[House Report 109-12]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-12
_______________________________________________________________________
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
[To accompany H.R. 3]
March 7, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-12
======================================================================
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
_______
March 7, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3) to authorize funds for Federal-
aid highways, highway safety programs, and transit programs,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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) Secretary Defined.--In this Act, the term ``Secretary'' means the
Secretary of Transportation.
(c) Table of Contents.--The table of contents for this Act is as
follows:
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. Use of excess funds.
Sec. 1107. Temporary traffic control devices.
Sec. 1108. Revenue aligned budget authority.
Sec. 1109. Emergency relief.
Sec. 1110. Surface transportation program.
Sec. 1111. Highway use tax evasion projects.
Sec. 1112. Appalachian development highway system.
Sec. 1113. Construction of ferry boats and ferry terminal facilities.
Sec. 1114. Interstate maintenance discretionary.
Sec. 1115. Highway bridge.
Sec. 1116. Transportation and community and system preservation
program.
Sec. 1117. Deployment of magnetic levitation transportation projects.
Sec. 1118. Recreational trails.
Sec. 1119. Federal lands highways.
Sec. 1120. Conservation measures.
Sec. 1121. Pedestrian and cyclist equity.
Sec. 1122. National commissions.
Sec. 1123. Adjustments for the Surface Transportation Extension Act of
2004, Part V.
Sec. 1124. Roadway safety.
Sec. 1125. 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. State assumption of responsibilities for certain programs
and projects.
Sec. 1208. HOV facilities.
Sec. 1209. Congestion pricing pilot program.
Sec. 1210. Congestion mitigation and air quality improvement program
eligibility.
Sec. 1211. Special rules for State assumption of responsibilities.
Sec. 1212. Opening of Interstate ramps.
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.
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.
Sec. 1408. Repair or replacement of highway features on National
Highway System.
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. Special rules relating to State infrastructure bank program.
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. Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
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.
Sec. 1819. Lead agency designation.
Sec. 1820. Use of debris from demolished bridges and overpasses.
Sec. 1821. Hubzone program.
Sec. 1822. Technical amendments to TEA 21 projects.
Sec. 1823. National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity.
Sec. 1825. Eligibility to participate in western Alaska community
development quota program.
Sec. 1826. Metropolitan regional freight and passenger transportation
study.
Sec. 1827. Intermodal transportation facility expansion.
Sec. 1828. Advanced truck stop electrification system.
Sec. 1829. Technology.
Sec. 1830. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1831. Motorcyclist Advisory Council.
Sec. 1832. Sharing of monetary recoveries.
Sec. 1833. Eligibility under CMAQ.
Sec. 1834. Sense of Congress regarding Buy America.
Sec. 1835. Community enhancement study.
Sec. 1836. Transportation and local workforce investment.
Sec. 1837. Special rule for fiscal year 2004.
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. Motorcyclist safety.
Sec. 2009. Driver fatigue.
Sec. 2010. Authorization of appropriations for highway safety research
and development.
Sec. 2011. Safety data.
Sec. 2012. Driver performance study.
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. High-intensity small-urbanized area formula grant program.
Sec. 3041. Allocations for national research and technology programs.
Sec. 3042. Relationship to other laws.
Sec. 3043. Cooperative procurement.
Sec. 3044. Obligation ceiling.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of
2004, Part V.
Sec. 3046. Special rule for fiscal year 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 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.
Sec. 4133. Intrastate and foreign operations of interstate motor
carriers.
Sec. 4134. Operators of vehicles transporting agricultural commodities
and farm supplies.
Sec. 4135. Hours of service rules for operators providing
transportation to movie production sites.
Sec. 4136. Special rule for fiscal year 2004.
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. Civil penalty 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.
Sec. 4212. Applicability to household goods motor carriers.
Sec. 4213. Violations of Out-of-Service Orders.
Sec. 4214. Criminal penalty for holding goods hostage.
TITLE V--TRANSPORTATION RESEARCH AND EDUCATION
Subtitle A--Funding
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
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.
Sec. 5213. Transportation research and development strategic planning.
Sec. 5214. Limitation on remedies for future strategic highway research
program.
Sec. 5215. Center for Transportation Advancement and Regional
Development.
Subtitle C--University Transportation Research; Scholarship
Opportunities
Sec. 5301. National university transportation centers.
Sec. 5302. University transportation research.
Sec. 5303. Transportation scholarship opportunities program.
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.
Sec. 5502. Reports of 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. Road weather research and development program.
Sec. 5608. Definitions.
Sec. 5609. Rural interstate corridor communications study.
Sec. 5610. Centers for surface transportation excellence.
Sec. 5611. Repeal.
Sec. 5612. Special rule for fiscal year 2004.
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.
Sec. 6005. Interstate compacts.
Sec. 6006. Development of transportation plan.
Sec. 6007. Interstate agreements.
Sec. 6008. Regulations relating to transportation planning.
Sec. 6009. Special rules relating to project development procedures.
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.
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, $630,000,000 forfiscal 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, $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, $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.
(12) Projects of national and regional significance
program.--For the projects of national and regional
significance program under section 1304 of this title,
$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 2005 through
2009.
(17) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for
fiscal year 2006, $2,143,250,000 for fiscal year 2007,
$2,192,450,000 for fiscal year 2008, and $2,050,450,000 for
fiscal year 2009.
(18) Freight intermodal connector program.--For the freight
intermodal connector program under section 1303 of this title,
$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, $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, $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,
$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, $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, $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) $33,643,000,000 for fiscal year 2004;
(2) $34,412,000,000 for fiscal year 2005;
(3) $36,287,100,000 for fiscal year 2006;
(4) $37,616,700,000 for fiscal year 2007;
(5) $38,876,400,000 for fiscal year 2008; and
(6) $40,231,500,000 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 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) 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,''.
(d) 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''.
(e) Puerto Rico Highway Program.--Section 1214(r) of the
Transportation Equity Act for the 21st Century (112 Stat. 209; 117
Stat. 1114; 118 Stat. 1149) is amended--
(1) in paragraph (1) by striking ``1101(a)(15) for each of
fiscal years 1998 through 2005'' and inserting ``1101(a)(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 ``1101(a)(15) of this Act''
and inserting ``1101(a)(24) of the Transportation Equity Act: A
Legacy for Users''.
SEC. 1104. MINIMUM GUARANTEE.
To be supplied.
SEC. 1105. PROJECT APPROVAL AND OVERSIGHT.
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.''.
SEC. 1106. USE OF EXCESS FUNDS.
Section 106 of title 23, United States Code, is further amended by
adding at the end the following:
``(k) 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
a plan for obligating the funds for the design and construction
of--
``(A) with respect to excess funds derived from the
surface transportation program under section 133(d)(1),
133(d) (2), or 133(d)(3), the highway bridge
replacement and rehabilitation program under section
144, the congestion mitigation and air quality
improvement program under section 149, or the
recreational trails program under section 206, one or
more projects that are eligible for funding under that
program; and
``(B) with respect to excess funds derived from any
other program under this title, one or more projects
that are eligible for funding those programs or the
surface transportation program under section 133.
``(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.--
``(A) In general.--Except as provided by subparagraph
(B), 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 under
which the project is carried out.
``(B) Stp allocations.--Section 133(d) shall not
apply to excess funds used to carry out a project under
this section, unless such funds are derived from
amounts apportioned under 104(b)(3).
``(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
or canceled.''.
SEC. 1107. 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 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. 1108. REVENUE ALIGNED BUDGET AUTHORITY.
(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''.
(d) Technical Amendment.--Section 110(b)(1)(A) of title 23, United
States Code, is amended by striking ``for'' the second place it
appears.
SEC. 1109. EMERGENCY RELIEF.
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 $100,000,000.
SEC. 1110. 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. 1111. 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 31 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.''.
SEC. 1112. 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. 1113. 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 2005 through 2009 to establish the
database.
SEC. 1114. 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.
(e) Effective Date.--The amendments made by subsections (a) and (b)
of this section shall take effect on September 30, 2005.
SEC. 1115. 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; 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).''.
(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 ``2005'';
(3) by striking ``2004'' the first place it appears and all
that follows through ``2005,'' and inserting ``2009 for the
bridge program,'';
(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. 1116. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION
PROGRAM.
(a) Extension.--Section 1221(e)(1) of the Transportation Equity Act
for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879;
118 Stat. 1149) is amended--
(1) by striking ``1999 and'' and inserting ``1999,''; and
(2) by striking ``2004'' the first place it appears and all
that follows through ``2005'' and inserting 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 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''.
(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.
``(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 2005 through 2009 to carry out
the pilot program under this subsection.''.
SEC. 1117. 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.
(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. 1118. 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. 1119. 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 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 2005 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(d)(2)(A)
of such title is amended by inserting before the period at the end the
following: ``; except that, beginning October 1, 2004, 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.''.
(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.
SEC. 1120. 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.
SEC. 1121. 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 31, 2006, 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, 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. 1122. 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 2005
and 2006 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 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. 1123. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF
2004, PART V.
[Reserved]
SEC. 1124. 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 2005 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. 1125. EQUITY REQUIREMENT.
(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 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.
(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 2005 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,''.
(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, communications equipment
related to traffic incident management (including
integrated, interoperable, emergency communications
equipment), roadway weather management, traveler
information services, commercial vehicle operations,
traffic control, freight management, and coordination
of highway, rail, transit, bicycle, and pedestrian
operations.''.
(b) 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.''.
(c) 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.''.
(d) 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.''.
(e) Conforming Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``166. Transportation systems management and operations.''.
(f) 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 March 31,
2006, 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 2005 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.
(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 $2,500,000,000 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 2005 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 2005 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 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. 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.
``(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 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.
``(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.''.
(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.''.
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. 168. 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.--Under subparagraph (B), a
State agency may charge no toll or a toll that is 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 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:
``168. 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 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 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 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 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''.
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM
ELIGIBILITY.
Section 149(b)(5) of title 23, United States Code, is amended by
inserting ``improve transportation systems management and operations,''
after ``intersections,''.
SEC. 1211. SPECIAL RULES FOR STATE ASSUMPTION OF RESPONSIBILITIES.
(a) Limitations.--Section 167(a) of title 23, United States Code, as
added by section 1207(a) of this Act, is amended by adding at the end
the following:
``(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) Acceptance of Federal Courts Jurisdiction; Termination of
Agreements.--Section 167(b) of title 23, United States Code, as added
by section 1207(a) of this Act, is amended by adding at the end the
following:
``(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) State Subject to Federal Laws.--Section 167 of title 23, United
States Code, as added by section 1207(a) of this Act, is further
amended by adding at the end the following:
``(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 tothe 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.''.
SEC. 1212. OPENING OF INTERSTATE RAMPS.
(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 and Arena Drive in Prince George's County, Maryland, for the
purpose of allowing motor vehicles to exit Interstate Route 495 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 vehicles to enter Interstate Route 495 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.
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 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;
(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:
(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, 2006, 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
(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;
``(6) installation of protective devices at railway-highway
crossings; and
``(7) 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 (b)(1), (d),
(e), and (f) shall take effect on September 30, 2005.
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-
2004.--''; and
(B) by inserting ``and ending before October 1,
2004,'' 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 2005 and thereafter.--On October 1, 2004,
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
2005 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 ``fiscal
years thereafter'' and inserting ``fiscal year 2004'' ;
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 2005 and thereafter.--On October 1, 2004,
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)--
(A) by striking ``The amount'' and inserting ``For
fiscal year 2005 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 inserting ``fiscal year 2004'' ;
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 2005 and thereafter.--On October 1, 2004,
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 2005 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 ``for fiscal year 2004'' and all that follows through ``2005''
and inserting ``and for each of fiscal years 2003, 2004, and 2005''.
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 ``for fiscal year 2004'' and all that follows through
``2005'' and inserting ``and for each of fiscal years 2004 and 2005''.
(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;''.
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).
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.
(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, 2007, 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 2005
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--
(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.
``(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 2005 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 2005 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 2005 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 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.
``(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 2005 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'';
(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 ``this 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 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.
(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. SPECIAL RULES RELATING TO STATE INFRASTRUCTURE BANK PROGRAM.
(a) Interstate Compacts.--Section 189 of title 23, United States
Code, as amended by section 1602(a) of this Act, is amended by
inserting after subsection (b) the following:
``(c) Interstate Compacts.--
``(1) In general.--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.
``(2) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.''.
(b) Applicability of Federal Law.--Section 189 of title 23, United
States Code, as amended by section 1602(a) of this Act, is further
amended by inserting after subsection (g) the following:
``(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.''.
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) 22.4 percent of such amount shall be available for
obligation beginning in fiscal year 2005;
``(2) 20.2 percent of such amount shall be available for
obligation beginning in fiscal year 2006;
``(3) 19.3 percent of such amount shall be available for
obligation beginning in fiscal year 2007;
``(4) 19.7 percent of such amount shall be available for
obligation beginning in fiscal year 2008; and
``(5) 18.4 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 2005
through 2009 to carry out each such project:
HIGH PRIORITY PROJECTS
------------------------------------------------------------------------
No. State Project Description Amount
------------------------------------------------------------------------
1 CA Construct safe access to streets for $500,000
bicyclists and pedestrians including
crosswalks, sidewalks and traffic calming
measures, Covina..........................
2 CA Develop and implement ITS master plan in $1,500,000
Anaheim...................................
3 TN Improve circuitry on vehicle protection $59,000
device installed at highway-RR crossing in
Athens, TN................................
4 CA Builds a pedestrian bridge from Hiller $2,450,000
Street to the Bay Trail, Belmont..........
5 OH Renovate and expand National Packard Museum $3,000,000
and adjacent historic Packard facilities..
6 IL Land acquisition for the widening of Rt. 47 $1,000,000
in Yorkville, IL..........................
7 NE Interstate 80 Interchange at Pflug Road, $1,400,000
Sarpy County, Nebraska....................
8 TX Construction of Segment #1 of Morrison Road $2,000,000
for the City of Brownsville...............
9 MI I-96 at Latson Road Interchange $6,000,000
Improvements..............................
10 IL Preconstruction and Construction of IL 83 $1,000,000
at IL 132.................................
11 TN Add third lane on US-27 (State Route 29) $6,000,000
for truck-climbing lane and realignment of
roadway at Wolf Creek Road to Old US-27
north of Robbins..........................
12 MI Reconfiguration of US-31 from the Manistee $750,000
Basquel Bridge to Lincoln Street in the
city of Manistee..........................
13 AR Bentonville, Arkansas--widen and improve I- $1,420,000
540 and SH-102 Interchange................
14 WA 41st St. Interstate 5 Interchange Project $2,600,000
in Everett................................
15 CA Reconstruct and deep-lift asphalt on $4,644,000
various roads throughout the district in
Santa Barbara County......................
16 OK Improving the I-35 Interchange at Milepost $2,000,000
1 Near Thackerville.......................
17 NJ Laurel Avenue Bridge replacement in Holmdel $1,000,000
Township..................................
18 OH Construct overpass over CSX Railroad on $460,000
Columbia Road (State Route 252), Olmsted
Falls.....................................
19 TN Reconstruct and widen US-72 from south of $1,000,000
State Route 175 to State Route 57, Shelby
County....................................
20 NY Construct roundabout at Oregon Road- $475,000
Westbrook Dr-Red Mill Road in Town of
Cortlandt.................................
21 IL Construct Bike, Pedestrian Paths, Orland $400,000
Hills.....................................
22 PA Construct I-79/Rte 3025 missing ramps at $1,150,000
Jackson Township, PA......................
23 PR Construction of PR 833 to PR 831. PR 831 to $6,000,000
PR 5. Bridge #667 PR 830, KM 2.40 PR 5
connector from PR 167 to intersation with
PR 5 and Las Cumbres Ave..................
24 TX Extension of SH349 to US 87 Relief Route in $2,500,000
Dawson County.............................
25 IL Parking facility in Peoria, IL............. $1,000,000
26 IL Construct Interchange on Interstate 255 at $19,000,000
Dupo/Columbia.............................
27 MN Construction and right-of-way acquisition $4,000,000
for interchange at TH65 and TH242 in
Blaine, MN................................
28 CA Huntington Beach, Remove off-ramp on I-405 $500,000
at Beach Blvd. Construct fourth lane on I-
405 North, at the Beach Blvd. interchange.
29 TN Addition of an interchange on I-40 in Roane $3,000,000
County at Buttermilk Road and I-40........
30 NY Purchase Three Ferries and Establish System $15,000,000
for Ferry Service from Rockaway Peninsula
to Manhattan..............................
31 IL Reconstruction of Mockingbird Lane and $1,500,000
Stratford St, Granite City................
32 FL Construction a new multi-lane tunnel below $500,000
the channel to link the Port of Miami on
Dodge Island with I-395 on Watson Island
and I-95 in Downtown Miami................
33 MD Rehabilitation of West Baltimore Trail and $900,000
Implementation of Pedestrian Improvements
Along Associated Roadways.................
34 TN Removal and Reconfiguration of Interstate $3,000,000
Ramps--I-240, Memphis.....................
35 CA Replace structurally unsafe Winters Bridge $2,000,000
for vehicles, bicycles and pedestrians
between Yolo and Solano Counties..........
36 IL City of Havana, Illinois Upgrades to $952,572
Broadway Street...........................
37 MN Construction of Gitchi-Gami State Trail $900,000
from Cascade River to Grand Marais........
38 LA Develop master transportation plan for the $500,000
New Orleans Regional Medical Center.......
39 VA Final Design and Construction for $1,000,000
improvements at I-64 and City Line Road,
Virginia Beach and Chesapeake.............
40 MA Replacement of Cross Street Bridge spanning $1,000,000
flood prone Aberjona River, Winchester....
41 NC Construction of and improvement to I-73, I- $11,000,000
74, US 220 in Montgomery and Randolph
Counties, NC..............................
42 IA Access and enhancements to access Lake $1,000,000
Belva Deer, Sigourney.....................
43 CA Roadway surface improvements, street $800,000
lighting, and storm drain improvements to
South Center Street from Baughman Road to
State Route 78/86, Westmorland............
44 TX Construct two connectors between SH 288 and $5,000,000
Beltway 8.................................
45 NY Implement Central NY highway grade crossing $2,000,000
and grade separation project..............
46 CA Douglas St. Improvements, El Segundo....... $4,000,000
47 MA Reconstruction of Massachusetts Avenue $2,000,000
including safety improvements and related
pedestrian, bike way in Arlington.........
48 NY Reconstruction of Rt 5,8,12 (North South $1,000,000
Arterial) Burrstone Rd. to Oriskany
Circle, City of Utica.....................
49 OK Construction of Norman highway-rail Grade $1,000,000
Separation................................
50 PA Construction of the Montour Trail, Great $1,000,000
Allegheny Passage.........................
51 CA Route 1 San Pedro Creek Bridge replacement $3,000,000
in Pacifica...............................
52 MI South Lyon, 2nd St. between Warren and $125,000
Haggadorn.................................
53 PA Street improvements, Abington Township..... $2,000,000
54 IA Study of a direct link to I 80, Pella...... $500,000
55 TN Sweetwater, TN Improving Vehicle $96,000
Efficiencies at At-Grade highway-railroad
Crossings.................................
56 OR Construct bike/pedestrian path, Powers..... $440,000
57 IL IL 6 to I-180--Phase 2 study and land $2,000,000
acquisition...............................
58 FL Construct a new bridge at Indian Street, $1,000,000
Martin County.............................
59 GA Improve sidewalks, upgrade lighting, and $500,000
add landscaping in downtown Glennville....
60 LA Continue planning and construction of the $1,900,000
New Orleans Regional Planning Commission
Mississippi River trail in St. John,
Plaquemines St. Bernard and St. Charles
parishes..................................
61 MO Road widening and curb and gutter $3,000,000
improvements on Hwy 33 in Kearney.........
62 TX The SH146, Port Rd direct connectors allows $13,200,000
traffic bypass several rail lines &
traffic signals at, near intersection of
SH146 and Port Rd.........................
63 UT Reconstruct South Moore Cut-off Road in $4,500,000
Emery County..............................
64 PA Improvements to exits along Interstate 81 $8,200,000
in Franklin County, PA-- Antrim Road......
65 OH Plan and construct the Southeast Arterial $5,000,000
Connector highway at Delaware, Ohio.......
66 TN To construct transportation enhancements on $8,000,000
a multi-faceted greenway in downtown
Columbia on the Duck River................
67 RI New Interchange constructed from I-195 to $5,800,000
Taunton and Warren Avenue in East
Providence................................
68 NY Town of Chester reconstruction of Walton $80,000
Lake Estates subdivision and related roads
69 NC Extend M.L. King Jr. Boulevard in Monroe... $2,000,000
70 NY Town of Fishkill Old Glenham Road (aka $325,500
Washington Ave) reconstruction............
71 PA U.S. Route 13 Corridor Reconstruction, $2,000,000
Redevelopment and Beautification, Bucks
County....................................
72 NY Rochester & Southern Highway-Rail Grade $1,500,000
Crossing Bypass, Silver Springs, New York.
73 IL Upgrade streets in the City of Rushville, $1,000,000
IL........................................
74 MO Construct 2 lanes on Chouteau Trafficway $2,000,000
from MO 210 to I-35.......................
75 AZ US 60 to Gonzalez Pass..................... $2,000,000
76 LA Interstate lighting system (I 10 and LA 93) $300,000
77 GU Reconstruct Hagatna River Bridges, $6,600,000
Municipality of Hagatna...................
78 WA SR 704 Cross-Base Highway, Spanaway Loop $1,500,000
Road to SR 7..............................
79 NY Village of Brewster Main Street and Route 6 $975,000
related construction and improvements.....
80 PA Design and construct relocation of US 11 $5,680,000
between Ridge Hill and Hempt Roads........
81 VA Improve Route 42 (Main Street) in $500,000
Bridgewater, Virginia.....................
82 NY Construction of Route 59 Palisades $1,000,000
Interstate Parkway to Route 303...........
83 IL Improve University Drive, Macomb........... $500,000
84 CA Adams Street Rehabilitation Project, $388,000
Glendale..................................
85 NY Construct grade separation-interchange $1,450,000
between Taconic Parkway and Pudding Street
86 IA Construction of 100th St interchange on I $1,000,000
35-80, Urbandale..........................
87 MO Lewis and Clark Expressway................. $2,000,000
88 PA Mercer County, PA I-79 and PA 208 $2,000,000
Interchange Improvement Project...........
89 WA Plan to relieve traffic until North-South $550,000
freeway -HWY 2............................
90 CA San Diego River Multiuse Bicycle and $500,000
Pedestrian Path...........................
91 PA Construction of the Lafayette Street $10,400,000
extension project in Montgomery County, PA
92 NJ Construct new ramps between I-295 and Route $5,000,000
42........................................
93 PA Construct S.R. 29 Wal-mart to River $1,700,000
Betterment, Eaton Tunkhannock, Wyoming
County....................................
94 WV Construct Shawnee Parkway.................. $1,100,000
95 FL Improve pedestrian and bicycle sidewalks, $600,000
lighting, and ADA ramps--Main Street,
Canal Street, Miramar.....................
96 MN Reconstruct CSAH 19 from CSAH 36 to CSAH 2, $200,000
Morrison County...........................
97 TN Develop trails, bike paths and recreational $250,000
facilities on Bird Mountain, Morgan County
for Cumberland Trail State Park...........
98 MN Lyndale Avenue Bridge, Richfield........... $13,000,000
99 MI Provide a bypass around the Village of $100,000
Almont during M-53 reconstruction which is
contiguous with Macomb County.............
100 NY Town of Wallkill new construction road- $1,000,000
tunnel under Rt. 17.......................
101 NY Village of Cold Spring Main Street and $820,000
ancillary road and sidewalk improvements..
102 IL West Ridge Nature Preserve, Chicago........ $3,000,000
103 TN Widen Campbell Station Road in Knoxville, $1,800,000
TN........................................
104 AL Widen Hwy. 84 to 4 lanes west of I-65 from $4,000,000
Evergreen to Monroeville and beyond to the
State of AL line..........................
105 MS Widen State Highway 57 from I-10 through $5,000,000
Vancleave.................................
106 WA Widening SR527 from 2 lanes to 5 from $1,500,000
Bothell to Mill Creek.....................
107 OH Construct proposed connection SR 207, SR $2,000,000
104, and US 23 in Ross County.............
108 MI Construct improvements to Finkbeiner Road $4,400,000
from Patterson Road to Whitneyville Road
in Barry County, and new bridge over
Thornapple River..........................
109 PA York Road improvements from Horsham Road to $1,250,000
Summit Avenue, Borough of Hatboro.........
110 OH Intersection improvements at Highland and $612,000
Bishop Roads in the City of Highland
Heights, OH...............................
111 WI Reconstruct Wisconsin State Highway 21 at I- $3,000,000
94 interchange............................
112 MN Safety improvements and intersection $1,800,000
enhancements of TH 95 and TH 169,
Princeton.................................
113 NY Wading River Bicycle and Pedestrian Project $1,200,000
in Riverhead..............................
114 FL Widen County Line Road (CR 578) from $6,000,000
Suncoast Parkway to US41 to four lanes....
115 IL Improve Great River Road, Warsaw........... $750,000
116 NY Yonkers, New York, Trolley Bus Acquisition. $300,000
117 FL Construct East Central Regional Rail Trail $1,000,000
in Volusia County, Florida................
118 MO Y Highway US 71 to MO 58, Cass County...... $2,000,000
119 WY WYO 59 Reconstruction...................... $2,000,000
120 LA Plan and construct bike/pedestrian $4,000,000
crossings of Washington-Palmetto Canal in
the vicinity of Xavier University, New
Orleans...................................
121 NC Winston-Salem Northern Beltway, Eastern $5,000,000
Section and Extension, NC.................
122 CA Willow and Herndon Traffic Flow $300,000
Improvements, City of Clovis, California..
123 MO US 71 at Y Highway North and Southbound $2,000,000
Ramps.....................................
124 CA Will add landscaping enhancements along the $2,500,000
Ronald Reagan Freeway Route 118 for
aesthetic purposes........................
125 NC Widens US 29 Business Freeway Drive from $10,000,000
South Scales St. to NC 14 in Rockingham
County....................................
126 PA Widening, rechannelization, signalization $800,000
to 2nd ave and Bates street, replace Elisa
Furnace bridge over Bates Street..........
127 KS Resurfacing, grading, replacing guardrails $784,000
& adding shoulders to Highway 77 in Geary
City, to accommodate expected traffic
increase..................................
128 MO Widening, curb and gutter improvements as $3,000,000
part of Hwy 33 redevelopment project in
Kearney...................................
129 IL Construct streetscape along Morse avenue $2,000,000
from Clark street to Sheridan road,
Chicago...................................
130 SC Build extension of North Rhett Boulevard $7,000,000
from Liberty Hall Road to US 176 in SC....
131 NH Construct and upgrade intersection of Route $1,000,000
3 and Franklin Industrial Drive in
Franklin..................................
132 GA Construct Waycross East Bypass from US 84 $2,200,000
in Pierce County, Georgia to US 1 in Ware
County, Georgia...........................
133 NY Design and Construction of a transportation $1,500,000
enhancement project at the Erie Canal
Aqueduct in downtown Rochester............
134 CA Improvement of intersection at Balboa Blvd. $500,000
and San Fernando Rd.......................
135 TN Improve Vehicle Efficiencies at highway At- $99,000
Grade Railroad Crossing in Athens, TN.....
136 WI Develop pedestrian and bike connections $2,100,000
that link to Hank Aaron State Trail in
Milwaukee.................................
137 AK Keystone Drive Road Improvements........... $1,000,000
138 GA Pedestrian and streetscape improvements, $400,000
Ellaville.................................
139 NY Construct and improve pedestrian access on $2,000,000
Main Street in Hempstead..................
140 IL Preconstruction activities IL 336 from $2,000,000
Macomb to Peoria..........................
141 OH Purchase of right-of-ways for construction $500,000
of pedestrian and bicycle improvements in
the City of Aurora, OH....................
142 IL Replacement of bridge on Harlem Avenue, The $1,000,000
Village of River Forest...................
143 CA State Route 86S and Ave 66 highway safety $4,500,000
grade separation..........................
144 IL Construct Bissel Street Roadway Connector, $850,000
Tri-City Regional Port District...........
145 CT Improve Route 1 between East Avenue and $2,000,000
Belden Avenue, Norwalk, CT................
146 IA Central IA Trail Loop, bicycle and $1,000,000
pedestrian, Ankeny to Woodward section....
147 MI Chippewa County, Upgrade Tilson Road $1,000,000
between M-28 South to intersection of M-48
at Rudyard................................
148 WA Coal Creek Parkway Bridge Replacement, $1,000,000
Newcastle WA..............................
149 PA Complete gaps in the Pittsburgh Riverfront $750,000
Trail Network including the Hot Metal
Bridge....................................
150 TX Construct passing lanes on Texas State $797,000
Highway 16 in Atascosa County.............
151 TX Construct street and drainage improvements $250,000
to road system in Encinal.................
152 MN Environmental assessment and right of way $2,000,000
acquisition at US52 and CSAH24
Interchange, Cannon Falls, Goodhue Cnty,
MN........................................
153 NY Construction for Peace Bridge Redevelopment $10,000,000
Project, Buffalo..........................
154 MN Construct recreational visitor center on $1,300,000
the Mesabi Trail, City of Virginia........
155 NE Engineering, right-of-way and construction $400,000
of the 23rd Street Viaduct in Fremont,
Nebraska..................................
156 MN Phase III of Devil Track Road Project, Cook $1,200,000
County....................................
157 ME Relocation of southbound on-ramp to I-95 at $1,500,000
exit 184, Bangor..........................
158 MA Construct access roads to Hospital Hill $2,000,000
project in Northampton, MA................
159 IN Construct interchange for 146th St. and I- $3,000,000
69, Hamilton County, Indiana..............
160 NY Design & Construct a Bicycle and Pedestrian $950,000
Walkway along the Decommissioned Putnam
Rail Line.................................
161 AK False Pass Road construction from small $3,000,000
boat harbor dock to airport and town......
162 IL Improve North Illinois St and related $6,500,000
roads, Belleville.........................
163 AR Construction of I-49, Highway 71: Arkansas $9,000,000
portion of Bella Vista Bypass.............
164 NM Coors-I-40 Interchange Reconstruction, $7,000,000
Albuquerque...............................
165 GA Extend the south Toccoa Bypass east of $2,900,000
Toccoa to CR 311, four lanes for
approximately 5.7 miles on new location...
166 TX Construct SH 183 from SH 360 to Belt Line $2,000,000
Road in Irving, Texas.....................
167 CA Construct pedestrian, bicycle and ADA $300,000
accessible boardwalks at the Pismo Beach
Promenade in San Luis Obispo County.......
168 TX SH 44 E of Alice near SH 359 to US 281, Jim $2,000,000
Wells County..............................
169 TX Corpus Christi, TX Corpus Regional Transit $2,000,000
Authority for maintenance facility
improvements..............................
170 PA For design, land & ROW acquisition, & $1,000,000
construction of a parking facility and
associated activities in the City of
Wilkes-Barre..............................
171 TN Hawkins County, Tennessee SR-31 $500,000
reconstruction............................
172 WI Reconstruct US Highway 41--STH 67 $650,000
interchange (Dodge County, Wisconsin).....
173 MA Reconstruct Route 24/Route 140 Interchange, $14,750,000
replace bridge and ramps, widen and extend
acceleration and deceleration lanes.......
174 OR Study landslides on U.S. Hwy. 20 between $1,000,000
Cascadia and Santiam Pass to develop long-
term repair strategy......................
175 MS Upgrade Alex Gates Road and Walnut Road in $1,750,000
Quitman County, and roads in Falcon,
Sledge and Lambert........................
176 IL Upgrades for Muller Road in the City of $280,000
Washington, IL............................
177 AL Construction of Valleydale Road Flyover, $5,000,000
Widening and Improvements.................
178 MS Upgrade roads in Beauregard (U. S. Hwy 51), $1,000,000
Crystal Springs (U.S. Hwy 51 and I-55),
and Hazelhurst (U.S. Hwy 51 and I-55),
Copiah County.............................
179 NY Westchester County, NY Rehabilitation of $650,000
June Road Town of North Salem.............
180 CA Implement streetscape improvements on $1,200,000
segments of Laurel Canyon Blvd. and
Victory Blvd. in North Hollywood..........
181 OH Construct loop road along US 23 in City of $7,700,000
Fostoria, Seneca County...................
182 PA Design, engineering, ROW acquisition, & $2,000,000
construction of street improvements,
parking, safety enhancements & roadway
redesign in Nanticoke.....................
183 LA Improve Ralph Darden Memorial Parkway $350,000
Between LA182 and Martin Luther King Road,
St. Mary Parish...........................
184 CA Reconstruct segments of Hollister Avenue $2,500,000
between San Antonio Road and State Route
154 in Santa Barbara County...............
185 NY Reconstruction of Schenck Avenue from $5,000,000
Jamaica Avenue to Flatlands Avenue,
Brooklyn..................................
186 CO Construct Wadsworth Interchange over US 36 $2,000,000
in Broomfield.............................
187 NY Enhance Battery Park Bikeway Perimeter, New $2,000,000
York City.................................
188 FL I-95 Interchange in the City of Boca Raton. $14,250,000
189 NJ Construct Long Valley Bypass............... $1,000,000
190 MI Alpena County, Resurface 3.51 miles of $640,000
Hamilton and Wessel Roads.................
191 CA Construct a 2.8 mile bikeway along Lambert $2,500,000
Road from Mills Ave. to Valley Home Ave.
in the City of Whittier, CA...............
192 TX Hidalgo County Loop........................ $1,000,000
193 ME Improvements to Route 108 to enhance access $1,500,000
to business park, Rumford.................
194 NY Installation of new turning lane from $375,000
Mohansic Ave onto eastbound Route 202, &
addition of new striped crosswalk.........
195 NY Rockland County Hudson River Greenway Trail $2,000,000
Project construction......................
196 TX Construct a segment of FM 110 in San Marcos $1,000,000
197 TX Big Spring, TX Construction of the Big $2,800,000
Spring Reliever Route.....................
198 NY Improvements to Intermodal Transportation $2,800,000
Facility and Construction of Waterfront
Esplanade at Fort Totten..................
199 PA Reconstruction and repair of Haverford Ave. $300,000
Between 68th St. and Lansdowne Ave........
200 ND Bismarck/Mandan Liberty Memorial Bridge $30,000,000
over the Missouri River...................
201 WI City of Glendale, WI. Develop and $3,000,000
rehabilitate exit ramps on I-43, and
improvements at West Silver Spring Dr. and
North Port Washington Rd..................
202 TX Construction of Lake Ridge and US67 $3,000,000
Project, Cedar Hill, TX...................
203 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 277.................
204 WI Resurface USH 8 between CTH C and Monico... $1,100,000
205 PA South Phila. Access Rd. Design and $3,000,000
construction of port access road from
South Phila Port and intermodal
facilities, Philadelphia..................
206 NY Implement ITS system and apparatus to $100,000
enhance citywide truck route system on
Broadway to Irwin Ave between 232 to 231
in the neighborhood of Kingsbridge, NY....
207 PA SR 219 Purchase of Right of Way and $15,000,000
completion of four lane extension from the
Town of Somerset to the Maryland border...
208 WI Expand USH 41 between Oconto and Peshtigo, $2,000,000
Wisconsin (Oconto and Marinette Counties,
Wisconsin)................................
209 IA Study for NE Beltway, Polk Co.............. $500,000
210 NY This project involves a full reconstruction $3,400,000
of all the streets in Long Island City
surrounding 11th Street...................
211 AZ Upgrade and Widen SR85 to I-10 (Mileposts $1,500,000
120-141)..................................
212 MS Upgrade Dog Pen Road and Galilee Road in $1,000,000
Holmes County, and roads in Cruger,
Pickens, and Goodman......................
213 GA U.S. 19/SR92 median work from Ellis RD to $1,500,000
West Taylor ST, Griffin...................
214 MS Upgrade roads at Coahoma Community College, $1,500,000
and roads in Coahoma and Jonestown ,
Coahoma County............................
215 IN Construction of Dixon Road from Markland $500,000
Avenue to Judson Road in Kokomo, Indiana..
216 CA Construction of Cross Vally Connector $4,000,000
between I-5 and SR 14.....................
217 MA State Street Corridor Redevelopment Project $6,000,000
includes street resurfacing, pedestrian
walkway improvements and ornate lighting
from Main Street to St. Michael's
Cemetery, Springfield.....................
218 MI Resurfacing of Stephenson Highway in $350,000
Madison Heights...........................
219 CA Soundwall construction on the 210 Freeway, $1,800,000
Pasadena..................................
220 GA Streetscape-Ashburn........................ $250,000
221 NY Design, Study and Construct Ferry Terminal $1,000,000
Facilities at Floyd Bennett Field.........
222 WI Improve Superior Avenue: Interstate 43 to $1,000,000
State Highway 32, Sheboygan County,
Wisconsin.................................
223 TX Design and construction streetscape $1,000,000
improvements to enhance pedestrian access,
pedestrian access to bus services and
facilities................................
224 IL Upgrade roads, The Village of Berkeley..... $1,000,000
225 GA Upgrade sidewalks and lighting, $400,000
Wrightsville..............................
226 PA Upgrades to Bedford Route 220 at the $2,100,000
entrance of the Bedford Business Park to
Beldon Ridge intersection.................
227 MI Widen Baldwin Road from Morgan to Waldon in $4,000,000
Orion Township............................
228 FL Construct Saxon Boulevard Extension, $2,100,000
Volusia County, Florida...................
229 NY Construction and rehabilitation of East and $930,000
West Gates Avenues in the Village of
Lindenhurst, NY...........................
230 TN Widen Interstate 240 from Interstate 55 to $1,000,000
Interstate 40 West of Memphis, Shelby
County....................................
231 NJ Rahway River Corridor Greenway Bicycle and $500,000
Pedestrian Path, South Orange.............
232 CT Reconstruct Pearl Harbor Memorial Bridge, $2,000,000
New Haven.................................
233 PA Development of Northwest Lancaster County $250,000
River Trail...............................
234 CA Widen SR89 at existing ``mousehole'' two $3,000,000
lane RR underpass.........................
235 LA Construct Mississippi River Trail and $500,000
Bikepath, New Orleans.....................
236 NY Utica Marsh-Reestablish Water Street....... $2,650,000
237 AR Widen to 5 lanes, improvement, and other $3,200,000
development to U.S. Highway 79B/Univeristy
Ave. in Pine Bluff........................
238 WA SR 9 & 20th St. SE Intersection $1,000,000
Reconstruction in Snohomish County........
239 OH Streetscape and related safety improvements $350,000
to US 20 in Painesville Township, OH......
240 PA Design, construct intersection and other $1,000,000
upgrades on PA 24 and 124 in York County,
PA........................................
241 WA Issaquah Historical Society, Issaquah $250,000
Valley Trolley Project....................
242 IL Construct new bridge on Illinois Prairie $300,000
Path over East Branch River in Milton
Township, IL..............................
243 TN Plan and construct improvements, Livingston $50,000
public square.............................
244 GA Construction on US 82 from Dawson to $1,000,000
Alabama Line..............................
245 IA Construct I-74 Bridge in Bettendorf, IA.... $1,500,000
246 CA Operations and management improvements, $1,000,000
including ITS technologies, on U.S.
Highway 101 in Santa Barbara County.......
247 OH Plan and construct new interchange on $5,000,000
Interstate 71 at Big Walnut Road in
Delaware County, Ohio.....................
248 PA Design and construct access to intermodal $2,000,000
facility in York County...................
249 WA Complete preliminary engineering and $1,000,000
environmental analysis for SR14 through
Camas and Washougal.......................
250 UT Construct Bingham Junction Boulevard in $5,000,000
Midvale City..............................
251 MD Construct Centreville, MD spur of Queen $382,000
Annes County Cross Island Trail,
Centreville to US Route 301...............
252 MN Polk, Pennington, Marshall County 10-Ton $5,600,000
Corridor in Northwestern Minnesota........
253 CA Quincy-Oroville Highway Rehabilitation in $1,000,000
Plumas County.............................
254 CA Construct Coyote Creek Trail Project from $2,000,000
Story Road to Montague Expressway in San
Jose......................................
255 TX Construct Depression of Belt Line Road at I- $6,000,000
35E Intermodal Transportation Project in
Carrollton, TX............................
256 AL Construct Anniston Eastern Bypass from $12,500,000
Golden Springs Road to US Hwy 431.........
257 NY Construct transportation enhancements on $1,250,000
greenway along East River waterfront
between East River Park (ERP) and Brooklyn
Bridge, and reconstruct South entrance to
ERP, in Manhattan.........................
258 NE Construction of I-80-Cherry Avenue $8,000,000
Interchange and East Bypass, Kearney,
Nebraska..................................
259 MN Design, engineering, ROW acquisition and $1,000,000
construction for the French Rapids Bridge,
City of Brainerd..........................
260 CA Escondido, CA Construction of Bear Valley $2,000,000
Parkway, East Valley Parkway..............
261 AR Junction Bridge--rehabilitation & $800,000
conversion from rail to pedestrian use....
262 WA Port of Tacoma Rd.--Construct a second left $500,000
turn lane for traffic from westbound Pac.
Hwy E. to Port of Tacoma Rd. and I-5......
263 NY Realign Union Valley Road in Town of Carmel $330,000
264 MO Roadway improvements to U.S. 67 in St. $2,000,000
Francois County...........................
265 FL Homestead, FL Widening of SW 328 from SW $7,000,000
137 Ave to 152 Ave........................
266 CA Reconstruct I-710 southern terminus off $1,000,000
ramps, Long Beach.........................
267 GA SR 4 widen from Milledgeville Road to $4,000,000
Government Street, Richmond County........
268 TN Develop trails, bike paths and recreational $250,000
facilities on Western Slope of Black
Mountain, Cumberland County for Cumberland
Trail State Park..........................
269 NJ Routes 1 & 9 Secaucus Road to Broad Avenue $1,000,000
in Hudson and Bergen Counties.............
270 MA Massachusetts Avenue Reconstruction, Boston $5,000,000
271 NY Improve Ashburton Ave. from the Saw Mill $1,500,000
River Parkway to the waterfront, Yonkers..
272 MN Trail extensions to Mesabi Trail, City of $294,745
Aurora....................................
273 LA I-10 Ryan Street exit ramp to include $5,000,000
relocation and realignment of Lakeshore
Drive to include portions of Front Street
and or Ann Street, and to include
expansion of Contraband Bayou Bridge......
274 MI Van Buren, Belleville Road widen to 5 lanes $1,100,000
between Tyler and Ecorse..................
275 IA Widening University Blvd, Clive............ $1,000,000
276 HI Construct Waimea Bypass.................... $1,000,000
277 IL Widening two blocks of Poplar St from Park $480,000
Ave to 13th Street, Williamson County.....
278 CA Widening the highway and reconstructing off $5,000,000
ramps on Hwy 101 between Steele Lane and
Windsor, CA to reduce traffic and promote
carpools..................................
279 WA Granite Falls Alternate Freight Route in $2,930,000
Granite Falls.............................
280 NY Construction and rehabilitation of North $680,000
Queens Avenue and Grand Avenue in the
Village of Lindenhurst, NY................
281 SC Extension & Expansion of Lower Richland $1,000,000
Roads Phase I.............................
282 OR Kuebler Boulevard improvements, Salem...... $1,500,000
283 NC Upgrade US 1 in Rockingham................. $10,000,000
284 CA Implement Southwest San Fernando Valley $2,300,000
Road and Safety Improvements..............
285 VA Upgrade DOT crossing #467662S to constant $201,800
warning time devices......................
286 TX Construct new location highway & $16,000,000
interchanges on Inner Loop, from Global
Reach to Loop 375 including the Global
Reach ext., El Paso.......................
287 CA Rehabilitation, repair, and/or $3,500,000
reconstruction of deficient two-lane roads
that connect to Interstate 5, SR 180, SR
41 and SR 99 countywide, Fresno County....
288 OH Relocate SR 149 from 26th Street to Trough $650,000
Run in Bellaire...........................
289 WA Auburn, Washington--M Street SE $500,000
rehabilitation between 29th Street SE and
37th Street SE............................
290 KY Replace Bridge over Stoner Creek, 2 Miles $1,000,000
East of US 27 Junction, Bourbon County....
291 NM Development of Paseo del Volcan corridor $2,000,000
located in Sandoval County from Iris Road
to U.S. Highway 550.......................
292 OH Stan Hywet Hall and Gardens to restore, $180,000
expand, construct, and improve pedestrian
paths and bike trail system...............
293 MS Construct bicycle path, Petal.............. $200,000
294 NJ Construction of Route 206 Chester Township, $1,000,000
NJ........................................
295 IL For IDOT to conduct Phase II engineering $1,000,000
for reconstruction of 159th St-US 6-IL 7
in Will and Cook Counties.................
296 IL For Will County to begin Phase II $2,000,000
engineering and preconstruction activities
for a high level bridge linking Caton Farm
Road with Bruce Road......................
297 CA Study of Thomas Bridge to meet future cargo $2,000,000
and passenger traffic needs of the ports
of Long Beach and Los Angeles.............
298 TX US377 Hood Co., TX--From BU377H east of $1,500,000
Granbury to the new location of FM 4......
299 IL Construct Citywide bicycle path network, $250,000
city of Evanston..........................
300 CA Mount Vernon Avenue grade separation and $2,000,000
bridge expansion in Colton................
301 NJ Widening Routes 1 and 9, Production Way to $500,000
East Lincoln Avenue, Union County.........
302 PA Design, construct and upgrade interchange $4,000,000
of US 15 and US 30 in Adams County........
303 OH State Route 8 Improvements in Northern $3,000,000
Summit County.............................
304 CO US 50 East, State Line to Pueblo........... $7,500,000
305 IN Widening road (along Gordon Road, Sixth $10,000,000
Street, and West Shafer Drive) to 3-lane
street, with sidewalk and improvements to
existing bridge -White County/Monticello,
Indiana...................................
306 OH Widening Pleasant Valley Bagley Road (Rte $1,000,000
27), Parma and Middleburg Heights.........
307 MA Rehabilitation of I-95 Whittier Bridge-- $2,000,000
Amesbury and Newburyport..................
308 CA Streetscape improvements at East 14th St- $750,000
Mission Blvd in Alameda County............
309 NY Construct W. 79th St Rotunda, New York City $2,000,000
310 TX Acquire Kelly Parkway Corridor Right-of-way $2,000,000
through San Antonio.......................
311 NC Construct new route from US 17 to US 421 in $1,000,000
Brunswick and New Hanover Counties........
312 PA Construct safety and capacity improvements $250,000
to Route 309 and Old Packhouse Road.......
313 OR Delta Ponds Bike/Pedestrian Path........... $2,880,000
314 FL Hollywood US Route 1 Young Circle Safety $2,300,000
Improvement...............................
315 MI Houghton County, Gravel and paving of $430,000
remaining 3.2 miles in 5.5 mile stretch of
Jacobsville Rd............................
316 PA Improve access to Airport Connector from PA $500,000
283 to the terminus of the Airport
Connector at State Route 230 and adjacent
access roads..............................
317 CA Construct one additional all purpose lane $1,210,000
in each direction on I 405 and provide
additional capital improvements from SR 73
through the LA County line................
318 IL Improve Roads and Bridges, Cook County..... $4,000,000
319 CA Improve traffic safety, including $1,400,000
streetlights, from Queen to Barclay to Los
Angeles River to Riverside in Elysian
Valley, Los Angeles.......................
320 MI Construction and improvements to Western $2,300,000
Avenue and associated streets betweeen
Third Street and Terrace Street in
Muskegon..................................
321 IL Construct Reed Station Parkway Extension to $2,000,000
IL Rt 3, Carbondale.......................
322 AL Construction of Patton Island Bridge $10,000,000
Corridor..................................
323 MI Highland, Clyde Road from Hickory Ridge to $125,000
Strathcona................................
324 MI Alger County, Repaving a portion of H-58 $1,600,900
between Sullivan Creek towards Little
Beaver Road...............................
325 TX Improvements to US 183 in Gonzales County.. $500,000
326 CA Construct a raised landscaped median on $400,000
Alondra Blvd between Clark Ave and
Woodruff Ave in Bellflower................
327 MN Right of way acquisition for TH23 $2,500,000
Paynesville Bypass........................
328 FL Construct interchange improvements at I-75 $500,000
and University Parkway....................
329 CO For construction and architectural $4,000,000
improvements of Wadsworth Bypass (SH121)
Burlington Northern Railroad and Grandview
Grade Separation..........................
330 KS Construction of 4-lane improvement on K-18 $2,000,000
in Riley County, Kansas...................
331 NJ Replace Rockaway Road Bridge, Randolph $1,000,000
Tonwhsip, New Jersey......................
332 FL Construction of paved road over existing $3,000,000
unpaved roadway on SE 144th Ave from SR
100 to US 301, distance of 1.2 miles......
333 FL Construct I-4 Frontage Rd, Volusia County, $2,000,000
Florida...................................
334 MD Construction of Fringe and Corridor Parking $4,000,000
Facility at intersection of Clinton Street
and Keith Avenue in Baltimore.............
335 OH Purchase of Right of Way for transportation $1,440,000
enhancement activities in Bainbridge
Township, OH..............................
336 NJ Rowan Boulevard Parking adjacent to Highway $1,000,556
322 Corridor in Glassboro Township........
337 CA Construct interchange on US 50 at Empire $1,800,000
Ranch Road in Folsom......................
338 FL Bicycle and Pedestrian Improvements in the $300,000
Town of Windermere, Florida...............
339 TN Plan and construct a bicycle and pedestrian $3,000,000
trail, Smyrna.............................
340 CA Santa Anita Avenue Corridor Improvement $3,000,000
project, Arcadia, California..............
341 AS Shoreline protection and drainage $1,000,000
mitigation for Nuuuli village roads.......
342 PA Design, engineering, ROW acquisition, & $600,000
construction of a connector road between
Pennsylvania Rt. 93 & Pennsylvania Rt. 309
in Hazle Township.........................
343 GA South Tifton Bypass from US 82/SR 520 west $500,000
to US 319/SR 35 east, Tift County.........
344 NJ Streetscape and Traffic Improvement Project $1,000,000
to Downtown West Orange...................
345 NJ Bergen County, NJ--On Route 17, address $4,500,000
congestion, safety, drainage, maintenance,
signing, access, pedestrian circulation
and transit access........................
346 CA Road widening, construct bike path, $6,500,000
lighting, and safety improvements on road
leading to Hansen Dam Recreation Area, Los
Angeles...................................
347 TX Construct additional 2 lanes to Loop 335 in $2,000,000
Amarillo from .3 miles West of Western
street to .5 miles West of Broadway.......
348 NY Reconstruct a historic bridge crossing $580,000
Maxwell Creek in the Town of Sodus, NY....
349 NJ Safety and operation improvements on Route $1,200,000
73 in Berlin, Voorhees and Evesham........
350 NJ Study and preliminary engineering designs $1,000,000
for a boulevard on State Route 440 and
U.S. Highway Route 1 & 9, Jersey City.....
351 VA Construction of Route 17--Dominion $6,000,000
Boulevard, Chesapeake, VA.................
352 LA Installation of proper lighting standards $200,000
to illuminate inbound and outbound ramps
of I 10 and portions of HWY 95............
353 IN Cyntheanne Rd. Interchange and Corridor $500,000
Improvements, Town of Fishers, Indiana....
354 ME Plan and construct North-South Aroostook $4,000,000
highways, to improve access to St. John
Valley, including Presque Isle Bypass and
other improvements........................
355 TN Plan and construct a bicycle and pedestrian $1,500,000
trail, LaVergne...........................
356 TX Build Arkansas Street Grade Separation in $1,000,000
Laredo....................................
357 CA Construct new left turn lane at State Route $700,000
19 and Telstar in El Monte................
358 NY Meadow Drive Extension--North Tonawanda, $2,000,000
New York..................................
359 CA Reconstruct I-880 & Coleman Avenue $8,000,000
Interchange & implement other I-880
Corridor operational improvements in Santa
Clara County..............................
360 OR Improve Millican, West Butte Road which $2,000,000
connects U.S. Highway 20 with U.S. Highway
126.......................................
361 VA Metropolitan Washington, D.C. Regional $2,000,000
Transportation Coordination Program.......
362 NY Brooks Landing Transportation Improvements $500,000
and Enhancement project, Rochester........
363 NJ Construct CR 538 Coles Mill Road Bridge $500,000
over Scotland Run, Gloucester County......
364 TX Convert discontinuous two-way frontage $5,000,000
roads to continuous one-way frontage roads
on IH 30 in Texarkana, TX.................
365 TX Regional bicycle routes on existing $1,000,000
highways in Austin, TX....................
366 IN Construct Interchange at I-65 and 109th $7,454,219
Avenue, Crown Point.......................
367 GA Intersection improvement at Harris Drive at $600,000
SR 42.....................................
368 IL Engineering and construction of the East $100,000
Branch DuPage River Greenway Trail in
central DuPage County, IL.................
369 NY Rehabilitate a historic transporation- $600,000
related warehouse on the Erie Canal in the
Town of Lyons, NY.........................
370 NY Relocating Miller Highway W 59th-72 St. $2,500,000
Manhattan under future expansion of
Riverside Park; demolishing existing
elevated road over park...................
371 MI Allen Road under the CN Railroad Grade $4,450,000
Separation, Woodhaven.....................
372 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Larksville Borough, Luzerne County.....
373 AR Northeast Arkansas Connector (relocation of $3,000,000
Highway 226)..............................
374 NJ Reconstruct Route 168 from Route 41 to 6th $658,000
Avenue in Runnemede.......................
375 NY Renovation of Metropolitian Avenue center $1,700,000
islands...................................
376 PA Rt 60 Millennium Park Interchange, $800,000
construct new interchange on Rt 60 to
provide access to new Lawrence County
Industrial Park...........................
377 AR Bentonville, Arkansas--widen Arkansas $1,500,000
Highway 102 between U.S. 71B and the west
city limits...............................
378 PA Purchase of right-of-way, utilities and $3,000,000
construction for Northern Access to
Altoona from Interstate 99, Blair County,
PA........................................
379 CA Construct Class I bike and pedestrian path $400,000
from San Luis Obispo to Avila Beach.......
380 MN Reconstruct CSAH 61 from south county line $316,000
to TH 73, Moose Lake......................
381 AZ Improving Lone Pine Dam Road in Navajo $1,500,000
County....................................
382 MI Construct Road Improvements to North Henry $2,700,000
St. from Vermont Ave. to Wilder Rd. Bay
City......................................
383 TX Reconstruct I-35E Trinity River Bridge, $15,000,000
Dallas....................................
384 NY Town of Greenville rehabilitation of $125,000
Grahamtown Rd. & Burnt Corners Rd.........
385 NJ Completion of Hudson River Waterfront $1,000,000
Walkway through Stevens Institute of
Technology in Hoboken.....................
386 NC Construct US 74 Bypass, Shelby, NC......... $3,000,000
387 WA Tukwila Urban Access Improvement Project-- $1,000,000
address necessary improvements to
Southcenter Parkway in Tukwila to relieve
congestion................................
388 CA Construction of a traffic signal at the $125,000
intersection of Independence Avenue and
Sherman Way...............................
389 NH Design and construction of intersection of $1,000,000
Rte 101A and Rte 13 in Milford............
390 NJ Construct Rte 30--Pomona Road Intersection $5,000,000
Improvements, Atlantic County.............
391 CA I-10 and Indian Ave Interchange, Palm $2,750,000
Springs, CA...............................
392 NY Reconstruction of street, sidewalks and $500,000
curbs outside of Museum of Modern Art
(MOMA)....................................
393 KY Right of way for and construction of $3,200,000
Pennyrile Parkway Extension from 41A S. to
I-24......................................
394 TN Sevier County, Tennessee SR-66 widening.... $1,750,000
395 TN Plan and construct interchange $400,000
improvements, I-65 at Highland Road.......
396 IA Reconstruction of NW Madrid Dr, Polk Co.... $500,000
397 NH Relocation and Reconstruction of $1,300,000
intersection at Route 103 and North Street
in Claremont..............................
398 IL To construct a new 2-lane road extending $500,000
1650 feet north from intersection with
University Park Drive, Edwardsville.......
399 NY Town of Highlands reconstruction of bridge $225,000
on School Street..........................
400 AK Unalaska, AK Construction of AMHW ferry $7,500,000
terminal including approach, staging, and
upland improvements.......................
401 PA Design and construct interchange and $3,500,000
related improvements to I-83 Exit 4.......
402 OR U.S. 101 Improvements, Bandon.............. $3,300,000
403 MI Northwestern Highway Extension projects in $5,000,000
Oakland County............................
404 PA PA Route 61 safety improvements, Leesport $2,468,300
Borough and Ontelaunee and Muhlenburg
Townships.................................
405 OH Improve Rt 62 (Main and Town Streets) $3,000,000
Bridges over Scioto River, Columbus.......
406 AK Planning, design, and construction of a $3,000,000
bridge joining the Island of Gravina to
the Community of Ketchikan................
407 MN U.S. Trunk Highway 14 from Waseca to $12,000,000
Owatonna, Minnesota.......................
408 TX Construct Mission Trails Project Packages 4 $5,500,000
& 5 in San Antonio........................
409 MS Upgrade Roads in Carthage, Leake County.... $200,000
410 MI Construct access road at intersection of $26,000
Doerr Road and Schell Street to Develop 65-
Acre of Municipal Tract of Industrial
Land. Village of Cass City, Tuscola County
411 MS Upgrade roads in Humphreys County Districts $850,000
1 and 5 and Isola.........................
412 IN 126th Street Project, Town of Fishers, $1,250,000
Indiana...................................
413 HI Construct Puanaiko Street.................. $1,000,000
414 AZ Burro Creek section between Wikieup and the $1,000,000
Santa Maria River.........................
415 PA Conduct Environmental Impact Statement $1,000,000
study for Parkway West corridor...........
416 SC Build Railroad Avenue Extension in Berkeley $2,000,000
County, SC-SCDOT..........................
417 MD Construct a visitors center and related $4,700,000
roads serving Ft. McHenry.................
418 OH Construction of Gracemont Street Exchange $3,000,000
Interstate 77-Bethlehem Township and Pike
Township, Ohio............................
419 MI Design, Right-of-Way and Construction of $21,400,000
the I-196 Chicago Drive (Baldwin Street)
Interchange Modification, Michigan........
420 CA Folsom Blvd. Transportation Enhancements, $7,000,000
City of Rancho Cordova....................
421 TN Improve streetscape and pavement repair, $300,000
Monroe County, TN.........................
422 TX IH37 frontage roads in Mathis.............. $2,000,000
423 WV Construct New River Parkway................ $4,500,000
424 NY Construct sidewalk and improvements on $330,000
Broadway in the Town of Cortlandt.........
425 PA Erie, PA Powell Avenue Bridge Replacement, $3,000,000
Asbury Road Improvement Project...........
426 VA Liberty Street Construction in $1,000,000
Martinsville, Virginia....................
427 CA Implement streetscape project on Central $3,000,000
Avenue from 103rd Street to Watts/103rd
Street Station, Watts.....................
428 MA Realignments and reconstruction of a $3,200,000
section of Route 32 in Palmer to the Ware
town line.................................
429 CA Seismic retrofit of the Golden Gate Bridge. $10,000,000
430 CA Upgrade and extend Commerce Avenue, City of $1,750,000
Concord...................................
431 MA Somerville Roadway Improvements............ $2,000,000
432 LA Replace Almonaster Bridge, New Orleans..... $500,000
433 IN Upgrade Traffic Signals Phase III in the $640,000
City of Muncie, Indiana...................
434 FL Sharpes Ferry Bridge replacement in Marion $800,000
County....................................
435 IA US 34 Missouri River bridge relocation and $2,500,000
replacement...............................
436 NY Village of Highland Falls repaving and $150,000
sidewalk construction of Oak Avenue.......
437 MN Interchange Reconstruction at CSAH4 and $1,000,000
US169.....................................
438 IL Development and construction of an $6,000,000
interchange at Brisbin Rd and Interstate
80........................................
439 NE Design, right-of-way and construction of $15,000,000
rail-grade separations throughout Nebraska
as identified by Nebraska Dept. of Roads..
440 MO Redesign & Reconstruction of the I-270 $2,000,000
Dorsett Road Interchange Complex in the
City of Maryland Heights..................
441 SC Build Berlin Myers Extension in $8,000,000
Summerville, SC...........................
442 IN Improve 100 South, Porter County........... $1,000,000
443 NY Improve safety measures at the railroad $1,600,000
grade crossings on the West Short River
Line, Rockland County.....................
444 NJ Street Improvements and Traffic Signal $800,000
Replacement in Union City Central Business
District..................................
445 GA Streetscape project to replace sidewalks in $300,000
downtown Forsyth..........................
446 AK Westside development Williamsport-Pile Bay $5,000,000
Road......................................
447 NV Construct Interstate 15--Las Vegas Beltway $9,000,000
Interchange...............................
448 NY Palisades Trailway Phase 2--Rockland $200,000
County, New York..........................
449 PA Replace a Highway Rail Grade crossing in $500,000
Jeanette, PA at Wegleys Road..............
450 CA Conduct project design and environmental $2,500,000
analysis of Heritage Bridge on Heritage
Road linking Chula Vista to Otay Mesa.....
451 MA Assabet River National Wildlife Refuge, MA, $500,000
Design and Construction of parking areas..
452 NY Reconstruct Main Street in the Town of $90,000
Lewisboro.................................
453 MA Study and analysis of Lowell Westford St.- $600,000
Wood St. Rourke Bridge Corridor, Lowell...
454 OR Highway 20, Lincoln County................. $7,000,000
455 MN Construction of 8th Street North: Stearns $2,000,000
C.R. 120 to T.H. 15 in St. Cloud, MN......
456 IL Construction of a pedestrian sidewalk along $145,000
S. Chicago Street in Geneseo, IL..........
457 OH Construct Bike and Walking Path from West $450,000
210 St to Metroparks Fairview Park........
458 NY Improve Bronx River Greenway 180th St Park $800,000
Link to Bronx Park........................
459 MN City of East Grand Forks Construct 13th St $1,200,000
SE Extension..............................
460 NY Improvements to Clark Pl and Cherry Ln-Rt. $370,000
6 and 6N in Putnam County.................
461 NJ Construct Garden State Parkway Grade $40,000,000
Separation, Cape May County...............
462 VA High Knob Horse Trails--construction of $750,000
horse riding trails and associated
facilities in High Knob area of Jefferson
National Forest...........................
463 TN Plan and construct a bicycle and pedestrian $2,500,000
trail, Cookeville.........................
464 UT Provo, Utah Westside Connector from I-15 to $1,000,000
Provo Municipal Airport...................
465 CA I-5 Santa Clarita-Los Angeles Gateway $1,500,000
Improvement Project.......................
466 NY Project will revitalize staircases used as $1,000,000
streets due to steep grade of terrain in
areas in which they are located, the Bronx
467 TX Construct and rehabilitate pedestrian $1,000,000
walkways along the Main Street Corridor to
improve transit-related accessibility.....
468 MD Reconstruct East North Avenue (US Route 1) $3,200,000
in Baltimore..............................
469 CT Reconstructoin of Lakeville Center to $895,000
improve pedestrian and vehicle safety at
the intersection of Routes 41 and 44......
470 NY Rehabilition of Bay Ridge 86th Street $2,000,000
Subway Station, Brooklyn, NY..............
471 CA San Gabriel Blvd Rehabilitation Project-- $300,000
Mission Rd to Broadway, San Gabriel.......
472 NC To plan, design, and construct the 10th $8,000,000
Street Connector Project in Greenville, NC
473 OH To widen Western Reserve Road from SR 7 to $2,500,000
Hitchcock Road, Mahoning Co...............
474 NY Binghamton, Improve Front Street........... $5,000,000
475 FL U.S. Highway 19 Bayside Segment............ $2,000,000
476 MI Arenac County, Upgrade Maple Ridge Road $1,646,000
from Briggs Road east to M-65.............
477 NY Village of Highland Falls repaving and $225,000
sidewalk construction of Mearns Ave.......
478 NY Village of Nelsonville improvements, paving $250,000
& sidewalk installation to North Pearl St,
Crown St, Pine St, & Wood Ave.............
479 CA Widen Firestone Blvd between Ryerson Blvd $2,000,000
and Stewart and Gray Road in Downey.......
480 CA Construct Air Cargo Access Road to Oakland $900,000
International Airport.....................
481 MD Peer review study of conflicts between road $100,000
system and light rail operations in
Linthicum, MD.............................
482 GA Resurface and widen Jac-Art Road as part of $200,000
the Bleckley County Development Authority
project...................................
483 VA Construction of Virginia Blue Ridge Trail $300,000
in Amherst County, VA.....................
484 FL Implement NE 6th Street/Sistrunk Boulevard $1,000,000
Streetscape and Enhancement Project, City
of Ft. Lauderdale.........................
485 CA Widen Lakewood Blvd between Telegraph Rd $2,000,000
and Fifth St in Downey....................
486 TX Widen Motor Street thoroughfare in Dallas $2,500,000
to improve accessibility to Southwestern
Medical District..........................
487 MN Construction of Gitchi-Gami State Trail, $500,000
Lutsen Phase, CR 34 to Lockport store.....
488 PA Widen of SR 309 through the Borough of $3,000,000
Coopersburg to create left-turn lanes and
complete the Rt. 309 Corridor Improvement
Project...................................
489 CA Pasadena Ave/Monterey Rd Partial Grade $300,000
Separation--Preliminary Engineering--
Feasibility, South Pasadena...............
490 OH Intermodal Bikeway, Independence........... $500,000
491 MO Widen shoulder and resurface US 136 and $2,000,000
replace 2 deficient bridges between Rock
Port and Bethany, Missouri................
492 FL S.R.43 (U.S.301) Improvement Project-- $3,000,000
Ellentown to Parrish, Florida.............
493 GA Bike and pedestrian paths and other $800,000
transportation enhancements at Georgia
Veterans Memorial Park....................
494 AK Citywide pavement rehabilitation in City of $1,000,000
North Pole................................
495 GA Replace and upgrade sidewalks, Glenwood.... $50,000
496 NY Bruckner blvd along Bronx River Ave, Story $1,600,000
Ave to Soundview Park Greenway............
497 GA Widen SR 133 from Spence Field to SR 35 in $2,000,000
Colquitt County, Georgia..................
498 CA Mariposa County, CA Improve 16 roads, $2,500,000
bridge and one bike path..................
499 LA Upgrade highway-rail crossings at Madison $200,000
Street, City of Gretna....................
500 PA Two-lane Extension of Bristol Road, Bucks $1,000,000
County....................................
501 TN Widen SR30 From Athens to Etowah, Tennessee $5,758,000
502 MI Iosco County, Reconstruct Bissonette Road $322,500
from Lorenz Road to Chambers Road.........
503 TX Development of one-story 300-vehicle $1,200,000
parking facility..........................
504 WA Design and construct improved I-182 $2,000,000
interchange ramps at Broadmoor Blvd. in
Pasco, WA.................................
505 NY Erie Canalway National Heritage Corridor in $3,250,000
Lockport, NY- Transportation Enhancements.
506 MI M-6 Paul Henry Freeway trail design and $2,780,000
construction..............................
507 CT Reconstruction and conversion of Union $1,705,000
Station in North Canaan to establish a
transportation museum.....................
508 OR Construct passing lanes on U.S. 199, $1,107,000
Josephine County..........................
509 CA Scenic preservation and run-off mitigation $1,500,000
in the Santa Monica Mountains National
Recreation Area near PCH and US101........
510 IL South Shore Drive and 67th Underpass....... $1,300,000
511 CA Mission Boulevard / State Route 71 $4,200,000
Interchange--Corridor Improvements........
512 OR For purchase of right of way, planning, $11,000,000
design and construction of a highway,
Newberg...................................
513 VA Smith River Trail--construction of trail $500,000
along Smith River in Henry County.........
514 IL Resurface Clifton Park Ave. and S. Louis $400,000
Ave., Village of Evergreen................
515 NJ University Heights Connector for $637,000
improvements to First Street in Newark
from Sussex Street to West Market Street..
516 GA Broad Avenue Bridge: Albany................ $500,000
517 CA Caelsbad, CA Construction of Poinsettia $2,000,000
Lane......................................
518 CA Construct pedestrian enhancements on $2,500,000
Broadway in Los Angeles...................
519 NJ Construct Rt 56 Maurice River Bridge $2,000,000
Replacement, Salem & Cumberland Counties..
520 WA Conduct route analysis for community $50,000
pathway through Chehalis..................
521 WA Construct a multi-jurisdictional non- $2,000,000
motorized transportation project parallel
to SR99 called the Interurban Trail.......
522 FL Construct Downtown Bypass Roadway $500,000
Connector, Lake Mary, Florida.............
523 NY To study, design and construct $5,800,000
transportation enhancements on the
Brooklyn Waterfront Greenway in Red Hook,
Greenpoint, and the Navy Yard in Brooklyn.
524 NY Update all county and town traffic signage $75,000
in Wayne County, NY.......................
525 CA Construct Route 101 Auxiliary Lanes 3rd Ave $5,000,000
in the City of San Mateo to Millbrae Ave
in Millbrae...............................
526 CA Undertake Cordelia Hill Sky Valley $3,000,000
transportation enhancement project,
including upgrade of pedestrian and
bicycle corridors, Solano County..........
527 MS Construct I-20 Interchange at Hawkins $2,000,000
Crossing, Lauderdale County...............
528 TN Sevier, Jefferson, Cocke Counties, $1,750,000
Tennessee SR-35&US411 widening............
529 GA Upgrade Safety of Bicycle and Pedestrian $3,000,000
Access to Public Schools, Dekalb County...
530 OH Construction of Safety and related $120,000
improvements on Rutlege Transfer Road in
Vernon Township, OH.......................
531 WI Reconstruct USH 45 in Antigo............... $2,020,000
532 WA SR 2/Main Street/Old Owen Road Intersection $480,000
in Monroe.................................
533 GA Install landscaping and upgrade lighting on $350,000
Fall Line Freeway, Reynolds...............
534 WA Congestion relief on I-405 with added lanes $1,000,000
from SR520-SR522 including 2 lanes each
way from NE 85th-NE 124th.................
535 NY Conduct NYS 5 construction study........... $80,000
536 PA Widen lanes, add left turn lanes and update $1,500,000
& install traffic signals at SR309, SR
4010 interchange in North Whitehall
Township..................................
537 KY Reconstruct I-64-KY 180 Interchange, Boyd $2,000,000
County, Kentucky..........................
538 TX Widen US 271 from a 2-lane facility to a 4- $1,500,000
lane divided facility from Paris, TX to
Pattonville, TX...........................
539 TN Carter County, Tennessee SR-362 $500,000
reconstruction............................
540 OH Construct Ohio River Trail, Anderson $150,000
Township..................................
541 MI Delta County, CR 515 from US 2 and US 41 in $320,000
Rapid River to County Road 446 at Days
River Road-Bituminous overlay and joint
repair....................................
542 FL Fund design phase for widening US 41 north $1,000,000
of Dunnellon to four lanes................
543 TN Construction of Elizabethton Connector in $500,000
Carter County, Tennessee..................
544 NJ Newark Waterfront Pedestrian and Bicycle $1,500,000
Access project............................
545 ME Plan and construct Lewiston/Auburn Downtown $5,800,000
Connector.................................
546 OH Conduct Miami St along SR Route 53 safety $1,000,000
enhancement project to improve access to
railroad crossing.........................
547 AK Planning, design, and construction of $15,000,000
Juneau access roads in Juneau, Alaska.....
548 TN Construction of an intersection/interchange $2,400,000
in the City of Cleveland along I-75.......
549 FL Construct Flagler Avenue Improvements, City $1,000,000
of Key West, Florida......................
550 CA Rehabilitate street surface of Cedros $43,000
Avenue between Burbank Blvd. and Magnolia
Blvd......................................
551 VA Engineering and Right of Way to widen Route $1,000,000
221 in Forest, Virginia...................
552 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 200.................
553 TX SH146 grade separation over Red Bluff Rd... $17,000,000
554 TN construction of park access road and $300,000
adjacent trails at the Athens Regional
Park in Athens, TN........................
555 IL State Street Road Improvements from 43rd $2,945,000
Street to IL Rt 157, East St. Louis.......
556 GA Streetscape-Dawson......................... $200,000
557 SC Build Carolina Bays Parkway Segment from $3,000,000
SC544 to US 17 in Myrtle Beach, SC........
558 GA US 341 US 41 SR 7 from Barnesville to SR 3, $4,000,000
Georgia...................................
559 OH Reconstruct and widen State Route 82 in $1,000,000
North Royalton............................
560 FL Acquisition, engineering, and construction $1,500,000
of West Avenue Connector Bridge, City of
Miami Beach, FL...........................
561 ME Safety Enhancements on Routes 11, 6, and 16 $400,000
for Piscataquis County Industrial
Development...............................
562 IL Study, design, and construction of a $1,132,000
designated truck route through the City of
Monticello................................
563 CA Improvement of intersection at Aviation $2,000,000
Blvd. and Rosecrans Ave. to reduce
congestion................................
564 WI Preliminary engineering for upgrading I94 $9,000,000
between Illinois State Line and Mitchell
Interchange in SE Wisconsin...............
565 MI Cogshall Road Crossing Improvement and Life $1,200,000
Safety Access Project in Holly, MI........
566 MI Ontonagon County, Improve Fed Forest Hwy 16 $500,000
from M-38 to Houghton County Line.........
567 UT Forest Street Improvements, Brigham City, $2,000,000
UT........................................
568 NC I40 Union Cross Road Interchange in Forsyth $1,000,000
County, NC................................
569 NJ Construct Sea Isle Boulevard Reconstruction $2,000,000
from Garden State Parkway to Ludlams
Thoroughfare, Cape May County.............
570 CA I-5 HOV Improvements from Route 134 to $500,000
Route 170.................................
571 NY Reconfiguration of intersection and $475,000
redesign of traffic signal timing at
Mohegan Ave and Lakeland St...............
572 CA Shoal Creek Pedestrian Bridge (San Diego).. $1,000,000
573 GA Streetscape-Cordele........................ $250,000
574 CA Construct I-605 Interchange Capacity $2,000,000
Improvements in Irwindale.................
575 SC Construction of interchange at I-385 and SC $2,200,000
14, Exit 19, in Laurens County, South
Carolina..................................
576 NE Design, right-of-way and construction of $4,000,000
Nebraska Highway 35 between Norfolk and
South Sioux City..........................
577 MO Complete impact study for North Oak Highway $500,000
corridor redevelopment....................
578 MA Design and construct the 1.5 mile East $1,500,000
Longmeadow Redstone rail Trail bike path..
579 NY Improve bicycle and pedestrian safety on $100,000
Main Street, Holbrook.....................
580 CA Tuolumne, Stanislaus and Merced Counties $2,500,000
Upgrade existing county highway, J59......
581 FL U.S. 19 Continuous right turn lanes in $7,000,000
Pasco County..............................
582 NJ Union Boulevard Revitalization and $500,000
Streetscape Enhancements, Totowa..........
583 IL Improve roads, The Village of Westchester.. $1,000,000
584 IN Reconstruct 45th Avenue from Colfax Street $2,700,000
to Grant Street, Lake County..............
585 IN Construct Grade Separation Underpass on $1,000,000
Main Street in Mishawaka, Indiana.........
586 UT Construct two-lane divided highway from the $4,000,000
Atkinville Interchange to the new
replacement airport access road in St.
George....................................
587 CA Diamond Bar On-Off Ramp at Lemon Ave on SR- $12,000,000
60........................................
588 NY Harlem Hospital Parking Garage............. $10,000,000
589 MA Downtown revitalization for Pleasant $1,900,000
Street, Malden............................
590 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of Prospect Park Yeshiva..
591 NY Emergency vehicle preemption system at $500,000
traffic signals, Smithtown................
592 CA Reconstruct interchange for south-bound $3,000,000
traffic entering I-80 from Central Avenue,
City of Richmond..........................
593 KY Reconstruct KY 393, Oldham County, Kentucky $2,000,000
594 CA Reduce Orange County Congestion Program.... $250,000
595 CA Street Closure at Chevy Chase Drive, $800,000
Glendale..................................
596 PA Allegheny City Urban Runoff Mitigation- $1,000,000
eliminate urban highway runoff and the
discharge of culverted streams into
municipal combined sewers.................
597 SC Construct Briggs-Pearson-DeLaine Connector. $25,000,000
598 NM Construct an interchange on I-25 to provide $4,000,000
access to Mesa del Sol in Albuquerque.....
599 OR Short Haul Intermodal Pilot Project, Eugene $2,500,000
600 VA Rivermont Ave. (Lynchburg) Bridge $1,700,000
improvements..............................
601 MA Construct new interchange on I-95 between $500,000
existing Route 1A ramp to the north and
Route 123 ramp to the south, Attleboro....
602 OH Construct Waverly, Ohio South Connector $3,200,000
from US 23 to SR 104 to SR 220............
603 VA Craig County Trail--improvements to trail $150,000
in Craig County...........................
604 CO US 160, State Highway 3 to East of the $6,000,000
Florida River.............................
605 AS Village road improvements for Ta'u, Ofu, $1,400,000
and Olosega-Sili counties in Manu'a
district..................................
606 PR Construction of 4 lane connector serving PR $1,950,000
9922, PR 9939 and PR 183..................
607 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking, garage & roadway
redesign in Duryea Borough, Luzerne County
608 OK SH-33, Widen SH-33 from the Cimarron River $8,000,000
East to US-177 Payne County, OK...........
609 TX Washington Boulevard Improvements in $2,600,000
Beaumont, Texas...........................
610 FL Widen Midway Road from South 25th Street to $2,000,000
U.S. 1 in St. Lucie County................
611 NY Enhance road and transportation facilities $5,000,000
in the vicinity of W. 65th St and
Broadway, New York City...................
612 LA Construct Kansas-Garrett Connector and I-20 $5,000,000
Interchange Improvements..................
613 PA Construct the SR 1058 Connector between PA $1,600,000
309 and the Pennsylvania Turnpike
Northeast Extension in Montgomery County..
614 OK Reconstruct the Interstate 44 193rd street $3,000,000
interchange...............................
615 NY Roadway improvements to Woodbury Rd at $2,000,000
intersection with Syosset-Woodbury Rd.....
616 RI Construct a handicapped accessible trail $200,000
and platform at Kettle Pond Visitor Center
Administrative Facility...................
617 NJ Construct Great Swamp National Wildlife $250,000
Refuge Road...............................
618 CA Grade Separation at 32nd Street between I- $1,000,000
15 and Harbor Drive, San Diego............
619 IN Widen Old Meridian Street from 2 to 4 $1,000,000
lanes, City of Carmel, Indiana............
620 WI Construct a bicycle/pedestrian path, City $2,200,000
of Portage................................
621 VA Widen Route 17 in Stafford................. $4,000,000
622 VA Widen Route 820 in Bergton, Virginia....... $1,200,000
623 IL Construction of 2 North/South Blvds. and 2 $7,500,000
East/West Blvds. in the vicinity of
Northern Illinois University..............
624 CA Begin construction of road from US-395 west $1,000,000
towards SR-14.............................
625 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Old Forge Borough, Lackawanna County...
626 PA Improvements to Amtrak Keystone Corridor $500,000
grade crossings at Irishtown Rd., New
Comer Rd., and a new bridge at Ebychiques
Rd........................................
627 TN Acquire and construct trail and bikeway $1,600,000
along S. Chickamauga Creek in Chattanooga,
TN........................................
628 TX Interchange improvements IH-30 Arlington at $2,000,000
FM 157 (Collins Street) and Center Street.
629 MO Highway 350 Access Management Study from $1,000,000
I435 to I470..............................
630 TX Mile 6 W from US83 to SH 107, Hidalgo $1,000,000
County....................................
631 NJ Pedestrian facilities and street lighting $433,000
on Haddon Avenue from Albertson Avenue to
Glenwood Avenue, Haddon Township..........
632 NY Rehabilitate highway bridges--Ithaca $2,500,000
secondary line............................
633 WA Buckley, WA; New Road alignments on 112th $2,000,000
Street Corridor...........................
634 ID Construct Washington Street North from $4,500,000
Addison Avenue to Pole Line Road..........
635 SC Construction of the US-15/SC-341 connector $4,500,000
parallel to I-20, Lee County..............
636 PA Construct Recreational Trail from Oil City $1,000,000
to Rynd Farm (Venango County).............
637 TX FM 1637 from FM 3051 to FM 185, Waco....... $2,000,000
638 VA Green Cove Station--improvements to $100,000
existing Forest Service facility located
at trailhead of Virginia Creeper Trail....
639 NJ South Essex Street Bridge Pedestrian Access $578,000
Improvements, Orange......................
640 TX FM 3391 (East Renfro St.) from I-35W to CR $1,500,000
602, Burleson.............................
641 WI Replace Wisconsin Street Bridge (STH 44) in $10,000,000
Oshkosh, Wisconsin........................
642 CT Construct Route 11 Extension and Greenway $16,000,000
from Salem to Waterford...................
643 TX Drainage Study and Engineering for US 83 in $1,000,000
Starr County..............................
644 TN widen SR-62 in Knox County, TN............. $6,500,000
645 GA Widen US 17 SR 25 from Yacht Drive to Harry $2,000,000
Driggers Boulevard, Glynn County, Georgia.
646 KY Widen US 25 from US 421 North to KY 876, $1,000,000
Madison County............................
647 GA Widen US 280/SR 30 from east of Flint River $1,000,000
to SR 300 Connector west of Cordele.......
648 MS Upgrade roads in Gunnison, Mound Bayou, $2,000,000
Beulah, Benoit, and Shaw, Bolivar County..
649 NY Construct and enhance Fillmore Avenue and $1,500,000
traffic down-grade and infrastructure
improvements to Humboldt Parkway, Buffalo.
650 NJ Construct Route 46 & Main Street $2,000,000
intersection in Lodi......................
651 MN Phase III construction of Trunk Highway 610- $5,000,000
10 Minnesota..............................
652 NM NM 128 JCT NM 31 East to Texas State Line.. $3,000,000
653 NJ Replacement of Prospect Avenue Culvert, $400,000
City of Summit, County of Union...........
654 FL US 441 Traffic Improvements--Road surface, $900,000
road access, curb, gutter, and right of
way, Miami Gardens........................
655 MN Environmental studies and right of way $5,000,000
acquisition for Trunk Highway 55 Corridor
Protection Project........................
656 NY Roadway improvements on Woodbine Avenue $800,000
between 5th Avenue and Beach Avenue.......
657 NY Saugerties, Improve downtown streets....... $1,200,000
658 IN Widen US 31 Hamilton County, Indiana....... $1,000,000
659 GA Build a bridge across Big Indian Creek, $1,500,000
Perry.....................................
660 MI Carpenter Road Reconstruction--700 feet $2,000,000
South of Textile Road to I-94, Washtenaw
County....................................
661 IN Resurface and widen Shelby County Indiana $500,000
400 North Phases IV and V.................
662 SC Widen West Georgia Road from Neely Ferry $2,000,000
Road to Fork Shoals Road..................
663 TX Construct Phase II of City of Killeen SH- $4,000,000
201.......................................
664 MN Interchange improvements at I-94 and CSAH $1,000,000
19 and at CSAH 37 in the city of
Albertville, MN...........................
665 KY Construction of bypass between KY 55 and US $1,000,000
68 at Lebanon in Marion County............
666 NY Peruville Road. Creating overpass to $2,000,000
address intersection safety issue.........
667 OR Add a southbound lane to section of I-5 $5,000,000
through Portland, OR between Delta Park
and Lombard...............................
668 MN 10th Street Bridge Expansion in St. Cloud, $1,000,000
MN........................................
669 NJ Intermodal Access Improvements to the $2,000,000
Peninsula at Bayonne Harbor...............
670 TX Nolana Loop from FM 1426 to FM 88, Hidalgo $2,000,000
County....................................
671 OH Perry Park Road Improvements and Pedestrian $67,000
Trail Expansion at Call Road in the
Village of Perry, OH......................
672 NV Implement Regional Transportation of $3,000,000
Southern Nevada FAST system...............
673 NY Bronx River Greenway 233rd Street $1,000,000
Connection................................
674 PA Construction of turn lanes, increase curve $435,000
radius at the intersection of SR 3041 and
Industrial Park Road, Somerset, Pa........
675 FL Planning and design for development of $500,000
future highway connections to the
Southwest Florida International Airport...
676 WI Reconstruct and rebuild St. Croix River $7,000,000
Crossing, connecting Wisconsin State
Highway 64 in Houlton, Wisconsin to
Minnesota State Highway 36 in Stillwater
Minnesota.................................
677 TN Conduct study for SR45 to SR386 Connector.. $500,000
678 IN Reconstruct and widen Shelby County Indiana $1,000,000
500 East from 1200 N to US 52.............
679 MO Removal and Replacement of the Grand Avenue $3,500,000
Bridge in the City of St. Louis...........
680 TX Conduct reconstruction and managed lanes $5,000,000
project on Airport Freeway (SH 183-SH 121)
from IH 820 to the Dallas County Line.....
681 FL Reconstruction of Hanford Boulevard, North $2,750,000
Miami Beach...............................
682 MA Commonwealth Ave/Kenmore Sq. Roadway & $5,000,000
Pedestrian Improvements...................
683 NY Pedestrian walkway and bikeway improvements $3,200,000
along the NYC Greenway System in Coney
Island....................................
684 PA Restore Route 222 in Maxatawny and Richmond $2,500,000
Townships, Berks County, PA...............
685 OH Study and design of modifications to I-75 $1,500,000
interchanges at M.L. King-Hopple, I-74,
and Mitchell in Cincinnati................
686 VA Widen Route 10 to six lanes from Route 1 to $1,000,000
Meadowville Road, Chesterfield............
687 GA Rebuild sidewalks, install sidewalks, and $250,000
add speed monitoring system, Alamo........
688 CA Widen Wilmington Ave from 223rd street $3,000,000
including ramp modifications, Carson......
689 WI Construct STH 32 (Claude Allouez) bridge in $500,000
DePere, Wisconsin (Brown County,
Wisconsin)................................
690 NY Construction of drainage improvements and $430,000
aesthetic enhancements to Oak Beach Road
in the Town of Babylon, NY................
691 WI Construct an alternative connection to $4,000,000
divert local traffic from I-90, a major
highway, and allow movement through the
Gateway commercial development project....
692 WA East Marine View Drive Widening in Everett. $3,500,000
693 OH Construction of safety improvements at $300,000
intersection of US 422 and SR 700 in
Geauga County, OH.........................
694 WV Upgrade Route 10, Logan Co................. $5,000,000
695 TX Conduct Preliminary Engineering for Funnel $4,000,000
Project on SH 114 from BS 114L to Dallas
County Line and on SH 121 from SH 360 to
Dallas Co Line............................
696 NC Install ITS on US70 Clayton Bypass......... $1,000,000
697 PA Brighton Road Extension--add new street to $1,000,000
N Shore roadway network to facilitate
access to amphitheater....................
698 NJ Broad Street Streetscape Project in $700,000
Elizabeth to provide physical improvements
and to enhance transportation flow and
efficiency................................
699 FL Construction of 4 lane highway around $3,000,000
Jacksonville connecting US1 to Route 9A...
700 WA 510-507 Loop--Conduct engineering, design, $2,500,000
and ROW acquisition for alternative route
to two existing highways that bisect Yelm,
WA........................................
701 CA Develop and implement traffic calming $1,000,000
measures for traffic exiting the I-710
into Long Beach...........................
702 CA San Diego, CA Construction of the I-5 and $4,000,000
SR-56 Connectors..........................
703 IL Upgrade Ridge Avenue, Evanston............. $3,000,000
704 SC Widening and Improvements for Highway 901, $2,000,000
York County...............................
705 IA Widening and Reconstruction, I-235, Des $6,500,000
Moines....................................
706 CA Bay Road improvements between University $6,000,000
Avenue to Fordham, and from Clarke Avenue
to Cooley Landing. Northern access
improvements between University and
Illinois Avenues, East Palo Alto..........
707 NC Project to widen US 501 from NC 49 in $4,000,000
Roxboro to the VA state line with part on
new location..............................
708 NY Congestion reduction, traffic flow $640,000
improvement and intermodal transfer study
at Roosevelt Avenue/74th Street in Queens.
709 CA Construct bicycle and pedestian bridge $750,000
between Oyster Bay Regional Park in San
Leandro and Metropolitan Golf Course in
Oakland...................................
710 TX For construction of Seg 5 and 6 of SH 130 $5,000,000
from 183 to Seguin, TX....................
711 NJ Construct the Airport Circle Elimination at $1,000,000
Tilton and Delilah Roads, Atlantic County.
712 KY Construct North Somerset Bypass in Pulaski $7,000,000
County from Nunn Parkway to KY 80.........
713 NV Construct US Highway 95--Las Vegas Beltway $8,000,000
Interchange...............................
714 NY Repair and repave the north side of the $150,000
Mineola train station.....................
715 IL Repair of CH 29 and reconstruction of CH 8 $1,000,000
at interchanges with Interstate 55 at
Towanda and Lexington Illinois............
716 CA Conduct a Project Study Report for new $500,000
Highway 99 interchange between SR 165 and
Bradbury Road, serving Turlock/Hilmar
region....................................
717 PA Construction of US-22 to I-79 Section of $1,000,000
Southern Beltway, Pittsburgh, Pennsylvania
718 MN Construction of new highway between the $3,000,000
bridge over Partridge River on CR 565 in
Hoyt Lakes to the intersection of CSAH 21
and 70, Babbitt...........................
719 CA State Route 1 improvements between Soquel $3,670,000
and Morrissey Blvd including merge lanes
and the La Fonda overpass, Santa Cruz.....
720 WA The West Corridor Coalition in Washington $500,000
state.....................................
721 WA North Sound Connecting Communities $1,000,000
Transportation Project Planning...........
722 FL West Relief Bridge Rehabilitation, Bay $1,500,000
Harbor Islands............................
723 NE Western Douglas County Trails Project, $5,500,000
Nebraska..................................
724 TN Bristol, Tennessee highway-RR grade $100,000
Crossing improvement--Hazelwood Street....
725 GA Extend East Greene Street, install street $400,000
lights, utilities, and landscaping,
Milledgeville.............................
726 CA Grade Separation at Vanowen and Cliveborne, $1,000,000
Burbank...................................
727 MA Improve traffic signal operations, pavement $1,500,000
markings & regulatory signage, Milton-
Boston City Line..........................
728 NY Port Jervis, NY downtown pedestrian mall $650,000
and promenade.............................
729 MN Construct Soo Line Trail from north of $495,000
Bowlus to the east side of Mississippi
River.....................................
730 WI Construct traffic mitigation signals, $400,000
signs, and other upgrades for Howard Ave,
St. Francis...............................
731 NH Reconstruction of NH 11 and NH 28 $700,000
Intersection in Alton.....................
732 CA Riverside Drive Improvements, Los Angeles.. $400,000
733 CA Upgrade CA SR 4 East from the vicinity of $15,000,000
Loveridge Road to G Street, Contra Costa
County....................................
734 TX Widen SH 24 from a 2-lane facility to 4- $1,500,000
lane divided facility from SH 19 to
Cooper, TX................................
735 PA Rail crossing signalization upgrade, Willow $325,400
Street, Fleetwood, Berks..................
736 IL 25th Avenue Grade Separation, Melrose Park. $500,000
737 SC Construct Hub City Connector Passage (12.5 $1,000,000
miles of bicycle-pedestrian improvements,
176-SC 56), part of state-wide Palmetto
Trail Project.............................
738 FL Construct US 1/SR 100 Connector, Bunnell, $2,500,000
Florida...................................
739 MN Construction of Gitchi-Gami State Trail $700,000
from Gooseberry Falls State Park Trail
Head parking lot to 2.3 miles east........
740 CA Design and environmental analysis for State $1,000,000
Route 11 connecting State Route 905 to the
new East Otay Mesa Port of Entry, San
Diego.....................................
741 NY Improve North Fork Trail, Southold......... $200,000
742 HI Interstate Route H1 Deck Repair, Airport $4,770,000
Viaduct...................................
743 OH Replace Grade Separation at Eastland and $750,000
Sheldon Road, Berea.......................
744 WA Widen I-5 through Lewis County............. $3,500,000
745 SC Engineering design and construction of I-73 $10,000,000
from the North Carolina State Line to I-95
746 OH Planning and construction of a bicycle $2,500,000
trail adjacent to the I-90 and SR 615
Interchange in Lake County, OH............
747 SC Widening of Boiling Springs 9 from Rainbow $5,000,000
Lake Rd. to SC 292........................
748 IL Construct Streetscape Project, Orland Hills $400,000
749 IL Widening of Lake Cook Road ITS in $500,000
Deerfield, IL.............................
750 OR Widening of Oregon Hwy 217 between Tualatin $10,000,000
Valley Hwy and the US 26 interchange,
Beaverton.................................
751 PR Widening of PR 111 at the intersections of $6,000,000
PR-444 through PR-423.....................
752 MI Widen M-72 from US-31 easterly 7.2 miles to $2,500,000
Old M-72..................................
753 PA Widening of Rt.22 and SR.26 in Huntingdon. $3,375,000
Upgrades to the interchange at US RT 22
and SR26..................................
754 MN Widening of US Highway 61 at Frontenac $800,000
Station, MN...............................
755 KS Construction and reconstruction of four $4,000,000
interchanges on I-435, I-35 and US-69 in
Johnson Co................................
756 MA Melnea Cass Blvd Reconstruction............ $2,000,000
757 NH Improve Meredith Village Traffic Rotary.... $1,000,000
758 FL Implement Blue Heron Boulevard Streetscape $2,500,000
Improvements, City of Riviera Beach.......
759 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 114.................
760 WI Reconstruct STH 181 between Florist Ave and $4,500,000
North Milwaukee County Line...............
761 LA Replace the Prospect Street Bridge (LA $3,000,000
3087), Houma..............................
762 GA Streetscape improvements along LaVista Road $200,000
in the Northlake business district of
DeKalb County, Georgia....................
763 MD Study Greater Towson Area traffic flow and $200,000
future needs..............................
764 FL Construct US 1 Improvements, Cities of $400,000
Holly Hill and Ormond Beach, Florida......
765 OH Transportation Enhancements to the downtown $700,000
area of the Village of Chagrin Falls, OH..
766 MA Pedestrian Walkway for the Town of Norwood. $780,000
767 NJ Restoration of Route 35 in Ocean County, $1,500,000
New Jersey................................
768 PA Extension of Third Street from Interstate $4,800,000
83 to Chestnut Street, Harrisburg.........
769 TX Carlton road grade separation, Laredo, TX.. $5,000,000
770 OH Construct connector roadway between SR13 13 $250,000
and Horns Hill Road in north Newark.......
771 TN Construct new lighting on Veterans Memorial $250,000
Bridge, Loudon County, Tennessee..........
772 NY Roadway improvements on CR3 between Ruland $2,220,000
Rd and I-495..............................
773 TN Construct State Route 385 (North and East) $3,150,000
around the city of Memphis................
774 NY Waterloo, NY by-pass project............... $7,000,000
775 IN Extend Everbrook Drive from SR 332 to $640,000
Bethel Avenue in the City of Muncie,
Indiana...................................
776 TN Construct Proposed SR397 extension from $2,225,000
SR96 West to US 431 North to Franklin
WIlliamson County.........................
777 AK Construct linking road from airport to port $1,500,000
in Akutan.................................
778 PA Uniontown to Brownsville section of $5,000,000
Pennsylvania Mon/Fayette Expressway.......
779 NY Ashburton Avenue Reconstruction, Yonkers, $1,000,000
New York..................................
780 OR Highway 22, Polk County.................... $1,000,000
781 FL I-75 Widening and Improvements in Collier $45,000,000
and Lee County, Florida...................
782 WI Pioneer Road Rail Grade Separation (Fond du $4,000,000
Lac, Wisconsin)...........................
783 FL Design and construction of double-deck $4,000,000
roadway system exiting FLL airport
connecting Y.S. 1 and I-595...............
784 MI Wayne, Reconstruct one quarter of a mile $125,000
stretch of Laurenwood.....................
785 GA Construct the West Cleveland Bypass from US $2,900,000
129SR 11 near Hope Road extending west of
Cleveland, on new and existing locations
to SR75...................................
786 IL Eliminate Highway-Railway crossing over US $2,000,000
14 and realignment of US 14, Des Plaines..
787 OR Highway 22-Cascade Highway interchange $500,000
improvements, Marion County...............
788 VA Widen Route 29 between Eaton Place and $3,000,000
Route 123 in Fairfax City, VA.............
789 WI Reroute State Hwy 11 near Burlington, WI $2,000,000
(Kenosha County, WI)......................
790 IL East Peoria, Illinois Technology Blvd. $1,000,000
upgrades..................................
791 DC Metro Branch Trail Construction............ $2,000,000
792 MA Study and design I-93 / Mystic Ave. $500,000
Interchange at Assembly Sq................
793 NM Widening of US 491 from Navajo 9 to $2,000,000
Colorado state border.....................
794 FL Construct access road to link Jacksonville $5,000,000
International Airport to I-95.............
795 FL Widening of SR 60 from 66th Avenue to I-95 $1,000,000
in Indian River County, FL................
796 GA Widening of SR 133: Colquitt Co./Daughtery $1,000,000
Co........................................
797 PA Rail Bridge Removal and intersection $1,300,000
improvements, Cameron and Paxton Streets,
Harrisburg................................
798 PA Widening of SR 1001 Section 601 in Clinton $1,000,000
County....................................
799 PA Widening of Route 40 in Wharton Township, $2,000,000
Fayette County, Pa........................
800 NJ Widening of Route 1 and intersection $1,000,000
improvements in South Brunswick...........
801 PA Construct PA 706 Wyalusing Bypass Bradford $1,000,000
County, Pennsylvania......................
802 IL Construct four lane extension of IL RT29 $600,000
from Rochester to Taylorville.............
803 IL Widening of Old Madison Road, St. Clair $2,000,000
County....................................
804 NY Construction of Bicycle Path and Pedestrian $500,000
Trail in City of Dunkirk..................
805 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Plains Township, Luzerne County........
806 CA Replace I-880 overpass at Davis St in San $750,000
Leandro...................................
807 PA DuBois-Jefferson County Airport Access Road $1,000,000
Construction..............................
808 GA Streetscape project to improve $500,000
accessibility and safety for pedestrians,
Mount Vernon..............................
809 IL Replacement of Fullerton Avenue Bridge and $4,800,000
Pedestrian Walkway........................
810 NH Construct intersection at US 3 and Pembroke $700,000
Hill Road in Pembroke.....................
811 FL A new interchange with the Pineda Causeway $11,000,000
Extension and I-95........................
812 CT Make Improvements to Groton Bicycle and $380,000
Pedestrian Trails and Facilities..........
813 MN TH36--Stillwater Bridge; cut-and-cover $500,000
approach to river crossing................
814 NM US 54 Reconstruction, Tularosa to Santa $2,000,000
Rosa......................................
815 VA Daniel Boone Wilderness Trail Corridor-- $3,200,000
acquire site; design and construction of
interpretative center, enhancement of
trail corridor............................
816 MI Widening of M-24 from two lanes to four $1,000,000
lanes with a boulevard from I-69 to the
county line...............................
817 IN Construct US 231 in Spencer and Dubois $6,000,000
Counties in Indiana.......................
818 TN Construct overpass at Highway 321 and $6,500,000
Highway 11 Loudon County, Tennessee.......
819 SD Improve the SD Advanced Traveler $1,400,000
Information System........................
820 NV Construct I-15 Widening--US 95-I-515 $6,000,000
Interchange to Apex Road..................
821 NY Implement ITS system and apparatus to $100,000
enhance citywide truck route system on
Avenue P between Coney Island Avenue and
Ocean Avenue in the 9th District of New
York......................................
822 GA Install sidewalks, trails, lighting, and $500,000
amenities in Balls Ferry Park, Wilkinson
County....................................
823 CA Construct Inland Empire Transportation $1,500,000
Management Center in Fontana to better
regulate traffic and dispatch personnel to
incidents.................................
824 IL Reconstruct Milwaukee Avenue, including Six $17,000,000
Corners...................................
825 TX Implementation and quantification of $18,496,000
benefits of large-scale landscaping along
freeways and interchanges in the Houston
region....................................
826 PA Design, engineering, ROW acquisition & $250,000
construction of a connector road between
PA 115 & Interstate 81 in Luzerne County..
827 AL Pedestrian Improvements for Homewood, AL... $100,000
828 TN Plan and construct a bicycle and pedestrian $665,000
trail, Gallatin...........................
829 MA Conduct design, feasibility and $2,000,000
environmental impact studies of proposal
to relocate New Bedford/Fairhaven bridge..
830 IA Iowa City, IA Construction of arterial $2,500,000
extension project connecting Coralville to
west and south Iowa City..................
831 NJ Rehabilitate Route 139 in Jersey City-- $2,000,000
Portway...................................
832 NJ Route 605 extension to US-206.............. $1,000,000
833 OH Widen SR 170 Calcutta...................... $2,500,000
834 IA Widening of Hwy 44, Grimes................. $500,000
835 VA Widening of Highway 15 in Farmville, $5,000,000
Virginia..................................
836 MA Design and construct intersection $1,000,000
improvements at Memorial Park II on
Roosevelt Ave from Bay St to Page
Boulevard, Springfield....................
837 SC Widening of Frontage Road from US 72 to US $2,800,000
56, Laurens, SC...........................
838 NY Mill Road: NY Rte 261 to North Avenue in $2,500,000
the Town of Greece........................
839 NC Widening of Beckford Drive, City of $960,000
Henderson.................................
840 NY Realignment of Clove Road and Rt 208, $1,200,000
access management improvements in Orange
County....................................
841 NY City of Peeskill, NY Street Resurfacing $52,000
Program. Brown Street.....................
842 FL Fund advanced Right-of-Way Acquisition $3,700,000
along SR 52 in Pasco County, Florida......
843 MA Design, engineer, permit, and construct $1,000,000
``Border to Boston Bikeway'' rails-trails
project, from Salisbury to Danvers........
844 FL Soutel Drive Road Enhancements, $1,500,000
Jacksonville..............................
845 NJ Bicycle facilities in West Deptford $115,000
Township..................................
846 PA Create a direct connection between State $3,000,000
Road 29 and State Route 113...............
847 MA Design and construction of the north and $1,500,000
southbound ramps on Interstate 91 at Exit
19........................................
848 IA NW 70th Ave reconstruction, Johnston....... $4,500,000
849 NY Town of Minisink South Plank Road.......... $275,000
850 VA Town of St. Paul--restoration of historic $150,000
Hillman House to serve as trail system
information center and construction of
stations on trails........................
851 PA Conduct environmental review and acquire $4,000,000
right of way for preferred alternative to
improve PA 41.............................
852 FL Acquire Right-of-Way for Ludlam Trail, $750,000
Miami, Florida............................
853 NY Construct Safe Routes to Schools projects $3,000,000
in New York City..........................
854 CO Construction of US 24--Tennessee Pass, $6,000,000
Colorado..................................
855 CA Implement Riverside Avenue Railroad Bridge $500,000
improvements, south of Interstate 10 in
Rialto....................................
856 MA Longwood Ave/Urban Ring Tunnel Study....... $450,000
857 IL Traffic Signal Coordination at US 45 at IL $100,000
132 (Grand Avenue) and IL 132 at Rollins
Road and US 45 at Rollins Road............
858 IA US 63 improvement near New Hampton, Iowa... $8,700,000
859 NY Village of Unionville reconstruction of $80,000
Main Street...............................
860 TX Widening from two lanes to four of SH 36 $7,000,000
from Bellville, TX to Sealy, TX...........
861 KY Comprehensive Traffic Study for $600,000
intersection of Main Street and Berea
College Campus, Berea.....................
862 TN Improve State Route 62 in Morgan County $2,000,000
near US 27 in Wartburg to Petit Lane from
existing two lane highway to four lanes...
863 IL Construct West Corbin Overpass over $5,000,000
Illinois 255, Bethalto....................
864 OR Improvements for intersections heavily $250,000
traveled through which include Beaverton
Hillsdale Hwy Scholls Ferry and Oleson,
Beaverton.................................
865 FL Improvements to I-75 in the City of $9,750,000
Pembroke Pines, Florida...................
866 CA Planning, design, engineering and $5,000,000
construction of Naval Air Station, North
Island access tunnel on SR 75-282
corridor, San Diego.......................
867 CA Construct road from Mace Blvd in Yolo $1,000,000
County to federally supported Pacific
Flyway wildlife area......................
868 PA Construction of ramps on I-95 and US 322, $3,000,000
widening of streets and intersections.....
869 NY Construct and restore pedestrian and $1,000,000
residential roadways in downtown business
district in Rockville Centre..............
870 LA Plan, design and construct Pointe Clair $3,000,000
Expressway in Iberville Parish............
871 MA Construction of East Milton Parking Deck $1,000,000
over Interstate/Rt. 93....................
872 PA Reconstruction of I-176 in Cumru and $5,000,000
Robeson Townships, Berks County...........
873 MI Resurfacing of Masonic Boulevard in Fraser. $1,160,000
874 OH Construct Ohio River Trail from Downtown $1,400,000
Cincinnati, Ohio to Salem Road............
875 PA Realignment and reconstruction of SR60 $1,000,000
interchange with US 22-30 and reconstruct
adjacent Tonidale-Bayer intersection......
876 NY Construction and rehabilitation of East and $930,000
West John Streets in the Village of
Lindenhurst, NY...........................
877 NY Construct Northern State Parkway and Long $6,000,000
Island Expressway access at Marcus Avenue
and Lakeville Road and associated Park and
Ride......................................
878 PA Deployment of an Intelligent Transportation $2,500,000
System along I-476 Pa Tpke NE Ext/Pa-309
and I-76 Schuylkill Exwy in Montgomery
County....................................
879 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 153.................
880 TX Build 36th Street Extension in San Antonio. $2,000,000
881 CA North Atlantic Pedestrian Bridge, Monterey $600,000
Park......................................
882 CA Reconstruct Eastern Ave from Muller St to $1,000,000
Watcher St in Bell Gardens................
883 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in West Pittston, Luzerne County..........
884 CA Design Traffic Flow Improvements Azusa and $1,250,000
Amar, City of West Covina.................
885 MI Reconstruction of Nine Mile Road in $1,120,000
Eastpointe................................
886 WA Redmond, WA City-wide ITS.................. $1,000,000
887 IL Reconstruction and realignment of Baseline $2,080,000
Rd, Montgomery, IL........................
888 NY Transportation Enhancements to support $750,000
Development of Erie Canal in Niagra and
Orleans Counties..........................
889 CO US 160, East of Wolf Creek Pass............ $7,500,000
890 MA Design, engineering and construction at I- $2,500,000
93 The Junction Interchange, Andover,
Tewksbury and Wilmington..................
891 CA Rosemead Boulevard/Highway 19 Renovation $100,000
Project, Pico Rivera......................
892 PA Intersection improvements at PA Route 209 $500,000
and Water Company Road, construction of a
bridge and access enhancements to Nature
and Arts Center, Upper Paxton Township....
893 TX Improvements to FM 1979 in Caldwell County. $300,000
894 HI Interstate Route H1 guard rail and shoulder $3,800,000
improvements, Waikele Bridge to Airport
Interchange, Honolulu.....................
895 MI M-168 Reconstruction in the village of $2,200,000
Elberta...................................
896 CA Colima Road at Fullerton Road Intersection $1,000,000
Improvements..............................
897 OH Design and construct Youngstown State $2,500,000
University Roadway and Pedestrian Safety
Improvements, Youngstown..................
898 MO Reconstruct Interstate 44 and Highway 39 $5,000,000
Interchange...............................
899 WA Complete final Columbia River crossing $800,000
Environmental Impact Statement for SR-35
in Klickitat County.......................
900 KY Reconstruct US 127 at Bellows Road, Mercer $600,000
County....................................
901 NY Roadway and Pedestrian Improvements for $2,000,000
Times and Duffy Squares in New York City..
902 FL Six lane expansion of State Road 200 (A1A) $4,000,000
from Interstate 95 east to Amelia Island..
903 MI Widen and reconstruct Tienken Road in $4,000,000
Rochester Hills from Livernois to Sheldon.
904 NV Design and Construct I-580 Meadowood $2,000,000
Complex Improvements, Washoe County.......
905 NY Town of Chester reconstruction of 13 $200,000
independent town roads....................
906 NY Implement ITS system and apparatus to $100,000
enhance citywide truck route system at 9th
Street and 3rd Avenue intersection in
Kings County..............................
907 TX Construction of highway infrastructure to $1,000,000
provide flood protection for Nueces County
908 FL Widen State Road 80, Hendry County......... $3,500,000
909 NE Construction of the Columbus, Nebraska $4,500,000
North Arterial Road.......................
910 KY Extension of Newtown Pike from West Main $16,500,000
Street to South Limestone Street,
Lexington.................................
911 OH Road construction and related improvements $500,000
in the Village of Gates Mills, OH.........
912 IL Widening and Reconstruction of 55th Street $1,000,000
from Holmes Avenue to Williams Street in
Westmont and Clarendon Hills..............
913 IL Road upgrades for the Village of Oreana, IL $884,000
914 ID Widen Amity Road from Chestnut Street to $2,000,000
Robinson Road in Nampa, Idaho.............
915 TX Widening FM 60 (University Drive) from SH6 $3,000,000
to FM 158, College Station................
916 GA Widening Cedarcrest Road from Paulding $3,150,000
County line to Governors Towne............
917 CA Widening Avenue 416 in Dinuba California... $1,500,000
918 MA Design and construction of streetscape $600,000
improvements on Main and Maywood Streets,
Worcester.................................
919 TX Extend Munn Street from Demaree Ln to $1,000,000
Gellhorn Drive............................
920 MN City of Moorhead SE Main GSI, 34th St. and $3,000,000
I94 Interchange and Moorhead Comprehensive
Rail Safety Program.......................
921 AL Widening and safety improvements to SR-216 $3,000,000
between SR-215 and I-59, I-20.............
922 WA Improve 13.5 mile section of Klickitat $250,000
bicycle and pedestrian trail between Lyle
and Klickitat.............................
923 IL Improve safety of culvert replacement on $320,000
250th Rd between 460th St and Cty Hwy 20
in Grandview Township, Edgar County, IL...
924 NY Kingston, Improve uptown streets........... $1,000,000
925 PA Replace Blair Creek Bridge over the Little $1,600,000
Lehigh Creek, just west of the Maple Grove
Bridge, in Longswamp Township, Berks
County....................................
926 CA Construct highway connecting State Route 78/ $9,500,000
86 and State Route 111, Brawley...........
927 GA Widening and improvements on Colerain Road $1,000,000
in St. Marys, Georgia.....................
928 MD Implement Pedestrian and Roadway $2,000,000
Improvements Contained in the Druid Hill
Park Neighborhood Access Program in
Baltimore.................................
929 AZ Kabba Wash project between I-40 and Wikieup $2,000,000
930 ME Route 2 Improvements from Bethel to Gilead. $500,000
931 FL Widening and Improvements for I-75 in $27,000,000
Collier and Lee County....................
932 TX Widening 349 Dawson and Martin County...... $2,000,000
933 WI Widen Wisconsin State Highway 64 between $4,000,000
Houlton and New Richmond..................
934 IN Widen Wheeling Avenue from Centennial to $960,000
McGalliard Road in the City of Muncie,
Indiana...................................
935 MN Construct a bike trail along the north side $540,000
of TH 11 to the Voyageurs National Park
Visitor Center on Black Bay of Rainy Lake.
936 FL Construct pedestrian underpass and safety $1,600,000
improvements at SR-A1A and Castillo Drive,
City of St. Augustine.....................
937 CA Rehabilitate street surfaces in Sherman $124,000
Oaks......................................
938 CA Repair and realignment of Brahma Dr. and $300,000
Winnetka Ave..............................
939 NJ Riverwalk in Millburn along the West Branch $750,000
of the Rahway River.......................
940 AL I-20 widening and safety improvements in $4,000,000
St. Clair County..........................
941 TN Plan and construct Rutherford County $500,000
visitor's center/ transportation
information hub...........................
942 UT Streetscape a two-lane road and add turning $500,000
lanes at key intersections on Santa Clara
Drive in Santa Clara......................
943 CA US 101 Operational Improvements, San Jose.. $5,000,000
944 IL Upgrade traffic signal system on 87th $500,000
Street, Chicago...........................
945 LA Water Well Road Gateway Cooridor (LA 478)-- $5,650,000
Design, Right of Way, and Construction of
3.6 miles from I-49 to LA 1...............
946 CO East 104th and US 85 Intersection: Study, $1,000,000
design and construction of needed
improvements to intersection..............
947 FL Widen West Virginia Drive from Floresta $3,000,000
Drive to US 1 in St. Lucie................
948 ID Widen US 95 in Idaho from Jct. SH-1 to $3,000,000
Canadian Border...........................
949 IL Engineering of the Willow Creek Trail $200,000
Extension from Rock Cut State Park to the
Long Prairie Trail........................
950 CA Widen Interstate 8 overpass at Dogwood $2,122,500
Road, Imperial County.....................
951 CA Improve bridge 58-7 on SR-115 that crosses $1,000,000
the Alamo River in Holtville and also
project design and environmental analysis
of a new bridge over the same river.......
952 ID Widen US 95 from Worley to Mica Creek, $3,000,000
Idaho.....................................
953 MI Complete the 2 segments of US 127 from $5,000,000
Ithaca to St. Johns to a limited access
freeway...................................
954 CA Construct a new interchange where I-15 $10,000,000
meets Cajalco Road in Corona, CA..........
955 OH Construct interchange at CR 80 on IR 77 $5,000,000
near Dover................................
956 TX US 67, widening from Nolan River to West $3,000,000
Buffalo Creek, Cleburne...................
957 NC Widen and improve I-85 through Cabarrus $8,000,000
County from US 29-49 to 29-601............
958 NC US 401 from Raleigh to Fayetteville........ $4,000,000
959 GA Construct and Improve Westside Parkway, $4,000,000
Northern Section, in Fulton County........
960 NY City of Peeskill, NY Street Resurfacing $130,000
Program. Hudson Avenue....................
961 CA Construction of CA 101 Auxiliary Lanes, $2,250,000
Marsh Rd. to Santa Clara County Line......
962 NY For the acquisition of ferry boats and $1,500,000
ferry terminal facilities and operation of
ferry service from Rockland County-Yonkers-
Manhattan.................................
963 IL For engineering, right-of-way acquisition $1,750,000
and reconstruction of two existing lanes
on Arsenal Road from Baseline Rd to Rt 53.
964 PA For the Scranton City Redevelopment $2,500,000
Authority to design, engineer, acquire ROW
& construct streetscapping enhancements,
paving, lighting & safety improvements,
parking & roadway redesign................
965 FL Construct landscaped sidewalks, bus lanes, $1,536,041
pedestrian/bicycle paths, vehicular lanes,
City of Plantation........................
966 NY Improve Route 17--Access Control, Elmira to $2,500,000
Chemung...................................
967 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Plymouth Borough, Luzerne County.......
968 ID Improve SH-75 from Timmerman to Ketchum.... $5,000,000
969 OR Improve U.S. 97 from Modoc Point to Algoma. $2,000,000
970 SD Construct an interchange on I-90 at Marion $1,400,000
Road west of Sioux Falls..................
971 CA Realign First St between Mission Rd and $1,250,000
Clarence St in Los Angeles................
972 MO Relocation of Route 13 Branson West Bypass. $5,200,000
973 IL Resurfacing Congress Parkway, The Illinois $500,000
Department of Transportation..............
974 RI Establish interchange between Route 4 and $6,000,000
Interstate 95.............................
975 TX Improvements to FM 676 in Alton............ $500,000
976 MA Reconstruction of Goddard Memorial Drive $2,000,000
from State Route 9 to Airport Drive,
Worcester.................................
977 FL Homestead, FL Widening of SW 320 Street $2,500,000
(Mowry Drive) from Flagler Avenue to SW
187 Avenue................................
978 CT Broad Street Reconstruction Project in New $1,800,000
Britain...................................
979 PA Construct Johnsonburg Bypass............... $4,400,000
980 CT Construct Valley Service Road Extension, $2,000,000
North Haven...............................
981 VA Construction of transportation related $1,000,000
enhancements and infrastructure of the
VMFA project..............................
982 MI Reconstruct and Widen I-94 in Kalamazoo, MI $14,000,000
983 MD Land Acquistion for Highway Mitigation in $19,500,000
Cecil and Worcester Conties, MD...........
984 CA Construct overpass on Central Ave at the $750,000
railroad crossing in Newark...............
985 IL City of Bartonville, Street widening and $952,572
improvements and sidewalk improvements....
986 OH Construct Williamsburg, Ohio to Batavia, $250,000
Ohio Hike & Bike Trail....................
987 IL The continuation of US Route 12 from the $3,000,000
Wisconsin state line to the intersection
of Tryon Grove Road, Route 12 and Illinois
State Route 31............................
988 FL US17-92 and French Ave. Roundabout, Sanford $500,000
989 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Hanover Township, Luzerne County.......
990 MI Reduction from 3.5 miles of travel to 1.0 $3,000,000
miles of travel crossing over the
Tittabawassee River on Meridian Road......
991 ID Widen US-95 from Top of Lewiston Hill to $2,000,000
Moscow, Idaho.............................
992 TX Construct a pedestrian/bicycle trail in the $750,000
Sunnyside area of Houston.................
993 TX Construct remaining 800-foot 4-lane divided $1,160,000
thoroughfare for Preston Rd segment
between Beltway 8 and Genoa Red Bluff Rd..
994 AS Shoreline protection and drainage $1,000,000
mitigation for Aua village roads..........
995 SC Medical University of South Carolina $4,000,000
Roadway Enhancement.......................
996 PR Replacement ferries on Culebra and Vieques $2,000,000
routes....................................
997 MI Livonia, reconstruct Stark Rd. between $1,000,000
Plymouth Rd. and I-96.....................
998 PA PA Route 309 roadway construction and $2,000,000
signalization improvements in Tamaqua
Borough...................................
999 MA Union Square Roadway & Streetscape $500,000
Improvements..............................
1000 TX Improvements to South McColl Road in $2,400,000
Hidalgo County............................
1001 MS Widen US Hwy 61 and improve major $2,000,000
intersections, Natchez....................
1002 TX Widen US 82 from 2-lane facility to 4-lane $4,000,000
facility from FM 1417 in Sherman, TX to US
69 in Bells, TX...........................
1003 TX Widen US 79, from FM 1512 near Jewett to IH- $2,000,000
45 to a four-lane divided highway.........
1004 TN Construct shoulder and turn lane on SR 35 $1,500,000
in Seymour, Tennessee.....................
1005 NE Construction of Heartland Expressway $7,500,000
between Alliance and Minatare, NE.........
1006 WA Pedestrian Sidewalk Construction in $175,000
Snohomish.................................
1007 TN North Second Street Corridor Upgrade, $2,000,000
Memphis...................................
1008 OH Purchase High Speed Ferries for Black River $750,000
Excursion Boat Service, Lorain............
1009 MD MD4 at Suitland Parkway.................... $4,000,000
1010 OK Widen US 60 from approximately 2 miles east $1,000,000
of the US 60-US 75 interchange east
approximately 5.5 miles...................
1011 NC Widen US 401 from Wake County to Louisburg. $3,000,000
1012 PA CUPSS, Pennsylvania, Urban Maglev $5,000,000
Demonstration Test Project................
1013 TX Widen US 287 Bypass at Ennis from two to $7,000,000
four lanes................................
1014 KY Widen US 27 from KY 34 to US 150 Bypass, $2,000,000
Garrard County and Lincoln County.........
1015 MN Right of way acquisition for Mississippi $1,000,000
River Bridge connecting I94 and US10
between US169 and TH101...................
1016 WI Rehabilitate Highway 53 between Chippewa $4,000,000
Falls and New Auburn......................
1017 IL Widen U.S. Route 67 from Macomb to Illinois $2,000,000
101.......................................
1018 IL Widen U.S. Route 51 from Pana to Vandalia.. $3,000,000
1019 IL Widen U.S. Route 34 from U.S. 67 to Carmen $4,000,000
Road......................................
1020 WA Alaskan Way Viaduct and Seawall............ $14,000,000
1021 NJ East Coast Greenway bicycle and pedestrian $1,000,000
path from New Brunswick to Hudson River...
1022 FL Construct bicycle and pedestrian undperpass $1,500,000
and park under I-95, Miami................
1023 CA Implement Van Nuys Road and Safety $500,000
Improvements..............................
1024 FL New systems interchange ramps at SR 417 and $6,000,000
Boggy Creek Road in Orange County, FL.....
1025 NY Reconstruction of Tappan Street Bridge in $1,000,000
Town of Newark Valley.....................
1026 IL Widen Rakow Road from Ackman Road to IL Rt $6,400,000
31 in McHenry County, Illinois............
1027 IL Widen U.S. Route 30 from Rock Falls to $500,000
Round Grove, Whiteside County.............
1028 TN Bristol, Tennessee highway-RR grade $50,000
crossing improvement--Cedar Street........
1029 IL Perform Broadway and Sheridan Road signal $1,500,000
interconnect project, Chicago.............
1030 IL Widen U.S. Highway 30 in Whiteside County, $1,000,000
Illinois..................................
1031 WI Rehabilitate existing bridge and construct $5,000,000
new bridge on Michigan Street in Sturgeon
Bay, Wisconsin............................
1032 ME Replacement of the Route 201-A ``covered'' $1,000,000
bridge, Norridgewock......................
1033 AR Widen to four lanes, improvement, and other $5,000,000
development to U.S. Highway 167 from LA
state line north to I-530.................
1034 PA Widen the Route 412 corridor from I-76 into $10,000,000
the City of Bethlehem.....................
1035 HI Construct access road for Kahului Airport.. $1,000,000
1036 IL Improve Highway-Railroad Crossings, $750,000
Galesburg.................................
1037 MN Sauk Rapids Bridge and Roadway Replacement $6,000,000
in Sauk Rapids, MN........................
1038 TN Construct Transportation and Heritage $1,000,000
Museum in Townsend, Tennessee.............
1039 CA Widen State Route 98, including storm drain $3,000,000
developments, from Kloke Road to State
Route 111, Calexico.......................
1040 CA Widen State Route 98 from Route 111 to $5,000,000
State Route 7, Calexico...................
1041 GA Construction of bypass around town of $2,500,000
Hiram, from SR 92 to US 278, Paulding
County, Georgia...........................
1042 TX Construction of the interchanges at BI20 $2,500,000
and IH20 for JBS Parkway..................
1043 CA Widen State Route 46 between Airport Road $33,461,000
and the Shandon Rest Stop in San Luis
Obispo County.............................
1044 TN Widen State Route 4 (US-78) from $1,000,000
Mississippi State Line to Getwell Road (SR-
176) in Memphis, Shelby County............
1045 MI Baraga County, Reconstruction of county $750,000
primary road on Bayshore Drive from
Haanpaa Road northerly 1.7 miles to
Whirligig Road............................
1046 NY Town of Warwick, NY walking and biking $500,000
trail.....................................
1047 AK Bridge over Fish Creek in Matanuska-Susitna $1,000,000
Borough...................................
1048 GA GA 400 and McGinnis Ferry Road Interchange, $3,900,000
Forsyth County, GA........................
1049 NY Implement Improvements for Pedestrian $1,000,000
Safety in Kings County....................
1050 NY Reconfigure road through FDR VA Hospital to $395,000
provide access to Battery Place in Town of
Cortlandt.................................
1051 CA Widen State Route 262, replace two railroad $4,000,000
overpass structures, and rebuild on and
off ramps between SR 262 and Kato Rd in
Fremont...................................
1052 TN Widen State Route 101 in Cumberland County $8,000,000
from two lane highway to five lanes
between State Routes 282 (Dunbar Road) and
392 in Crossville.........................
1053 FL Widen State Road 50 in Lake County, Florida $7,000,000
1054 AZ Widen SR 95 through Lake Havasu City....... $2,000,000
1055 GA Widen SR 85 from SR 74 to County Route 126 $3,000,000
Bernhard Road, Fayette County, Georgia....
1056 CT Construct New arterial roadway from Boston $10,000,000
Avenue north to proposed Lake Success
Business Park in Bridgeport, CT...........
1057 MI M-13 Washington Avenue Streetscape Project. $1,500,000
Phase II of High Priority Project 192 in
PL 105-550. City of Saginaw...............
1058 TX Improvements to FM 716 in Duval County..... $1,000,000
1059 NY Town of Chester Surrey Meadow subdivision $300,000
road improvements.........................
1060 PA Cresheim Valley Drive Revitalization $1,100,000
project involving scenic enhancements &
pedestrian safety improvements from
Lincoln Drive to Navajo Street............
1061 NC Transportation Improvements at Piedmont $2,000,000
Triad Research Park, Winston-Salem, NC....
1062 MO Upgrade and partially relocate MO Rt 141 $2,600,000
from I-64 to Rt 340.......................
1063 NY Construct Millennium Parkway in the Towns $10,500,000
of Dunkirk and Sheridan...................
1064 AZ Construct the Rio Salado Parkway to connect $8,000,000
I-10 and Loop 202 freeways to 7th Street
in downtown Phoenix.......................
1065 TN Improving Vehicle Efficiencies at At-Grade $104,000
highway-Railroad Crossing in Lenoir City,
TN........................................
1066 NJ Replacement of Monmouth County bridges W-7, $2,000,000
W-8, and W-9..............................
1067 OK US-54, Widen US-54 from North of Optima $1,000,000
Northeast to Kansas State Line, Texas
County, OK................................
1068 FL Widen Palm Coast Parkway and I-95 $2,900,000
interchange and overpass, Flagler County,
Florida...................................
1069 FL Delray Beach Federal Highway pedestrian $2,000,000
improvements SE 4th Street to NE 4th
Street....................................
1070 WI Expand Highway 10 between Marshfield and $20,000,000
Stevens Point.............................
1071 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of IS 72/PS 69............
1072 TN Upgrade roads for Slack Water Port facility $1,875,000
and industrial park Lake County...........
1073 AK Emergency evacuation road at Point Hope in $3,000,000
North Slope Borough.......................
1074 MI Construct railroad grade separation on M-85 $2,000,000
(Fort Street) North of Van Horn Road,
Trenton...................................
1075 IL Land acquisition, engineering, and $1,000,000
construction for the initial 2-lane
segments of the Corridor between IL31 to
IL25 and other segments of the Corridor as
appropriate...............................
1076 PA Modernize traffic signals, complete minor $480,000
roadway realignment, and improve
channelization at US322 and PA10
intersection..............................
1077 KS Construction of a four-lane access $10,686,000
controlled improvement for 4 miles on US-
54/400 in Pratt County....................
1078 IN Upgrade rail crossing at 93rd Avenue, St. $200,000
John......................................
1079 FL Widen SR 710 by 2 lanes from Congress $3,000,000
Avenue to US-1............................
1080 GA Widen SR 234/Gillionville Road from Eight $1,000,000
Mile Road to Lockett Station, Dougherty
County....................................
1081 CA Widen SR 12 to four lanes through Jamieson $5,000,000
Canyon (between I-80 and SR 29) for safety
concerns and economic growth..............
1082 GA Widen SR 104 from SR 383/Belaire Road to CR $4,000,000
515/Cumberland Drive (including bridges)
in Columbia County........................
1083 IN Study Traffic on Muncie By-Pass from $120,000
Centennial Avenue to McGalliard Road in
the City of Muncie and Delaware County,
Indiana...................................
1084 FL Construct US 17-92 improvements, Maitland, $1,500,000
Florida...................................
1085 CA Widen South Main St.-Soda Bay Rd. between $3,000,000
CR 400A (mile marker 0.0-miler marker and
0.7) and CR 502 (mile marker 0.0 and 0.9).
1086 VA Replacement of the 635 Bridge in Orange $500,000
County, VA................................
1087 TX construct Loop 20 in Laredo................ $16,000,000
1088 IA Construct SE Connector/MLK Pkwy, Des Moines $7,500,000
1089 FL Construction and Design of Miami River $2,000,000
Greenway Road Improvements and 5th Street
Improvements..............................
1090 TX Widen SH 317 from two lanes to four lane $2,000,000
divided facility..........................
1091 TX Widen SH 205 from two lanes to a six lane $1,000,000
urban divided highway from North of SH 66
to proposed SH 276........................
1092 CA Widen Santa Maria River Bridge on U.S. $3,400,000
Highway 101 between Santa Barbara County
and San Luis Obispo County................
1093 CA Widen San Fernando Road North, including $1,060,000
streetscape projects, Sylmar..............
1094 PA Central Susquehanna Valley Transportation $4,100,000
Project US 15: $5 million for the final
design....................................
1095 NJ Construct Rt 49 Cohansey River Bridge $3,000,000
Replacement, Cumberland County............
1096 ME Construction and snowmobile safety $4,000,000
accommodations for Route 116 Bridge,
Medway....................................
1097 MI Construct pedestrian trail and bridge in $100,000
Kearsley Park in Flint....................
1098 IA Coralville, IA Implementation of final $900,000
phase of Safety Improvements Project from
12th Ave to 22nd Ave......................
1099 IL Expand and improve Illinois Route 47 $6,400,000
Roadway from Reed Road to Kreutzer Road in
Huntley, Illinois.........................
1100 NY Build Route 15, Pennsylvania to Presho..... $10,000,000
1101 GA I-285 Riverside interchange reconstruction, $1,500,000
Fulton County, Georgia....................
1102 MN Construct 3 segments of Cuyuna Lakes $1,200,000
Trails, Crow Wing County..................
1103 WA Improve I-5 interchange at 134th Street in $11,350,000
Clark County..............................
1104 GA Construct Pedestrian Safety Improvements on $3,000,000
Buford Hwy (SR-13), Dekalb County.........
1105 DC 11th St. Bridges, Rehabilitation of $32,000,000
structures as well as new ramps to provide
for traffic at Navy Yard, Southeast
Federal Ctr., and Gateway Government Ctr..
1106 MO Improve U.S. 36 to divided four lane $8,000,000
expressway from Macon to Route 24.........
1107 VA Mill Road Slip Ramp........................ $500,000
1108 NY Construct sidewalks and curbing on Tate $375,000
Avenue in Village of Buchanan.............
1109 MI Delta County, Widen, pulverize, improve $575,000
drainage at County Rd 497 from US 2 at
Nahma Junction southerly 4.75 miles to the
village of Nahma..........................
1110 UT Construction of 200 North Street highway- $4,000,000
rail graded crossing separation,
Kaysville, Utah...........................
1111 FL Kennedy Blvd. Reconstruction, Eatonville... $2,000,000
1112 VA Improvements to public roadways within the $2,000,000
campus boundaries of the Virginia
Biotechnology Park, Richmond, VA..........
1113 VA Install Transporation Critical Incident $400,000
Mobile Data Collection Device in
Charlottesville...........................
1114 NY Ithaca, Design and construct pedestrian and $544,000
bicycle path..............................
1115 AZ Navajo Mountain Road on the Navajo Nation.. $1,000,000
1116 PA Expansion of existing PA Turnpike ITS $4,100,000
System....................................
1117 TX Construction of ferryboat for City of Port $400,000
Aransas...................................
1118 NY Project will rehabilitate and reopen $5,000,000
historic High Bridge, which crosses the
Harlem River between Manhattan and the
Bronx.....................................
1119 NJ Route 17 Congestion Improvements and $12,000,000
Widening, from Williams Avenue to the
Garden State Parkway and Route 4 in Bergen
County....................................
1120 IN Design and construct Tanner Creek Bridge on $1,240,000
US50, Dearborn County Indiana.............
1121 NC Environmental studies and construction of $5,000,000
US 74 Monroe Bypass Extension.............
1122 OH Construct Pedestrian Bridge from east of $2,140,000
Dock 32 to Voinovich Park southwest
corner, Cleveland.........................
1123 GA Extension of Sugarloaf Parkway, Gwinnett $1,000,000
County....................................
1124 ME Construct bicycle and pedestrian bridge $1,000,000
over Stillwater River, Orono..............
1125 IL For widening from two to four lanes, the $750,000
Brookmont Boulevard Viaduct in Kankakee,
IL and adjusting approach grades..........
1126 GA I-285 SR 400 interchange reconstruction and $1,000,000
HOV interchange, Fulton County, Georgia...
1127 MN Construct a road between Highway 332 and TH $300,000
11 including a signalized rail road
crossing, Koochiching County..............
1128 MO Hanley Road from I-64 to south of State $4,000,000
Route 100, St. Louis County...............
1129 AL Expand SR-167 from Troy, AL to Enterprise, $3,000,000
AL........................................
1130 MN Construction of primary and secondary $4,250,000
access roadways to the Duluth Air National
Guard Base, City of Duluth................
1131 CT Construct high-speed rail crossing to bike $2,300,000
and pedestrian trails--Enfield, CT........
1132 TX Expansion of Port Rd at Northbound Frontage $7,340,000
Rd of SH146 east to intersection with
Cruise Terminal Rd to 6-lane section with
raised median.............................
1133 TN Constuct Western Bipass from Zinc Plant $3,400,000
Road to Dotsonville Road, Montgomery
County....................................
1134 CA Improvements to SR-67, Mapleview to Dye $5,000,000
Road (San Diego)..........................
1135 TN Plan and construct a bicycle and pedestrian $250,000
trail, Springfield........................
1136 TX Expansion of Daniel McCall Dr., Lufkin, TX. $3,220,000
1137 NY Rehabilitate the Pines Bridge Road and Lake $2,765,000
Avenue and Ryder Road, in Ossining,
Yorktown, and New Castle..................
1138 CA Construct Valley Boulevard Drainage $750,000
Improvements, El Monte....................
1139 NJ Route 82 Union County Streetscape and $1,000,000
Intersection Improvements.................
1140 NY Short Clove Road Rail Overpass, Haverstraw. $1,000,000
1141 FL Construct Atlantic Boulevard Improvements, $1,000,000
Key West, Florida.........................
1142 CA Implement intelligent management & $3,000,000
logistics measures to improve freight
movement, Gateway Cities..................
1143 WI Expand USH 45 between CTH G and Winchester, $5,000,000
Winnebago County, WI......................
1144 NY Implement ITS system and apparatus to $100,000
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 6.....
1145 IA Construct IA-32 Arterial from US 20 in $19,000,000
Dubuque Co, IA to US 61 and US 151........
1146 HI Kapolei Transportation Improvements, Island $1,000,000
of Oahu...................................
1147 MA Quincy Avenue Bridge Replacement........... $900,000
1148 CA Los Angeles Regional Diesel Emissions $500,000
Reduction Program For Engine Retrofit,
Gateway Cities............................
1149 IL Reconstruct intersection of Wood Dale and $12,300,000
Irving Park roads in DuPage County, IL....
1150 GA Social Circle bypass completion, from $3,000,000
Stanford Road to SR 11, Social Circle.....
1151 GA Streetscape Project to install sidewalks $500,000
and bicycle trails, Gray..................
1152 MO Reconstruction of the Tucker Street Bridge $7,000,000
in the City of St. Louis..................
1153 PA Bethlehem Pike improvements from Valley $1,000,000
Green Road to South of Gordon Lane,
Springfield Township......................
1154 GA Construct I-75 I-575 HOV interchange, Cobb $600,000
County, Georgia...........................
1155 IL Construct multi-use pedestrian path between $250,000
Oakton St. and Dempster St., Skokie.......
1156 AZ Construct link from Twin Peaks Road to I-10 $5,000,000
and Linda Vista Blvd. including bridge
over Santa Cruz River and overpass of
Union Pacific Rail Road...................
1157 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Newport Township, Luzerne County.......
1158 VA Fries Train Station and Trail--restoration $1,000,000
of former train station for use as
visitors center and construction of trail
along New River...........................
1159 PA Construction SR 3024, Middle Creek Bridge $700,000
II, South Canaan, Wayne County............
1160 WI Expand USH 141 between STH 22 and STH 64 $2,000,000
(Oconto and Marinette Counties, Wisconsin)
1161 IL Development of a coordinated trail system, $3,200,000
parking and trial systems in Dixon, IL....
1162 PA Installation of comprehensive signage $900,000
system across 1700 acres of urban parks in
Pittsburgh................................
1163 GA Interstate 75/Windy Hill Road Interchange.. $2,000,000
1164 NJ Bridge replacement and SR31 widening over $1,000,000
the Raritan Valley Line in Glen Garnder,
Hampton, Hunterdon County.................
1165 VA Bristol Train Station--historic $500,000
preservation and rehabilitation of former
Bristol, VA train station.................
1166 CO I-25 Improvements--Douglas-Arapahoe County $4,000,000
Line to El Paso County Line...............
1167 TN Reconstruct connection with Hermitage $500,000
Avenue to Cumberland River Bluff in
Nashville.................................
1168 IL For Village of Lemont to construct a bridge $100,000
over Chicago Ship and Sanitary Canal
linking Centennial Trail to I&M Canal
Trail.....................................
1169 OH Construct roadway improvement along State $100,000
Route 62 in Berlin........................
1170 NY Reconstruction and improvements of $2,000,000
University Avenue and the extension of the
ARTWalk project, Rochester................
1171 NH Reconstruction and Improvements to NH Route $2,000,000
110 in Berlin.............................
1172 PA Route 6 Resurfacing from Mansfield Borough $1,000,000
in Richmond Township to the Village of
Mainesburg in Sullivan Township...........
1173 WA SR 167--Right of way acquisition for a new $2,500,000
freeway connecting SR 509 to SR 161.......
1174 MD I-70: Frederick............................ $3,000,000
1175 NY Planning and Construction of Fort Drum $6,000,000
Connector Rd..............................
1176 CA Study and construct highway alternatives $10,000,000
between Orange and Riverside Counties,
directed by RCTC, working with local
transp. authorities, and guided by the
current MIS...............................
1177 CA Fresno County, CA Widen Friant Road to four $1,500,000
lanes with class II bicycle lanes.........
1178 MO Study for Highway 160 & Kansas Expressway $2,000,000
Corridor..................................
1179 FL Construct Route 9B from US 1 to Route 9A (I- $5,000,000
295) to the Duval County line.............
1180 PA Design, const. widening of PA 94 from York- $3,000,000
Adams County line to Elm Street in
Hanover, PA...............................
1181 CA Improvement of intersection at Burbank $160,000
Blvd. and Woodley Ave.....................
1182 NY I-81 Corridor Improvements in Syracuse, NY. $2,000,000
1183 WA Perform final interchange design and $1,050,000
property acqusition at Fleshman Way where
it crosses SR 129, that enhances safety
and passenger and freight mobility and
reduces congestion........................
1184 WA Roosevelt Extension at Urban Avenue to $4,000,000
Cameron Way in Mount Vernon...............
1185 NJ Hazel Street reconstruction, Passaic County $2,250,000
1186 FL Improvements to Eller Drive including right- $1,000,000
of-way acquisition and construction of
return loop connector.....................
1187 MO Study Highway 37-60 Entire Corridor........ $2,500,000
1188 TX The District-Tyler Outer Loop 49 $5,880,000
Construction..............................
1189 PA Tidal Schuylkill Riverfront project $1,680,000
consists of an eight mile bike and
pedestrian recreation trail from Locust
Street to Historic Bartram's Gardens......
1190 NY Town of Fishkill reconstruct Maple Ave..... $24,500
1191 IL For IDOT to expedite pre-construction and $3,500,000
construction to widen I-55 from Naperville
Road south to I-80........................
1192 UT 200 East Minor Arterial, Logan City, Utah.. $900,000
1193 NJ Construct I-287, I-80, Route 202 $1,000,000
Interchange...............................
1194 NY Design and construction of Fulton Street $5,600,000
from Clinton Avenue to Bedford Avenue in
Brooklyn, New York........................
1195 TX Port of Corpus Christi Joe Fulton $500,000
International Trade Corridor for
congestion and safety enhancements........
1196 MO Renovations and Enhancements on the Bicycle $800,000
Pedestrian Facility on the Old Chain of
Rocks Bridge spanning the Mississippi
River.....................................
1197 CT Construct Shoreline Transportation $2,000,000
Enhancement Projects, Guilford, Branford,
East Haven................................
1198 NJ Highway Improvements in Liberty Corridor... $5,000,000
1199 OH Construct SR 104 into a 4 lane facility $6,000,000
with a turning lane in Ross County........
1200 MO Construct 2 lanes on Hwy 45 from Hwy 9 to $3,000,000
Graden Road in Platte County..............
1201 MS Plan and Construct Highway 45 Bypass in $4,000,000
Columbus..................................
1202 PA Reconstruct hwy & replace of bridge on US $1,500,000
422 between the Berks County Line and the
Schuylkill River in Montgomery and Chester
Counties..................................
1203 FL Construct SR 20 connection to SR 100 via CR $4,300,000
309-C, Putnam County, Florida.............
1204 OH Road and related pedestrian improvements at $100,000
SR 283 in the Village of Grand River, OH..
1205 NY Road infrastracture projects to improve $8,150,000
commercial access in the Towns of Malta
and Stillwater and the Village of Round
Lake, Saratoga County, New York...........
1206 NY Replace structurally deficient bridge over $1,000,000
the Pocantico River, the Village of
Pleasantville.............................
1207 IL Complete Heavy Truck Loop for DuQuoin $625,000
Industrial Park...........................
1208 MD Construction and dualization of US 113..... $15,000,000
1209 GA Streetscape-Quitman........................ $200,000
1210 NY Town of New Windsor Toleman & Station Roads $715,000
Reconstruction and area Improvements......
1211 IL Turning lanes to US Rt. 14 (Northwest $700,000
Highway) at the Arthur Ave Union Pacific
Grade in Arlington Heights................
1212 WA Design and construct pedestrian land bridge $1,354,000
spanning SR14.............................
1213 MI Construction of Greenways in Pittsfield $299,000
Charter Township--2.5 miles to existing
Ann Arbor Greenways, Pittsfield Charter
Township..................................
1214 CA Golden Gate National Parks Conservancy-- $5,200,000
Plan and Implement Trails & Bikeways Plan
for the Golden Gate National Recreation
Area and Presidio.........................
1215 NY State of NY Village of Kiryas Joel sidewalk $750,000
project...................................
1216 OH Tuscarawas Township, Stark County, Ohio. $800,000
Improvements to Alabama Ave...............
1217 NE Resurfacing of Bellevue Bridge, City of $500,000
Bellevue, Nebraska........................
1218 CA Upgrade and reconstruct I-580/ Vasco Road $2,500,000
Interchange, City of Livermore............
1219 TX Build Bike Trail at Chacon Creek in Laredo. $3,300,000
1220 UT 3200 South Project, Nibley, Utah........... $1,000,000
1221 NJ Expand Route 440--State Street Interchange $5,000,000
in Perth Amboy............................
1222 GA Improvement and construction of SR 40 from $2,000,000
east of St. Marys cutoff at mile post 5.0,
Charlton County to County Route 61, Camden
County, Georgia...........................
1223 PA Erie, PA Regional upgrades to urban-rural $800,000
corridors.................................
1224 GA Georgia Construct Three Greenway Trail $2,000,000
Project, Dekalb County....................
1225 FL Croos Creek Boulevard Widening............. $1,000,000
1226 MD Implement Intelligent Transportation System $500,000
in Baltimore..............................
1227 OH Construct an access road into the $800,000
industrial park near SR 209 and CR 345 in
Guernsey County...........................
1228 CA Improve the Rosecrans Ave and Alondra Blvd $50,000
bridges over the San Gabriel River in
Bellflower................................
1229 PA Independence National Historic Park scenic $4,500,000
enhancement and pedestrian walkways
improvement project in conjunction with
the park's Executive Mansion Exhibit......
1230 CA Modesto, Riverbank & Oakdale, CA Improve $2,000,000
SR219 to 4-lanes..........................
1231 ME Modifications to Exit 7/I-295 and to $3,380,000
Franklin Arterial, Portland...............
1232 KY Replace Bridge and Approaches on Searcy $875,000
School Road over Beaver Creek, Anderson
County....................................
1233 NJ Route 22 Sustainable Corridor Plan......... $5,750,000
1234 NY Conduct studies, if necessary, and $5,000,000
construct the High Line Trail Project, New
York City.................................
1235 WA Install dual left turn lanes and $1,750,000
intersection signal modifications at SR432
and Columbia Blvd.........................
1236 OK Transportaion enhancements for Highway 19 $3,000,000
from Ada to Stratford.....................
1237 CA Interstate 15-Base Line Road Interchange $5,000,000
Project, Rancho Cucamonga, California.....
1238 SC Build Interchange at US 17 and Bowman Road $6,000,000
in Mount Pleasant, SC.....................
1239 CA Complete Monterey Bay Sanctuary Scenic $6,000,000
Trail between Monterey and Santa Cruz
counties..................................
1240 NY Improve Hospital Road Bridge between CR99 $6,000,000
and CR101, Patchogue......................
1241 NV Construct Martin Luther King Blvd.-- $6,000,000
Industrial Rd. Connector..................
1242 MI I-96 Beck, Wixom Road Interchange, design, $1,000,000
ROW, and construction.....................
1243 IA Muscatine, IA Construction of 4.2 mile $500,000
multi-purpose trail from Musser Park to
Weggens Road..............................
1244 GA Historic preservation of a city bus station $134,917
in downtown Eastman.......................
1245 TX Construction of internal roads at Port of $1,000,000
Brownsville to make roads safer with less
wear and tear.............................
1246 NY NYSDOT Route 55 turning lane at Gardner $400,000
Hollow Road...............................
1247 TN Plan and construct a bicycle and pedestrian $100,000
trail, Lewisburg..........................
1248 TX Reconstruct Danieldale Rd from I-35E to $2,000,000
Houston School Rd in Lancaster............
1249 CT Relocation of Edmond Road in Newtown and $600,000
construction of additional turning lanes
at Rte 6 and Commerce and Edmond Rds......
1250 OH Construction of Interchange at State Route $3,000,000
8 and Seasons Road, Stow, OH..............
1251 NJ North Avenue--Route 1 Elizabeth Pedestrian $75,000
and Bicycle Project.......................
1252 AL Pedestrian Improvements for Morris, AL..... $100,000
1253 NY Preliminary design and environmental impact $7,360,000
study for a collector-distributor road
along I-95 from Westchester Ave. to Bartow
Ave.......................................
1254 NJ Replacement of Signals at the Intersections $490,000
of Centennial Ave @ Lincoln Ave and Walnut
Ave @ Lincoln Ave, Cranford, NJ...........
1255 KS Replacement or rehabilitation of the Amelia $2,000,000
Earhart US-59 Bridge in Atchison County,
Kansas....................................
1256 CA San Diego, CA Interstate 15 Managed Lanes.. $1,000,000
1257 CA Central Galt & State Route 99 Interchange $3,000,000
and Access Improvements...................
1258 OH Springfield, OH Relocation of North Street. $2,500,000
1259 KY Reconstruct KY 89 from Irvine Bypass to $750,000
2000 Feet North of Estill County High
School, Estill County.....................
1260 NY Town of East Fishkill new construction $800,000
Bypass road...............................
1261 CA Establish new grade separation at Sunset $2,000,000
Ave in Banning............................
1262 CT Construct and Widen Stamford Rail Underpass $1,000,000
& Road Realignment Project................
1263 TN Hamblen County, Tennessee US11E (SR34) $1,000,000
interchange improvements..................
1264 IL Implement ITS and congestion Mitigation $4,000,000
Project on I-294 and I-90.................
1265 AZ Bridge at 59Th Ave and Glendale Ave........ $2,000,000
1266 TX Hike and bike trail will tie into the $1,000,000
Gellhorn Dr. project providing an improved
multi-modal transportation facility.......
1267 OH Jackson Township, Ohio--Hill and Dales Road $2,000,000
widening..................................
1268 SC Build 701 Connector (Southern Conway $5,000,000
Bypass) in SC.............................
1269 MN Reconstruct I-694 White Bear Avenue (CSAH $500,000
65) Interchange in White Bear Lake........
1270 WI Replace 17th Street Lift Bridge, Two $6,000,000
Rivers, Wisconsin.........................
1271 MA Route 116 and Bay Road Intersection $4,000,000
Improvements--Amherst.....................
1272 IL Streetscape improvements on Blue Island $1,000,000
from 19th -21st St, Chicago...............
1273 TN Construct and improves intersections in $100,000
Niota, Tennessee..........................
1274 CA Upgrade Bellflower intersections at Alondra $350,000
Blvd and at Rosecrans Ave in Bellflower...
1275 NJ Construct Riverbank Park Bike Trail, Kearny $2,500,000
1276 NC Install ITS on US 52 in Forsyth County..... $400,000
1277 MD Construction and dualization of MD 404 in $7,000,000
Queen Anne, Talbot and Caroline Counties..
1278 NY Dutchess County, NY Replace County Bridge $250,000
BIN 3358440 on DeGarmo Road CR43, Town of
Poughkeepsie..............................
1279 IL Upgrade connector road from IL Rt I-255 to $2,400,000
IL Rt 3, Sauget...........................
1280 NJ Reconstruction of Route 46/Route 3/Valley $12,000,000
Rd/Notch Rd Interchange...................
1281 MS Upgrade roads in Attala County District 4 $1,000,000
(Roads 4211 and 4204), Kosciusko, Ward 3
(U.S. Hwy 16), and Ethel (U.S. Hwy 12),
Attala County.............................
1282 TX Construction of streets in the White $9,250,000
Heather area of Houston...................
1283 MS Upgrade roads in Canton (U.S. Hwy 51, 22, $400,000
16 and I-55), Madison County..............
1284 IA Reconstruction of the Neal Smith Trail, $1,000,000
bicycle and pedestrian, Polk Co...........
1285 CA Rehabilitate pavement on Azusa Avenue and $500,000
San Gabriel Avenue in Azusa...............
1286 CA South Bay Cities COG Coastal Corridor $2,000,000
Transportation Initiative, Phase 3, El
Segundo...................................
1287 MS Upgrade roads in Terry, Edwards, Utica and $1,250,000
Bolton, Hinds County......................
1288 FL US 1 six laning from St. Lucie County line $1,000,000
to south of 4th St in Indian River County,
FL........................................
1289 MD Expand Route 29 in Howard County........... $5,000,000
1290 WA Issaquah SE Bypass......................... $5,000,000
1291 NY Town of Patterson Couch Road project....... $75,000
1292 MD US 220 MD 53 North South Corridor.......... $1,000,000
1293 NJ Improvements to Clove Road and Long Hill $2,750,000
Road in Little Falls and Upper Mountain
Ave. in Montclair.........................
1294 HI Study of East Hawaii Alternative Road, $200,000
Island of Hawaii..........................
1295 FL Town of Southwest Ranches Urban Interchange $2,000,000
1296 CA Long Beach Intelligent Transportation $2,000,000
System: Integrate functioning traffic
management center that includes the port,
transit, airport as well as the city's
police and fire departments, Long Beach...
1297 CA Almaden Expressway Improvements between $3,500,000
Branham Lane and Blossom Road, San Jose...
1298 AR Construct and rehabilitate University of $1,200,000
Arkansas Technology Corridor Enhancement
Project...................................
1299 CO US 550, New Mexico State Line to Durango... $6,000,000
1300 TX Construct bicycle and pedestrian trails in $750,000
Houston's historic Third Ward.............
1301 NY Village of Cold Spring Main St. sidewalk $250,000
and lighting improvements.................
1302 NY Village of Goshen Hatfield Lane $250,000
reconstruction............................
1303 SC Plan and build Interstate 73 from NC line $10,000,000
to Myrtle Beach, SC.......................
1304 TX IH-35E Bridge Reconstruction over Lake $1,000,000
Lewisville................................
1305 FL Construct College Road Improvements, Key $500,000
West, Florida.............................
1306 NY West Harlem Waterfront-ferry, intermodal $14,000,000
and street improvements...................
1307 CA Construct sound barriers at the I-805/S.R. $850,000
54 Interchange, National City.............
1308 NY Road projects that develop Access to Port $1,250,000
Byron and Erie Canal......................
1309 FL West Palm Beach, Florida, Flagler Drive $1,000,000
Reconfiguration...........................
1310 AL Construct extension of I-565 westward from $5,000,000
existing interchange to existing Tennessee
River bridges at Decatur, AL..............
1311 CT Construct Farmington Canal Greenway $2,500,000
enhancements, New Haven and Hamden........
1312 GA Replace sidewalks, upgrade lighting, and $400,000
install landscaping, Helena...............
1313 IA Upgrade US 30 ``Liberty Square'' in City of $9,500,000
Clinton, Iowa.............................
1314 HI Study of Waianae Coast Emergency Access $500,000
Road......................................
1315 NY Westchester County, NY Rehabilitation of $500,000
Lexington Ave, Mt. Kisco..................
1316 CA Widen and Improve County Line Road in $2,000,000
Calimesa..................................
1317 OH Construct turn lane, install traffic light, $600,000
and reorient traffic on SR 146 near
Bussemer Lane in Muskingum County.........
1318 RI Restore and Expand Maritime Heritage site $1,000,000
in Bristol................................
1319 OH City of Green, Ohio. Lauby Road exit $1,500,000
improvements..............................
1320 NY Construct Bicycle Path in Town of Bedford.. $500,000
1321 CA Compton Arterial Reconstruction and $4,000,000
Improvement Program, Compton..............
1322 MT Construction of S. 323 from Alzada to $12,000,000
Ekalaka in Carter County..................
1323 IL Improve Great River Road, Mercer County.... $500,000
1324 FL Normandy Blvd. & Cassat Ave. Transportation $500,000
Enhancements, Jacksonville................
1325 OH North Canton, OH Applegrove St. road $3,000,000
widening..................................
1326 MA Design & Build Cape Cod Bike Trail, with $4,000,000
Shining Sea Bikeway, to link core with
outer Cape communities & heavily visited
national sites............................
1327 TN Plan and construct N. Tennessee Boulevard $500,000
enhancements..............................
1328 NJ Quinn Road realignment, Clifton............ $3,000,000
1329 MO Reconstruct Interstate 44 and Highway 65 $16,300,000
Interchange...............................
1330 MN Reconstruct TH61 from Beaver Bay to Silver $6,800,000
Bay. Construction of Gitchi-Gami Spur
Trail between main trail and Silver Bay
Marina along TH61 roadway segment.........
1331 KY Reconstruction of KY259 in Edmonson County $1,000,000
from Green River Bridge at Brownsville to
Kyrock Elementary School..................
1332 LA Construction of a merge lane at the $500,000
intersection of I-10 and US 190...........
1333 AL Expand SR-210 (Ross Clark Circle) from $3,000,000
US231 North to US231 South in Dothan, AL..
1334 MD Construct interchange at MD Route 355 at $2,000,000
Montrose and Randolph Roads in Montgomery
County....................................
1335 CA Construct new interchange and related road $3,670,000
improvements on US101 near Airport Blvd,
Salinas...................................
1336 PA Construct the French Creek Parkway in $5,000,000
Phoenixville, PA..........................
1337 MN Capacity and safety improvements to TH 8, $7,200,000
west of 306th St. to eastern city limits,
Lindstrom.................................
1338 VA Eastern Seaboard Intermodal Transportation $1,500,000
Applications Center (ESITAC) in Hampton
Roads.....................................
1339 IL Construct underpass at intersection of $5,500,000
Damen/Fullerton/Elston Avenues, Chicago...
1340 AR Highway 165: Railroad Overpass............. $2,000,000
1341 FL Implement Snake Road (BIA Route 1281) $1,000,000
Widening and Improvements.................
1342 CA Construction of freeway between I-15 and US- $5,000,000
395.......................................
1343 OH Lake Township, Ohio. Market Avenue-Lake $2,200,000
Center intersections improvement..........
1344 CT Construct Quinnipiac Linear Trail, $1,000,000
Wallingford...............................
1345 MI Construction of a hike and bike path from $500,000
Riverbends Park, 22 Mile Road, to Stony
Creek Park, 25 Mile Road in Shelby
Township..................................
1346 IN Reconstruct Boston Street, from State Road $500,000
2 to Bach St., Larson-Whirlpool St. in
LaPorte, Indiana..........................
1347 OR Improvements to Bandon-Charleston State $4,200,000
Scenic Tour on Randolph Road and North
Bank Lane.................................
1348 VA Conduct study of Route 460 Corridor, $2,000,000
Virginia..................................
1349 NJ Construct Sparta Stanhope Road Bridge (AKA $1,000,000
Bridge K-07)..............................
1350 KY Reconstruct Turkeyfoot Road, Kenton County, $3,000,000
Kentucky..................................
1351 OH Construct additional lane to alleviate $800,000
traffic congestion on US 40 in and
adjacent to St. Clairsville...............
1352 CO 56th Avenue & Quebec Street Improvements $6,500,000
Phase I, Denver...........................
1353 OH Construct Truck Bypass--Orville, Ohio...... $6,004,400
1354 PA Conversion of Penn and Park Bridges located $50,000
over Spring Run in Altoona, Pa into
pedestrian bridges........................
1355 CA Coyote Creek Trail Project--Story Road to $2,500,000
Montague Expressway.......................
1356 PA Construct Cameron Street Bridge $1,000,000
Northumberland County, Pennsylvania.......
1357 OH Construct upgrade of SR 16 to 4 lanes from $3,000,000
SR 60 to SR 16 in Coschocton County.......
1358 OH Medina, Ohio. Guilford Avenue urban road $1,960,000
collector pavement reconstruction.........
1359 TN Improvements to I-40 interchange at I-240 $3,000,000
East of Memphis (Phase II)................
1360 WY Casper Bypass: Reconstruct Old Yellowstone $5,000,000
Hwy and 2nd St............................
1361 NY Construct sidewalks and roadway $600,000
improvements on Oscawana Lake Road in the
Town of Putnam Valley.....................
1362 LA Engineering and right of way acquisition $10,000,000
for I-49 Corridor.........................
1363 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Edwardsville Borough, Luzerne County...
1364 IL Foster Avenue at Kedzie Avenue Streetscape. $2,000,000
1365 WV Construct I-73/74 High Priority Corridor, $11,200,000
Mercer Co.................................
1366 NY Improve Long and Short Beach Road, $2,100,000
Southampton...............................
1367 CA Modify I-880 & Stevens Creek Boulevard $12,000,000
Interchange to ease traffic congestion in
San Jose..................................
1368 NY Improve road and streetscape along Prospect $1,000,000
Avenue in North Hempstead.................
1369 CA Palm Drive & Interstate 10 interchange $2,750,000
project...................................
1370 MN Reconstruct TH 36 from expressway to $6,000,000
freeway in North St. Paul.................
1371 CA Construct I-580 Interchange Improvements in $1,200,000
Castro Valley.............................
1372 AL Expand US331 from Luverne, AL to $3,000,000
Montgomery, AL............................
1373 TX Construction of highway medians, pedestrian $500,000
walkways for City of South Padre Island...
1374 NY Construct Rt. 12 intersection between $2,400,000
Pamela Drive-River Road--Located in the
Town of Chenango..........................
1375 IL Construct Streetscape Project, Village of $800,000
Robbins...................................
1376 GA Effingham Parkway to Connect SR119 to SR30. $3,000,000
1377 MD Construct Phase 2 of the Jones Falls Trail $4,000,000
from Baltimore Penn Station to the
Maryland Science Center on the Inner
Harbor....................................
1378 IL For Will County for engineering and right- $500,000
of-way acquisition to extend 95th Street
from Plainfield-Naperville Road east to
Boughton Road.............................
1379 PA Construct Valley Business Park Access Road $2,700,000
C, Bradford County........................
1380 LA Improve by widening, realigning, & $2,000,000
resurfacing 3.2 miles of LA Hwy 820 btwn
LA Hwy 145 & LA Hwy 821...................
1381 IN 45th Street Improvements, Munster.......... $500,000
1382 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 124.................
1383 VT Construction and engineering for the $1,085,514
Vermont Smugglers Notch Scenic Highway
Corridor Southern Gateway and Notch Proper
Facilities................................
1384 OH Planning and construction of a network of $950,000
recreational trails in Perry Township.....
1385 GA Construction of the Truman Linear Park $1,260,000
Trail--Phase II...........................
1386 NJ Pedestrian and bicycle facilities, and $750,000
street lighting in Haddon Heights/
Barrington................................
1387 CA Reconstruct interchange at I-10 and $2,000,000
Riverside Avenue to improve traffic in
Rialto....................................
1388 CA Reconstruct Bloomfield Av. with medians $400,000
from Carson St. to north city limits in
Hawaiian Gardens..........................
1389 SC Extension of Wells Highway, Oconee County, $2,000,000
South Carolina............................
1390 CA Reconstruct Paramount Bl. with medians and $600,000
improve drainage from Artesia Bl. to
Candlewood St. in Long Beach..............
1391 IL Reconstruction of 5th Street Road (FAS 569) $952,570
in Logan County, IL.......................
1392 WA Reconstruction of SR99 (Aurora Ave N) $2,000,000
between N 145th St and N 205th St.........
1393 NY Page Green--Phase III--Reconstruction of $3,600,000
2.6 miles. Town of Virgil, Cortland County
1394 MI Gogebic County, Reconstruct Lake Road in $805,000
Ironwood from Margaret Street to Airport
Road......................................
1395 GU Piti, GU Construct Cabras Island Intermodal $6,000,000
Facility..................................
1396 IN Redevelop and Complete the Cardinal $3,000,000
Greenway and Starr-Gennett Area in the
City of Richmond, Indiana.................
1397 NY Rehabilitate and redesign Erie Canal Museum $400,000
in Syracuse, NY through the Erie Canalway
National Heritage Corridor Commission.....
1398 OH Construction of 6.25 mile bicycle project $500,000
in Mahoning County........................
1399 NM I-40/Munoz Reconstruction in the City of $1,500,000
Gallup....................................
1400 TX Rehabilitate Yale Street between IH10 to $1,000,000
IH610.....................................
1401 CA Reconstruct Long Beach Bl. with medians and $3,000,000
improve drainage from Palm Av. to Tweedy
Bl. in Lynwood............................
1402 CA Expand carsharing pilot program to serve $2,000,000
low- and moderate-income neighborhoods in
the City and County of San Francisco......
1403 FL Implement Kennedy Boulevard corridor $2,500,000
improvements to improve safety in Tampa...
1404 MD Construct Broadneck Peninsula Trail, Anne $1,500,000
Arundel County, Maryland..................
1405 MO Relocation and reconstruction of Rt MM from $15,680,000
Rt 21 to Rt 30............................
1406 MN Replace three at-grade highway-railroad $2,000,000
crossings with grade-separated crossings
adjacent to Winona State University.......
1407 CA Construct Traffic flow improvements Vincent $750,000
and Lakes Drive, West Covina..............
1408 CA Construction of an interchange located at $3,000,000
the intersection of future State Route 65
and Ferrari Ranch Road-Westwood in Placer
County....................................
1409 KS Construct highway-rail grade separation $14,000,000
from Douglas Avenue to 17th Street North
in Wichita, KS............................
1410 OH Conduct Phase II of U.S. Route 68 bypass $2,300,000
project in Urbana.........................
1411 GA Construct sidewalks and install $500,000
landscaping, Vienna.......................
1412 TX Extension of FM 1427 in Penitas............ $700,000
1413 MD MD 124, Woodfield Road, from Midcounty $2,000,000
Highway to Warfield Road..................
1414 CA Rio Vista Bridge Realignment Study & Street $700,000
Sign Safety Program.......................
1415 CO SH 121--Bowles Ave Intersection and Roadway $2,000,000
Improvements, Jefferson County, Colorado..
1416 NY Implement Improvements for Pedestrian $1,000,000
Safety in Queens County...................
1417 NY Repair and improve Jericho Turnpike (NYS $2,000,000
HWY 25) and construct streetscapes along
the Turnpike in New Hyde Park.............
1418 GA SR 316/SR 20 interchange construction $500,000
Gwinnett, County..........................
1419 IL Construct Pedestrian walkways and $4,210,000
streetscaping projects in the Village of
Western Springs...........................
1420 WA SR 518 corridor--Improvements to SR 518-509 $1,000,000
interchange and addition of eastbound
travel lane on a portion of the corridor..
1421 CA Development and construction of $3,000,000
improvements to State Route 79 in the San
Jacinto Valley............................
1422 MN Construct roadway improvements on the Great $6,960,000
River Road on CSAH 10 and CSAH 21, Aitkin
County....................................
1423 WA Conduct preliminary engineering and EIS for $10,000,000
Columbia River Crossing in WA and OR......
1424 NC Greensboro Signal System Replacement ITS $12,500,000
Enhancement Project.......................
1425 MN Reconstruction of 1 mile of CR 107 from $500,000
CSAH 2 to Highway 11 and 71, Koochiching
County....................................
1426 OH Plain Township, Ohio. Market Avenue $5,000,000
widening..................................
1427 LA Construct right of way improvements from $2,000,000
Third St. at James St. to LA. Hwy. One at
Broadway St. Acquire property at Third St.
and Winn St...............................
1428 PA State Street Bridge Rehabilitation, Hamburg $1,500,000
1429 OH Construct Flats East Bulkhead and $4,150,000
Riverwalk: construct bulkhead and
riverwalk connecting Front and Maine Ave..
1430 NY Construct/reconstruct Lincoln Road: $900,000
Commercial Street to Route 31F in the Town-
Village of East Rochester.................
1431 OH Acquire land and construct Portage Bike and $1,000,000
Hike Trail, Portage Co....................
1432 NC Continued development of Cary, NC $1,500,000
pedestrian bike paths.....................
1433 TX Cottonflat Road overpass at Interstate 20.. $1,500,000
1434 NY Improve Rt. 17M access, safety and traffic $750,000
management................................
1435 OH Safety improvements to Paris Avenue $1,500,000
intersections and Meese Rd. and Easton
St.--Nimishillen Township, Ohio...........
1436 CA Alameda Corridor-East Construction $300,000
Authority, San Gabriel Valley.............
1437 WA Construct a tunnel as part of the Bremerton $21,000,000
Pedestrian-Bremerton Transportation Center
Access Improvement project................
1438 NC Expand Derita Road......................... $2,000,000
1439 NJ Hoboken Observer Highway Operational and $2,500,000
Safety Improvements.......................
1440 CA Reconfigure San Fernando Road from Fletcher $7,000,000
Drive to I-5 Fwy, Los Angeles.............
1441 NY Construction of an access road, drainage $2,430,000
improvements, and aesthetic enhancements
adjacent to Ocean Parkway in the Town of
Babylon, NY...............................
1442 TX Construct highway improvements on E. $2,800,000
Tidwell, Ley Rd, and E. Little York Rd....
1443 AZ Construct pedestrian and bicycle overpass $3,000,000
at McDowell Road & 35th Avenue in Phoenix.
1444 TX Reconstruct I-30 Trinity River Bridge, $20,000,000
Dallas....................................
1445 PA Armstrong and Indiana County, Pennsylvania, $2,000,000
U.S. 422 Improvements.....................
1446 TX Bicycle and Pedestrian Trail Network in $9,600,000
East Austin...............................
1447 NV Construct I-15 Cactus Avenue............... $10,000,000
1448 AL I-65 Widening from U.S. 31 in Alabaster $8,000,000
(Exit 238) to AL 25 in Calera (Exit 228)..
1449 NY Improve Route 4 Streetscape and replace $4,350,000
waterlines, Town and Village of Fort
Edward, Washington County.................
1450 OH Planning and construction on bike paths and $1,000,000
trails as part of Phases III-VI in
Ashtabula Metroparks Western Reserve
Greenway..................................
1451 CO Construction of Powers Boulevard and $8,000,000
Woodman Road interchange, Colorado Springs
1452 MN Environmental review for TH8 upgrade, $600,000
Forest Lake to Chisago City...............
1453 MD Construct Pedestrian Bridge and Garage at $2,100,000
Coppin State University in Baltimore......
1454 MD Historic Preservation and Traffic $1,800,000
Improvements along Liberty Heights Ave.
and in Druid Hill Park in Baltimore.......
1455 NC I-85 in Vance County....................... $1,000,000
1456 PA Design and construct interchange and $6,000,000
related improvements at I 83 Exit 19......
1457 IL Preconstruction and Construction at IL 31 $2,420,000
from Bull Valley Road to IL 176...........
1458 MS Replace Popps Ferry Road Bridge, Biloxi.... $4,000,000
1459 IL Reconstruct Lakeshore Drive Overpass over $1,500,000
Wilson avenue, Chicago....................
1460 AL Pedestrian Improvements for Moody, AL...... $100,000
1461 MA Design and construct Canal and Union Street $800,000
Corridor improvements, Lawrence...........
1462 OH Construct new two lane road to Sycamore $1,250,000
Street in Gallia County...................
1463 AL Construct interchange on Interstate 85 at $500,000
Beehive Road in Auburn, AL................
1464 ME Improvements to the Interconnecting Trail $500,000
System for bike/pedestrian trails near
Baxter State Park.........................
1465 TX ROW acquisition for 87 Relief Route........ $1,500,000
1466 WA Restore and construct historic Naches Depot $500,000
and Trail project.........................
1467 GA S.R. 20 widening from I-575 to S.R. 369, $1,000,000
Cherokee County...........................
1468 IL Road Construction and reconstruction in the $2,300,000
Village of Hampshire: Keyes Ave.,
Industrial Drive Overlay, and Mill Avenue.
1469 IL Conduct study and design of Chicago North $1,000,000
lakefront path expansion project..........
1470 MS I-59 interchange at US 84 and SR 15, Laurel $2,000,000
1471 TX Improvements to IH-35E from US 77 North of $3,000,000
Waxahachie to US 77 South of Waxahachie...
1472 MO Scudder Road and I-170 Interchange $2,000,000
Improvements, St. Louis County............
1473 GA Construct and Improve Cobb County Trails... $1,500,000
1474 MS Extend SR 590 from US 11 to SR 29 near $3,500,000
Ellisville................................
1475 IN Improve Intersection at Jackson Street and $560,000
Morrison Road in the City of Muncie,
Delaware County, Indiana..................
1476 CO Construction of McCaslin Boulevard US 36 $1,000,000
Interchange in Superior...................
1477 MA Route 128 Improvements--Route 114 in $2,000,000
Peabody to Route 62 in Danvers............
1478 TX Lubbock, Texas Construction for Marsha $5,600,000
Sharp Freeway main lanes between Chicago
and Salem Avenues.........................
1479 NH South Road Mitigation in Londonderry....... $1,000,000
1480 NY Paul Road--Fisher Road Improvements, Town $4,000,000
of Chili, Monroe County...................
1481 CA Construct truck lane on Keystone Road from $2,500,000
State Route 111 to Austin Road, Imperial
County....................................
1482 MS Construct East Metropolitan Corridor $5,000,000
linking I-20 at Brandon to Hwy 25 at
Flowood...................................
1483 LA Leeville Bridge, Port Fourchon to Golden $5,000,000
Meadow....................................
1484 GA National Infantry Museum Transporation $3,000,000
Network...................................
1485 AL Interchange at I-65 and Limestone County $1,000,000
Road 24 Constuction.......................
1486 PA Project to realign intersection of King of $1,649,000
Prussia Road and Upper Gulph Road to
provide turning lanes and signalization...
1487 MO Construct diamond interchange at US 71 and $2,000,000
Business 71 in Maryville..................
1488 SD Construction of four-lane highway on US 79 $7,500,000
between Maverick Junction, and the
Nebraska border...........................
1489 IL 130th and Torrance Avenue Intersection $9,000,000
Improvement, Chicago......................
1490 OK Improvements to Hereford Lane and US 69 $1,000,000
Interchange, McAlester....................
1491 GA Athens-Clarke County Bike Trail Project.... $1,400,000
1492 CT Construct UCONN Storrs Campus-Hillside Road $5,000,000
1493 NM I-25, Tramway North to Bernalillo, $2,000,000
Reconstruction............................
1494 NJ Planning for Liberty Corridor.............. $500,000
1495 OR Sellwood Bridge Replacement--Multnomah $2,000,000
County....................................
1496 NM Statewide ITS Deployment................... $200,000
1497 FL Acquire Land and Construct the Englewood $3,000,000
Interstate Connector in Sarasota County,
Florida...................................
1498 NY Elevate and construct drainage improvements $3,000,000
to Beach Road, Canal Road, and Sea Breeze
Road in Massapequa, New York..............
1499 TX Design and construction streetscape $1,000,000
improvements in Midtown, enhance
pedestrian access.........................
1500 NY Replace sidewalk along Route 9A in Hamlet $330,000
of Montrose, Town of Cortlandt............
1501 MN Construction and widening of TH241 in the $2,000,000
city of St. Michael, MN...................
1502 GA I-75 lanes from Aviation Boulevard to SR $1,500,000
54, Clayton County........................
1503 VT Construction and rehabilitation of the $1,386,000
Cross Vermont Trail for the Cross Vermont
Trail Association.........................
1504 NY Construction of a new ramp from 9A $1,775,000
Southbound to Taconic State Parkway
Southbound, Westchester County............
1505 NY Restore vehicular traffic to Main Street in $5,000,000
Downtown Buffalo..........................
1506 MI Construction of 5 lane concrete pavement $8,000,000
with curb, gutter and sewer on Romeo Plank
Road from M-59 to 23 Mile Road in Macomb
Township..................................
1507 NY Enhance road and transportation facilities $50,000
in the vicinity of the Brooklyn Children's
Museum....................................
1508 IL Construct and expand Northwest Illinois US $3,000,000
Rte 20 from Freeport to Galena, IL........
1509 CA Construction of new roadway lighting on $1,000,000
major transportation corridors in the
Southwest San Fernando Valley.............
1510 MO Construct Interstate flyover at Hughes Road $18,000,000
and Liberty Drive to 76th Street. Part of
Liberty Parkway Project...................
1511 CA Freeway 180 Improvements Fresno............ $9,500,000
1512 NY Construct sidewalks and curbs on Valley $450,000
Road in Town of Bedford...................
1513 OK Construction of rail crossing in Claremore $2,000,000
at Blue Star Drive and SH66...............
1514 IL Improve U.S. Route 34 from Kewanee to $500,000
Kentville Road............................
1515 IL For Naperville Township to fund $200,000
improvements to North Aurora Road.........
1516 WA Kent--Construct a single point urban $1,000,000
interchange (SPUI) under I-5 at South
272nd St..................................
1517 TN Construct Interpretive Visitor Center for $1,000,000
the Cherokee Removal Memorial Park Trail
of Tears site in Meigs County, TN.........
1518 GA Create a greenway trail along the Oconee $2,000,000
River connecting parks, preserving
historic sites, and promoting economic
development...............................
1519 PA Design, engineering, ROW acquisition, & $400,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Dunmore Borough, Lackawanna County.....
1520 PA Add turn lane, modify signals and install $2,430,000
pavement markings at intersection of PA422
and PA662 in Amity Township...............
1521 WI Construct bicycle/pedestrian path and $3,500,000
facilities in the Central park area of
Madison...................................
1522 VA Expand Route 15 29 in Culpeper, Virginia... $2,000,000
1523 WV Fairmont Gateway Connector System to $22,000,000
provide an improved highway link between
downtown Fairmont and I-79 in the vicinity
of Fairmont...............................
1524 OR Construct Barber Street extension, $3,000,000
Wilsonville...............................
1525 FL Four-laning SR 281 (Avalon Boulevard) in $12,500,000
Santa Rosa County from Interstate 10 to
north of CSX RR Bridge....................
1526 OR Interstate 5 Interchange at City of Coburg. $9,000,000
1527 IL Construction of a bridge at Stearns Road in $2,000,000
Kane County, Illinois.....................
1528 TX East 7th Street Improvements in Austin..... $525,000
1529 GA Rebuild SR-10 Memorial Drive for bicycle $2,000,000
and pedestrian safety, from Mountain Drive
to Goldsmith Road, Dekalb County..........
1530 NJ Provide an alternative route for traffic $2,000,000
passing though congested SR 31 corridor in
Flemington NJ.............................
1531 CA Construction of a smart crosswalk system at $50,000
the intersection of Arminta St. and Mason
Ave.......................................
1532 WI Reconstruct U.S. Highway 41 north of Lake $15,400,000
Butte des Morts Bridge, Wisconsin.........
1533 PA Improvements to 8th and 9th Street bridges $490,000
between Pleasant Valley Blvd. and Valley
View Blvd, Altoona, PA....................
1534 LA Construction of a direct intermodal truck $13,000,000
access road from Interstate 210 to the
City Docks of the Port of Lake Charles....
1535 TX Construct Links Hike & Bike Trail Project. $500,000
2.2 mile trail project connecting Gaylord
Texan to Grapevine Mills Mall, Grapevine,
TX........................................
1536 GA Construct sidewalks between Marion Middle $300,000
School, City Park, and Community Center,
Buena Vista...............................
1537 IL Construct a four lane connection between $1,000,000
Rt. 13 and Rt. 45.........................
1538 MI Plymouth, Haggerty Road from Plymouth Rd. $500,000
to Schoolcraft Rd.........................
1539 TN Provide streetscape improvements and $250,000
pavement repair, Greenback, Tennessee.....
1540 IA Reconstruction of NE 56th St, eastern Polk $1,000,000
Co........................................
1541 IL Relocate Pocket Road for Access to $500,000
Racehorse Business Park, Alorton..........
1542 CT Construct roadway on East Commerce Drive, $500,000
Oxford, CT................................
1543 TN Niota, TN Improve vehicle efficiencies at $57,000
highway At-Grade Railroad Crossing........
1544 FL Plan and Construct 17th Street connector in $2,000,000
the City of Sarasota, FL..................
1545 VT Reconstruction and widening of U.S. Route 5 $1,500,000
for the Town of Hartford..................
1546 MO Relocate the entrance to the Shaw Nature $500,000
Reserve that is being altered due to a
redesign of the Gray Summit I-44
interchange project.......................
1547 DC Replace and reconstruct South Capitol $30,000,000
Street/Frederick Douglass Memorial Bridge.
1548 MI Complete 13.8 miles of nonmotorized $2,000,000
pedestian Fred Meijer Heartland Trail of
30.1 miles................................
1549 MO Roadway improvements on U.S. 60 from Willow $10,000,000
Springs to the Van Buren Area.............
1550 UT Construct Parley's Creek Trail............. $5,000,000
1551 ME Construction of Calais/St. Stephen Border $5,000,000
Crossing Project..........................
1552 FL Alleviate congestion at Atlantic Corridor $2,000,000
Greenway Network, City of Miami Beach, FL.
1553 MD Construction of MD 331 Dover Bridge........ $4,318,000
1554 NY Improve Traffic Flow on Noel Road between $1,000,000
Church and Crossbay Boulevard Including
Work Necessary to Demolish and Reconstruct
the Firehouse Facility....................
1555 PA Construct 9th and 10th Street bridges over $7,000,000
Norfolk Southern Tracks, Lebanon..........
1556 AS Drainage mitigation in Malaeloa-Leone $1,400,000
village roads.............................
1557 CA Improve I-8 off ramp at Ocotillo to the $1,000,000
Imperial Valley College Desert Museum/
Regional Traveler Visitor Center, Imperial
County....................................
1558 CA Install new grade separation at Ranchero $5,000,000
Road in Hesperia..........................
1559 NY Bartow Ave Ramp and Reconstruction at the $1,600,000
Hutchinson Parkway........................
1560 FL Airport Access Rd., Gainesville............ $1,000,000
1561 WA Intersection project at South Access-522 $3,000,000
beginning and ending at the UWB-CCC campus
to improve access and alleviate congestion
1562 NJ Reconstruction of CR 530 from RT 206 to CR $10,000,000
644. Construct shoulders, travel lanes,
center turn lane, drainage improvements &
traffic signal............................
1563 NY Improve SCCC roads, Fallsburg.............. $1,500,000
1564 CA Add turn lane and adaptive traffic control $1,600,000
system at intersection of San Tomas
Expressway and Hamilton Avenue in Campbell
1565 CA Interchange improvements at Rice Avenue and $3,300,000
U.S. Highway 101 in the City of Oxnard....
1566 GA Northside Drive Multi Modal Corridor....... $2,000,000
1567 GA Replace sidewalks, meet ADA guidelines, and $400,000
install a crosswalk, McRae................
1568 TX Ritchie Road from FM 1695 to US 84, Waco... $3,000,000
1569 AR Maumelle Interchange--for third entrance $500,000
into Maumelle.............................
1570 CT Construct bike/pedestrian path, Shelton.... $1,000,000
1571 MD Rehabilitate Roadways Around East Baltimore $5,500,000
Life Science Park in Baltimore............
1572 AL City of Vestavia Hills Pedestrian Walkway $1,000,000
to Cross U.S. 31..........................
1573 IN Replace Samuelson Road Underpass, Portage.. $3,162,890
1574 IL Construct Commuter Parking Structure in the $3,700,000
Central Business District in the vicinity
of La Grange Road.........................
1575 PA Design and construct inner loop roadway $500,000
around Shippensburg Boro..................
1576 WV Construct I-73/74 High Priority Corridor, $12,000,000
Mingo Co..................................
1577 NY Roadway improvements to Jackson Avenue $2,250,000
between Jericho Turnpike and Teibrook
Avenue....................................
1578 OR Rogue River Bikeway/Pedestrian Path, Curry $600,000
County....................................
1579 CA San Gabriel Blvd Intersection Improvements $200,000
at Broadway and at Las Tunas, San Gabriel.
1580 NY Improvements to Erie Station Road, Town of $1,000,000
Henrietta, Monroe County..................
1581 IA Sioux City, Iowa Hoeven Corridor--Outer $1,500,000
Drive Project.............................
1582 KY Study & rehabilitate the I-471 corridor, $2,000,000
Campbell County, Kentucky.................
1583 WA Construct railroad overpass spanning three $1,000,000
mile section of SR501 from MP 0 and MP 3..
1584 NY Construction and rehabilitation of North $780,000
and South Delaware Avenues in the Village
of Lindenhurst, NY........................
1585 NY Study on extending Rt. 5 to Auburn......... $150,000
1586 AL Expand US-84 from Andalusia, AL to $3,000,000
Enterprise, AL............................
1587 NJ Susse County, NJ Safety and Operational $3,800,000
Improvements on Route 23 in Hardyston
Township and Franklin Borough.............
1588 PA State Street and Mulberry Street Bridge $4,000,000
Lighting project, Harrisburg..............
1589 AS To upgrade, repair and continue $1,600,000
construction of Ta'u harbor/ferry terminal
facility on Manu'a island.................
1590 CA Interstate 15 and State Route 79 South $2,000,000
Freeway Interchange and Ramp Improvement
Project...................................
1591 OH Road Improvements, streetscapes, and $1,000,000
pedestrian safety additions in Ashtabula
Harbor....................................
1592 NY Town of East Fishkill improvements to $500,000
Robinson La & Lake Walton Road at NYS
Route 376.................................
1593 WI Construct a bicycle/pedestrian path, $2,000,000
Wisconsin Dells...........................
1594 NY Construct improvements in Sight Distance at $200,000
Road Grade and Trail Corssings in Oneida
and Herkimer Counties.....................
1595 NY Repair Silver Mine Bridge in the Town of $150,000
Lewisboro.................................
1596 IL River walk Reconstruction, City of Chicago. $600,000
1597 AR Rogers, Arkansas--Construct new interchange $4,400,000
on I-540 near the existing Perry Road
overpass..................................
1598 IN Design and construct Indiana Ohio River $20,000,000
Bridges Project on I-65 and 265...........
1599 RI Transportation Enhancements at Blackstone $500,000
Valley Heritage Corridor..................
1600 TX Reconstruction of US 79 from FM 1460 to $2,000,000
Williamson County Road 195................
1601 CA Transportation enhancements to Children's $1,200,000
Museum of Los Angeles.....................
1602 IN Construct Shelby County Indiana Shelbyville $500,000
Parkway...................................
1603 NY Reconstruct the Niagara Street culvert/ $400,000
bridge which crosses over Two Mile Creek,
City of Tonawanda.........................
1604 MA Reconstruction of Main Street and Lebanon $700,000
Street in Melrose.........................
1605 OH Construct the existing IR 70 interchange at $11,550,000
US 40, SR 331 west of St. Clairsville.....
1606 GA Install traffic lights and pedestrian $500,000
walkways on Highway 441 at MLK, Jr.
Boulevard, Dublin.........................
1607 OH Pike County, OH Fog Road Upgrade........... $1,000,000
1608 CA Project design, environmental assessment, $500,000
and roadway construction of Lonestar Road
from Alta Road to Enrico Fermi Drive San
Diego County..............................
1609 CA Project Study Reports for I-105 and I-405 $400,000
Interchanges at Los Angeles International
Airport...................................
1610 CA Reconstruct Whittier Blvd. and improve $1,700,000
parkway drainage from Philadelphia Av. to
Five Points in Whittier...................
1611 NY Rockland County Railroad Grade Crossings $1,400,000
Safety Study..............................
1612 TX San Angelo Ports-to-Plains Route Loop 306 $1,500,000
at F.M. 388...............................
1613 MN City of Hutchinson School Road Underpass of $1,000,000
TH7 and TH22 Improvements.................
1614 TN Construct and widen SR-33 in Monroe County, $5,000,000
TN........................................
1615 PA Construct the realignment of Cool Creek $1,000,000
Road in York County, PA...................
1616 NJ Construct Waterfront Walkway from North $2,000,000
Sinatra Drive and 12th St. south to
Sinatra Drive in Hoboken..................
1617 TX Add shoulders to FM 156 from Ponder, Texas $1,000,000
to Krum, Texas............................
1618 NJ Bridge replacement on Section 6V of Route 1 $2,000,000
from Ryders Lane to Milltown Road, North
Brunswick.................................
1619 MN Construct Two Harbors High School Trail $891,600
connecting Two Harbors High School to Two
Harbors City..............................
1620 SC Construct I-85 Brockman-McClimon $1,000,000
Interchange between Greenville Spartanburg
Airport and SC Highway 101 interchanges...
1621 IA Fort Madison, IA Construction of US 61 $2,500,000
bypass around Fort Madison to create a
safer and faster route....................
1622 PA Germantown Avenue Revitalization with Mt. $2,320,000
Airy USA for landscaping, scenic
enhancements and pedestrian safety
improvements along the heavily traveled
thoroughfare..............................
1623 NM I-10 Reconstruction , Las Cruces to Texas $3,000,000
State Line................................
1624 TX IH 820 Widening Project.................... $2,000,000
1625 IL For Naperville Township to fund $600,000
improvements to Diehl Road between Eola
Road and Route 59.........................
1626 KS Remove and Replace Topeka Blvd. Bridge over $6,000,000
the Kansas River..........................
1627 VA Clifton, VA Main Street parking and $250,000
sidewalk improvements.....................
1628 SC Replace Milford Road Bridge, Anderson, SC.. $500,000
1629 LA Improvements to Essen Lane at I-12; and to $30,000,000
Perkins Rd.; and to Central Thruway; and
to O'Neal Lane; an to Burbank Dr.; and to
Essen Park Extension; and for LA408 study.
1630 GA Streetscape project for lighting and $300,000
landscaping on Main Street along Georgia
Highway 231, Davisboro....................
1631 IA City of Council Bluffs and Pottawattamie $1,000,000
county East Beltway Roadway and Connectors
Project...................................
1632 OR U.S. 199/Laurel Road Intersection.......... $2,000,000
1633 CA Conduct project report study on Old River $500,000
School Rd--Firestone Blvd intersection
reconfiguration...........................
1634 FL Conduct study for Port of Miami Tunnel, $2,000,000
Miami, FL.................................
1635 NY Ithaca, Design and construct pedestrian and $1,200,000
bicycle path (Cayuga Waterfront Trail)....
1636 NC Rails to Trails Project, Elizabeth City.... $640,000
1637 IL Reconstruct Lakeshore Drive overpass over $1,500,000
Lawrence Avenue...........................
1638 SC Replace Murphy Road West Bridge, Anderson, $235,000
SC........................................
1639 CA Resurface and construct truck lane at CA $3,000,000
Hwy 94 and Interstate 8 interchange,
Boulevard.................................
1640 CT Undertake road improvements associated with $2,000,000
Coltsville Area Redevelopment, Hartford...
1641 AZ Upgrade and Re-opening of Main Street in $1,200,000
Yuma......................................
1642 NJ Pedestrian facilities, street lighting and $596,324
streetscaping improvements in downtown
Laurel Springs............................
1643 MS Upgrade Blue Cane Road in Tallahatchie $750,000
County, and roads in Webb and Tutwiler....
1644 OH Upgrade circuitry on vehicle protection $140,000
device at Sheldon Road rail crossing in
Berea.....................................
1645 NY Design and construct Upper Delaware Scenic $500,000
Byway Visitor Center, Cochecton...........
1646 NY Construct sidewalks and curbing on $275,000
Westchester Avenue in Village of Buchanan.
1647 NC Downtown Redevelopment Project, City of $6,336,000
Rocky Mount...............................
1648 TX Construction of divided four lane concrete $1,000,000
arterial with drainage improvements--Sandy
Lake Road: Denton Tap Rd to North Coppell
Road......................................
1649 IL Preconstruction and Construction at IL 120 $1,365,000
at Bacon Road and Cedar Lake Road.........
1650 GA Revitalization project will extend and $500,000
resurface the Roberta Walking Trail,
Roberta...................................
1651 KY Construct Westbound Access to Mountain $2,900,000
Parkway from Exit 18 (KY 1057), Powell
County....................................
1652 NC Development of 2 miles of road parallel to $1,500,000
I-95 located approximately between the I-
95/NC-125 interchange and I-95/US-158
interchange...............................
1653 CA Engineering, right of way and construction $5,000,000
of HOV lanes on I-580 in the Livermore
Valley, California........................
1654 IL Construct Streetscape Project, City of $500,000
Markham...................................
1655 CA Landscape south side of the 91 fwy at $250,000
Bellflower Blvd in Bellflower.............
1656 MA Southwick and Westfield Rail Trail, Design $5,000,000
& Construction............................
1657 VA Upgrade DOT crossing #467665M to constant $194,600
warning time devices......................
1658 TX Reconstruct and add two lanes to US 287 $3,000,000
from the Oklahoma State line to US 54 in
Stratford.................................
1659 WY Casper West Belt Loop...................... $2,000,000
1660 MN Munger Trail extension, City of Duluth..... $3,200,000
1661 AK Bogard/Sheldon Extension in Matanuska- $4,000,000
Susitna Borough...........................
1662 CA City of Redondo Beach Esplanade Improvement $1,000,000
Project...................................
1663 MN Kandiyohi and Meeker Counties Hwy 7 between $2,000,000
TH 71 and TH 22...........................
1664 NJ Construction of Rowan Boulevard from US $600,000
Route 322 to Main Street, Glassboro.......
1665 CA Conduct Study of SR 130 Realignment $2,000,000
Project, San Joaquin County & Santa Clara
County, CA................................
1666 CA Passons Grade Separation in the City of $3,700,000
Pico Rivera...............................
1667 MD Construct South Shore Trail, Anne Arundel $1,000,000
County, MD................................
1668 NJ Realignment of the Routes 35/36 $2,000,000
intersection in Eatontown.................
1669 IN Construct Hoosier Heartland Highway in Cass $2,000,000
and Carroll County, Indiana...............
1670 MI Oscoda County, Reconstruction and surfacing $960,000
of Valley Road from M-33 west to Mapes
Road......................................
1671 TX Reconstruct Precinct Line Road 2-lane $1,000,000
bridge as 4-lane bridge and widen Precinct
Line Road to 4-lane roadway from SH 10 to
Trammel Davis Rd..........................
1672 CT Reconstruct Waterfront Street Corridor, New $1,500,000
Haven.....................................
1673 TN Improving Vehicle Efficiencies at At-Grade $99,000
highway-Railroad Crossing in Philadelphia,
Tn........................................
1674 TX Mile 2 W from Mile 12 N to US83, Hidalgo $1,000,000
County....................................
1675 NY Reconstruction of West Neck Road from $3,000,000
Huntington-Lloyd Harbor boundary to the
end of the Village-maintained road........
1676 GA Rehabilitate sidewalks and replace street $500,000
lights, Swainsboro........................
1677 SC Replace Murphy Road East Bridge, Anderson, $265,000
SC........................................
1678 MO Access improvements and safety and mobility $5,000,000
upgrades along US 7 as part of the Highway
7 Corridor Development Plan in Blue
Springs...................................
1679 OH Construct Stearns Road Grade Separation, $3,750,000
Olmsted Township..........................
1680 CA Implement Grove Avenue Corridor Interstate $3,000,000
10 interchange improvements in Ontario....
1681 MA Construct & Replace West Corner Bridge & $1,000,000
Culvert, Rte 228, spanning Weir River
Estuary & Straits Pond Inlet..............
1682 OK Complete Reconstruction of the I-35-SH 9 $4,000,000
West Interchange..........................
1683 NJ Construct Rte 50 Tuckahoe River Bridge $4,000,000
Replacement, Cape May and Atlantic
Counties..................................
1684 NY Rt. 12 reconstruction- Town and Village of $4,110,000
Greene....................................
1685 MN Becker County CR 143 and CR 124 $960,000
Improvements..............................
1686 NY Construct and extend existing pedestrian $1,350,000
streetscape areas in Valley Stream........
1687 MI Construct Interchange at I-675 and M-13 $2,300,000
(Washington Avenue). Northbound Exit.
Phase I of Construction. City of Saginaw..
1688 OH Construct Cleveland Towpath Trail. 6-mile $4,000,000
extension towards downtown. Cleveland.....
1689 FL Construct widening of US 17 to 4 lanes from $16,300,000
San Mateo to Volusia County line, Putnam
County, Florida...........................
1690 MD Construct Phase 1 of the South Shore Trail $1,000,000
in Anne Arundel County from Maryland Route
3 at Millersville Road to I-97 at
Waterbury Road............................
1691 MI Construction of 5 lane concrete pavement $2,079,500
with curb, gutter and storm sewer on Van
Dyke Ave. from 23 Mile Road to 26 Mile
Road, Macomb Co...........................
1692 FL Design and construct replacement for A. Max $10,000,000
Brewer Bridge, Titusville.................
1693 NY Implement ITS system and apparatus to $100,000
enhance citywide truck route system on
Victory Blvd Between Travis Ave and West
Shore Expressway Travis Section of SI.....
1694 MI Purchase and implementation of various $12,430,000
Intelligent Transportation System
technologies in the Grand Rapids metro
region....................................
1695 WI Recondition USH 45 between New London and $2,000,000
Clintonville, Wisconsin (Waupaca County,
Wisconsin)................................
1696 CA Reconstruction of The Strand in the City of $2,000,000
Manhattan Beach to improve beach access
and accommodate increased pedestrian
traffic...................................
1697 CA Construction of new roadway lighting on $500,000
major transportation corridors in the
Northeast San Fernando Valley.............
1698 MD Rehabilitate Hanover Street Bridge in $1,500,000
Baltimore.................................
1699 NY Rehabilitation of Hornbeck Road in the Town $426,000
of Poughkeepsie...........................
1700 CA Rehabilitation of Tulare County Farm to $4,000,000
Market road system........................
1701 GA Riverside Drive Streetscape Project, Macon. $500,000
1702 GA South Lumpkin Road Trail-Columbus.......... $500,000
1703 CA Implement Northeast San Fernando Valley $200,000
Road and Safety Improvements..............
1704 NY Big Ridge Road: Spencerport Village Line to $2,500,000
Gillet Road in the Town of Ogden..........
1705 TX Build south bound ramp from east bound I-20 $5,000,000
to Clark Road at the southern terminus of
Spur 408. Duncanville, TX.................
1706 MS Plan and construct intermodal connector $1,000,000
linking I-20 to Hwy 49, Pearl-Richland....
1707 TN Reconstruct US 64 from west of Bolivar to $5,225,000
the Lawrence County Line in Hardemant,
McNairy, Hardin, Wayne Counties...........
1708 PA Improve safety of Route 145 in Whitehall $2,225,000
Township..................................
1709 GA Construct Stone Mountain-Lithonia road Bike $1,000,000
Lane and Sidewalks, Dekalb County.........
1710 OK Texanna Road improvements around Lake $1,000,000
Eufaula...................................
1711 PR To build an extension of PR-53 between $5,000,000
Yabucoa and Maunabo.......................
1712 IL To contruct a new intersection of a public $550,000
road and US Route 50 and a new street.....
1713 NC To plan, design and construct the Northwest $1,000,000
Corridor--Western Blvd. Project in
Jacksonville, NC..........................
1714 CT Upgrade Mark Twain Drive, Hartford......... $2,000,000
1715 CO CO I-70 East Multimodal Corridor (Highway $2,500,000
Expansion), Denver........................
1716 MS Upgrade roads in Indianola, Ruleville, $2,000,000
Moorehead, Doddsville, Sunflower and Drew,
Sunflower County..........................
1717 MS Upgrade roads in North Carrollton (U.S. Hwy $400,000
35 and 82) McCain Street, South Street,
Love Street, and Colver Street, Carroll
County....................................
1718 NJ Passaic-Bergen intermodal transportation $10,000,000
deployment initiative.....................
1719 IL Upgrade roads, The Village of Maywood...... $1,000,000
1720 PA Upgrade Route 30 Corridor and Airport $1,000,000
Access....................................
1721 GA Upgrade sidewalks and lighting, Lyons...... $500,000
1722 CA State Route 88--Pine Grove Corridor $500,000
Improvement Project.......................
1723 WA Tacoma--Lincoln Avenue Grade Separation.... $1,000,000
1724 NY Improve NY112 from Old Town Road to NY347.. $10,000,000
1725 NJ Construct I-195 Noise Barrier, Hamilton $750,000
Twp, Mercer County........................
1726 AR Highway 77 Rail Grade Separation........... $1,000,000
1727 WA Kent, WA Willis Street BNSF Railroad Grade $500,000
Separation Project........................
1728 MI Menominee, Ogden Street Bridge $200,000
rehabilitation project-replacement of
deck, expansion joints, sidewalks, railing
and all other joints......................
1729 VA Pochantas Trail--development and $500,000
construction of trail from Bluestone
Junction to Pochantas adjacent to
abandoned rail line.......................
1730 NY Suffolk County ITS arterial monitoring and $1,500,000
performance measures......................
1731 LA Conduct study for Highway 25 in Washington $500,000
Parish....................................
1732 IL Construction of the 43rd Street Bicycle $600,000
Pedestrian Bridge over Lake Shore Drive,
City of Chicago...........................
1733 NY To design and reconstruct Nassau Avenue, $2,400,000
improve sidewalks and include pedestrian
amenities in Greenpoint, Brooklyn.........
1734 OH Upgrade the I-480 and Tiedman Road $500,000
interchange, Brooklyn.....................
1735 NJ Interchange improvements and bridge $5,000,000
replacement, Route 46, Passaic County.....
1736 PR Construction of community bridge at Los $500,000
Lopez Sector, Quebrada Arenas Community...
1737 IA Construction of a Four Lane U.S. Highway 20 $9,000,000
between Moville in Woodbury County,
through Ida County and Sac County to U.S.
71 at Early, IA...........................
1738 AZ Paving of Navajo Route 9010 -off of I-40 at $2,000,000
Houck, AZ (Exit 348) to Pine Springs Day
School....................................
1739 OH Red Bank Road Improvements from I-71 to $3,600,000
Fair Lane in Eastern Hamilton County, Ohio
1740 CA Construct earthen berm along Esperanza Road $2,000,000
from Yorba Linda Blvd. to the west city
limits to mitigate noise..................
1741 TX Construct 6 mainlines from east of Mercury $2,000,000
to east of Wallisville....................
1742 NY Town of Chester Trout Brook road $70,000
improvements and reconstruction...........
1743 OR Upgrade the I-5 Fern Valley Interchange $3,000,000
(Exit 24).................................
1744 CA Construct I-80 Gilman Street interchange $1,500,000
improvements in Berkeley..................
1745 NJ Construct Vineland Boulevard and Sherman $1,750,000
Avenue Intersection Improvements,
Vineland, Cumberland County...............
1746 WA Terry's Corner Park and Ride on Camano $1,400,000
Island....................................
1747 OR Upgrade U.S. 101 and Utility Relocation, $200,000
Gold Beach................................
1748 WI Upgrade USH 41 from DePere to Suamico, $2,500,000
Wisconsin (Brown County, Wisconsin).......
1749 IL Upgrade Veterans Drive in Pekin Illinois... $1,000,000
1750 NY Saugerties, Improve Tissle Road-Old Kings $500,000
Highway intersection......................
1751 TX Design and Construct the Cottonwood Trail $1,000,000
pedestrian-bicycle connection.............
1752 NY Rehabilitation of the Ashford Ave. bridge $2,600,000
over I-87 in the Villages of Dobbs Ferry
and Ardsley...............................
1753 OH Streetscape completion along US 40 in $100,000
Bridgeport................................
1754 SD Design and construct new Meridian Bridge $4,500,000
across the Missouri River at Yankton......
1755 MD Upgrade MD 210 from MD 228 to I-495........ $5,000,000
1756 IL For DuPage County to construct certain $100,000
segments of Southern DuPage County
Regional Trail............................
1757 IA US 20 relocated, Webster, Sac and Calhoun $3,000,000
Counties, Iowa............................
1758 NJ Construction of new access roads along $1,000,000
Route 42/Blackhorse Pike in Washington
Township..................................
1759 CA Highways 152-156 Intersection improvements, $1,000,000
CA........................................
1760 AK Coffman Cove IFA ferry terminal............ $3,200,000
1761 MA Acquisition, engineering design, and $2,000,000
construction of the Assabet River Rail
Trail, Acton, Hudson, Maynard, and Stow...
1762 MI Conduct Feasibility Study to Extend I-475 $800,000
to US 23 in Genesee County................
1763 TX Construct a reliever route on US 287 South $3,000,000
of Dumas to US 287 North of Dumas.........
1764 TN construct new exit on I-75 and connect US- $4,500,000
11, US-411, and SR-30.....................
1765 PA Design, engineering, ROW acquisition & $1,750,000
construction of street improvements,
parking, safety enhancements & roadway
redesign in Pittston......................
1766 TX Dowlen Road Improvements for Beaumont, $3,456,000
Texas.....................................
1767 CA Construct Hwy 101 bicycle-pedestrian $500,000
project in Marin and Sonoma Counties from
north of Atherton Ave to south of Petaluma
River bridge..............................
1768 TX Construct raised median from Loop 224 to $3,220,000
Sradley St. in Nacogdoches, TX............
1769 OH Construction of bicycle trail extension in $500,000
Geauga Park District in Chardon, OH.......
1770 CA Extension of a regional Class I bikeway $400,000
from the West City limits to the East City
limits along leased railroad right-of-away
1771 AR For rail grade separations identified by $10,000,000
the MPO for the Little Rock/North Little
Rock metropolitan area, (which may
include: Edison Ave.; Springer Blvd; Hwy
89 Extension; McCain/Fairfax; Salem Road;.
1772 NY Court Street & Smith Street Shopping $800,000
District Enhancements.....................
1773 MA Hampshire County Bike Paths, Design & $5,500,000
Construction..............................
1774 NV Construct I-15 Starr Interchange........... $10,000,000
1775 CA Construct full-access interchange at SR 120- $4,000,000
McKinley Avenue, with the necessary SR120
auxiliary lanes, Manteca, CA..............
1776 CA Install emergency vehicle preemption $500,000
equipment along major arterials in the I-
880 corridor, Alameda County..............
1777 OH Construct a proposed relocation of US 22 $10,000,000
and SR 93 from the current IR 70, US 40
west of Zanesville........................
1778 CA Conduct Study and Construct I 205 Chrisman $1,000,000
Road Interchange Project, Tracy, CA.......
1779 IL Construction of part of a 230 mile corridor $1,700,000
extending from I-280at Rock Island to I-
270 south of Alton........................
1780 CA Construction of Campus Parkway from State $500,000
Route 99 to Yosemite Ave., Merced County..
1781 MI Construction of Superior Road Roundabout, $750,000
Superior Township.........................
1782 OR Construction and preliminary engineering of $200,000
a railroad crossing at the intersection of
Havlik Road and Hwy 30, Scappoose.........
1783 FL Clark Road Clover Leaf at I95, Jacksonville $5,500,000
1784 PA Construct and widen PA 94 from the Adams $1,500,000
and York County line north to Appler Road.
1785 IL For the reconstruction and realignment of 2 $2,000,000
miles of Evergreen Ave. located west of
the City of Effingham.....................
1786 IN Improve State Road 332 and Nebo Road $2,930,000
Intersection in Delaware County, Indiana..
1787 LA LA 18 Widening (Avondale to US 90), $800,000
Jefferson Parish, Louisiana...............
1788 WI Construct Lake Butte des Morts Bridge, US $25,600,000
Highway 41, Winnebago County, Wisconsin...
1789 MA North Worcester County Bike Paths, Design & $5,000,000
Construction..............................
1790 TX Old Reliance Road Overpass at SH6 (Earl $2,500,000
Rudder Freeway)--widening project in
Brazos Co.................................
1791 IA Phase III of Main St project, Amana........ $1,000,000
1792 MN Re-align Vadnais Boulevard at interchange $1,000,000
of I-694/Highway 49, Ramsey County........
1793 CA Reconfigure intersection at Highways 152 $10,650,000
and 156 in Santa Clara County.............
1794 KY Construct Georgetown Northwest Bypass from $3,000,000
US 460 West to I-75 North, Scott County...
1795 AZ Grand Canyon Greenway Trails............... $1,500,000
1796 NY Remediate road runoff in vicinity of $1,000,000
Peconic Estuary watershed.................
1797 MS Construct I-55 Interchange at Madison- $5,000,000
Ridgeland, Madison County.................
1798 OH Construction of road improvements from $150,000
Richmond Road to new Cuyahoga Community
College in Warrensville Heights, OH.......
1799 MI Construction of the I-696 and Northwestern $2,000,000
Highway Interchange Freeway Ramps at
Franklin Road in Southfield...............
1800 OH Construct access improvements to I-680 and $2,000,000
internal roadways for Corridor of
Opportunity, Mahoning Co..................
1801 NY Mount Vernon Railroad Cut.................. $2,250,000
1802 TX Reconstruct and add two lanes to IH 27 from $3,000,000
Western Street in Amarillo to Loop 335....
1803 CO SH83-SH88 Interchange Reconstruction-- $4,000,000
Arapahoe County, CO.......................
1804 NY Town of Pawling Old Rt 55.................. $500,000
1805 IL Upgrade Curtis Road in conjunction with $7,000,000
state plan for I-57 interchange; from
Duncan Rd to 1st Street in Champaign......
1806 MO Upgrade Rt. 249 [Range Line] from Rt. 171 $10,000,000
to I-44...................................
1807 VA Bland County Trails and Visitor Center-- $1,000,000
establishment of multi-use trail network,
associated facilities and begin work on
visitors center...........................
1808 NH Upgrade Sewalls Falls Road bridge over $1,000,000
Merrimack River in Concord................
1809 IL Perform Old Orchard Road Expansion and $1,000,000
improvement project between harms road and
US 41, Cook County........................
1810 MN Design engineering and ROW acquisition to $1,000,000
reconstruct TH 95 bridge, North Branch....
1811 NY Tappan Zee Bridge to I287 Transportation $1,000,000
Corridor..................................
1812 CA Upgrade and reconstruct the I-80/I-680/SR12 $21,000,000
Interchange, Solano County................
1813 MD US 219 Oakland Bypass...................... $1,000,000
1814 NC US 221 widening from US 421 to Jefferson, $2,000,000
NC........................................
1815 IL Complete 80,000lb truck route between CH2 $3,000,000
(Burma Rd) and IL Rte 130 in Cumberland
County....................................
1816 CA Improvement of intersection at Burbank $400,000
Blvd. and Hayvenhurst Ave.................
1817 OH Construct pedestrain bridge over I77; $2,000,000
tunnel underneath railroad; bridge over
Tuscarawas River along OH and Erie Canal
in Tuscarawas County......................
1818 MN Lake Street Access to I-35W, Minneapolis... $6,000,000
1819 WI Upgrade USH 2 in Ashland County............ $4,000,000
1820 OR Construct an urban arterial street between $3,700,000
NE Weidler and NE Washington on NE 102nd,
Portland..................................
1821 CA Construct an Interchange on Highway 70 at $2,000,000
Georgia Pacific Road in Oroville..........
1822 AZ Construct or Modify Railroad Grade $13,300,000
Separations on 6th St. and 22nd St. and
Reconstruct Speedway Blvd. Underpass in
Tucson....................................
1823 FL Construct North Ormond Beach Business Park $1,100,000
Interchange at I-95 between U.S. 1 and SR
40, Volusia County........................
1824 MN Environmental review for improvement along $1,300,000
the entire US 10 corridor.................
1825 NY Construct visitor center, access road, and $750,000
parking at Sam's Point Preserve,
Ellenville................................
1826 OH Installation of road improvements on Old $100,000
State Road-SR 608 in Middlefield, OH......
1827 WA To replace BNSF trestle, Sammamish River $2,000,000
bridge and reconstruct SR202/127th Pl NE
and SR202/180th Ave NE intersections......
1828 PA Completion of beltway interchanges along $1,000,000
Business Route 60 in Moon Township,
Allegheny County..........................
1829 TX US 290 Improvements in Austin, TX.......... $3,000,000
1830 CA City of Madera, CA Improve SR99-SR145 $2,000,000
Interchange...............................
1831 AL Construct a new interchange on I-65 at $1,000,000
Cullman, AL County Road 222...............
1832 VA Improve transportation projects for $3,750,000
Jamestown 2007............................
1833 MI Design and construction of West Michigan $3,000,000
Regional Trail Network connector to link
two trail systems together and to Grand
Rapids....................................
1834 TN Plan and construct a bicycle and pedestrian $9,000,000
trail including enhancements, Murfreesboro
1835 AZ Replacement of Safford Bridge which crosses $3,500,000
the Gila River directly north of Safford,
AZ on North 8th Avenue....................
1836 TX Design & construct streetscape improvements $1,000,000
to Old Spanish Trail--SH 288 to Griggs,
Griggs to Mykawa..........................
1837 TN For each rail-highway crossing: Improve $57,000
circuitry on vehicle protection device
installed at crossing in Knoxville, TN....
1838 OH Reconstruct Broadway Ave in Lorain......... $750,000
1839 OH Road Widening and related improvements to $3,410,000
SR 82 in Macedonia OH.....................
1840 MN Reconstruct CSAH 4 and CSAH 5 ( Forest $1,740,000
Highway 11) between CSAH 15 and TH 61,
Silver Bay................................
1841 CA Ramona Avenue Grade Separation, Montclair, $2,000,000
California................................
1842 MN Roadway improvements, City of Federal Dam.. $1,000,000
1843 VA Rocky Knob Heritage Center-- planning, $1,500,000
design, site acquisition and construction
for trail system and visitors center on
Blue Ridge Parkway........................
1844 FL Design and construct capacity and safety $2,000,000
improvements for State Road 426--County
Road 419 in Oviedo from Pine St to west of
Lockwood Blvd.............................
1845 FL Coordinated Regional Transportation Study $1,500,000
of US 98 from Pensacola Bay Bridge,
Escambia County to Hathaway Bridge, Walton
County, Florida...........................
1846 PA Paving and reconstruction in the townships: $2,000,000
North and South Eldorado, North Altoona,
Fairview, Juniata, East End, Pleasant
Valley, South Tracks, Lyswen-Altoona, PA..
1847 AK Construct access road connection from $3,000,000
Seward Highway to rail and airport
facilities in Seward......................
1848 AZ Realign Davis Road from State Route 80 to $3,300,000
State Route 191...........................
1849 PA Reesdale Street roadway reconfiguration to $1,000,000
allow HOV access to new parking facility..
1850 WA SR 538 (College Way) and North 26th St. $175,000
Signal in Mount Vernon....................
1851 TX Acquisition of right of way and $12,000,000
environmental preservation from I-45 to
U.S. 59 for Grand Parkway.................
1852 ID Reconstruct Grangemont Road (Idaho Forest $2,000,000
Highway 67) from Orofino to Milepost 9.3..
1853 VA Expansion of South Airport Connector Road $7,000,000
(Clarkson Road to Charles City)...........
1854 NY Design and Construction of bicycle and $480,000
pedestrian facilities in the area of the
Roosevelt Avenue Bridge...................
1855 NC Construct Endor Iron Furnace Greenway $1,000,000
enhancements from Deep River to Sanford...
1856 CO Improve and widen State Highway 44 from $4,000,000
Colorado Boulevard to State Highway 2.....
1857 FL Fund improvement of US 301 corridor in $2,000,000
Sumter and Marion Counties................
1858 TN complete construction and landscaping of $100,000
visitor center on Cherohala Skyway in
Monroe County, TN.........................
1859 OR Construction of the East Burnside Street $3,700,000
improvements, Portland....................
1860 AL Expand to 4 lanes US Highway 278 from $1,000,000
Sulligent to Guin.........................
1861 IL Francis Cabrini/W. Green Homes CHA Street $600,000
Construction, City of Chicago.............
1862 NY Plan and construct bicycle path, esplanades $10,000,000
and ferry landing along New York Bay in
Sunset Park, Brooklyn.....................
1863 PA Construct Dubois Regional Medical Center $600,000
Access Road...............................
1864 NY To design and construct safe route to $550,000
school projects in Brooklyn, Queens and
Manhattan, NY.............................
1865 PA US 30 corridor improvements from PA 896 to $3,000,000
PA 897. Connects PA 41....................
1866 MD US 40 Alternate, Middletown Bypass......... $5,000,000
1867 CA Construction of a smart crosswalk system at $50,000
the intersection of Topanga Canyon Blvd.
and Gault St..............................
1868 WI Expand USH 51 & STH 29 in Marathon County.. $8,000,000
1869 PA Construct 2 flyover ramps and S Linden St $7,000,000
ext for access to industrial sites in the
cities of McKeesport and Duquesne.........
1870 NY Construct 4-lane bypass roadway along US $130,000
Route 6 in Lake Mohegan parallel to
Strawberry Road in Yorktown ending in Town
of Cortlandt Manor........................
1871 NY Construct pedestrian walkway along Route 9A $5,000,000
in Hudson River Park, New York City.......
1872 IN Design engineering, right-of-way $2,000,000
acquistion, and construction for the Grant
County Economic Corridor..................
1873 MN City of Marshall TH 23 4-Lane Extension.... $3,288,000
1874 IL Henry Horner Homes CHA Street Construction, $1,000,000
City of Chicago...........................
1875 TN Improve circuitry on vehicle protection $158,000
device installed at highway-RR crossing in
Knoxville, TN.............................
1876 NJ Construct Intersection at Route 46 and $1,500,000
Little Ferry Circle in Little Ferry.......
1877 AR Improve State Highway 88 (Higdon Ferry $4,000,000
Road) in Hot Springs......................
1878 MD Improve US 1, Washington Boulevard Corridor $1,000,000
in Howard County..........................
1879 NY Downtown Flushing Traffic and Pedestrian $1,000,000
Improvements..............................
1880 FL Arlington Expressway Access Rd., $1,500,000
Jacksonville..............................
1881 CO Construct arterial on W side of Montrose to $7,500,000
ease traffic congestion on SH 550 between
Grand Avenue, N/S of city.................
1882 CO North I-25: Denver to Fort Collins Colorado $8,000,000
1883 CA Planning for Orange Line Mag Lev from $350,000
downtown Los Angeles to central Orange
County....................................
1884 NJ Rahway Streetscape Replacement Project..... $500,000
1885 CT Reconstruct I-95/I-91 interchange and $2,000,000
construct pedestrian walkway, New Haven...
1886 VA Blue Ridge Music Center--install lighting/ $1,500,000
steps, upgrade existing trail system and
equip interpretative center with visitor
information...............................
1887 VA Ceres Recreation Trail and Center--design $150,000
and construct pedestrian/bicycle trail in
community of Ceres and establish trail
center....................................
1888 ME Construction of trails within the Eastern $1,000,000
Trail Management District.................
1889 GA 1-75 interchanges from north of Tifton to $1,000,000
Turner County line........................
1890 GA City of Savannah, Construct bike and $200,000
pedestrian paths along Heritage Rail......
1891 FL Implementation of the Advanced Traffic $2,000,000
Managament System, Boca Raton, FL.........
1892 TX Construct reliever route on US 287 South of $3,000,000
Stratford to US 287 North of Stratford....
1893 WI Construct HSH 151 between CTH D and STH $3,000,000
175, Fond du Lac County, WI...............
1894 OH Construct transportation enhancement $10,500,000
projects, Toledo..........................
1895 TX Contruct grade separation at US59 and SH99. $5,000,000
Replace the proposed interim cloverleaf
ramps at the intersection.................
1896 MS Gateways Transportation Enhancement $250,000
Project, Hancock County...................
1897 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of IS 194.................
1898 OK Improvements to SH412P at I-44 Interchange. $4,500,000
1899 FL Acquire right-of-way and construct East- $3,000,000
West Connector from SR 37 to SR 563 in
Lakeland, FL..............................
1900 WA Design Valley Mall Blvd for Main St to I-82 $6,400,000
and two I-82 interchanges at Mileposts 36
and 38 in Union Gap, WA...................
1901 WA Extension of Waaga Way west to Old Frontier $500,000
Rd and construction of a ramp from SR3 to
SR303.....................................
1902 ME Plan and construct highway access between $1,000,000
US Route 161 and US Route 1 in Madawaska..
1903 CA Randolph St improvements between Wilmington $1,200,000
Ave and Fishburn Ave in Huntington Park...
1904 CA Reconstruct Azusa Ave and San Gabriel Ave $2,500,000
for two-way traffic in Azusa..............
1905 KS Construction of a 1.5 mile alternate truck $500,000
route in Downs, Kansas....................
1906 AL Pedestrian Improvements for Columbiana, AL. $100,000
1907 MN Reconstruct CSAH 91 from the D.M. and I.R. $5,000,000
Railroad crossing at 8th Street in Duluth
to CSAH 56, St Louis County...............
1908 NY Construct Wayne County, NY rails to trails $345,000
initiative................................
1909 MA Design and construct signal crossing and $750,000
other safety improvements to Bicycle/
Pedestrian Path...........................
1910 MI Construction of Nonmotorized Pathway, City $300,000
of Rockwood...............................
1911 WA Purchase of scenic easement at I-90 and $600,000
Highway 18................................
1912 PA Reconstruct the SR 33, 512 interchange in $2,500,000
the Borough of Wind Gap...................
1913 NY Access improvements for terminal located on $4,000,000
12th Ave between W. 44th and W. 54th St in
Manhattan.................................
1914 IL Completion of the Grand Illinois Trail, $1,292,500
Cook County...............................
1915 CA Construct and improve medians and drainage $1,700,000
on Imperial Highway from west border to
east border of city in La Mirada..........
1916 CT Construct Pomfret Pedestrian Bridge........ $120,000
1917 NV Construct Laughlin Bullhead City Bridge.... $2,000,000
1918 PA Design, engineering, ROW acquisition, & $1,000,000
construction of the widening of
Pennsylvania Rt. 443 Corridor in Carbon
County....................................
1919 NY Palisades Interstate Parkway Mitigation $600,000
Measures for New Square...................
1920 CA Reconstruct and widen Del Amo Blvd to four $3,000,000
lanes between Normandie Ave and New
Hampshire Ave, Los Angeles County.........
1921 MN Reconstruct Unorganized Township Road 488 $1,025,000
from CSAH 138, Koochiching County.........
1922 NY Reconstruction of Empire Boulevard......... $6,400,000
1923 PA Reconstruction of PA 309 from Greenwood $2,500,000
Avenue to Welsh Road......................
1924 TN Construction of I-69 in Obion, Dyer, $14,125,000
Lauderdale & Tipton Counties..............
1925 IL Design, land acquistion, and construction $2,000,000
of South Main St (IL 2) Corridor from
Beltline Rd to Cedar Street in Rockford,
IL........................................
1926 OH Grading, paving, roads for the transfer of $12,500,000
rail to truck for the intermodal facility
at Rickenbacker Airport...................
1927 MA Reconstruction of Pleasant Street, $2,000,000
Watertown.................................
1928 MN Lake Wobegon Trail corridor from Sauk $352,000
Centre to the Stearns County line.........
1929 RI Replace Sakonnet Bridge.................... $2,000,000
1930 CA Conduct study and construct CA State Route $5,000,000
239 from State Route 4 in Brentwood area
to I-205 in Tracy area....................
1931 MA Geometric improvements, safety enhancements $1,500,000
and signal upgrades at Rt. 28 & Rt. 106,
intersection West Bridgewater.............
1932 WA Fife--Widen 70th Ave. East and Valley Ave. $1,000,000
East......................................
1933 CA Construct two right hand turn for Byzantine $400,000
Latino Quarter transit plazas at Normandie
and Pico, and Hoover and Pico, Los Angeles
1934 WA I-90 Two-Way Transit-HOV Project........... $4,000,000
1935 AL Construct Talladega Mountains Natural $500,000
Resource Center--an educational center and
hub for hikers, bicyclists, and
automobiles...............................
1936 MD Gaithersburg, MD Extension of Teachers Way-- $1,400,000
Olde Towne Gaithersburg Revitalization....
1937 IL Intersection Reconstruction and Bridge $2,500,000
Rehabilitation at IL 60 and Peterson Road.
1938 AK Planning, design, and EIS of Bradfield $2,300,000
Canal Road................................
1939 TX Reconstruct Clinton Dr. from Federal Rd. to $14,000,000
N. Wayside Dr.............................
1940 GA Pave portions of CR 345, CR 44, and CR 45, $370,000
Hancock County............................
1941 NY Deer Avoidance System, to deter deer from $250,000
milepost marker 494.5, Ripley, PA, to
304.2., Weedsport, NY along I-90..........
1942 CA El Camino Real Grand Blvd Initiative in San $3,500,000
Mateo County..............................
1943 CA Construct Guadalupe River Trail from I-880 $7,000,000
to Highway 237 in Santa Clara County......
1944 TN Cocke County, Tennessee SR-32 $500,000
reconstruction............................
1945 IL Construct I-80, Ridgeland Ave. $1,000,000
Improvements, Tinley Park.................
1946 KY Construct Pedestrian Mall and Streetscape $3,905,000
Improvements, Wilmore.....................
1947 PA PA 23 corridor improvements from US 30 to $2,450,000
US 322....................................
1948 NJ Replacement and realignment of Amwell Road $555,000
Bridge over Neshanic River................
1949 FL City of Wilton Manors Powerline Road $375,000
Streetscape Enhancement Project...........
1950 TX Construct SH 199 (Henderson St.) through $7,000,000
the Trinity Uptown Project between the
West Fork and Clear Fork of the Trinity
River in Fort Worth.......................
1951 IN Construction of multi-use paths, Town of $250,000
Fishers, Indiana..........................
1952 OH Construct White Pond Dr. project in Akron.. $1,000,000
1953 MN Design and right of way acquisition for I- $1,000,000
35E-CSAH 14 Main Street Interchange, city
of Lino Lakes, Minnesota..................
1954 OR Expand storage facilities in Eugene to $2,500,000
support transportation enhancement
activities throughout the state...........
1955 CA Improvements to US-101 ramps between $400,000
Winnetka Ave. and Van Nuys Blvd...........
1956 IN Acquire right of way for and construct $3,000,000
University Parkway from Upper Mt. Vernon
Road to SR 66.............................
1957 CA Pine Avenue extension from Route 71 to $8,500,000
Euclid Avenue in the City of Chino,
California................................
1958 MO Confluence Greenway Land Acquisition for $700,000
Riverfront Trail development in St. Louis.
1959 TN Retrofit noise abatement walls in Davidson $2,500,000
County....................................
1960 MA Road Improvements between Museum Road & $4,000,000
Forsyth Way...............................
1961 MI Commerce, Haggerty Road from 14 Mile to $1,500,000
Richardson................................
1962 WI Expand STH 23, County Highway OJ to US $15,000,000
Highway 41, WI............................
1963 FL Construct interchange at I-95 and Matanzas $1,000,000
Woods Parkway, Flagler County.............
1964 IL Miller Road Widening and Improvement, $7,955,000
McHenry...................................
1965 NC Construct Neuse River Trail in Johnston $2,000,000
County....................................
1966 TX Construct landscaping and other pedestrian $2,000,000
amenities in segments of the Old Spanish
Trail and Griggs Road rights-of-way.......
1967 NY Construction of and improvements to Union $1,000,000
Road and Walden Avenue in Cheektowaga.....
1968 LA Construction of West Covington Bypass--LA $4,000,000
21 Widening...............................
1969 MS Construct Byrd Parkway Extension, Petal.... $1,000,000
1970 NY Intermodal transportation improvements in $3,300,000
Coney Island..............................
1971 MN Construct one mile of new roadway and a $3,280,000
bridge crossing the DM&IR railroad tracks,
and construct connector between CSAH 14
and CSAH 284, Proctor.....................
1972 NH Construct Park and Ride, Exit 5 on I-93-- $2,000,000
Londonderry, NH...........................
1973 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Exeter Borough, Luzerne County.........
1974 PA Extension of River Road in Reading, PA to $1,500,000
provide access to major industial and
brownfields sites.........................
1975 AK Point MacKenzie in Matanuska-Susitna $1,000,000
Borough plan and design road access.......
1976 TX Repair 4.35 miles of Lake Ridge Parkway. $6,000,000
Widen roadway along with 2 bridges from 4
lanes to 6 across Joe Poole Lake in Grand
Prairie, TX...............................
1977 IL Robert Taylor Homes CHA Street $550,000
Construction, City of Chicago.............
1978 OR Rockwood Town Center for Stark Street from $1,750,000
190th to 197th for pedestrian, bicycle and
transit facilities and safety mitigation..
1979 PA Route 89 Curve Realignment one mile north $300,000
of Titusville on Route 89.................
1980 FL Sand Lake Road Improvements between $6,000,000
Presidents Drive and I-4..................
1981 MI Sault Ste. Marie, Reconstruct East Spruce $950,000
Street with drainage, curb, gutter,
pavement, traffic control devices.........
1982 MI Study and construct I-96/US31-Sternberg $6,000,000
Road area improvements....................
1983 PA Provide access to HOV ramp from Reedsdale $2,000,000
Street with traffic signals, pavement
markings, lane control and fast acting
gates.....................................
1984 IL The extension of MacArthur Blvd. from $1,500,000
Wabash to Iron Bridge Road. Springfield...
1985 IL Construct Cedar Creek Linear Park Trail, $500,000
Quincy....................................
1986 IN Conduct study for US50 Corridor $300,000
Improvements, Dearborn County Indiana.....
1987 IL Design, land acquisition, and construct $2,000,000
West State St (US Business 20) from
Meridan Rd to Rockton Ave in Rockford, IL.
1988 CA The Foothill South Project, construct 16 $10,000,000
miles of a six-lane limited access highway
system....................................
1989 MI Construct Road Improvements to Miller Rd. $3,000,000
from I-75 to Linden Rd. Flint Township....
1990 CA State Route 99 improvements at Sheldon Road $4,000,000
1991 KY The Kentucky Multi-Highway Preservation $1,600,000
Project...................................
1992 NY Town of Warwick, NY. Bridge replacement on $175,000
Buttermilk Falls Rd.......................
1993 TN Improve existing two lane highway to a four $5,500,000
lane facility along the US-412 Corridor
west of Natchez Trace to US-43 at Mt.
Pleasant..................................
1994 NY Town of Warwick, NY East Shore Road $800,000
reconstruction............................
1995 FL Traffic Reconfiguration of SR 934 and US 1 $1,000,000
Route, Miami..............................
1996 PA For design, engineering, ROW acquisition, $300,000
and construction of the third phase of the
Marshalls Creek Bypass Project in Monroe
County, Pennsylvania......................
1997 MI Construct North Central Muskegon County $2,300,000
Corridor Improvements at US 31 and Russell
Road......................................
1998 OH Reconstruct I-75/I-475 Interchange, Toledo. $3,000,000
1999 NY College Point 20th Avenue Streetscapes $700,000
Improvements Project in Queens............
2000 OH Construct a 4 lane limited access road to $750,000
link Newcomerstown and Cadiz..............
2001 CO Construct trail to extend the Pequonnock $500,000
Valley rail-trail through Trumbull and
into Bridgeport, CT.......................
2002 MS Plan and Construct Star Landing Corridor $2,000,000
from US 78 to US 61.......................
2003 TX I Road Between Nolana Loop and FM 495 in $1,900,000
Hidalgo County............................
2004 NC North Carolina. Add passing lanes and $2,000,000
safety improvements to US Hwy. 64 in
Transylvania County.......................
2005 TN Improve streetscape and pavement repair, $300,000
Blount County, TN.........................
2006 CT Reconstruction of State Route 111 from $1,500,000
Purdy Hill Road to Fan Hill Road, Monroe,
CT........................................
2007 IL Resurface Trumbull Ave. and Homan Ave., $400,000
Evergreen Park............................
2008 GA HWY 78 Corridor Improvement Gwinnett County $500,000
2009 TX Construct Southwest Bypass in Georgetown, $4,000,000
Texas, between SH29 and Ranch Road 2243...
2010 MO To improve U.S. 54 to a four lane highway $1,000,000
from the Osage River to MO Route KK.......
2011 MS Upgrade roads in Mayersville (U.S. Hwy 14 $200,000
and 1), Issaquena County..................
2012 MA Gainsborough St. & St. Botolph St. $750,000
Improvements..............................
2013 IN Construct US 31 Kokomo Corridor Project for $1,000,000
Kokomo Howard County, Indiana.............
2014 OH Construction of Tri-State Outer Belt in $2,000,000
Lawrence County...........................
2015 PA Completion of I-79-Kirwin Heights $2,000,000
Interchange and construction of retaining
walls, bridge and new ramps...............
2016 OH Construction of the Carroll Area $3,000,000
Interchange in Fairfield County...........
2017 CA Construct the Silicon Valley Transportation $2,500,000
Incident Management Center in San Jose....
2018 CA Design and Construction Camino Tassajara $1,000,000
Crown Canyon to East Town Project,
Danville, CA..............................
2019 NY Dutchess County, Replace County Bridge BIN $400,000
3343110 over Fishkill Creek, Philips Road,
Town of East Fishkill.....................
2020 WI North 28th Street Phase 2 roadway safety $1,280,000
improvements from Weeks Avenue to Hill
Avenue in Superior........................
2021 NC Upgrade US 74 in Columbus County........... $7,000,000
2022 MS Upgrade US 78 to Interstate Standards from $4,000,000
the MS-TN state line to the MS-AL state
line......................................
2023 IN Improve Bailie Street, Kentland............ $320,000
2024 CA Realignment of La Brea Avenue to reduce $3,640,000
congestion................................
2025 IL Resurface Elston Avenue from Milwaukee to $2,000,000
Pulaski, Chicago..........................
2026 TN Sullivan, Washington Counties, Tennessee SR- $2,000,000
75 widening...............................
2027 GA US 17/SR 404 Spur, Back River bridge $4,000,000
replacement, Savannah.....................
2028 MS US 98 access improvements & new I-59 $4,000,000
interchange, Lamar County.................
2029 VA Construct South Airport Connector, Richmond $500,000
International Airport.....................
2030 NY City of Peeskill, NY Street Resurfacing $130,000
Program. Riverview Avenue.................
2031 GA SR 400 at SR 120 Old Milton Parkway $1,000,000
intersection improvement Fulton County
Georgia...................................
2032 MA East Boston Haul Road Construction......... $6,000,000
2033 NY Town of Goshen Orzeck Road reconstruction.. $400,000
2034 VA Revitalize Main Street in Dumfries......... $725,000
2035 FL Replace Platt Street Bridge................ $3,000,000
2036 FL Access Rd. Streetscaping, Sanford Airport.. $500,000
2037 NY Rockland County and City of Yonkers to $1,000,000
Lower-Manhattan Ferry Boat project........
2038 SC Complete construction of Palmetto Parkway $6,000,000
(I-520) Extension (Phase II) to I-20......
2039 NM US 62-180 Reconstruction, Texas State Line $5,000,000
to Carlsbad...............................
2040 IL US Rt 30 between Williams Street and IL Rt $6,000,000
43 for signals, turn & or deceleration
lanes at 80th Ave, Wolf Rd, Lincoln Way HS
and Locust St.............................
2041 OH Construct Orchard Lane to Factory Road $500,000
Connector, Greene County..................
2042 TX Construction of vessel impact protection $500,000
system for TXDOT..........................
2043 NC Design and construction of the Airport Area $5,000,000
Roadway Network, High Point, North
Carolina..................................
2044 VA Repair Colorado Street bridge in Salem, $1,500,000
Virginia..................................
2045 CA Project to evaluate air quality and $100,000
congestion mitigation benefits of a Hybrid
Utility Vehicle in Santa Barbara County...
2046 PA Mill Street improvements, Borough of $900,000
Lansdale..................................
2047 MN Construction of County State Aid Highway $3,200,000
21, Scott County, MN......................
2048 PA Safety improvement to Chesnuts Turn--SR $2,600,000
475, Fulton County, PA....................
2049 TX Two direct connectors in Houston, Texas $5,000,000
between IH 10 and SH 99, The Grand Parkway
2050 MO Upgrade of Rt. 71 from Pineville to $15,000,000
Arkansas State Line.......................
2051 CA Improve interstates and roads part of the $25,000,000
Inland Empire Goods Movement Gateway
project in and around the former Norton
Air Force Base............................
2052 IL Preconstruction activities for Sangamon $500,000
Valley Bicycle Trail (IL).................
2053 MI St. Clair County Parks is working with 13 $500,000
local units to develop the 54-mile Bridge-
to-Bay trail..............................
2054 NJ New Jersey Underground Railroad for $320,000
preservation, enhancement and promotion of
sites in New Jersey.......................
2055 CA Construction of an interchange at Lammers $1,000,000
Road and I-205, Tracy, CA.................
2056 MN Right of way acquisition for St. Cloud $3,000,000
Metro Area Project Development Studies....
2057 NY Improve CR39 from NY27 to NY27A, Suffolk $3,000,000
County....................................
2058 PA Street improvements, Borough of Ambler..... $650,000
2059 KY Reconstruction of KY61 from Greensburg in $1,000,000
Green County to Columbia in Adair County..
2060 TX Construct Loop 12-IH 35E and SH 183 west $1,000,000
extension to MacArthur, Irving, Texas.....
2061 NC To plan, design, and construct the segment $1,000,000
of Berkeley Blvd. from Royal Avenue to Hew
Hope Rd (SR 1003) in Goldsboro, NC........
2062 OH Upgrade Manchester Rd. in Akron............ $4,000,000
2063 IL St. Charles Road, The Village of Bellwood.. $1,000,000
2064 TN Engineer, design & construction of $9,000,000
connector rd from I-75 interchange across
Enterprise South Industrial Park to Hwy 58
in Hamilton County........................
2065 TX Construct 4 lane divided roadway along SH $1,000,000
71 from the Perdernales River to Bee Creek
2066 CT I-84 Danbury Exits 1-11 Upgrade $1,500,000
Interchanges..............................
2067 CA Complete the engineering design and acquire $5,000,000
the right-of-way needed for the Arch-
Sperry project in San Joaquin County......
2068 UT Increase lane capacity on bridge over $3,000,000
Virgin River on Washington Fields Road in
Washington................................
2069 NY Installation of Utica Traffic Signal System $3,000,000
2070 NC To construct an interchange at an existing $4,000,000
grade separation at SR 1602 (Old
Stantonsburg Rd.) and U.S. 264 Bypass in
Wilson County, NC.........................
2071 WA US 12 Burbank to Walla Walla: Construct new $3,300,000
four lane highway for portion of US 12....
2072 TX Construct direct connectors on US 59 $1,500,000
Intersection of US 59, Business 59 and US
77 (previously Loop 463)..................
2073 OH Structural improvements to two bridges over $500,000
the Zimber Ditch between 38th St. and
Whipple Ave. in Canton, Ohio..............
2074 OK US 281, Widen US 281 from the new US 281 $1,000,000
Spur North to Geary Canadian County, OK...
2075 MI City of Negaunee, Croix Street $1,125,000
reconstruction-Streetscape and resurfacing
from US 41 to Maas Street.................
2076 KS Construct I-35 and Lone Elm Road $5,000,000
interchange and widen I-35 from 51st St.
to 59th St., Olathe.......................
2077 MI Integrated highway realignment and grade $500,000
separations at Port Huron, MI to eliminate
road blockages from NAFTA rail traffic....
2078 OK US-60, Widen US-60 between Bartlesville and $3,000,000
Pawhuska, Osage County, OK................
2079 WA Construct an off-ramp from I-5 to the $500,000
intersection of Alderwood Mall Blvd and
Alderwood Mall Pkwy.......................
2080 CA Reduce congestion and boost economies $5,000,000
through safer access to the coast by
realigning Hwy 299 between Trinity and
Shasta Counties...........................
2081 IL Pre-construction and construction $1,000,000
activities on US 45/LaGrange Road from
131st Street to 179th Street..............
2082 AR Van Buren, Arkansas--Widen and reconstruct $3,000,000
Rena Road.................................
2083 GA Construction of infrastructure for inter- $6,500,000
parcel access, median upgrades, lighting,
and beautification along Highway 78
corridor..................................
2084 CA Construct Alviso Bay Trail from Gold Street $1,000,000
in historic Alviso to San Tomas Aquino
Creek in San Jose.........................
2085 MS Construct bicycle and trolley path, $850,000
Hattiesburg...............................
2086 WI Construct a bike and pedestrian bridge $300,000
across STH 100 at the 1800 block of S.
108th Street, West Allis..................
2087 IL Increasing the height on the IL Rt. 82 $3,000,000
Railroad Underpass in Geneseo, IL.........
2088 NC US-70 Goldsboro Bypass..................... $1,000,000
2089 CA Vasco Road Safety Improvements, Contra $1,000,000
Costa Transportation Authority and the
County of Alameda Public Works, California
2090 NY Downtown Flushing Multi-Modal Connection $1,100,000
Project, Queens...........................
2091 MD Construct Safety and Operations $1,700,000
Improvements at MLK Jr. Blvd. and W.
Baltimore Street in Baltimore.............
2092 NY Rehabilitate Riis Park Boardwalk........... $300,000
2093 TX Construct 25 mile stretch of the 177-mile $11,500,000
loop, between IH-45 south and SH-288......
2094 UT Construction of Midvalley Highway, Tooele $1,000,000
County, Utah..............................
2095 WA Improve Willapa Hills bicycle and $200,000
pedestrian trail between Rainbow Falls
State Park and Adna.......................
2096 PA Design and construct interchange and $6,000,000
related improvements at I 83 Exit 18......
2097 VA Northern Virginia Potomac Heritage National $1,000,000
Scenic Trail..............................
2098 NC Construct new traffic path to receive and $3,000,000
dispatch trucks from US 74, US 76, US 421,
and US 17S................................
2099 OK Construction of Midwest City Pedestrian $1,000,000
Walkway...................................
2100 TX Construct parallel bridge for SH 35 over $1,000,000
Capano Bay................................
2101 GA Construct access roads on Airport Loop road $2,000,000
in Hapeville..............................
2102 TN Construct 2nd Creek Greenway, Knoxville, $685,700
Tennessee.................................
2103 NE Design, right-of-way and construction for $1,000,000
the Louisville Bypass, Nebraska...........
2104 HI Construct Honoapiilani Highway Realignment. $3,000,000
2105 TN Hamblen County, Tennessee US25E interchange $1,000,000
improvements..............................
2106 IL Construction of a new bicycle-pedestrian $1,200,000
bridge in Wayne, IL.......................
2107 PA David Lawrence Convention Center Phase IV- $1,200,000
reconstruction of roadways assoc. with HQ
hotel project.............................
2108 CO I-70 and SH58 Interchange: Reconstruction $4,000,000
of existing ramps, building of missing
ramps and ROW acquisition.................
2109 OH Reconstruct U.S. Route 6 (Lake Road). Rocky $2,000,000
River.....................................
2110 WA Construct .6 mile span over I-5 in Thurston $4,300,000
County to connect Chehalis Western Trail..
2111 IL Extend Frank Scott Parkway East Road to $2,800,000
Scott AFB, St. Clair County...............
2112 OH Reconfigure I-480 and Transportation Blvd. $750,000
Interchange, Garfield Heights.............
2113 NY Rehabilitation of Route 100 from Virginia $1,100,000
Road to Westchester Community College.....
2114 TN Restoration of historic L&N Depot, McMinn $20,000
County, Tennessee.........................
2115 SD Resurface 10 miles of US18 from Okreek to $2,300,000
Carter on the Rosebud Indian Reservation..
2116 CA Route 198 Expansion, from SR 99 to SR43.... $3,000,000
2117 WA SR 543 Interstate 5 to International $2,500,000
Boundary Enhancement in Blaine............
2118 MD Rockville, MD Construction of Maryland $4,000,000
Avenue and Market Street Intermodal Access
Project...................................
2119 MN US Highway 212 expansion from Carver Cnty $1,000,000
Rd 147 to Cologne and from Cologne to
Norwood Young America.....................
2120 VA Vienna, VA Maple Avenue improvement project $1,650,000
2121 IL Village of South Jacksonville--West $952,572
Vandalia Road upgrades....................
2122 AS Village road improvements for Launiusaelua $3,000,000
and Ituau counties in the Central district
2123 AS Village road improvements for Tualauta, $3,000,000
Tualatai, Aitulagi, Fofo, and Alataua
counties in the Western district..........
2124 FL Destiny Rd Reconstruction, Eatonville...... $1,000,000
2125 KY Construct New Technology Triangle Access $2,000,000
Road, Campbell County, Kentucky...........
2126 NY Town of Wawayanda reconstruction of McVeigh $400,000
Road......................................
2127 VA Virginia Creeper Trail--trail needs, $850,000
including construction of restroom
facilities at Watauga and Alvarado and
parking expansion at Watauga..............
2128 CA Construct grade separation on State College $14,000,000
Blvd. at the Burlington Northern Santa Fe
railroad, Fullerton.......................
2129 MA Warren Street--Blue Hill Avenue............ $2,000,000
2130 FL Design and construct Dunn Avenue Extension, $2,000,000
Volusia County............................
2131 CA Construct operational and safety $2,500,000
improvements to I-880 N at 29th Ave in
Oakland...................................
2132 WA U.S. 395, North Spokane Corridor $3,300,000
Improvements..............................
2133 NY Route 531 Expansion Spencerport-Brockport, $7,400,000
4-lane Highway is a project to extend Rt.
531.......................................
2134 OR Columbia Intermodal Corridor for rail $11,150,000
congestion relief, improved intersections
and access to Interstate-5 for trucks, and
grade-separate road from rail, Portland...
2135 OH Interchange and related road improvements $3,000,000
to SR 44 in Painesville, OH...............
2136 GA Greene County, Georgia conversion of I-20 $1,200,000
and Carey Station Road overpass to full
interchange...............................
2137 IL Pioneer Parkway upgrade in Peoria-- $2,000,000
Extension from Allen Road to Route 91.....
2138 MS Construct historic bicycle path, Pascagoula $150,000
2139 PA Crows Run Relocation from SR 65 to Freedom $2,350,000
Crider Road...............................
2140 OH Replace the Edward N. Waldvogel Viaduct in $6,000,000
Cincinnati................................
2141 NC Construct I-540 from NC 55 South to NC 55 $11,000,000
North.....................................
2142 NY Roadway, streetscape, pedestrian, and $4,000,000
parking improvements to the Buffalo
Niagara Medical Campus, Buffalo...........
2143 VA Upgrade DOT crossing #470515H to constant $150,000
warning devices in Halifax................
2144 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Avoca Borough, Luzerne County..........
2145 WA Bridge Modification and Interstate Highway $4,000,000
Protection Project, Skagit River, in
Skagit County.............................
2146 TN Construct welcome center, Macon County..... $200,000
2147 CA Construction of new roadway lighting on $1,000,000
major transportation corridors in the
Northwest San Fernando Valley.............
2148 MO Interchange design and construction for the $1,000,000
Main Street Extension at I-55, Cape
Girardeau County..........................
2149 CA Replace SR22 interchanges, construct HOV $6,000,000
lanes, and lengthen bridges in Garden Gove
2150 IL Construct I290, The Village of Oak Park.... $1,000,000
2151 RI Rehabilitation of Bridge Number 550 In $5,500,000
Pawtucket.................................
2152 WA Complete analysis, permitting and right of $500,000
way procurement for I-5/SR501 Interchange
replacement in Ridgefield.................
2153 CA Design and construct new interchange at $2,000,000
Potrero Blvd and State Route 60 in
Beaumont..................................
2154 TN Construction of a pedestrian bridge in $1,000,000
Alcoa, TN.................................
2155 WV Construct 4 lane improvements on U.S. Route $14,000,000
35 in Mason County........................
2156 OH Construct Grade Separation at Front Street, $500,000
Berea.....................................
2157 CA Crenshaw Blvd. Rehabilitation, 182nd St.- $800,000
190th St.; and Crenshaw Blvd. at 182nd St.
Fwy on-off Ramp Capacity Enhancement, City
of Torrance...............................
2158 CA Construct Interchange at Intersection of SR $8,000,000
44 and Stillwater Road....................
2159 MN CSAH 61 improvements, City of Coleraine.... $490,000
2160 KY Expansion to four lanes of Hwy 55 and Hwy $10,000,000
555 Heartland Parkway in Taylor County....
2161 KS Interchange improvement at K-7 and 55th St. $5,000,000
in Johnson Co.............................
2162 CA Construct truck lane on Baughman Road from $550,000
State Route 78/86 to Forrester Road,
Westmorland...............................
2163 AZ Construct bridges at Aspen St., at Birch $1,500,000
St., at Cherry St., at Bonito St., at
Thorpe St.................................
2164 CT Construct Putnam curb cuts................. $50,000
2165 OH Canton, OH Cleveland Ave. bridge $400,000
replacement over the Nimishilen Creek.....
2166 MN Design and right of way acquisition for I- $3,000,000
35 and CSAH2 interchange in Forest Lake,
MN........................................
2167 PA Complete the connection of the American $10,000,000
Parkway between the east and west sides of
the Lehigh River with bridge and
interchanges..............................
2168 PA Design, engineering, ROW acquisition & $250,000
construction of street improvements,
parking & safety enhancements Main &
Parsonage Streets in Pittston.............
2169 TX Grade separation bridges at Wintergreen Rd. $8,200,000
and Millers Ferry Rd. in Hutchins and
Pleasant Run Rd. and Millers Ferry Rd. in
Wilmer....................................
2170 GA I-20 HOV lanes from Evans Mill Road to $1,500,000
Salem Road, Dekalb and Rockdale Counties..
2171 NV Improve Las Vegas Beltway-Airport Connector $4,000,000
Interchange...............................
2172 CA Oregon-Page Mill expressway Improvements $4,000,000
between US101 and SR 82, Palo Alto........
2173 MA Design and construct the Quinebaug River $1,000,000
Rail Trail Bikeway........................
2174 CA Park Boulevard-Harbor Drive Rail Grade $1,000,000
Separation, San Diego.....................
2175 MN Paul Bunyan Trail, Walker to Bemidji $700,000
segment...................................
2176 CA Construct road surface improvements, and $1,400,000
improve road safety from Brawley Water
plant to HWY 86 to 9th Street to 18th
Street, Brawley...........................
2177 TX Improvements to FM 1017 in Hebbronville.... $500,000
2178 CA Alameda Corridor East Gateway to America $15,500,000
Trade Corridor Project, Highway-Railgrade
separation along 35 mile corridor from
Alameda Corridor (Hobart Junction) to Los
Angeles/San Bernardino County Line........
2179 GA Phase III Streetscape-Columbus............. $1,000,000
2180 IL Pre-construction and construction IL 15 $6,960,000
over Wabash River at Mt. Carmel...........
2181 NY Queens and Brooklyn County Graffiti $4,000,000
Elimination Program including Kings
Highway from Ocean Parkway to McDonald
Avenue....................................
2182 IA Improvements at the IA 146 and I 80 $1,000,000
interchange, Grinnell.....................
2183 TX Construct Grade separation at US 277 in $5,000,000
Eagle Pass................................
2184 LA Plan, design, land acquisition, and $2,750,000
construction for improved access to I-10
and US61/River Road in St. John the
Baptist and in Ascension Parish on the
LA22 Corridor.............................
2185 KS Construction of a two-lane on a four-lane $12,800,000
right of way bypass with controlled access
on US-400 at Dodge City...................
2186 MN Reconstruct CR 203 between US 10 and CSAH $336,000
1, Morrison County........................
2187 NY Reconstruction of York Street Industrial $3,500,000
Corridor Project, Auburn, NY..............
2188 NY Construction of and improvements to Route $1,000,000
62 in the Village of Hamburg..............
2189 IN Downtown road improvements, Indianapolis... $10,000,000
2190 AL Construct pedestrian urban-edge riverwalk $500,000
in Montgomery, AL.........................
2191 PA Johnstown, Pennsylvania, West End bypass $5,000,000
safety improvements.......................
2192 CA Construction of traffic and pedestrian $2,000,000
safety improvements in Yucca Valley.......
2193 CA 710 Freeway Study to Evaluate Technical $3,000,000
Feasibility and Impacts of a Tunnel
Alternative to Close 710 Freeway Gap......
2194 CA Greenleaf Right of Way Community $3,000,000
Enhancement Project-design and construct
bikeways, pedestrian walkways and upgrade
signalization Compton.....................
2195 KY Improve Prospect Street Pedestrian Access, $2,750,000
Berea.....................................
2196 OH Construct Crocker Stearns Connection, North $700,000
Olmsted and Westlake......................
2197 NY Construction of and improvements to Seneca $600,000
Street in Buffalo.........................
2198 CA Avalon Boulevard/I-405 Interchange $4,000,000
modification project, Carson..............
2199 IL Construct Illinois Route 336 from Macomb to $2,000,000
Peoria....................................
2200 NC North Carolina. Pack Square Pedestrian and $4,000,000
Roadway Improvements, Asheville...........
2201 PA Provide pedestrian and water access to $1,100,000
Convention Center from surrounding
neighborhoods.............................
2202 NY Reconstruction of Times and Duffy Squares $1,500,000
in New York City..........................
2203 LA Construction of I-10 Access Road (Crowley). $1,100,000
2204 NY Repaving of I-86 in towns of Coldspring, $10,000,000
Randolph, Allegany, and Olean; City of
Olean; Village of Randolph in Cattaraugus
County....................................
2205 PA Replace Bridge, S.R. 106, Tunkhannock Creek $800,000
Bridge 2, Clifford Township, Susquehanna
County....................................
2206 NJ Replace Route 7-Wittpen Bridge, Hudson $1,000,000
County....................................
2207 MN Right-of-Way acquisition for 8th Street $4,000,000
North & Pinecone Road.....................
2208 IL For Village of Lemont to modernize and $350,000
improve the intersection of McCarthy Road,
Derby Road, and Archer Avenue.............
2209 CA Construct I-80 HOV lanes and interchange in $1,000,000
Vallejo...................................
2210 PA Rail Crossing signalization upgrade, East $206,300
Wesner Road, Maidencreek Twp, Berks County
2211 OH Construct road projects and transportation $4,480,000
enhancements as part of RiverScape Phase
III, Montgomery County, Ohio..............
2212 TN Riverside Drive Cobblestone Restoration and $1,000,000
Walkway, Memphis..........................
2213 TX Road grade separation at Fairmont Parkway $5,000,000
over Southern Pacific Railroad............
2214 PA Construct additional northbound lane on Rte $1,650,000
28 between Harmar and Creighton
Interchange...............................
2215 NJ Roadway and intersection modifications on $1,000,000
New Jersey Route 82.......................
2216 OH Jackson Township, Ohio. Intersection $2,000,000
improvements at Fulton Dr. and Wales......
2217 GA Rockdale County Veteran's Park-- create $500,000
park trails...............................
2218 MA Construct the Blackstone River Bikeway and $2,000,000
Worcester Bikeway Pavilion between
Providence, RI and Worcester, MA..........
2219 OH Improvements to SR 91 in City of Twinsburg, $1,950,000
OH........................................
2220 TX Completion of US 77 relief route around $2,000,000
City of Robstown..........................
2221 NY Improve Maple Avenue, Smithtown............ $1,000,000
2222 HI Replace and Rehabilitate Kamehameha Highway $1,000,000
Bridges, Island of Oahu...................
2223 TX SH71 from W of FM 20 to Loop 150, Bastrop $2,000,000
County....................................
2224 IN Construct US 31 Plymouth to South Bend $8,000,000
Freeway Project in Marshall and St. Joseph
Counties, Indiana.........................
2225 LA Plan and develop a four-lane roadway, $200,000
Jeanerette to US 90 connection............
2226 LA Construct I-12 and LA 1088 Interchange..... $3,000,000
2227 CA 4 lane widening/safety improvements on $3,660,000
State Route 25 from Hollister to Gilroy...
2228 NY Comprehensive traffic congestion mitigation $750,000
study of Hauppauge Industrial Park and
surrounding area..........................
2229 NY Develop an identity and signage program for $1,000,000
the Erie Canalway National Heritage
Corridor..................................
2230 CO Dillon Drive Overpass at Interstate 25 in $4,000,000
Pueblo....................................
2231 NY Improvements at highway-rail crossings $1,000,000
along the Southern Tier Extension Railroad
in Allegany, Cattaraugus, and Steuben
Counties..................................
2232 FL Depot Ave. Enhancements, Gainesville....... $6,000,000
2233 CA Interstate 15 and Winchester Road $1,000,000
Interchange Project.......................
2234 PA Construct the Eastern Inner Loop in Centre $1,000,000
County around State College, PA...........
2235 NJ Streetscape Improvements along Berlin Road $1,000,000
between Gibbsboro Road and White Horse
Road in Lindenwold Borough................
2236 FL Conduct planning and engineering for SR 70 $2,000,000
widening in Hardee, DeSoto and Okeechobee.
2237 GA Streetscape-Albany......................... $500,000
2238 GA Streetscape-Richland....................... $200,000
2239 MO Construct four lanes for Route 5 in Camden $10,000,000
County....................................
2240 IL Improve Cottage Grove intersection, South $1,000,000
Chicago Avenue and 71st Street............
2241 NY Study, design and reconstruction of $1,000,000
pedestrian walkways, the Bronx............
2242 MS Upgrade roads in Anguilla and Rolling Fork, $750,000
Sharkey County............................
2243 TX For center to center communication link $1,000,000
between highway traffic transportation
management centers........................
2244 OH Upgrade the interchange of Interstates 270 $2,000,000
and 71 in Franklin County, Ohio...........
2245 CA US 101 Corridor Improvements--Route 280 to $5,000,000
the Capitol-Yerba Buena Interchange.......
2246 CA Rancho Vista Blvd Widening Project......... $3,000,000
2247 NJ Newark Access Variable Message Signage $500,000
System....................................
2248 IA Construct SW Connector, West Des Moines.... $2,000,000
2249 IA US 30 reconstruction, near Tama............ $4,000,000
2250 GA Construction of interchange on I-985 north $5,000,000
of SR-13, Hall County, Georgia............
2251 MI Marquette County, Realignment of 3200 feet $500,000
of County Road 492 from US-41 north to
County Road HD............................
2252 WI Realign USH 8 near Cameron, Barron County.. $2,000,000
2253 PA Restoration of PA422, in Berks County, $1,000,000
including slab repair and diamond grinding
2254 CA Monte Vista Avenue Grade Separation, $2,000,000
Montclair, California.....................
2255 NY Deploy intermodal chassis ITS project in $2,000,000
New York..................................
2256 NY Reconstruction of Route 590 in the Town of $5,000,000
Irondequoit, NY...........................
2257 NY Design and Construction of Downtown $2,000,000
Jamestown Connector Trail.................
2258 LA Further construction to improve draining at $3,300,000
Clearview Parkway (LA 3152) and Earhart
Expressway (LA 3139)......................
2259 MI Houghton County, Rehabilitate 2 piers and $270,000
remove old bridge caissons for Sturgeon
River Bridge..............................
2260 AK Make necessary improvements to Indian River $2,000,000
Road in City and Borough of Sitka.........
2261 MN Reconstruct CSAH 61 from Barnum to TH 210 $1,680,000
at Carlton, and improve Munger Trail......
2262 TX Build I-30 Trinity River Bridge, Dallas, $1,000,000
Texas.....................................
2263 AK Realign rail track to eliminate highway- $5,000,000
rail crossings and improve highway safety
and transit times.........................
2264 MS Relocate SR 44 from SR 198 to Pierce Road, $3,500,000
Columbia..................................
2265 AL Interstate 565 west extension towards $2,000,000
Decatur...................................
2266 MO Roadway Improvements on Rte. 21 from Hayden $5,000,000
Road to Lake Lorraine.....................
2267 IL Halsted Bridge over North Branch Canal $600,000
Reconstruction, City of Chicago...........
2268 VA Town of Pound Riverwalk--construction of $100,000
pedestrian riverwalk in Town of Pound.....
2269 IL US 67 west of Jacksonville, IL Bypass to $2,000,000
east of IL 100............................
2270 NY Village of Wappingers Falls North Mesier $750,000
Ave.......................................
2271 AR War Eagle Bridge Rehabilitation--Benton $640,000
County, Arkansas..........................
2272 WI Build additional staircases, landscape, and $800,000
other improvements to the municipal bridge
at the Holton St. Viaduct in Milwaukee....
2273 TN Washington County, Tennessee SR-36 widening $1,000,000
2274 MI Westland, Ann Arbor Trail between $3,150,000
Farmington and Merriman...................
2275 MI White Lake, pave Cooley Lake Road Between $500,000
Hix and Newburgh Roads....................
2276 GA Bridge replacement on County Road 183-FAS $425,000
Route 1509, Peach County..................
2277 NC I40 I-77 Interchange in Iredell County, NC. $4,000,000
2278 CA Construct safe routes to school in $1,000,000
Cherryland and Ashland....................
2279 CA Install Central Ave Historic Corridor $2,000,000
comprehensive streetscape improvements
thus improving traffic, ped safety, and
economic development, Los Angeles.........
2280 VA Whitetop Station--completion of renovation $100,000
of Whitetop Station (which serves as
trailhead facility) including construction
of trail..................................
2281 CT Make Improvements to Montville-Preston $3,000,000
Mohegan Bridge............................
2282 IL Widen and improve Pulaski Road, Alsip...... $700,000
2283 AK For Completion of the Shotgun Cove Road, $4,000,000
from Whittier, Alaska to the area of
Decision Point, Alaska....................
2284 NY Study and Implement Intelligent $1,000,000
Transportation System Sensor Technology to
Improve Safety at Bridges and Tunnels in
Metropolitan New York City................
2285 NY Warburton Avenue Bridge over Factory Lane, $1,000,000
Hastings-on-Hudson, New York..............
2286 NY Improve intersection of Old Dock and Church $500,000
Street, Kings Park........................
2287 TN Widen and improve State Route 33, Knox $6,500,000
County, Tennessee.........................
2288 CA Reconstruct Paramount Bl. with medians and $1,350,000
improve drainage from north border to
south border of city in Lakewood..........
2289 NY Upgrade Metro North stations in the Bronx $3,000,000
and construct station at Yankee Stadium...
2290 OH Construct the existing industrial park road $4,100,000
from local to state standards near Cadiz..
2291 LA Upgrade LA 28 to four lanes from LA 121 to $2,000,000
LA 465....................................
2292 NY Reconstruction of Historic Eastern Parkway. $2,400,000
2293 CA Widen and make ITS improvements on $1,000,000
Paramount Blvd between Telegraph Rd and
Gardendale St in Downey...................
2294 VA Conduct planning and engineering for $3,000,000
Hampton Roads Third Crossing and
Interconnected Roadways...................
2295 IL Widen Annie Glidden Road to five lanes with $4,000,000
intersection improvements. DeKalb, IL.....
2296 CA Widen California State Route 132 from $18,000,000
California State Route 99 west to Dakota
Avenue....................................
2297 NC Widen Derita Road from Poplar Tent Road in $2,000,000
Concord to the Cabarrus Mecklenburg County
line......................................
2298 TX Widen from 4 to 6 lanes Interstate 35 East $6,000,000
from Lake Lewisville to Loop 288..........
2299 CA Widen Haskell Avenue between Chase St. and $200,000
Roscoe Blvd...............................
2300 TX Widen Hempstead Highway from 12th Street to $1,000,000
Washington Avenue from four lanes to six
lanes.....................................
2301 NH Reconstruction and relocation of the $500,000
intersection of Maple Avenue and
Charleston Road in Claremont..............
2302 OH Construct highway-rail crossing safety $300,000
upgrades at 3 grade crossings in Madison
Village, OH...............................
2303 WA Rebuild Yakima Valley Highway within city $1,600,000
limits of Sunnyside, WA...................
2304 NY Implement Improvements for Pedestrian $1,000,000
Safety in New York County.................
2305 NY Construction of and improvements to Main $400,000
Street in the Town of Eden................
2306 GA SR 85 widening from Adams DR to I-75 and $1,500,000
reconstruct the Forest Parkway
interchange, Clayton County...............
2307 GA Jogging, and Bicycle Trails around CSU, $500,000
Columbus..................................
2308 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Throop Borough, Lackawanna County......
2309 IL Reconstruct Winter Ave, existing 1 lane RR $5,400,000
subway, and 1 lane bridge to provide
access to Winter Park in Danville.........
2310 OR Construct highway and pedestrian access to $9,000,000
Macadam Ave and street improvements as
part of the South Waterfront development,
Portland..................................
2311 TX Relocation of 10th Street near McAllen- $750,000
Miller International Airport..............
2312 IL Construct pedestrian tunnel at railroad $1,000,000
crossing in Winfield, IL..................
2313 IN Construct Margaret Avenue Safety and $3,000,000
Capacity Enhancement Project..............
2314 TX Construct Loop 574 from BU77 to I-35 in $2,000,000
McLennan Co...............................
2315 NY Construction of a bicycle/pedestrian off $2,300,000
road scenic pathway from the Niagara Falls
City Line to the southerly Lewiston Town/
Village Line along the Niagara Gorge, Town
of Lewiston, Village of Lewi..............
2316 FL Construct new bridge from West--Florida $5,000,000
Turnpike to CR 714 to 36th Street--Cross
S. Fork of St. Lucie River--Indian Street
to US 1 on east side......................
2317 WI Recondition STH 16 from Columbus to STH 26 $4,000,000
(Dodge County, Wisconsin).................
2318 VI Christiansted By-Pass Highway, St. Croix... $8,000,000
2319 NY Riverwalk in Irvington development......... $200,000
2320 OH Road resurfacing and improvements in the $700,000
Village of Bentleyville, OH...............
2321 PA Improvements to Stella Street rail-highway $750,000
crossing in Wormleysburg, PA..............
2322 CT Construct Entrance Ramp at Route 8 Exit 11, $1,000,000
Shelton, CT...............................
2323 AL Pedestrian Improvements for Leeds, AL...... $100,000
2324 WA Federal Way Triangle--Conduct final $2,000,000
engineering work for the reconstruction of
the I-5--SR 18 interchange................
2325 MI Garden City, Reconstruct Maplewood between $1,225,000
Inkster and Merriman......................
2326 OR Lake Road Reconstruction and Safety $2,850,000
Improvements, Milwaukie...................
2327 NY Resurface Grade Crossing at Old State Road. $250,000
2328 MN Construction of Cedar Avenue Busway, MN.... $6,000,000
2329 IL Resurfacing of approx 30 miles of roadway $7,000,000
in Village of Oak Lawn....................
2330 GA Streetscape-Thomasville.................... $300,000
2331 PR To build the missing central segment of PR- $5,000,000
10, to complete one of only two highways
crossing Puerto Rico North to South.......
2332 PA To enhance existing directional markers & $500,000
increase wayfinding signage infrastructure
in Monroe County..........................
2333 CA Construct and repair lining in four tunnels $3,000,000
on Kanan, Kanan Dume, and Malibu Canyon
Roads between US 1 and US 101.............
2334 GA Sidewalk revitalization project in downtown $500,000
Eastman...................................
2335 TX Port of Corpus Christi Up River Road for $500,000
upgrade of roadway to and from docks & IH
37........................................
2336 GA Construct US 411 Connector from US 41 to I- $21,350,000
75, Bartow County, Georgia................
2337 NY Construction of US Route 219 Expressway: $8,000,000
Sections V and VI.........................
2338 PA Engineering, design and construction of an $2,000,000
extension of Park Avenue north to Lakemont
Park in Altoona...........................
2339 MN Reconstruct I-35E from I-94 to Maryland $3,500,000
Avenue in St. Paul........................
2340 CA Construct truck ramp linking Interstate 5 $1,500,000
to the National City Marine Cargo
Terminal, National City...................
2341 GA Reconstruct the interchange at Interstate $1,806,000
185 and Victory Drive (SR 520), Columbus,
GA Victory Drive (SR 520), Columbus, GA...
2342 OH Streetscaping, bicycle trails, and related $3,500,000
improvements to the I-90--SR 615
Interchange in Mentor, OH.................
2343 IN Preliminary engineering, right-of-way, and $10,000,000
construction for Perimeter Parkway-West
Lafayette/Purdue University, Indiana......
2344 TN Reconstruct Interchange 55 at Mallory $1,000,000
Avenue, Memphis, Shelby County............
2345 CA Upgrade first responders signal pre-emption $32,000
hardware, Culver City.....................
2346 IN Construction of Maplecrest Rd Extension-- $11,000,000
Allen County, Indiana.....................
2347 MS Upgrade roads in Arcola, Greenville, and $1,750,000
Hollandale (U.S. Highway 61 and 18),
Washington County.........................
2348 MS Canal Road Intermodal Connector, Gulfport.. $5,000,000
2349 PR Construction of community bridge for Los $500,000
Navarros Sector, Quebrada Arenas Community
2350 NY Construct the Auburn Connector Road $1,000,000
Corridor, Auburn, NY......................
2351 MA Engineering and construction of Blackstone $6,400,000
Valley Visitors Center at intersection of
State Route 146 and Millbury Street,
Worcester.................................
2352 CA Improve I-8 off ramp to the Desert Farming $1,000,000
Institute, Imperial County................
2353 KS Construct bike and pedestrian path along K- $500,000
10 between Douglas and Johnson Counties...
2354 HI Construct Bike Lanes on Kalanianaole $300,000
Highway, vicinity of Makapuu to Keolu
Drive.....................................
2355 TX Donna/Rio Bravo International Bridge....... $2,000,000
2356 IL Improve Sheridan Road, Evanston............ $2,000,000
2357 MD Intercounty Connector...................... $4,000,000
2358 MI Resurfacing of Ten Mile Road in St. Clair $896,000
Shores....................................
2359 NY Conduct studies to consider transportation $1,000,000
planning and community involvement for
infrastructure projects that address
congestion relief in New York City........
2360 MO Construct an extension of MO 740 from U.S. $2,500,000
63 to the 1-70 Lake of the Woods
Interchange...............................
2361 LA Improvements for LA 1148 in Iberville $4,000,000
Parish; and LA/ I-10 Connector Study; and
improvements to LA 10/Zachary Taylor
Parkway...................................
2362 NY Monroe County ITS project.................. $900,000
2363 MO Roadway improvement on I-44 in Phelps $1,000,000
County Missouri...........................
2364 MA Rt 128/95 ramp Northbound to Kendrick $2,000,000
Street, Needham...........................
2365 IN Realign State Road 312, Hammond............ $4,162,891
2366 PA Design, engineering, ROW acquisition & $250,000
construction of surface improvements to
the area adjacent to Exit 168 of
Interstate 81 at the Wachovia Arena in
Wilkes-Barre Township.....................
2367 GA SR 92 relocation from Durelee Road to SR 92 $8,000,000
at Malone, including grade separation,
Douglas County, Georgia...................
2368 IN Construct I-69 Evansville to Indianapolis, $14,000,000
Indiana...................................
2369 CA Construct fourth bore of Caldecott Tunnel $1,000,000
on SR 24, California......................
2370 TN Construct interchange on I-40 in Wilson $1,000,000
County....................................
2371 IN Construct service road parallel to I-69 in $3,000,000
the City of Anderson, Indiana.............
2372 NY Croton-on-Hudson, NY Restoration of Van $2,500,000
Cortlandt Manor entrance road.............
2373 OH Construction and repair of pedestrian $289,000
walkways along Lake Shore Blvd. in
Lakeline Village, OH......................
2374 MD Reconstruct MD 32 from MD 108 to I-70 in $2,000,000
Howard County.............................
2375 NY Reconstruct Streets and Sidewalks in Middle $1,000,000
Village...................................
2376 MI Reconstruct two bridges over Black Creek $712,500
Drain in Sanilac County...................
2377 FL Construction of Little Venice Road, $1,000,000
Marathon, FL..............................
2378 CA Make traffic and safety improvements to $500,000
Atlantic Blvd in Maywood..................
2379 MN Stearns County Bridge no. 73501 $400,000
Improvements..............................
2380 LA Construct LA 16 Interchange at I-12 and $13,000,000
improvements, and Cook Road improvements..
2381 MO Reconstruct Highway 60 and Highway 65 $2,000,000
Interchange...............................
2382 CO I-70, Havana, Yosemite Street Interchange $1,500,000
Reconstruction Project, Denver............
2383 CO Reconstruct C470-US85 Interchange.......... $4,000,000
2384 VA Reconstruction of the entranceway to $1,000,000
Montpelier on Orange County, Virginia.....
2385 TN Construct and widen underpass at $494,300
intersection of Boydstation, Harvey, and
McFee Roads, Knox County, TN..............
2386 GA Extend sidewalks, upgrade landscaping in $500,000
downtown Hawkinsville.....................
2387 OH Conduct Sarah St along SR 18 and 101 $2,600,000
enhancement project to calm traffic in the
City of Tiffin............................
2388 LA Improvements to Zachary Taylor Parkway..... $2,000,000
2389 CA Las Tunas Drive Pedestrian Enhancement, San $150,000
Gabriel...................................
2390 OH Reconstruction, widening, and bicycle $3,000,000
improvements to Pettibone Road in the City
of Solon, OH..............................
2391 NH Replacement of Ash Street and Pillsbury $1,400,000
Road Bridge...............................
2392 PA Swamp Road Corridor Safety and Roadway $1,000,000
Improvements, Bucks County................
2393 FL Construct St. Augustine to Palatka Rail $2,900,000
Trail, Florida............................
2394 IL Construction of a traffic circle to reduce $2,000,000
traffic congestion, Museum Campus Chicago.
2395 AL Pedestrian Improvements for Gardendale, AL. $100,000
2396 PA Extension of Second Street from Race to the $1,100,000
intersection of Lehigh and Poplar Street
in the Borough of Catasauqua..............
2397 NE Cuming Street Transportation Improvement $4,000,000
Project, Omaha, Nebraska..................
2398 TN Construct State Route 1 (US-70) to a four $11,500,000
lane divided highway on new alignment from
Centertown to McMinnville in Warren County
2399 CA Improve access to I-80 at Eureka Road $2,000,000
Interchange...............................
2400 LA Expand existing South Central Planning and $1,800,000
Development Commission Intelligent
Transportation System program in Houma-
Thibodaux area by installing signals,
sensors and systems.......................
2401 IL Install traffic control devices on traffic $240,000
signals in Village of Oak Lawn............
2402 CA Interstate 15, California Oaks Road $2,000,000
Interchange Project.......................
2403 TX Choate Road overpass to eliminate at-grade $9,800,000
intersection between Choate Rd and SH146..
2404 OH Construction of I-75 Austin Road $7,500,000
Interchange, Montgomery County, Ohio......
2405 CA Acquire lands adjacent to US 101 as part of $250,000
Southern Santa Clara County Wildlife
Corridor Protection and Scenic Enhancement
Project...................................
2406 TX Construct US Business 287 through the $7,000,000
Trinity Uptown Project from 7th St. NE to
11th St. NE in Fort Worth.................
2407 KS Construct K-10 and Lone Elm Road $5,000,000
interchange, Lenexa.......................
2408 OH Construct connector road between SR 79 and $5,000,000
Thornwood Drive in Licking County.........
2409 NH Construct Pedestrian, Bicycle bridge in $800,000
Keene.....................................
2410 FL Coral Way, SR 972 Highway Beautification, $1,000,000
Phase One, Miami, Florida.................
2411 TN Develop historic preservation $135,000
transportation enhancement project, Sumner
Co. and surrounding counties..............
2412 NY Develop terminal facilities for water taxi $3,000,000
projects in New York City.................
2413 WI Expand USH 151 between Dickeyville and $2,000,000
Belmont...................................
2414 NY Improve bicycle and pedestrian safety, $300,000
NY25, Jamesport...........................
2415 PA PA Route 183 widening and ramp enhancement, $1,600,000
Bern Township.............................
2416 IN Reconstruct Hoosier Heartland Highway, $750,000
Wabash, Huntington and Miami County
Indiana segments..........................
2417 GA Replace sidewalks, upgrade lighting, and $500,000
install landscaping, Soperton.............
2418 LA Lafayette, LA Implementation of Intelligent $11,000,000
Transportation System.....................
2419 NY Conduct improvements to I87--Exit 18 $2,500,000
Interchange...............................
2420 IL To construct an extension of US-51 from .9 $2,000,000
miles south of Moweaqua to 4.6 miles south
of Moweaqua...............................
2421 IL Upgrade roads, The Village of Hillside..... $1,000,000
2422 MS Upgrade safety devices at Front Street rail $50,000
crossing, Ellisville......................
2423 CO US 287--Ports-to-Plains Corridor in $3,000,000
Colorado..................................
2424 OH Deconstruct the Bellaire Highway Bridge $1,700,000
which connects Bellaire, Ohio and Benwood,
WV........................................
2425 VA Construct I-95 Interchange at Temple Ave, $5,000,000
Colonial Heights..........................
2426 KS Route designation, environmental clearance, $4,000,000
final design and right-of-way acquisition
for Crawford County, KS corridor of U.S.
Highway 69................................
2427 CA US-395 Realignment and Widening Project.... $500,000
2428 IL To connect about a two-mile segment through $1,500,000
Collinsville at two or three lanes........
2429 IL Construct Parking Facility and pedestrian $200,000
walkways at 94th and S. Oak Park Ave, Oak
Lawn......................................
2430 UT I-15 Freeway Reconstruction--Springville $4,500,000
200 South Interchange.....................
2431 MA Washington St. from High St. to Water St., $2,000,000
Walpole...................................
2432 VA White's Mill Trail and Renovation--design $500,000
and construction of recreational trail and
preservation of watermill for use as
visitors center...........................
2433 CA Implement San Francisco Street Improvements $8,000,000
Program...................................
2434 MA Design, engineering and construction of $1,000,000
Methuen Rotary alternative at I-93 and
Routes 110 and 113, Methuen...............
2435 IL Improve Mill Street, Rock Island........... $500,000
2436 PA For the Nanticoke City Redevelopment $7,000,000
Authority to design, acquire land, and
construct a parking garage, streetscapping
enhancements, paving, lighting & safety
improvements, & roadway redesign in Nanti.
2437 MI Widen and reconstruct Walton Boulevard $5,000,000
Bridge in Auburn Hills between Opdyke and
Squirrel Road.............................
2438 OR Widen Delaura Beach Lane and add a bike $150,000
lane both directions, Warrenton...........
2439 MA Design and construct the 3\1/2\ mile long $700,000
Grand Trunk Trail bikeway from Sturbridge
to Southbridge............................
2440 TN Develop trails, bike paths and recreational $250,000
facilities on the Crest of Black Mountain,
Cumberland County for Cumberland Trail
State Park................................
2441 NY Study and Improve Traffic Flow Improvement $3,000,000
at Atlantic Yard/ NETS Arena Development..
2442 MD Upgrade and widen MD237 from Pegg Road to $10,000,000
MD235.....................................
2443 PA Main Street improvements from Broad Street $700,000
to Richardson Avenue and Main Street to
Madison Avenue, Borough of Lansdale.......
2444 CA Widen Highway 101 in Marin and Sonoma $15,000,000
Counties from Hwy 37 in Novato to Old
Redwood Highway in Petaluma...............
2445 NY Road and pedestrian safety improvements $1,400,000
Main Street, Village of Patchogue.........
2446 UT Widen Highway 92 from Lehi to Highland..... $5,000,000
2447 AZ Widen I-10 to 3 lanes in each direction $1,700,000
north of Tucson from Marana Interchange to
Cortato Interchange.......................
2448 CA Widen I-238 between I-580 & I-880 in $1,000,000
Alameda County............................
2449 VA Widen I-66 westbound inside the Capital $7,000,000
Beltway from the Rosslyn Tunnel to the
Dulles Connector Road.....................
2450 NC Construction of I-74 between I-40 and US $5,000,000
220, High Point, North Carolina...........
2451 MD Widen I-695, Baltimore Beltway, Southwest.. $3,000,000
2452 GA Replace sidewalks, upgrade lighting in $500,000
downtown Vidalia..........................
2453 MN Construct bicycle and pedestrian trails in $700,000
Cuyuna Recreation Area....................
2454 HI Construct Kapaa Bypass..................... $3,000,000
2455 FL Temple Terrace Highway Modification........ $3,000,000
2456 TN Widen Interstate 240 from Poplar Avenue (SR- $1,000,000
57) to near Walnut Grove Road (SR-23) East
of Memphis, Shelby County.................
2457 IL For the Village of Woodridge to resurface $100,000
Internationale Parkway....................
2458 OR I-5 Trade Corridor, Portland, Oregon to $5,700,000
Vancouver, Washington segment.............
2459 GA Streetscape, Pedestrian Improvements in $5,000,000
City Center, City of Clarkston............
2460 KY Widen KY 1991 from Maysville Road to $1,250,000
Midland Trail Industrial Park, Montgomery
County....................................
2461 NC Construct new Route from Beach Drive (SR $4,000,000
1104) to NC 211 in Brunswick County.......
2462 NJ International Trade and Logistics Center $1,000,000
Roadway Improvements at Exit 12 of the New
Jersey Turnpike, Carteret.................
2463 IL Interstate 41 and Route 176 Interchange $500,000
replacement...............................
2464 MA Northern Avenue Bridge rehabilitation, $3,000,000
Boston....................................
2465 AK Planning, design, and construction of Knik $3,000,000
Arm Bridge................................
2466 IN North Calumet Avenue Improvements, $1,200,000
Valparaiso................................
2467 OR I-205-Highway 213 interchange improvements. $1,000,000
2468 TN Improving Vehicle Efficiencies at highway $57,000
At-Grade Railroad Crossing in Loudon, TN..
2469 AZ Construct I 10 Collector Distributor $4,000,000
Roadway from 40th Street to Baseline,
Maricopa County, Arizona..................
2470 LA Improvements to LA 42 in Ascension Parish; $10,000,000
and LA 73 improvements in Ascension Parish
2471 MN Construct Paul Bunyan trail from $775,000
Mississippi River Bridge Trail to Crow
Wing State Park...........................
2472 MN Construct Mesabi Trail from Grand Rapids to $2,700,000
City of Ely...............................
2473 GA Install sidewalks on Highway 23 from Dykes $300,000
Street to Sarah Street, Cochran...........
2474 AK Kodiak, AK Construction of AMHW ferry $7,500,000
terminal and approach.....................
2475 OK Reconstruction of SH66 from Craig and $1,000,000
Rogers Counties to SH66 and US60
intersection..............................
2476 CA Enhance pedestrian environment and increase $2,000,000
safety along Olympic Blvd between Vermont
and Western Avenues, Los Angeles..........
2477 NY Enhancement of the Michigan Avenue $2,000,000
Corridor, Buffalo.........................
2478 NJ Kapkowski Road Area Improvements in $4,500,000
Elizabeth.................................
2479 CA Construct landscape medians along Skyline $1,000,000
Drive from Sears Avenue to 58th Street,
San Diego.................................
2480 NY Jamaica Air Train Station Area $5,000,000
Infrastructure Improvements...............
2481 MO Construct Highway 465 to Highway 376 south $6,000,000
from HWY 76 to HWY 376....................
2482 WA New Country Road on Whidbey Island......... $1,200,000
2483 NM Chaco Wash Bridge and Road Improvements on $2,000,000
Navajo Route 46...........................
2484 CA Reconstruct Interstate 880-Route 92 $1,750,000
interchange in Hayward....................
2485 MA Relocate Rt. 79 in Fall River to create 4- $5,000,000
lane urban boulevard with landscaped
median and developable waterfront.........
2486 IL Road extension for Highway 22 in Macon $668,000
County, IL................................
2487 NY Portageville Bridge--purchase existing $1,500,000
bridge to convert to pedestrian bridge....
2488 PA Rt. 422 complete preliminary engineering $3,000,000
and four lane expansion from Ebensburg to
Kittanning................................
2489 CA Upgrade essential road arterials, $2,000,000
connectors, bridges and other road
infrastructure improvements in the Town of
Desert Hot Springs, CA....................
2490 KY Construct the Heartland Parkway in Adair $1,200,000
County....................................
2491 NV Horse-US-95 Interchange Project............ $6,000,000
2492 CT Make Improvements to Plainfield Moosup Pond $300,000
Road......................................
2493 FL Construction design ROW US 27 from SR 540 $10,000,000
to SR 544 & from I-4 to US 192 in Polk
County, FL................................
2494 IA Construction of approaches and viaduct on $1,600,000
Edgewood Rd SW over the UP Railroad,
Prairie Creek, and the CRANDIC railroad...
2495 NJ Construct Hackensack River Walkway in $2,000,000
Bergen County.............................
2496 TX Hwy 80/123 Overpass at Hwy 181 in Karnes $300,000
County....................................
2497 NM Improvements to U.S. Highway 87 from $2,000,000
Clayton, NM to Raton, NM..................
2498 VA Route 11 Interchange improvements in $1,000,000
Lexington, Virginia.......................
2499 CA Improvements to Ben Maddox Way Bridge...... $2,000,000
2500 WA SR 18 Widening, Maple Valley to I-90....... $7,500,000
2501 NY City of Beacon construction of pedestrian & $315,000
Bicycle trail.............................
2502 TX FM 544, widen 2-lane roadway to 6-lane $2,000,000
roadway from SH 121 to Dozier-Parker Road.
2503 TX Construct an alternate truck route to $500,000
Interstate 35 in Buda.....................
2504 NY Improvements on the Cross Island Bridge $4,220,000
Overpass/212th Street and vicinity, Queens
2505 MI Novi, Reconstruct Grand River between Novi $1,000,000
and Haggerty..............................
2506 SD Resurface US Hwy 18 from Lake Andes to US $1,200,000
Hwy 50 on Yankton Sioux Reservation.......
2507 PR To revitalize Old San Juan Historic $3,000,000
District streets..........................
2508 WY U.S. 85 Passing Lanes...................... $2,000,000
2509 MA Construct Blackstone River Bikeway and $2,000,000
Worcester Bikeway Pavilion between
Providence, RI and Worcester..............
2510 NY Little Falls Access: Repair and reconstruct $240,000
High School and Lower School Road.........
2511 FL Replace Columbus Drive Bridge.............. $4,000,000
2512 AS Village road improvements for Sua and $2,600,000
Vaifanua counties in the Eastern district.
2513 MI Construction of two railroad-highway grade $2,300,000
separations on Farm Lane north of Mount
Hope Road.................................
2514 CA Widen Atlantic Bl bridge over the Los $1,000,000
Angeles River in Vernon...................
2515 CA Widen Bundy Drive between Wilshire and $4,250,000
Santa Monica Boulevards in the City of Los
Angeles...................................
2516 AL To provide four lanes on US-80, Perry $14,000,000
County, Marengo County, and Sumter County.
2517 CA Widen Maine Avenue in Baldwin Park......... $375,000
2518 NM Ease traffic congestion and improve $2,000,000
intersection safety by identifying
alternative alignment to US 84/285 and NM
68 through Espanola.......................
2519 MS Widen MS Hwy 19 between Philadelphia and $10,000,000
Collinsville, MS..........................
2520 NY Construct the Fire Island ferry terminal $2,000,000
facility, Patchogue.......................
2521 IL IL 8 from East Peoria to Washington, IL.... $952,570
2522 NJ Preliminary engineering for missing $1,500,000
connections of NJ 23 and I-80.............
2523 ME Penobscot Riverfront Development for $2,000,000
bicycle trails, amenities, and traffic
circulation improvements, Bangor and
Brewer....................................
2524 IL Restoration and reconstruction of the $1,200,000
central business district street.
Cambridge, IL.............................
2525 NC Widen NC 150 from Cherryville to Lincolnton $1,000,000
2526 NY Second phase of the Grand Concourse $10,000,000
improvements from East 166th St. to East
171st St..................................
2527 VT U.S. Route 7 and U.S. Route 4 road $3,560,000
improvements for the City of Rutland......
2528 IL Improve 63rd Street, Chicago............... $2,000,000
2529 MI Alcona County, Reconstruction of Ritchie $813,000
Road from Village of Lincoln to Hubbard
Lake road.................................
2530 SC Construct roadway btwn I-26 and US 1 in $2,000,000
Lexington County. Intermodal connector
from US 1 to I-26 and I-77. SC 302 and SC
602 improvements..........................
2531 OR Agness Road, Curry County.................. $1,000,000
2532 NY Rehabilitation of Sharon Drive in the Town $325,000
of Poughkeepsie...........................
2533 TX Conduct study of I-10 and U.S. 190 with a $200,000
focus on congestion relief and the need
for a military & emergency relief
transportation corridor...................
2534 MD MD 85 at I270.............................. $6,000,000
2535 GA SR 36 passing lanes north of Jackson to $3,050,000
Newton County line, Butts County, Georgia.
2536 VA I-66 and Route 29 Gainesville Interchange $9,000,000
Project...................................
2537 NY Construct and extend existing pedestrian $1,000,000
streetscape areas in Lynbrook.............
2538 CA Construct traffic intersection island $200,000
improvements on North side of Olympic Blvd
where Irolo St. and Normandie Ave. split
in Koreatown, Los Angeles.................
2539 WA Improvements in the SR9 corridor in $1,500,000
Snohomish County..........................
2540 PA Replace a highway railcrossing in Osborne $2,150,000
Borough, PA...............................
2541 AL Pedestrian Improvements for Centerpoint, AL $100,000
2542 CA Replace twin 2 lane bridge with single 4 $500,000
lane bridge on SR 138 over Big Rock Wash..
2543 CA State Route 86S and Ave 50 highway safety $1,000,000
grade separation..........................
2544 TX Construct Fredericksburg Road-Medical Drive $3,800,000
grade separation in San Antonio...........
2545 PA For design, engineering, ROW acquisition, & $500,000
construction of a connector road between
the Valmont Industrial Park & Pennsylvania
Rt. 924 at Cranberry Creek................
2546 AR Interstates 30/440/530 Interchanges--for $1,500,000
interchange improvements, Little Rock.....
2547 NJ Rehabilitation of Benigno Boulevard from I- $400,000
295 to Route 168 in Bellmawr..............
2548 PA Preconstruction studies for improvement to $1,000,000
US 22.....................................
2549 IL Establish transportation museum on Navy $540,000
Pier, Chicago.............................
2550 WA Continuing construction of I 90, Spokane to $3,300,000
Idaho State Line..........................
2551 VA Improve transportation infrastructure for $531,900
visitors to Jamestown 2007................
2552 AR Highway 67: Kiehl Avenue--Vandenberg $2,000,000
Boulevard: rehabilitating and widening
Highway 67 from four to six lanes from
Kiehl Ave. to Vandenberg Blvd.............
2553 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of PS 81..................
2554 GA Memorial Drive Corridor.................... $2,000,000
2555 VA Route 11 improvements in Maurertown, $1,000,000
Virginia..................................
2556 PA Street improvements, Whitemarsh Township... $1,500,000
2557 VT Construction of the Lamoille Valley Rail $7,268,486
Trail for the Vermont Association of Snow
Travelers.................................
2558 CO I-76: Colorados Northeast Gateway.......... $3,000,000
2559 VA Construct Maersk Terminal interchange in $2,000,000
Portsmouth................................
2560 GA I-75 Welcome Project....................... $250,000
2561 PA Improve handicapped accessibility and $3,000,000
provide pedestrian overpass in Villanova..
2562 NY Install Two Permanent Variable Message $500,000
Signs (VMS) on Belt Parkway...............
2563 MI Re-surfacing Sebewaing Road in Huron County $416,000
2564 IN Complete construction of paths at Hamilton $375,000
County Riverwalk, Noblesville, Indiana....
2565 NY Study and Implement Safety Enhancement to $500,000
Avenue U from Mill Avenue to East 38th
Street and Flatbush Avenue from Avenue T
to Avenue V...............................
2566 PA Upgrade circuit for gates and lights at $275,000
Sixth Street in Emmaus, PA USDOT crossing
number 592402P to constant warning time
devices...................................
2567 TN Plan and construct a bicycle and pedestrian $200,000
trail, Eagleville.........................
2568 NY Improvements for pedestrian and vehicular $600,000
access to Baychester Avenue and Bartow
Avenue....................................
2569 GA SR 400 reconstruction from I-285 to $1,000,000
McFarland Road, Fulton and Forsyth
Counties..................................
2570 MI Construct pedestrian and bicycle pathway at $80,000
Chippewa Landing River Park in the Village
of Caro...................................
2571 GA Upgrade sidewalks, replace street lights, $500,000
and landscaping, Metter...................
2572 AR Highway 412: Baxter Co. to Ash Flat........ $2,000,000
2573 NY Town of North Salem improvements and $200,000
repaving to Hawley Road...................
2574 IA US 20 Mississippi River Bridge and $25,000,000
approaches, Dubuque Co, IA................
2575 NY Construct access road and exit lanes for $1,500,000
Center for Advanced Medicine: North Shore
LIJ Health System.........................
2576 NY Improve key intersections and highway $750,000
segments along Rt. 32 between Route 17-6-
NYS Thruway interchange in Harriman and
Highland Mills............................
2577 CA Widen I-5 to 10 Lanes and Improve Corridor $5,200,000
Arterials, SR 91 to I-710.................
2578 IL For the construction of the Grand Avenue $1,160,000
Underpass, Village of Franklin Park.......
2579 NY Rehabilitation of North and South Ridge $2,160,000
Street and Wappanocca Avenue in the
Village of Rye Brook and City of Rye......
2580 NY NYSDOT Route 55 construction over Fishkill $1,400,000
Creek and left turn lane construction.....
2581 AL Alabama Hwy 36 Extension and Widening-Phase $1,000,000
II........................................
2582 OH Construct Eagle Avenue Viaduct-Demolition $500,000
bridge, realignment of roadway to replace
bridge and reconstruction of two other
bridges, Cleveland........................
2583 NV Construct US 93 Corridor--Boulder City..... $10,000,000
2584 NY Reconstruction of NYS 5, 8, 12. Viaduct and $1,000,000
Rt 5A and 5S: City of Utica...............
2585 CT Street and streetscape improvements along $1,500,000
Campbell Ave., West Haven.................
2586 MA Reconstruct North Washington Street Bridge $6,000,000
to connect Boston and Charlestown.........
2587 MS Upgrade roads in Fayette (U.S. Hwy 61 and $400,000
33), Jefferson County.....................
2588 MN Heritage Center at the Grand Portage $1,400,000
National Monument.........................
2589 NY Redesign and reconstruction of the Putnam $650,000
Rail-Trail, Bronx.........................
2590 OR Highway 34/Corvallis Bypass Intersection... $2,100,000
2591 CA Install traffic signal on Balboa Blvd. at $120,000
Knollwood Shopping Center.................
2592 MA Chelsea Street Bridge Reconstruction....... $8,000,000
2593 AL Pedestrian Improvements for Northport, AL.. $100,000
2594 NV Construct widening of US-50A from Fernley $5,000,000
to Leeteville Junction....................
2595 WA Rebuild & widen Cemetery Road bridge over $200,000
US Bureau of Reclamation canal near
Othello, WA...............................
2596 FL Roadway construction of SW 62-SW 24 Avenue $2,000,000
in Gainesville............................
2597 WA SR 2/Kelsey Street Intersection $1,040,000
Improvements in Monroe....................
2598 NY Town of Southeast construction and repaving $300,000
of town roads.............................
2599 MI Reconstruct Third Ave. from Saginaw St. to $3,000,000
Flint River, City of Flint................
2600 PA Upgrade circuit for gates and lights at $275,000
31st Street in Allentown, PA USDOT
crossing number 592410G to constant
warning time devices......................
2601 NV Construct US 95 Widening from Rainbow Blvd $4,750,000
to Kyle Canyon............................
2602 IN Improve campus streets to increase $2,000,000
pedestrian safety and ease vehicular
congestion in the City of Anderson,
Indiana...................................
2603 PA Schaefferstown Bypass, PA Route 501, $1,000,000
Lebanon...................................
2604 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Dupont Borough, Luzerne County.........
2605 GA Intersection improvement at Lake Dow Road $600,000
and SR 81 Harris Dr at SR 42..............
2606 CA Replace South Access to the Golden Gate $6,000,000
Bridge--Doyle Drive.......................
2607 IL Resurface Yellow Banks Road, Franklin $400,000
County....................................
2608 AL Widen CR-52 from Helena to US-31........... $15,000,000
2609 IL Intersection Reconstruction at US 12-IL31- $900,000
Tryon Grove Road..........................
2610 NY Streetscape of Herald and Greeley Squares $500,000
in New York City..........................
2611 NJ Construct Cape May and Supawna Meadows $750,000
National Wildlife Refuges Roadway and
Parking Improvements......................
2612 TX Del Rio-Laughlin Air Force Base Relief $4,000,000
Route.....................................
2613 NC Study feasibility of widening US 221-NC 226 $3,000,000
from Woodlawn to Spruce Pine, start
planning and design, and make upgrades to
improve safety............................
2614 NY Transportation improvements to the Far $2,400,000
Rockaway Business District, Queens, New
York......................................
2615 VI Upgrade West-East Corridor through $8,000,000
Charlotte Amalie, St. Thomas..............
2616 NH Hampton Bridge Rehabilitation-Hampton, NH.. $1,500,000
2617 CA Gale Avenue widening between Fullerton Road $100,000
and Nogales Street, and Nogales Street
widening at Gale Avenue...................
2618 CA Grade Separation at Cesar Chavez Parkway $500,000
and Harbor Drive, San Diego...............
2619 MO Improve access to I-55 at River Des Peres.. $10,000,000
2620 PA PA Route 61 enhancements, Schuylkill Haven. $10,000,000
2621 MO Kansas City SmartPort ITS for highways..... $5,000,000
2622 PA City of Philadelphia in conjunction with $4,000,000
American Cities Foundation for
neighborhood transportation enhancement
and pedestrian safety projects............
2623 DE Reconstructing I-95/SR-1 interchange, $5,000,000
adding a fifth lane, and replacing toll
plaza on Delaware's portion of I-95
corridor..................................
2624 OH Study possible road upgrades in Tuscarawas $100,000
County due to flood issues based on dams
in Muskingum Watershed District...........
2625 OR Sunrise Corridor, Clackamas County......... $2,850,000
2626 CA Construct Cabot-Camino Capistrano Bridge $838,690
Project and related roadway improvements
in Cities of Mission Viejo and Laguna
Niguel, California........................
2627 TX Construction of mainlanes and interchanges $14,000,000
on SH 121 from Hillcrest to US 75.........
2628 WA Enumclaw, WA Welcome Center................ $1,500,000
2629 PA Upgrade narrow existing roads, Plank, Otts, $1,000,000
Meyers, Seitz Roads, along 1 mile corridor
to 2 lane road with shoulders, improve
intersections.............................
2630 GA Widen Old Petersburg Road-Old Evans Road $4,000,000
from Baston Road to Washington Road,
Columbia County, Georgia..................
2631 CA Widen Peyton Dr. from Grand Ave. to Chino $7,036,110
Hills Pky., construct Eucalyptus Ave. from
Peyton Dr. to Galloping Hills, improve
English Channel...........................
2632 TX New construction for the SH 349 Reliever $2,500,000
Route beginning at the SH 191 intersection
in Midland................................
2633 PA Widen Route 22 between Export and Delmont.. $1,450,000
2634 CA Construction of a traffic signal at the $125,000
intersection of Hamlin St. and Corbin Ave.
2635 NY Design/Environmental work on the Inner Loop $2,400,000
from Clinton Avenue to East Main Street,
Rochester.................................
2636 MO I-35 Access Modification Planning, City of $1,500,000
Kearney...................................
2637 PR Construction of community bridge at Los $425,000
Olvidados Sector, Quebrada Arenas
Community.................................
2638 MN North-South Corridor with Railroad $1,500,000
Overpass, City of Staples.................
2639 CA Port of Hueneme Intermodal Access $4,700,000
Improvement Project, including grade
separation at Rice Avenue and State Route
34; widen Hueneme Road....................
2640 CA Reconstruct and deep-lift asphalt on $4,856,000
various roads throughout the district in
Ventura County............................
2641 GA Upgrade sidewalks, parking, street $500,000
lighting, and landscaping, Claxton........
2642 MS Upgrade roads in Itta Bena (U.S. Hwy 82 and $1,500,000
7) and in vicinity of Viking Range Corp.
(U.S. Hwy 7 and 49), Leflore County.......
2643 VA Widen Route 262 in Augusta County.......... $1,000,000
2644 CA Forest Highway 171 Upper Skyway Improvement $7,250,000
2645 NV Rehabilitate Lake Mead Parkway............. $3,000,000
2646 IL Construct Bridge Overpass, DuSable Museum- $1,000,000
Chicago...................................
2647 WA Expand size and improve safety Lewis and $146,000
Clark Discovery Trailhead and Scenic
Overlook..................................
2648 PA Construction of access improvement at the I- $650,000
79 SR 228 interchange in vicinity of
Cranberry Town Center.....................
2649 PA Development of bicycle and pedestrian $10,000,000
trails and access links along North
Delaware Riverfront.......................
2650 OH Highway--railroad grade separation over the $300,000
Norfolk Southern Rail Line for the Hines
Hill Road--Milford Connector project in
Hudson, Ohio..............................
2651 CA Construct crosswalk bump-outs and related $400,000
streetscape improvements on Temple St
between Hoover St and Glendale Blvd, Los
Angeles...................................
2652 NC Improve SR1023 from US70 Business to US301 $5,000,000
in Smithfield.............................
2653 MA Improvements to Mass. Ave, Andover Street, $1,000,000
Osgood Street, Salem Street, and Johnson
Street in the Old Town Center of North
Andover...................................
2654 KY Reconstruct US 127 at US 127 South, Mercer $600,000
County....................................
2655 CA Construct truck lane from Britannia Blvd. $4,000,000
to the Otay Mesa Port of Entry, San Diego
County....................................
2656 PA Beford, Pa--Relocation of Old Route 220 and $9,000,000
Sweet Road. Complete preliminary
engineering, purchase right-of-way,
construction..............................
2657 GA Design and construction of 2.2 miles of $200,000
multi-use trail in the City of Douglas,
Georgia...................................
2658 IL Entry Road to SIU Research Park............ $1,600,000
2659 NY Kingston, Construct pedestrian waterfront $1,600,000
walkway...................................
2660 MN Reconstruct TH 61 north of Split Rock River $5,280,000
to Chapins Curve, bridges number 8285 and
8286, Lake County.........................
2661 KS Replacement of US-169 bridge in Kansas City $8,500,000
2662 PA Route 313 Turning Lanes and Truck Climbing $1,000,000
Lanes, Bucks County.......................
2663 CA Purchase of Rosemead Blvd ROW, Temple City. $1,000,000
2664 NY Reconfiguration of Bay Avenue and Polaris $8,000,000
Street in Newark, NJ......................
2665 MI Reconstruct highway under a railroad $1,000,000
bridge, Wyoming Ave. from Eagle Pass to
Michigan Avenue, Wayne County.............
2666 OK Construct vehicular bridge over the $1,000,000
Burlington Northern RR at War Bonnet
Crossing, Mannford, OK....................
2667 UT Construction and Rehabilitation of 13th $6,300,000
East in Sandy City........................
2668 VA Construct 3.6 miles of Interstate 73 near $2,000,000
Martinsville..............................
2669 WA Maple Valley SR 169 and SR 516 improvements $1,000,000
2670 FL Construct access road to entrances to Opa- $2,000,000
Locka Airport at Opa-Locka Airport at N.W.
135th Street and N.W. 47th Avenue,
including improvements to N.W. 47th Avenue
with median strip, City of Opa-Locka......
2671 UT Expand Redhills Parkway from 2 to 5 lanes $6,000,000
and improve alignment within rights-of-way
in St. George.............................
2672 OH Bethlehem Township, Ohio. Riverland Avenue $1,300,000
Bridge Replacement........................
2673 MD MD295, BWI Access Improvements............. $4,740,000
2674 OR Connect Boeckman Road to Tooze Road, $1,000,000
Wilsonville...............................
2675 LA Construct I-20 interchanges at US 167 and $5,000,000
Tarbutton Rd. Construct East West frontage
roads along I-20..........................
2676 TX FM 937 from SH164 to FM 3371, Limestone Co. $2,000,000
2677 MO Construct additional exit ramp access lane $4,820,000
from I-44 to Kingshighway and enhance Shaw
Ave. corridor.............................
2678 IN Construction of I-64 Interchange, Harrison $5,310,000
County, Indiana...........................
2679 OH Bridge Replacement at SR 84 and I-90 on $500,000
Bishop Road in Willougby Hills, OH........
2680 TN Continue Shelby Avenue--Demonbreun Street $6,500,000
project in Nashville......................
2681 WI Construct a bicycle/pedestrian path from $2,000,000
Waunakee to Westport......................
2682 CT Construct bike and pedestrian paths along $100,000
Salem Greenway--Salem, CT.................
2683 TX Construct I-635/35E Interchange in Dallas, $5,500,000
TX........................................
2684 CA Hwy 199 Narrow Enhancement to reduce active $2,000,000
slides that cause significant road
closures on primary connecting route from
US 101 to I-5.............................
2685 MD Construction of New Interchange at MD5, $10,000,000
MD373, and Brandywine Road................
2686 GA I-20 West from SR 5 Bill Arp to SR 6--HOV $7,250,000
Lanes.....................................
2687 PA Install and construct signals, calming $450,000
devices and signs in Mechanicsburg and
surrounding municipalities................
2688 FL 44th St. Extension to Golfair Blvd, $1,500,000
Jacksonville..............................
2689 NJ Passaic River-Newark Bay Restoration and $1,000,000
Pollution Abatement Project, Route 21,
River Road, CR 510........................
2690 CA San Gabriel Blvd and Mission Road $200,000
Intersection Improvements, San Gabriel....
2691 NY Rehabilitate 125th Street Corridor from Old $2,000,000
Broadway to Marginal Street/Waterfront....
2692 MI Repair M-10 corridor from I-696 to downtown $1,000,000
Detroit...................................
2693 FL Capital Circle Northwest, Tallahassee...... $10,000,000
2694 TN Installation of Intelligent Transportation $2,000,000
System on various major routes in Memphis.
2695 MI Planning and Engineering for The American $1,500,000
Road, The Henry Ford Museum, Dearborn.....
2696 TX Reconstruct Ella/Wheatley from Little York $1,250,000
to West Gulf Bank.........................
2697 NY Implement Improvements for Pedestrian $1,000,000
Safety in Richmond County.................
2698 FL Palm Bay Parkway from Emerson Drive to US $1,000,000
192, Palm Bay, FL.........................
2699 CA Construct the Los Angeles River bicycle and $575,000
pedestrian path in the San Fernando Valley
2700 TX Construct Santa Fe Trail DART LR overpass $1,400,000
from Hill St. to Commerce St. along
abandoned Santa Fe Rail right-of-way in
Dallas....................................
2701 CA Construct Route 101 bicycle/pedestrian $1,000,000
overpass at Millbrae Ave for the San
Francisco Bay Trail.......................
2702 GU Guam Mass Transit Authority Acquisition of $400,000
transit vehicles for disabled persons.....
2703 LA New Iberia Rail Grade Separation........... $2,000,000
2704 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Ashley Borough, Luzerne County.........
2705 MN Reconstruct Grand Avenue (from Central Ave $750,000
to 59 Ave W), Central Ave (from Grand Ave
to I-35) and Bristol Street (from Central
Ave to Grand Ave), Duluth.................
2706 TN Plan and construct a bicycle and pedestrian $100,000
trail, Cannon County......................
2707 TX Develop, deploy and integrate municipal ITS $3,200,000
in San Antonio............................
2708 TN Jefferson, Hamblen Counties, Tennessee SR- $2,000,000
66 relocation.............................
2709 MD Rehabilitate Pennington Avenue Drawbridge $1,500,000
in Baltimore..............................
2710 PA Construction of I-79 to Mon-Fayette Section $1,000,000
of Southern Beltway, Pittsburgh,
Pennsylvania..............................
2711 FL Springfield Rd. Improvements, Jacksonville. $1,500,000
2712 LA Elimination of highway-rail grade crossings $1,000,000
along Louisiana and Delta railroad........
2713 CA Conduct necessary planning and engineering $1,400,000
and implement comprehensive Corridor
Management Plan for Arroyo Seco Historic
Parkway, Los Angeles......................
2714 FL Plant City Traffic Management System....... $2,000,000
2715 GA SR 347 widen-new construction from I-985 to $10,000,000
SR 211, Hall County, Georgia..............
2716 WA SR28 and SR285 Sellar Bridge Improvements: $5,000,000
ramp & roadway network improvements at the
west end and a new lane on the Sellar
Bridge....................................
2717 NY Stabilize Poughkeepsie Railroad Bridge and $1,092,500
construct a pedestrian walkway linking the
two sides of the Hudson River,
Poughkeepsie..............................
2718 WA International Mobility and Trade Corridor $1,100,000
Project for Whatcom County................
2719 CA State Route 76 Road Widening, Melrose Drive $5,000,000
to Interstate 15..........................
2720 NJ Streetscape Improvements to Clements Bridge $500,000
Road from Newton Avenue to New Jersey
Turnpike, Barrington......................
2721 FL Construct Eastern Connector from SR 417 to $1,000,000
I-95, Volusia & Seminole Counties Florida.
2722 GA Construction of the McIntosh Path on SR 99, $200,000
7.15 miles between Darien, Georgia and the
Sapelo Island Visitor Center..............
2723 AL Construction of Sulphur Springs Road Bypass $5,000,000
in City of Hoover, Alabama................
2724 AZ Pliocene Cliffs reconstruction between $1,000,000
Wikieup and the Santa Maria River.........
2725 MN Construct roadway improvements to CSAH 76, $1,064,000
Little Falls..............................
2726 IN Study alternatives along 2 miles of $150,000
railroad to eliminate in-town highway-rail
crossings to improve safety and reduce
congestion in Delaware County.............
2727 NV Design and construct separation of rail- $1,000,000
highway crossings in downtown Reno........
2728 NJ Maple Shade Township Streetscape $1,000,000
Improvements of Mill Road, Rudderow Ave.,
North & South Coles Ave. and Schoolhouse
Lane......................................
2729 WA Conduct study for I-5 and SR 503 $300,000
interchange...............................
2730 WA Construct Webber Canyon Road realignment at $3,500,000
I-82 Kiona-Benton interchange.............
2731 TX Downtown Streetscape Improvements in $640,000
Beaumont, Texas...........................
2732 NY Improve Traffic Flow on Lefferts Boulevard $500,000
by Rehabilitating Facilities Surrounding
LIRR/Kew Gardens Eastbound Station........
2733 NM Perform highway beautification to the $800,000
recently reconstructed Interstate 40
Interstate 25 Interchange.................
2734 TX Reconstruct interchange at IH 10 and FM $1,000,000
364, Chambers County, Texas...............
2735 CA SR 52 East Improvements (San Diego)........ $6,000,000
2736 OR Study to evaluate alternatives in support $250,000
of an eventual Astoria bypass, Astoria....
2737 GA Commission a study and report regarding the $400,000
construction and designation of a new
Interstate linking Savannah, Augusta, &
Knoxville.................................
2738 VT Construction of the St. Albans, Vermont $1,200,000
intermodal connector roadway with I-89 for
the City of St. Albans....................
2739 OR I-5-Highway 214 interchange improvements, $1,000,000
Woodburn..................................
2740 OR Construction of transportation facilities $800,000
at the Tualatin River Wildlife Refuge.....
2741 WY I-80 Rock Springs Marginal................. $1,900,000
2742 PA Improvements to Route 11 and access to I-81 $1,000,000
2743 IL Improve safety of a horizontal curve on $88,000
Clarksville St. .25 mile north of 275th
Road in Grandview Township, Edgar County,
Illinois..................................
2744 UT Provo Reservoir Canal Trail, Utah.......... $1,000,000
2745 MO South County Riverfront Access and Trails $4,000,000
Project, Lemay............................
2746 AK Road improvements in the City of Fairbanks. $5,000,000
2747 MD Construct Ferry Terminal, Somerset County, $1,000,000
Maryland..................................
2748 MS Plan and Construct two lanes to SR-6 from $4,000,000
SR 342 to Alabama state line..............
2749 CA Construct bypass along Hwy 101 around $5,000,000
Willits, CA to reduce congestion, improve
air quality and enhance economic lifeline
of No. Coast..............................
2750 CA Engineering support to I-5 Joint Powers $150,000
Authority to widen I-5 freeway and improve
corridor arterials from I-710 to Orange
County line...............................
2751 LA Kerner Bridge, Bayou Barataria............. $2,100,000
2752 WA Renton, WA SR 167 HOV, Strander Boulevard $1,000,000
Connection................................
2753 NJ Sussex County, NJ Vernon Township, Mountain $3,000,000
Creek Rt. 94 Traffic Calming, Ped. Safety
and Traffic Congestion, Circulation
Improvement...............................
2754 PA Linglestown Square, roadway and $2,800,000
intersection improvements, Lower Paxton
Township..................................
2755 MD Rehabilitate road including bridges over $3,000,000
CSX tracks in Baltimore...................
2756 WA Extend 18th Street between 87th Avenue and $1,000,000
NE 192nd Avenue in Vancouver..............
2757 TX Implement repairs on Old Pleasanton Road $403,000
Bridge in Atascosa County.................
2758 CA Hazel Avenue Improvements, U.S. Highway 50 $3,000,000
to Madison Avenue.........................
2759 MI Menominee County, County Road 557 Bridge $280,000
Replacement over the Big Cedar River......
2760 OH Massillon, Ohio. Tremont Avenue Bridge $720,000
Rehabilitation............................
2761 MI Montmorency County, Reconstruction of $800,000
County Road 612 from W. County Line to
County Road 491...........................
2762 CA Conduct traffic study of proposed $500,000
realignment of Nutwood Ave in Fullerton...
2763 NM Planning, design and construction of $2,000,000
bikeways and walkway at the City of Santa
Fe's downtown railyard redevelopment
project...................................
2764 GA Streetscape-Bainbridge..................... $250,000
2765 PA Construct SR 706 Corridor, Susquehanna $2,000,000
County, Pennsylvania......................
2766 NY Town of North Salem reconstruction and $150,000
repaving of Keeler Lane...................
2767 FL Conduct planning and engineering for US 17 $3,000,000
widening and improvements in Hardee
County, Florida...........................
2768 IL Traffic Signalization, Matteson............ $907,500
2769 MS Upgrade roads in Kilmichael, Montgomery $400,000
County....................................
2770 NC Upgrade US-220 to I-73-74 interstate $2,000,000
standards in Montgomery County............
2771 WA US-2/Sultan Basin Road Improvements in $600,000
Sultan....................................
2772 TX Add 2 lanes to existing facility from $1,000,000
Victoria County Line to 1.9 miles west of
SH 35 in Port Lavaca......................
2773 FL A1A Transportation Enhancements, Daytona $1,000,000
Beach.....................................
2774 MI City of Menominee, Resurface Hattie Street $225,000
Bridge deck 250 feet from 9th Avenue in
Menominee to Riverside Avenue in
Marinette, WI.............................
2775 TN Eliminate blockage of two lanes on Gay $2,000,000
Street in Knoxville, TN, to accommodate
loading dock..............................
2776 MI Emmet County, ultra thin demonstration $60,000
project resurfacing of Mitchell Road from
the City of Petoskey limits east to
Division..................................
2777 NY Gowanus Expressway Project................. $500,000
2778 PA Design, engineering, ROW acquisition & $200,000
construction of streetscaping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Moosic Borough, Lackawanna County......
2779 AL Expand to 4 lanes on US-278 from I-65 to US- $3,000,000
231.......................................
2780 IL Preconstruction and construction McCarthy $600,000
Road, Bell Road to US-45 and 123rd Street
US 45 to 86th Avenue in Palos Park........
2781 WY Riverton: Reconstruct Hwy 26-Main St....... $1,100,000
2782 MA Somerville Bicycle Path Improvements--Cedar $1,000,000
Street to Central Street..................
2783 MI US-31 improvements and relocation between $9,450,000
Holland and Grand Haven...................
2784 PA Replace Messinger Street Bridge in the $1,000,000
Borough of Bangor.........................
2785 NY Oswego, construct pedestrian waterfront $1,250,000
walkway...................................
2786 KY Reconstruct US 127 from Hustonville Road to $1,500,000
the Mercer County Line, Boyle County......
2787 PA Construction of an intermodal facility in $1,500,000
Altoona, PA...............................
2788 CA Design and construct access improvements in $8,000,000
North Central Business District,
Sacramento................................
2789 NC Construction of the southbound lane of US- $6,000,000
321 bridge replacement over the Catawba
River.....................................
2790 FL Grand Lagoon Bridge Replacement Project. $6,500,000
The replacement of a two-lane bridge with
a four-lane bridge........................
2791 FL Construct SR 9B Extension, St. Johns $4,400,000
County, Florida...........................
2792 AL Design and construct a 4-lane highway from $1,000,000
Muscle Shoals, AL to I-10.................
2793 IN Improve SR 9 Greenfield Corridor, Indiana.. $500,000
2794 NJ Interstate 280 Interchange Improvements, $9,000,000
Harrison..................................
2795 KY Construct I-66 east of Somerset, Kentucky $7,000,000
in Pulaski County to I-75 at London,
Kentucky..................................
2796 VA Plan, design, and construct improvements to $500,000
Virginia Beach Blvd in Virginia Beach and
Norfolk...................................
2797 PA Fayette County, Pennsylvania, State Road 21 $2,000,000
Improvements..............................
2798 ME Replacement of Waldo-Hancock Bridge........ $16,000,000
2799 CT Reconstruct and widen Homer St and Chase $1,500,000
Ave in Waterbury from Waterville Ave to
Nottingham Terrace........................
2800 FL Construct new east-west road from the $1,000,000
intersection of Beeline Highway and PGA
Boulevard west to Seminole Pratt Whitney
Road......................................
2801 WI Enhance West Silver Spring Ave with $400,000
lighting enhancement, crosswalk
improvements, signage, landscaping,
Milwaukee.................................
2802 NY Completion of 1.6 mi trail network in the $124,000
Utica Marsh, NY...........................
2803 TX Construct I-635-I-30 Interchange, Dallas, $12,000,000
Texas.....................................
2804 IL Establish transportation museum on Navy $500,000
Pier, Chicago.............................
2805 CA Establish I-15 Interchange at Nisqualli and $1,500,000
Mojave River crossing in San Bernardino
County....................................
2806 MA Massachusetts Bay Transportation Authority $1,000,000
Secure Station, Boston....................
2807 FL Construct bridges on SR 710 in Palm Beach $2,000,000
County....................................
2808 PA Reconstruct intersection of SR 51 and $2,150,000
Franklin Ave, Beaver County...............
2809 NJ Rehabilitation of existing structure at the $500,000
Bridge Street bridge over the CSX Railroad
Trenton Line in Manville, NJ..............
2810 OR Repair and recoat logging bridge over $150,000
Highway 99E, Canby........................
2811 CA San Gabriel Blvd Rehabilitation Project-- $200,000
Broadway to Las Tunas, San Gabriel........
2812 CA Signal upgrades on Avenida de las Flores, $125,200
Melinda Road, Avenida de las Banderas, and
Alma Aldea, Rancho Santa Margarita,
California................................
2813 CA Construct State Route 905 to connect the $9,000,000
Otay Mesa Port of Entry to Interstate 805,
San Diego.................................
2814 MA Crosby Drive Improvement Project........... $1,000,000
2815 WI Construct North Shore Extension of $350,000
Friendship State Trail, Calumet and
Winnebago Counties, Wisconsin.............
2816 AR Construct and rehabilitate Fayetteville $5,000,000
Expressway Economic Development Corridor..
2817 PA Armstrong County, Pennsylvania, $2,000,000
construction of the Freeport Bridge.......
2818 IL Road extension for Redco Drive to Skyline $1,000,000
Dr, Williamson County.....................
2819 CA Rosecrans Avenue and Bridge Arterial $3,000,000
Reconstruction Project, Compton...........
2820 MA Canalside Rail Trail Construction of the $1,000,000
Canalside Rail Trail, Deerfield & Montague
2821 CA Conduct study and construct Daggett Road, $5,000,000
Port of Stockton, CA, Access Project......
2822 WI Construct a bicycle/pedestrian path, and $2,000,000
two bridges across Starkweather Creek,
Madison...................................
2823 GA Construct City of Fayetteville, GA School $625,000
Access Bike Ped Project...................
2824 TN Sevier County, Tennessee SR 449 extension.. $500,000
2825 GA SR 133 southbound lane bridge replacement $1,000,000
over the Georgia-Florida Railnet line,
Dougherty County..........................
2826 CA Construct grade separation on State Street $2,000,000
and Cajon Boulevard along BNSF tracks in
San Bernardino............................
2827 WA Construct SR 9 Pedestrian Overpass in $800,000
Arlington.................................
2828 CA Implement streetscape improvements along $100,000
Wilbur Avenue to enhance traffic and
pedestrian safety.........................
2829 MD I-95, I-495, MD-5 Branch Avenue Metro $4,000,000
Access....................................
2830 TN Improving vehicle efficiencies at at-grade $57,000
highway-railroad crossing in Loudon, TN...
2831 MO I-470, I-435 & Rt 71 Completion of $3,000,000
Interstate realignment....................
2832 PA Ridge Avenue revitalization project in $1,000,000
conjunction with Roxborough Dev. Corp. for
scenic enhancements & pedestrian safety
improvements along a heavily traveled
thoroughfare..............................
2833 PA Corridor improvements for PA 72 from PA 283 $600,000
to PA Turnpike............................
2834 AR Construction of I-49, Highway 71: Highway $5,000,000
22 to Highway 71 near Jenny Lind..........
2835 CA Provide landscape enhancement of an $500,000
existing open culvert on Atherton Street,
Long Beach................................
2836 NY Rehabilitate Guy Lombardo Avenue and $1,000,000
construct drainage improvements and new
sidewalks and curb cuts in Freeport, NY...
2837 IA I-35 interchange improvements, Ankeny...... $4,500,000
2838 PA Improve Freemansburg Avenue and its $2,000,000
intersections at Route 33.................
2839 NJ Pedestrian facilities and street lighting $400,000
on Route 551 from Route 130 to Chestnut
Street, Brooklawn.........................
2840 IL I-57 and I-294 Interchange................. $3,000,000
2841 FL New Kings Rd. Pedestrian Overpass & $1,000,000
Enhancements, Jacksonville................
2842 TX Grimes Co., TX Bridge Improvement Project.. $500,000
2843 CA Crenshaw Blvd. Rehabilitation, Maricopa St. $1,000,000
to Sepulveda Blvd., City of Torrance......
2844 VA Engineering and Right of Way for Interstate $1,500,000
73 in Roanoke County......................
2845 GA Johnson Ferry Road Glenridge Drive $2,000,000
Widening, Abernathy Road to Hammond Drive.
2846 GA Install walkways, bridges, lighting, $6,020,083
landscaping in Water Works Park and south
along river through Ocmulgee Monument and
Central City Park.........................
2847 OH Intersection improvements and related road $612,000
improvements in the City of Chardon, OH...
2848 WV Construct Coalfields Expressway............ $7,200,000
2849 CA Improve pedestrian and biking trails within $1,000,000
East Bay Regional Park District, Contra
Costa County..............................
2850 MA Berkshire County Bike Paths, Design & $5,000,000
Construction..............................
2851 MI Ogemaw County, Overlay of Fairview Road to $369,600
improve network of all-season truck routes
2852 VA Old Mill Road Extension.................... $1,000,000
2853 PA Construct Campbelltown Connector, Lebanon $2,000,000
County....................................
2854 NJ Construct Rt 40 Reconstruction from Rt 77 $3,000,000
to Elmer Lake, Elmer, Salem County........
2855 OH Design and construct riverwalk and adjacent $1,500,000
facilities, Warren, Trumbull Co...........
2856 CA Realign SR-4 within the City of Oakley..... $2,000,000
2857 IL Construct recreational trail from Spring $400,000
Creek Forest Preserve to Greene Valley
Forest Preserve in DuPage County, IL......
2858 MN Construct trail link between Bruce Vento $1,500,000
Regional Trail and Mississippi River
Corridor in St. Paul......................
2859 FL Construct Interstate-4/Crosstown Connector. $1,000,000
2860 UT Add lights to road from Halchita to Mexican $200,000
Hat on Navajo Mountain....................
2861 CA Construct off ramp at Interstate 8/Imperial $3,000,000
Avenue Interchange, El Centro.............
2862 VA Cranesnest Trail--construction of hiking, $650,000
biking, horse trail from Route 83 to
Cranesnest Campground.....................
2863 NC Durham and Chatham Counties, NC Completion $2,000,000
of American Tobacco Trail.................
2864 TX Austin to Manor Rail Trail, Texas.......... $2,000,000
2865 PA Eliminate existing rail line in Indian, PA $4,000,000
to eliminate 37 at-grade crossings and
reconstruct the line outside the town from
Glenn Lock to Middletown..................
2866 MN Extend Cuyuna Range and Great River Road $400,000
Trails, Aitkin............................
2867 NY Conduct planning, engineering, and eventual $500,000
construction of Rte. 5 in City of Oneida,
from Seneca St. to county line............
2868 NY Great Neck Road Traffic Calming Project.... $400,000
2869 NJ Design and construct new streetscape $1,000,000
through Irvington Center..................
2870 IL Construct connector road between $6,000,000
Collinsville Rd to IL3/North 1st St, St.
Clair County..............................
2871 NJ Carteret, NJ Ferry Service Terminal........ $2,100,000
2872 AL Construct I-10-US-231 Connector from $2,000,000
Dothan, AL to Florida.....................
2873 OH Bicycle paths for the Magic Mile in $800,000
Willoughby, OH............................
2874 NC Construct Interstate 73-74 in Montgomery $18,000,000
County and Richmond County, North Carolina
2875 NY Construct Phase II I-90 Connector ITS $6,000,000
Laboratory in Rensselaer County...........
2876 NC Design and construct Airport Area Roadway $2,800,000
Network...................................
2877 WA Engineering and construction of the $1,000,000
Centennial Trail in Snohomish.............
2878 OR I-5 Beltline Interchange................... $20,000,000
2879 IL Extension North from Rt. 30 to Wheeler Road $4,760,000
and Galena Boulevard extension west of Rt.
47 in Sugar Grove, IL.....................
2880 NY Newburgh, Improve East End Roads........... $1,863,500
2881 ME Construction of the Kennebec River Rail $400,000
Trail.....................................
2882 CA Construct Bristol Street multi-modal $3,000,000
corridor in Santa Ana.....................
2883 CA Construct pedestrian sidewalk enhancements $500,000
in Bellflower.............................
2884 KS Improvement and expansion for 2.7 miles of $14,500,000
K-18 in Geary County......................
2885 CA I-110/SR 47/Harbor Blvd. Interchange $5,000,000
Improvements, San Pedro...................
2886 MA Oxbow National Wildlife Refuge, Design and $2,000,000
construction of a Visitor Contact Station.
2887 AL Pedestrian Improvements for Pell City, AL.. $200,000
2888 WI Rehabilitate Highway 51 between CTH S and $2,000,000
USH 8 in Lincoln County...................
2889 OH Rehabilitate tunnel and bridge on National $700,000
Road Bikeway in St. Clairsville...........
2890 MD Pennington Ave Drawbridge, Baltimore....... $1,000,000
2891 MA Rehabilitation and paving of Parker River $250,000
Road......................................
2892 MN Reconstruct CSAH 17 between Itasca CR 341 $3,200,000
and the Scenic State Park entrance to
improve safety and structural integrity...
2893 OH Grading, paving, roads for the transfer of $5,000,000
rail to truck for the intermodal facility
at Rickenbacker Airport...................
2894 PA Relocation of PA 52 at Longwood Gardens.... $1,000,000
2895 TX Construct Interstate 35 improvements in $1,000,000
Buda......................................
2896 TN Improve streetscape and signage, McMinn $300,000
County, TN................................
2897 OR Culvert Replacement, Sweet Home............ $130,000
2898 AL AL 5 Widening in Bibb County............... $3,000,000
2899 CO Design and build a multimodal corridor on $5,000,000
US 36.....................................
2900 WA Development of highway-rail crossings in $1,000,000
Spokane County, WA and Kootenai County, ID
2901 OH Acquire right of way land along US 24, $1,000,000
Lucas County..............................
2902 IL Improve Streets, Westchester............... $150,000
2903 NY Enhance road and transportation facilities $3,000,000
in the vicinity of W. 65th St and
Broadway, New York City...................
2904 TN Construction of Knob Creek Road in $500,000
Washington County, Tennessee..............
2905 TN Improve streetscape and pavement repair, $300,000
Loudon County, TN.........................
2906 CA Improvement of intersection at Inglewood $3,600,000
Ave and Marine Ave to reduce congestion...
2907 HI Interstate Route H1 rehabilitation, $7,430,000
Kaahumanu Street to Kaimakani Street......
2908 ID Construct Interchange on I-84 at Ten Mile $2,000,000
Rd, Meridian, Idaho.......................
2909 NJ Pedestrian facilities and street lighting $347,120
on Haddon Avenue from Voorhees Township
Line to Bate Avenue, Berlin Township......
2910 WA 267th Street NW Pedestrian Path in Stanwood $400,000
2911 KY Replace US 68 and US 150 Bridge over $750,000
Chaplin River, Perryville.................
2912 UT Geveva Rd-Provo Center Street, Orem 1600 $7,500,000
North to I-15 FWY, Provo-widen from 2 to 4
lanes.....................................
2913 IL Construction of a new roadway and grade $7,000,000
separation of the UP West Line east of
Elburn....................................
2914 VA Haymarket, VA. Washington Street $500,000
improvements..............................
2915 NJ Improvements to implement the Readington $500,000
Tewksbury Transportation Improvement
District..................................
2916 IL Allow IDOT to proceed with engineering and $1,750,000
construction of Airport-Lockport Rd and
Illinois Route 126 interchanges on I-55...
2917 AR Caraway Bridge Overpass.................... $7,000,000
2918 OH Construction of an Intermodal Facility at $500,000
University Circle in the City of Cleveland
2919 PA Jeannette Truck Route...................... $500,000
2920 MD MD 45, Cavan to Ridgley Roads.............. $5,520,000
2921 MD MD 30 Hampstead Bypass..................... $1,000,000
2922 MI Monroe Area Highway-Railway Crossing $6,400,000
Improvements, City of Monroe..............
2923 OH Obtain right-of-way and construct the $2,000,000
161,37 widening project in Franklin and
Licking Counties, Ohio....................
2924 CT Enfield, Connecticut Make improvements to $1,910,000
South Maple Street Bridge.................
2925 NY Conduct studies, if necessary, and $2,000,000
construct infrastructure projects for
Governor's Island.........................
2926 NY Harlem River Park and Bikeway.............. $1,000,000
2927 CT Make Improvements to Plainfield Cemetary $300,000
Road......................................
2928 SC Construct grade separation and interchange $1,000,000
improvements at U.S. 521, Lancaster County
2929 NJ Replacement of the Magnolia Avenue Bridge $1,000,000
over Route 1 & 9..........................
2930 IL Resurfacing and restriping Euclid Ave $300,000
between Walnut Ave and Douglas Ave in
Arlington Heights.........................
2931 MI Resurfacing of Frazho Road in Roseville.... $1,280,000
2932 CA Construct 213th Street pedestrian bridge to $1,000,000
provide safe passage for pedestrians and
wheelchairs, Carson.......................
2933 MO Conduct impact studies for Missouri River $5,000,000
Bridge siting in Kansas City, MO..........
2934 CA Construction of Lenwood Road Grade $1,500,000
Separation in Barstow, CA.................
2935 PA Improvements to Frankford Avenue from $1,250,000
Cottman Avenue to Harbison Avenue.........
2936 IN Revelop Hazeldell Road, Hamilton County, $500,000
Indiana...................................
2937 AK Road Improvements and upgrades to service $5,000,000
road areas and miscellaneous projects
within Northstar Borough..................
2938 OH Rehabilitation or replacement of highway- $610,000
rail grade separations along the West
Central Ohio Port Authority route in
Champaign and Clark Counties..............
2939 MI Otsego County, Resurfacing and widening of $368,000
Parmater Rd...............................
2940 WA Realign West Main Street through Kelso..... $2,000,000
2941 TN Reconstruct State Route 109 from I-40 in $1,000,000
Wilson County to Portland in Sumner County
2942 PA Redesigning the intersection of US322/High $1,000,000
Street and Rosedale Ave...................
2943 DE Replacement of the Indian River Inlet $4,000,000
Bridge, Sussex County Delaware............
2944 FL Construct link from I-95 to I-10 through $3,000,000
Clay County with terminus points SR23 to
CAR739B...................................
2945 MN Construct ramps and new bridge over $900,000
Interstate 35 at CSAH 17, and reconstruct
CSAH 17 from west County Line to CSAH 30,
Chisago County............................
2946 CT Conduct multi-modal study of Route 8 $1,000,000
corridor between Beacon Falls-Seymour town
line and exit 40..........................
2947 AR Hwy 65 improvements in Van Buren County, $1,200,000
including construction of passing lanes,
bridge improvements, intersection
improvements and other roadway
improvements..............................
2948 AZ Construct sidewalks along White Spar Road - $500,000
Prescott, AZ..............................
2949 NY Construction of Pedestrian and Bike Trail $500,000
campus access & improvements, St.
Bonaventure, NY...........................
2950 NY Eastern Laurelton Area Improvements, $8,600,000
Queens, New York..........................
2951 NY Bicycle and pedestrian safety improvements, $1,200,000
Main Street, Riverhead....................
2952 AL Construct County Road 83 corridor from $10,000,000
Foley Beach Express to I-10...............
2953 PA Design and construct improvements to PA 465 $3,870,500
from Walnut Bottom Rd. to PA 641 and at I
81 Exit 44................................
2954 IL Reconstruct and Widen Route 60 Bridge over $8,000,000
I-94 in Lake Forest.......................
2955 VA Improve Downtown Staunton, Virginia, $1,500,000
Streetscape...............................
2956 PA Route 322 Halls Run Upgrades from the $1,700,000
intersection of Horsecreek Road to
Mapleshade Road -Venango County...........
2957 PA Design, engineering, ROW acquisition & $2,500,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Wilkes-Barre...........................
2958 IN SR56 Reconstruction, Aurora, Indiana....... $5,120,000
2959 MI Study and implement transportation system $4,000,000
alternatives in the vicinity of US31/M46..
2960 MA Longfellow Bridge Rehabilitation........... $2,500,000
2961 IL For Village of Bolingbrook to construct $500,000
Remington Blvd. extension.................
2962 AZ Construction of Rio Salado Pedestrian $3,000,000
Bridge in Tempe, AZ.......................
2963 MI Study to determine replacement options for $4,000,000
obsolete and structurally deteriorating
bridge (Trenton- Grosse Ile Bridge)
including approach roadways, Charter
County of Wayne...........................
2964 PA Mount Joy Bridge Replacement on Route 230.. $250,000
2965 CA Modifies 9 traffic signals between Willow $300,000
Road and Middlefield Road and Hamilton
Avenue, Menlo Park........................
2966 OH Summit County Engineer Reconstruct Access $500,000
Roads to Cuyahoga Valley National Park....
2967 OR To study the feasibility of widening Hwy 26 $1,000,000
from the Hwy 217 interchange to the
Cornelius Pass exit.......................
2968 GA Athens-Clarke County Greenway Enhancement $2,320,000
Project...................................
2969 WA Improve Wahkiakum County Ferry landing..... $200,000
2970 IL Irving Park Bridge over the Chicago River.. $4,000,000
2971 MI Design, right-of-way and construction of $2,200,000
passing relief lanes and improvements
necessary on M-55, between M-37 and M-115.
2972 NE Design, right-of-way and construction of $3,000,000
South and West Beltway in Lincoln,
Nebraska..................................
2973 TX Tower 55 CMAQ Congestion and Preliminary $2,000,000
Engineering Study.........................
2974 NY Town of Chester Lake, Hill Farms $150,000
subdivision road improvements.............
2975 MN Improvements on TH 169 east and west of $2,216,000
East Two Rivers Crossing and TH 135 from
Enterprise Drive to TH 169................
2976 IN Reconstruct Standard Avenue, Whiting....... $1,300,000
2977 TX Barron Rd. Interchange at SH6 (Earl Rudder $3,000,000
Freeway) College Station..................
2978 CA Develop conceptual master plan to improve $215,000
the efficiency of transportation
facilities, Covina........................
2979 PA Transportation enhancements along the $1,000,000
Delaware Canal between Yardley, PA and
Bristol, PA...............................
2980 VA Upgrade DOT crossing #467661K to constant $171,700
warning time devices......................
2981 UT Add lighting on Highway 262 on the Navajo $175,000
Nation in Aneth...........................
2982 VA Chestnut Mountain Road--feasibility study, $500,000
design and construction start for road
improvement on National Forest lands......
2983 MI Construction of roads and trails Humbug $1,100,000
Marsh Unit Linked Greenways System,
Detroit International Wildlife Refuge.....
2984 TX Construct access road connecting Port of $3,120,000
Beaumont property on east bank of Neches
River to I-10 access road east of the
Neches River..............................
2985 AR Develop U.S. Highway 71 (I-49) to $3,160,000
Interstate standards on new location
between Mena, AR and LA state line........
2986 SC Lexington County, widen US 1 and SC 6, and $2,000,000
improve US 1, SC 6, and US 378............
2987 IL Midlothian Road Signalization, Lake Zurich. $600,000
2988 VA Glen Alton--design and construction of $1,000,000
recreation trails, access and visitor
information center........................
2989 MI Expansion of Cass Avenue in Clinton $9,194,000
Township..................................
2990 CO Bromley Lane and US 85 interchange $1,000,000
feasibility study and construction of
needed improvements.......................
2991 MD Constructing Chestertown Trail, $300,000
Chestertown, MD...........................
2992 IL Eastern Peoria Bypass...................... $3,000,000
2993 VA Conduct planning and engineering for Mayo $2,000,000
Bridge in Richmond........................
2994 NY Elevation of road and construction of $620,000
drainage improvements on Sequams Lane
Center and Sequams Lane West in the Town
of Islip, NY..............................
2995 NM Improvements to San Juan County Road 7950.. $1,000,000
2996 WA 116th St/Interstate 5 Interchange $1,000,000
Reconstruction in Marysville..............
2997 SC Construction of public roads at the $5,000,000
International Center for Automotive
Research and reconstruction of Fairforest
Way in Greenville, South Carolina.........
2998 PA Provide 4 through-lanes on PA100 by $5,000,000
constructing two thru lanes to the east of
Ludwigs Corner............................
2999 PA Completion of construction of final 2 ramps $2,000,000
of I-79 interchange with Parkway West;
widening of 1 mile of Parkway West leading
to ramps..................................
3000 CA Diamond Bar, CA Grand Avenue Rehabilitation $1,600,000
3001 NY Reconfigure intersection of Ridge Street $725,000
and Hallocks Mill Road & install new
traffic signal............................
3002 WA Guard Street Reconstruction Project in $800,000
Friday Harbor.............................
3003 CO Roadway widening and interchange rebuilding $4,000,000
on I-225 from I-70 to Parker Road.........
3004 PA Roosevelt Boulevard improvements by the $2,500,000
Pennsylvania Department of Transportation.
3005 MN Construct Paul Bunyan Trail Walker to $700,000
Bemidji Segment...........................
3006 HI Upgrades to Farrington Highway............. $1,000,000
3007 KY US 41A Phase II Design and Right of Way.... $3,000,000
3008 NM US 54 Corona, Tularosa, and Vaughn Bridges $1,000,000
Replacement and Rehabilitation............
3009 OH Construction of access road along east side $1,000,000
of SR 8 in Summit County, OH..............
3010 TX US281 from Brooks County Line to FM 3066, $2,000,000
Brooks County.............................
3011 FL Construction of an interchange at Florida's $5,538,959
Turnpike & Stirling Rd. in Broward County.
3012 NY Construction of the City of Watertown $2,500,000
Streetscape Enhancement Project...........
3013 IL Install countdown devices on pedestrian $500,000
crossing signals on US Routes 12/20 and 50
in Oak Lawn...............................
3014 NY Install Improvements for Pedestrian Safety $250,000
in the vicinity of St. Roberts Bellarmine.
3015 NY Rebuild Queens Plaza, a 250-foot wide $8,000,000
roadway on the eastern end of the
Queensborough Bridge......................
3016 PA Upgrade circuit for gates and lights at $275,000
Seventh Street in Emmaus, PA USDOT
crossing number 592401H to constant
warning time devices......................
3017 UT SR-158 Improvements, Pine View Dam, Weber $1,100,000
County, Utah..............................
3018 CA Valley Boulevard Capacity Improvement $2,000,000
between 710 Freeway and Marguerita Avenue,
Alhambra..................................
3019 IL Offramp and overpass from I-57 outside of $5,000,000
Marion and necessary connector roads......
3020 AK Construction of and improvements to roads $3,000,000
at Alaska Pacific University..............
3021 SC Upgrade of the I-95/SC 327 Interchange near $7,500,000
Florence..................................
3022 CA Valley View/Stage Grade Separation Project, $900,000
La Mirada and Santa Fe Springs, California
3023 OR Renewal of Wooden Bridge West of Albany.... $8,000,000
3024 MI Northville, Taft Road from 8 Mile North to $500,000
city limits...............................
3025 NY Village of Pawling Rehabilitation of $100,000
Grandview Ave from Lakeside to end........
3026 SD Regrade and resurface BIA Route #5 south of $1,500,000
Dupree on the Cheyenne River Reservation..
3027 FL Church Street Improvements, Orlando........ $13,000,000
3028 MI Walled Lake, Widen Maple Road, west of $125,000
Decker to Welch...........................
3029 AR Washington County, Arkansas--replace and $800,000
rebuild Tilly Willy Bridge................
3030 AR Russellville Intermodal Facility construct $2,000,000
access roads from AR Hwy 247, purchase
Right-of-Way..............................
3031 TX Construct IH 30 Monty Stratton Parkway $1,000,000
Interchange in Greenville, TX.............
3032 PA Design and Construction of Portzer Road $2,000,000
Connector, Bucks County...................
3033 IL For Plainfield Township Park District to $100,000
construct DuPage River Bike & Pedestrian
Trail linking Grand Illinois, Midewin, &
I&M Canal Trails..........................
3034 TX Pedestrian Path and Sidewalk Improvements $500,000
along US 83 in Rio Grande City............
3035 MS Upgrade roads at Tougaloo College.......... $500,000
3036 IL Washington Street Widening, Gurnee......... $3,360,000
3037 LA Belle Chasse Tunnel........................ $500,000
3038 FL Implement Busch Boulevard corridor $2,500,000
improvements to improve safety in Tampa...
3039 MI Construction of Pittsfield Greenways $201,000
Bridge--nonmotorized bridge enhancement
onto existing Bemis Road Bridge,
Pittsfield Charter Township...............
3040 NC North Carolina. Repair and improve safety $8,000,000
features on US Hwy 19 from Maggie Valley
to Cherokee...............................
3041 NC Northern Loop Project, City of Wilson...... $1,000,000
3042 OR Weaver Road Extension and Bridge Project, $17,500,000
Douglas County............................
3043 MI Complete 58 miles of White Pine Trail from $1,500,000
Grand Rapids to Cadillac..................
3044 NY Elmira Congestion Mitigation............... $2,000,000
3045 IL Improve Roads and Bridges, Cicero.......... $1,500,000
3046 MI John-Daly Road Reconstruction--2.5 miles $2,500,000
from northern city limit to southern city
limit, Inkster............................
3047 UT Construct pedestrian safety project on the $325,000
Navajo Nation in Montezuma Creek..........
3048 MD Construct MD5, Hughesville Bypass.......... $10,000,000
3049 OH Repair & Construct Rock Spring Bridge, $500,000
Portage County............................
3050 RI Replace I-195 Washington Bridge Eastbound.. $2,000,000
3051 UT Bear River Migratory Bird Refuge Access $4,000,000
Road Improvements, Box Elder County, UT...
3052 MA Reconstruction of Union St. and Rt. 138W, $1,720,000
Holbrook..................................
3053 MI Replacement of the interchange at 44th $9,000,000
Street and U.S. 131 in Grand Rapids.......
3054 OH Construct interchange improvements at SR 46 $1,000,000
and 82 in Howland Township, Trumbull Co...
3055 GA Widen and construct US 84 Connector Bypass $2,000,000
from west of US 84 SR 119 west of
Hinesville to US 84 SR 196 south of
Flemington, Liberty County, Georgia.......
3056 IL Project is a stand-alone roadway $1,000,000
improvement consisting of the complete
reconstruction of the roadway, The Village
of Forest Park............................
3057 MI Jackson Freeway Modernization Project. I-94 $15,000,000
Modernization Project from Michigan State
Route 60 [M60] easterly to Sargent Road...
3058 VA Smart Travel and Traffic Management Systems $300,000
in Salem and Staunton District, Virginia..
3059 OH Construct Great Miami River Multi-Use $1,270,000
Trail, Miami County, Ohio.................
3060 DC Rock Creek Recreational Trail study to $1,000,000
assess feasibility of constructing
recreation trail..........................
3061 MI Study road runoff in Little Black Creek $400,000
between U.S. 31 and Seaway Drive..........
3062 CA Conduct environmental review of proposed $500,000
improvements related to the connection of
Dumbarton Bridge to Highway 101...........
3063 NY Construction of and improvements to Union $1,000,000
Road in West Seneca.......................
3064 WI Upgrade I-43 between State Highway 140 and $3,000,000
East County Line in Rock County, Wisconsin
3065 NJ Separation of the intersection of 13th $555,000
Street and the Lehigh Rail Line through
bridge or tunnel in Manville, NJ..........
3066 CA Construct parking facility and improve $377,500
access to Imperial Valley Expo............
3067 CA Develop bicycle paths and pedestrian access $300,000
to Third Avenue, Chula Vista..............
3068 IL Upgrade County Highways 18 and 22 in $2,000,000
conjunction with state I-57 interchange
plan north of Mattoon.....................
3069 CA Widen & Reconfigure Sepulveda & Culver $2,740,000
Boulevards, Culver City...................
3070 OH Construct interchange or other appropriate $6,935,000
access on IR 70 west of existing mall road
exit in Belmont County....................
3071 AZ Widen and expand the existing roadway and $4,000,000
railroad overpass in the Houghton Road
Corridor..................................
3072 OK Construction of Duncan Bypass Grade $3,000,000
Separation................................
3073 SC Pine Needles Widening & Bridge Replacement. $3,000,000
3074 CA Olsen Road widening and roadway improvments $2,000,000
in Simi Valley, California................
3075 GA Streetscape project to upgrade sidewalks, $500,000
lighting and streets, Jeffersonville......
3076 NY Implement Diamond Grinding Measures on I- $700,000
95, I-278, Mosholu Parkway, I-495, Grand
Central Parkway, and Richmond Parkway.....
3077 MD Upgrade Conduit System for Traffic Signal $1,300,000
Systems, Street Lighting, and Traffic-
related Video Cameras for Baltimore.......
3078 WA 5th Street/US 2 Signalization Improvements $100,000
in Sultan.................................
3079 WI Implementation of recommendations contained $600,000
in 2005 Safe Routes to School in Superior
plan......................................
3080 LA Widen and improve LaPlaco Boulevard from $4,000,000
Bayou Segnette to US90, Jefferson Parish..
3081 NY Realign Kirk Lake Drive in Carmel.......... $110,000
3082 NY Town of Somers road reconstruction......... $500,000
3083 OH Upgrade grade crossing safety devices in $952,000
Elyria and North Ridgeville...............
3084 MS Widen and improve Martin Bluff Road, $3,000,000
Gautier...................................
3085 CA Widen and reconstruct Washington Blvd from $3,000,000
westerly city boundary at Vernon to I-5
Fwy at Telegraph Rd in Commerce...........
3086 CA San Diego, CA Interstate 5, Sorrento Valley $2,000,000
Road and Genesee Avenue Interchange
Project...................................
3087 OR Widen I-5 between Portland, Oregon and $4,750,000
Vancouver, Washington.....................
3088 LA North-South Corridor from Houma/Thibodaux $5,000,000
to I-10...................................
3089 GA Warren County I-20 Frontage Road........... $3,000,000
3090 KY Widen KY 11 from US 460 to the Mt. Sterling $2,500,000
Bypass, Montgomery County.................
3091 OH Traffic and safety improvements to county $1,070,000
roadways in Geauga County, OH.............
3092 CA Develop bicycle paths and public park space $5,000,000
adjacent to the New River, Calexico.......
3093 TN Construction of the Foothills Parkway in $7,500,000
the Great Smoky Mountains National Park...
3094 PA Improvements to Torresdale Avenue from $1,250,000
Harbison Avenue to Cottman Avenue.........
3095 GA Butner Road and Stonewall Tell Road, Fulton $1,000,000
County....................................
3096 OH Construction of highway-rail grade $1,250,000
separations at intersections in Lima to
improve motorist and pedestrian safety....
3097 OR Siuslaw River Bridge, Florence............. $4,250,000
3098 CA Construct Cypress Avenue over-pass to $3,000,000
separate Interstate 10 and Union Pacific
Railroad tracks in Fontana................
3099 CA Modify and reconfigure Kanan Road $5,000,000
interchange along US101 in Agoura Hills...
3100 OH Upgrade and widen intersection for SR 14 in $1,000,000
Washingtonville...........................
3101 NM Upgrade NM 434 from Mora north to Black $1,500,000
Lake......................................
3102 NJ Upgrade of Turnpike/Route 440 Interchange $4,000,000
in Bayonne................................
3103 LA Widen LA 18 from Northrup Grumman/Avondale $2,500,000
Shipyards to US 90, Jefferson Parish......
3104 PA Widen PA 896 between Strasburg Borough and $1,000,000
US 30.....................................
3105 MI Eliminate major roadway on Cleary $500,000
University campus and establish a new
roadway...................................
3106 PA Reconstruction of 11 mile segment of the $500,000
Lower Trail between Williamsport and Mt
Edna, Blair County, Pa....................
3107 KY Construction of interchange connecting $1,000,000
US31W to I65 at mile marker 32 in Warren
County....................................
3108 AS Drainage mitigation for Pago Pago village $1,000,000
roads.....................................
3109 NC Install Sugar Creek Grade Separation....... $3,000,000
3110 LA Improvements to LA46 in St. Bernard Parish. $400,000
3111 IN Construct Hoham Drive Extension in $500,000
Plymouth, Indiana.........................
3112 OR Construct turn lane on Gateway Boulevard, $90,000
Cottage Grove.............................
3113 TN Replace Unitia Bridge in Loudon County, TN. $900,000
3114 VA Replacement of Robertson Bridge in Danville $5,450,000
3115 MA Public Improvements to Springfield Symphony $300,000
Hall......................................
3116 NY Realign Union Valley Road in Town of Carmel $550,000
3117 NY Village of Pawling Improvements to $125,000
Reservoir Road from State Rt 22 to
Prospect St...............................
3118 MS Build connector between SR 609 and State $3,000,000
Highway 15 near I-10, Jackson and Harrison
Counties..................................
3119 CO I-70 West Mountain Corridor, Denver to $4,000,000
Garfield County...........................
3120 CA Completion of Interstate 5 and Interstate 8 $6,000,000
Connectors, San Diego.....................
3121 FL Construct US 1 interchange at CR 210, St. $6,600,000
Johns County, Florida.....................
3122 OH Construct roadway improvement project along $250,000
State Routes 37 and 78 through Fairfield,
Perry, Morgan, Noble, Monroe Counties.....
3123 IL Construct I-57 Bridge Overpass, City of $600,000
Markham...................................
3124 NJ Design, plan and build a permanent $500,000
pedestrian/bicycle path along the banks of
the Elizabeth River.......................
3125 NJ Improve the US Interstate 78 Interchange at $1,000,000
exit 15 in Franklin Township, Union
Township, and Town of Clinton.............
3126 CA Reconstruct Rosecrans Av. and construct bus $400,000
pads from Garfield Av. to Century Bl. in
Paramount.................................
3127 TN Bristol, Tennessee highway-RR crossing $100,000
grade improvement--USDOT#731120J..........
3128 CO Glenwood Springs South Bridge (new, off- $6,500,000
system bridge)............................
3129 NJ Improvements of Newark and First Streets in $300,000
Hoboken...................................
3130 OH Construct I-70 interchange at Burnett Road, $1,250,000
Springfield...............................
3131 MN Construction of Gitchi-Gami State Trail $1,500,000
from Silver Bay to Tettegouche State Park.
3132 CA Improvements/Widening of SR 99 from Goshen $6,200,000
to Kingsburg in Tulare County, California.
3133 CA Design and implement Harbor Boulevard ITS $1,000,000
in Garden Grove...........................
3134 WI Complete the Glacial Drumlin Trail, from $300,000
Madison to Waukesha.......................
3135 PA Design and construct turn lanes, signal $580,000
upgrades and improvements at PA 34 and 174
intersection..............................
3136 PA Design, engineering, ROW acquisition & $200,000
construction of streetscapping
enhancements, paving, lighting, safety
improvements, parking & roadway redesign
in Wright Township, Luzerne County........
3137 PA I-70-I-79 South Interchange Redesign and $2,000,000
Upgrade...................................
3138 PA Chicora, PA Butler County, PA Rail Bridge $1,200,000
Replacement Project.......................
3139 CA Improve Access Road to Beale Air Force Base $3,750,000
(Smartville Road).........................
3140 CA Interstate 215, Los Alamos Road Interchange $2,000,000
Project...................................
3141 NE Missouri River Bridges between US-34, I-29 $4,200,000
in Iowa and US-75 in Nebraska.............
3142 AL Huntsville Southern Bypass planning and $3,000,000
engineering...............................
3143 MO Redesign and reconstruct I-170 interchange $400,000
at Ladue Rd...............................
3144 NY Construct Interstate 87 Exit 3 Airport $3,000,000
Connector in Albany.......................
3145 CA Citywide traffic signal upgrades requiring $500,000
the installation of hardware and software
at 9 major intersections, Palo Alto.......
3146 OH Construct replacement of Morgan Township $3,300,000
Road 209 between SR 60 and SR 78 in Morgan
County....................................
3147 GU Construct Route 3A Extension, Municipality $3,000,000
of Yigo...................................
3148 NY Construct the Setauket/Port Jefferson $5,000,000
Greenway Trail Project....................
3149 AR Develop a railroad overpass connecting U.S. $2,640,000
Highway 67 and U.S. Highway 371 in
Prescott..................................
3150 FL Construct SR 312 Extension Bypass, St. $5,300,000
Johns County, Florida.....................
3151 GA Construct Welcome Center, and pedestrian $500,000
trail, Abbeville..........................
3152 VA Improve Erickson Avenue and Stone Spring $750,000
Road connection...........................
3153 TX Reconstruct Loop 12 IH 35E and SH 183 west $5,000,000
extension to MacArthur, Irving, Texas.....
3154 OR Completion of the first of three phases of $4,800,000
trails in the Regional Trails Program.....
3155 MN Construct bridge for Paul Bunyan Trail over $1,500,000
Excelsior Road, Baxter....................
3156 KY Reconstruct US-127 at the US-127 and US-127 $600,000
North Bypass, Mercer County...............
3157 CA Rehabilitate street surface of Addison St. $47,000
between Kester Ave. and Lemona Ave........
3158 IL City of Springfield, IL for improvements to $952,572
Cockrell Lane.............................
3159 OH Repair/Construct Mill Street Bridge, Akron. $1,800,000
3160 MI Resurface Caseville Road in Huron County... $192,000
3161 PA River Trail and Esplanade Development at $750,000
the Southside Riverfront Park.............
3162 IL Construct access roads to National Great $1,400,000
Rivers Research Center....................
3163 IL Construct Roadway from Mississippi River $1,750,000
Barge Dock to IL Rt 3-IL Rt 157, Cahokia..
3164 PA Context Sensitive Design Elements for the $1,000,000
Market Street Bridge, Lycoming County, PA.
3165 NY Implement Pedestrian Safety Improvements on $500,000
Queens Boulevard..........................
3166 NV Design and construct interchange on I-15 $1,000,000
from mile post 117.5 to mile post 118.5 in
Mesquite..................................
3167 CA Construct grade separations at Washington $500,000
Ave & UPRR crossing east and Washington
Ave & La Cadena Drive in Colton...........
3168 MD Intercounty Connector...................... $6,000,000
3169 MA Charlemont Bridge, Route 2, Charlemont..... $4,800,000
3170 MN CSAH 47 rehabilitation from 165th Ave to TH $440,000
25, Morrison County.......................
3171 MS Improve Old Augusta Road and construct $3,500,000
Kaiser Road, Perry County.................
3172 PA Reconstruction of US30 from PA10 to $5,000,000
Business US30 including travel lanes,
shoulders, etc............................
3173 NY Route 78 (Transit Road), Genesee Street to $3,000,000
Main Street, Towns of Amherst, Cheektowaga
and Clarence in Erie County...............
3174 NY Southtowns Connector--Construct $10,000,000
improvements to NY Route 5 from Coast
Guard Base to Ohio Street, including
Fuhrmann Boulevard........................
3175 CA SR 91 I 605 Needs Assessment Study, $16,000
Whittier, CA..............................
3176 GA SR70/Fulton Industrial Boulevard widening $1,500,000
from Camp Creek Parkway to the SCL RR,
Fulton County.............................
3177 MO Ste. Genevieve Co., Missouri Rt. 61 bridge $1,500,000
replacement over Establishment Creek......
3178 MN Construction of intersection at County Road $1,000,000
5 and TH13 in City of Burnsville..........
3179 GA SR 307 overpass over Georgia Port Authority $4,000,000
rail line, Savannah.......................
3180 MO Study railroad reconfiguration to eliminate $1,000,000
highway crossings in and around
Springfield, MO...........................
3181 NC Construct relocated NC 16 in Lincoln and $1,000,000
Catawba Counties, NC......................
3182 IL Construction of highway approaches to the $1,600,000
Sullivan Road bridge in Aurora, IL........
3183 IL Engineering and construction of 15.1 mile $1,000,000
Alliance trail between Lock 14 in LaSalle
and Lock 2 in Bureau Junction.............
3184 CA Construct parking facility and improve $1,000,000
museum pedestrian access from trolley
station, San Diego........................
3185 PA Relocation and upgrade of Beaner Hallow Rd, $1,650,000
Beaver County, PA.........................
3186 MN TH36-Stillwater Bridge; Acquisition of ROW. $5,000,000
3187 IL To construct Veterans Memorial Drive $1,000,000
Extension. Will link Mt. Vernon on the
east side of I-57 with incorporated area
lying west................................
3188 MN I-494 US169 Interchange Reconstruction, $5,000,000
Twin Cities Metropolitan Area, Minnesota..
3189 AL Jackson County Industrial Park Access Road, $1,000,000
Hollywood.................................
3190 FL 4 lane Archer Road from SW 62nd to SW 24th $3,000,000
Ave., Gainesville.........................
3191 AK Construct access road and a bridge crossing $3,000,000
the Naknek River terminus points in South
Naknek-King Salmon Highway................
3192 NY Route 303 Orangeburg Road and Route 340 and $1,000,000
Erie Street intersection..................
3193 MS Upgrade roads in Port Gibson (U.S. Hwy 61), $400,000
Claiborne County..........................
3194 GA Construct Horsestamp Road Interchange on I- $1,000,000
95 in Camden County, Georgia..............
3195 MO Upgrade Route 94 in St. Charles County from $11,000,000
East of Harvester road to West of Mid-
Rivers Drive..............................
3196 OH Upgrade Rt. 665 Bridge over I-71 and widen $5,000,000
I-71 between Rt. 665 and I-270 by one lane
in each direction in Grove City, OH.......
3197 NY Village of Highland Falls repaving and $75,000
sidewalk construction of Berry Hill Road..
3198 PA Westmoreland County, Pennsylvania, four $2,000,000
lane limited access facility connecting
State Road 119 to the Pennsylvania
Turnpike (Sony Connector).................
3199 NJ Edison National Historic Site Traffic $240,000
Improvement Project to improve traffic
flow and promote safety...................
3200 IL Construction of Eldamain Road over the Fox $2,500,000
River.....................................
3201 CA Construction of a traffic signal at the $125,000
intersection of Oso Ave. and Vanowen St...
3202 OR Reroute U.S. 97 at Redmond, OR and improve $5,000,000
the intersection fo U.S. 97 and Oregon 126
3203 CA Widen & realign Cherry Avenue from 19th $3,000,000
Street to one block south of Pacific Coast
Highway, Signal Hill......................
3204 AR Ft. Smith, Arkansas: Improvements to Jenny $6,000,000
Lind Rd. and Ingersoll Rd.................
3205 OH Widen Pearl Road in Strongsville........... $1,000,000
3206 CA Interstate 5 and State Route 78 Interchange $4,000,000
Improvements..............................
3207 OK Improvements to SH3 from Antlers to Broken $6,250,000
Bow.......................................
3208 KY Construct the Albany Bypass in Clinton $5,000,000
County....................................
3209 CA Highway 74 and Interstate 215 Interchange $1,000,000
Project...................................
3210 SC Improve intersection and corridor on US 278 $10,000,000
to improve safety. Poss build frontage
roads widen road & change traffic controls
3211 WA Port of Bellingham Transportation $2,500,000
Enhancement Projects......................
3212 OH Rehabilitation of SR 53 from Miami St to $1,000,000
North city limits including approaches to
the CSX railroad bridge, City of Tiffin...
3213 OH Upgrade U.S. Route 30 between State Route $10,090,000
235 and Upper Sandusky in Hancock and
Wyandot Counties..........................
3214 MN Main Street streetscape reconstruction, 2nd $1,900,000
Street from Ash Ave. to State Hwy 2, and
Grand Utley Ave from 2nd Street to 6th
Street N. across State Hwy 2, Cass Lake...
3215 NJ Warren County, NJ Route 57 and County Route $2,700,000
519 Intersection Improvements.............
3216 HI Widen Queen Kaahumanu Highway.............. $3,000,000
3217 CT Widen Route 34, Derby...................... $3,000,000
3218 IN Construction of County Road 17--Elkhart, IN $3,000,000
3219 PA Widen Route 666 in Forest County........... $1,000,000
3220 CA Upgrade Jepson Parkway at North and South $2,000,000
Gates of Travis Air Force Base and widen
Vanden Road segment, Solano County........
3221 CT Widen Route 67, Seymour.................... $1,000,000
3222 PR Widen Route 835 to provide ready access to $6,000,000
Guaynado and facilitate housing,
industrial, commercial, & recreational
development...............................
3223 CT Widen Canal Street, Shelton, CT............ $500,000
3224 NJ Construct CR 521-Ocean Drive & Middle $2,000,000
Thoroughfare Bridge Replacement, Cape May
County....................................
3225 OR I-205 widening, Clackamas County........... $2,000,000
3226 OK Construct interchange south of I-40 along $250,000
Indian Nation Turnpike near Henryetta.....
3227 MO Complete upgrade of U.S. 40-61 to $2,000,000
interstate status on two section, from I
70 to Lake St. Louis exit and Highway K to
Highway DD................................
3228 TX Abilene, TX, Dyess Air Force Base North $5,600,000
Entry Access Project with related
improvements..............................
3229 CA Construction and enhancements of trails in $1,000,000
the Santa Monica Mountains National
Recreation Area...........................
3230 KY Construct South Airfield Road, Boone $3,000,000
County, Kentucky..........................
3231 LA Construction of pedestrian and bike path $200,000
adjacent to Tammany Trace Rails-to-Trails
Corridor..................................
3232 NY Construction of pedestrian walkways in $100,000
Village of Northport......................
3233 NV Design and Construction of I-80 interchange $1,000,000
in Fernley................................
3234 OH Eastgate Area Improvements,I-275 & SR 32, $3,600,000
Clermont County...........................
3235 PA Pennsylvania Turnpike-Interstate 95 $4,000,000
Interchange Project, Bucks County, PA.....
3236 GA Commission a study & report regarding $400,000
construction & desgnation of a new
Interstate linking Augusta, Macon,
Columbus, Montgomery, & Natchez...........
3237 CT Construct Shoreline Greenway Trail, Madison $1,000,000
3238 NE New roads and overpasses to relieve $3,000,000
congestion and improve traffic flow -
Antelope Valley --Lincoln, NE.............
3239 CA Reconstruct Atlantic Av. and improve $3,250,000
drainage from Ardmore St. to Imperial Hwy.
in South Gate.............................
3240 SD Construct Railroad Underpass on Hwy 35 in $1,100,000
Pierre....................................
3241 AR I40-Highway 89 Interchange................. $3,000,000
3242 WA Kent, WA Willis Street UP Railroad Grade $500,000
Separation Project........................
3243 IL Replace Interstate 74 Bridge, Moline....... $4,000,000
3244 CA Implement SFgo Van Ness Corridor $5,000,000
Improvements..............................
3245 NC Battleground Avenue Rail to Trail Project, $1,000,000
Guilford County, NC.......................
3246 IL Construction of an Extension of Atkinson $6,000,000
Road to Intersect with IL 120 and IL 137..
3247 OH I-70,I-71 Split reconfiguration, Columbus.. $5,000,000
3248 MI Delta County, CR 186 from M-35 at Brampton $240,000
to US2 and US41-bituminous overlay with
super elevation, correction, curb, and
gutter....................................
3249 TN Niota, TN Improving Vehicle Effiecies at At- $99,000
Grade highway-Railroad Crossings..........
3250 NY Construct access to the NYS Thruway-- $1,500,000
Montezuma National Wildlife Reserve.......
3251 MN Corridor design work, I-94 and Radio Drive, $500,000
Woodbury, MN..............................
3252 TN Develop trails, bike paths and recreational $250,000
facilities on Brady Mountain, Cumberland
County for Cumberland Trail State Park....
3253 WA Access Downtown Phase II: I-405 Downtown $11,500,000
Bellevue Circulation Improvements.........
3254 PA Reconstruct PA Route 274, at PA Route 11/ $1,000,000
15, Duncannon.............................
3255 PA Road and pedestrian improvements and $1,500,000
reallignment, through construction, in
York City NW Triangle.....................
3256 NY Rockland County highway railroad grade $1,750,000
crossing safety improvements..............
3257 OH Calm traffic on Greenfield St in City of $1,700,000
Tiffin and improve intersection of
Greenfield St with Routes 18 and 101......
3258 IA Construction of NW 26th St interchange on I $1,000,000
35, Polk Co...............................
3259 NY To conduct scoping studies along proposed $5,000,000
Northern Tier Expressway..................
3260 IL Undertake Traffic Mitigation and $2,000,000
Circulation Enhancements on 57th and Lake
Shore Drive, Chicago......................
3261 IL For the the construction of a highway on $1,250,000
new alignment to create a cross town route
across Godfrey............................
3262 MI Construct Industrial Park Service Road and $494,000
Caine Road Bridge Replacement. Village of
Millington, Tuscola County................
3263 TX Loop 281 Mobility and Safety Improvements, $1,680,000
Longview, TX..............................
3264 TX Upgrade Fulghum Road Bridge on I-45 in $3,100,000
Dallas County (TX) to provide safety and
access for expanded intermodal traffic....
3265 MN Edge of Wilderness Discovery Center, $471,000
Marcell...................................
3266 IN Construction of Star Hill Road, Clark $2,215,000
County, Indiana...........................
3267 TN Plan and construct a bicycle and pedestrian $400,000
trail, Shelbyville........................
3268 TX Construct Park Row bypass from Texas State $2,000,000
Highway 6 to the Eldridge Parkway in
Houston, TX...............................
3269 CA Implement Northwest San Fernando Valley $3,056,000
Road and Safety Improvements..............
3270 KY Construct two bridges across the Ohio River $14,000,000
from Louisville to southern Indiana.......
3271 ME Construction of the Gorham Village Bypass, $11,220,000
Gorham....................................
3272 OK Reconstruction of the I-40 Crosstown $14,000,000
Expressway from I-44 to I-35 in downtown
Oklahoma City, Oklahoma...................
3273 MD I-695, MD147 to I-695...................... $4,740,000
3274 SC Upgrade Hwy. 21 Bypass Grade Crossings..... $1,000,000
3275 MD Upgrade MD 175 in Anne Arundel County $1,000,000
between MD 170 and the Baltimore
Washington Parkway........................
3276 OK Construct and widen six lanes on Interstate $10,000,000
44 from the Arkansas River extending east
approximately 3.7 miles to Yale Avenue in
Tulsa, OK.................................
3277 OR North Bend Waterfront District Boardwalk $992,000
Construction..............................
3278 CT Make Improvements to North Stonington, CT $500,000
Westerly, R.I. Pawcatuck River Bridge.....
3279 VA Construct improvements at I-264 Witchduck $10,750,000
Road interchange in Virginia Beach........
3280 CA Construct Western Placerville Interchanges $3,000,000
on State Route 50.........................
3281 CT Construction of Housatonic River Walk, $1,000,000
Shelton, CT...............................
3282 NY NYS Route 5, 8, 12 Interchange $1,000,000
reconstruction: Town of New Hartford......
3283 NY Implement Improvements for Pedestrian $1,000,000
Safety in Bronx County....................
3284 CA Improve West Adams Blvd Streetscape in West $200,000
Adams Historic District, Los Angeles......
3285 CA Improve access from I-8 and construct $1,000,000
parking lot for the Imperial Sand Dunes
Recreation Area Visitor's Center, Imperial
Valley....................................
3286 PA Construction of low-impact, spine roadway $10,000,000
serving the North Delaware Riverfront
corridor, City of Philadelphia............
3287 AL Construct interchange on I-59 between I-59 $3,000,000
and 49th Street in Fort Payne, AL.........
3288 FL Coordinated Regional Transportation Study $1,500,000
of US 98 from Pensacola Bay Bridge,
Escambia County, to Hathaway Bridge,
Walton County, Florida....................
3289 GA Leesburg North Bypass from US 19 to SR 195, $500,000
Lee County................................
3290 LA Peters Road improvements in Plaquemines $1,000,000
Parish....................................
3291 GA Upgrade sidewalks, lighting, landscaping $500,000
from Cherry Street to Hampton Street,
Industrial Park to Dooly Street, Montezuma
3292 NY Intermodal transportation facility just off $1,000,000
of the Bronx River Parkway's exit 6.......
3293 GA US 27 Reconstruction from Colquit to CR 279 $1,000,000
3294 TX Loop 180 (Project code 1190-01-035) in $1,000,000
Whitney, TX from FM 933/FM 1713 to FM 933S
of Whitney................................
3295 IA US 30 widening, reconstruction in Story and $2,300,000
Marshall Counties, Iowa...................
3296 TX US 377 interchange construction (at B377 $1,500,000
and Hwy 144) Hood Co......................
3297 NY Construct and improve pedestrian $500,000
streetscapes along Sunrise Highway in
Freeport..................................
3298 IA Construct Principal Riverwalk, Des Moines.. $4,000,000
3299 NY Construct access ramps to Rt. 32-6-17-CR $8,000,000
105 in Orange County......................
3300 IL Resurface Shawnee College Road, Pulaski $1,250,000
County....................................
3301 MI Canton, Pave Cherry Hill Rd. between Canton $2,000,000
Ctr., and Haggerty........................
3302 AR Springdale, AR--Improvements to Johnson $7,000,000
Road. From Hwy 412 to I-540 through
Springdale and Johnson....................
3303 NC Environmental studies and construction of $5,000,000
Garden Parkway............................
3304 AZ US 60 and US 93 connection on the eastern $2,000,000
edge of central Wickenburg................
3305 GA Construction of I-575 HOV Lanes from Sixes $1,000,000
Road to S.R. 20, Cherokee County, Georgia.
3306 WA I-405-SR 167 interchange--rebuild the $2,000,000
interchange and add additional lanes to
relieve congestion........................
3307 MN US10 corridor improvement between Blaine $2,500,000
and St. Cloud: design and ROW acquisition.
3308 CA Walnut Grove at Broadway Intersection $250,000
Capacity Enhancements, San Gabriel........
3309 KY Widen and Reconstruct KY 698 at Mason Gap $1,200,000
Road, Lincoln County......................
3310 OR Medford, OR to construct sidewalks and $1,000,000
improve storm drainage and gutters for the
City's Safe Walk Plan.....................
3311 MN Construct a pedestrian and bicycle bridge $1,097,600
across TH 169, Onamia.....................
3312 NY Improve Montauk Highway from CR46 to Barnes $8,000,000
Road, Suffolk County......................
3313 CA San Diego, CA Construction of North Coast $1,000,000
Interstate 5..............................
3314 AR Study and construction of 8th Street, in $3,000,000
Bentonville, AR from Interstate 540,
(including direct access to I-540) to SW
Elm Tree Road.............................
3315 MN Cedar Lake Regional Trail, Minneapolis..... $3,000,000
------------------------------------------------------------------------
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) 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.'';
(3) 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 of and parallel to
Arkansas State Highway 226 from the relocation of United States
Route 67 to the vicinity of United States Route 49 and United
States Route 63.
``(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.
``(55) In Texas, Interstate Route 20 from Interstate Route
35E in Dallas County, east to the intersection of Interstate
Route 635, north to the intersection of Interstate Route 30,
northeast through Texarkana to Little Rock, Arkansas,
Interstate Route 40 northeast from Little Rock east to the
proposed Interstate Route 69 corridor.
``(56) In the State of Texas, the La Entrada al Pacifico
Corridor consisting of the following highways and any portion
of a highway in a corridor on 2 miles of either side of the
center line of the highway:
``(A) State Route 349 from Lamesa to the point on
that highway that is closest to 32 degrees, 7 minutes,
north latitude, by 102 degrees, 6 minutes, west
longitude.
``(B) The segment or any roadway extending from the
point described by subparagraph (A) to the point on
Farm-to-Market Road 1788 closest to 32 degrees, 0
minutes, north latitude, by 102 degrees, 16 minutes,
west longitude.
``(C) Farm-to-Market Road 1788 from the point
described by subparagraph (B) to its intersection with
Interstate Route 20.
``(D) Interstate Route 20 from its intersection with
Farm-to-Market Road 1788 to its intersection with
United States Route 385.
``(E) United States Route 385 from Odessa to Fort
Stockton, including those portions that parallel United
States Route 67 and Interstate Route 10.
``(F) United States Route 67 from Fort Stockton to
Presidio, including those portions that parallel
Interstate Route 10 and United States Route 90.
``(57) United States Route 41 corridor between Interstate
Route I-94 near Milwaukee and Interstate Route I-43 near Green
Bay in the State of Wisconsin.''; and
(4) 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 and an evaluation of advanced acrylic water-
borne pavement markings.
(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 this section $5,000,000 for each of fiscal years 2005
through 2009.
(2) Contract authority.--Funds authorized by 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
2005 through 2009.
(2) Contract authority.--Funds authorized by 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 section 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. 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''.
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.''.
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.
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 ``Road upgrade'' and all
that follows through ``Hills'' 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 1375 by striking ``Preliminary'' and all
that follows through ``Emmet County'' and inserting ``Petoskey
area transportation needs study and trunkline preservation and
safety in the Petoskey area'';
(10) in item number 1392 by striking ``Construct'' and all
that follows through ``multimodal center'' and inserting
``Improve the ramp configuration at the I-476 PA Turnpike
Landsdale Interchange''; and
(11) 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.
(a) Grants.--The Secretary shall make grants 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.
(b) 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 $1,000,000 for each of fiscal years
2005 through 2009.
(c) Contract Authority.--Funds authorized by 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. 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) In subparagraph (A) by striking ``one year after the date
of enactment of the Clean Air Act Amendments 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 subparagraph (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.
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.
SEC. 1830. 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 ``2005'' and inserting ``2009''.
SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL.
(a) 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--
(1) barrier design;
(2) road design, construction, and maintenance practices; and
(3) the architecture and implementation of intelligent
transportation system technologies.
(b) Composition.--The Council shall consist of not more than 10
members of the motorcycling community with professional expertise in
national motorcyclist safety advocacy, including--
(1) at least--
(A) 1 member recommended by a national motorcyclist
association;
(B) 1 member recommended by a national motorcycle
riders foundation;
(C) 1 representative of the National Association of
State Motorcycle Safety Administrators;
(D) 2 members of State motorcyclists' organizations;
(E) 1 member recommended by a national organization
that represents the builders of highway infrastructure;
(F) 1 member recommended by a national association
that represents the traffic safety systems industry;
and
(G) 1 member of a national safety organization; and
(2) at least 1, and not more than 2, motorcyclists who are
traffic system design engineers or State transportation
department officials.
SEC. 1832. 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 tothe 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.
SEC. 1833. ELIGIBILITY UNDER CMAQ.
Section 149(b)(4) of title 23, United States Code is amended by
inserting ``, including advanced truck stop electrification systems,''
after ``facility or program''.
SEC. 1834. SENSE OF CONGRESS REGARDING BUY AMERICA.
It is the sense of Congress that--
(1) the Buy America test required by section 165 of the
Surface Transportation Assistance Act of 1982 (23 U.S.C. 101
note) 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 American Act (41 U.S.C. 10a et seq.) 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.
SEC. 1835. COMMUNITY ENHANCEMENT STUDY.
(a) In General.--The Secretary shall conduct a study on--
(1) the role of well-designed transportation projects in--
(A) promoting economic development;
(B) protecting public health, safety and the
environment; and
(C) enhancing the architectural design and planning
of communities; and
(2) the positive economic, cultural, aesthetic, scenic,
architectural, and environmental benefits of such projects for
communities.
(b) Contents.--The study shall address the following:
(1) The degree to which well-designed transportation projects
have positive economic, cultural, aesthetic, scenic,
architectural, and environmental benefits for communities.
(2) The degree to which such projects protect and contribute
to improvements in public health and safety.
(3) The degree to which such projects use inclusive public
participation processes to achieve quicker, more certain, and
better results.
(4) The degree to which positive results are achieved by
linking transportation, design, and the implementation of
community visions for the future.
(5) Facilitating the use of successful models or best
practices in transportation investment or development to
accomplish each of the following:
(A) Enhancement of community identity.
(B) Protection of public health and safety.
(C) Provision of a variety of choices in housing,
shopping, transportation, employment, and recreation.
(D) Preservation and enhancement of existing
infrastructure.
(E) Creation of a greater sense of community through
public involvement.
(c) Report.--Not later than September 20, 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 report on the results of the study.
(d) Administration.--To carry out this section, the Secretary shall
make a grant to, or enter into a cooperative agreement or contract
with, a national organization representing architects who have
expertise in the design of a wide range of transportation and
infrastructure projects, which include the design of buildings, public
facilities, and surrounding communities.
(e) Authorization.--Of the amounts made available to carry out
section 1221 of the Transportation Equity Act for the 21st Century (23
U.S.C. 101 note), $1,000,000 shall be available for each of fiscal year
2005 and fiscal year 2006 to carry out this section; except that
notwithstanding section 1221(e)(2) of such Act, the Federal share of
the cost of the study shall be 100 percent.
SEC. 1836. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT.
(a) Findings.--Congress finds the following:
(1) Federal-aid highway programs provide State and local
governments and other recipients substantial funds for projects
that produce significant employment and job-training
opportunities.
(2) Every $1,000,000,000 in Federal infrastructure investment
creates an estimated 47,500 jobs.
(3) Jobs in transportation construction, including
apprenticeship positions, typically pay more than twice the
minimum wage, and include health and other benefits.
(4) Transportation projects provide the impetus for job
training and employment opportunities for low income
individuals residing in the area in which a transportation
project is planned.
(5) Transportation projects can offer young people,
particularly those who are economically disadvantaged, the
opportunity to gain productive employment.
(6) The Alameda Corridor, a $2,400,000,000 transportation
project, is an example of a transportation project that
included a local hiring provision resulting in a full 30
percent of the project jobs being filled by locally hired and
trained men and women.
(b) Sense of Congress.--It is the sense of Congress that Federal
transportation projects should facilitate and encourage the
collaboration between interested persons, including State, Federal, and
local governments, community colleges, apprentice programs, local high
schools, and other community based organizations that have an interest
in improving the job skills of low-income individuals, to help leverage
scarce training and community resources and to help ensure local
participation in the building of transportation projects.
SEC. 1837. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part V (Public Law 108-310),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
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, $164,027,000 for fiscal year
2004, $163,680,000 for fiscal year 2005, $229,000,000 for
fiscal year 2006, $232,000,000 for fiscal year 2007,
$238,000,000 for fiscal year 2008, and $245,000,000 for fiscal
year 2009.
(2) Occupant protection incentive grants.--For carrying out
section 405 of title 23, United States Code, $19,882,000 for
fiscal year 2004, $19,840,000 for fiscal year 2005,
$136,000,000 for fiscal year 2006, $139,000,000 for fiscal year
2007, $143,000,000 for fiscal year 2008, and $150,000,000 for
fiscal year 2009.
(3) Alcohol-impaired driving countermeasures incentive grant
program.--For carrying out section 410 of title 23, United
States Code, $39,764,000 for fiscal year 2004, $39,680,000 for
fiscal year 2005, $129,000,000 for fiscal year 2006,
$133,000,000 for fiscal year 2007, $138,000,000 for fiscal year
2008, and $144,000,000 for fiscal year 2009.
(4) State traffic safety information improvements.--For
carrying out section 412 of title 23, United States Code,
$30,000,000 for fiscal year 2006, $35,000,000 for fiscal year
2007, $40,000,000 for fiscal year 2008, and $40,000,000 for
fiscal year 2009.
(5) National driver register.--For carrying out chapter 303
of title 49, United States Code, by the National Highway
Traffic Safety Administration, $3,976,000 for fiscal year 2004,
$3,968,000 for fiscal year 2005, and $4,000,000 for each of
fiscal years 2006 through 2009.
(6) High visibility enforcement program.--For carrying out
section 2005 of this title, $15,000,000 for each of fiscal
years 2006 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 (2), (3), or (4) 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 the following'' and inserting
``at least 6 of the following for fiscal year 2005 and fiscal
year 2006 and at least 7 of the following for each fiscal year
thereafter'';
(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).
``(J) Program for the impoundment of vehicles.--A
program to impound a vehicle operated by a person who
is arrested for operating that vehicle while under the
influence of alcohol.''.
(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 Grant B.--Not more than $20,000,000 per
fiscal year of amounts made available to carry out this section shall
be available for making grants under subsection (b)(2).''.
(e) Effective Date.--The amendments made by this section shall take
effect on September 30, 2005.
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 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 fiscal year 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 4 fiscal years beginning
after September 30, 2005.
(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) $6,000,000 for each of fiscal
years 2006 through 2008 and $7,000,000 for fiscal year 2009.
SEC. 2008. MOTORCYCLIST SAFETY.
(a) 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.
(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 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.
(c) Maximum Period of Eligibility.--No State may receive grants under
this section in more than 4 fiscal years beginning after September 30,
2005.
(d) 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 fourth fiscal year for which a State receives a
grant under this section, 50 percent.
(e) 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 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.
(f) 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 section may suballocate funds from the grant to a
nonprofit organization incorporated in that State to carry out
under this section.
(g) 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.
(h) 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.
(i) 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.
(j) 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) $6,000,000 for each of fiscal
years 2006 through 2008 and $7,000,000 for fiscal year 2009.
(k) 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. 2009. 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''.
SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY SAFETY RESEARCH
AND DEVELOPMENT.
(a) In General.--There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for carrying
out section 403 of title 23, United States Code, $71,575,000 for fiscal
year 2004, $71,424,000 for fiscal year 2005, and $75,000,000 for each
of fiscal years 2006 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.
SEC. 2011. 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 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. 2012. DRIVER PERFORMANCE STUDY.
(a) In General.--Using funds made available to carry out section 403
of title 23, United States Code, for fiscal year 2005, the Secretary
shall make $1,000,000 available to conduct a study on the risks
associated with glare to oncoming drivers, including increased risks to
drivers on 2-lane highways, increased risks to drivers over the age of
50, and the overall effects of glare on driver performance.
(b) Report.--Not later than 18 months 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 Commerce, Science, and Transportation of the Senate a
report on the results of the study and any recommendations regarding
measures to reduce the risks associated with glare to oncoming drivers.
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 2005''.
(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''.
(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--
``(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
years 2003 and 2004 and for the period of october 1, 2004,
through may 31, 2005'' and inserting ``fiscal years 2003
through 2005'';
(3) in paragraph (2)(A) by striking ``fiscal years 2003'' and
all that follows through ``2005'' 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) constructing new or 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 (4)(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--
``(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 a
moderate ozone nonattainment area under subpart
2 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;
``(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, and 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.
``(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. A new fixed guideway capital
project is not subject to the requirements of this subsection
if the assistance provided under this section with respect to
the project is less than $25,000,000.
``(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 2005, the
Secretary shall issue regulations establishing an evaluation
and rating process for proposed projects underthis 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 2005. Subsection (d) also does not apply
to projects for which the Secretary has received an application for
final design before such date of enactment.
``(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 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 2005.
``(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
2005; 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.--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.
``(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.--The total amount of funds made
available by or appropriated under section 5338(b) for fiscal
year 2004 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. Of the amounts
made available under paragraphs (1)(C) and (2)(B)(iii),
$10,000,000 shall be available in each of fiscal years 2005
through 2009 for ferry boats or ferry terminal facilities.
``(4) 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 2005:
``(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.
``(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)''.
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.--Beginning in fiscal
year 2007, 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 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 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 2005,
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 2005, 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 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 or fewer persons per
square mile in other than urbanized areas of
the State, 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 or fewer persons per
square mile in other than urbanized areas of
the State, 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 2005),
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.--Beginning in fiscal
year 2007, 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 2005, 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 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:
``(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.''.
(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.
(5) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue a final rule
on implementation of the requirements of section 5323(j) of
title 49, United States Code (in this paragraph referred to as
the ``Buy America requirements''). The purposes of the
regulations shall be as follows:
(A) Microprocessor waiver.--To clarify that any
waiver from the Buy America requirements issued under
section 5323(j)(2) of such title for a microprocessor,
computer, or microcomputer applies only to a device
used solely for the purpose of processing or storing
data and does not extend to a product containing a
microprocessor, computer, or microcomputer.
(B) Definition of end product.--To define the term
``end product'' for purposes of part 661 of title 49,
Code of Federal Regulations. In defining the term, the
Secretary shall develop a list of representative items
that are subject to the Buy America requirements, and
shall address the procurement of systems under the
definition to ensure that major system procurements are
not used to circumvent the Buy America requirements.
(h) 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''.
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 2005, 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.
``(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.--
``(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,
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)
$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, 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
provide clean fuels formula grants under
section 5308;
``(iv) $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);
``(v) $3,100,000 shall be available to carry
out bus testing under section 5318;
``(vi) $93,110,751 shall be available to
provide transportation services to elderly
individuals and individuals with disabilities
under section 5310;
``(vii) $297,954,404 shall be available to
provide financial assistance for other than
urbanized areas under section 5311; and
``(viii) $3,333,364,895 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 2005.
``(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) $4,133,500,000 for fiscal year 2005;
``(ii) $4,592,000,000 for fiscal year 2006;
``(iii) $4,898,000,000 for fiscal year 2007;
``(iv) $5,223,000,000 for fiscal year 2008;
and
``(v) $5,570,000,000 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 2005.
``(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.
``(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) $78,000,000 for fiscal year 2005;
``(B) $80,000,000 for fiscal year 2006;
``(C) $82,000,000 for fiscal year 2007;
``(D) $84,000,000 for fiscal year 2008; and
``(E) $86,000,000 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) $1,884,255,000 for fiscal year 2005;
``(2) $2,080,005,000 for fiscal year 2006;
``(3) $2,210,580,000 for fiscal year 2007;
``(4) $2,366,677,500 for fiscal year 2008; and
``(5) $2,518,882,500 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) $1,391,170,000 for fiscal year 2005;
``(2) $1,561,670,000 for fiscal year 2006;
``(3) $1,673,720,000 for fiscal year 2007;
``(4) $1,777,785,000 for fiscal year 2008; and
``(5) $1,904,255,000 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) Intercity, fixed route over-the-road bus service.--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) Other over-the-road bus service.--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:
``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, $28,777,920 for fiscal year 2005, and
$12,655,664 for fiscal year 2006.
(2) Chicago--Chicago Transit Authority Douglas Branch
Reconstruction $83,655,202 for fiscal year 2004, $84,320,000
for fiscal year 2005, and $45,825,190 for fiscal year 2006.
(3) Chicago--Chicago Transit Authority Ravenswood Expansion
Project $9,841,789 for fiscal year 2004, $39,680,000 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
$65,152,615 for fiscal year 2009.
(4) Cleveland--Euclid Corridor Transportation Project
$10,825,967 for fiscal year 2004, $24,800,000 for fiscal year
2005, and $24,974,513 for fiscal year 2006.
(5) Dallas--North Central LRT Extension $29,684,097 for
fiscal year 2004.
(6) Denver Southeast Corridor LRT $78,734,308 for fiscal year
2004, $79,360,000 for fiscal year 2005, $80,000,000 for fiscal
year 2006, $80,000,000 for fiscal year 2007, and $77,192,758
for fiscal year 2008.
(7) Fort Lauderdale--Tri-Rail Commuter Rail Upgrade
$18,118,733 for fiscal year 2004 and $11,318,230 for fiscal
year 2005.
(8) Los Angeles--Metro Gold Line Eastside Extension
$59,520,000 for fiscal year 2005, $80,000,000 for fiscal year
2006, $100,000,000 for fiscal year 2007, $80,000,000 for fiscal
year 2008, and $80,000,000 for fiscal year 2009.
(9) Memphis--Medical Center Extension $9,101,281 for fiscal
year 2004.
(10) Metra North Central Corridor Commuter Rail $19,177,300
for fiscal year 2004, $20,000,000 for fiscal year 2005, and
$18,476,237 for fiscal year 2006.
(11) Metra South West Corridor Commuter Rail $15,000,000 for
fiscal year 2004, $15,500,000 for fiscal year 2005, and
$11,781,395 for fiscal year 2006.
(12) 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.
(13) Minneapolis--Hiawatha Corridor LRT $73,793,730 for
fiscal year 2004 and $33,428,865 for fiscal year 2005.
(14) New Jersey Urban Core--Hudson-Bergen LRT MOS-2
$98,417,885 for fiscal year 2004, $99,200,000 for fiscal year
2005, $100,000,000 for fiscal year 2006, $100,000,000 for
fiscal year 2007, and $53,202,995 for fiscal year 2008.
(15) New Jersey Urban Core--Newark-Elizabeth Rail Link MOS-1
$22,209,000 for fiscal year 2004, $316,907 for fiscal year
2005, and $1,025,169 for fiscal year 2006.
(16) New Orleans MOS-1 Canal Street $22,922,877 for fiscal
year 2004 and $16,613,047 for fiscal year 2005.
(17) Phoenix--Central Phoenix/East Valley LRT $12,794,325 for
fiscal year 2004, $74,400,000 for fiscal year 2005, $90,000,000
for fiscal year 2006, $90,000,000 for fiscal year 2007,
$90,000,000 for fiscal year 2008, and $90,000,000 for fiscal
year 2009.
(18) Pittsburgh--Stage II LRT Reconstruction $31,733,314 for
fiscal year 2004 and $1,131,666 for fiscal year 2005.
(19) Portland--Interstate MAX LRT Extension $76,273,861 for
fiscal year 2004, $23,292,160 fiscal year 2005, and $18,292,550
for fiscal year 2006.
(20) Salt Lake City--Medical Center $30,178,231 for fiscal
year 2004 and $8,765,421 for fiscal year 2005.
(21) San Diego--Mission Valley East LRT Extension $63,971,625
for fiscal year 2004, $80,986,880 for fiscal year 2005, and
$8,353,424 for fiscal year 2006.
(22) San Diego--Oceanside Escondido Rail Corridor $47,240,585
for fiscal year 2004, $54,560,000 fiscal year 2005, and
$12,211,061 for fiscal year 2006.
(23) San Francisco--BART Extension to San Francisco Airport
$98,417,890 for fiscal year 2004, $99,200,000 fiscal year 2005,
and $82,655,680 for fiscal year 2006.
(24) San Juan--Tren Urbano $19,683,577 for fiscal year 2004,
$44,263,040 fiscal year 2005, and $10,555,900 for fiscal year
2006.
(25) Seattle--Central Link Initial Segment LRT $73,813,414
for fiscal year 2004, $79,360,000 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.
(26) Washington DC/MD--Largo Metrorail Extension $63,971,625
for fiscal year 2004 and $76,156,450 for 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) Charlotte--South Corridor LRT.
(4) Dallas Area Rapid Transit--Northwest-Southeast LRT
Extension.
(5) Delaware--Wilmington-Newark Commuter Rail Improvements.
(6) Denver--West Corridor LRT.
(7) El Paso--Rapid Transit (SMART) Starter Line.
(8) Harrisburg--Corridor One Commuter Rail (MOS-1).
(9) Kansas City, Missouri--Southtown BRT.
(10) Las Vegas--Resort Corridor Downtown Extension Project.
(11) Los Angeles MTA--Exposition LRT.
(12) Miami-Dade Transit--North Corridor.
(13) Minneapolis--North Star Corridor.
(14) Nashville, Tennessee Commuter Rail.
(15) New Britain-Hartford Busway Project.
(16) New Orleans--Desire Corridor Streetcar.
(17) New York--Long Island Railroad East Side Access Project.
(18) New York--Second Avenue Subway.
(19) Norfolk Light Rail.
(20) Northern Virginia--Dulles Corridor Extension to Wiehle
Avenue (Phase 1).
(21) Orange County, California--Center Line LRT.
(22) Philadelphia--Schuylkill Valley MetroRail.
(23) Pittsburgh--North Shore Connector.
(24) Portland, Oregon--South Corridor I-205/Portland Mall
LRT.
(25) Providence--South County Commuter Rail.
(26) Sacramento--South Corridor LRT Extension (Phase 2),
Meadowview to Consumnes River College.
(27) Salt Lake City--Weber County to Salt Lake City Commuter
Rail.
(28) San Diego--Mid-Coast Extension.
(29) San Francisco Muni--Third Street LRT-Phase I/II.
(30) Santa Clara Valley Transit Authority--Silicon Valley
Rapid Transit Corridor.
(31) Tampa Bay--Regional Rail.
(32) Triangle Transit Authority, North Carolina--Regional
Rail Project.
(33) Washington County, Oregon--Wilsonville to Beaverton
Commuter Rail.
(34) 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) Ann Arbor/Detroit--Commuter Rail.
(3) Atlanta--MARTA Memorial Drive Bus Rapid Transit.
(4) Atlanta--GRTA I-75 Corridor, Downtown Atlanta--Cherokee
County.
(5) Atlanta--Georgia 400 North Line Corridor Project.
(6) Atlanta--Belt Line C-Loop.
(7) Atlanta--I-20 South DeKalb-Lindbergh Corridor Project.
(8) Austin--San Antonio I-35 Commuter Rail.
(9) Austin--Rapid Bus Project.
(10) Austin--Regional Commuter Rail.
(11) Baltimore Light Rail System Extensions.
(12) Bernillo-Santa Fe--New Mexico Commuter Rail.
(13) Birmingham, Alabama--Transit Corridor.
(14) Boise--Downtown Circulator.
(15) Boston--Lechmere Transit Improvement to Somerville and
Medford.
(16) Boston--North Shore Corridor and Blue Line Extension.
(17) Boston--North/South Rail Link.
(18) Boston--Urban Ring BRT.
(19) Broward County, Florida--Bus Rapid Transit.
(20) Central Florida Commuter Rail System.
(21) Central Phoenix--East Valley Corridor LRT Extensions.
(22) Charlotte--North Corridor Project.
(23) Charlotte--Northeast Corridor Project.
(24) Charlotte--South Corridor LRT extension to Rock Hill,
South Carolina.
(25) Charlotte--Southeast-West Corridor Project.
(26) Charlotte--Center City Streetcar Project.
(27) Chicago--Cermack Road BRT.
(28) Chicago CTA--Red Line Extension.
(29) Chicago CTA--Chicago Transit Hub (Circle Line-Ogden
Streetcar).
(30) Chicago CTA--Orange Line Extension (Midway Airport to
Ford City).
(31) Chicago CTA--Southeast Service-La Salle Street Station
to Baltimore Race Track.
(32) Chicago CTA--Yellow Line Extension (Dempster-Old
Orchard).
(33) Chula Vista, California--Bus Rapid Transit.
(34) Clark County, Washington--MAX Extension.
(35) Cleveland-Akron-Canton (Northeast Ohio) Commuter Rail.
(36) Columbia, South Carolina--Light Rail.
(37) Contra-Costa--BART Extension.
(38) Corpus Christi--Downtown Rail Trolley.
(39) Dallas Area Rapid Transit--Dallas Central Business
District.
(40) Dallas Area Rapid Transit--Rowlett LRT Extension.
(41) Dallas Area Rapid Transit--Beltline to DFW Airport.
(42) Dayton--Aviation Heritage Corridor Streetcar Project.
(43) Denton County Transportation Authority, Texas--Fixed
Guideway Project.
(44) Denver--Gold Line Extension to Arvada.
(45) Denver--United States Route 36 Transit Corridor.
(46) Denver--North Metro Corridor to Thornton.
(47) Denver--East Corridor to DIA Airport.
(48) Denver--I-225 Transit Corridor.
(49) Denver--Southeast Corridor Extension to Lone-Tree/
Ridgegate.
(50) Denver--Southwest Corridor Extension to C470/Lucent
Boulevard.
(51) Detroit--Center City Loop.
(52) District of Columbia--Light Rail Starter Line.
(53) Fitchburg, Massachusetts--Commuter Rail Extensions and
Improvements.
(54) Fort Lauderdale--Downtown Rail Link.
(55) Fort Lauderdale--Transit Project from NW 215th and 79th
Streets.
(56) Fort Worth--Cottonbelt Commuter Rail to DFW.
(57) Fort Worth--Trinity Railway Express Commuter Rail
Extensions.
(58) Galveston--Rail Trolley Extension.
(59) Glendale, California--Downtown Streetcar.
(60) Grand Rapids--Fixed Guideway Corridor Project.
(61) Guam--Tumon Bay-Airport Light Rail.
(62) Honolulu--Rapid Transit Project.
(63) Houston Advanced Transit Program Light Rail.
(64) Indianapolis--System of Metropolitan Area Rapid Transit.
(65) Jacksonville--East-Southwest BRT.
(66) Jacksonville--North-Southeast BRT.
(67) Kansas City, Missouri-Lawrence, Kansas--Commuter Rail.
(68) Kenosha-Racine-Milwaukee Metra Commuter Rail Extension
(Wisconsin).
(69) Kenosha, Wisconsin Streetcar Expansion Project.
(70) King County, Washington--I-405 Corridor Bus Rapid
Transit.
(71) Lakeville, Minnesota--Cedar Avenue Corridor Bus Rapid
Transit.
(72) Lane County, Oregon--Bus Rapid Transit, Phase 2.
(73) Little Rock--River Rail Streetcar Extensions.
(74) Little Rock--West Little Rock Commuter Rail.
(75) Long Island Railroad--Nassau Hub.
(76) Lorain-Cleveland Commuter Rail.
(77) LOSSAN Del Mar-San Diego--Rail Corridor Improvements.
(78) Lovejoy to Griffin, Georgia Commuter Rail.
(79) Madison and Dane Counties, Wisconsin--Transport 2020
Commuter Rail.
(80) Maryland--I-270 Corridor Cities Transitway.
(81) Maryland--Route 5 Corridor to Waldorf.
(82) Maryland--Silver Spring Capacity Improvements.
(83) Memphis--Downtown Airport Corridor.
(84) Memphis Regional Rail Plan.
(85) Memphis, Medical Center Rail Extension to Airport.
(86) Metra BNSF Naperville to Aurora Corridor Extension and
Improvements.
(87) Metra South Suburban Airport Commuter Rail Extension.
(88) Metra SouthEast Service Line Commuter Rail.
(89) Metra STAR Line Inter-Suburban Commuter Rail.
(90) Metra UP Northwest Line Core Capacity Upgrades.
(91) Metra UP West Line Core Capacity Upgrades.
(92) Metra-West Line Extension, Elgin to Rockford.
(93) Miami-Dade Transit--Douglas Road Extension.
(94) Miami-Dade Transit--East-West Corridor.
(95) Miami-Dade Transit--Kendall Corridor.
(96) Miami-Dade Transit--Northeast Corridor.
(97) Miami-Dade Transit--South Dade Corridor.
(98) Miami-Dade Transit--Miami Intermodal Center to
Earlington Heights.
(99) Miami--Downtown Streetcar Project.
(100) Middletown-South Fallsburg, New York, Passenger Rail.
(101) Minneapolis-St. Paul--Central Corridor Transit Project.
(102) Missouri/Kansas--Interstate 35 Transit Corridor.
(103) Monterey County, California--Commuter Rail.
(104) Montgomery and Prince George's Counties, Maryland--Bi-
County Transitway (Purple Line).
(105) Nashua--Commuter Rail.
(106) Nashua-Manchester--Commuter Rail Extension.
(107) Nashville--Area Transit Corridors.
(108) Nashville--Southeast Rail Corridor.
(109) Nashville Tennessee Commuter Rail.
(110) Nassau and Queens Counties, New York--LIRR Main Line
Third Track Project.
(111) New Haven, Connecticut-Hartford, Connecticut-
Springfield, Massachusetts Commuter Line.
(112) New Jersey Trans-Hudson Midtown Corridor.
(113) New Jersey Transit--Northeast Corridor Trans-Hudson
Commuter Rail Improvements.
(114) New Jersey Transit--Morris/Essex/Boonton Trans-Hudson
Commuter Rail Improvements.
(115) New Jersey Transit--New York Susquehanna and Western RR
Commuter Extension.
(116) New Jersey Transit--West Trenton Line Commuter Line
Service Extension.
(117) New Jersey Urban Core.
(118) New Orleans--Airport-CBD Commuter Rail.
(119) New York--Rockaway-Brooklyn Army Terminal-Manhattan
Ferry Service.
(120) New York--Staten Island to Manhattan High-Speed Ferry
Service Extension.
(121) New York--Stewart Airport Rail Access.
(122) Newburg, New York--LRT System.
(123) North Carolina Piedmont Authority Regional Rail--
Greensboro to Winston-Salem.
(124) Northern Indiana--Commuter District Line.
(125) Northern Indiana--West Lake Commuter Rail Link (South
Shore Commuter Rail).
(126) Norfolk--Naval Station Corridor.
(127) Norfolk-Petersburg--United States Route 460 Commuter
Rail Project.
(128) Northern Virginia--Crystal City Potomac Yards Transit.
(129) Northern Virginia--Columbia Pike Rapid Transit Project.
(130) Northern Virginia--Dulles Corridor Extension, Phase 2.
(131) Northern Virginia--Richmond Highway (Route 1) Rapid
Transit Project.
(132) Orlando-Orange County, Florida--Light Rail Project.
(133) Philadelphia--Navy Yard Transit Extension.
(134) Philadelphia--52nd Street City Connector Project.
(135) Philadelphia--Route 100 Rapid Trolley Extension.
(136) Philadelphia--Broad Street Subway Line Extension.
(137) Pinellas Mobility Initiative Bus Rapid Transit.
(138) Pittsburgh--Allegheny and Armstrong Counties, Commuter
Rail.
(139) Pittsburgh--East-West Corridor Rapid Transit.
(140) Pittsburgh--Martin Luther King, Jr. Busway Extension.
(141) Portland Streetcar Extensions.
(142) Provo-Orem Utah--Bus Rapid Transit.
(143) Quakertown-Stoney Creek, Pennsylvania--Rail
Restoration.
(144) Raritan Valley, New Jersey--Commuter Rail.
(145) Reno, Nevada--Virginia Street Bus Rapid Transit
Project.
(146) Riverside County, California--Perris Valley Line
Metrolink Extension.
(147) Roaring Fork Valley, Colorado--Bus Rapid Transit.
(148) Rock Island, Illinois--Quad Cities Rapid Transit
System.
(149) Sacramento--Regional Rail, Auburn to Oakland.
(150) Sacramento--Downtown/Natomas Airport Transit Corridor.
(151) St. Paul-Hastings--Red Rock Corridor Commuter Rail
Project.
(152) Salt Lake City--Airport to University LRT.
(153) Salt Lake City--Delta Center to Gateway Intermodal
Center LRT Extension.
(154) Salt Lake City--Draper to Sandy LRT Extension.
(155) Salt Lake City--TRAX Capacity Improvements.
(156) Salt Lake City--West Valley City LRT Extension.
(157) Salt Lake City--West Jordan LRT extension.
(158) San Antonio--Bus Rapid Transit.
(159) San Diego--Sprinter Rail Line Extension Project.
(160) San Francisco--BART Extension to Livermore.
(161) San Francisco--BART Extension to Oakland International
Airport.
(162) San Francisco--MUNI Geary Boulevard Bus Rapid Transit.
(163) San Gabriel Valley--Gold Line Foothill Extension,
Pasadena to Montclair.
(164) San Joaquin Regional Rail Commission Commuter Rail
(Altamont Commuter Express).
(165) San Juan Tren Urbano--Extension from Rio Piedras to
Carolina.
(166) San Juan--Tren Urbano Minillas Extension.
(167) Santa Fe--El Dorado Rail Link.
(168) Seattle--Monorail Project.
(169) Seattle--Link LRT Extensions.
(170) Seattle--Sound Transit Commuter Rail.
(171) Seattle--Sound Transit Regional Express Bus.
(172) Sevierville to Pigeon Ford, Tennessee--Bus Rapid
Transit.
(173) Sonoma/Marin (SMART) Commuter Rail, California.
(174) South Carolina High Speed Rail Corridor.
(175) Southern California High Speed Regional Transit.
(176) St. Louis Metro Link--Scott AFB to Mid America Airport.
(177) St. Louis--East/West Gateway.
(178) St. Louis--Metro Link Northside Daniel Boone Project.
(179) St. Louis--Metro South Corridor.
(180) St. Louis--University Downtown Trolley.
(181) Stamford, Connecticut--Urban Transitway Phase II.
(182) Tampa--Bus Rapid Transit Improvements.
(183) Toledo, Ohio--CBD to Zoo.
(184) Toledo, Ohio--University Corridor.
(185) Trenton Trolley.
(186) Tri-Rail Dolphin Extension.
(187) Tri-Rail Florida East Coast Commuter Rail Extension.
(188) Tri-Rail Jupiter Extension.
(189) Tri-Rail Scripps Corridor Extension Project.
(190) Tucson--Old Pueblo Trolley Expansion.
(191) Vancouver--Interstate MAX Extension to Clark County,
Washington.
(192) Virginia Beach--Bus Rapid Transit.
(193) Virginia Railway Express Capacity Improvements.
(194) Washington State Ferries and Ferry Facilities.
(195) Washington State--Issaquah Valley Trolley Project.
(196) Williamsburg-Newport News--Peninsula Rail Transit.
(d) 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): $1,065,927,770
for fiscal year 2004, $1,071,034,586 for fiscal year
2005, $731,532,532 for fiscal year 2006, $490,000,000
for fiscal year 2007, $410,395,753 for fiscal year
2008, and $259,180,764 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): $30,579,750 for
fiscal year 2004, $186,475,050 for fiscal year 2005,
$681,268,504 for fiscal year 2006, $1,024,856,176 for
fiscal year 2007, $1,199,242,825 for fiscal year 2008,
and $1,465,646,690 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 2005 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, 2007, 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): $95,348,480 for
fiscal year 2004, $109,348,664 for fiscal year 2005,
$122,852,264 for fiscal year 2006, and $131,726,624 in
fiscal year 2007.
(C) Maximum funding levels for alternatives analysis
and preliminary engineering.--In fiscal years 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: $139,968,572 in fiscal year
2008 and $149,984,996 in fiscal year 2009.
(e) 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''.
(f) 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 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 2006 through
2008, the Secretary shall make funds available for the following
projects in not less than the amounts specified for the fiscal year:
----------------------------------------------------------------------------------------------------------------
Projects FY 06 FY 07 FY 08
----------------------------------------------------------------------------------------------------------------
1. Glendale, CA Purchase of CNG Buses for Glendale Beeline $147,840 $152,460 $161,700
Transit System.................................................
2. Detroit Fare Collection System............................... $1,280,000 $1,320,000 $1,400,000
3. Flint, MI Construct Intermodal Hub at Bishop International $640,000 $660,000 $700,000
Airport........................................................
4. Des Plaines, Wauconda, Cook and Lake Counties, IL Rand Road $256,000 $264,000 $280,000
Transit Signal Priority........................................
5. Indianapolis, IN Downtown transit center..................... $4,480,000 $4,620,000 $4,900,000
6. Los Angeles, CA, Construction of Intermodal Transit Center at $252,800 $260,700 $276,500
California State University Los Angeles........................
7. Columbus, OH--Central Ohio Transity Authority Paratransit $640,000 $660,000 $700,000
Facility.......................................................
8. Silver Spring, MD Construct Silver Spring Transit Center in $1,168,000 $1,204,500 $1,277,500
downtown Silver Spring.........................................
9. Detroit, MI Enclosed heavy-duty maintenance facility with $1,440,000 $1,485,000 $1,575,000
full operational functions for up to 300 buses.................
10. Bronx, NY Wildlife Conservation Society intermodal $160,000 $165,000 $175,000
transportation facility at the Bronx Zoo.......................
11. Construct pedestrian and bicycle amenities on Seawall Blvd $960,000 $990,000 $1,050,000
Galveston, TX..................................................
12. Hoboken, NJ Rehabilitation of Hoboken Intermodal Terminal... $320,000 $330,000 $350,000
13. Newark, NJ Penn Station Intermodal Improvements including $320,000 $330,000 $350,000
the rehabilitation of boarding areas...........................
14. Orlando, Florida--LYNX Bus Fleet Expansion Program.......... $288,000 $297,000 $315,000
15. Fairfax County, VA Richmond Highway (U.S. Route 1) Public $640,000 $660,000 $700,000
Transportation Improvements....................................
16. Portland, OR Renovation of Union Station, including $32,000 $33,000 $35,000
structural reinforcement and public safety upgrades............
17. Davis, CA Davis Multi-Modal Station to improve entrance to $320,000 $330,000 $350,000
Amtrak Depot and parking lot, provide additional parking and
improve service................................................
18. Reno-Sparks, Nevada--Intermodal Transportation Terminals and $1,280,000 $1,320,000 $1,400,000
Related Development............................................
19. Bar Harbor, ME Purchase new buses to enhance commuting near $96,000 $99,000 $105,000
the Jackson Labs...............................................
20. Bronx, NY Establish an intermodal transportation facility at $320,000 $330,000 $350,000
the Wildlife Conservation Society Bronx Zoo....................
21. Hingham, MA Hingham Marine Intermodal Center Improvements: $2,880,000 $2,970,000 $3,150,000
Enhance public transportation infrastructure/parking...........
22. Philadelphia, PA Philadelphia Zoo Intermodal Transportation $1,600,000 $1,650,000 $1,750,000
project w/parking consolidation, pedestrian walkways, public
transportation complements & landscape improvements to surface
parking lots...................................................
23. Construct intermodal transportation & parking facility, City $160,000 $165,000 $175,000
of Winter Park.................................................
24. Roma, TX Bus Facility....................................... $168,000 $173,250 $183,750
25. New York City, NY First Phase Implementation of Bus Rapid $320,000 $330,000 $350,000
Transit System.................................................
26. Scottsdale, Arizona--Construct intermodal center............ $640,000 $660,000 $700,000
27. Sonoma County, CA Purchase of CNG buses..................... $160,000 $165,000 $175,000
28. Camden, NJ Construction of the Camden County Intermodal $320,000 $330,000 $350,000
Facility in Cramer Hill........................................
29. Sandy Hook, NJ National Park Service - Construct year-round $320,000 $330,000 $350,000
ferry dock at Sandy Hook Unit of Gateway National Recreation
Area...........................................................
30. Sevier County, Tennessee--U.S. 441. bus rapid transit....... $80,000 $82,500 $87,500
31. St. Augustine, Florida--Intermodal Transportation and $320,000 $330,000 $350,000
Parking Facility...............................................
32. Torrington, CT Construct bus-related facility (Northwestern $640,000 $660,000 $700,000
Connecticut Central Transit District)..........................
33. Warren, PA--Construct Intermodal Transportation Center and $320,000 $330,000 $350,000
related pedestrian and landscape imporovements.................
34. Toledo, OH TARTA/TARPS Passenger Intermodal Facility $2,400,000 $2,475,000 $2,625,000
construction...................................................
35. Union City, CA Intermodal Station, Phase 1: Modify BART $1,360,000 $1,402,500 $1,487,500
station........................................................
36. Los Angeles, CA Wilshire-Vermont subway station $320,000 $330,000 $350,000
reconstruction.................................................
37. Lancaster, PA--bus replacement.............................. $304,000 $313,500 $332,500
38. Monmouth County, NJ Construction of main bus facility for $640,000 $660,000 $700,000
Freehold Township, including a terminal and repair shop........
39. Monrovia, California--Transit Village Project............... $960,000 $990,000 $1,050,000
40. Duluth, MN Downtown Duluth Area Transit facility $640,000 $660,000 $700,000
improvements...................................................
41. Brooklyn, NY New Urban Center--Broadway Junction Intermodal $307,200 $316,800 $336,000
Center.........................................................
42. Medford, MA Downtown revitalization featuring construction $640,000 $660,000 $700,000
of a 200 space Park and Ride Facility..........................
43. Needles, California--El Garces Intermodal Facility.......... $640,000 $660,000 $700,000
44. Bridgeport, Connecticut--Greater Bridgeport Transit $160,000 $165,000 $175,000
Authority Bus Facility.........................................
45. Palm Springs, California-- Sunline Transit bus purchase..... $160,000 $165,000 $175,000
46. National Park Service - Design and construct 2.1-mile $320,000 $330,000 $350,000
segment to complete Sandy Hook multi-use pathway in Sandy Hook,
NJ.............................................................
47. Phoenix, AZ Construct City of Phoenix paratransit facility $320,000 $330,000 $350,000
(Dial-a-Ride)..................................................
48. Project provides for the engineering and construction of a $320,000 $330,000 $350,000
transportation center in Paoli, Chester County.................
49. Columbus, Georgia--Buses & Bus Facilities................... $310,080 $319,770 $339,150
50. Cleveland, Ohio--University Circle intermodal facility...... $2,720,000 $2,805,000 $2,975,000
51. Cleveland, OH acquisition of buses Greater Cleveland $320,000 $330,000 $350,000
Regional Transit Authority.....................................
52. Greensboro, North Carolina--Replacement buses............... $1,849,600 $1,907,400 $2,023,000
53. Johnson Co., KS Bus and bus related facilities [I-35. $640,000 $660,000 $700,000
corridor], Johnson Co. Transit.................................
54. City of Alameda, CA Plan, design, and construct intermodal $640,000 $660,000 $700,000
facility.......................................................
55. New Orleans, LA Intermodal Riverfront Center................ $160,000 $165,000 $175,000
56. Replace railroad draw bridge in Galveston, Texas............ $160,000 $165,000 $175,000
57. Wilmington, NC Build Intermodal Center...................... $320,000 $330,000 $350,000
58. Yabucoa, Puerto Rico--Trolley buses......................... $56,000 $57,750 $61,250
59. Beverly, MA Design and Construct Beverly Depot Intermodal $640,000 $660,000 $700,000
Transportation Center..........................................
60. Georgia Statewide Bus Program............................... $64,000 $66,000 $70,000
61. Trenton, New Jersey--Trenton Train Station Rehabilitation... $400,000 $412,500 $437,500
62. Trenton, NJ Reconstruction and rehabilitation of the Trenton $2,240,000 $2,310,000 $2,450,000
Train Station..................................................
63. Zapata, Texas Purchase Bus vehicles......................... $80,000 $82,500 $87,500
64. Zanesville, OH--bus system signage and shelters............. $20,800 $21,450 $22,750
65. York, Pennsylvania--Rabbit Transit facilities and $886,560 $914,265. $969,675
communications equipment.......................................
66. Canby, OR bus and bus facilities............................ $48,000 $49,500 $52,500
67. New Orleans, LA Plan and construct New Orleans Union $320,000 $330,000 $350,000
Passenger Terminal intermodal facilities.......................
68. Northern Neck and Middle Peninsula, Virginia--Bay Transit $1,040,000 $1,072,500 $1,137,500
Multimodal Facilities..........................................
69. Broward County, FL Buses & Bus Facilities................... $2,080,000 $2,145,000 $2,275,000
70. Palm Springs, California--Sunline Transit: CalStart- $320,000 $330,000 $350,000
Weststart fuel cell bus program................................
71. San Juan, Puerto Rico--Buses................................ $320,000 $330,000 $350,000
72. Hammond, Louisiana--Passenger intermodal facility at $64,000 $66,000 $70,000
Southern Louisiana.............................................
73. West Virginia Construct Beckley Intermodal Gateway pursuant $7,680,000 $7,920,000 $8,400,000
to the eligibility provisions for projects listed under section
3030(d)(3) of P.L. 105-178.....................................
74. Albany-Schenectady, NY Bus Rapid Transit Improvements in NY $320,000 $330,000 $350,000
Route 5. Corridor..............................................
75. Alameda County, CA AC Transit Bus Rapid Transit Corridor $160,000 $165,000 $175,000
Project........................................................
76. Baldwin Park, CA Construct vehicle and bicycle parking lot $640,000 $660,000 $700,000
and pedestrian rest area at transit center.....................
77. Niagara Falls, NY Relocation, Development, and Enhancement $1,792,000 $1,848,000 $1,960,000
of Niagara Falls International Railway Station/Intermodal
Transportation Center..........................................
78. Utica, New York--Union Station Boehlert Center siding track $32,000 $33,000 $35,000
improvements...................................................
79. Ionia County, MI--Purchase and implementation of $188,800 $194,700 $206,500
communication equipment improvements...........................
80. Flagler County, Florida--bus facility....................... $192,000 $198,000 $210,000
81. Easton, Pennsylvania--Design and construct Intermodal $640,000 $660,000 $700,000
Transportation Center..........................................
82. Yamhill County, OR For the construction of bus shelters, $35,200 $36,300 $38,500
park and ride facilities, and a signage strategy to increase
ridership......................................................
83. Woodland, CA Yolobus operations, maintenance, administration $640,000 $660,000 $700,000
facility expansion and improvements to increase bus service
with alternative fuel buses....................................
84. Sacramento, CA Construct intermodal station and related $2,240,000 $2,310,000 $2,450,000
improvements...................................................
85. Torrance Transit System, CA Acquisition of EPA and CARB- $960,000 $990,000 $1,050,000
certified low emission replacement buses.......................
86. Burlington County, NJ--BurLink and Burlington County $1,280,000 $1,320,000 $1,400,000
Transportation System vehicles and equipment...................
87. Niles, OH Acquisition of bus operational and service $64,000 $66,000 $70,000
equipment for Niles Trumbull Transit...........................
88. Rockport, MA Rockport Commuter Rail Station Improvements.... $880,000 $907,500 $962,500
89. Cincinnati, Ohio--Metro Regional Transit Hub Network Eastern $256,000 $264,000 $280,000
Neighborhoods..................................................
90. Buses and bus related facilities throughout the State of $1,920,000 $1,980,000 $2,100,000
Connecticut....................................................
91. Columbus, GA Bus replacement................................ $96,000 $99,000 $105,000
92. Norwalk, CA Transit System Bus Procurement and Los Angeles $256,000 $264,000 $280,000
World Airport Remote Fly-Away Facility Project.................
93. Salem, OR bus and bus facilities............................ $640,000 $660,000 $700,000
94. Ilwaco, WA Procure shuttles for Lewis and Clark National $32,000 $33,000 $35,000
Historical Park................................................
95. Gainesville, FL Bus Replacement............................. $1,280,000 $1,320,000 $1,400,000
96. SEPTA Montgomery County Intermodal Improvements at Glenside $1,600,000 $1,650,000 $1,750,000
and Jenkintown Station Parking Garages.........................
97. Fredericksburg, Virginia--Improve and repair Fredericksburg $640,000 $660,000 $700,000
Station........................................................
98. Birmingham, AL Expansion of Downtown Intermodal Facility, $640,000 $660,000 $700,000
Phase II.......................................................
99. Gresham, Oregon Construct a new light rail station and $448,000 $462,000 $490,000
transit plaza on Portland MAX system and serve Gresham Civic
neighborhood...................................................
100. Jersey City, NJ McGinley Square Intermodal Facility........ $256,000 $264,000 $280,000
101. Emeryville, CA Expand & Improve Intermodal Transit Center $320,000 $330,000 $350,000
at Amtrak Station..............................................
102. Jersey City, NJ Construct West Entrance to Pavonia-Newport $640,000 $660,000 $700,000
PATH Station...................................................
103. Longwood, Florida--Construct Intermodal Transportation $160,000 $165,000 $175,000
Facility.......................................................
104. Marietta, Ohio Construction of transportation hub to $160,000 $165,000 $175,000
accommodate regional bus traffic...............................
105. Akron, Ohio--West Market Street transit center and related $208,000 $214,500 $227,500
pedestrian improvements........................................
106. Sandy, Oregon Transit Bus Facility......................... $112,000 $115,500 $122,500
107. Jacksonville, FL Paratransit Vehicles...................... $1,440,000 $1,485,000 $1,575,000
108. Carson, CA Purchase two tripper buses...................... $160,000 $165,000 $175,000
109. Bloomington, IN--Bus and transfer facility................. $1,539,200 $1,587,300 $1,683,500
110. Cobb County, GA Cobb County Smart Card Technology/Bus $320,000 $330,000 $350,000
Facility Improvements..........................................
111. Construct West Houston and Fort Bend County, Texas--bus $320,000 $330,000 $350,000
transit corridor...............................................
112. Mariposa, CA--Yosemite National Park CNG-Hydrogen transit $800,000 $825,000 $875,000
buses and facilities...........................................
113. Snohomish County, WA Community Transit bus purchases and $960,000 $990,000 $1,050,000
facility enhancement...........................................
114. Geneva, Illinois--Construct commuter parking deck for Metra $1,280,000 $1,320,000 $1,400,000
Service........................................................
115. Rhode Island Statewide Bus Fleet........................... $1,920,000 $1,980,000 $2,100,000
116. Pleasant Hill, CA Construct Diablo Valley College Bus $480,000 $495,000 $525,000
Transit Center.................................................
117. Broward, FL Purchase new articulated buses and bus stop $160,000 $165,000 $175,000
improvements on State Road 7. (SR 7) between Golden Glades
Interchange and Glades Road....................................
118. Attleboro, MA Construction, engineering and site $640,000 $660,000 $700,000
improvements at the Attleboro Intermodal Center................
119. Burbank, CA CNG Transit Vehicles Purchase for Local Transit $144,000 $148,500 $157,500
Network Expansion..............................................
120. Dayton Airport Intermodal Rail Feasibility Study........... $240,000 $247,500 $262,500
121. Los Angeles, CA Improve transit shelters, sidewalks $480,000 $495,000 $525,000
lighting and landscaping around Cedar's-Sinai Medical Center...
122. Baltimore, MD Construct Intercity Bus Intermodal Terminal.. $1,600,000 $1,650,000 $1,750,000
123. Cheltenham, PA Glenside Rail Station Parking Garage project $320,000 $330,000 $350,000
involving the construction of a 300-400 space parking lot at
Easton Road and Glenside Avenue................................
124. Haverhill, MA Design and Construct Intermodal Transit $1,792,000 $1,848,000 $1,960,000
Parking Improvements...........................................
125. Palm Beach County, FL Plan and Construct Belle Glade $1,120,000 $1,155,000 $1,225,000
Combined Passenger Transit Facility............................
126. Pittsburgh, PA Clean Fuel Bus Procurement.................. $160,000 $165,000 $175,000
127. San Fernando, CA Purchase CNG buses and related equipment $972,800 $1,003,200 $1,064,000
and construct facilities.......................................
128. Bayamon, Puerto Rico--bus terminal......................... $192,000 $198,000 $210,000
129. Bozeman, Montana--Intermodal and Parking Facility.......... $640,000 $660,000 $700,000
130. New Brunswick, NJ Construct parking facility at the Robert $640,000 $660,000 $700,000
Wood Johnson University Hospital and UMDNJ-Robert Wood Johnson
Medical School.................................................
131. Stonington and Mystic, Connecticut--Intermodal Center $1,100,800 $1,135,200 $1,204,000
parking facility and Streetscape...............................
132. Carson, CA Purchase one bus................................ $80,000 $82,500 $87,500
133. Miami-Dade County, Florida--Transit Security System........ $800,000 $825,000 $875,000
134. Town of Chapel Hill, NC Park and Ride Lot.................. $480,000 $495,000 $525,000
135. Wheaton, IL Pace Suburban Bus--Purchase buses.............. $320,000 $330,000 $350,000
136. Ocala and Marion County, Florida--replacement buses........ $960,000 $990,000 $1,050,000
137. Philadelphia, PA Improvements to the existing Penn's $1,280,000 $1,320,000 $1,400,000
Landing Ferry Terminal.........................................
138. Long Branch, NJ Design and construct facilities for ferry $1,280,000 $1,320,000 $1,400,000
service from Long Branch, NJ to New York City and other
destinations...................................................
139. Quincy, MA MBTA Purchase high speed catamaran ferry for $640,000 $660,000 $700,000
Quincy Harbor Express Service..................................
140. Los Angeles, CA Crenshaw Bus Rapid Transit................. $2,728,960 $2,814,240 $2,984,800
141. South Bend, Indiana--Construct South Bend Bus Operations $160,000 $165,000 $175,000
Center.........................................................
142. Arlington County, VA Crystal City--Potomac Yard Busway, $960,000 $990,000 $1,050,000
including construction of bus shelters.........................
143. Raleigh, NC Purchase eighteen replacement buses to replace $640,000 $660,000 $700,000
buses that have reached their useful life according to Federal
Transit Administration regulations.............................
144. Augusta, GA Buses and Bus Facilities....................... $128,000 $132,000 $140,000
145. Santa Ana, CA Improve Santa Ana transit terminal........... $320,000 $330,000 $350,000
146. Cooperstown, New York--Intermodal Facility Project......... $1,600,000 $1,650,000 $1,750,000
147. Santa Barbara, CA--Expansion of Regional Intermodal Transit $96,000 $99,000 $105,000
Center.........................................................
148. Tampa, FL Purchase buses and construct bus facilities...... $720,000 $742,500 $787,500
149. Hidalgo County, TX Regional Multi-Modal Center............. $640,000 $660,000 $700,000
150. Phoenix, AZ Construct regional heavy bus maintenance $320,000 $330,000 $350,000
facility.......................................................
151. Thurston County, WA Replace Thurston County Buses.......... $288,000 $297,000 $315,000
152. San Juan, Puerto Rico--bus security equipment.............. $960,000 $990,000 $1,050,000
153. Bryan, TX The District--Bryan Intermodel Transit Terminal $960,000 $990,000 $1,050,000
and Parking Facility...........................................
154. City of Greenville, NC Expansion Buses and Greenville $1,140,480 $1,176,120 $1,247,400
Intermodal Center..............................................
155. City of Livermore, CA Construct Bus Facility for Livermore $720,000 $742,500 $787,500
Amador Valley Transit Authority................................
156. Detroit Replacement Buses.................................. $1,600,000 $1,650,000 $1,750,000
157. Bealeton, Virginia--Intermodal Station Depot Refurbishment. $88,000 $90,750 $96,250
158. Covina, El Monte, Baldwin Park, Upland, CA Parking and $560,000 $577,500 $612,500
Electronic Signage Improvements................................
159. Eugene, OR Lane Transit District, Vehicle Replacement...... $640,000 $660,000 $700,000
160. Kearney, Nebraska--RYDE Transit Bus Maintenance and Storage $640,000 $660,000 $700,000
Facility.......................................................
161. Revere, MA Intermodal transit improvements in the $576,000 $594,000 $630,000
Wonderland station (MBTA) area.................................
162. Brownsville, TX Brownsville Ruban System City-Wide Transit $640,000 $660,000 $700,000
Improvement Project............................................
163. Normal, Illinois--Multimodal Transportation Center......... $2,240,000 $2,310,000 $2,450,000
164. Puerto Rico--Caribbean National Forest buses and bus $960,000 $990,000 $1,050,000
facilities.....................................................
165. Albany, OR Rehabilitate Building At Multimodal Transit $409,600 $422,400 $448,000
Station........................................................
166. Bronx, NY Hebrew Home for the Aged elderly and disabled $48,000 $49,500 $52,500
transportation support.........................................
167. Denver, CO Denver Union Station Intermodal Center.......... $1,760,000 $1,815,000 $1,925,000
168. Elizabeth, NJ Broad Street Streetscape Improvements and Bus $224,000 $231,000 $245,000
Shelters.......................................................
169. Delaware--University of Delaware Fuel Cell Bus Deployment.. $160,000 $165,000 $175,000
170. Lousiana--Construct pedestrian walkways between Caddo St. $320,000 $330,000 $350,000
and Milam St. along Edwards St. in Shreveport, LA..............
171. Riverside, California--RTA Advanced Traveler Information $160,000 $165,000 $175,000
System.........................................................
172. Santa Monica, CA Purchase and service LNG buses for Santa $1,200,000 $1,237,500 $1,312,500
Monica's Big Blue Bus to meet increased ridership needs and
reduce emissions...............................................
173. Ontario, CA Construct Omnitrans Transcenter................ $320,000 $330,000 $350,000
174. Brockton, MA Bus replacement for the Brockton Area Transit $480,000 $495,000 $525,000
Authority......................................................
175. Molalla, OR South Clackamas Transportation District, bus $32,000 $33,000 $35,000
purchase.......................................................
176. Boise, ID--Multi-modal facility............................ $1,440,000 $1,485,000 $1,575,000
177. Fond du Lac Reservation, MN Purchase busses................ $48,000 $49,500 $52,500
178. Sandy City, UT Construct transit hub station and TRAX $640,000 $660,000 $700,000
station at 9400 South..........................................
179. Albany, OR Construct Pathway From Multimodal Transit $166,400 $171,600 $182,000
Station to Swanson Park........................................
180. Tillamook, OR construction of a transit facility........... $32,000 $33,000 $35,000
181. Trenton, NJ Development of Trenton Trolley System.......... $320,000 $330,000 $350,000
182. Utica, New York--Union Station rehabilitation and related $160,000 $165,000 $175,000
infrastructure improvements....................................
183. San Fernando Valley, CA Reseda Blvd. Bus Rapid Transit $192,000 $198,000 $210,000
Route..........................................................
184. Richmond, VA Renovation and construction for Main Street $352,000 $363,000 $385,000
Station........................................................
185. St. Paul to Hinckley, MN Construct bus amenities along Rush $480,000 $495,000 $525,000
Line Corridor..................................................
186. Mattoon, Illinois--historic railroad depot restoration/ $512,000 $528,000 $560,000
intermodal center..............................................
187. Columbia County, OR To purchase buses...................... $44,800 $46,200 $49,000
188. Westchester County, NY Bee-Line Bus Replacement program.... $80,000 $82,500 $87,500
189. Sacramento, CA Bus enhancement and improvements-construct $640,000 $660,000 $700,000
maintenance facility and purchase clean-fuel buses to improve
transit service................................................
190. Calexico, CA Purchase new buses for the Calexico Transit $96,000 $99,000 $105,000
System.........................................................
191. Monterey Park, CA Safety improvements at a bus stop $512,000 $528,000 $560,000
including creation of bus loading areas and street improvements
192. Buffalo, NY Intermodal Center Parking Facility............. $320,000 $330,000 $350,000
193. Mukilteo, WA Multi-Modal Terminal.......................... $1,856,000 $1,914,000 $2,030,000
194. Orange County Transit Authority, California--Security $1,692,800 $1,745,700 $1,851,500
surveillance and monitoring equipment..........................
195. Woodland Hills, CA Los Angeles Pierce College Bus Rapid $320,000 $330,000 $350,000
Transit Station Extension......................................
196. Design Downtown Carrollton Regional Multi-Modal Transit Hub $640,000 $660,000 $700,000
Station........................................................
197. Brooklyn, NY Brooklyn Children's Museum.................... $448,000 $462,000 $490,000
198. Cleveland, Ohio--Euclid Avenue University Hospital $1,440,000 $1,485,000 $1,575,000
intermodal facility............................................
199. Las Vegas, NV Construct Central City Intermodal $1,920,000 $1,980,000 $2,100,000
Transportation Terminal........................................
200. Montebello, CA Bus Lines Bus Fleet Replacement Project..... $224,000 $231,000 $245,000
201. Philadelphia, PA Cruise Terminal Transportation Ctr. Phila. $1,120,000 $1,155,000 $1,225,000
Naval Shipyard.................................................
202. Cleveland, OH Construct Fare Collection System Project, $160,000 $165,000 $175,000
Cuyahoga County................................................
203. Tempe, Arizona--East Valley Metro Bus Facility............. $1,600,000 $1,650,000 $1,750,000
204. Boysville of Michigan Transportation System................ $1,075,200 $1,108,800 $1,176,000
205. Woburn, MA Construction of an 89. space park and ride $576,000 $594,000 $630,000
facility to be located on Magazine Hill, in the Heart of Woburn
Square.........................................................
206. Sylvester, GA Intermodal Facility.......................... $64,000 $66,000 $70,000
207. Culver City, CA Purchase compressed natural gas buses and $1,184,000 $1,221,000 $1,295,000
expand natural gas fueling facility............................
208. Eastern Upper Peninsula, MI Ferry Dock and Facility $80,000 $82,500 $87,500
upgrades for Drummond Island Ferry Services....................
209. Morristown, New Jersey--Intermodal Historic Station........ $320,000 $330,000 $350,000
210. San Antonio, TX Improve VIA bus facility and purchase new $2,240,000 $2,310,000 $2,450,000
buses..........................................................
211. Miami-Dade County, Florida--buses and bus facilities....... $2,880,000 $2,970,000 $3,150,000
212. Glendale, CA Construction of Downtown Streetcar Project.... $320,000 $330,000 $350,000
213. Gainesville, FL Bus Rapid Transit Study.................... $160,000 $165,000 $175,000
214. Mount Rainier, MD Intermodal and Pedestrian Project........ $144,000 $148,500 $157,500
215. Allentown, Pennsylvania--Da Vinci Center hydrogen fuel- $512,000 $528,000 $560,000
celled transit vehicles........................................
216. Wilsonville, OR South Metro Area Rapid Transit, bus and bus $80,000 $82,500 $87,500
facilities.....................................................
217. Charlotte, NC Construct Charlotte Multimodal Station....... $2,496,000 $2,574,000 $2,730,000
218. Enfield, Connecticut--intermodal station................... $640,000 $660,000 $700,000
219. Chicago, IL Feasibility Study for intermodal station on the $96,000 $99,000 $105,000
Metra Rock Island near Kennedy-King College....................
220. Indianapolis, IN IndySMART program to relieve congestion, $640,000 $660,000 $700,000
improve safety and air quality.................................
221. Chicago, IL Construct intermodel facility at 35th Street at $1,600,000 $1,650,000 $1,750,000
Metra Red Line (Northside).....................................
222. Escondido, CA--Construct Bus Maintenance Facility.......... $160,000 $165,000 $175,000
223. Los Angeles, CA Design and construct improved transit and $480,000 $495,000 $525,000
pedestrian linkages between Los Angeles Community College and
nearby MTA rail stop and bus lines.............................
224. Montgomery County, MD Wheaton CBD Intermodal Access Program $160,000 $165,000 $175,000
225. Allentown, Pennsylvania--Design and construct Intermodal $640,000 $660,000 $700,000
Transportation Center..........................................
226. Champaign, IL--Construct park and ride lot with attached $480,000 $495,000 $525,000
daycare facility...............................................
227. Berkeley, CA Construct Ed Roberts Campus Intermodal Transit $960,000 $990,000 $1,050,000
Disability Center..............................................
228. Charlotte, North Carolina--Multimodal Station.............. $1,280,000 $1,320,000 $1,400,000
229. Coconino County bus and bus facilities for the Sedona $24,000 $24,750 $26,250
Transit System.................................................
230. Construction of Third Bus Depot on Staten Island........... $3,840,000 $3,960,000 $4,200,000
231. Harrison, Arkansas--Trolley Barn........................... $12,800 $13,200 $14,000
232. Alexandria, VA Royal Street Bus Garage Replacement......... $160,000 $165,000 $175,000
233. Intermodal Facilities in Bucks County (Croydon and $320,000 $330,000 $350,000
Levittown Stations)............................................
234. Bronx, NY Jacobi Intermodal Center to North Central Bronx $160,000 $165,000 $175,000
Hospital bus system............................................
235. Indianapolis, IN Construct the Ivy Tech State College Multi- $1,600,000 $1,650,000 $1,750,000
Modal Facility.................................................
236. Juneau, Alaska--transit bus acquisition and transit center. $480,000 $495,000 $525,000
237. Knoxville, Tennessee--Central Station Transit Center....... $3,264,000 $3,366,000 $3,570,000
238. Levy County, Florida--Purchase 2 wheel chair equipped $96,000 $99,000 $105,000
passenger buses and related equipment..........................
239. Lafayette, Louisiana--Lafayette Transit System bus $288,000 $297,000 $315,000
replacement program............................................
240. Nebraska--statewide transit vehicles, facilities, and $1,280,000 $1,320,000 $1,400,000
related equipment..............................................
241. Cincinnati, Ohio--Costruct Uptown Crossings Joint $160,000 $165,000 $175,000
Development Transit Project....................................
242. Des Moines, IA Purchase 40 foot buses...................... $320,000 $330,000 $350,000
243. New Orleans, LA Regional Planning Commission, bus and bus $160,000 $165,000 $175,000
facilities.....................................................
244. Orange County, CA Purchase buses for rapid transit......... $320,000 $330,000 $350,000
245. Bus to provide Yorktown internal circulator to provide $59,200 $61,050 $64,750
transportaion throughout the Town..............................
246. Providence, RI Expansion of Elmwood Paratransit Maintenance $1,600,000 $1,650,000 $1,750,000
Facility.......................................................
247. Atlanta, GA Intermodal Passenger Facility Improvements..... $640,000 $660,000 $700,000
248. Palm Beach, FL Palm Tran AVL-APC system with smart card $80,000 $82,500 $87,500
fareboxes......................................................
249. Grand Rapids, MI--Purchase replacement and expansion buses. $4,688,000 $4,834,500 $5,127,500
250 Maywood, IL Purchase buses.................................. $16,000 $16,500 $17,500
251. Redondo Beach, CA Capital Equipment procurement of 12. $256,000 $264,000 $280,000
Compressed Natural Gas (CNG) Transit vehicles for Coastal
Shuttle Services by Beach Cities Transit.......................
252. Rochester, New York--Renaissance Square transit center..... $1,440,000 $1,485,000 $1,575,000
253. San Bernardino, CA Implement Santa Fe Depot improvements in $160,000 $165,000 $175,000
San Bernardino.................................................
254. San Joaquin, California Regional Rail--Altamont Commuter $1,280,000 $1,320,000 $1,400,000
Express Corridor intermodal centers............................
255. Albany, GA Multimodal Facility............................. $256,000 $264,000 $280,000
256. Savannah, GA Bus and Bus Facilities--Chatham Area Transit.. $1,600,000 $1,650,000 $1,750,000
257. Newburyport, MA Design and Construct Intermodal Facility... $640,000 $660,000 $700,000
258. Cleveland, Ohio--Euclid Avenue and East 93rd Street $2,720,000 $2,805,000 $2,975,000
intermodal facility............................................
259. St. Charles, IL--Intermodal Parking Structures............. $1,440,000 $1,485,000 $1,575,000
260 Gardena, CA Purchase of alternative fuel buses for service $1,569,280 $1,618,320 $1,716,400
expansion, on-board security system and bus facility training
equipment......................................................
261. Thendra-Webb and Utica, New York--install hadicap lifts in $32,000 $33,000 $35,000
intermodal centers.............................................
262. Union City, NJ Construct Union City Intermodal Facility.... $640,000 $660,000 $700,000
263. Wilmar, AR Develop the Southeast Arkansas Intermodal $640,000 $660,000 $700,000
Facility.......................................................
264. Westchester County, NY Bus replacement program............. $1,200,000 $1,237,500 $1,312,500
265. Village of Tinley Park, Illinois, 80th Avenue Commuter Rail $160,000 $165,000 $175,000
Station reconstruction and site enhancements...................
266. Martinez, CA Intermodal Facility Restoration............... $480,000 $495,000 $525,000
267. Middletown, CT Construct intermodal center................. $480,000 $495,000 $525,000
268. Nashville, TN Construct a parking garage on the campus of $640,000 $660,000 $700,000
Lipscomb University, Nashville.................................
269. New London, Connecticut--Intermodal Transportation Center $640,000 $660,000 $700,000
and Streetscapes...............................................
270. Vernon, Connecticut--Intermodal Center, Parking and $2,112,000 $2,178,000 $2,310,000
Streetscapes...................................................
271. Huntington, NY Replacement of three full sized transit $192,000 $198,000 $210,000
buses with hybrid electric buses...............................
272. Bend, Oregon--replacement vans............................. $320,000 $330,000 $350,000
273. Boston, MA Harbor Park Pavilion & Intermodal Station....... $288,000 $297,000 $315,000
274. Philadelphia, PA SEPTA's Market St. Elevated Rail project $448,000 $462,000 $490,000
in conjunction with Philadelphia Commercial Development
Corporation for improvements and assistance to entities along
rail corridor..................................................
275. Jesup, Georgia--Train Depot intermodal center.............. $320,000 $330,000 $350,000
276. Long Beach, CA Museum of Latin American Art, Long Beach, to $640,000 $660,000 $700,000
build intermodal park and ride facility........................
277. Shreveport, LA--Intermodal Transit Facility................ $1,072,000 $1,105,500 $1,172,500
278. Arlington County, VA Columbia Pike Bus Improvements........ $1,120,000 $1,155,000 $1,225,000
279. Los Angeles, CA Purchase of clean fuel buses to improve bus $273,920 $282,480 $299,600
service in South Los Angeles...................................
280. Lowell, MA Implementation of LRTA bus replacement plan..... $320,000 $330,000 $350,000
281. Falls Church, VA Falls Church Intermodal Transportation $640,000 $660,000 $700,000
Center.........................................................
282. San Diego, CA Completion of San Diego Joint Transportation $640,000 $660,000 $700,000
Operations Center (JTOC).......................................
283. St. Bernard Parish, LA Intermodal facility improvements.... $320,000 $330,000 $350,000
284. Town of Warwick, NY. Rt 94. construction of series of $27,840 $28,710 $30,450
secondary and interior travel lanes............................
285. Metro Gold Line Foothill Extension Light Rail Transit $4,800,000 $4,950,000 $5,250,000
Project from Pasadena, CA to Montclair, CA.....................
286. Richmond, CA BART Parking Structure........................ $1,600,000 $1,650,000 $1,750,000
287. San Francisco, CA Implement ITS on Muni Transit System..... $960,000 $990,000 $1,050,000
288. Alameda County, CA AC Transit Bus Rapid Transit Corridor $640,000 $660,000 $700,000
Project........................................................
289. Town of Warwick, NY Bus Facility Warwick Transit System.... $176,000 $181,500 $192,500
290 Galveston, Texas--Intermodal center and parking facility, $1,440,000 $1,485,000 $1,575,000
The Strand.....................................................
291. Joliet, Illinois--Union Station commuter parking facility.. $800,000 $825,000 $875,000
292. Lake County, Ohio--Ohio Department of Transportation $48,000 $49,500 $52,500
transit improvements...........................................
293. Muskegon, Michigan--Muskegon Area Transit Terminal and $640,000 $660,000 $700,000
related improvements...........................................
294. Orlando, FL Bus Replacement................................ $1,280,000 $1,320,000 $1,400,000
295. Long Beach, CA Purchase one larger (75. passengers) and two $960,000 $990,000 $1,050,000
smaller (40 passengers) ferryboats and construct related dock
work to facilitate the use and accessibility of the ferryboats.
296. Elgin to Rockford, Illinois--Intermodal stations along $960,000 $990,000 $1,050,000
planned Metra Union Pacific West Line extension alignment,
including necessary alternatives analysis......................
297. Pilot Shuttle Train Project from the Ports of Los Angeles $1,600,000 $1,650,000 $1,750,000
and Long Beach to the Inland Empire............................
298. Thomasville, GA Bus Replacement............................ $64,000 $66,000 $70,000
299. Corvallis, OR Bus Replacement.............................. $396,800 $409,200 $434,000
300. Geneva, New York--Multimodal facility--construct passenger $160,000 $165,000 $175,000
rail center....................................................
301. Barry County, MI--Barry County Transit equipment and $48,000 $49,500 $52,500
dispatching software...........................................
302. Greensboro, North Carolina--Piedmont Authority for Regional $4,006,400 $4,131,600 $4,382,000
Transportation Multimodal Transportation Center................
303. Howard County, MD Construct Central Maryland Transit $1,600,000 $1,650,000 $1,750,000
Operations and Maintenance Facility............................
304. Coconino County buses and bus facilities for Flagstaff, AZ. $24,000 $24,750 $26,250
305. Fund the 8.28 miles of the El Camino East-West Corridor $640,000 $660,000 $700,000
along LA 6 from LA 485 near Robeline, LA to I-49...............
306. Jacksonville, FL Bus Replacement........................... $2,240,000 $2,310,000 $2,450,000
307. Los Angeles, CA Improve safety, mobility and access between $160,000 $165,000 $175,000
LATTC, Metro line and nearby bus stops on Grand Ave between
Washington and 23rd............................................
308. Miami Dade, FL N.W. 7th Avenue Transit Hub................. $960,000 $990,000 $1,050,000
309. Elyria, OH Construct the New York Central Train Station $655,360 $675,840 $716,800
into an intermodal transportation hub..........................
310. River Parishes, LA South Central Planning and Development $320,000 $330,000 $350,000
Commission, bus and bus facilities.............................
311. Mammoth Lakes, California--Regional Transit Maintenance $160,000 $165,000 $175,000
Facility.......................................................
312. Roanoke, Virginia--Improve Virginian Railway Station....... $80,000 $82,500 $87,500
313. Solana Beach, CA--Construct Intermodal Facility............ $480,000 $495,000 $525,000
314. San Diego, CA Widen sidewalks and bus stop entrance, and $96,000 $99,000 $105,000
provide diagonal parking, in the Skyline Paradise Hills
neighborhood (Reo Drive).......................................
315. Temecula, California--Intermodal Transit Facility.......... $160,000 $165,000 $175,000
316. Philadelphia, Pennsylvania--SEPTA Market Street Elevated $1,280,000 $1,320,000 $1,400,000
Line parking facility..........................................
317. Jamestown, NY Rehabilitation of Intermodal Facility and $640,000 $660,000 $700,000
associated property............................................
318. Akron, Ohio Construct Downtown Multi-modal Transportation $1,280,000 $1,320,000 $1,400,000
Center.........................................................
319. Detroit Bus Maintenance Facility........................... $2,880,000 $2,970,000 $3,150,000
320. Detroit, MI Bus Replacement................................ $2,400,000 $2,475,000 $2,625,000
321. Monterey Park, CA Catch Basins at Transit Stop Installation $102,400 $105,600 $112,000
322. Oneonta, New York-bus replacement.......................... $48,000 $49,500 $52,500
323. Lincoln County, OR bus purchase............................ $80,000 $82,500 $87,500
324. Elon, North Carolina--Piedmont Authority for Regional $384,000 $396,000 $420,000
Transportation buses and bus facilities........................
325. Grants Pass, OR Purchase Vehicles For Use By Josephine $54,720 $56,430 $59,850
Community Transit..............................................
326. Los Angeles, CA Install permanent irrigation system and $960,000 $990,000 $1,050,000
enhanced landscaping on San Fernando Valley rapid bus
transitway.....................................................
327. Cleveland, OH Construct East Side Transit Center........... $960,000 $990,000 $1,050,000
328. New Jersey Transit Community Shuttle Buses................. $160,000 $165,000 $175,000
329. Quitman, Clay, Randolph, Stewart Co., GA Bus project....... $80,000 $82,500 $87,500
330. Framingham, MA Local Intra-Framingham Transit System $576,000 $594,000 $630,000
enhancements...................................................
331. Gettysburg, Pennsylvania--transit transfer center.......... $287,680 $296,670 $314,650
332. Long Beach, CA Park and Ride facility...................... $320,000 $330,000 $350,000
333. Oak Harbor, WA Multimodal Facility......................... $320,000 $330,000 $350,000
334. North Bend, Washington--Park and Ride...................... $256,000 $264,000 $280,000
335. High Point, North Carolina--Bus Terminal................... $1,920,000 $1,980,000 $2,100,000
336. Dallas, TX Bus Passenger Facilities........................ $4,096,000 $4,224,000 $4,480,000
337. Island Transit, WA Operations Base Facilities Project...... $768,000 $792,000 $840,000
338. Bronx, NY Intermodal facility near Exit 6 of the Bronx $80,000 $82,500 $87,500
River Parkway..................................................
339. East San Diego County, California--Bus Maintence Facility $640,000 $660,000 $700,000
Expansion......................................................
340. New Jersey Intermodal Facilities and Bus Rolling Stock..... $960,000 $990,000 $1,050,000
341. San Gabriel Valley, CA--Park and Rides..................... $3,040,000 $3,135,000 $3,325,000
342. St. Paul, MN Union Depot Multi Modal Transit Facility...... $640,000 $660,000 $700,000
343. Brooklyn, NY Kings County Hospital Center.................. $320,000 $330,000 $350,000
344. Gainesville, FL Bus Facility Expansion..................... $1,280,000 $1,320,000 $1,400,000
345. Kansas City, MO Bus Transit Infrastructure................. $320,000 $330,000 $350,000
346. Phoenix, AZ Construct metro bus facility in Phoenix's West $1,600,000 $1,650,000 $1,750,000
Valley.........................................................
347. Eastlake, Ohio--Eastlake Stadium transit intermodal $1,360,000 $1,402,500 $1,487,500
facility.......................................................
348. Savannah, Georgia--Water Ferry Riverwalk intermodal $640,000 $660,000 $700,000
facilities.....................................................
349. Kent, OH Construct Kent State University Intermodal $320,000 $330,000 $350,000
Facility serving students and the general public...............
350. Milwaukee, WI Rehabilitate Intermodal transportation $1,440,000 $1,485,000 $1,575,000
facility at downtown Milwaukee's Amtrak Station, increase
parking for bus passengers.....................................
351. Eastland, North Carolina--Community Transit Center......... $640,000 $660,000 $700,000
352. Oakland, CA Construct streetscape & intermodal improvements $320,000 $330,000 $350,000
at BART Station Transit Villages...............................
353. Suffolk County, NY Purchase four handicapped accessible $89,600 $92,400 $98,000
vans to transport veterans to and from the VA facility in
Northport......................................................
354. Norfolk, Virginia--Final Design and Construction Southside $560,000 $577,500 $612,500
Bus Facility...................................................
355. Albany, GA Bus replacement................................. $96,000 $99,000 $105,000
356. Lafayette Multimodal center, Final Phase................... $960,000 $990,000 $1,050,000
357. Athens, GA Buses and Bus Facilities........................ $454,400 $468,600 $497,000
358. Cicero, Chicago Establish Transit Signal Priority, Cicero $320,000 $330,000 $350,000
Ave., Pace Suburban Bus........................................
359. Arlington County, VA Pentagon City Multimodal Improvements. $640,000 $660,000 $700,000
360. Richmond, VA Design and construction for a bus operations $480,000 $495,000 $525,000
and maintenance facility for Greater Richmond Transit Company..
361. Roanoke, Virginia--Roanoke Railway and Link Passenger $160,000 $165,000 $175,000
facility.......................................................
362. Akron, OH Construct City of Akron Commuter Bus Transit $480,000 $495,000 $525,000
Facility.......................................................
363. Corning, New York--Transportation Center................... $1,280,000 $1,320,000 $1,400,000
364. Santa Monica, CA Construct intermodal park-and-ride $320,000 $330,000 $350,000
facility at Santa Monica College campus on South Bundy Drive
near Airport Avenue............................................
365. Pace Suburban Bus, IL South Suburban BRT Mobility Network.. $160,000 $165,000 $175,000
366. Orange County, CA Transportation Projects to Encourage Use $320,000 $330,000 $350,000
of Transit to Reduce Congestion................................
367. Palm Beach, FL 20 New Buses for Palm Tran.................. $480,000 $495,000 $525,000
368. Nassau County, NY Conduct planning and engineering for $2,240,000 $2,310,000 $2,450,000
transportation system (HUB)....................................
369. Norwalk, Connecticut--Pulse Point Joint Development $160,000 $165,000 $175,000
intermodal facility............................................
370. Salem, MA Design and Construct Salem Intermodal $640,000 $660,000 $700,000
Transportation Center..........................................
371. Las Vegas, NV Construct Las Vegas WestCare Intermodal $80,000 $82,500 $87,500
Facility.......................................................
372. Richmond, KY Purchase buses, bus equipment, and facilities. $230,400 $237,600 $252,000
373. Niagara Frontier Transportation Authority, NY Replacement $320,000 $330,000 $350,000
Buses..........................................................
374. Metro-Atlanta, GA MARTA Automated Smart-Card Fare $320,000 $330,000 $350,000
Collection system..............................................
375. Monterey, CA Purchase bus equipment........................ $320,000 $330,000 $350,000
376. New York City, NY Purchase Handicapped-Accessible Livery $320,000 $330,000 $350,000
Vehicles.......................................................
377. San Francisco, CA Construct San Francisco Muni Islais Creek $1,920,000 $1,980,000 $2,100,000
Maintenance Facility...........................................
378. Indianapolis, IN Relocate and improve intermodal $4,480,000 $4,620,000 $4,900,000
transportation for pedestrian and freight access to Children's
Museum of Indianapolis.........................................
379. Ramapo, NY Transportation Safety Field Command Center $80,000 $82,500 $87,500
(TSFCC)........................................................
380. Expand Diesel Emission Reduction Program of Gateway Cities $992,000 $1,023,000 $1,085,000
COG............................................................
381. San Francisco, CA Redesign and renovate intermodal facility $1,056,000 $1,089,000 $1,155,000
at Glen Park Community.........................................
382. San Luis Rey, California--Transit Center Project........... $160,000 $165,000 $175,000
383. South San Francisco,CA Construction of Ferry Terminal at $1,600,000 $1,650,000 $1,750,000
Oyster Point in South San Francisco to the San Francisco Bay
Area Water Transit Authority...................................
384. Atlanta, GA MARTA Clean Fuel Bus Acquisition............... $1,920,000 $1,980,000 $2,100,000
385. Construct a 400 space parking structure at the northwest $320,000 $330,000 $350,000
corner of Main and Cherry Streets..............................
386. Suffolk County, NY Design and construction of intermodal $1,280,000 $1,320,000 $1,400,000
transit facility in Wyandanch..................................
387. Fresno, CA--Develop program of low-emission transit $320,000 $330,000 $350,000
vehicles.......................................................
388. Sylmar, CA Los Angeles Mission College Transit Center $80,000 $82,500 $87,500
construction...................................................
389. Lakewood, NJ--Ocean County Bus service and parking $800,000 $825,000 $875,000
facilities.....................................................
390. St. Lucie County, FL Purchase Buses........................ $320,000 $330,000 $350,000
391. Hampton Roads, VA Final design and construction for a $640,000 $660,000 $700,000
Hampton Roads Transit Southside Bus Facility...................
392. Oakland, CA Construct Bay Trail between Coliseum BART $288,000 $297,000 $315,000
station and Martin Luther King, Jr. Regional Shoreline.........
393. South Amboy, NJ Construction of improvements to facilities $2,560,000 $2,640,000 $2,800,000
at South Amboy Station under S Amboy, NJ Regional Intermodal
Initiative.....................................................
394. Hartford, CT Buses and bus-related facilities.............. $1,280,000 $1,320,000 $1,400,000
395. Ilwaco, WA Construct park and ride......................... $32,000 $33,000 $35,000
396. Burbank, CA Construction of Empire Area Transit Center near $80,000 $82,500 $87,500
Burbank Airport................................................
397. Pottsville, PA Union Street Trade and Transfer Center $640,000 $660,000 $700,000
Intermodal Facility............................................
398. Amador County, California--Regional Transit Center......... $320,000 $330,000 $350,000
399. Pasadena, CA ITS Improvements.............................. $320,000 $330,000 $350,000
400. South FL Region, FL Regional Universal Automated Fare $640,000 $660,000 $700,000
Collection System (UAFC) (for bus system)......................
401. South Pasadena, CA Silent Night Grade Crossing Project..... $288,000 $297,000 $315,000
402. Tampa, FL Establish Transit Emphasis Corridor and $240,000 $247,500 $262,500
Improvements...................................................
403. San Francisco, CA Implement Transbay Terminal-Caltrain $4,480,000 $4,620,000 $4,900,000
Downtown Extension Project.....................................
404. Rock Island, IL Improve Rock Island Mass Transit District $160,000 $165,000 $175,000
Bus Facility...................................................
405. Las Vegas, NV Construct Boulder Highway BRT system and $640,000 $660,000 $700,000
purchase vehicles and related equipment........................
406. Moultrie, GA Intermodal facility........................... $96,000 $99,000 $105,000
407. Carson, CA Purchase one trolley-bus vehicle................ $80,000 $82,500 $87,500
408. Brooklyn, NY SUNY Downstate Medical Center................. $320,000 $330,000 $350,000
409. Alexandria, VA Eisenhower Avenue Intermodal Station $800,000 $825,000 $875,000
Improvements, including purchase of buses and construction of
bus shelters...................................................
410. Long Beach, CA Purchase ten clean fuel buses............... $960,000 $990,000 $1,050,000
411. Cleveland, OH Construction of an intermodal facility and $320,000 $330,000 $350,000
related improvements at University Hospitals facility on Euclid
Avenue.........................................................
412. Nashville, TN Construct Downtown Nashville Transit Transfer $480,000 $495,000 $525,000
Facility.......................................................
413. Philadelphia, PA Penn's Landing water shuttle parking lot $352,000 $363,000 $385,000
expansion and water shuttle ramp infrastructure construction...
414. Hercules, CA Intermodal Rail Station Improvements.......... $480,000 $495,000 $525,000
----------------------------------------------------------------------------------------------------------------
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 3
geographically diverse 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 bus 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. 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.
(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, $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. 3041. 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.--
(A) In general.--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--
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008; and
(v) $8,700,000 for fiscal year 2009.
(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.
(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) $5,700,000 for fiscal year 2005;
(B) $6,200,000 for fiscal year 2006;
(C) $6,550,000 for fiscal year 2007;
(D) $6,900,000 for fiscal year 2008; and
(E) $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) $4,700,000 for fiscal year 2005;
(B) $4,900,000 for fiscal year 2006;
(C) $5,200,000 for fiscal year 2007;
(D) $5,500,000 for fiscal year 2008; and
(E) $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) $3,700,000 for fiscal year 2005;
(ii) $3,900,000 for fiscal year 2006;
(iii) $4,150,000 for fiscal year 2007;
(iv) $4,300,000 for fiscal year 2008; and
(v) $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.--For carrying out research activities
on mobility management, as described in section
5302(a)(1) of title 49, United States Code--
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008; and
(v) $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.
(C) Cognitive impairment study.--Of the funds
allocated for fiscal year 2005 under subparagraph (A),
$1,000,000 shall be made available by the Secretary for
research and demonstration activities that focus on the
capacity and resources of Oregon public transportation
systems to address the needs, barriers, and desires for
travel of people with cognitive impairments.
(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) $2,400,000 for fiscal year 2005;
(ii) $2,500,000 for fiscal year 2006;
(iii) $2,600,000 for fiscal year 2007;
(iv) $2,700,000 for fiscal year 2008; and
(v) $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) $3,500,000 for fiscal year 2005;
(B) $3,700,000 for fiscal year 2006;
(C) $4,000,000 for fiscal year 2007;
(D) $4,200,000 for fiscal year 2008; and
(E) $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. 3042. 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 such section 1001 is made in connection with a
Federal transit program.''.
SEC. 3043. 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.
SEC. 3044. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the 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) $7,646,300,000 for fiscal year 2005;
(3) $8,482,000,000 for fiscal year 2006;
(4) $9,042,000,000 for fiscal year 2007;
(5) $9,639,000,000 for fiscal year 2008; and
(6) $10,277,000,000 for fiscal year 2009.
SEC. 3045. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF
2004, PART V.
(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 2005 shall be reduced by the amount
apportioned to such designated recipient pursuant to section 8 of the
Surface Transportation Extension Act of 2004, Part V.
(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 2005 to reflect the method for
apportioning funds in section 5337(a) of title 49, United States Code.
SEC. 3046. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part IV (Public Law 108-280),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
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) $173,450,000 for fiscal year 2004;
``(B) $254,849,000 for fiscal year 2005;
``(C) $215,000,000 for fiscal year 2006;
``(D) $230,000,000 for fiscal year 2007;
``(E) $234,000,000 for fiscal year 2008; and
``(F) $240,000,000 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
$26,000,000 for each of fiscal years 2006 through 2009.
(2) For border enforcement grants under section 31107 of such
title--
(A) $32,000,000 for fiscal year 2006;
(B) $32,000,000 for fiscal year 2007;
(C) $32,000,000 for fiscal year 2008; and
(D) $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) $5,000,000 for fiscal year 2006;
(B) $5,000,000 for fiscal year 2007;
(C) $6,000,000 for fiscal year 2008; and
(D) $6,000,000 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, $25,000,000 for each of fiscal years
2006 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 prohibiting the operation of
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) $188,852,000 for fiscal year 2004;
``(2) $188,480,000 for fiscal year 2005;
``(3) $188,000,000 for fiscal year 2006;
``(4) $197,000,000 for fiscal year 2007;
``(5) $202,000,000 for fiscal year 2008; and
``(6) $209,000,000 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
(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 the heading for subchapter I and inserting
the following:
``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) Governments 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.--
(1) Item relating to subchapter i.--The analysis for such
chapter is amended by striking the item relating to subchapter
I and inserting the following:
``Subchapter I--General authority and State grants''.
(2) Item relating to section 31107.--The analysis for such
chapter is amended 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--
(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;''; and
(4) in subparagraph (C) by striking ``$10,000.'' and
inserting ``$25,000; and''.
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
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 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 the Secretary finds that an
officer of a motor carrier engages or has engaged in a pattern or
practice of avoiding compliance, or masking or otherwise concealing
noncompliance, with regulations on commercial motor vehicle safety
prescribed under this subchapter, while serving as an officer of any
motor carrier, the Secretary may suspend, amend, or revoke any part of
the motor carrier's registration under section 13905.
``(c) Regulations.--The Secretary shall by regulation establish
standards to implement subsection (b).
``(d) Definitions.--In this section, the following definitions apply:
``(1) Motor carrier.--The term `motor carrier' has the
meaning such term has under section 13102.
``(2) Officer.--The term `officer' means an owner, director,
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, and any
person, however designated, exercising controlling influence
over the operations of a motor carrier.''.
(b) Cross Reference.--Section 13902(a)(1)(B) of title 49, United
States Code, 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) Multiyear 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.''.
(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 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 who are applying for an exemption from the
physical qualification standards to have experience operating
commercial motor vehicles while using insulin in order to be exempted
from the physical qualification standards 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 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 Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $3,000,000 for each of fiscal years
2006 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) $7,000,000 for fiscal year 2006;
(2) $7,000,000 for fiscal year 2007;
(3) $8,000,000 for fiscal year 2008; and
(4) $8,000,000 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.
(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)''.
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.
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''.
SEC. 4133. INTRASTATE AND FOREIGN OPERATIONS OF INTERSTATE MOTOR
CARRIERS.
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 and safety inspection record of an owner or
operator during operations--
``(A) in interstate commerce in the United States;
``(B) in a State that affects interstate commerce in
the United States; and
``(C) in Canada or Mexico if the owner or operator
also conducts operations in the United States;
``(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.''.
SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES
AND FARM SUPPLIES.
(a) Agricultural Exemption.--Section 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 during planting and harvest
periods, as determined by each State 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 (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.''.
SEC. 4135. 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.
SEC. 4136. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part IV (Public Law 108-280),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
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. CIVIL PENALTY 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.''.
(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).
(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 duplicate or
fraudulent 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 household
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.
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.
SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS.
Section 31310(i)(2) of title 49, United States Code, is amended 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. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOSTAGE .
Section 14915 of title 49, United States Code, as added by section
4204 of this Act is amended by adding at the end the following:
``(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.''.
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 years 2004 and
2005.
(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.
SEC. 5103. FINDINGS.
Congress finds the following:
(1) Research and development are critical to developing and
maintaining a transportation system that meets the goals of
safety, 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.
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''.
(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.--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.''.
(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 2005 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.
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 carry out and
periodically update research and development called for in the
Transportation Research Board Special Report 268, entitled
`Surface Transportation Environmental Research: A Long-Term
Strategy' and published in 2002, as described in subsection
(e). 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 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) 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.
``(g) 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, recycled materials
(including taconite tailings and foundry sand), 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
$8,500,000 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 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 Education
Program.--
(1) In general.--Section 504 of title 23, United States Code,
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.
(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) Transportation Education Development Pilot Program.--Section 504
of such title is further 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 $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.''.
(g) 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.''.
(h) 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
further amended by adding at the end the following:
``(g) 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.
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;
(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.
``(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) Programmatic Evaluations.--Within 3 years after the first
research and development project grants, cooperative agreements, or
contracts are awarded under section 510 of title 23, United States
Code, the Comptroller General shall review the program under such
section, and recommend improvements. The review shall assess the degree
to which projects funded under such 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.
(c) Conforming Amendment.--The analysis for chapter 5 of such title
is further amended by adding at the end the following:
``510. Future strategic highway research program.''.
(d) 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.--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) Radio frequency identification technology.
(3) Electronic manifest systems.
(4) 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.
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 Transportation Equity Act: A Legacy for Users,
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 such title
is amended by striking the item related to section 508 and inserting
the following:
``508. Transportation research and development strategic planning.''.
SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRATEGIC HIGHWAY RESEARCH
PROGRAM.
Section 510 of title 23, United States Code, as added by section 5209
of this Act, is amended by inserting after subsection (f) the
following:
``(g) Limitation of Remedies.--
``(1) Same remedy as if united states.--The remedy against
the United States provided by 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.''.
SEC. 5215. CENTER FOR TRANSPORTATION ADVANCEMENT AND REGIONAL
DEVELOPMENT.
(a) Establishment.--The Secretary shall establish a Center for
Transportation Advancement and Regional Development to assist, through
training, education and research, in the comprehensive development of
small metropolitan and rural regional transportation systems that are
responsive to the needs of businesses and local communities.
(b) Activities.--In carrying out this section, the Center shall--
(1) provide training, information and professional resources
for small metropolitan and rural regions to pursue innovative
strategies to expand the capabilities, capacity and
effectiveness of a region's transportation network, including
activities related to freight projects, transit system
upgrades, roadways and bridges, and intermodal transfer
facilities and operations;
(2) assist local officials, rural transportation and economic
development planners, officials from State departments of
transportation and economic development, business leaders and
other stakeholders in developing public-private partnerships to
enhance their transportation systems; and
(3) promote the leveraging of regional transportation
planning with regional economic and business development
planning to assure that appropriate transportation systems are
created.
(c) Program Administration.--To carry out this section, the Secretary
shall make a grant to, or enter into a cooperative agreement or
contract with, a national association of regional economic development
and transportation professionals with a focus on small metropolitan and
rural regions.
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.
``(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 August 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; and
``(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
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.
``(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; and
``(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
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.
``(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 60 days after the date of
enactment of the Transportation Equity Act: A Legacy for Users,
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 60 days after the date of enactment of
the Transportation Equity Act: A Legacy for Users, 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.
``(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 Innovative
Technology 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 to read as
follows:
``Sec. 111. Bureau of Transportation Statistics
``(a) Establishment.--There is established in the Research and
Innovative Technology Administration a Bureau of Transportation
Statistics.
``(b) Director.--
``(1) Appointment.--The Bureau shall be headed by a Director
who shall be appointed in the competitive service by the
Secretary.
``(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.
``(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.
``(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).
``(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, 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.''.
SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION STATISTICS.
Section 111(k) of title 49, United States Code, as amended by section
5501 of this Act, is amended by inserting after paragraph (1) the
following:
``(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 proceedings.
``(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.''.
Subtitle F--Intelligent Transportation Systems Research
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the ``Intelligent Transportation
Systems Act of 2005''.
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 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 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.).
(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, 2006, 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) utilize interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts of
congestion concurrently;
(3) enhance safety through improved crash avoidance and
protection, crash and other notification, commercial motor
vehicle operations, and infrastructure-based or cooperative
safety systems; and
(4) 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. 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
(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.
SEC. 5608. 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 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. 5609. 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. 5610. 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, 2006, and each year thereafter.
SEC. 5611. 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.
SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part V (Public Law 108-310),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
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.
``(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.
``(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.--
``(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, 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 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. 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.
``(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.).
``(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.
``(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 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(a) 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
``(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.''.
(c) Existing Environmental Review Processes.--Nothing in this section
shall be deemed to affect any existing environmental review process
approved by the Secretary.
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 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).''.
SEC. 6005. INTERSTATE COMPACTS.
Section 5213(d), as inserted by section 6001(a) of this Act, is
amended by inserting after paragraph (1) the following:
``(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.
``(4) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.''.
SEC. 6006. DEVELOPMENT OF TRANSPORTATION PLAN.
Section 5213(g), as inserted by section 6001(a) of this Act, is
amended by inserting before paragraph (2) the following:
``(1) In general.--Each metropolitan planning organization
shall prepare, and update periodically, according to a schedule
that the Secretary determines to be appropriate, a
transportation plan for its metropolitan planning area in
accordance with the requirements of this subsection. 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)).
``(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.''.
SEC. 6007. INTERSTATE AGREEMENTS.
Section 5214, as inserted by section 6001(a) of this Act, is amended
by inserting after subsection (b) the following:
``(c) Interstate Agreements.--
``(1) In general.--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.
``(2) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.''.
SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION PLANNING.
Not later than 18 months after the date of enactment of this Act, the
Secretary shall issue regulations that are consistent with the
provisions of subchapter B of chapter 52 of title 49, United States
Code, that relate to the Clean Air Act.
SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVELOPMENT PROCEDURES.
Section 5252 of title 49, United States Code, as inserted by section
6001(a) of this Act, is amended by adding at the end the following:
``(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.''.
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) in paragraph (8) by striking ``national response team''
each place it appears and inserting ``National Response Team'';
(3) by redesignating paragraphs (11), (12), and (13) as
paragraphs (12), (13), and (14), respectively; and
(4) 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), respectively;
(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 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
Pipelines and Hazardous Materials Safety Administrator 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
(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--
``(A) may 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, may 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) may 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) may 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, may 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, may
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) Regulations.--
``(1) Temporary regulations.--Not later than 60 days after
the date of enactment of the Transportation Equity Act: A
Legacy for Users, the Secretary shall issue temporary
regulations to carry out subsections (c) and (d). The temporary
regulations shall expire on the date of issuance of the
regulations under paragraph (2).
``(2) Final 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)(1)(B) is amended 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 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) Independent Application of Each Standard.--Section 5125 is
amended by inserting after subsection (f), as redesignated by section
7024(a)(2) of this Act, 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) Repeal.--Section 5125 is amended--
(1) by striking subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in subsection (f) (as so redesignated) by moving
paragraph (2) (including subparagraphs (A) through (D)) 2 ems
to the left.
(b) Judicial Review.--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.''.
(c) 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 2005, $27,000,000.
``(2) For fiscal year 2006, $29,000,000.
``(3) 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 2005 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 2005 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.
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.
Purpose of the Legislation
The purpose of this bill is to authorize funds for Federal-
aid highways, highway safety, truck safety, public
transportation, transportation research, transportation
planning and project delivery, hazardous materials
transportation, and other surface transportation programs
carried out by the United States Department of Transportation,
to be financed primarily through the Federal Highway Trust
Fund.
Background and Need for the Legislation
Enactment of H.R. 3, the Transportation Equity Act: a
Legacy for Users (TEA LU), is the Committee's highest priority
this year. This legislation will set the course for highway
development, highway safety, truck safety, and public
transportation programs for the remainder of this decade. It
will also ensure the integrity of the Highway Trust Fund and
the ability of the Trust Fund to meet our nation's surface
transportation infrastructure needs. These needs are important
and they must be satisfied.
Increased investment in transportation infrastructure has
far-reaching impacts on the quality of life in our communities,
our nation's economy, and our competitiveness in the world
marketplace. Every American and every business will benefit
from such investment by experiencing shortened travel times,
increased productivity, and improved safety.
TRANSPORTATION INVESTMENT LEADS TO ECONOMIC GROWTH
Throughout our nation's history, economic growth,
prosperity, and opportunity have followed investments in the
nation's infrastructure. From the ``internal improvements'' of
the early 1800's--canals, locks, and roads--to the Interstate
Highway System of today, infrastructure investment has been our
foundation for economic growth. For example, between 1980 and
1991, almost one-fifth of the increase in productivity in the
U.S. economy was attributable to investment in highways.
Our nation's highways, transit and rail systems, pipelines,
airports, harbors, and waterways not only provide the backbone
of our economy by moving people and goods, they also employ
millions of workers and generate a significant share of total
economic output. Transportation-related goods and services
generate 10 percent of our total Gross Domestic Product.
In addition to facilitating economic growth, our
transportation system has a direct and significant impact on
the daily lives of nearly all Americans. The average household
spends 19 percent of its income on transportation, more than on
any other expense except housing, and the average person
travels 40 miles each day.
To the average American, higher Federal investment in
surface transportation infrastructure will mean:
Shorter commutes that save time, fuel, and reduce
pollution.
Better access to work, school, health care, and
recreation.
Lives saved--many of the more than 42,000 highway
fatalities each year could be prevented by building better
roads and improving the safety features of existing roads.
Safer systems to accommodate the transport of
hazardous materials, estimated at more than 1.2 million
shipments per day and an annual movement of 4 billion tons.
Despite the importance of transportation to our economy and
the quality of life in our communities, many of our nation's
transportation infrastructure needs are going unmet. This has
resulted in, among other things, an alarming increase in
congestion.
CONGESTION CRISIS
Congestion is a major national problem and is increasing.
In 1999, 167 major highway bottlenecks located in 30 states
plus the District of Columbia were identified. Using the same
methodology, the number of major bottlenecks has now grown to
more than 230. According to the Texas Transportation
Institute's 2003 Urban Mobility Study, a study of congestion in
the nation's 75 largest urban areas, traffic congestion levels
have increased in every area since 1982. Congestion now extends
to more times of the day, more roads, affects more trips, and
creates more extra travel time than in the past.
In fact, the extra time needed for rush hour travel has
tripled over the last two decades. The national average Travel
Time Index for 2001 was 1.39 (meaning a rush hour trip took 39
percent longer than a non-rush hour trip). The national average
in 1982 was only 1.13. This problem is not restricted to the
largest cities. In small urban areas (less than 50,000 in
population), this index has nearly quadrupled over these same
years, indicating that even smaller areas are not able to keep
pace with rising demand.
The cost of congestion is continuing to climb. Traffic
congestion cost motorists in the nation's 75 largest urban
areas a staggering $69.5 billion in 2001 in terms of wasted
time and fuel, $4.5 billion more than in 2000. This $69.5
billion total cost equates to an average annual cost per urban
resident--adults and children--of about $520.
Congestion negatively impacts our environment by increasing
emissions and wasting fuel. Vehicles in stop-and-go traffic
emit more pollutants--particularly carbon monoxide and volatile
organic compounds--than when operating without frequent braking
and acceleration. In addition, 5.7 billion gallons of fuel were
wasted in 2001 due to traffic congestion in cities alone. This
amount of fuel would fill 570,000 gasoline tank trucks that
would stretch from New York to Las Vegas and back again.
Perhaps most importantly, reducing highway congestion saves
lives. If modest improvements were made to improve the traffic
flow at the severe bottlenecks identified in the highway
organization study discussed above, the number and severity of
vehicle crashes would be lessened. Over the 20-year life of the
projects, such improvements would prevent more than 449,500
crashes, including some 1,750 fatalities and 220,500 injuries.
THE HIGHWAY TRUST FUND
Congress has established, over time, a series of trust
funds to collect user fees and then invest those funds on
capital improvements. The Highway Trust Fund was established in
the 1956 Highway Revenue Act to specifically link taxes on
motor fuels to funding for highways. The Highway Revenue Act
increased some of the existing user fees, established new ones,
and provided most of the revenues from these taxes would be
credited to the Highway Trust Fund. In the 1982 Surface
Transportation Assistance Act, a separate Mass Transit Account
was established in the Highway Trust Fund to receive part of
the motor fuel user fee receipts. Subsequent increases in the
user fee brought the Federal gas tax to 18.4 cents. In 1997,
the Taxpayer Relief Act redirected a 4.3-cent diversion of user
fee payments from the general fund to the Highway Trust Fund.
Currently, all Federal motor fuel user fee receipts are
deposited to the Highway Trust Fund, with 15.44 cents credited
to the Highway Account and 2.86 cents credited to the Mass
Transit Account. One of this Committee's highest priorities is
to ensure that the user fees deposited into these trust funds
are in fact used for their intended purposes--to rebuild our
nation's highway and transit infrastructure.
The Highway Trust Fund is: (1) wholly self-financed by the
users; (2) a dedicated revenue source; (3) self-supporting,
operating on a pay-as-you-go basis; and (4) deficit proof. The
Highway Trust Fund represents a contract between the government
and the user that specifies that certain user fees will be
levied on the users of highways and, in return, the government
pledges to use the receipts to build transportation
infrastructure for the taxpayer's use.
A major accomplishment of the 1998 Transportation
Efficiency Act for the 21st Century (TEA 21) was reestablishing
trust with the taxpayer by creating a budgetary mechanism to
ensure that the user fees deposited in the Highway Trust Fund
are spent for their intended purpose. Maintaining these
budgetary firewalls and spending guarantees are a top priority
for the Committee.
Section-by-Section Analysis
Sec. 1. Short Title: Table of Contents
Subsection (a) provides that the short title is the
Transportation Equity Act: A Legacy for Users.
Subsection (b) defines the ``Secretary'' as the Secretary
of Transportation.
Subsection (c) lists the table of contents.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations of Programs
Sec. 1101. Authorizations of Appropriations
Subsection (a) authorizes funds out of the Highway Trust
Fund (other than the Mass Transit Account) for the following
highway programs: Interstate Maintenance Program, National
Highway System, Bridge Program, Highway Safety Improvements
Program, Surface Transportation Program, Congestion Mitigation
and Air Quality Improvement Program, Appalachian Development
Highway System Program, Recreational Trails Program, Federal
Lands Highways Program, National Corridor Infrastructure
Improvement Program, Coordinated Border Infrastructure Program,
Projects of National and Regional Significance Program,
Construction of Ferry Boats and Ferry Terminal Facilities,
National Scenic Byways Program, Congestion Pricing Pilot
Program, Deployment of 511 Traveler Information Program, High
Priority Projects Program, Freight Intermodal Connector
Program, High Risk Rural Road Safety Improvement Program,
Highway Use Tax Evasion Program, Pedestrian and Cyclist Equity,
Dedicated Truck Lanes, Highways for LIFE Program, and
Commonwealth of Puerto Rico Program.
Subsection (b) continues the disadvantaged business
enterprise (DBE) program with minor changes. The Committee
finds there is a continuing compelling need for the DBE
program. In enacting TEA 21 in 1998, Congress compiled an
extensive record on the effects of discrimination in
transportation contracting. Much of this information remains
valid today. We agree with those courts that have observed that
evidence concerning the exclusion of disadvantaged groups
remains relevant over a considerable period of time. The
Committee has relied on the information that Congress used in
1998 in finding a continuing compelling need for the DBE
program.
The Committee has also taken notice of data about the
period between 1998 and today. The data demonstrates the
continuing need for the program, as DBEs are still not able to
compete on the same basis as other businesses. First, the
regulation, found constitutional in a series of recent court
rulings, tells recipients to set overall goals. Under the
rules, recipients may set DBE contract goals only for that
portion of the overall goal that cannot be achieved by
completely race-neutral means. Highway and transit program data
for 2000-2002 shows that the overwhelming majority of
recipients have to set DBE contract goals to achieve all or
part of their overall goals. Unfortunately, race-neutral means
alone cannot overcome the persisting effects of discrimination.
Second, in several states for which DOT has comparative
2002 data, participation by minority- and women-owned
businesses in state-funded highway contracts to which no
contract goals applied fell well short both of DBE overall
goals and DBE participation in federally-assisted contracts. If
states are to ensure equal opportunity for DBEs, contract goal
programs remain essential. Third, DOT provided 15 detailed
studies from states and cities that found disparities between
the availability and utilization of minority- and women-owned
businesses in government contracting. The courts agree that it
is fair to make an inference of discriminatory exclusion from
such disparities.
Sec. 1102. Obligation ceiling
This section provides the obligation limitation for the
federal-aid highway and highway safety construction programs.
Subsection (b) addresses the exemptions to the obligation
limitation. Paragraphs 1-8 in this subsection are identical to
TEA 21. Paragraph (9) is added to address three year obligation
authority (OA) made available under TEA 21 for research
programs and ``no-year'' OA made available for certain programs
and projects under TEA 21 or in subsequent appropriations acts.
Subsections (c), (d), (e), (f), (g), (h), and (i) address how
the obligation authority is distributed, the redistribution of
unused obligation authority, and the limitation on obligations
for administrative expenses are virtually identical to TEA 21.
Sec. 1103. Apportionments
This section makes changes to the process by which
apportionments are made pursuant to Section 104 of Title 23.
Subsection (a) of this section amends the way administrative
expenses for FHWA and FMCSA are provided. These expenses were
formerly funded as a takedown and are now a specific authorized
amount.
Subsection (b) of this section changes the set-aside amount
for the Alaska Highway and the set-asides for the U.S.
Territories under the National Highway System program
apportionment formula.
Subsection (c) of this section requires the report mandated
by Section 104(j) of Title 23 be available on the Internet.
Subsection (d) of this section makes a conforming amendment
to the metropolitan planning set-aside formula to reflect the
fact that administrative expenses are no longer funded as a
takedown.
Subsection (e) of this section updates the reference for
the Puerto Rico Highway program, replacing the TEA 21 reference
with a TEA LU reference.
Sec. 1104. Minimum guarantee
Sec. 1105. Project approval and oversight
This section amends the Financial Plan portion of section
106 of title 23 requiring states with a project that costs $500
million or more to submit an annual financial plan.
Sec 1106. Use of excess funds
This section allows states to audit projects funded with
apportionments under sections 104 and 144 of title 23 to
determine whether there are excess project funds. If the audit
reveals that there are excess funds, the state may develop a
plan for spending the apportionment for the design or
construction of other similar eligible projects. The state must
certify to the Secretary that an audit was conducted and has
developed a plan. Excess funds used to carry out a project
under this section are subject to the requirements of this
title that are applicable to the program for which the funds
were originally apportioned.
Sec. 1107. Temporary traffic control devices
This section amends Section 109(e) of Title 23 and Section
112 of Title 23 to require that contracts for federally funded
highway construction projects include costs for appropriate
safety measures. The amendment to Section 109 requires that
temporary traffic control devices be installed and maintained
during construction and maintenance projects in order to
provide protection for construction workers. The amendment to
Section 112 requires the Secretary to issue regulations
establishing the conditions for and the appropriate use of
federal funds for uniformed law enforcement officers, positive
protective measures between traffic and workers, and
installation of temporary traffic control devices during
construction and maintenance projects.
Sec. 1108. Revenue aligned budget authority
This section continues the revenue aligned budget
authority, but in a way that ensures greater stability in
program funding level adjustments.
Sec. 1109. Emergency relief
This section authorizes additional amounts for this program
above the $100 million per year to be derived from the General
Fund. It is the Committee's intent that if there is the need
for additional funds over and above the annually authorized
level of $100 million that those funds be appropriated from the
General Fund.
Sec. 1110. Surface transportation program
This section continues the requirement in Section 133(f)(1)
of Title 23 that States suballocate a portion of their Surface
Transportation Program funds to urbanized areas with over
200,000 individuals.
Sec. 1111. Highway use tax evasion projects
This section continues the existing program to combat
highway use tax evasion and makes changes designed to reduce
tax evasion and increase receipts into the Highway Trust Fund.
The Highway Use Tax Evasion program supports State and
Federal efforts to enhance motor fuel tax enforcement. To make
the program more effective, this provision would amend section
143 of title 23 to: (1) dedicate funding for intergovernmental
enforcement efforts; (2) allow projects for identification of
tax evasion in the area of foreign imported fuel; (3) assist
States and Indian Tribes in addressing issues related to the
collection of State motor fuel taxes; and (4) provide for
annual reporting on examinations, criminal investigations, and
audits by the States and the Internal Revenue Service (IRS).
Sec. 1112. Appalachian Development Highway System
This section directs the Secretary to apportion funds made
available for the Appalachian Development Highway System (ADHS)
among the states on the basis of the estimated cost to complete
the system. It specifies that such funds are subject to title
23 requirements and are available to construct ADHS highways
and access roads. It also prohibits the use of toll revenues as
non-federal match for the construction, improvement, and
maintenance of highways, bridges, or tunnels.
Sec. 1113. Construction of ferry boats and ferry terminal facilities
Subsections (a) and (b) codify the existing Ferry Boat
Discretionary Program authorized in Section 1064 of ISTEA.
Subsection (c) requires the Secretary to establish a national
ferry database. It is the Committee's intent that the
information collected and maintained in this database will be
used as part of the decision making process for funding
allocations under this program.
Sec. 1114. Interstate maintenance discretionary
This section eliminates the Interstate Maintenance
Discretionary program in Section 118 of Title 23. The Committee
does not intend to have any changes to this program affect any
projects that have already been funded under this program.
Sec. 1115. Highway bridge
Subsection (a) retains the principles for applications for
and approval of Federal assistance for bridge replacement or
rehabilitation allowed in current law. It also includes
additional language to allow Federal participation in
preventive maintenance on a bridge, as well as, installing
scour countermeasures to a bridge.
Subsection (b) continues the discretionary bridge program
and subsection (c) changes the lower bound for the off-system
set-aside from 15 percent to 20 percent.
Sec. 1116. Transportation and community and system preservation program
This section reauthorizes the program for fiscal years 2004
through 2009. It prohibits funds made available for this
program from being transferred to other programs, and
establishes the Federal cost share for projects carried out
under this program in accordance with section 120(b) of title
23. Subsection (c) establishes a pilot program to support
transportation planning and public participation in decision
making.
Sec. 1117. Deployment of magnetic levitation transportation projects
This section details the funding and eligibility
requirements for constructing fixed guideway infrastructure, as
well as the related components necessary for the construction,
but not including costs incurred for a new station. Eligible
projects under this section must involve a segment or segments
of high speed ground transportation corridor, result in an
operating transportation facility that provides a revenue-
producing service and be approved by the Secretary. It is the
Committee's intent for this program to be administered as a new
program and not the continuation of any previously authorized
program.
Sec. 1118. Recreational trails
This section makes various improvements to the recreational
trails program established in section 206 of title 23, U.S.
Code.
Subsection (a) amends 23 U.S.C. 104(h) to permit the use of
administrative funds for training and deletes reference to the
National Recreational Trails Advisory Committee.
Subsection (b) amends 23 U.S.C. 206(d)(2) regarding
permissible uses of funds to include assessment of trail
conditions and to clarify that new trails on Federal lands must
be recommended in a statewide comprehensive outdoor recreation
plan.
Subsection (c) strikes 23 U.S.C. 206(b)(3)(C), which
permits States to waive requirements regarding distribution of
funds for various types of projects.
Subsection (d) amends 23 U.S.C. 206(f) to provide that the
Federal share for recreational trails projects shall be
determined in accordance with section 120(b) of title 23 and
allows recreational trails funds to be used toward the Federal
share of certain other Federal programs.
Subsection (e) amends 23 U.S.C. 206(h)(1) to provide that
pre-approval planning and environmental compliance costs can be
credited toward the non-Federal share of a project.
Subsection (f) directs the Secretary to encourage the
States to use qualified youth conservation or service corps to
complete trail projects.
Sec. 1119. Federal lands highways
Subsection (a) amends the contracting provisions of the
Indian reservation roads program in section 202(d)(3) of title
23. This section was added to the United States Code in TEA 21.
The Committee felt at that time that the congressional intent
with regard to tribal contracting authority was clear.
Unfortunately, the Committee now believes the full intent of
the TEA 21 amendments has not been fulfilled. This subsection
aims to clarify the intent of the Committee on this important
point for the Indian tribes.
The Committee is aware that certain tribes currently
possess the ability to carry out themselves, or contract
directly with outside providers, highway, bridge, and transit
projects that are located on Indian reservations or that
provide access to the reservations, including planning,
research, engineering, and construction activities relating to
such projects. Other tribes are developing their ability to
perform those functions.
This amendment to section 202(d)(3) of title 23 is intended
to empower Indian tribes that have the ability and interest to
carry out the activities in-house or to contract directly with
outside providers for the activities consistent with the Indian
Self-Determination and Education Assistance Act. It allows
tribes to choose, on a project-by-project basis, those
activities that they want to perform themselves or to contract
directly with outside providers. At the same time, existing
capabilities within the Bureau of Indian Affairs are retained
to support tribes that do not have such ability or interest. It
directs that funds be paid directly by the Federal Highway
Administration (FHWA) to the Indian tribal government when a
tribe carries out, or contracts directly with outside providers
for, a planning, research, engineering, or construction
activity relating to a highway, bridge, or transit project
located on an Indian reservation or that provides access to the
reservation. Furthermore, it directs FHWA to determine the
amount of funds for such activity and project that is to be
received by the Indian tribe according to the funding formula
established under section 202(d) of title 23, without deducting
from it any non-project-related administrative take-down or
project management costs imposed by the Bureau of Indian
Affairs or the Department of the Interior.
Sec. 1120. Conservation measures
This section makes changes to the Refuge Roads program and
the Forest Roads program to clarify eligibility for activities
that protect wildlife. This section also authorizes a study on
reducing wildlife-vehicle collisions.
Sec.1121. Pedestrian and cyclist equity
This section establishes two new programs--a Safe Routes to
School Program and a Nonmotorized Transportation Pilot Program.
Subsection (a) establishes a Safe Routes to School Program
for the benefit of children in primary and middle schools. The
purposes of the program are to enable and encourage children,
including those with disabilities, to walk and bicycle to
school; 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 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.
Funding is made available by formula to state departments
of transportation on the basis of student enrollment in primary
and middle schools. No state will receive less than $2 million
annually. Funds will be used by the state to provide financial
assistance to state, local and regional agencies, including
nonprofit organizations, which demonstrate an ability to meet
the requirements of this section.
The program funds two distinct types of projects:
infrastructure projects and non-infrastructure related
activities. States should be encouraged to create competitive
application forms, criteria, and evaluations that are
appropriate for the two different types of projects.
The creation of a state level safe routes to school
coordinator position provides a central point of contact for
the program. Funding for the state level safe routes to school
coordinator position is not included in the 10 to 30 percent of
funds required to be used for non-infrastructure related
activities under this subsection. The state coordinator's
position is to be funded from the balance of the state's safe
routes to school funds.
The safe routes to school clearinghouse provides an
important opportunity to insure successful implementation of
the program. As a new program, states will be interested in
guidance on implementing the program effectively and
efficiently. The clearinghouse can provide case studies, gather
and disseminate information, track implementation, and monitor
the program.
Given the broad scope of safe routes to school activities,
the Committee acknowledges the need to include a broad range of
agencies and organizations in the Task Force authorized by this
section. In addition to representatives from federal agencies,
additional task force members could include representatives
from state and local agencies as well as relevant non-profit
organizations and associations including organizations or
associations that represent automobile drivers.
Subsection (b) establishes a Nonmotorized Transportation
Pilot Program to construct a network of nonmotorized
transportation infrastructure facilities in four communities to
demonstrate the extent to which bicycling and walking can carry
a significant part of the transportation load. This program is
designed to develop the statistical information necessary to
properly evaluate the impact of investments in nonmotorized
travel and increases in pedestrian and bicycle trips on
congestion, energy usage, clean air and public health. It
recognizes that only complete, comprehensive and connected
networks of nonmotorized transportation facilities will provide
the opportunity for the pedestrian and bicycle usage needed for
the measurement of impacts.
In making grants, the Secretary may select public agencies
that are suitably equipped and organized to carry out the
requirements of this subsection. An agency that receives a
grant under this subsection may work with and provide grant
funds to a nonprofit organization to assist in carrying out the
program.
Sec. 1122. National commissions
This section establishes two commissions, one to study
future revenue sources to support the Highway Trust Fund and
another to study the future of the Interstate Highway System.
Both commissions are established using the same criteria for
the selection of the members. This section also amends section
101 of title 23 to include a declaration of policy regarding
the study of the Interstate Highway System.
The Commission on Future Revenue Sources to Support the
Highway Trust Fund will study alternative short-term sources of
revenue for the Highway Trust Fund, as well as evaluating
alternative long-term sources of revenue to support the Highway
Trust Fund. When studying the long-term sources, the Commission
is directed to consider the findings, conclusions, and
recommendations of a recent study completed by the
Transportation Research Board of the National Academy of
Sciences on alternatives to the user fee to support highway
financing.
The Commission is directed to develop ways to generate
revenues to accomplish the requirements of section 1125;
oversee a comprehensive investigation of alternatives to
replace the user fee as the principal source of revenue for the
Highway Trust Fund; consult with the Secretaries of
Transportation and Treasury to ensure that their views
concerning essential revenue alternatives are understood;
consider State transportation agencies views on alternative
revenue sources for the Highway Trust Fund; and make specific
recommendations regarding their findings and necessary actions
to Congress.
When considering alternative sources of revenue, the
Commission shall address the advantages or disadvantages of
alternative revenue sources and identify the most promising
revenue sources to support long-term financing requirements.
The Commission shall also establish a time frame for which the
necessary actions must be taken and a broad transition strategy
to move from the current user fee base to new funding
mechanisms, including the time frame for the transition
strategy.
Not later than September 30, 2005, the Commission shall
transmit to Congress a report on revenues to support actions
necessary to meet the requirements of section 1125. The
Commission has until September 30, 2006 to transmit to Congress
a report on the alternative long-term sources of revenue for
the Highway Trust Fund.
The Commission on the Future of the Interstate Highway
System will study the current condition and future of the
Dwight D. Eisenhower National System of Interstate and Defense
Highways (the ``Interstate System''). The study will include a
conceptual plan with alternative approaches for the future of
the Interstate System and will assure that the Interstate
System will continue to serve its National needs.
The Commission is directed to consider the views of State
transportation agencies and make specific recommendations
regarding design standards, Federal policies, and legislative
changes that must be made to assure that national interests in
meeting future needs are addressed.
When conducting the study, the Commission is specifically
directed to address all issues that could impact the Interstate
system including, demographics; usage; natural disasters;
design standards; system-wide needs; potential expansion,
upgrades, or other changes; community values; environmental
issues; and system performance.
The Commission has until September 30, 2006 to transmit to
Congress a report on the results of the study.
Sec. 1123. Adjustments for the Surface Transportation Extension Act of
2004, PART V
This section is reserved for instructions on how to
reconcile adjustments made in the Surface Transportation
Extension Act of 2004 with this Act, Part V.
Sec. 1124. Roadway safety
Subsection (a) directs the Secretary to enter into an
agreement with an organization to develop a public service
campaign to educate transportation officials, public safety
officials, and motorists regarding the extent to which road
hazards and design features are a factor in motor vehicle
crashes.
Subsection (b) directs the Secretary to make grants to an
organization to operate a national bicycle and pedestrian
clearinghouse, to disseminate techniques and strategies for
improving bicycle and pedestrian safety, and to develop
information and educational programs related to pedestrian
activities and cycling.
Sec. 1125. Equity requirement
This section establishes a requirement that a law be
enacted prior to FY 2006 that increases the minimum guarantee
rate of return to 95 percent by FY 2009. Subsection (a) states
that a law must be enacted that increases the guaranteed rate
of return 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. The law that increases the rate of
return must also ensure that all states receive an increase in
formula funds from year to year. The increase can either be
derived from the minimum guaranteed rate of return or from the
state's prior year apportioned highway funds adjusted for
inflation using the consumer price index.
If the law referenced above is not enacted by September 30,
2005 no funds may be apportioned for any of the following
programs: the National Highway System program, high priority
program, the Interstate maintenance program, the surface
transportation program, the Metropolitan Planning program, the
highway bridge replacement and rehabilitation program, the
congestion mitigation and air quality improvement program, the
recreation trails program, the Appalachian development highway
system, the freight intermodal connectors program, the
coordinated border infrastructure program, the high risk rural
road safety improvement program, the safe routes to schools
program, and the minimum guarantee program.
Subtitle B--Congestion Relief
Sec. 1201. Motor vehicle congestion relief
This section adds a new Section 139 to title 23 of the U.S.
Code. Section 1201 would require each State with an urbanized
area population over 200,000 to obligate a portion of its
formula funds to target congestion in those areas of the State.
The amount to be obligated in each State is determined by
multiplying the total amount apportioned to each State under
Sections 104(b)(1), (2), (3) and (4) of title 23 by 10 percent
and by the percentage of the State population residing in
urbanized areas over 200,000.
Under-one activities--40 percent of the funds will be
obligated for congestion relief activities that will be
complete within one year after the date of commencement of
onsite improvements and has a project cost of less than $1
million.
Under-three activities--35 percent of the funds will be
obligated for congestion relief activities that will be
complete within three years after the date of commencement of
onsite improvements.
Twenty-five percent of the funds will be obligated by a
State for one or more of the following: under-one, under-three,
eligible capital costs under Chapter 53 of Title 49, or
qualified demand relief projects and activities.
States are not required to obligate proportional or equal
amounts of their Section 104(b)(1), (2), (3) and (4) funds.
Section 1201 does not change the eligibility of projects under
Section 104. States may transfer amounts for under-one
activities to under-three if the State certifies to the
Secretary it has no under-one congestion relief activities.
Congestion relief activities include additional capacity,
improvements to interchanges, construction of parallel roads,
construction of truck only lanes, operational improvements, and
through programs that use existing capacity more efficiently
such as reversible lanes or lane management strategies.
Sec. 1202. Transportation systems management and operations
Section 1202 broadens the definition of Operational Costs
for Traffic Monitoring, Management and Control in Section
101(a)(17) of title 23 to include transportation systems
management and operations. It also broadens the definition of
Operational Improvements in Section 101(a)(18)(A)(i) to include
equipment and programs for transportation response to natural
disasters.
Section 1202 also adds a new definition (39) Transportation
Systems Management and Operations to Section 101(a) of Title
23. The term covers regional operations collaboration and
coordination between transportation and public safety agencies
to optimize the performance of existing transportation
infrastructure and to improve the safety, security, and
reliability of federal-aid highways through such activities and
programs as highway and traffic demand management, emergency
and traffic incident management, roadway weather management,
traveler information services, traffic signal control, freight
management, and intermodal coordination.
Communications equipment is central to traffic incident
management. Integrated, interoperable, emergency communications
equipment should be part of TSMO for congestion relief.
Section 1202 also adds a new section 166 to Title 23 called
Transportation Systems Management and Operations. This section
gives the Secretary authority to develop and execute a
comprehensive TSMO policy in coordination with other Federal
departments and agencies, State and local governments, and
other interested parties.
This section also authorizes a study on Intelligent
Transportation System procurement policy.
Sec. 1203. Real-time system management information program
This section requires the Secretary to establish a program
that provides to all States the capability to monitor, in real-
time, the traffic and travel conditions of the nation's major
highways and to share the information with other States, local
governments, and the traveling public.
The Secretary is required to establish a steering committee
to provide guidance regarding the content and uniformity of
data exchange formats to ensure that data can be shared.
With approval from the Secretary, States may obligate
certain formula funds for activities related to the planning
and deployment of this program.
Sec. 1204. Expedited national intelligent transportation systems
deployment
Section 1204 requires the Secretary to 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.
The Secretary may make grants for projects that improve
efficiency, promote safety, reduce emissions of air pollutants,
improve traveler information, and build on existing intelligent
transportation system projects and other projects.
Sec. 1205. Intelligent transportation systems (ITS) deployment
Section 1205 adds a new section 150 to title 23 that
requires States to obligate a portion of their formula funds
for the deployment of ITS systems in the State. The amount that
each State shall spend is determined by multiplying
$500,000,000 by the ratio that a state's total funds
apportioned under section 104(b)(1), (b)(2), (b)(3) and (b)(4)
of title 23 bears to the total amount apportioned to all States
for such fiscal year.
Funds must be obligated for ITS projects such as
improvements to the performance of a system like incident
management, projects that provide for networks to link
metropolitan and rural surface transportation systems,
improvements to highway safety, operation and management,
interagency support between transportation agencies, police,
medical services and others, and planning.
States are not required to obligate proportional or equal
amounts of their Section 104(b)(1), (2), (3) and (4) funds.
Section 1201 does not change the eligibility of projects under
Section 104.
Sec. 1206. Environmental review of activities that support deployment
of intelligent transportation systems (ITS)
This section requires the Secretary to conduct a rulemaking
within one year to establish categorical exclusions, to the
extent appropriate, for activities that support the deployment
of ITS from the requirement that an environmental assessment or
an environmental impact statement be prepared under NEPA, in
compliance with the standards for categorical exclusions
established by NEPA.
The Secretary shall also develop a nationwide programmatic
agreement governing the review of activities that support ITS
deployment in accordance with the National Historic
Preservation Act. The agreement will be developed in
consultation with the National Conference of State Historic
Preservation Officers and the Advisory Council on Historic
Preservation.
Sec. 1207. State assumption of responsibility for certain programs and
projects
This section provides the Secretary the authority to
conduct a pilot program for up to five states to assume the
responsibilities of the Secretary for projects funded under
Section 104(h), transportation enhancement activities under
Section 133, as defined in Section 101(a)(35), and projects
defined in Section 101(a)(38) of title 23, and Section 5607 of
TEA LU.
Sec. 1208. HOV facilities
This section adds a new section 168 to title 23 that
authorizes the use of High Occupancy Vehicle lanes. Subsection
(a) of the proposed section 168 in title 23 allows a state
agency to establish the occupancy requirements of vehicles
operating on an HOV facility except that no fewer than 2
occupants per vehicle may be required for use of a HOV
facility.
This section also provides the exemptions for the HOV
occupancy requirements including motorcycles, bicycles, public
transportation vehicles, and High Occupancy Toll (HOT) vehicles
and low emission and energy-efficient vehicles.
For HOT lanes the state agency must charge operators of
vehicles with less than the established occupancy requirements
a fee. The agency must also establish a program that addresses
how motorists can enroll and participate in the toll program,
automatically collects tolls, and establishes policies and
procedures to manage demand by varying the toll, enforce
violations, and permit low-income drivers to pay a reduced
toll.
For inherently low emission vehicles, a state may allow the
use of HOV lanes even if the occupancy requirements are not met
so long as the vehicles are certified pursuant to section
88.311-93 of title 40, Code of Federal Regulations. The state
agency may also allow other low emission and energy efficient
vehicles to pay a toll to use HOV lanes even if the occupancy
requirements are not met if those vehicles meet the
certification requirements that the EPA is directed to develop
in subsection (e). The toll amount charged to low emission
vehicles not certified pursuant to the CFR and other energy
efficient vehicles may be less than other HOT lane vehicles, or
the toll may be zero.
This section also sets requirements applicable to tolls on
HOV lanes. This subsection verifies that HOV facilities on the
Interstate can be tolled pursuant to the provisions of this
section. The subsection also states that the state agency must
first use the toll revenue to repay debt and provide a
reasonable rate of return on investments and then must give
priority consideration to projects for developing alternatives
to single occupancy vehicle travel and projects for improving
highway safety, including projects that improve safety by
providing increased capacity.
This section addresses HOV facility management, operation,
monitoring and enforcement. If a state agency allows single
occupancy HOV vehicles to use the facility it must ensure that
vehicles maintain a minimum operating speed 90 percent of the
time over a 6-month period during weekday peak travel periods.
Sec. 1209. Congestion pricing pilot program
This section amends the congestion pricing pilot program
established under the Intermodal Surface Transportation Equity
Act of 1991 to expand the authority to conduct such projects to
all States, although the number of congestion pricing pilot
projects is limited to 25. The limit of 25 projects includes
all projects previously approved under this section (prior to
the enactment of TEA LU) that collect tolls. This section also
requires that any congestion pricing toll programs include a
program for low-income drivers to pay a reduced toll. This
section also sets aside $3 million a year for congestion
pricing programs that do not include tolls.
Sec. 1210. Congestion mitigation and air quality improvement program
eligibility
This section clarifies that transportation system
management and operations are an eligible activity under this
program.
Sec. 1211. Special rules for state assumption of responsibilites
This section refers to certain rules for the pilot program
established in Section 1207.
Sec. 1212. Opening of interstate ramps
This section provides for opening a ramp connecting I-495
and Arena Drive in the State of Maryland.
Subtitle C--Mobiility and Efficiency
Sec. 1301. National corridor infrastructure improvement program
This section directs the Secretary to establish and
implement a program to allocate funding to States for highway
construction projects in corridors of national significance. A
State must submit applications to the Secretary for funds.
The Secretary shall give priority to corridor projects that
are part of, or will be designated as part of, the Dwight D.
Eisenhower National System of Interstate and Defense highways
and to any project that will be complete in five years. The
Secretary shall consider such factors as mobility, economic
growth, linking two existing segments of Interstate, commercial
vehicle traffic due to NAFTA, reduction of travel time, value
of the cargo traveling through the corridor, economic costs,
and the financing associated with the project.
Sec. 1302. Coordinated border infrastructure program
This section establishes a new formula program for border
infrastructure projects. The Secretary apportions funds to the
States based upon several factors: incoming commercial trucks
passing through land border ports of entry; the number of
incoming personal motor vehicles and buses passing through the
land border ports of entry; the weight of incoming cargo by
commercial trucks passing through such ports of entry; and the
number of land border ports of entry.
Definitions--``Border region'' means any portion of a
border State within 20 miles in an international land border
with Canada or Mexico. ``Border State'' means any State that
has an international land border with Canada or Mexico.
``Commercial Truck'' means a commercial motor vehicle as
defined in section 31301(4) (other than subparagraph (B)) of
title 49, U.S.C.
Sec. 1303. Freight intermodal connectors
This section establishes a new formula program for freight
intermodal connectors. The Secretary shall apportion funds to
States based upon the number of freight intermodal connectors;
a State's annual contribution to the Highway Trust Fund; total
lane miles of principle arterial routes; total vehicle miles
traveled on lanes on principle arterial routes; total diesel
fuel used on highways; total lane miles on principle arterial
highways divided by population.
The purpose of the program is to improve the movement of
freight and mitigate the impact of congestion. Eligible
projects include construction of and improvements to publicly
owned freight intermodal connectors and operational
improvements. States shall give priority to connectors to the
National Highway System.
States that do not have any freight intermodal connectors
or whose connectors are in good condition may use the
apportioned funds for projects eligible under the National
Highway System (Section 103(b)(6) of title 23).
Sec. 1304. Projects of national and regional significance
This section establishes a program to finance critical,
high-cost transportation infrastructure that address critical
national economic and transportation needs. These projects of
national and regional significance will 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 by increasing economic productivity,
facilitating international trade, relieving transportation
congestion, and enhancing transportation safety.
The program will fund the construction of high-cost surface
transportation projects, including freight railroad projects
eligible under Title 23. To be eligible for assistance under
this program, eligible project costs must equal or exceed the
lesser of$500 million or 75 percent of the State's highway
apportionment for the prior fiscal year. The Secretary of
Transportation will conduct a national solicitation for applications
for projects of national and regional significance and award grants on
a competitive basis. The program creates a rigorous review process for
project applicants similar to the Federal Transit Administration's
review process for transit new start projects.
Sec. 1305. Dedicated truck lanes
This section directs the Secretary to establish a pilot
program to allocate funds to States for the construction of
projects that separate commercial truck traffic from other
motor vehicle traffic. Priority will be given to projects that
provide additional capacity. The Secretary will also consider
the following factors: improvement to the safe and efficient
movement of freight; the extent to which trucks are separated
from other traffic; the connectivity of the project to the NHS
or the Interstate; if the project removes trucks from surface
streets; reductions in travel time; and the extent to which
federal funds are leveraged.
Sec. 1306. Truck parking facilities
This section establishes a pilot program in cooperation
with appropriate State, regional, and local governments to
address the shortage of long-term parking for commercial motor
vehicles on the National Highway System.
This section allows State, regional, and local governments
to address the safety problem of fatigued drivers through a
pilot program designed to allow for the creation of new rest
stops, as stated in section 120(c) of title 23, addition of new
commercial motor vehicle parking facilities adjacent to
commercial truck stops or travel plazas, or opening existing
weigh stations or park-and-ride facilities to commercial motor
vehicle parking. Pilot programs may also include using
intelligent transportation systems, or other means, to promote
the availability of public or privately available parking
facilities.
The Committee developed this pilot project after working
closely with the Administration, industry, State safety and
construction agencies, and truck plaza and rest stop operators.
It is the Committee's intent that the projects funded from this
pilot program only address adding parking facilities in
corridors with an identified truck parking shortage. This pilot
program is not intended to compete with local businesses or
commercial enterprises.
Not later than five years after the enactment of this bill,
the Secretary shall transmit a report on the results of the
pilot programs developed under this section.
Subtitle D--Highway Safety
Sec. 1401. Highway safety improvement program
This section amends title 23 by eliminating the requirement
that States set aside 10 percent of their section 133, Surface
Transportation Program, funds to carry out section 130 of Title
23, the Railway-Highway Crossing program and section 152, the
Hazard Elimination program. This section also establishes a
separate funding authorization for a combined section 130 and
152 called Highway Safety Improvement Program. However, the
authorizing language for the two programs still resides in
Section 130 and Section 152.
In subsection (a) the definition of Safety Improvement
Project as used in Section 101(a)(30) of title 23 is expanded
to include the installation of fluorescent, yellow-green signs
at pedestrian or bicycle crossings or school zones.
Subsection (b) amends title 23 to move the set-aside for
Operation Lifesaver from the apportionment under the Surface
Transportation Program to the apportionment for Section 130. It
also increases the amount for this program from $500,000 to
$600,000.
Subsection (c) increases the amount of the set-aside for
hazard elimination in high-speed rail corridors designated
under 104(d)(2) of title 23 and for the Minneapolis/St. Paul--
Chicago segment of the Midwest High-Speed Rail Corridor. The
subsection also adds the Northern New England High Speed Rail
Corridor and expands the South Central Corridor to section
104(d)(2) of title 23.
Subsection (d) adds a special rule to allow States to use
funds for protective devices on other section 130 activities if
the State demonstrates to the Secretary that it has met the
needs in such State for protective devices. The apportionment
formula for rail highway crossings is amended to distribute
funds 50 percent based on the STP formula and 50 percent based
on the number of rail highway crossings. Each state shall
receive at least a minimum of one half of one percent. The
federal share will be 90 percent. States will be required to
report to Congress every two years and can use up to two
percent of their funds for analysis and data collection.
Subsection (e) makes technical changes.
Subsection (f) amends section 152 (a)(1) of title 23 to
include in the state survey dangers to the disabled from
hazardous road conditions. It also includes a requirement that
States identify the roadway safety improvements for hazardous
locations. It also adds four new activities for which the funds
can be used. The Secretary will use the STP apportionment
formula to apportion funds to the States for the Hazard
Elimination program. Each State shall receive at least one half
of one percent from funds apportioned to the States. The
federal share will be 90 percent. The Secretary is required to
report to Congress every two years the results of this program,
including projects completed, the effectiveness of the
projects, adequacy of funding and recommendation of
improvements to the program.
Subsection (g) makes the amendments in subsection (d), (e)
and (f) effective September 30, 2005 since there is no funding
for the new Highway Safety Improvement Program in fiscal year
2005.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic
The Secretary shall, within one year, issue regulations
requiring workers whose duties place them in close proximity to
a Federal-aid highway to wear high visibility garments.
Sec. 1403. High risk rural road safety improvement program
The Secretary shall establish and implement a program to
improve safety on rural major or minor collector or rural local
roads. Funds will be apportioned to States based on public road
lane mileage, population in other than urbanized areas, and
vehicle miles traveled on public roads. States will allocate
apportioned funds to projects that have the highest benefits to
highway safety. Funds can only be used for construction and
operational improvements on high-risk rural roads.
Sec. 1404. Transfers of apportionments to safety programs
Subsection (a) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (2),
and (3) of title 23 to section 402 of title 23 in an amount
equivalent to three percent of what was apportioned to states
in fiscal year 2003. This transfer is required when States fail
to comply with section 153(a)(2) of title 23 (seatbelt use in
the front seat). It also caps the amount of obligation
authority the Secretary is required to transfer with the
apportionment in the preceding sentence.
Subsection (b) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (3),
and (4) of title 23 to section 402 of title 23 in an amount
equivalent to three percent of what was apportioned to states
in fiscal year 2003. This transfer is required when States fail
to comply with section 154(b) of title 23 (open container
laws). It also caps the amount of obligation authority the
secretary is required to transfer with the apportionment in the
preceding sentence.
Subsection (c) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (3),
and (4) of title 23 to section 402 of title 23 in an amount
equivalent to 3 percent of what was apportioned to states in
fiscal year 2003. The funds are to be used to carry out section
164(b)(1)(A) or (B). This transfer is required when States fail
to enact or enforce a repeat intoxicated driver law. It also
caps the amount of obligation authority the secretary is
required to transfer with the apportionment in the preceding
sentence.
Sec. 1405. Safety incentive grants for use of seat belts
This section authorizes $112,000,000 for each of fiscal
years 2004 and 2005 for grants to states that have met certain
requirements with regards to seatbelts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
Subsection (a) codifies the penalty against states for not
enacting and enforcing a 0.08 drunk driving law. This penalty
was originally enacted in the 2001 DOT appropriations bill.
Subsection (b) authorizes $110,000,000 for each of fiscal
years 2004 and 2005 for grants to states that have enacted 0.08
laws.
Subsection (c) repeals the appropriations language that
enacted the penalty in 2001.
Sec. 1407. Repeat offenders for driving while intoxicated
This section amends Section 164(a)(5)(A) of title 23 by
adding an alternative penalty that a person who is a repeat
offender can receive for a violation: a 45 day suspension of
driving privileges followed by a reinstatement of limited
driving privileges to get to work, school or alcohol treatment
programs if an ignition interlock device is installed on each
motor vehicle owned or operated, or both, by the individual.
Sec. 1408. Repair and replacement of highway features on national
highway system
This section instructs the Secretary to conduct a
rulemaking to determine the standards to which a State should
replace or repair damaged highway features after they have been
damaged.
Subtitle E--Construction and Contract Efficiencies
Sec. 1501. Design-build
Subsection (a) amends section 112 of title 23 with the
intent of clarifying and improving the design-build authority
provided. During the rulemaking process for the design-build
regulation required by section 1307 of TEA 21, which also
amended 23 U.S.C. 112, FHWA received several comments regarding
the restrictive nature of the ``qualified project'' definition
with respect to the project cost threshold. Approximately 85
percent of the design-build projects that have been evaluated
under the FHWA experimental contracting program (Special
Experimental Project No. 14 (SEP-14)--Innovative Contracting)
are too small to meet the definition of ``qualified project.''
Based on the Haw's experience with design-build projects under
SEP-14, there is no need to limit design-build projects to
those costing more than $5 million in the case of a project
that involves installation of an intelligent transportation
system and to those costing more than $50 million in the case
of any other project.
Subsection (b) similarly amends section 112 of title 23
making clear the parameters of the authority for the use of
project evaluation criteria. The subsection also makes clear
that this amendment does not disturb any other authority that
the Secretary has under current law or that is being carried
out by the Secretary as of the date of enactment.
Sec. 1502. Warranty highway construction project pilot program
The Committee is aware that highway projects constructed of
advanced materials, and often utilizing innovative techniques
that also contain warranties of the constructed project's
expected performance can, over the life of the project mean
less cost to the state for maintenance, reconstruction and
rehabilitation, than a similar project not utilizing advanced
techniques and materials and not containing a warranty.
This pilot program is meant to take the experience of
states already utilizing warranty bid regimes and conduct a
pilot within the federal-aid program. The Committee expects
that the projects built under this authority will cost less
over their life to the taxpayer than non-warranted projects.
Sec. 1503. Private investment study
This section authorizes the National Academy of Sciences to
conduct a study to evaluate private investment in surface
transportation infrastructure.
Sec. 1504. Highways for life pilot program
The Committee intends with this pilot program to
incentivize the use of innovative technologies and practices in
the construction of highways and bridges. The Committee expects
that safe, efficient highways and bridges can be built faster,
and with greater durability, if innovative practices and
technologies are utilized. This pilot authorizes the Secretary
to allocate funds for projects deemed to satisfy the
requirements of the project. The selection criteria are
designed to identify projects that employ material and
technique innovations which will produce more quickly
constructed, longer lasting, high-quality and cost-effective
projects.
Subtitle F--Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act
This section makes programmatic changes to the TIFIA
program.
Subsection (a) makes technical changes to the definitions
in Section 181 of title 23.
Subsection (b) amends Section 182 of title 23 to clarify
the requirements regarding statewide and metropolitan planning.
This subsection also decreases the minimum eligible project
costs to $50,000,000 and to $15,000,000 for ITS projects.
Subsection (c) makes technical changes to the project
selection process in section 182 of title 23.
Subsection (d) makes technical changes to Section 183 of
Title 23. The change to section 183(a)(4) codifies a DOT
regulation that requires the project's senior obligations to
receive an investment-grade rating in order to execute a
secured loan agreement. The change to section 183(b)(2) ensures
that the amount of the TIFIA credit instrument may not exceed
that of the senior project obligations. The elimination of
section 183(c)(3) deletes the description of sources of
repayment funds because the subject is already covered in
section 183(b)(3).
Subsection (e)(1) makes changes to section 184(b)(3) to
ease the restrictions on funding draws on a line of credit in
order to help a borrower avoid a payment default. The changes
to section 184(b)(4) conform the interest rate setting
mechanism for the line of credit with that for secured loans.
The change to section 184(b)(5) has the same purpose as the
changes to sections 183(b)(3) and 182(a)(4).
Subsection (e)(2) makes changes to Section 184(c) to
clarify language regarding the scheduling of principal and
interest repayments. The elimination of section 184(c)(3)
deletes the description of sources of repayment funds because
the subject is already covered in section 184(b)(5)(A)(i).
The changes to sections 185(a), 185(b), and 185(c) in
subsection (f) clarify that the Secretary may establish fees to
cover the cost of servicing TIFIA credit instruments. The
change to section 185(d) clarifies that the program may retain
outside counsel to assist in the underwriting and servicing of
TIFIA credit instruments.
Subsection (g) sets the funding levels for the TIFIA
program, including administrative expenses and limitations on
credit amounts.
Sec. 1602. State Infrastructure Banks
Subsection (a) of this section codifies a state
infrastructure bank (SIB) program in Section 189 of title 23.
Subsection (a) of Section 189 provides definitions for the
SIB program. Subsection (b) permits the Secretary to enter into
a cooperative agreement with a state for the establishment of a
SIB. Subsection (c) allows two or more States to enter into a
cooperative agreement with the Secretary to establish a multi-
state SIB. Subsection (d)establishes funding requirements for
SIBs, restricting the amount of federal funding that a State can
deposit in their highway, transit, and rail SIB accounts. Subsection
(e) establishes the forms of assistance that a SIB can offer.
Subsection (f) describes the eligible projects that are allowed to be
funded by the SIB.
Subsection (g) establishes the requirements that a State
must adhere to when establishing a SIB. Subsection (h) speaks
to the applicability of Federal law in the SIBs program.
Subsection (i) states that the United States is not obligated
by any commitment made by a state SIB. Subsection (k) limits
the amount of federal funds that can be used to administer the
state SIB to 2 percent of the federal funds contributed to the
SIB.
Subsection (b), (c), (d), and (e) of Section 1602
establishes a new chapter 6 in title 23 for infrastructure
finance.
Sec. 1603. Interstate system reconstruction and rehabilitation toll
pilot program
This section establishes an interstate system
reconstruction and rehabilitation pilot program similar to the
one authorized in TEA 21. The new program is limited to three
facilities and requires states to show that tolling is the most
efficient and economical way to finance the project. The
previous program required that states prove that tolling was
the only way to finance the interstate reconstruction or
rehabilitation project. The new program also requires that the
state agency collect tolls electronically and that the agency
include a program to permit low-income drivers to pay a reduced
toll amount.
Sec. 1604. Interstate system construction toll pilot program
This section establishes a new pilot program for projects
involving the construction of new interstate facilities. The
program is limited to three facilities (multi-state corridor
projects may be considered as one facility) and states must
show that tolling is the most efficient and economical way to
finance the project. The new program also requires that the
state agency collect tolls electronically and that the agency
include a program to permit low-income drivers to pay a reduced
toll amount.
It is the Committee's intent that this program be used only
for the construction of new interstate facilities and that the
pilot program authorized in Section 1603 be used only for
rehabilitation and reconstruction of existing interstate
facilities.
Sec. 1605. Special Rules relating to the State Infrastructure Bank
program
This section refers to special rules governing interstate
compacts for State Infrastructure Banks.
Subtitle G--High Priority Projects
Sec. 1701. High priority projects program
This section updates the current high priority projects
program to reflect the funding and year-by-year allocations
provided in TEA LU.
Sec. 1702. Project authorizations
This section lists the state, project description, and
dollar amount for each high priority project.
Subtitle H--Miscellaneous Provisions
Sec. 1801. Budget justification
This section requires the Department of Transportation and
each agency therein to submit to the Committee on
Transportation and Infrastructure a budget justification
concurrently with the President's Annual Budget submission.
Sec. 1802. Motorist information
This section repeals section 124 of title I of division F
of the FY 2004 appropriations bill.
Sec. 1803. Motorist information concerning full service restaurants
This section requires the Secretary to do a rulemaking to
determine whether to give priority to full service restaurants
on at least two of the panels for highway food service signs.
Sec. 1804. High priority corridors on the national highway system
This section adds new corridor designations to the high
priority corridor list in ISTEA.
Sec. 1805. Additions to Appalachian region
This section adds 12 counties to the jurisdiction of the
Appalachian Regional Commission.
Sec. 1806. Transportation assets and needs of Delta region
This section authorizes the Secretary to contract with the
Delta Regional Authority (DRA) to conduct a study on the Delta
region's transportation assets and needs for all modes of
transportation, including passenger and freight transportation.
This section also directs the DRA to report to Congress the
results of the study and establish a regional strategic plan to
implement the report's recommendations.
Sec. 1807. Toll facilities workplace safety study
This section directs the Secretary to conduct a study to
determine the safety of highway toll collection facilities for
toll collectors who work in and around such facilities. It
requires the Secretary to submit within 1 year a report on the
results of the study and recommendations for improving
workplace safety at toll facilities to the congressional
committees of jurisdiction.
Sec. 1808. Pavement marking systems demonstration projects
This section directs the Secretary to conduct demonstration
projects in Alaska and Tennessee to study the impacts of
increasing the minimum width for pavement markings from four
inches to six inches and report the results to Congress by June
30, 2009.
Sec. 1809. Workzone safety grants
This section directs the Secretary to establish a work zone
safety grant program to provide training to prevent or reduce
highway work zone injuries and fatalities.
Sec. 1810. Grant program to prohibit racial profiling
On February 27, 2001, in the Address to a Joint Session of
Congress, President George W. Bush declared that racial
profiling is ``wrong and we will end it in America''. The
President issued a Memorandum for the Attorney General that
directed the Attorney General to review the use of Federal law
enforcement authorities use of race in conducting stops,
searches, and other investigative procedures. In particular,
the President asked the Attorney General to work with Congress
to develop methods or mechanisms to collect any relevant data
from Federal law enforcement agencies and to work in
cooperation with state and local law enforcement agencies in
order to assess the extent and nature of any such policies.
In response to the efforts of the President to end the use
of racial profiling, this section establishes a new incentive
grant program to encourage states to enact and to enforce laws
that prohibit the use of racial profiling in the enforcement of
traffic laws on Federal-aid highways. The incentive grant
program will assist the states with the compilation of data to
support efforts to eliminate the use of race or ethnicity as a
key factor in whether to make a traffic stop.
Subsection (a) authorizes the Secretary to make a grant to
a state that has enacted and is enforcing a law that prohibits
the use of racial profiling in the enforcement of traffic laws
on Federal-aid highways. To be eligible for a grant, a state
must maintain and allow public inspection of statistical
information for each motor vehicle stop in the state showing
the race and ethnicity of the driver and any passengers. Also,
a state may receive a grant if the state provides assurances
satisfactory to the Secretary that the state is undertaking
activities that will lead to compliance with the requirements
to this section.
Subsection (b) authorizes the eligible activities for which
a grant may be used by the state. In the case of a state
eligible for a grant under subsection (a)(1), the grant may be
used for: collecting and maintaining of data on traffic stops;
evaluating the results of the data; and developing and
implementing programs to reduce the occurrence of racial
profiling. An eligible state receiving a grant by providing
assurances to the Secretary that the state is undertaking
activities that will lead to compliance with this section may
use the grant for any eligible activity under this section. The
collection, maintenance, and evaluation of data relating to
traffic stops could be used to determine whether race has been
a key factor in motor vehicle stops. According to the report
published by the Comptroller General entitled Racial Profiling,
more information is needed to determine the extent to which
race, as opposed to other factors, is a key factor for traffic
stops.
Subsection (c) clarifies the meaning of racial profiling as
it pertains to making routine or spontaneous law enforcement
decisions, such as ordinary traffic stops. The racial profiling
provisions under this section is not intended to affect the
ability of law enforcement officers from considering race or
ethnicity whenever there is trustworthy information available
that links persons of a particular race or ethnicity to an
identified criminal incident, scheme, or organization.
Subsection (d) limits the maximum amount for which a state
may receive a grant to not more than 5 percent of the amount
authorized in a fiscal year to carry out this section. A state
that provides assurances to the Secretary that the state is
undertaking activities that will lead to compliance with the
requirements of this section may not receive a grant in more
than two fiscal years.
Sec. 1811. America's Byways Resource Center
This section reauthorizes the America's Byways Resource
Center. The Byways Resource Center provides technical support
and conducts educational activities for the National Scenic
Byways program. Technical support and educational activities
will provide local officials and organizations 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 Scenic
Byways and All-American Roads.
Sec 1812. Technical adjustment
Sec. 1813. Road user charge evaluation pilot project
The issue of future financing of the Highway Trust Fund is
a critical one that Congress must begin to address. The Trust
Fund is currently financed primarily through fuel excise taxes
and certain truck taxes. When the Trust Fund was established in
the 1950s, it was legitimate to have the gas tax serve as a
surrogate for road usage and be the basis for the user-pays
system of the federal highway program. But with the advent of
hybrid cars, alternative fuels, the potential for fuel cell
technology, increased fuel efficiency and other technological
developments, the relationship between the gas tax and road
usage is diminishing.
On July 16, 2002, the Subcommittee on Highways, Transit,
and Pipelines held a hearing on this and related topics.
Testimony was received from representatives of the Public
Policy Center of the University of Iowa regarding research that
was then in progress, though now completed, to develop a new
approach for charging vehicles that travel on the public roads.
A consortium of the Federal Highway Administration and 15 state
departments of transportation funded the study. The purpose of
the study was to evaluate how intelligent transportation system
technology (GPS and on-board computers, smart cards and
collection centers) can be used to assess mileage-based road
user charges.
This section provides funding and authorization for the
Secretary to conduct a pilot project to test the technology and
feasibility of the system. It is contemplated that various cars
will be equipped with the technology in different regions of
the country with a diverse set of drivers. An important element
of the study is measuring the public acceptance of such a
system and to ensure that privacy concerns of drivers are met.
The finding of this study will provide useful information
as the Congress strives to identify a funding source to finance
the federal-aid highway programs that is stable, accurate,
fairer and more flexible than the current gas tax.
Sec. 1814. Thomas P. ``Tip'' O'Neill, Jr. Tunnel
This section designates that, in honor of his service to
the Commonwealth of Massachusetts and to the United States, and
in recognition of his contributions toward the construction of
the Central Artery project in Boston, Massachusetts, the
Central Artery Tunnel should be named as the ``Thomas P. `Tip'
O'Neill, Jr. Tunnel''.
Sec. 1815. Conforming amendment for transportation planning sections
Section 1814 amends sections 134 and 135 of title 23,
United States Code to indicate that metropolitan and statewide
transportation planning programs funded under those sections
shall be carried out according to the provisions of the unified
highway and transit planning chapter in chapter 52, title 49,
United States Code. (See Title VI of TEA LU.)
Sec. 1816. Distribution of metropolitan planning funds within states
This section requires the states to distribute planning
funds to the metropolitan planning organizations within 30 days
of receipt of such funds from the Secretary.
Sec. 1817. Treatment of off ramp
This section specifies that an off-ramp in California meets
the requirements of Title 23 that govern the approval of the
placement of ramps off a Federal-aid Highway.
Sec. 1818. Loan forgiveness
This section specifies that a loan has satisfied its
repayment obligations.
Sec. 1819. Lead agency designation
This section specifies that a specific agency in California
be the lead agency for a highway project authorized in 1991.
Sec. 1820. Use of debris from demolished bridges and overpasses
This section specifies that any debris from a demolished
Federal-aid bridge or overpass can be used for beneficial
public use by Federal, State, and local governments.
Sec. 1821. Hubzone program
Sec. 1822. Technical changes to TEA 21 projects
This section makes changes to projects authorized in TEA
21.
Sec. 1823. National Work Zone Safety Information Clearinghouse
This section provides grants to establish and operate a
National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity
This section makes transportation-related changes to the
Clean Air Act.
Sec. 1825. Eligibility to participate in Western Alaska Community
Development Quota Program
Sec. 1826. Metropolitan regional freight and passenger transportation
study
This section authorizes the Secretary to enter into an
agreement with two universities to study metropolitan regional
freight and passenger transportation.
Sec. 1827. Intermodal transportation facility expansion
Sec. 1828. Advanced truck stop electrification system
This section includes a definition for Advanced Truck Stop
Electrification Systems in title 23 and clarifies that such
systems are eligible under STP.
Sec. 1829. Technology
This section encourages states to consider using a new
technology to detect cracks in bridges.
Sec. 1830. Extension of public transit vehicle exemption from axle
weight restrictions
This section extends the exemption that public transit
vehicles and over-the-road buses have from axle weight
restrictions.
Sec. 1831. Motorcyclist advisory council
This section establishes an advisory council to address
relevant highway infrastructure issues as they relate to
motorcyclists.
Sec. 1832. Sharing of monetary recoveries
This section addresses the sharing of monetary judgments
from Federal proceedings pertaining to fraud in Federally
funded highway and public transportation programs.
Sec. 1833. Eligibility under CMAQ
This section specifies that advanced truck stop
electrification system is an eligible activity under CMAQ.
Sec. 1834. Sense of Congress Regarding Buy America
The Committee is concerned that the intent of Congress in
the original Buy America (P.L. 97-424 Sec. 165) is being
misinterpreted on federally funded bridge projects. The Buy
America provision provides that domestic iron and steel be used
in federal transportation projects unless its use would
increase the ``overall project contract'' by more than 25
percent. The problem that is emerging in the highway bridge
industry is that project managers are attempting to circumvent
the Buy America requirement by breaking bridge projects into
component parts and applying the 25% test separately to each of
the component parts, rather than to the entire bridge project
as required by law. The intent of the Buy America/domestic
content law was to ensure that when taxpayer money is invested
on direct federal government procurement and infrastructure
projects, these expenditures stimulate U.S. production and
employment. This provision is intended to end any confusion or
misinterpretation of the law by making clear that it is the
Sense of Congress that the Buy America test applies to the
overall bridge project.
Sec. 1835. Community enhancement study
This section directs the Secretary to make a grant to, or
enter into a cooperative agreement or contract with, a national
organization representing architects who have expertise in the
design of a wide range or transportation and infrastructure
projects to conduct a study on the role of well-designed
transportation projects in promoting community enhancement.
Sec. 1836. Transportation and local workforce investment
This section expresses the sense of the Congress that
Federal transportation projects should facilitate and encourage
the collaboration between interested persons to help leverage
scarce training and community resources and to help encourage
local participation in the building of transportation projects.
Sec. 1837. Special rule for fiscal year 2004
This section states that where fiscal year 2004 authorized
amounts in this title differ from fiscal year 2004 authorized
amounts in the Surface Transportation Extension Act of 2004,
Part V (STEA Part V), then STEA Part V governs.
NIGHT-TIME CONSTRUCTION
Presently the federal government is investing more than $30
billion annually on roadway construction projects. This
significant investment is creating increased motorist exposures
to roadway work zones. Since 1997 the number of fatalities in
roadway work zones for both motorists and construction workers
has grown by over 70 percent. With nearly 1,200 fatalities and
40,000 injuries occurring annually in roadway construction
zones, work zone safety is a serious public health concern.
Since most road work today involves reconstruction,
rehabilitation and maintenance of existing roadways, it is
conducted adjacent to traffic. As a result, more and more
jurisdictions across the country are looking to night-time
construction as a way to reduce motorist delay and
inconvenience by scheduling work when traffic is lighter.
The Committee is concerned about the impact of night-time
construction on motorists, workers and communities. Current
information is not comprehensive or well communicated to public
and private entities and individuals that need it most.
The Committee directs the Federal Highway Administration to
conduct and compile research on many aspects of night-time road
construction, including:
Comparisons between work zone-related crash
rates daytime and night-time construction operations;
Rates and frequencies of incidents caused by
drivers under the influence of alcohol, drugs and/or
other substances causing driver impairment;
Rates and frequencies of incidents caused by
drivers and workers who are tired or sleep deprived;
Impacts on worker health and welfare;
Impacts on adjacent communities;
Impacts on construction quality and work
schedules; and
General impact on roadway construction
worker safety.
The Committee directs the Federal Highway Administration to
report to the Committee two years after passage of this
legislation on the results of its research.
CATHODIC BRIDGE PROTECTION STUDY
The issue of the increased cost to repair/replace concrete
bridges due to the corrosion of steel rebar in bridges caused
by exposure to a chlorine environment is a critical one that
Congress must begin to address. The Committee directs the
Secretary to study the application of cathodic protection
technology to concrete bridges in order to extend the life of
the bridge and reduce future repair costs.
The Committee also directs the Secretary to report to
Congress on the results of any study.
TRAFFIC CONTROL AT HIGHWAY-RAILWAY CROSSINGS
With respect to increasing safety at grade crossings, the
Committee notes that 1,431 people have been killed in 11,860
accidents at public crossings with crossbuck devices during the
past ten years. The size, weight, and design of trains prevent
them from being able to stop and start as quickly as an
automobile or truck. Given the importance of safety at highway-
rail crossings, the Committee urges the Secretary of
Transportation to revise the Manual of Uniform Traffic Control
Devices and such other regulations and agreements of the
Federal Highway Administration as may be necessary to require
``yield'' signs be installed at all public highway-rail
crossings without automatic traffic control, save for those
crossings which, in the judgment of the roadway authority,
require ``stop'' signs, together with appropriate advance
warning signs at all crossings.
In October of 2004, Federal Highway Administration (FHWA)
was requested to issue an interim order amending the Manual on
Uniform Traffic Control Devices to include a standard that
``yield'' signs be installed at all public crossings with
passive devices, except at those which the roadway authority
deemed to require a ``stop'' sign based on an exhaustive study
contained in National Cooperative Highway Research Program
(NCHRP) Report 470. Considering that the NCHRP Report 470 was
completed in at the end of 2001, the Committee urges the
Secretary to act immediately to consider appropriate changes to
the Manual of Uniform Traffic Control Devices.
TITLE 23 DEFINITION OF ``CONSTRUCTION''
The Committee interprets the definition of ``Construction''
in section 101(a)(3) in title 23 to include under paragraph
(G), improvements that directly facilitate and control traffic
flow, such as grade separation of intersections, widening of
lanes, chanelization of traffic, traffic control systems,
reversible lanes, contraflow lanes, moveable medians,
coordinated traffic signalization, managed lanes, and passenger
loading and unloading areas.
TITLE 23 DEFINITION OF ``OPERATION IMPROVEMENT''
The Committee interprets the definition of ``Operation
Improvement'' in Section 101 in title 23 to include a capital
improvement for installation of traffic surveillance and
control equipment, computerized signal systems, motorist
information systems, integrated traffic control systems through
such means as reversible lances, contraflow lanes, moveable
medians, coordinated traffic signalization, and managed lanes.
HIGHWAY-TRANSIT FUNDING TRANSFER AUTHORITY
In 1991, the Intermodal Surface Transportation Efficiency
Act (ISTEA) provided additional authority for states to
transfer Federal funds between highway and transit programs. In
1998, Congress continued and expanded this transfer authority.
Many States have actively used this authority to transfer
Federal funds between highway and transit programs. The
committee believes it is important to review how the States and
public transit authorities have used this transfer authority
and directs the Government Accountability Office to report to
Congress on the use of this transfer authority by the States
and public transit authorities, the highway and transit
projects funded with these funds, and the U.S. Department of
Transportation administrative mechanisms to track the use of
these transferred funds. This report should be completed as
soon as practicable and no later than two years after the date
of enactment.
The Committee notes that, in the Design Standards Manual
for construction of Interstates and their improvement, the
requirements for control of access at ramp terminals in urban
areas is 100 feet and 300 feet in rural areas. The Committee
instructs the Federal Highway Administrator within 180 days to
provide an explanation to the Committee for the different
treatment of rural and urban access control at ramp terminals.
TITLE II--HIGHWAY SAFETY
Motor vehicle crashes are the leading cause of death
between the ages of 3 through 33. In 2003, a total of 42,643
people were killed in traffic crashes, and an additional 2.89
million were injured. Alcohol-related deaths account for 40
percent of all traffic fatalities. Fifty-six percent of those
killed in passenger vehicles in 2003 were not wearing seat
belts. It is estimated that highway crashes cost society $230.6
billion each year, about $820 per person.
Sec. 2001. Authorizations of appropriations
This section authorizes funds for the section 402 highway
safety grant program; occupant protection incentive grants
under section 405; alcohol-impaired driving countermeasures
incentive grants under section 410; state traffic safety
information improvements under section 412; the national driver
registery; and the high visibility enforcement program.
The Secretary is provided the flexibility to transfer any
amounts remaining available under the occupant protection
incentive grant program, the alcohol-impaired driving
countermeasures program, and the state traffic safety
information system improvements program to ensure, to the
maximum extent possible, that each state receives the maximum
amount of incentive grants under these programs for which the
state is eligible.
Sec. 2002. Occupant protection incentive grants
This section extends the occupant protection incentive
grant program through the term of the legislation. A state may
become eligible for these grants by either having a seatbelt
usage rate of at least 85 percent or by implementing at least
four of the six safety incentives under the program.
Sec. 2003. Alcohol-impaired driving countermeasures
This section extends the alcohol-impaired driving
countermeasures program over the term of the legislation. The
criteria for eligibility under the Basic Grant A program is
expanded to includ states that have an alcohol-related fatality
rate of 0.5 or less per 100 million vehicle miles traveled. The
eligibility criteria for Basic Grant A is amended, under the
administrative license revocation requirement, to permit a
state to allow a first time offender who has had his or her
license suspended to operate a motor vehicle, after a 15-day
suspension period, to and from employment, school, or an
alcohol treatment program if an ignition interlock device is
installed on the vehicle. Similarly, a state may allow a repeat
offender who has had his or her license suspended or revoked to
operate a motor vehicle, after a 45-day suspension or
revocation period, to and from employment, school, or an
alcohol treatment program if an ignition interlock device is
installed on the vehicle.
Under the Basic Grant A criteria, four new eligibility
requirements are added in lieu of eliminating the young adult
drinking awareness program. The new requirements are a judicial
and prosecutorial outreach program, a self-sustaining drunk
driving prevention program, programs for effective alcohol
rehabilitation, and a program for impounding vehicles of drunk
drivers. States may become eligible for Basic Grant A by
implementing at least six eligibility criteria for fiscal years
2005 and 2006 and at least seven criteria for the following
fiscal years.
The criteria for the eligibility for a Basic Grant B is
amended to permit a state to receive a grant if its alcohol-
related fatality rate is 0.8 or more per 100 million vehicle
miles traveled and the state establishes a task force to
evaluate and recommend changes to the state's drunk driving
programs. The supplemental grant program is repealed.
Sec. 2004. State traffic safety information system improvements
This section authorizes a new section 412 program for state
traffic safety information system incentive grants to encourage
states to adopt and implement effective safety data systems.
The Secretary is required to determine the model data elements
necessary to analyze trends in crash occurrences, rates,
outcomes, and circumstances. To receive a grant, a state must
comply with safety data system requirements under this section
and use the grant only to implement such requirements.
Sec. 2005. High visibility enforcement program
The Secretary is required to establish a program to support
national impaired driving mobilization and enforcement efforts
and national safety belt mobilization and enforcement efforts,
including the purchase of national paid advertisements to
support such efforts.
Sec. 2006. Motorcycle crash causation study
The Secretary is required to conduct a study of the causes
of motorcycle crashes and to submit a report to Congress on the
results of the study not later than 3 years after the date of
enactment of this legislation.
Sec. 2007. Child safety and booster seats
This section authorizes a child safety and child booster
seat incentive grant program for the benefit of states that
enact or enforce a law requiring children riding in passenger
vehicles to be secured in child safety seats or child booster
seats. States may use grants under this section only to carry
out child safety seat and child booster seat programs,
including education, training, enforcement, and the purchase
and distribution of child restraints to families that cannot
otherwise afford them. Each state to which a grant is made
under this section must transmit a report to the Secretary
indicating how the grant funds were expended and identifying
the specific programs supported by the grant.
Sec. 2008. Motorcyclist safety
This section establishes a new motorcyclist advisory
council to advise the Federal Highway Administrator on
infrastructure issues that concern motorcyclists. This
sectionalso establishes a motorcycle safety incentive grant program for
states that adopt and implement effective programs to reduce the number
of single- and multi-vehicle crashes involving motorcycles.
Sec. 2009. Driver fatigue
This section adds driver fatigue to the list of safety
factors that must be included in state highway safety programs
in accordance with uniform guidelines promulgated by the
Secretary under section 402. The Committee wishes to
acknowledge the contribution of ``Maggie's Law'' to its
deliberations on this issue.
Sec. 2010. Authorizations of appropriations for highway safety research
and development
This section authorizes funds out of the Highway Trust Fund
for carrying out section 403 safety research and development.
Sec. 2011. Safety data
This section requires the Secretary to collect data and
compile statistics on accidents involving motor vehicles being
backed up that result in fatalities and injuries. The Secretary
is required to transmit a report to Congress not later than
January 1, 2009, on these accidents and any recommendations
regarding measures to be taken.
Sec. 2012. Driver performance study
This section directs the Secretary to conduct a study on
the risks associated with glare to oncoming drivers and to
submit a report of findings and recommendations to Congress not
later than 18 months after enactment.
TEEN DRIVERS STUDY
Young drivers have the highest traffic crash risk of any
age group, and are more likely to be involved in crashes
involving driver error and speed than older drivers. The
Committee directs the Secretary to conduct a study on the major
causes of traffic crashes involving teen drivers and evaluate
existing teen driver programs. Not later than one year after
the date of enactment of this Act, the Secretary shall transmit
a report to the Committee on the results of the study and
recommendations to reduce the number of traffic crashes
involving teenagers, including recommendations for model
driving school curriculum and graduated licensing requirements.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title; amendments to Title 49, United States Code
Title III of the bill is cited as the ``Federal Public
Transportation Act of 2005.'' All amendments in this title,
unless otherwise specified, are made to title 49 of the United
States Code.
Sec. 3002. Policies, findings, and purposes
This section and subsequent sections of the bill change the
terminology used to describe the federal transit programs,
which have grown far beyond the original mission and
orientation of ``urban renewal'' in the Federal Transit
Administration's organic statute, the Urban Mass Transportation
Act of 1964. Today, the federal transit programs also provide
vital transportation services to rural and other non-urban
constituencies. The title change and subsequent legislative
changes to chapter 53, title 49 United States Code in which the
terms ``mass transit'' or ``mass transportation'' are replaced
by ``public transportation'' reflect this evolution.
Sec. 3003. Definitions
This section includes amendments to section 5302 of title
49, United States Code that change definitions that apply
generally to all of chapter 53, except as otherwise
specifically provided. These changes include adding new
eligibilities for Federal capital transit funding. Newly
eligible uses for these capital funds include: (1) acquiring,
constructing, relocating, and renovating intercity bus stations
and terminals; (2) crime prevention and security projects
(including security training for personnel and conducting
emergency response drills); (3) establishing a debt service
reserve fund for bond payments when such bonds are used for the
purpose of financing an eligible transit project; and (4)
mobility management activities and projects. Mobility
management activities and projects improve the coordination
among public transportation and other transportation service
providers through short-range planning and management
activities, such as buying computer software that matches
public transportation riders and non-emergency medical and
other human services clients to transportation services.
Directly providing public transportation services is not an
eligible capital expense under this definition.
Under current law, the terms ``mass transportation,''
``public transportation,'' and ``transit'' are interchangeable.
Under the changes made in this section, these three terms are
still synonymous. However, ``public transportation'' becomes
the principal defined term.
Sec. 3004. Metropolitan planning
This section amends sections 5303 and 5304 of title 49,
United States Code, which contain the metropolitan planning
process for federal transit funded programs under current law.
The Transportation Equity Act: A Legacy for Users consolidates
the current law metropolitan planning provisions under sections
5303 and 5304 of title 49 and under sections 134 of title 23
into a unified planning title for both transit and highways
under chapter 52 of title 49. For ease of reference, section
5303 of title 49 is amended to reflect that grants made under
sections 5307-5311, 5316 and 5317 are to be carried out in
accordance with chapter 52. (See Title VI of the bill, which
contains the planning provisions.)
Subsection 5303(b) as amended in this section requires the
Secretary to certify that metropolitan planning organizations
in transportation management areas (urbanized areas of more
than 200,000 in population) comply with all planning and other
applicable requirements in law in their transportation planning
activities. In section 5306(a) (which is not amended), transit
grant recipients are directed to encourage, to the maximum
extent feasible, private enterprise participation in transit
plans and programs. However, the Secretary may not withhold
certification of a transit grantee's plans based on private
enterprise participation. This is a standing limitation in
existing law under section 5305(e)(3).
Sec. 3005. Statewide planning
The Transportation Equity Act: a Legacy for Users
consolidates the metropolitan and statewide planning provisions
currently under title 23 and chapter 53, title 49 into a
unified planning title for both transit and highways under
chapter 52 of title 49. For ease of reference, section 5304 of
title 49 is amended to reflect that grants made under sections
5307-5311, 5316 and 5317 are to be carried out in accordance
with chapter 52. Under current law (section 5323(l)), statewide
transit planning was subject to statewide highway planning
processes outlined in section 135 of title 23. (See Title VI of
the bill, which contains the planning provisions.)
Sec. 3006. Planning programs
Metropolitan planning and statewide planning funding
provisions contained in current law sections 5303(g) and
5313(b) are moved into a unified section on planning programs
as the amended section 5305 of title 49. The current law
section 5305 pertains to metropolitan planning requirements for
transportation management areas, which is included in the
unified metropolitan planning sections of chapter 52.
Subsections 5305(a), (b) and (c) establish the general
planning grant authority and purposes. Subsection (d) describes
the metropolitan planning grant apportionment process.
Subsection (e) describes the state planning and research grant
apportionment process. Subsection (f) sets the Government's
share of planning grant activity costs at 80 percent.
Subsection (g) describes the allocation of planning funds made
available under funding authorization section 5338(c) between
metropolitan planning and statewide planning, using the same
percentages set in current law section 5338(c)(2)(C) (82.72
percent for metropolitan planning and 17.28 percent for state
planning and research). In subsection (h), funds remain
available for three years after the fiscal year in which the
funds are authorized, the same period of availability as under
current law.
Sec. 3007. Private enterprise participation
This section title has been shortened to more clearly
reflect the provisions within. The text of section 5306 of
title 49, United States Code is not amended.
Sec. 3008. Urbanized area formula grants
This section amends section 5307 of title 49, United States
Code, which contains provisions governing the eligibility and
procedures for urbanized area formula grants to transit
providers in areas of 50,000 and more in population. Two
existing law subsections are deleted. Subsection 5307(h) is
deleted as a technical cleanup, because streamlined
administrative procedures for track and signal equipment
certification have already been promulgated as directed in the
subsection. Subsection 5307(k) regarding transit enhancement
activities is also deleted, but the requirement that one
percent of urbanized area formula grant funds for recipients in
areas of over 200,000 be invested on enhancement activities is
retained, and added to the list of grant recipient requirements
in subsection 5307(d)(1). Treating the one percent enhancement
requirement as a grant recipient requirement rather than a set-
aside relieves the Federal Transit Administration (FTA) from
making separate one percent apportionments for transit
enhancements activities.
Subsection 5307(b) is amended in paragraph (1) by restating
the general authority for urbanized area formula grants in a
list format. There is no change to the existing law authority
to make grants for: capital projects and associated capital
maintenance items; planning; transit enhancements; and, in
areas with a population of less than 200,000, operating
expenses. In paragraph (2), the existing extension of operating
flexibility in urbanized areas that were less than 200,000
under the 1990 Census, but increased to more than 200,000 in
the 2000 Census, is further extended through the end of fiscal
year 2005.
Currently under subsection 5307(d), recipients are required
to certify that they have the legal, financial, and technical
capacity to carry out the program of projects for which they
are applying as an urbanized area formula grant. This is
amended in subparagraph (d)(1)(A) to additionally require that
recipients certify such legal, financial, and technical
capacity for the safety and security aspects of their program
of projects. Subsection 5307(d) is also amended, as discussed
above, by adding the requirement that grantees in urbanized
areas over 200,000 in population certify that one percent of
each grant amount is spent on enhancement activities.
Subsection 5307(e) regarding the Government's share of
costs is amended by deleting the 1985 baseline limitation on
local match revenues resulting from the sale of advertising or
concessions. Additionally, recipients are authorized to use
amounts received under service agreements with a State, local
social service agency, or private social service organizations
as local match. This creates an incentive to transit agencies
to better coordinate transportation services with human service
agencies that provide transportation services.
Section 5307(i) is redesignated as section 5307(h) and
amended to give the Secretary discretion to require annual
audits rather than mandate them. There remains in place an
audit requirement pursuant to the Single Audit Act, which
requires an annual audit of all Federal grantees receiving
grants exceeding $300,000, which constitutes about 83 percent
of all section 5307 grants. Auditing smaller grants would be
discretionary, based on the FTA's annual risk assessment
process.
Subsection 5307(l) as redesignated, Relationship to Other
Laws, strikes subparagraph (1) and moves the provision
contained therein to the General Provisions on Assistance in
section 5323, to make the prohibition on making false or
fraudulent statements to the Government (18 U.S.C. section
1001) applicable to any Federal public transportation grant
program. The existing law paragraph (2) regarding the other
sections of title 49 that apply to the Urbanized Area Formula
Grants program is retained and redesignated as paragraph (1). A
new paragraph (2) is added that exempts non-supervisory transit
employees from the Hatch Act limitations, if the Hatch Act
applies only because the employees' salaries are funded through
Federal grants under this section. This exemption will apply
only to employees in urbanized areas under 200,000 in
population, where up to 50 percent of the net project cost may
be derived from Federal grant funds. This codifies existing
Federal transit law, although the provision does not otherwise
appear in title 49 because of a codification error in Public
Law 103-272, which revised and codified without substantive
change certain general and permanent laws related to
transportation. The provision is identical to section 142(g) of
title 23, regarding non-supervisory employees of urban mass
transportation systems receiving funds under the Federal-aid
highway program.
Subsection 3008(h) adds a new subsection 5307(m) regarding
the treatment of the United States Virgin Islands, which shall
be treated as an urbanized area for the purposes of
apportionments under section 5307.
SEC. 3009. Clean fuels formula grant program
Section 3009 amends section 5308 of title 49, United States
Code, regarding the clean fuels formula grant bus procurement
program. Funds are apportioned to recipients in urbanized areas
that are designated as nonattainment areas for ozone or carbon
monoxide under section 107(d) of the Clean Air Act or are
maintenance areas for ozone or carbon monoxide. These grant
funds can be used to purchase or lease clean fuel buses,
construct or lease vehicle-related equipment supporting such
clean fuel buses, and construct new or improve existing
facilities to accommodate clean fuel buses. Clean fuel buses
include those powered by clean diesel, compressed natural gas,
liquefied natural gas, biodiesel fuels, batteries, alcohol-
based fuels, hybrid electric power systems, fuel cells, or
other low or zero emission technologies. Not more than 35
percent of the funds made available under the clean fuels
formula grant program may be used for clean diesel bus
technology. The apportionment formula is weighted such that
two-thirds of the funds go to recipients serving urbanized
areas with a population of 1,000,000 or more and one-third of
the funds go to recipients serving urbanized areas of less than
1,000,000. The formula is also weighted by the severity of
nonattainment in the urbanized area being served.
The grant requirements of section 5307 apply to the clean
fuels formula grant program. The Federal share for the clean
fuels formula grant program may be increased in accordance with
section 5323(i), which allows a 90 percent Federal share of the
net incremental project cost of equipment that is attributable
to compliance with the Clean Air Act.
Funds made available under the clean fuels formula grants
program remain available for one year after the fiscal year in
which the amounts are made available, a total of two years.
Funds that remain available after this period are added to the
amount to be made available for the program in the next fiscal
year.
The Committee intends that the Secretary shall encourage
recipients of clean fuels formula grants to adequately invest
in infrastructure facilities to accommodate the needs of these
alternatively fueled vehicles.
Sec. 3010. Capital investment grants
This section amends section 5309 of title 49, United States
Code, which authorizes capital investment grants for new fixed
guideway capital projects (``new starts''), fixed guideway
modernization (``rail modernization''), and bus and bus-related
facilities. All references in the current law section heading
and text to ``capital investment loans'' are deleted from
section 5309 since, historically, only capital investment
grants have been awarded pursuant to this section. Two existing
law subsections are deleted. Subsection 5309(b), which deals
with loans for real property interests, is struck because the
authority to use Federal transit grants under this section for
real property loans has not been utilized and is being
eliminated. Subsection 5309(c) is reserved under current law,
and is deleted as a technical cleanup. The existing subsection
5309(d) is moved to subsection (b), and requires that projects
funded under this section be part of an approved program of
projects that has gone through the planning process outlined in
section 5303-5306, have the legal, financial, and technical
capacity to carry out the project, and have the capability to
maintain satisfactory continuing control and maintenance of the
equipment and facilities associated with the project.
Subsection (b) (as redesignated) is further amended by striking
the reference to capital loans.
The remaining subsections (e) through (p) of section 5309
are deleted and rewritten as the new subsections (c) through
(n), with some organizational changes and the addition of one
new program, capital investment grants of less than $75 million
(``small starts'').
Subsection 5309(c), concerning major capital investment
grants of $75 million or more includes the new starts program
requirements and FTA evaluation and rating criteria found in
current law subsection 5309(e). The term describing all new
starts and small starts projects is changed from the current
law ``capital project for a new fixed guideway system or
extension of an existing fixed guideway system'' to ``new fixed
guideway capital project'' for the sake of brevity. The new
term is defined in subsection (n) as a minimum operable segment
of a capital project for a new fixed guideway system or
extension to an existing fixed guideway system, which is the same
definition for new starts projects as under current law subsection
5309(p). Subsection 5309(c) pertains only to those new fixed guideway
capital projects that will require $75 million or more of Federal
assistance provided under the authority of Section 5309. Such projects
are defined as ``major'' new starts as opposed to small starts, which
involve less than $75 million in such funds and are authorized under
subsection (d).
Major new starts projects must be carried out through a
full funding grant agreement with the Secretary. Projects must
be authorized for final design and construction to enter into a
full funding grant agreement. (New starts project
authorizations are contained in section 3037 of the bill.) The
full funding grant agreement is based upon the evaluations and
ratings required under subsection 5309(c). The baseline
requirements for a project to secure a grant under this
subsection is that the project proposal must be based on the
results of alternatives analysis and preliminary engineering;
justified based on a comprehensive review of the project's
benefits; and supported by an acceptable degree of local
financial commitment. The project justification and local
financial commitment evaluation criteria are outlined in detail
in subparagraphs (c)(3)(A)-(D), consistent with the current law
criteria found in subsection 5309(e)(2)-(4). In assessing the
local financial commitment for a new starts project, the FTA is
authorized to consider the extent to which the project sponsor
has overmatched the statutory local match requirement of 20
percent. However, the authority to consider a higher local
match as part of the assessment of a project's local financial
commitment does not allow the Secretary to require a higher
local match than 20 percent.
Proposed new starts projects under subsection (c) are
authorized to advance from alternatives analysis to preliminary
engineering, and from preliminary engineering to final design
and construction, if the Secretary finds that the project meets
the requirements of this section. In making these findings, the
Secretary is directed to evaluate and rate the project as
``highly recommended'', ``recommended'', or ``not recommended''
based on the results of alternatives analysis, the project
justification criteria, and local financial commitment.
Subsection 5309(d) regarding capital investment grants of
less than $75 million authorizes a new program under Capital
Investment Grants. These ``small starts'' fall into two
subcategories--those involving between $25 million and $75
million in funds under section 5309, and those that are less
than $25 million. New fixed guideway capital projects with a
section 5309 Federal share of less than $25 million are not
subject to the requirements of this subsection regarding
project evaluation and rating and do not enter into a long-term
financial contract with the Secretary (called a ``project
construction grant agreement'' in the small starts program).
Under the small starts program, lower-cost fixed guideway
projects such as streetcars, bus rapid transit, and commuter
rail projects will be advanced through an expedited and
streamlined evaluation and rating process. As the Federal
Transit Administration develops administrative and regulatory
guidance for the implementation of the small starts program,
the process and procedures adopted should be representative of
the relative size and scope of the projects.
Project justifications for the small starts program are
based on five criteria: consistency with local land use
policies and likelihood to achieve local developmental goals;
cost effectiveness of the project at the time revenue service
is initiated; degree of positive impact on local economic
development; reliability of cost and ridership forecasts; and
other factors the Secretary considers appropriate to carry out
this subsection. The Secretary is also required to analyze and
consider the results of planning and the alternatives analysis
for the project. The small starts evaluation process should
consider the economic benefits of the project, including the
level of private sector investment associated with the
advancement of the project. The small starts local financial
commitment evaluation is a streamlined version of the new
starts financial evaluation process. The Secretary is directed
to require that each proposed local source of capital and
operating financing is stable, reliable, and available within
the proposed project timetable, and that there be an acceptable
degree of local financial commitment. This provision gives the
Secretary the authority to consider a higher local match as
part of the assessment of a project's local financial
commitment, but does not allow the Secretary to require a
higher local match than 20 percent.
The project development process is also simplified. The new
starts project development process involves four discrete
steps: (1) planning and alternatives analysis, (2) preliminary
engineering, (3) final design, and (4) entering into a full
funding grant agreement and construction. The small starts
program involves three steps: (1) planning and alternatives
analysis, (2) project development, and (3) entering into a
project construction grant agreement and construction. Small
starts projects may advance from planning and alternatives
analysis to project development and construction only after the
Secretary finds that the project meets the requirements of this
subsection and the local metropolitan planning organization
adopts the locally preferred alternative into its long-range
transportation plan. Small starts projects are evaluated based
on project justification criteria and local financial
commitment and are rated as ``recommended'' or ``not
recommended'' based on the results of the FTA's analysis. Only
small starts projects that are authorized for construction and
rated ``recommended'' may enter into a project construction
grant agreement.
Another important difference between the new starts program
and the small starts program is that, under the small starts
program, fixed guideway capital projects have a broader
definition that includes corridor-based public transportation
bus projects if the majority of the project's right-of-way is
dedicated alignment. However, the program is written to be
``mode neutral''--any fixed guideway capital project fitting
the broader definition under small starts is eligible to be
funded under this category if it is less than $75 million in
section 5309 Federal funds, whether it is a bus rapid transit
project, a streetcar or trolley project, commuter rail, or
light rail. However, all small starts projects must be included
under the new starts authorization list in section 3037 of this
bill to receive funds in subsequent appropriations bills within
this authorization period.
In subsection 5309(e), projects for which the FTA has
previously issued letters of intent and full funding grant
agreements before the date of enactment are exempted from any
new program requirements under subsections (c) or (d). All new
starts projects for which FTA has received an application for
final design that fall under the $75 million threshold shall
continue to be treated as major new fixed guideway capital
projects, to avoid a duplicative review and evaluation process.
The FTA is directed to promulgate regulations establishing the
evaluation and rating process for the small starts program
within 120 days after the enactment of this Act.
Subsection 5309(f) describes three federal financing
mechanisms that can be used to support new fixed guideway
capital projects funded under this section: letters of intent,
full funding grant agreements, and early systems work
agreements. These provisions are identical to those found in
subsection 5309(g) under existing law. Subsection 5309(f)(4)
addresses the issue of contingent commitment authority for
major new starts and for small starts. Contingent commitment
authority enables the Secretary to commit Federal funds in a
full funding grant agreement or project construction grant
agreement that extends beyond the end of the authorization
period. The total amount the Secretary can commit is limited.
For full funding grant agreements with major new starts
projects, the total amount covered by all outstanding full
funding grant agreements may not be more than the greater of
the amount authorized for new starts for the 6-year life of the
authorization, plus an amount equivalent to the last 3 fiscal
years of the funding allocated for new starts under the
authorization. For project construction grant agreements, the
limitation extends only one fiscal year beyond the total 6-year
life of the authorization. In subsection 5309(f)(5), the
Secretary is directed to notify, in writing, the House
Committee on Transportation and Infrastructure and the Senate
Committee on Banking, Housing, and Urban Affairs before issuing
a full funding grant agreement or project construction grant
agreement, which allows the authorizing committees to review
each long-term federal financing commitment before it is
executed by the Secretary.
Subsection 5309(g) outlines the Government's share of the
net project cost for all projects authorized under section
5309. The Administration had proposed to decrease the
Government's share for new start projects to 50 percent. The
Committee has rejected this proposal, and retains the provision
under subsection 5309(h) in current law that the Federal share
for a project shall be 80 percent, unless the grant recipient
requests a lower grant percentage. New language is included
clarifying that nothing in section 5309, including the language
that specifically directs the FTA to consider in its evaluation
of a project the extent to which a project has a higher local
match than required by law, shall be construed as authorizing
the Secretary to require a local match higher than 20 percent
of the net capital project cost.
Subsection 5309(i) directs the Secretary to submit an
annual new starts report to the House and Senate authorizing
committees on the first Monday in February, which includes the
Administration's funding proposals for new starts projects in
the coming fiscal year, and evaluations and ratings for all new
starts projects authorized in section 3037 of this Act. The
current law requirement under subsection 5309(o)(2) regarding
an August supplemental report is deleted. The Committee directs
that the FTA shall forward letter updates to the House and
Senate authorizing committees when a project advances to
preliminary engineering or to final design after the
publication of the annual new startsreport. In subsection
5309(i)(2), the U.S. General Accounting Office is directed to conduct
an annual review of FTA's processes and procedures for evaluating,
rating, and recommending new starts projects and how the agency
implements such processes and procedures. This review shall be
submitted to the Congress by May 31 of each year.
Subsection 5309(k), regarding bus and bus facility grants,
amends the existing law language under subsection 5309(m)(3).
The current language regarding consideration of the age of
buses, bus fleets, related equipment, and bus-related
facilities when making grants is retained. Current law
provisions that set aside funds for the bus testing facility in
Altoona, Pennsylvania and for the section 5308 Clean Fuels
formula program are deleted, as both these programs are now
funded as set-asides from formula grants.
Subsection 5309(l) is a new provision making bus and bus
facilities and new starts grant funds available for three
fiscal years (including the year in which the amount is made
available or appropriated). Funds that remain unobligated after
three years shall be deobligated and may be used by the
Secretary for any purpose under this section.
Subsection 5309(m) directs the allocation of amounts made
available for programs authorized under section 5309. The
existing formula of 40 percent for new starts, 40 percent for
rail modernization, and 20 percent for bus and bus facilities
is retained, after the funding levels authorized for small
starts are set aside from the total amount made available for
section 5309 programs. Subsection 5309(m)(1) makes allocations
for fiscal year 2004, using the current law practice of split
funding each Federal transit program with 80 percent funding
from the Mass Transit Account of the Highway Trust Fund and 20
percent funding from the general fund of the U.S. Treasury. For
fiscal years 2005-2009, the financing of Federal transit
programs is changed to eliminate the practice of split funding
accounts, though the overall 80:20 ratio of trust funds to
general funds for all Federal transit programs is retained.
Therefore, subsection 5309(m)(2) makes allocations for fiscal
years 2005-2009 from two different subsections of section 5338,
which contains all Federal transit program apportionments.
Subsection 5338(g) makes funds available for the rail
modernization and bus and bus facilities programs from the Mass
Transit Account. Subsection 5338(h) makes funds available for
the new starts and the small starts programs from the general
fund. The current law set-aside of $10.4 million a year for
ferry boats and ferry terminal facilities in Alaska or Hawaii
is retained. A provision is added establishing a new set-aside
for the national fuel cell bus technology development program,
authorized in section 3039 of the bill.
Sec. 3011. Fomula grants for special needs of elderly individuals and
individuals with disabilities
This section amends section 5310 of title 49, United States
Code, which authorizes formula grants to States for public
transportation projects and services that meet the special
needs of elderly and disabled individuals. The definition of
grant recipient is amended in paragraph 5310(a)(2) by adding a
definition for subrecipients, which is consistent with current
practice. Section 5310 elderly and disabled formula grants are
apportioned to the States and territories, whereupon a State
may then allocate grant funds to: private nonprofit
organizations if no public transportation service for these
special needs is available, or if the available service is
insufficient or inappropriate; or to governmental authorities
that are approved by the State to coordinate services or that
certify there are not any nonprofits organizations readily
available to provide the transportation services. In paragraph
5310(a)(3) and consistent with existing law under section
5310(d), acquiring public transportation services is treated as
a capital expense under this section. In paragraph 5310(a)(4),
a 10 percent limitation is included on the amount of a State's
grant funds that may be used for recipient or for subrecipient
administrative expenses and technical assistance. This codifies
current FTA administrative practice.
Subsection 5310(b) describes the apportionment and transfer
processes, which follows current law, except that an adjustment
is made to the apportionment formula for particularly low
density States. Before the standard formula is run, which
apportions funds based on the total number of elderly persons
and persons with disabilities in a State to the total U.S.
population of elderly and disabled, States with a population
density of 10 persons or fewer per square mile have their
elderly and disabled population number adjusted upward by a
factor of 2; States with a population density of between 10 and
30 persons per square mile have their elderly and disabled
population numbers adjusted upward by a factor of 1.25. In low
density States, providing essential public transportation is
particularly challenging, especially to special needs
populations, because of the distances involved. When providing
services over these long distances, operating costs are higher
and farebox recovery is lower. This formula adjustment may
enable low density States to continue providing essential
public transportation services to a sector of the population
that is particularly dependent on transit--the elderly and
disabled. The provision regarding transfers of unobligated
grant funds is identical to current law, and allows funds that
may lapse under the one year availability to be transferred to
other elderly and disabled transportation services in the State
that are funded under sections 5307 or 5311.
Subsection (c) amends current law regarding the
Government's share of costs. The current Federal match of 80
percent for capital projects is retained, except in cases where
a State has a very high percentage of Federally-owned public
lands. In such cases, the ``sliding scale'' Federal match under
section 120(b) of title 23, United States Code, is used.
Operating expenses are also made eligible for section 5310
elderly and disabled grant funding, limited to 50 percent of
net operating costs. Two new sources of local match funding are
authorized: proceeds from a service agreement with a State,
local social service agency, or private social service
organization; and other Federal funds from non-Department of
Transportation agencies that can be expended for transportation
(e.g., Temporary Assistance for Needy Families, Medicaid, job
training program funds, or Welfare to Work grants). Using these
related human service grants funds as a local match for transit
projects leverages the Federal investment and increases
coordination among Federal agencies that provide transportation
services.
Subsection (d) regarding grant requirements changes the
general applicability of requirements for the elderly and
disabled grant program from current law, which ties the program
to section 5309, to the requirements under section 5307, to the
extent the Secretary considers appropriate. A new requirement
is added that, beginning in fiscal year 2007, the State must
certify that projects funded under this section are derived
from coordinated public transit-human services transportation
plans with public input. The current law requirement that the
State certify allocations of funds were made on a fair and
equitable basis is retained.
Subsection (e) repeats the current law provision in
subsection 5310(c) regarding use of program funds for projects
included in a State program of projects that has been submitted
annually to the Secretary for approval, and that provides for
the maximum feasible coordination of transportation services.
Subsection (f) allows vehicles acquired under this section
to be leased to local governments to improve elderly and
disabled transportation services (as under current law
subsection 5310(g)). The remaining subsections 5310(h), (i) and
(j) are redesignated as (g), (h) and (i) to follow.
Sec. 3012. Formula grants for other than urbanized areas
This section amends section 5311 of title 49, United States
Code, regarding the apportionment of formula grant funds for
non-urbanized areas. Subsection (a) amends the definition
provisions under section 5311(a) to define an eligible
recipient and sub-recipient of other than urbanized area funds.
Subsection (b) amends the general authority provisions that
allow other than urbanized areas to use formula grant funds for
capital transportation projects, or operating assistance
projects (including the acquisition of transportation services)
provided the projects are contained in a state program of
public transportation service projects. Under subsection
5311(b)(3), the rural transportation assistance program (RTAP),
a national technical assistance, training and support program
for rural public transportation providers, is funded with a 2
percent set-aside of the section 5311 grant funds. From the
amounts made available for the RTAP activities, up to 15
percent may be used by the Secretary to carry out projects of a
national scope to sustain ongoing national activities. Under
current law, the RTAP is funded out of the Research program.
Subsection 5311(c) describes the apportionment process,
which follows current law, except that an adjustment is made to
the apportionment formula for particularly low density States.
Before the standard formula is run, which apportions funds
based on the total population in nonurbanized areas in a State
to the total U.S. population in nonurbanized areas, States with
a population density of 10 persons or fewer per nonurbanized
square mile have their population number adjusted upward by a
factor of 1.5; States with a population density of between 10
and 12 persons per non-urbanized square mile have their
population numbers adjusted upward by a factor of 1.25. In low
density States, providing essential public transportation is
particularly challengingbecause of the distances involved. When
providing services over these long distances, operating costs are
higher and farebox recovery is lower. This formula adjustment may
enable low density States to provide essential public transportation
services by establishing a level of funding that will support a
baseline program. Funds remain available for two years after the fiscal
year in which the amount is apportioned, consistent with current law.
In subsection (e), an amendment is made to 5311(f) that
requires States to consult with affected intercity bus service
providers before certifying to the Secretary that intercity bus
service needs of the State are being adequately met without
making the 15 percent allocation of funds to such services.
Such consultation would help ensure the State's awareness of
any intercity bus service needs.
Subsection (f) amends section 5311(g) to retain the
existing Federal share for any capital project at 80 percent or
less of the net project cost, as determined by the Secretary;
except in cases where a State has a very high percentage of
Federally owned lands. In such cases, the ``sliding scale''
Federal match under section 120(b) of title 23, United States
Code, is used. Also retained is the Federal share for operating
assistance at 50 percent or less of the net costs of an
operating project, as determined by the Secretary. The
remainder of the net project costs may be provided from a
number of different sources, including amounts appropriated to
or made available to a department or agency of the Federal
government, other than the Department of Transportation (e.g.,
Temporary Assistance for Needy Families, Medicaid, job training
program funds, or Welfare to Work grants). Using these related
human service grants funds as a local match for transit
projects leverages the Federal investment and increases
coordination among Federal agencies that provide transportation
services.
Subsection (g) strikes section 5311(h) relating to
operating assistance because operating assistance eligibility
is included under the General Authority provisions at
subsection (b).
Subsection (h) corrects the title to Chapter Analysis.
Sec. 3013. Research, Development, Demonstration, And Deployment
Projects
Currently, section 5312 of title 49, United States Code
does not address deployment of emerging technologies, and
inappropriately includes training provisions. As amended,
section 5312 would authorize research, development,
demonstration, and deployment projects, and would move the
training provisions in subsections (b) and (c) to section 5322
(Human Resource Program). Under this subsection, the terms
``other transactions'' is included and is used to replace the
terms ``other agreements'' to provide the Federal government
with discretion to enter into project agreements under terms
that would encourage private parties to participate in
Federally assisted projects. Subsection 5312(a) is further
amended to eliminate outdated references to the Secretary of
Housing and Urban Development. All references to ``urban''
transportation are eliminated to clarify that all
transportation is public transportation in both urban and rural
areas. Mass transportation and public transportation have the
same meaning under the transit programs. This subsection also
contains a series of clarifying and conforming amendments.
Sec. 3014. Cooperative Research Program
Amendments made to section 5313 of title 49, United States
Code provide the correct authorization citation for the
research programs and moves subsection (b) to the state
planning section under Chapter 52 of title 49.
Sec. 3015. National Research and Technology Programs
Section 5314 of title 49, United States Code is amended to
delete the word ``Planning'' in the heading because the focus
of the section is on research and to include ``Technology'' in
the heading to reflect the activities carried out under this
subsection. Other amendments under this subsection correct the
funding authorization citations and eliminate references to the
planning sections of the title. The Secretary is required to
continue to make funds available to help public transportation
providers comply with the Americans With Disabilities Act of
1990. Under this section, the term ``other transactions'' is
included to provide the Federal government with discretion to
enter into project agreements under terms that encourage
private parties to participate in federally assisted projects.
The Industry Technical Panel composed of transportation
suppliers and others involved in technology development is
eliminated because the panel is no longer needed. The Federal
Transit Administration has established an ongoing working
relationship with all facets of the transit industry.
Sec. 3016. National Transit Institute
Section 5315 of title 49, United States Code is amended by
striking references to mass transportation because public
transportation is defined to mean mass transportation under the
transit program.
Sec. 3017. Job Access and Reverse Commute Formula Grants
This section codifies the Job Access And Reverse Commute
(JARC) program authorized under section 3037 of the
Transportation Equity Act for the 21st Century. The program was
established to assist welfare recipients and low-income
individuals in getting to and from jobs. Under the proposed
codified provisions of section 5316, subsection (a) applies
definitions for eligible projects, low-income individuals,
recipients, reverse commute projects, subrecipients, and
welfare recipients.
As proposed in subsection (b), the Secretary would make
grants for access to jobs and reverse commute projects to be
carried out by the recipient or a subrecipient. A recipient
would be permitted to use up to 10 percent of the amount it
receives under this section to administer, plan, and provide
technical assistance.
Subsection (c) proposes a formula for JARC funds that
apportions 60 percent of the funds to designated recipients in
urbanized areas with a population of 200,000 or more in a ratio
reflecting the number of eligible low-income and welfare
recipients in each urbanized area with a population of 200,000
or more; 20 percent of the funds are apportioned among the
states in a ratio reflecting the number of eligible low-income
and welfare recipients in urbanized areas with populations of
less than 200,000 in each state; and 20 percent of the funds
are apportioned among states in a ratio reflecting the number
of low-income individuals and welfare recipients in other than
urbanized areas in each state.
The funds must be used for eligible projects in the
designated areas, except funds made available in urbanized
areas with populations less than 200,000 and nonurbanized areas
may be transferred for projects anywhere in the state if the
state has established a statewide program for meeting the
objectives of this section and the Governor of the state
certifies that all of the objectives of this section are being
met in the specific area. The recipient of JARC funds in an
urbanized area with a population of 200,000 or more must
conduct a competitive process for an areawide solicitation for
applications for grants to the recipients and subrecipients.
Statewide solicitations must be conducted in urbanized areas of
less than 200,000 and in nonurbanized areas for applications
for grants to the recipients and subrecipients. All grants
shall be awarded on a competitive basis.
After consulting with responsible local public
transportation officials and publicly owned operators of
transportation in each area JARC funds were originally awarded,
a state may transfer funds apportioned for urbanized areas with
a population of less than 200,000 and for nonurbanized areas to
section 5311 (c) or 5336, or both. Any funds transferred must
be made available only for eligible JARC projects.
A JARC grant is subject to section 5307 formula grant
requirements and a recipient of a grant must certify to the
Secretary that allocations of the grant to subrecipients are
distributed on a fair and equitable basis. The Federal share
for capital projects may not exceed 80 percent of the net
capital cost and for operating assistance the Federal share may
not exceed 50 percent of the net operating costs. The non-
Federal share may be provided from a variety of sources,
including other Federal funds (other than from the Department
of Transportation). Funds made available through the Social
Security Act may also be used for the remainder of the cost of
the project.
The Comptroller General is required to conduct a study to
evaluate the JARC grant program and transmit the results to the
Congress. The study must begin within one year after the
enactment of the Federal Transportation Act of 2005, and every
two years thereafter. Not later than three years after the date
of enactment of this section, the Secretary must conduct a
study to evaluate the effectiveness of recipients making grants
to subrecipients and transmit the report to Congress.
Sec. 3018. New Freedom Program
This section authorizes a new program to address the
transportation needs of persons with disabilities at all income
levels. The New Freedom Program is codified as section 5317 of
title 49, United States Code, a section that is repealed under
current law. Under the New Freedom Program, the Secretary would
make grants to a recipient for new transportation services and
public transportation alternatives beyond the Americans With
Disabilities Act of 1990 (ADA) to assist individuals with
disabilities with transportation needs.
With the passage of the ADA, it has become a civil rights
violation to deny access to persons with disabilities to public
transportation. The New Freedom formula grant program was
proposed by the administration and has been included in this
legislation to provide additional tools to overcome existing
barriers facing Americans with disabilities seeking integration
into the work force and full participation in society. Lack of
adequate transportation is a primary barrier to work for people
with disabilities. The 2000 Census showed that only 60 percent
of people between the ages of 16 and 64 with disabilities are
employed. The New Freedom formula grant program will expand the
transportation mobility options available to persons with
disabilities beyond the requirements of the ADA. Examples of
projects and activities that might be funded under the program
include, but are not limited to:
Purchasing vehicles and supporting accessible
taxi, ride-sharing, and vanpooling programs.
Providing paratransit services beyond minimum
requirements (\3/4\ mile to either side of a fixed route),
including for routes that run seasonally.
Making accessibility improvements to transit and
intermodal stations not designated as key stations.
Supporting voucher programs for transportation
services offered by human service providers.
Supporting volunteer driver and aide programs.
Supporting mobility management and coordination
programs among public transportation providers and other human
service agencies providing transportation.
A state may use up to 10 percent of the amount it receives
under this section to administer, plan, and provide technical
assistance. Funds would be apportioned based on a formula that
apportions 60 percent of the funds to designated recipients in
urbanized areas with a population of 200,000 or more in a ratio
reflecting the number of individuals with disabilities in each
such urbanized area; 20 percent of the funds are apportioned
among the states in a ratio reflecting the number of
individuals with disabilities in urbanized areas with a
population of less than 200,000; and 20 percent of the funds
are apportioned among the states in a ratio reflecting the
number of individuals with disabilities in nonurbanized areas
in each state.
The funds made available must be used for projects serving
the areas for which the funds are apportioned for eligible
projects. The formula provides an adjustment for low density
areas to increase the amounts made available to assist in
meeting the areas transportation needs. For small urbanized
areas with a population of less than 200,000 and a population
density of 10 persons per square mile or fewer, their
population is multiplied by a factor of 2. For small urbanized
areas with a population of 200,000 or less and a population
density of 10 but equal to or fewer than 30 persons per square
mile, the Secretary shall multiply their population by a factor
of 1.25. The low density adjustment for other than urbanized
areas with a density of 10 persons per square mile or fewer,
the Secretary shall multiply their population by a factor of
1.5. For nonurbanized areas with a population density of more
than 10 but equal to or fewer than 12 persons per square mile,
the Secretary shall multiply their population by a factor of
1.25.
A state may transfer the amounts apportioned for small
urbanized areas and for nonurbanized areas to other small
urbanized formula grant programs and to other nonurbanized
formula grant programs, provided the state has consulted with
responsible local officials and publicly owned operators of
public transportation in each area for which the amounts
originally were awarded under this section. Any funds
transferred must be available for eligible New Freedom
projects.
The recipient of New Freedom funds in an urbanized area
with a population of 200,000 or more must conduct a competitive
process for an areawide solicitation for applications for
grants to the recipients and subrecipients. Statewide
solicitations must be conducted in urbanized areas with a
population of less than 200,000 and in nonurbanized areas for
applications for grants to the recipients.
A New Freedom grant is subject to the section 5307 formula
grant requirements, except for grants for urbanized areas with
a population of less than 200,000 and for nonurbanized areas,
where a special warranty agreement utilized by the Secretary of
Labor may be used to provide a fair and equitable arrangement
to protect the interest of employees. The recipient of a grant
under this section is required to certify that allocations are
distributed to subrecipients on a fair and equitable basis.
The Secretary requires a recipient of a grant to coordinate
the New Freedom program activities with other related program
activities of other Federal agencies. Also a recipient that
transfers funds to the urbanized area formula grant program
must certify that the project for which funds are requested had
been coordinated with nonprofit providers of services.
Beginning in fiscal year 2007, a recipient will also be
required to certify that projects selected were derived from a
locally developed, coordinated public transit-human services
transportation plan and that the plan was developed through a
process that involved individuals of the public, private, and
nonprofit transportation and human services providers.
The Federal share for the net project capital cost of a
project may be up to 80 percent, and not more than 50 percent
of the net operating cost of a project. The remainder of the
funds could be derived from a variety of other sources,
including undistributed cash surpluses; a replacement or
depreciation cash fund or reserve; a service agreement with a
state or local social service agency or social service
organization; new capital; and other eligible Federal funds
expended for transportation (other than funds from the
Department of Transportation). Federal and state funds made
available under the Social Security Act may be used for the
non-Federal share. A state is prohibited from limiting the
level or extent of the Government's share of operating expenses
below the 50 percent in statute.
Sec. 3019. Bus testing facility
This section amends section 5318 of title 49, United States
Code, to delete the requirement for the Secretary to establish
one bus testing facility because the facility has already been
established in Altoona, Pennsylvania. The Secretary is required
to maintain the facility. The provisions under section 5318
that establishes a revolving loan fund for expenses related to
operating and maintaining the facility are deleted because the
bus testing facility relies on state resources to pay for those
costs, and has never requested a loan. The provision concerning
the acquisition of new bus models is moved to this section from
section 5323(c) for clarity.
Sec. 3020. Bicycle facilities
This section includes a technical amendment and an
amendment to extend the bicycle-related provisions to the new
transit in the parks pilot program.
Sec. 3021. Transit in the parks pilot program
This section establishes a new program to provide for
public transportation in units of the National Park System, to
be administered by the Secretary of Transportation in
consultation with the Secretary of the Interior. The definition
of public transportation for the pilot program means general or
special transportation to the public by a conveyance that is
publicly or privately owned. The definition does not include
school bus or charter transportation, but does include
sightseeing transportation. Within 90 days after the enactment
of this section, the Secretary of Transportation and the
Secretary of the Interior must enter into a memorandum of
understanding (MOU) to establish a transit in the parks pilot
program to encourage and to promote the development of
transportation systems to improve visitor mobility and
enjoyment, reduce pollution and congestion, and enhance
resource protection through the use of public transportation.
The Secretary of Transportation will administer the pilot
program in consultation with the Secretary of the Interior. The
MOU entered into between the Secretaries must be consistent
with the planning processes required under Chapter 52 of title
49 and include descriptions of programs and activities eligible
for assistance under the pilotprogram. The Secretary of the
Interior may carry out eligible transportation projects as permitted
under the interagency agreements. The Government's share for any
capital project or activity carried out under the pilot program is 100
percent of the net project costs. Operating assistance grants may not
exceed 50 percent of the net operating costs of the project.
Sec. 3022. Human resource programs
Sections 5312(b) and (c) regarding grants to higher
learning institutions and fellowships would be moved to
sections 5322 (b) and (c) to better fit the organization of the
revised section 5312 of title 49, United States Code.
Sec. 3023. General provisions on assistance
Amendments are made to section 5323 of title 49, United
States Code in this section. The term ``private mass
transportation company'' is changed to ``private company
engaged in public transportation'' in subsection (a), to
reflect the change in terminology from mass transportation or
mass transit to public transportation.
Subsection 3023(c) regarding conditions on charter bus
transportation service amends section 5323(d) by striking the
existing law subsection (d)(2) regarding violations of
agreements and inserting new language which directs the
Secretary to investigate all complaints about violations of the
charter service agreement and decide whether a violation has
occurred; if a violation has occurred, to correct the
violation; and, if a pattern of violations is found, to bar the
recipient from receiving funds in an amount the Secretary
considers appropriate. Under existing law, the Secretary did
not have the flexibility to adjust the amount withheld--the
recipient would be barred from receiving further Federal
assistance. This overly-broad authority was never used, whereas
a more flexible authority to penalize charter violators will
encourage a more realistic and responsive approach to charter
enforcement by the FTA. The Committee is aware that both public
transportation providers and private charter bus providers have
expressed strong concerns about the 1987 FTA rule enforcing
section 5323(d) regarding charter bus service. The Committee
directs the FTA to initiate a rulemaking seeking public comment
on the regulations implementing section 5323(d), and to
consider the issues listed below. Consideration of any changes
to the current regulation shall not disturb the current law
provisions under section 5323(f) regarding school bus
transportation.
1. Are there potential limited conditions under which
public transit agencies can provide community-based charter
services directly to local governments and private non-profit
agencies that would not otherwise be served in a cost-effective
manner by private operators?
2. How can the administration and enforcement of charter
bus provisions be better communicated to the public, including
use of internet technology?
3. How can the enforcement of violations of the charter bus
regulations be improved?
4. How can the charter complaint and administrative appeals
process be improved?
The existing law section 5323(e) regarding bus seat belt
functional specifications is deleted because such
specifications have been issued by the Secretary. A new
subsection (e) takes its place that makes revenue bond proceeds
eligible for use as local match for federal transit grants and
that authorizes recipients to establish debt service reserves
using up to 10 percent of their federal grant funds. The
authority to use bond proceeds as local match was established
in section 3011 of the Transportation Equity Act for the 21st
Century (TEA 21), and FTA has reported that this authority has
been beneficial to transit operators. This subsection also
permits the Secretary to reimburse recipients for deposits in a
debt service reserve established for the purpose of financing
transit capital projects, pursuant to section 5302(a)(1)(K).
Such reimbursements are capped at 10 percent of the recipient's
annual apportionment from section 5307 urbanized area formula
grants.
Subsection 5323(f) regarding school bus transportation is
amended to allow the Federal Transit Administration to assess
fines and withhold grant funds if public transportation
agencies violate the narrowly defined conditions under which
public transportation providers can provide school bus
transportation.
Section 5323(j) regarding Buy America is amended by adding
a new requirement that FTA provide a detailed written
justification when the agency issues a public interest waiver.
Additionally, a new provision is added stating that parties
adversely affected by FTA action on Buy America decisions may
seek judicial review under the Administrative Procedures Act.
The general regulatory waivers for Chrysler 15-passenger vans
and wagons from the requirement that public transportation
vehicles be assembled in the United States are repealed.
Section 3023(g)(5) adds a freestanding legislative provision
requiring the Secretary to issue a final rule within 180 days
of enactment on FTA's implementation of the Buy America
requirements. Specifically, the agency is directed to clarify
that any waiver issued for microcomputer equipment under the
general waiver in subsection (d) of Appendix A of section 661.7
of title 49, Code of Federal Regulations, be applied solely to
devices that are used to process or store data, and not extend
to products containing a microprocessor, computer, or
microcomputer. In directing the Secretary to issue new
regulations regarding microprocessors, computers, or
microcomputers, there is no intent to change the existing
regulatory treatment of software or of microcomputer equipment.
In the final rule, the FTA is also directed to define the
term ``end product'' for purposes of part 661 of title 49, CFR,
and that such definition include a list of representative items
that are subject to the Buy America requirements, similar to
the list of such items under the rolling stock procurements
regulations (section 661.11 of title 49, CFR). The purpose of
developing such a list and more clearly defining the term end
product is to ensure that each discrete end product, whether
purchased as part of a larger system or on its own, meets the
Buy America requirements of section 5323(j) of title 49, United
States Code as implemented by FTA regulation. FTA should be
mindful of the original purpose of the Buy America law--to
promote U.S. job creation and keep current U.S. jobs in
America.
Sec. 3024. Special provisions for capital projects
This section makes very minor amendments to section 5324 of
title 49, United States Code and changes the title of the
section from ``Limitations on discretionary and special needs
grants and loans'' to ``Special provisions for capital
projects,'' which is more descriptive of the provisions
contained therein regarding relocation program requirements and
consideration of economic, social, and environmental interests.
Sec. 3025. Contract requirements
This section consolidates sections 5325 ``Contract
Requirements'' and 5326 ``Special Procurements'' of title 49,
United States Code, since the provisions of section 5326 fall
within the scope of conditions set on contracts that utilize
federal funds provided under chapter 53 of title 49, United
States Code. Under the revised subsection 5325(a) and (b),
recipients of such funds are expressly required to conduct
procurements using full and open competition and to use
standard architectural, engineering, and design contract award
procedures. A new subsection 5325(d) is added that is identical
to existing law section 5326(a), except that the term
``turnkey'' is replaced with the more commonly used term
``design-build'', and references to design-build
``demonstration projects'' are deleted, since design-build
contracting has matured beyond the demonstration phase. In
addition, design-build contracting does not necessarily result
in lower project costs or new technologies and, as a result,
this concept as expressed under section 5326(a)(2) in current
law is removed.
Sec. 3026. Project management oversight and review
This section amends section 5327 of title 49, United States
Code regarding project management oversight activities. The
Secretary is authorized to use .5 percent of section 5311
funds, .75 percent of section 5307 funds, and 1 percent of
section 5309 funds to make contracts for oversight of major
transit construction projects, and to review and audit
recipients' compliance with federal requirements and provide
technical assistance to correct deficiencies identified in such
reviews and audits. This is an increase in the amount set aside
for such activities above levels set under current law, which
provides for .5 percent of section 5307 and section 5311 funds
and up to .75 percent for section 5309 funds. Comprehensive
agency oversight, compliance review, and technical assistance
are necessary for all major grant programs, and particularly
important for major capital grants such as new starts and rail
modernization.
Sec. 3027. Investigations of safety and hazards
This section amends section 5329 of title 49, United States
Code regarding the Secretary's authority to investigate safety
and security risks associated with public transportation
equipment, facilities, or operations financed under chapter 53
of title 49, United States Code. The Secretary may withhold any
amount of a recipient's Federal assistance until a plan to
eliminate, mitigate, or correct the hazard has been approved
and carried out.
Sec. 3028. State safety oversight
This section amends section 5330 of title 49, United States
Code by changing the heading from ``Withholding amounts for
noncompliance with safety requirements'' to reflect the more
commonly used title of ``State safety oversight.'' Under this
section, a State is required to establish and carry out a
safety program plan for rail-based new starts projects.
Commuter rail systems that operate on the general railway
system are subject to the safety rules and oversight of the
Federal Railroad Administration. Amendments to subsection
5330(a) ensure that safety is considered well before a rail-
based new start project begins revenue service. In subsection
5330(d), rail-based new start projects that operate in two or
more States are required to have a unified safety program plan.
Sec. 3029. Controlled substances and alcohol misuse testing
This section amends section 5331 of title 49, United States
Code regarding drug and alcohol testing of public
transportation employees, allowing the Secretary to apply a
single agency's drug and alcohol testing regime if a particular
transportation provider is subject to more than one agency's
rules. Currently, section 5331 authorizes the Secretary to
exclude from FTA drug and alcohol testing those public
transportation providers that are adequately covered by the
Federal Motor Carrier Safety Administration or the Federal
Railroad Administration testing statutes. The amendment to
subsection 5331(a) expands the Secretary's authority to exclude
from FTA testing those public transportation providers that are
adequately covered under other Federal or Departmental testing,
such as the U.S. Coast Guard's testing provisions applicable to
ferryboat employees.
Sec. 3030. Employee protective arrangements
This section amends Section 5333 of title 49, United States
Code making conforming changes to ensure that all federal
public transportation grant programs are subject to fair labor
standards and employee protective arrangements.
Sec. 3031. Administrative procedures
This section amends section 5334 of title 49, United States
Code regarding the Secretary of Transportation and Federal
Transit Administration's authority to administer programs
carried out under chapter 53 of title 49, United States Code.
The Secretary is prohibited from regulating public
transportation provider's routes, schedules, and rates, except
in the case of a national or regional emergency. A new
subsection 5334(c)(5) has been added that requires the FTA to
subject non-regulatory substantive policy statements to a 60-
day public review notice and comment period. Currently, FTA
circulars, letters, or other policy statements can be issued
without the benefit of the same public review and comment
process that is required under the regulatory process. However,
such documents often carry the same weight and penalties as
regulations. An example of this ``unwritten rule'' is the $500
million per project limitation FTA has placed on the Federal
commitment on a full funding grant agreement issued under the
authority of section 5309. Although such a project cost
limitation might be a valid policy, it has not been published
in a form that allows for comment from the affected transit
community. The provision added in subsection (c)(5) will add
transparency to FTA's administrative procedures and provide
opportunity for public review and feedback.
Sec. 3032. National transit database
This section amends Section 5335 of title 49, United States
Code by striking subsection (b) regarding a transferability
report that was completed in 1993 and changing the title of the
section to reflect the remaining provisions regarding the
Secretary's authority to maintain a national reporting system
of public transportation financial and operating information
using a uniform system of accounts. The section header is
amended from the current law title ``Reports and audits'' to
``National transit database'' to reflect the revised contents
of the section.
Sec. 3033. Apportionments based on fixed guideway factors
This section amends Section 5337 of title 49, United States
Code regarding apportionment formulas for the fixed guideway
modernization program. The provision regarding route segments
to be included in the apportionment formula is amended to
delete the ``1997 Standard'' that held eligible rail system
mileage to the number of miles a system reported in fiscal year
1997.
Sec. 3034. Authorizations
This section amends Section 5338 of title 49, United States
Code, making FTA program funds available on an annual basis for
the fiscal year 2004-2009 authorization period. The major FTA
programs are Formula Grants, Capital Investment Grants,
Planning, Research, and Administrative Expenses. Subsections
(a), (c), (d), (e), and (f) break out funding allocations
between fiscal year 2004 and fiscal years 2005-2009. This
organizational structure is adopted to separate the fiscal year
2004 funding, which splits every account's funding between the
Mass Transit Account and the general fund at an 80:20 ratio
(current law structure), from funding for fiscal years 2005-
2009, which is either 100 percent trust funded or 100 percent
general funded. The programs that will be 100 percent trust
funded in fiscal years 2005-2009 are Formula Grants and
Planning, as well as the bus and bus related facilities grants
and the fixed guideway modernization grants under Capital
Investment Grants. The programs that will be 100 percent
general funded in fiscal years 2005-2009 are Research,
Administration, and the new starts and small starts programs
under Capital Investment Grants. This restructuring of the
program financing will prevent an accounting problem with the
spending rate of the Mass Transit Account. By not split-funding
any programs, each program will outlay at its actual spending
rate.
The Formula Grants programs comprise 54 percent of the
total transit programs. There are a number of allocations made
from the total formula grants funding for: new bus model
testing, grants to the Alaska Railroad, over-the-road bus
accessibility equipment costs, the new Transit in the Parks
pilot program, the transit portion of funding for the non-
motorized transportation pilot program authorized in section
1121(b) of the bill, the New Freedom program, the Job Access
and Reverse Commute grant program, and the Clean Fuels grant
program. After these allocations of funds have been made, the
remainder of the aggregate amount is allocated in the following
percentages: 2.5 percent to the elderly and disabled formula
grant program, 8 percent to the nonurbanized formula grant
program, and 89.5 percent to the urbanized area formula grant
program. The percentage shares for the elderly and disabled
program grants and for the nonurbanized formula grants have
been increased over such shares under current law.
The Capital Investment Grants programs comprise 43 percent
of the total transit programs. The four Capital Investment
Grant programs (fixed guideway modernization, new starts, small
starts, and bus and bus-related facilities) receive funding
allocations under section 5309(m). For fiscal year 2004,
funding for these programs is apportioned under subsection
5338(b), with 80 percent of the funding coming from the Mass
Transit Acount and 20 percent from the general fund. In
subsection 5338(g), funding is apportioned for fiscal years
2005-2009 from the Mass Transit Account of the Highway Trust
Fund for bus and bus facilities and fixed guideway
modernization. In subsection 5338(h), funding is authorized to
be appropriated in fiscal years 2005-2009 for new starts and
small starts.
Planning grant fund apportionments to metropolitan areas
and states is provided under subsection 5338(c). For fiscal
year 2004, the funding is split-funded and for fiscal years
2005-2009, the funding is derived from the Mass Transit
Account. The percentage of planning funds allocated to
metropolitan areas is 82.72 percent and 17.28 percent is
apportioned to states for state planning activities. These are
the same percentages as provided under current law. The total
amount of funding authorized for planning activities has been
increased from 1 percent of the total program under current law
to 1.25 percent, in recognition of additional funding needs
resulting from the designation of 46 new urbanized areas in the
2000 Census.
The Research program is funded under subsection 5338(d).
For fiscal year 2004, the funding is split-funded, and for
fiscal years 2005-2009, the funding is authorized to be
appropriated from the general fund. There are a number of
allocations made from the total formula grants funding for: the
transit cooperative research program, management of the
national transit database, the National Transit Institute
transit training facility at Rutgers University, and Project
Action, a national technical assistance program for providers
of transportation services to the disabled. The remainder of
funds under this subsection are available for the national
research and technology programs. In subsection 5338(e),
funding is authorized for university transportation research.
This complements funding made available for these programs
under the Federal-aid Highway program in Title V of the bill.
Funding for administration of the Federal transit programs
is provided under subsection 5338(f). For fiscal year 2004, the
funding is split-funded, and for fiscal years 2005-2009, the
funding is authorized to be appropriated from the general fund.
Sec. 3035. Over-the-road bus accessibility program
This section amends Section 3038 of TEA 21 regarding the
over-the-road bus accessibility program, which provides grants
to intercity and charter bus providers for incremental costs of
equipment to reach compliance with the Americans with
Disabilities Act. The TEA 21 provision regarding Federal share
is amended by increasing the Federal share for such project
costs from 50 percent to 80 percent.
Sec. 3036. Updated terminology
This section amends chapter 53 of title 49, United States
Code by striking ``mass transportation'' and replacing it with
``public transportation.''
Sec. 3037. Project authorizations for new fixed guideway capital
projects
This section lists the projects that are authorized under
the section 5309 new starts and small starts programs for
fiscal years 2004-2009. Existing full funding grant agreements
are listed separately from projects authorized for final design
and construction and those authorized for alternatives analysis
and preliminary engineering.
In subsection 3037(a), 26 new start projects originally
authorized in the Intermodal Surface Transportation Efficiency
Act (ISTEA) or in TEA 21 have continued authorizations with the
amount specified by fiscal year that remains outstanding under
the schedule of federal funds for the project (or ``schedule
6'') attached to each project's full funding grant agreement
contract with the FTA. The first responsibility of the
Appropriations Committees in providing funds for new fixed
guideway capital projects must be to ensure that each project
under a full funding grant agreement receives the full amount
specified for the fiscal year in which it is programmed. Under-
funding full funding grant agreements is very damaging to the
financial management of the project and to the overall capital
and operating budget of the sponsoring agency, and may
jeopardize private financing for the local share of such
project costs.
In subsection 3037(b), new fixed guideway capital projects
that are ongoing projects in the new starts pipeline and are
currently in preliminary engineering or final design are
authorized for final design and construction.
In subsection 3037(c), new fixed guideway capital projects
that have not yet been approved for preliminary engineering by
the FTA or that were not previously authorized under TEA 21 are
authorized for alternatives analysis and preliminary
engineering.
Subsection 3038(d) sets out rules relating to new starts
and small starts funding for the life of the authorization. In
general, all projects that are authorized under subsection (a)
may expend Federal funds only for final design and construction
activities. Projects that are authorized under subsection (b)
may expend Federal funds for final design and construction, and
for alternatives analysis and preliminary engineering
activities. Projects that are authorized under subsection (c)
may expend Federal funds only on alternatives analysis and
preliminary engineering activities. However, on October 1,
2007, projects authorized under subsection (c) shall also be
authorized for final design and construction. Minimum funding
levels are established for appropriations for each fiscal year
in the full funding grant agreement category (subsection a) and
the final design and construction category (subsection b), and
maximum funding levels are established for each fiscal year in
the alternatives analysis and preliminary engineering category
(subsection c). Subsection 3037(b) projects authorized for
final design and construction that execute a full funding grant
agreement with FTA after the date of enactment of this Act are
to be given the full amount indicated in the schedule of
federal funds for the project for each fiscal year under the
agreement.
Subsection 3037(e) amends the project description for the
New Jersey Urban Core project originally authorized in section
3031(d) of ISTEA. This authorization was expanded in TEA 21 and
is further amended in this legislation. Elements of New Jersey
Urban Core project include:
The Secaucus Transfer, which consists of
construction of a new rail transfer station at the
intersection of the Northeast Corridor and the Main,
Bergen and Pascack Valley Lines as well as a rail spur
north to the Meadowlands Sports Complex and a
connection to the Hudson River Waterfront
Transportation System.
The Lackawanna Cutoff, which is the
restoration of passenger rail service between Port
Morris, NJ and Scranton, PA.
The Kearny Connection, which is a connection
in Kearny allowing Morris and Essex Line commuter rail
trains to access the Northeast Corridor to New York.
The Waterfront Connection, which is a
connection allowing Northeast Corridor commuter rail
trains to access the Morris and Essex Lines to Hoboken.
The Northeast Corridor Signal System, which
is the implementation of a high-density signal system
on the Northeast Corridor between Newark and New York
City.
The Hudson River Waterfront Transportation
System, which is being implemented as three segments of
Hudson-Bergen Light Rail. The first segment runs from
Hoboken Terminal south to 34th Street in Bayonne with a
spur to West Side Avenue in Jersey City. The second
segment extends the first segment south from 34th
Street to 22nd Street in Bayonne and north from Hoboken
to Tonnelle Avenue in North Bergen. The third segment
extends the line south from 22nd Street to 5th Street
in Hoboken and North from Tonnelle Avenue to the Vince
Lombardi Park & Ride in Ridgefield. The Hudson River
Waterfront Transportation System also includes
extensions from the Vince Lombardi Park & Ride in
Ridgefield west to Saddlebrook and east to Edgewater.
The Northern Branch Line or the West Shore
Line, which consists of either an extension from the
Hudson River Waterfront Transportation System north
along the Northern Branch freight line to New York
State, or a commuter rail extension north from Secaucus
Transfer and the Meadowlands Rail Spur across the
Meadowlands to the West Shore freight line, which
extends into New York State.
The Newark-Newark International Airport-
Elizabeth Transit Link, which is a light rail project
running from Newark Penn Station south through downtown
Newark into Union County, including Newark Liberty
International Airport Rail Station, the Jersey Gardens
Mall, downtown Elizabeth then proceeding west to
Plainfield.
The rail connection between Newark Penn and
Broad Street stations, which is a light rail circulator
service in downtown Newark, being implemented as the
Newark Elizabeth Rail Link.
The New York Penn Station Concourse, which
is a station expansion project in New York Penn
Station.
The restoration of commuter rail service in
Monmouth, Ocean and Middlesex counties, which consists
of restored rail service from Lakehurst north to
Freehold and proceeding either west to connect with the
Northeast Corridor through Jamesburg or north to
connect with the North Jersey Coast Line in Matawan.
New Jersey Urban Core also provides for the construction of
any appropriate rail service in Passaic County and the
equipment necessary to service all project elements.
Subsection 3037(f) directs that project elements of the New
Jersey Trans-Hudson Midtown Corridor that have been advanced
with 100 percent non-Federal funds shall be given consideration
by the FTA when evaluating the local share of the project in
the new starts rating process, including the purchase of bi-
level rail equipment.
Sec. 3038. Projects for bus and bus-related facilities
This section lists bus and bus facilities projects and
associated funding levels for fiscal years 2006, 2007, and
2008. Each year's designated funding represents one half of the
authorized amount for section 5309 bus and bus facility
projects for that fiscal year.
Sec. 3039. National fuel cell bus technology development program
This section authorizes a new fuel cell bus technology
development program for hydrogen fuel cell and liquid methanol
fuel cell bus technologies, in order to facilitate
thedevelopment of commercially viable fuel cell bus technology and
related infrastructure. The program is limited to three recipients, at
a Federal share of 50 percent.
Sec. 3040. High-intensity small-urbanized area formula grant program
This section establishes a new set-aside program from the
section 5307 urbanized area formula grants that provides a
small bonus grant payment to urbanized areas under 200,000 in
population that operate at a level of service above the
industry average level of service in similarly-sized urbanized
areas in one or more of six performance categories: passenger
miles traveled per vehicle revenue mile, passenger miles
traveled per vehicle revenue hour, vehicle revenue miles per
capita, vehicle revenue hours per capita, passenger miles
traveled per capita, and passengers per capita. These
performance categories and a methodology established for
providing bonus grants were established in the September 2000
FTA report to Congress called ``The Urbanized Area Formula
Program and the Needs of Small Transit Intensive Cities.''
Sec. 3041. Allocation for national research and technology programs
This section establishes seven specific research areas
within the Federal Transit Administration's national research
and technology program, and allocates funding levels in each
fiscal year of the authorization period for these research
areas. These research focus areas were developed through
conferring with the FTA and reflecting priorities established
in the agency's Research and Technology Strategic Plan. The
programmatic structure and funding floors for each research
area will help ensure that adequate funding is provided
throughout the authorization period to establish and carry out
meaningful programs with depth and continuity.
Sec. 3042. Relationship to other laws
Under current law, section 5323(l) requires state-managed
transit grant programs be subject to State transportation
planning requirements in section 135 of title 23, United States
Code. Since all transportation planning programs are now
addressed under chapter 52 of title 49, U.S.C., section 3042
contains a new provision amending section 5323(l) that broadens
the applicability of section 1001 of title 18, prohibiting
fraudulent statements to the Government, to all certificates,
submissions, or statements provided to DOT under Chapter 53 of
Title 49. This language is intended to provide a direct tie
between 18 U.S.C. 1001 and the punitive recourse of ending
financial assistance provided for in the second sentence of new
subsection 5323(l). This language is not intended to, and
should not be construed to, exclude by implication from the
application of 18 U.S.C. 1001 any other matter to which such
section would otherwise apply.
Sec. 3043. Cooperative procurement
This section directs the Secretary to review the practice
of cooperative procurement of transit rolling stock, such as
buses and rail cars. A pilot program is currently underway at
the Federal Transit Administration to determine the benefits of
encouraging cooperative procurement of major capital equipment.
The program consists of three competitively selected grantees,
consortiums of grantees, or members of the private sector
acting as agents of grantees, who will develop cooperative
specifications and conduct joint procurements. For this
program, the Federal share was increased from 80 percent to 90
percent. The Secretary is also directed to consider information
gathered from grantees about cooperative procurement, whether
or not related to the pilot program. The Secretary is directed
to notify the Committee on Transportation and Infrastructure
and the Senate Committee on Banking, Housing, and Urban Affairs
of the results of the cooperative procurement review, and make
a finding of whether this program has sufficient merit to be
formally incorporated in the Federal public transportation
program.
Sec. 3044. Obligation ceiling
This section sets the annual obligation ceiling for Federal
Transit Administration programs authorized by this Act for
fiscal years 2004-2009, including both amounts made available
from the Mass Transit Account of the Highway Trust Fund and
general funds from the U.S. Treasury. The total obligation
authority for each fiscal year is guaranteed to be provided in
the fiscal year for which it is set under the budgetary
firewalls established in section VIII of the bill.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of
2004, Part V
This section provides for the funding reconciliation of
apportionments and allocations made to transit grant recipients
under this Act with the levels of funding already made
available under the Surface Transportation Extension Act of
2004, Part V, which expires May 31, 2005.
Sec. 3046. Special rule for fiscal year 2004
This section states that, where fiscal year 2004 authorized
amounts in this title differ from fiscal year 2004 authorized
amounts in the Surface Transportation Extension Act of 2004,
Part V (STEA Part V), then STEA Part V governs.
TITLE IV--MOTOR CARRIER SAFETY AND TRANSPORTATION
Subtitle A--Commercial Motor Vehicle Safety
The Motor Carrier Safety Improvement Act of 1999 (MCSIA)
(P.L. 106-159) established the Federal Motor Carrier Safety
Administration (FMCSA) within the Department of Transportation
(DOT) on January 1, 2000. Prior to the enactment of MCSIA,
commercial motor vehicle-related crashes resulting in
fatalities and injuries had been steadily climbing and it was
determined that the creation of a separate modal administration
within the DOT would improve truck and bus safety. According to
data compiled by the DOT, large trucks \1\ represent about
three percent of registered vehicles; however, they account for
seven percent of the vehicle-miles traveled on our Nation's
highways, and are involved in about 11 percent of all fatal
crashes.
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\1\ Large truck is defined as a commerical motor vehicle with a
gross vehicle weight of 10,001 pounds or more.
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FMCSA's primary responsibility is to enforce the Federal
motor carrier safety and hazardous materials regulations,
including the requirements governing Mexico-domiciled
commercial motors vehicles operating in the United States.
FMCSA also administers the Commercial Driver's License (CDL)
program, oversees the interstate transportation of household
goods, and all aspects of hazardous materials transportation
via highway. FMCSA has been directed to accomplish these
responsibilities through increased enforcement of the safety
regulations, expedited completion of rulemaking proceedings,
scientific research, and improved commercial driver's licensing
programs.
FMCSA has set a goal of reducing the rate of fatalities in
large truck crashes by 39 percent between 1999, the year prior
to the agency's creation, and 2008, from a rate of 2.7
fatalities per 100 million vehicle miles traveled (VMT) to a
rate of 1.65. The commercial motor vehicle fatality rate,
factoring in increases in VMT, was reduced to 2.28 in 2002, a
reduction of seven percent from 2001 when the rate was 2.45.
The commercial motor vehicle fatality rate reduction in 2002
marked the fifth consecutive year the rate had been reduced.
While the fatality rate has improved, in 2003, 4,986 people
were killed in truck crashes, an increase of 47 deaths over
2002, and 122,000 people were injured. In addition, 723 truck
drivers were killed in 2003, an increase of nearly 5 percent
over the number of 2002 fatalities.
Sec. 4101. Authorization of appropriations
From the day of burro-drawn wagons moving our goods to the
current day intermodal, just-in-time delivery system,
commercial vehicles have always played an important role in our
Nation's economy. To ensure this vital piece of our everyday
lives continues in a safe and efficient manner, the Committee
enacts this legislation. This section provides funding from the
Highway Trust Fund, other than the Mass Transit Account, for
FMCSA to implement safety programs for fiscal years 2004
through 2009. Funding for the Motor Carrier Safety Assistance
Program is authorized in section 4102 of this title.
This bill authorizes FMCSA and its programs to be funded
through contract authority. Under the Transportation Equity Act
for the 21st Century (TEA-21), which was enacted 18 months
prior to the creation of FMCSA, the agency's administrative
expenses were funded through a deduction of the Federal Highway
Administration's (FHWA) administrative expenses. This set-aside
of Federal-aid funds is called a ``takedown''. MCSIA amended
TEA-21 by increasing the takedown to one-third of one percent
from the FHWA's administrative expenses to administer FMCSA
activities. Other than the first year of enactment, the
takedown has proven to be ineffective for funding the motor carrier
safety program adequately. In addition, the takedown has not been able
to respond to additional safety and program needs created with the
implementation of the North American Free Trade Agreement, and the
security improvements needed in response to the terrorist attacks of
September 11, 2001. Therefore, it is appropriate to create new contract
authority for FMCSA expenses. In addition to authorizing administrative
expenses, this section also authorizes three grant programs for
commercial driver's license improvement, border enforcement, and
performance and registration system management, as well as on
authorization to carry out the commercial vehicle information systems
and networks development program.
Sec. 4102. Motor carrier safety grants
An important FMCSA responsibility is managing the Motor
Carrier Safety Assistance Program (MCSAP), which provides
grants to States for the enforcement of the Federal safety and
hazardous materials regulations governing commercial motor
vehicles. Safety enforcement under MCSAP is primarily achieved
through roadside inspections and safety compliance reviews.
MCSAP grants are authorized to provide up to 80 percent of
State program costs. MCSAP was initiated in the early 1980s and
the program has grown in size every year since. From 1997 to
2003, the annual authorization grew from $78.2 million to $189
million. In 2003, MCSAP officers conducted over 2.9 million
commercial motor vehicle and driver inspections nationwide,
with approximately seven percent of drivers and 23 percent of
vehicles placed out of service for violations of the safety and
hazardous materials regulations. Under current law, MCSAP
agencies may be reimbursed for traffic enforcement activities
when those activities are conducted in conjunction with safety
inspections, while conducting weight inspections, or while
conducting a drug interdiction inspection.
Subsection (a) of this section reauthorizes MCSAP, with a
number of changes. In addition to increases in authorized
funding levels, the program would be amended to require the
States to include five new requirements in their annual
commercial vehicle safety plans. The first element requires the
implementation of performance-based activities, including
deployment of technology to enhance the efficiency and
effectiveness of commercial motor vehicle safety programs. The
second element requires States to establish a program ensuring
that all information and data provided to the Secretary that is
used for safety rating purposes, or in identifying high-risk
carriers, is accurate, timely, and complete. The third element
requires States to include in their training manuals, for all
drivers' licensing examinations, information about best
practices for safely sharing the road with trucks and cars.
States are also required to enforce the registration
requirements of section 13902, of title 49, United States Code,
by removing from service vehicles that are unregistered or
operating beyond the scope of their registration. The final
change requires States to conduct highly visible traffic
enforcement programs in locations or corridors that have been
identified as having a high incidence of truck crashes.
Subsection (b) of this section details the new activities
for which States can use funds provided under the Motor Carrier
Safety Assistance Program. These activities include the ability
to conduct traffic enforcement on commercial motor vehicles
without a corresponding safety inspection and on non-commercial
motor vehicles when the behavior of the drivers of smaller
vehicles increases the risk of crashes involving commercial
motor vehicles. The Secretary would also be required to provide
an annual report to Congress detailing the effect these new
activities and requirements have had on commercial motor
vehicle and highway safety.
The Committee intends this new MCSAP authority to be used
in direct relation to conducting highly visible roadside
enforcement activities in high crash corridors. The Committee
intends these changes to establish a commercial motor vehicle
and highway safety program similar to State impaired driving
programs, as well as, ``buckle-up'' campaigns. With these
changes in mind, the Committee has also increased funding for
outreach and education currently conducted by FMCSA. With this
legislation, the outreach program will be jointly managed by
FMCSA and NHTSA. The Committee believes combining enforcement
activities with a robust outreach and education program is
necessary to maximize the results.
Subsection (c) of this section authorizes funding for the
Motor Carrier Safety Assistance Program. This funding is for
the basic grant program, high priority grants, and the new
entrant program. This bill does not continue the incentive
program for MCSAP. By increasing the funding total and removing
the incentive program the Committee will ensure more resources
go to the core function of the MCSAP program, conducting
commercial motor vehicle and driver safety and hazardous
materials inspections.
Subsection (d) of this section provides FMCSA the authority
to provide grants without a matching requirement to the States
to conduct safety audits of new entrant motor carriers. This
subsection also increases the current amount of MCSAP funding
available for high priority activities to 10 percent of the
total funds authorized. The funding may be used for activities
designed to improve all information and data provided to the
Secretary from the State that is used for safety rating
purposes, or for identifying high-risk carriers. In addition,
this subsection also allows the Secretary to use up to
$15,000,000 each fiscal year to conduct safety audits of new
entrant motor carriers described in subsection (c).
Subsection (e) contains a technical amendment.
Sec. 4103. Border enforcement grant
Subsection (a) deletes contract authority funding for
information systems by striking the section 31107 of title 49,
U.S.C., where it currently is located. Funding for information
systems is now included in the administrative expenses.
Subsection (a) also creates a new grant program for border
enforcement activities under the same section.
This grant program is for State enforcement activities at
the Canadian and Mexican borders. No Federal activity would be
conducted using this money. States would be authorized to use
the grants for virtually anything related to Commercial Motor
Vehicles (CMV) safety enforcement and compliance with State and
Federal CMV requirements involving foreign motor carriers,
including the purchase of land and buildings. Grant recipients
could not use Federal funds to replace State funds and they
would be required to maintain the average level of border-
related expenditures during fiscal years 2003-2004. It is
intended, and quite possible, that this money will not be
distributed to every State that shares a border with another
Country, but will only be distributed to States with an
identified need.
These grants do not require a State match.
Subsection (b) includes the conforming amendments necessary
for the changes made in subsection (a).
Sec. 4104. Commercial driver's license improvements
Subsection (a) creates a new program for commercial
driver's license improvement grants. These grants enable States
to improve the implementation of their commercial driver's
license programs. The grants may be used to improve training,
computer software, computer hardware, publications, testing,
quality control, and to hire personnel. However, the funds
received under this program must first be used to ensure the
State has met the commercial driver's license program
improvements that were required in the Motor Carrier Safety
Improvement Act. Unlike the border grants, these funds may not
be used to purchase land or buildings. In order to apply for a
grant, a State must first conduct a self-assessment and
identify deficiencies in their commercial driver's license
program. Based on these assessments, the State will then apply
for the appropriate amount of funding to correct these issues.
The State must also maintain an average level of commercial
driver's license expenditures during the fiscal years 2003-
2004. The government share for these grants is 80 percent. Five
percent of these funds will be set aside for high priority
commercial driver's license activities.
Subsection (b) includes the conforming amendments necessary
for the changes made in subsection (a).
Subsection (c) authorizes the Secretary to redirect up to 5
or 10 percent of the funds a State receives under this program,
if the State is found to be in serious non-compliance with the
commercial driver's license program. The penalty provisions
found in the CDL statutes have been amended to encourage the
Secretary, through more flexibility, to assess penalties for
non-compliance.
Sec. 4105. Hobbs Act
Subsection (a) amends the Hobbs Act to make explicit the
interpretation given to that act by a series of decisions of
the U.S. Circuit Courts of Appeals. In 1966, when theDepartment
of Transportation (DOT) was created, Congress transferred
responsibility for regulating motor carrier safety and driver
qualifications from the former Interstate Commerce Commission (ICC) to
the Department. Sections 351(a) and 352 of title 49 provide for the
same method of judicial appeal from actions based on these transferred
functions as would have been required had the functions remained with
the ICC. Prior to 1966, ICC orders were reviewed by three-judge
District Courts, with a right of direct appeal to the Supreme Court. In
1975, Congress altered the path of review for ICC actions, substituting
for the three-judge District Court, a right of direct appeal to the
Court of Appeals for the relevant jurisdiction. This statute is known
as the Hobbs Act (28 U.S.C. 2321, 2342). The ICC was abolished in 1995
and most of its remaining functions were transferred to the newly
created Surface Transportation Board (STB) or to FMCSA. The
corresponding revisions to the Hobbs Act, however, created uncertainty.
That raised the question whether an action by FMCSA
pursuant to the safety authority transferred in 1966 could
still be reviewed by the Courts of Appeal, since section
2342(3)(A) applied to the commercial statutes, while section
2342(5) applied to actions of the STB.
Subsection (a) ensures that both of these issues would be
covered by inserting in section 2342(3)(A) a reference to
``subchapter III of chapter 311, chapter 313, and chapter 315
of Part B of subtitle VI of title 49.'' FMCSA's safety statutes
are codified there, including statutes enacted after 1966. All
safety statutes would thus be subject to exclusive review by
the Courts of Appeal.
Subsections (b) and (c) simply replace the term ``Federal
Highway Administration'' with ``Federal Motor Carrier Safety
Administration'' in 49 U.S.C. 351(a) and 352. The ICC's motor
carrier safety functions were exercised by FHWA until the fall
of 1999 and were statutorily entrusted to FMCSA when it was
created on January 1, 2000. Because FHWA retains no duties or
powers transferred from the ICC, sections 351(a) and 352 should
refer to FMCSA.
Sec. 4106. Penalty for denial of access to records
FMCSA investigators have broad authority to inspect and
copy motor carrier and shipper records (see 49 U.S.C. 504(c),
31133(a)). The majority of carriers and shippers readily grant
access to requested records, however, some deliberately impede
the investigative process by refusing to set an audit date, or,
after setting a date, by ordering investigators off the
premises--occasionally with a show of force. Others take a more
subtle approach, feigning illness or declaring an ``emergency''
during the audit; pleading inability to produce records because
of the absence of key personnel; or delivering documents at a
pace designed to prolong the audit beyond the time available to
the investigator.
FMCSA can issue an administrative subpoena for documents,
and the refusal to comply requires the agency to file an action
in Federal court to enforce the subpoena. This process, though
effective, is relatively slow and labor-intensive, and the cost
to a carrier or shipper who does not seriously contest the
action is minimal.
New section 521(b)(2)(E) creates a financial penalty to
dissuade any uncooperative carriers or shippers from denying or
impeding FMCSA's legitimate access to records.
Sec. 4107. Medical Review Board
This section requires FMCSA to establish a Medical Review
Board to serve as a source of up-to-date medical advice for
FMCSA on matters related to driver qualification rules,
guidelines for medical examiners, and standards for medical
exemptions under 49 U.S.C. 31315(b).
The Committee has included a provision to establish a five-
member Medical Review Board to make recommendations on medical
standards for commercial drivers, medical examiner education,
and medical research. Due to the variety of motor carrier
operations and the sheer number of commercial drivers, the
Committee did not get overly prescriptive in describing how
FMCSA should conduct this proposal. With over 6.5 million
commercial drivers requiring biennial medical certifications,
permitting FMCSA to set the standard for who should be allowed
to conduct physical examinations, with the help of the Medical
Review Board, is the most feasible way to ensure no disruption
in the medical certification system currently in place. Having
this provision will ensure medical examiners know the driver
qualification standards and guidelines, while understanding the
mental and physical demands involved in driving a commercial
motor vehicle.
Sec. 4108. Increased penalties for out-of-service violations and false
records
Subsection (a) doubles the penalties for recordkeeping
violations under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each
day the offense continues, or up to $10,000 for an offense that
misrepresents a non-recordkeeping violation. Recordkeeping
violations frequently have no other purpose than to conceal a
safety violation, and they often succeed. Higher penalties
reduce both the number of recordkeeping violations and the
number of safety violations as well.
The current penalties under 49 U.S.C. 31310(i)(2) for a
driver who violates an out-of-service (OOS) order are, for a
first offense, a 90-day disqualification from operating a CMV
and a civil penalty of at least $1,000, and for a second
offense, disqualification for one to five years and a civil
penalty of at least $1,000. An employer who knowingly allows or
requires a driver to violate an OOS order is subject to a civil
penalty of up to $10,000. OOS orders can be issued for a
variety of reasons: for failure to pay civil penalties on
schedule, for having an unsatisfactory safety rating, for
violating the agency's hours-of-service or equipment
regulations, or because the motor carrier constitutes an
imminent hazard. Enforcement officers cannot afford to spend
hours monitoring a single OOS vehicle, and tracking possible
movements of an entire OOS fleet is even more difficult. As a
result, many OOS orders are violated. One effective deterrent
to violating an OOS order is to raise the cost to violators.
Subsection (b) increases to a maximum of $25,000 the civil
penalty for a motor carrier that knowingly orders a driver to
proceed despite an OOS order. Subsection (b) also increases a
driver's penalty for a first offense to a 180-day
disqualification and a civil penalty of at least $2,500, and,
for a second offense, to a two-to five-year disqualification
and a civil penalty of up to $5,000.
Sec. 4109. Commercial vehicle information systems and networks
deployment
This section transfers the commercial vehicle information
system and networks deployment program from FHWA to FMCSA in
order to streamline the grant process. Historically, FMCSA has
been responsible for implementing and deploying this program
with the money passing through FHWA. This streamlined process
is intended to ensure the completion of the core deployment of
commercial vehicle information systems and networks. It also
will help with the expanded deployment of the program.
Subsection (a) provides general direction to carry out the
commercial vehicle information systems and networks deployment
program .
Subsection (b) describes the overall purpose of the
commercial vehicle information systems and networks deployment
program.
Subsection (c) requires the Secretary to make grants of up
to $2.5 million for the core deployment of commercial vehicle
information systems and networks. A State that has previously
received funding for the core deployment of commercial vehicle
information systems and networks would receive a grant that has
been reduced by the amount of funds previously received for
core deployment. States that have not previously received
funding for core deployment would receive a grant of $2.5
million. To be eligible for a core deployment grant, a State
must have a program plan and must certify that its activities
are consistent with National Intelligent Transportation Systems
and Commercial Vehicle Information Systems and Networks
architectures and available standards, and must agree to
execute a successful interoperability test. The use of the
grant would be limited to core deployment activities.
Subsection (d) authorizes the Secretary to make grants to
States for the expanded deployment of commercial vehicle
information systems and networks. The amount of the grants is
determined by the amount of funds that remain after the core
deployment grants have been made and by the number of States
that request an expanded deployment grant. The maximum expanded
deployment grant that may be given to a State in a fiscal year
would be $1 million. Only States that have completed core
deployment would be eligible for an expanded deployment grant.
Subsection (e) describes the eligibility requirements to
receive these grants.
Subsection (f) provides that the Federal share of grant
funds under this section is 50 percent. The Federal share for
funds used for commercial vehicle information systems and
networks from all eligible sources would be 80 percent.
Subsection (g) provides definitions for terms used in this
section.
Subsection (h) repeals Section 5209 of TEA-21 that
established the commercial vehicle information systems and
networks program.
Sec. 4110. Safety fitness
As defined in 49 U.S.C. 31132(1), a vehicle is not a
commercial motor vehicle unless it operates in interstate
commerce. One of the implications of the definition is that the
Secretary's authority to determine the safety fitness of CMV
owners and operators encompasses the accident and safety
inspection record of such companies or individuals on
interstate trips, but not on intrastate trips. Most interstate
motor carriers also have substantial intrastate operations.
For purposes of safety, it is artificial and
counterproductive to create two classes of accidents and safety
inspection data--one subject to Federal jurisdiction, the other
not--when both involve the same vehicles, drivers, dispatchers,
mechanics, and safety management controls, and may cause the
same kind of death, injury, or physical damage. In examining a
motor carrier's accident and inspection data, it is often
difficult, and sometimes impossible, to determine whether the
vehicle involved was making an interstate or intrastate trip.
In order to simplify and rationalize the analysis of
accident data and provide a complete picture of the safety of
motor carrier operations, subsection (a) requires the
Secretary, in the course of determining the safety fitness of
commercial motor vehicle (i.e., interstate) owners and
operators, to consider the accident and inspection record of
such owners and operators both on interstate and intrastate
trips.
In addition, owners and operators of commercial motor
vehicles who are determined to be unfit and prohibited from
operating in interstate commerce, are also prohibited by
subsection (b) from operating commercial motor vehicles in
intrastate commerce until they are able to demonstrate their
fitness.
Subsection (c) directs the Secretary to place all
interstate operations of a motor carrier out of service if a
State, using the Federal safety fitness standards prescribed
under 49 U.S.C. 31144(b), has placed out of service the
intrastate operations of a carrier that has its principal place
of business in that State.
A Federal safety determination that an interstate motor
carrier is unfit would thus halt both its interstate and
intrastate operations, while a State safety determination that
an intrastate carrier is unfit will halt both its intrastate
and any interstate operations.
This subsection also provides the Secretary the authority
to make grants to the States to conduct new entrant safety
audits. This funding requires no State match; however, if the
Secretary determines that a State is unable to use government
employees to conduct these activities, the Secretary may
utilize the funding to conduct new entrant audits with Federal
resources.
Sec. 4111. Pattern of safety violations by motor carrier management
Some motor carrier managers and brokers order, encourage,
or tolerate widespread regulatory violations and, when caught,
declare bankruptcy, rename the company and reshuffle the
managers' titles, sell its assets to a pre-existing shell
corporation owned and managed by the same people, or otherwise
attempt to evade the payment of civil penalties, obscure the
identity of the company and thus its violation record, and
perpetuate a casual indifference to regulatory compliance and
public safety. Although the total number of such managers and
brokers are small, their actions create risks disproportionate
to their numbers.
This section addresses these problems. It amends 49 U.S.C.
31135 to authorize the Secretary to suspend, amend, or revoke
the registration of a for-hire motor carrier if any of its
officers has engaged in a pattern or practice of avoiding
compliance, or concealing non-compliance, with Federal
standards. The Secretary could also deny an application to
register as a for-hire motor carrier if any of the proposed
officers of the company has engaged in a pattern of non-
compliance. In this context, ``officer'' means owner, chief
executive officer, chief operating officer, chief financial
officer, safety director, vehicle maintenance supervisor,
driver supervisor, and any person exercising controlling
influence over operations of a motor carrier.
This provision does not apply to all officers whose
companies are found to be in violation of the Federal safety
rules. Rather, it is intended to authorize the Secretary to
force out of the industry those few who have shown unusual and
repeated disregard for compliance.
Sec. 4112. Motor carrier research and technology program
This section authorizes a comprehensive FMCSA research and
technology program under section 31108 of title 49, U.S.C. The
goal is to support--through contracts, cooperative agreements,
and grants--research designed to produce innovative advances in
motor carrier, driver, and passenger safety. Equally critical,
however, is the transfer of promising results--whether
technical or operational--to potential users and rapid
deployment of the products of research and development.
The Federal share of the cost of activities carried out
under a cooperative research and development agreement could
not exceed 50 percent, except if there is substantial public
interest or benefit, the Secretary could approve a greater
Federal share.
Sec. 4113. International cooperation
This section authorizes the Secretary, and thus FMCSA, to
engage in international activities. This kind of authority is
necessary to aid in implementing the North American Free Trade
Agreement and to carry on discussions with U.S. trading
partners concerning a variety of safety issues.
Sec. 4114. Performance and registration information systems management
Subsection (a) updates the current statute to more closely
follow how the performance and registration information systems
management (PRISM) program is currently administered.
Subsection (b) establishes a new separate grant program for
PRISM. These grants do not require a State match.
Sec. 4115. Data quality improvement
This section adds language to the current information
systems requirements to ensure that the data FMCSA receives
from the States is complete, timely, and accurate.
Sec. 4116. Driveaway saddlemount vehicles
This section creates a new national standard for the
maximum length of drive-away saddlemount with fullmount vehicle
transporter combinations operated on the Interstate Highway
System.
Sec. 4117. Completion of uniform carrier registration
This section repeals the single state registration system
and requires FMCSA to complete a rule-making for an on-line
registration system to replace the old registration system
originally administered by the Interstate Commerce Commission.
This rule-making must be completed within one year.
Sec. 4118. Registration of motor carriers and freight forwarders
This section harmonizes the jurisdictional reach of the
commercial and the safety statutes by eliminating the
requirement for motor carriers to register if they are not
subject to the Federal motor carrier safety regulations.
Sec. 4119. Deposit of certain civil Penalties into highway trust fund
This section amends current law to deposit all civil
penalties collected from motor carriers for violations of the
Federal insurance requirements into the Highway Trust Fund,
other than the Mass Transit Account.
Sec. 4120. Outreach and education
This section authorizes the Secretary to conduct an
outreach and education program through the FMCSA and NHTSA to
promote highway safety. Elements of the program shall include a
comprehensive national effort to educate commercial motor
vehicle and passenger vehicle drivers about how to share the
road safely with each other, as well as an emphasis on traffic
enforcement aimed at reducing the most common driving behaviors
that cause or contribute to crashes, similar to such programs
as ``Click It or Ticket'' and drunk driving awareness
campaigns. The Secretary is required to provide an annual
report each year demonstrating the programs and activities
carried out under this section.
The Committee has significantly increased the funding for
the outreach and education program currently conducted by
FMCSA, but with this legislation, the outreach program will be
jointly managed by FMCSA and NHTSA. Although the Committee
believes a strong enforcement program is important for
improving commercial motor vehicle and highway safety,
combining enforcement activities with a robust outreach and
education program is necessary to maximize the results. Also,
consistent with the recommendations in the U.S. General
Accounting Office report GAO-03-680, the Committee recommends
that the outreach and education activities conducted by FMCSA
are directly linked to the program's goal and establish a
systematic process for evaluating the effectiveness of the
program.
Sec. 4121. Insulin-treated diabetes mellitus
This section requires the Secretary to allow individuals
who use insulin to treat their diabetes to operate commercial
motor vehicles in interstate commerce without requiring the
individual to have experience operating a commercial motor
vehicle while using insulin.
The Committee directs FMCSA to issue a final rule to amend
the current exemption program to allow individuals who use
insulin to treat their diabetes to operate commercial motor
vehicles in interstate commerce that is consistent with the
findings of the expert medical panel report issued in July
2000. That report concluded that individuals could be qualified
to operate a commercial motor vehicle following a one- to two-
month period of adjustment to insulin use. This provision is
intended to preempt FMSCA's notice of final disposition issued
September 3, 2003, which requires an individual to have three
years of experience operating a commercial motor vehicle in
intrastate commerce while using insulin for treatment of
diabetes before the individual could qualify to drive in
interstate commerce. According to the American Diabetes
Association, approximately 20 States do not have an intrastate
exemption program for insulin-dependent commercial drivers,
therefore, these drivers would never be able to meet the
Federal requirement to drive in interstate commerce. The
Committee is concerned that by issuing a notice of final
disposition that is inconsistent with the finding of FMCSA's
own expert medical panel, qualified drivers may not be able to
get employed or stay employed.
Sec. 4122. Grant program for commercial motor vehicle operators
This section establishes a grant program to train drivers
and future drivers of commercial motor vehicles to operate such
vehicles in a safe manner.
Sec. 4123. Commercial motor vehicle safety advisory committee
This section requires the establishment of a commercial
motor vehicle safety advisory committee to provide advice and
recommendations on a range of commercial motor vehicle safety
issues. Members are appointed by the Secretary and include
representatives of industry, drivers, safety advocates,
manufacturers, safety enforcement officials, representatives of
law enforcement agencies from border States, and other
individuals affected by rulemakings. No one interest may
constitute a majority. The advisory committee should provide
advice to the Secretary on commercial motor vehicle safety
regulations and other matters relating to activities and
functions of FMCSA.
Sec. 4124. Safety data improvement program
This section establishes a grant program to the States
dedicated to improving the accuracy, timeliness, and
completeness of the data provided to the Secretary. Prior to
receiving a grant under this section, the State must complete
an audit of its safety data system and develop a plan
recognizing the needs and goals for improving its safety data
system. The Secretary must provide a report every two years on
the results of the program carried out under this section.
The Safety Data Improvement program is intended to address
safety data problems identified in the DOT Inspector General's
audit of FMSCA's database. FMSCA's limited resources require
focusing on the motor carriers who are considered most ``at
risk''. In order to do this, the data FMCSA uses for selecting
carriers must be accurate, and timely. The Committee is
concerned that without additional funding, the States may have
trouble improving their data reporting.
Sec. 4125. Commercial driver's license information system modernization
This section creates a grant program to be used to
modernize the commercial driver's license information system
(CDLIS). Since the creation of CDLIS, improvements to the
database and operability of the system have not kept up with
improvements in technology. This program helps to modernize the
system and improve the State licensing and Federal enforcement
personnel's ability to access necessary information.
This section also allows the Secretary to conduct a pilot
project in 3 States to evaluate a program for sharing
information about all drivers' licenses, both commercial and
non-commercial, between States.
Sec. 4126. Maximum hours of service for operators of ground water well
drilling rigs
For operators of commercial motor vehicles transporting
ground water well drilling rigs, this section preserves the 24-
hour restart provision enacted in the NHS Designation Act and
provides that no additional off-duty time (greater than 10
hours) shall be required to operate the vehicle.
Sec. 4127. Safety performance history screening
In order to improve motor carrier safety, this provision
requires the Secretary to provide companies conducting pre-
employment screening services for motor carrier employers,
electronic access to commercial motor vehicle accident reports
involving a driver-applicant that are collected and maintained
by FMCSA in its Motor Carrier Management Information System
(MCMIS). The accidents reported to FMCSA must meet the accident
definition found in 49 CFR 390.5.
This provision also requires the Secretary to provide
electronic access to roadside safety inspection reports
involving a driver-applicant that resulted in a serious driver-
related safety violation. This electronic access may be
accomplished only after the prospective employer obtains
written consent of the driver applicant. This safety compliance
and performance information is unique to MCMIS and, therefore,
is not found on any other national database. Prohibiting the
release of this driver safety information unless expressly
authorized or required by law protects driver privacy. The
Secretary may require a fee from companies conducting pre-
employment screening services to cover necessary administrative
costs to implement this screening service.
Sec. 4128. Intermodal chassis roadability rule-making
This section directs the Secretary to initiate a rule-
making to ensure that equipment used to transport intermodal
chassis are safe. The rulemaking must be completed no later
than 1 year after enactment of this bill and must address a way
to identify the equipment owner, a civil penalty structure, a
petition process, and an inspection system.
Sec. 4129. Substance abuse professionals
This section requires the Secretary to update the current
regulatory definition of a substance abuse professional to
include State licensed or certified mental healthcounselors, as
well as individuals certified as addiction specialists by the American
Academy of Health Care Providers in the Addictive Disorders.
Sec. 4130. Interstate van operations
This section directs the Secretary to extend the Federal
motor carrier safety regulations found in 49 Code of Federal
Regulations, Parts 387, 390 through 399 to all operations of
commercial motor vehicles designed to transport between nine
and fifteen passengers (including the driver), regardless of
their operational distance. This section amends the final rule
issued by the DOT on August 12, 2003.
The Committee intends the Secretary to address this
situation through the rulemaking process. As part of the
rulemaking, the Secretary shall amend the final rule addressing
commercial motor vehicles transporting nine to fifteen
passengers to specifically exempt vanpool operations as defined
by section 132(f) of the Internal Revenue Code. The rulemaking
also exempts stretch sedan limousines that are designed to seat
nine to fifteen passengers. The rulemaking does not exempt SUV
stretch limousines, or super stretch sedan limousines that are
designed to seat sixteen or more passengers (including the
driver).
Sec. 4131. Hours of service for operators of utility service vehicles
This section provides an exemption for drivers of utility
service vehicles from federal, State, and local laws, rules,
regulations, or standards that limit the number of hours
operators of utility service vehicles may remain on duty.
Sec. 4132. Technical corrections
Subsection (a) adds the Administrator as a member of the
Intermodal Transportation Advisory Board.
Subsection (b) changes the reference from ``Regional
Director'' to ``Field Administrator'', that position's correct
title since the creation of the FMCSA in the Motor Carrier
Safety Improvement Act of 1999.
Sec. 4133. Intrastate and foreign operations of interstate motor
carriers
This provision permits DOT to determine whether a motor
carrier or operator is fit to operate a commercial motor
vehicle by considering their safety record while operating in
interstate, intrastate, and Canadian and Mexican commerce.
Sec. 4134. Operators of vehicles transporting agricultural commodities
and farm supplies
This section continues to allow for operators of vehicles
transporting agricultural commodities and farm supplies to not
be subject to federal, State, and local laws, rules,
regulations, or standards that limit the number of hours motor
vehicle operators may remain on duty. This applies to operators
transporting agricultural commodities during planting and
harvest periods within a 100 air mile radius from the location
of the distribution point for the farm supply.
Sec. 4135. Hours of service rules for operators providing
transportation to movie production sites
This section permits operators of commercial motor vehicles
transporting property or passengers to or from a movie or
television production site to be regulated by the Hours of
Service regulations in effect on April 27, 2003.
Subtitle B--Household Goods Transportation
Oversight of the interstate household goods moving industry
had been the responsibility of the Interstate Commerce
Commission (ICC) prior to the ``sun-setting'' of the ICC by the
ICC Termination Act of 1995. Most Federal oversight
responsibilities for the transportation of household goods were
transferred to the FHWA and later transferred to FMCSA upon
enactment of MCSIA in 1999. FHWA and then FMCSA, focused their
limited resources on its primary mission of highway safety,
rather than on consumer protection. The lack of Federal
oversight has permitted unscrupulous ``rogue'' household goods
movers to exploit this regulatory gap.
Subtitle B of title IV of this bill provides greater
protection to consumers shipping their household goods via
motor carrier. However, the provisions in Subtitle B of title
IV of this bill only relate to the movement of household goods
motor carriers and brokers. For purposes of this subtitle,
``household goods motor carrier'' means a carrier that provides
as part of its transportation services the inventorying,
packing, unpacking, loading, and Unloading of household goods.
Sec. 4201. Federal-State relations relating to transportation of
household goods
This section confers authority to a State Attorney General
of any state to bring a civil action on behalf of its residents
in an appropriate district court of the United States to compel
a motor carrier to relinquish possession of a household goods
shipment or to pay a civil penalty assessed under section
14915.
For purposes of bringing any civil action under this
section, nothing in this section shall prevent a State 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 to compel the attendance of witnesses or
the production of documentary and other evidence.
Whenever a civil action has been instituted on a defendant
by, or on behalf of, the Secretary for violation of any
provision specified in this section, a State may not institute
a civil action under this section. A civil action under this
section may be brought in the district in which the defendant
is found, resides, or transacts business or whenever venue is
proper under section 1391 of title 28.
This section allows State attorneys general to pursue civil
penalties in any appropriate district court of the United
States in cases where a ``rogue mover'' committed repeated
violations of holding household goods hostage. This ability to
enforce Federal law by State officials will be a huge step
towards improving the consumer protection that has been lacking
since the termination of the ICC, and will help augment the
limited Federal resources currently available. Although, this
additional power may be seen by some as an infringement on the
long-standing ``Carmack'' amendment, the Committee was careful
not to touch upon any more than was necessary to ensure proper
enforcement at the State level.
Sec. 4202. Arbitration requirements
This section requires household goods carriers to offer
shippers arbitration on all matters related to loss and damage,
including disputes about charges. This section also increases
the threshold for binding arbitration from $5,000 to $10,000.
These two changes will provide the consumer with more options
for settling disputes when they arise.
Sec. 4203. Civil penalties relating to household goods brokers and
unauthorized transportation
This section creates civil penalties for household goods
brokers who provide estimates prior to entering into a contract
with a household goods mover. This section also creates a civil
penalty for anyone who transports household goods in interstate
commerce without having the authority to conduct that activity.
Sec. 4204. Civil penalty for holding household goods hostage
This section creates civil penalties for anyone who holds a
person's household goods hostage once full payment (up to 110%
of the estimate) has been made. The civil penalty for holding
household goods hostage shall not be less than $10,000, and if
the person holding the goods hostage is a motor carrier, the
carrier's operating authority will be suspended for 6 months.
This legislation codifies existing regulations that require
a carrier to give up possession of a household goods shipment
provided the shipper pays the mover 100 percent of a binding
estimate of the charges, or 110 percent of a non-binding
estimate of the charges.
One of the most important parts of Subtitle B of Title IV,
is the new definition and penalties for the practice of holding
household goods hostage. This situation arises when a household
goods motor carrier informs the shipper that the charges for
shipping or unloading the shipper's possessions have double,
tripled, or even quadrupled, and the only way the carrier will
unload the goods is upon payment of these higher charges. These
actions, conducted primarily by ``rogue movers,'' have gone
largely unchecked in recent years. With the addition of civil
penalties, Federal and State enforcement personnel have
tremendous powers to prosecute these individuals.
Sec. 4205. Working group for development of practices and procedures to
enhance Federal-State relations
This section requires the Secretary to create a working
group of State attorney generals, State consumer protection
administrators and Federal and local law enforcement officials
for the purpose of developing uniform enforcement procedures
with respect to interstate transportation of household goods.
Sec. 4206. Consumer handbook on DOT Web site
This section requires the Secretary to publish a handbook
about consumer's rights in readily understandable language and
display it prominently on the DOT Web site.
Sec. 4207. Release of household goods broker information
This section requires the Secretary to modify the
regulations to require household goods brokers to provide
shippers, or potential shippers, with information about the
motor carriers the broker uses, the broker's DOT identification
number, the general information handbook, and a statement that
the broker is not a motor carrier.
The Committee intends to deter the current practice of some
brokers who advertise over the Internet, providing a low
estimate without seeing the items to be shipped, then trying to
find a carrier to transport the household goods without regard
to the rate the broker quoted the shipper.
Sec. 4208. Consumer complaint information
This section requires the Secretary to establish a system
for logging consumer complaints about household goods movers in
a database accessible to the public. This section also requires
the Secretary to establish a way for carriers to correct any
incorrect information on the database. The Secretary is
encouraged to use this information when determining which
carriers should be the subject of a commercial investigation.
Sec. 4209. Insurance regulations
This section directs the Secretary to review current
regulatory requirements regarding insurance coverage provided
by household goods motor carriers to shippers. The review
should determine whether the current regulations provide
adequate protection, whether the shipper should purchase
insurance as opposed to the carrier, and whether there are
abuses of the current regulations that leave shippers
unprotected.
Sec. 4210. Estimating requirements
This section requires household goods motor carriers to
provide written estimates for shipments of household goods.
When providing these estimates, the motor carrier must conduct
a physical survey of the household goods to be transported. A
shipper may waive the on-site survey, but a copy of the waiver
must accompany the estimate and remain as an addendum to the
bill of lading.
This section also provides definitions of binding, and non-
binding, estimates. The binding estimate guarantees the total
cost of the move based upon the quantities and services shown
on the estimate.
Sec. 4211. Application of State consumer protection laws to certain
household goods carriers
This section requires the GAO to conduct a study of the
impact on motor carriers and shippers of household goods if
State attorneys general and consumer protection agencies were
allowed to enforce their State consumer protection laws and
regulations with respect to interstate transportation of
household goods. The GAO shall provide a report to Congress on
the results of this study within 18 months of the date of
enactment of this Act.
Sec. 4212. Applicability to household goods motor carriers
This section defines household goods motor carrier as in
the business of providing transportation of household goods,
and offering some or all of the following services: binding and
non-binding estimates, inventorying, protective packing and
unpacking of individual items, and loading and unloading at
personal residences.
Sec. 4213. Violations of out-of-service orders
This section creates criminal liability for household goods
motor carriers who knowingly and willfully operate a commercial
motor vehicle in violation of an out-of-service order.
Sec. 4214. Criminal penalty for holding goods hostage
This section creates a criminal penalty for a household
goods motor carrier who knowingly and willfully holds household
goods hostage by falsifying documents or demanding payment of
charges for services that were not performed or were not
necessary.
TITLE V--RESEARCH
Subtitle a--funding
Sec. 5101. Authorization of appropriations
This section provides authorizations for the programs in
the Research Title. The Surface Transportation Research Program
and the Technology Deployment program, which were separate
programs in the Transportation Equity Act for the 21st Century
(TEA 21), are now merged into one program--the Surface
Transportation Research, Development, and Deployment Program.
Sec. 5102. Obligation ceiling
This section establishes the obligation ceiling for fiscal
years 2004 through 2009.
Sec. 5103. Findings
This section includes congressional findings related to the
importance of transportation research and development.
Subtitle B--Research, Technology, and Education
Sec. 5201. Research, technology and education
This section establishes basic principles for
transportation research, including the federal responsibility
and role, stakeholder input, competition, and performance
review. This section provides the Secretary with authority to
enter into cooperative agreements and establishes a mechanism
to facilitate ``pooled funding'' of projects when several
states wish to fund a research project of common interest to
those states.
One of the principles governing research and technology
investments directs that the Federal highway research program
would become more oriented toward exploratory advanced
research. The 20-year Long-Term Pavement Performance Program,
initiated in the late 1980's will be continued to its
conclusion in 2009. The role and function of the Turner-
Fairbank Highway Research Center is codified in law.
Sec. 5202. Long-term Bridge Performance Program; Innovative Bridge
Research and Deployment Program
This section establishes a 20-year Long-Term Bridge
Performance Program, modeled on the Long-Term Pavement
Performance Program. An Innovative Bridge Research and
Deployment program to demonstrate innovative designs and
construction methods for the construction, repair and
rehabilitation of bridges is established.
Sec. 5203. Surface Transportation Environment and Planning Cooperative
Research Program
This section establishes a new research program to study
the interaction between transportation and the environment. The
program will be managed and administered by the National
Academy of Sciences. An Advisory Committee, appointed by the
Secretary, and with a balanced membership representing
transportation and environmental perspectives, will recommend
the national research agenda for this program.
Sec. 5204. Technology deployment
This section establishes an Innovative Pavement Research
and Deployment program to demonstrate innovative pavement
technologies, practices, and performance. The goals of this
program include new, cost-effective designs to extend pavement
life and performance, and the reduction of both initial cost
and life-cycle cost of pavements. A Safety Innovation
Deployment Program is established to foster the deployment and
evaluation of safety technologies and innovations at State and
local levels.
Sec. 5205. Training and education
The National Highway Institute--the training office of the
Federal Highway Administration--is continued and the general
topics for courses that it develops and administers are
specified. The Local Technical Assistance program is
reauthorized. The federal share for State LTAP grant recipients
is up to 50 percent and the share for tribal technical
assistance centers is 100 percent. Federal law is revised to
allow states to spend NHS, IM, STP, CMAQ, and Bridge funds for
transportation workforce development, training, and education.
The federal share is 100 percent for the workforce development
activities. This section also authorizes the Garrett A. Morgan
Technology and Transportation Education program.
Sec. 5206. Freight Planning Capacity Building
This section establishes a Freight Planning Capacity
Building Program to improve the capabilities of Metropolitan
Planning Organizations (MPOs) and other planning agencies in
transportation planning for freight.
Sec. 5207. Advanced Travel Forecasting Procedures Program
TRANSIMS is a state-of-the-art travel forecasting model
that will have special utility for large MPOs in areas with air
quality problems. Funding grants to states and MPOs will
support deployment of this forecasting model.
Sec. 5208. National Cooperative Freight Transportation Research Program
The National Academy of Sciences will manage and administer
a freight transportation research program. The program's
purpose is to discover improved ways to provide surface
transportation mobility for freight movement. An Advisory
Committee will be appointed by the Academy and will include a
representative cross-section of freight stakeholders. The
Advisory Committee is directed to recommend a national research
agenda for this program.
Sec. 5209. Future Strategic Highway Research Program
This section establishes the Future Strategic Highway
Research Program (F-SHRP), which is to be carried out by the
National Academy of Sciences. F-SHRP is modeled on the
Strategic Highway Research Program that was established by
Congress in 1987. TEA 21 directed a study be conducted to
determine the research agenda for a new strategic highway
research program. F-SHRP will carry out the recommendations
made by the study and will focus on four specific research
areas--renewal of aging highway infrastructure, human factors
related to highway safety, reducing highway congestion, and
planning and designing new highway capacity. Projects and
researchers will be selected to conduct research for the
program on the basis of merit and open solicitation of
proposals.
Sec. 5210. Transportation Safety Information Management System Project
Funding is provided over two years to develop a software
system that will link driver licensing, vehicle registration,
roadway inventory, and motor carrier databases. The purpose of
this system is to more easily identify the cause of accidents,
injuries, and fatalities, so that appropriate countermeasures
can be developed.
Sec. 5211. Surface Transportation Congestion Relief Solutions Research
Initiative
Two independent research programs are established to assist
State DOTs and MPOs in measuring and addressing surface
transportation congestion problems. These research programs
will focus on the effectiveness of Congestion Management
Systems and identify the best methods for acquiring and
reporting congestion information. Funding is included for
technical assistance and training.
Sec. 5212. Motor Carrier Efficiency Study
This section provides funding to study the use of wireless
technology to improve the safety and productivity of motor
carrier freight transportation. The study will assess use of
wireless technologies in fuel monitoring and management, Radio
Frequency Identification technology, electronic manifest
systems, and cargo theft prevention.
Sec. 5213. Transportation research and development strategic planning
This section directs the Secretary to develop a five-year
strategic plan for transportation research and development. The
plan will describe the primary purposes of the transportation
research and development program and describe the topic areas
the Department intends to pursue to accomplish each purpose.
Sec. 5214. Limitation on Remedies for Future Strategic Highway Research
Program
This section makes claims against the National Academy of
Sciences, for activities conducted under 510 U.S.C. 23, subject
to the same limitations and exceptions applicable to claims
against the United States.
Sec. 5215. Center for Transportation Advancement and Regional
Development
This section establishes a Center for Transportation
Advancement and Regional Development to assist, through
training and research, the development of rural and small
metropolitan transportation systems.
Subtitle C--University Transportation Research; Scholarship
Opportunities
Sec. 5301. National University Transportation Centers
This section provides for national university
transportation centers and states that the role of such centers
shall be to advance significantly transportation research on
critical national transportation issues and to expand the
workforce of transportation professionals.
Sec. 5302. University transportation research
This section provides for grants to be made to University
Transportation Centers (UTCs). Funding is available to ten
Regional University Transportation Centers, ten Tier I Centers,
and ten Tier II Centers. The purpose of UTCs is to
significantly advance the state-of-the-art in transportation
research and expand the workforce of transportation
professionals through research, education and technology
transfer. Regional UTCs, Tier I Centers, and Tier II Centers
will be subject to competitive selection every four years and
all institutions must meet eligibility criteria to qualify for
competition. The research and education activities of each
Center must support a national strategy for surface
transportation research. Each Center must match each dollar of
federal grant funds with one dollar of local funds.
Sec. 5303. Transportation scholarship opportunities program
This section authorizes the Secretary to establish a
scholarship program to attract qualified students for
transportation-related critical jobs.
Subtitle D--Advanced Technologies
Sec. 5401. Advanced heavy-duty vehicle technologies research program
Section 5401 directs the Secretary to conduct research,
development, demonstration and testing on advanced heavy-duty
vehicle technologies. The Secretary shall consult with the
Secretary of Energy and the EPA Administrator. Projects must
have a cost share of at least 50 percent from non-federal
sources.
Sec. 5402. Commercial remote sensing products and spatial information
technologies
This section directs the Secretary, in cooperation with
NASA and a consortium of university research centers, to carry
out a program to validate commercial remote sensing products
and spatial information technologies for application to
transportation infrastructure.
Subtitle E--Transportation Data and Analysis
Sec. 5501. Bureau of Transportation Statistics
This section provides for the appointment of the Director
of the Bureau of Transportation Statistics (BTS) and defines
the Director's responsibilities. The National Transportation
Library is retained as part of BTS's activities. Several
provisions are included on the collection of freight data,
including a requirement for mandatory response by corporations
to BTS requests for data. Safeguards are provided to prevent
disclosure of freight data that can be identified with any
corporation or individual. An Advisory Council on
Transportation Statistics is established.
Sec. 5502. Reports of Bureau of Transportation Statistics
This section describes uses and limits of reports produced
by the Bureau of Transportation Statistics.
Subtitle F--Intelligent Transportation Systems Research
Sec. 5601. Short title
The short title is ``Intelligent Transportation Systems Act
of 2004.''
Sec. 5602. Goals and purposes
The goals and purposes of the Intelligent Transportation
Systems Program are articulated. While the wording is different
from TEA 21, the substance is similar.
Sec. 5603. General authorities and requirements
This section grants the Secretary authority to use an
advisory committee to carry out this subtitle.
Sec. 5604. National architecture and standards
The Secretary is directed to develop, implement and
maintain a national architecture for Intelligent Transportation
Systems, as well as the supporting standards and protocols, to
promote the widespread use of Intelligent Transportation
Systems. The Secretary shall designate a panel of experts to
advise the Secretary on ways to expedite development of
standards. Any Intelligent Transportation Systems projects that
use Highway Trust Fund monies shall conform to the national
architecture and applicable standards.
Sec. 5605. Research and development
The Secretary is directed to carry out a comprehensive
Intelligent Transportation Systems research, development, and
operational test program with priority given to enhancing
mobility and productivity, enhancing safety, and integrating
vehicle and infrastructure technologies.
Sec. 5606. Infrastructure development
This section states that funds made available in this
subtitle shall be used for ITS infrastructure and not for
conventional highway and transit infrastructure.
Sec. 5607. Road weather research and development program
This section establishes a program to enhance the
development and use of road weather information and
technologies.
Sec. 5608. Definitions
This section defines key terms, including ITS, Intelligent
Transportation Infrastructure, National Architecture, Standard,
and Transportation Systems Management and Operations.
Sec. 5609. Rural interstate corridor communications study
This section provides funding for a study on the
feasibility of installing fiber optic cabling and wireless
communication infrastructure along Interstate route corridors
for improved communications services to rural communities.
Sec. 5610. Centers for surface transportation excellence
This section directs the Secretary to establish three
centers for surface transportation excellence--including
centers for environmental excellence, rural safety, and project
finance--and outlines the goals, roles, and administration of
the centers.
Sec. 5611. Repeal
The Intelligent Transportation Systems subtitle in TEA 21
is repealed and replaced by the sections 5601--5608 described
above.
Sec. 5612. Special rule for fiscal year 2004
This section states that where fiscal year 2004 authorized
amounts in this title differ from fiscal year 2004 authorized
amounts in the Surface Transportation Extension Act of 2004,
Part V (STEA Part V), then STEA Part V governs.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 6001. Transportation planning
This section creates a new chapter 52 in title 49 to
address transportation planning and environmental review for
transportation projects. Existing planning provisions for the
highway (sections 134 and 135 in title 23) and transit programs
(sections 5303-5305 in title 49) are combined to form a unified
planning title. Minor adjustments are made to eliminate
inconsistencies and to reflect updated terminologies and
practices.
The section also extends the update cycle of metropolitan
long-range transportation plans from 3 years under current
regulation to 4 years. It extends the update cycle of
metropolitan transportation improvement programs (TIPs) from 2
years under current law to 4 years. It requires MPOs to include
in their TIPs projects that are designed to meet the set-aside
requirements (for a portion of a state's annual apportionments
for NHS, CMAQ, STP, Interstate Maintenance, and Bridge
programs) for congestion relief activities as mandated under
section 139 of title 23.
The section similarly extends the update cycle of state
transportation improvement programs from 2 years to 4 years. It
requires the state transportation improvement program to
reflect the priorities for congestion relief activities that
are included in the metropolitan TIPs.
Subchapter A--General Provisions
Sec. 5201. Definitions
All transportation planning definitions used throughout
chapter 52, title 49 U.S.C. are included in this section.
Subchapter B--Transportation Planning
Sec. 5211. Policy
This section is consistent with section 134 of title 23,
United States Code and metropolitan planning provisions in
sections 5303 and 5304 of title 49, United States Code.
Sec. 5212. Definitions
Definitions from section 101(a) of title 23 and section
5302 are applicable to this subchapter. In subsection (b) six
definitions used in this subchapter are listed. These include
metropolitan planning area, metropolitan planning organization,
non-metropolitan area, non-metropolitan local official, TIP,
and urbanized area.
Sec. 5213. Metropolitan transportation planning
Subsection (a) describes the general requirements for
metropolitan transportation planning. More specifically, it
directs MPOs, in cooperation with States and public
transportation operators, to develop long-range transportation
plans and transportation improvement programs. These plans and
Transportation Improvement Programs (TIPs) will encompass all
modes of transportation and will be intermodal in nature.
Subsection (b) specifies the method by which MPOs are
designated. Every urbanized area with a population of more than
50,000 people will have an MPO either by agreement between the
Governor and local officials representing at least 75 percent
of the affected population or in accordance with State and
local law. Each MPO will consist of local officials, officials
of major local metropolitan transportation agencies and
appropriate State officials. Once an MPO is designated, it will
remain so designated until it is redesignated under the
procedures outlined in section 5213(b)(5) or (6).
Subsection (c) describes the methods for determining the
boundaries of metropolitan planning areas that do not cross
State lines. This subsection is consistent with section 134(c)
of title 23, United States Code.
Subsection (d) outlines methods for coordinating the
planning process between responsible parties in metropolitan
areas spanning two or more states.
Subsection (e) involves coordination and consultation
between MPOs in the event of jurisdictional conflicts. This
must occur in cases in which more than one MPO has jurisdiction
over an area or an area is designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act.
Coordination between MPOs will also occur if a transportation
improvement funded by the Highway Trust Fund (HTF) runs through
more than one MPO.
Section 5213(e)(3) provides that when planning
transportation projects, the Secretary will encourage each MPO
to consult with officials involved in planning activities that
are affected by transportation in the area. These affected
activities include such things as State and local planned
growth, economic development, environmental protection, airport
operations, and freight movements. The subsection also requires
that transportation plans consider other transportation
services within the metropolitan area that are provided by
other governmental agencies and nonprofit organizations, so
that metropolitan transportation services can be more
coordinated.
Section (f) outlines the goals and objectives MPOs should
strive to attain when planning area transportation projects.
Projects should support economic vitality, increase the safety
and security of the transportation system, increase
accessibility and mobility for both people and freight, protect
and enhance the environment, promote integration between the
various modes of transportation, as well as maintaining
efficiency of the current transportation system. This
subsection also states that failure to consider any and all of
the objectives described in section 5213(f)(1) may not be
reviewed by any court.
Subsection (g) details the contents of transportation plans
and the process MPOs must follow when developing such plans.
Subsection (h) details the contents of metropolitan
transportation improvement programs (TIPs) and the process MPOs
must follow when developing TIPs. Included in each TIP should
be a funding estimate, a priority project list, a description
of each project, and a financial plan. TIPs will be published
for public comment. Unlike current law section 134(h)(1)(D) of
title 23, U.S.C., this subsection specifically details that
TIPs must be updated at least every 4 years, as opposed to
every 2 years under current law. This section requires the
project description in the TIP to include sufficient
descriptive material, such as the ``type of work, termini,
length, and other similar factors'', to identify the project or
phase of the project. In addition, the TIP shall include a
listing of congestion relief activities in 5213(h)(2)(D).
Subsection (i) involves transportation management areas,
which are defined as urbanized areas with a population over
200,000. The transportation plans in these areas are based on a
continuing and comprehensive planning process carried out by
the MPO. Congestion management is achieved through the use of
travel demand reduction and operational management strategies.
Congestion relief activities under section 139 of title 23 are
also to be used. The Secretary must certify that the planning
process for each transportation management area is being
carried out in accordance with Federal law no less often than
every 4 years. This is a change from current law, which
mandates certification every 3 years. The Secretary has the
authority to withhold up to 20 percent of the funds
attributable to the MPO if the metropolitan planning process of
an MPO serving a transportation management area is not
certified.
Subsection (j) gives the Secretary the authority to permit
an abbreviated transportation plan and a TIP for a metropolitan
planning area if deemed appropriate, except if the metropolitan
planning area is in nonattainment for ozone or carbon monoxide
under the Clean Air Act.
Subsection 134(k) of 23 U.S.C. under current law,
concerning funds for highways and transit being transferred to
the Secretary in accordance with title 23, has been deleted
because the transferability provisions contained in section
104(k) of title 23 already apply to all transfers of highway
funds to transit, and to the transfer of transit funds to
highways.
Subsection (k) is consistent with subsection 134(l) of
current law and states that a metropolitan planning area
classified as nonattainment for ozone and carbon monoxide under
the Clean Air Act may not receive funds for any highway project
that will result in a significant increase in single-occupant
vehicles. The only exception would be if the project were
addressed through a congestion management process.
Subsection (l) is consistent with subsection 134(m) of
current law. This section states that MPOs do not have the
authority to impose legal requirements on any transportation
facility, provider, or project not eligible under title 23,
United States Code or chapter 53 of title 49, United States
Code.
Subsection (m) is consistent with section 134(n) of title
23, United States Code and specifies that funding for the
metropolitan transportation planning shall be provided under
section 104(f) of title 23 and under section 5338(c) of title
49, United States Code.
Subsection 134(n) is consistent with existing law
subsection 5213(n) and section 134(o) of title 23. It restates
current methods of review for projects included in plans and
programs under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
Sec. 5214. Statewide transportation planning
Subsection (a) requires states to develop statewide
transportation plans, to cover a period of 4 years and to be
updated every 4 years. The statewide transportation plan must
provide for integrated transportation facilities, including
accessible facilities, and be intermodal in nature.
Subsection (b) is consistent with subsection 135(b) of
title 23, USC, but adds new language to recognize the
importance of coordinating trade and economic development with
transportation planning. This subsection also requires the
State to develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
Subsection (d) regarding the scope of the planning process
(under existing section 135(c)) is amended to reflect the
concept that not only projects, but also
transportationservices, are developed through the planning process. In
section 5214(d)(1)(A), the term ``non-metropolitan areas'' is inserted
into this factor after ``States,'' to require States to consider
economic vitality for rural areas.
Subsection (e) corresponds to 135(d) in title 23, and lays
out additional requirements for states to consider in carrying
out planning.
Subsection (f) is consistent with current law provisions
regarding a state's development of 20-year, long-range
transportation plans under section 135(e) of title 23, USC.
Subsection (g), regarding statewide transportation
improvement programs, is consistent with subsection 135(f) of
title 23, United States Code. This subsection has been
reorganized and it deletes some current law provisions that
have been superseded. Section 135(f)(1)(B)(ii)(II) required
that States submit to the Secretary, within one year of TEA-
21's passage, the details of their consultation process with
non-metropolitan officials. This requirement has been
accomplished, so the provision has been eliminated. Subsection
5214(g)(4)(H) is a new provision to ensure that the
transportation improvement program reflect the priorities for
congestion relief required under section 139 of title 23, USC,
as added in this Act. Subsection 5214(g)(5) combines
135(f)(3)(A) and (B) of current law. This subsection,
concerning project selection in areas with populations of less
than 50,000 people, adds projects from state-managed public
transportation programs authorized under sections 5310, 5311,
5316, and 5317 of title 49, United States Code to the list of
projects to be selected from the TIP by the State in
consultation with affected local metropolitan transportation
officials. Subsection 5214(g)(6) states that the Secretary must
approve a transportation improvement program at least every 4
years, as opposed to a biennial review mandated in current law.
In subsection (h), funding for statewide transportation
planning is provided under subsection 104(i) of title 23 and
under section 5338(c) of title 49, United States Code.
Subsections (i) and (j) are identical to existing law
subsections 135(h) and 135(i), respectively.
Sec. 6002. Efficient environmental reviews for project decisionmaking
Subsection (a) recognizes Enlibra principles as a sound
basis for interaction among Federal, state, and local
governments and Indian tribes. It encourages the adoption of
these principles in the development of highway construction and
transit projects. This section is intended as a statement of
policy. It is not intended to establish enforceable rights or
to modify any existing legal standards applicable to the
environmental review process for such projects.
Subsection (b) creates a new Subchapter C of Chapter 52 of
Title 49 to address efficient environmental reviews for project
decisionmaking.
Subchapter C--Efficient Environmental Reviews for Project
Decisionmaking
Sec. 5251. Definitions and applicability
This section sets forth definitions applicable to this
subchapter.
Sec. 5252. Project development procedures
This section establishes comprehensive project development
procedures for projects that require the approval of the U.S.
Department of Transportation. These procedures must be followed
for all projects that require preparation of an environmental
impact statement (EIS) under NEPA and may be followed for any
project that involves preparation of an environmental
assessment (EA) or categorical exclusion (CE). The decision
about whether to use these procedures for EA or CE projects is
committed to the discretion of the Secretary of Transportation,
acting in consultation with the project sponsor.
Subsection (a) establishes the U.S. Department of
Transportation as the lead agency in the environmental review
process for any highway, transit, or multimodal project that
requires the Department's approval. As the lead agency, the
Department is responsible for the overall direction of the
environmental review process. The specific responsibilities of
the lead agency are defined in this section. This section also
requires any project sponsor that is a state or local
government entity receiving funds under Title 23 or Title 52 to
serve as a ``joint lead agency'' in the environmental review
process. The Federal lead agency and the State or local agency
jointly constitute the ``lead agency'' for purposes of this
section; accordingly, any decisions to be made by the lead
agency under this section must be made jointly by the Federal
lead agency and the State or local government that serves as
project sponsor. A project sponsor that is not a State or local
government (e.g., a project sponsor that is a private company)
cannot serve as a joint lead agency.
Subsection (b) establishes a new concept of a
``participating agency.'' This concept is intended to be
distinct from, and more inclusive than, the concept of a
``cooperating agency'' as established in the Council on
Environmental Quality (CEQ) regulations for the NEPA process.
The status of ``cooperating agency'' generally has been
assigned only to those agencies that are expected to play an
extensive role--in particular, an agency that has a permitting
responsibility with respect to a project. The term
``participating agency'' is intended to be more inclusive, so
that it encompasses all cooperating agencies as well as any
other agencies that submit comments, participate in inter-
agency review meetings, or otherwise are engaged in the
environmental review process. The lead agency must identify
agencies that may have an interest in the project and extend an
invitation to participate. The legislation specifically states
that designation as a participating agency does not signify
support for a project; it is simply a means of identifying the
universe of agency participants who must be consulted by the
lead agency during the process.
Subsection (c) establishes a new requirement for a project
initiation notice. The purpose of this requirement is to
provide an opportunity for the project sponsor to identify the
specific highway project, transit project, or multimodal
project that is being proposed for evaluation in the
environmental review process. At the discretion of the project
sponsor, the project initiation notice may include a general
description of policies, plans, studies, legislation, or other
materials that relate to the proposed project. Such information
shall be considered by the lead agency in determining the scope
of review needed in the environmental review process, including
decisions on issues such as the definition of the proposed
action, the purpose and need, the range of alternatives, and
the approach to evaluating secondary and cumulative impacts.
Subsection (d) makes the lead agency responsible for
defining the purpose and need, following an opportunity for
involvement by other agencies and the public, and identifies
the types of objectives that may be included in a statement of
purpose and need. The level of involvement required under this
section shall be determined by the lead agency on a case by
case basis, taking into account the overall size and complexity
of the project. The opportunity for involvement in developing
the purpose and need may be combined with other public
involvement and agency coordination activities, including
involvement in developing the range of alternatives to be
considered. The lead agency's definition of purpose and need is
not binding on other agencies that have independent
responsibilities to comply with NEPA. However, other agencies
shall show substantial deference to the purpose and need as
defined by the lead agency as required under applicable Council
on Environmental Quality (CEQ) guidance, dated May 12, 2003;
nothing in this section shall be construed to limit or override
the guidance provided in that memorandum, or to preempt or
limit any obligations to comply with the National Environmental
Policy Act (NEPA) and the regulations issued to implement NEPA
including those issued by CEQ. The list of project objectives
provided in this section is not intended to be exhaustive;
these are examples of the types of objectives that may be
included in a purpose and need statement for a highway,
transit, or multimodal project.
Subsection (e) makes the lead agency responsible for
defining the range of alternatives to be considered, following
an opportunity for involvement by other agencies and the
public. The level of involvement required under this section
shall be determined by the lead agency on a case by case basis,
taking into account the overall size and complexity of the
project. The opportunity for involvement in determining the
range of alternatives may be combined with other public
involvement and agency coordination activities, including
involvement in developing the purpose and need. This section
also establishes that the lead agency is responsible for
determining the methodologies to be used in evaluating
alternatives, and requires that determination to be made in
collaboration with the participating agencies. In this context,
collaboration means a cooperative and interactive process. It
is not necessary for the lead agency to reach consensus with
the participating agencies on these issues; the lead agency
must work cooperatively with the participating agencies and
consider their views, but the leadagency remains responsible
for decisionmaking. However, the intent is to require meaningful
deliberation about alternatives, as evidenced by the subsection
specifying that, should the lead agency develop a preferred
alternative, this must not hinder impartial decision making on other
alternatives.
Subsection (f) is intended to establish default comment
deadlines that apply in the absence of a specific decision by
the lead agency to allow a longer period for comments to be
submitted. This section establishes 60 days as the norm for
comments on a Draft EIS and 30 days for all other comment/
review periods. Lead agencies should provide public notice
about when a comment period starts and concludes. The
legislation allows the lead agency the flexibility to establish
a shorter or longer time frame if there is good cause to do so.
In addition, this section allows the lead agency to extend the
comment deadline at any time in the environmental review
process; while it is preferable to establish a realistic
schedule as early as possible, this section does not establish
a specific point in the process by which time extensions must
be granted.
Subsection (g) establishes a process for identifying and
resolving issues that have the potential to delay the
environmental review process or prevent an agency from granting
a permit or other approval that is needed for a project. The
participants in the environmental review process are encouraged
to use similar procedures, to the extent practicable, to
identify and resolve issues prior to initiation of the
environmental review process. Nothing in this section is
intended to preclude or limit any ongoing or future efforts by
individual States to adopt procedures that call for agency
coordination and dispute resolution efforts during the pre-NEPA
planning stages of a project.
Subsection (i) is intended to allow federal highway and
transit funds to be provided to other State and Federal
agencies to support activities that directly and meaningfully
contribute to expediting and improving transportation project
delivery. These funds may be used to support activities related
to the review of a specific project during the environmental
review process, such as reviewing and commenting on
environmental documents or attending meetings. These funds also
may be used to support activities that contribute to more
efficient environmental reviews through early coordination
activities prior to initiation of the environmental review
(NEPA) process, and also may be used to support activities that
contribute to improvements at a programmatic level, such as
training of agency personnel, information gathering and
mapping, and development of programmatic agreements.
Sec. 6003. Policy on historic sites
This section amends section 303 of title 49 and section 138
of title 23 to provide that requirements under such section(s)
are deemed to be satisfied if an agreement under section 106 of
the National Historic Preservation Act concludes that a
transportation program or project will not have an adverse
effect on an historic site, unless the Advisory Council on
Historic Preservation determines that using the section 106
consultation procedure to satisfy the requirements of such
sections is inconsistent with the objectives of such Act. This
section applies only to historic sites. In any case in which an
historic site subject to section 106 includes, or is a part of
a park, recreation area, or wildlife and waterfowl refuge
protected under the sections cited above, this provision shall
not apply to such parks, recreation areas or refuges.
Sec. 6004. Exemption of interstate system
This section provides that the Interstate System itself
shall not be considered a historic site for purposes of 23
U.S.C. Sec. 138 or 49 U.S.C. Sec. 303(c)--the laws commonly
known as ``Section 4(f).'' This section allows individual
elements of the Interstate System to be considered historic
sites for purposes of Section 4(f), if those elements possess
an independent feature of historic significance.
Sec. 6005. Interstate compacts
This section amends section 5213(d) of title 49, U.S.C., to
direct that Congress must consent to interstate compacts
between two or more states for cooperative transportation
planning efforts. The Secretary will encourage Governors and
members of multi-state MPOs to partake in interstate compacts
consenting to cooperate in efforts to mutually assist
interstate activities as well as establishing joint
transportation agencies. The current law provisions regarding
the Lake Tahoe Regional Planning Compact are included in this
section.
Sec. 6006. Development of transportation plan
This section amends section 5213(g) of title 49, U.S.C. to
specify that MPOs must prepare and update their transportation
plans no less frequently than every 4 years. (The current law
update cycle is ``according to a schedule that the Secretary
determines to be appropriate,'' which has been determined by
regulation to be every 3 years in nonattainment or maintenance
areas and every 5 years in attainment areas.)
Sec. 6007. Interstate agreements
This section amends section 5214(c) of title 49, U.S.C. to
authorize States to enter into compacts or agreements for the
purpose of formal planning cooperation and coordination, since
some projects are multi-state in nature.
Sec. 6008. Regulations relating to transportation planning
This section directs the Secretary to issue regulations
that are consistent with the unified transportation planning
provisions in this title relating to the Clean Air Act.
Sec. 6009. Special rules relating to project development procedures
This section amends section 5252 of title 49, United States
Code, by adding new subsections (j) and (k).
Subsection 5252(j) provides that, except as set forth under
subsection 5252(k), nothing in section 5252 shall affect the
reviewability of any final Federal agency action in a court of
the United States. A savings clause provides that nothing in
section 5252 shall be construed as superseding, amending, or
modifying NEPA or any other Federal environmental statute.
Subsection 5252(k) establishes a 90-day period for filing
any lawsuit challenging a permit, license, or approval issued
by a federal agency for a highway or transit project. This
period starts when the lead agency gives public notice that a
final decision has been issued and that a 90-day period for
requesting judicial review has begun. This limitation is
intended to apply to any permit, license, or approval issued by
a state agency acting under authority delegated by a federal
agency pursuant to federal law. The purpose of this limitation
is to ensure that any claims challenging a highway project for
failure to comply with federal law are filed within 90 days
after the final agency action that is the subject of the legal
challenge.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Amendment of Title 49, United States Code
This section establishes that any reference to a section or
other provision shall be considered a section or provision of
title 49, United States Code, unless otherwise specified.
Sec. 7002. Findings and purpose
This section establishes the Congressional findings of the
hazardous materials title, and updates and clarifies the
purpose of chapter 51.
Sec. 7003. Definitions
This section modifies the definition of ``commerce'' to
include transportation on a U.S.-registered aircraft anywhere
in the world. This section also defines the term ``Secretary''
as the Secretary of Transportation, except where otherwise
indicated.
Sec. 7004. General regulatory authority
This section updates the terminology used to describe the
materials the Secretary should designate as hazardous, as well
as the terminology describing the transportation, and
transportation-related, activities regulated by the DOT. This
section amends current law to ensure that persons who design
and inspect packages (or components of packages) are subject to
the hazardous materials regulations. This section also
clarifies that thehazardous materials regulations apply to
persons who prepare or accept hazardous materials for transportation in
commerce.
Sec. 7005. Chemical or biological materials
This section requires the Secretary of Transportation to
develop uniform standards governing the collection of
information and transmission of the information for completing
background checks on individuals transporting hazardous
materials, and notification to those individuals of the results
of the background checks. It also requires that drivers from
Canada and Mexico who are transporting hazardous materials in
the U.S. undergo similar background checks as those conducted
on U.S. drivers who transport hazardous materials. It is the
Committee's intent that these responsibilities be carried out
by the Secretary of Transportation or his designee within the
Department of Transportation. The Committee does not intend
this section to redesignate responsibilities for security risk
determinations currently being undertaken by the Department of
Homeland Security. The Committee intends that this section adds
to the current responsibilities of the Department of
Transportation under 49 USC 5103a.
Sec. 7006. Representation and tampering
This section updates the language in current law without
changing the scope of the law.
Sec. 7007. Technical amendments
This section provides technical amendments to update the
terminology in current law.
Sec. 7008. Training of certain employees
This section amends section 5107(f) of current law
(redesignated in the bill as section 5107(g)) by deleting the
reference to section 5108(a)-(g)(1) and (h), and section 5109,
but retains the provision in current law that states that an
action of the Secretary under subsections (a)-(d) of this
section and section 5106 of this title is not an exercise of
statutory authority, under section 4(b)(1) of the Occupational
Safety and Health Act of 1970, to prescribe or enforce
standards or regulations affecting occupational safety or
health.
This section also codifies the existing practice of
providing hazardous materials training to maintenance-of-way
employees and railroad signalmen.
Sec. 7009. Registration
This section amends the current law to include those
persons who design and inspect hazardous materials packages, or
package components, as persons required to register with the
Secretary. This change is consistent with the updated language
in Section 7004 concerning persons who are subject to the
hazardous materials regulations.
Section 5108(g) is amended to require the Secretary to
establish and collect a registration fee sufficient to cover
the costs of processing the registration and that the Secretary
must collect a fee at least large enough to cover processing
costs from all entities otherwise exempted from paying the
registration fee. This section reduces the maximum fee the
Secretary may assess from $5,000 to $3,000.
This section also requires the Administrator of RSPA to
transmit the annual registration information required in
section 5108 for motor carriers to FMCSA. The Committee intends
to ensure that FMCSA has the most up-to-date information on
motor carriers that transport hazardous materials and expects
the transmittal of information to be done as expeditiously as
possible.
Sec. 7010. Providing shipping papers
This section requires that each person who prepares a
shipping paper must make the disclosures that the Secretary
prescribes by regulation.
This section amends section 5110 to extend the time period
shippers and carriers are required to retain shipping papers.
Under current law, shippers and carriers are required to retain
the shipping papers for one year after the hazardous material
is no longer in transportation. This section requires shippers
and carriers to retain shipping paper for two years after the
shipping paper is prepared.
Sec. 7011. Rail tank cars
This section repeals section 5111, which permits a rail car
built before January 1, 1971, to be used for hazardous
materials transportation only if the air brake equipment
support attachments of the car comply with the standard for
attachments contained in 49 CFR 179.100-16 and 179.200-19.
Sec. 7012. Unsatisfactory safety ratings
This section amends section 5113 to provide that a motor
carrier owner or operator transporting hazardous materials in
commerce who, upon review of an unfavorable fitness
determination, is determined by the Secretary to be ``unfit''
is subject to the civil penalties in section 5123 and the
criminal penalties set forth in section 5124.
Sec. 7013. Training curriculum for the public sector
This section updates the training curriculum to include
appropriate emergency response training and planning programs
developed with all Federal assistance, not just those under
Federal grant programs.
This section also makes the Secretary responsible for
distribution and publication of the training curriculum.
Sec. 7014. Planning and training grants, monitoring, and review
This section amends section 5116(b)(4) to require the
Secretary to consider the report established in section 7022 of
this bill when determining a State or Indian tribes' emergency
response funding needs.
This section also establishes the Secretary of
Transportation as the lead for monitoring public sector
emergency response planning and training. It also establishes a
new account within the Treasury specifically for hazardous
materials emergency preparedness.
This section also allows the Secretary to use funds
collected from the annual registration fees to publish and
distribute the Emergency Response Guidebook.
Sec. 7015. Special permits and exclusions
This section would clarify that the Secretary may issue a
special permit to any person who performs a function regulated
under section 5103(b)(1).
This section would increase the maximum renewal period of
special permits from two years to four years, except that
special permits issued related to highway routing of hazardous
materials are only renewable for a two-year period.
Sec. 7016. Uniform forms and procedures
This section requires the Secretary to establish a working
group to develop uniform forms and procedures for States to
register and issue permits to persons who transport, or cause
to be transported, hazardous materials in the State. The
working group is required to develop a report of its
recommendations for the Secretary to consider when issuing
regulations to carry out a uniform State registration system.
The working group is prohibited from proposing to limit any fee
that a State may impose or collect.
Sec. 7017. International uniformity of standards and requirements
This section amends current law to reflect that the
Secretary may have additional international requirements, in
addition to current international standards, that need to be
met.
Sec. 7018. Administrative
This section amends section 5121 to provide for enhanced
authority to discover hidden shipments of hazardous materials
and to clarify and enhance the inspection and enforcement
authority of DOT officials and inspection personnel, thereby
enabling them to more effectively identify hazardous materials
shipments and to determine whether those shipments are made in
accordance with the hazardous materials regulations. This
proposal would expand DOT inspection authority to authorize a
designated DOT officer or employee to: access, open, and
examine a package (except for the packaging immediately
adjacent to the hazardous materials contents) offered for or in
transportation when the officer or employee has an objectively
reasonable and articulable belief that the package may contain
a hazardous material; remove from transportation a package or
related packages in a shipment when the officer or employee has
an objectively reasonable and articulable belief that the
package or packages may pose an imminent hazard and
contemporaneously documents that belief; gather information
from the shipper, packaging manufacturer or retester, or others
responsible for the package to determine the nature and hazards
of the contents of the package; as necessary, order the
shipper, packaging manufacturer or retester, or others
responsible for the package to have the package transported to,
opened, and the contents analyzed at an appropriate facility;
and authorize properly qualified personnel to assist in the
package opening and examination when safety might otherwise be
compromised.
This section also amends current law to require the
Secretary to develop procedures to assist in the safe
resumption of transportation of the package and transport unit
when an inspection or investigation does not result in
discovery of an imminent hazard. This section directs the
Secretary to develop expedited procedures for hazardous
materials that are perishable.
The Committee believes strongly that DOT officials, law
enforcement and inspection personnel must have the tools
necessary to accurately determine whether hazardous materials
are being transported safely and in accordance with the
relevant law and regulations. To that end, the Committee
supports the use of new technologies, such as the Hazmat
Trucking Enforcer, that enable inspectors to conduct hazardous
materials inspections in a more effective manner and to respond
swiftly to any incident involving hazardous materials. The
Committee notes that States must be in substantial compliance
with a number of requirements under 49 U.S.C. 31102 as a
condition of receiving MCSAP funding, including requirements to
deploy technology to enhance the efficiency and effectiveness
of commercial motor vehicle safety programs under 49 U.S.C
31102(b)(1)(A), as amended.
This section would also repeal a requirement that the
Secretary maintain 30 hazardous materials safety inspectors
more than the number authorized at the end of fiscal year 1990.
PHMSA currently maintains inspectors in excess of this
requirement.
Sec. 7019. Enforcement
This section amends section 5122 to clarify the types of
judicial relief, including a temporary or permanent injunction,
punitive damages, and assessment of civil penalties, available
to be granted in an action brought by the Attorney General.
Subsection (b) is amended for clarity by changing the word
``ameliorate'' to ``mitigate.''
Sec. 7020. Civil penalty
This section amends section 5123 to increase the maximum
civil penalty from $27,500 to $50,000 for each violation of a
law or regulation under Chapter 51. In those cases resulting in
death, serious illness, severe injury to any person, or
substantial destruction of property, the Secretary would be
able to increase the maximum penalty to $100,000.
Sec. 7021. Criminal penalty
Section 5124 would be revised to include a new ``reckless''
standard and to define the ``knowing,'' ``reckless,'' and
``willful'' mental-state standards necessary to establish a
criminal violation. Section 5124(a) would be amended to provide
that a person who knowingly, willfully, or recklessly violates
chapter 51 or a regulation, order, special permit, or approval
issued under that chapter, is subject to a fine imposed under
title 18 and/or imprisonment of not more than 5 years. In cases
where a violation involves the release of a hazardous material
that results in death or bodily injury to any person, the
maximum term of imprisonment is 10 years.
Section 5124(c) defines a ``willful'' violation as when the
person has knowledge of the facts giving rise to the violation
and the person has knowledge that the conduct was unlawful.
Section 5124(d) defines a ``reckless'' violation as when a
person displays a deliberate indifference or conscious
disregard for the consequences of his or her conduct.
Sec. 7022. Preemption
This section adds language to ensure that when the
preemption test required by this section is conducted, each
requirement is independent in their application to the State or
Indian tribe.
Sec. 7023. Relationship to other laws
This section updates the language in the current law
without changing the scope.
Sec. 7024. Judicial review
This section adds a new section 5127 providing for judicial
review of final actions taken by the Secretary under chapter
51. This provision establishes the appropriate judicial forum
for review of final agency actions in the areas of compliance,
enforcement, civil penalties, rulemaking, and preemption.
Under this proposal, the U.S. Court of Appeals for the
District of Columbia or the U.S. Court of Appeals for the U.S.
circuit in which a person seeking review resides or has his or
her principal place of business would review the final action.
The petition for review must be filed within 60 days after
issuance of the order. The section describes judicial
procedures, the authority of the court, and a requirement for
prior objection.
Sec. 7025. Authorization of appropriations
This section provides funding for the DOT to implement the
programs and grants established and required in chapter 51 for
fiscal years 2005 through 2007.
Sec. 7026. Determining amount of undeclared shipments of hazardous
materials entering the United States
This section requires the GAO to conduct a study to propose
methods to determine the amount of undeclared shipments of
hazardous materials entering the United States.
Sec. 7027. Conforming amendments
This section provides conforming amendments necessary for
the changes made in Title VII.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
Sec. 8001. Policy
This section retains the principles of guaranteed funding
levels and budgetary firewalls for the federal-aid highways
program, Federal Motor Carrier Safety Administration, the trust
fund portion of the National Highway Traffic Safety
Administration, and the general fund and trust fund portion of
the Federal Transit Administration.
The Committee ordered the bill reported with the
expectation that additional language would be proposed jointly
by the Committee on Transportation and Infrastructure and the
Committee on the Budget to address these issues.
Legislative History and Committee Consideration
H.R. 3 was introduced by Chairman Don Young, Ranking
Minority Member James Oberstar, Subcommittee Chairman Tom
Petri, and Subcommittee Ranking Minority Member Peter DeFazio
and 71 cosponsors on February 9, 2005 and referred to the
Committee on Transportation and Infrastructure. The Committee
on Transportation and Infrastructure met on March 2, 2005 and
adopted by voice vote, a manager's amendment offered by
Committee Chairman Don Young. The Committee also approvedan
amendment offered by Mr. Bachus, by voice vote, in addition to an
amendment offered by Chairman Young, which passed by unanimous consent.
Subsequently, the Committee ordered the bill as amended reported to the
House by voice vote.
Roll Call Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the names of those members voting for and against.
There were no recorded votes taken.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report. Such a cost estimate will be included in a supplemental
report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office that
will be included in a supplemental report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide for a safe, efficient, and improved surface
transportation system.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee references the cost estimate for H.R. 3 from the
Director of the Congressional Budget Office that will be
included in a supplemental report.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee will provide the estimate of federal mandates
prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act in
a supplemental report. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3 does not
preempt any state, local, or tribal law.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 23, UNITED STATES CODE
* * * * * * *
HIGHWAYS
Chap. Sec.
1. Federal-Aid Highways....................................... 101
* * * * * * *
[5. Research and Technology................................... 501]
5. Research, Technology, and Education........................ 501
6. Infrastructure Finance..................................... 601
CHAPTER 1--FEDERAL-AID HIGHWAYS
[SUBCHAPTER I--GENERAL PROVISIONS]
Sec.
101. Definitions and declaration of policy
* * * * * * *
139. Motor vehicle congestion relief.
* * * * * * *
150. Deployment of intelligent transportation systems.
* * * * * * *
165. Construction of ferry boats and ferry terminal facilities.
166. Transportation systems management and operations.
167. State assumption of responsibilities for certain programs and
projects.
168. HOV facilities.
* * * * * * *
[SUBCHAPTER II--INFRASTRUCTURE FINANCE
[181. Definitions.
[182. Determination of eligibility and project selection.
[183. Secured loans.
[184. Lines of credit.
[185. Project servicing.
[186. State and local permits.
[187. Regulations.
[188. Funding.
[189. Report to Congress.]
[SUBCHAPTER I--GENERAL PROVISIONS]
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) * * *
* * * * * * *
(3) Construction.--The term ``construction'' means
the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
(A) * * *
* * * * * * *
(G) improvements that directly facilitate and
control traffic flow, such as grade separation
of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; [and]
(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses[.]; and
(I) surface transportation workforce
development, training, and education.
* * * * * * *
(17) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes labor costs, administrative costs, costs of
utilities and rent, and other costs associated with
transportation systems management and operations and
the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
(18) Operational improvement.--The term ``operational
improvement''--
(A) means (i) a capital improvement for
transportation systems management and
operations, including installation of traffic
surveillance and control equipment,
computerized signal systems, motorist
information systems, integrated traffic control
systems, incident management programs,
equipment and programs for transportation
response to natural disasters, and
transportation demand management facilities,
strategies, and programs, and (ii) such other
capital improvements to public roads as the
Secretary may designate, by regulation; and
* * * * * * *
(30) Safety improvement project.--The term ``safety
improvement project'' means a project that corrects or
improves high hazard locations, eliminates roadside
obstacles, improves highway signing and pavement
marking, installs priority control systems for
emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes,
installs fluorescent, yellow-green signs at pedestrian
or bicycle crossings or school zones, or installs
traffic control or warning devices at locations with
high accident potential.
* * * * * * *
[(2)] (38) Motor vehicle.--The term ``motor vehicle''
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated exclusively on a rail or rails.
(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,
communications equipment related to traffic
incident management (including integrated,
interoperable, emergency communications
equipment), roadway weather management,
traveler information services, commercial
vehicle operations, traffic control, freight
management, and coordination of highway, rail,
transit, bicycle, and pedestrian operations.
(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) It is hereby declared to be in the national interest to
accelerate the construction of the Federal-aid highway systems,
including The Dwight D. Eisenhower System of Interstate and
Defense Highways, since many of such highways, or portions
thereof, are in fact inadequate to meet the needs of local and
interstate commerce, for the national and civil defense.
* * * * * * *
[It is further declared that since the Interstate System is
now in the final phase of completion it shall be the national
policy that increased emphasis be placed on the construction
and reconstruction of the other Federal-aid systems in
accordance with the first paragraph of this subsection, in
order to bring all of the Federal-aid systems up to standards
and to increase the safety of these systems to the maximum
extent.]
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 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.
* * * * * * *
Sec. 102. Program efficiencies
[(a) HOV Passenger Requirements.--
[(1) In general.--A State transportation department
shall establish the occupancy requirements of vehicles
operating in high occupancy vehicle lanes; except that
no fewer than 2 occupants per vehicle may be required
and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and
bicycles shall not be considered single occupant
vehicles.
[(2) Exception for inherently low-emission
vehicles.--Notwithstanding paragraph (1), before
September 30, 2003, a State may permit a vehicle with
fewer than 2 occupants to operate in high occupancy
vehicle lanes if the vehicle is certified as an
Inherently Low-Emission Vehicle pursuant to title 40,
Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title.
Such permission may be revoked by the State should the
State determine it necessary.]
[(b)] (a) Access of Motorcycles.--No State or political
subdivision of a State may enact or enforce a law that applies
only to motorcycles and the principal purpose of which is to
restrict the access of motorcycles to any highway or portion of
a highway for which Federal-aid highway funds have been
utilized for planning, design, construction, or maintenance.
Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate
motorcycles for safety.
[(c)] (b) Engineering Cost Reimbursement.--If on-site
construction of, or acquisition of right-of-way for, a highway
project is not commenced within [10 years (or such longer
period as the State requests and the Secretary determines to be
reasonable) after] 10 years (or such longer period as the State
requests and the Secretary determines to be reasonable) after
the date on which Federal funds are first made available, out
of the Highway Trust Fund (other than Mass Transit Account),
for preliminary engineering of such project, the State shall
pay an amount equal to the amount of Federal funds made
available for such engineering. The Secretary shall deposit in
such Fund all amounts paid to the Secretary under this section.
Sec. 103. Federal-aid systems
(a) * * *
(b) National Highway System.--
(1) * * *
* * * * * * *
(6) Eligible projects for NHS.--Subject to approval
by the Secretary, funds apportioned to a State under
section 104(b)(1) for the National Highway System may
be obligated for any of the following:
(A) * * *
* * * * * * *
(Q) Capital, operating, and systems
maintenance costs for transportation systems
management and operations.
(c) Interstate System.--
(1) * * *
* * * * * * *
(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).
(d) Transfer of Interstate Construction Funds.--
(1) Interstate construction funds not in surplus.--
(A) * * *
(B) Effect of transfer.--Upon transfer of an
amount under subparagraph (A), the construction
on which the amount is based, as included in
the most recent Interstate System cost
estimate, shall not be eligible for funding
under section 104(b)(5)(A) (as in effect on the
day before the date of enactment of the
Transportation Equity Act for the 21st Century)
[or 118(c)].
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
[(1) In general.--Whenever an apportionment is made
of the sums made available for expenditure on each of
the surface transportation program under section 133,
the bridge program under section 144, the congestion
mitigation and air quality improvement program under
section 149, the Interstate and National Highway System
program, the minimum guarantee program under section
105, the Federal lands highway program under section
204, or the Appalachian development highway system
program under section 14501 of title 40, the Secretary
shall deduct a sum, in an amount not to exceed--
[(A) 1 1/6 percent of all sums so made
available, as the Secretary determines
necessary--
[(i) to administer the provisions of
law to be financed from appropriations
for the Federal-aid highway program and
programs authorized under chapter 2;
and
[(ii) 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;
and
[(B) one-third of 1 percent of all sums so
made available, as the Secretary determines
necessary, to administer the provisions of law
to be financed from appropriations for motor
carrier safety programs and motor carrier
safety research.
[(2) Consideration of unobligated balances.--In
making the determination described in paragraph (1),
the Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.]
(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.
(3) Availability.--The [sum deducted under] amounts
authorized to be appropriated by paragraph (1) shall
remain available until expended.
(4) Limitation on transferability.--Unless expressly
authorized by law, the Secretary may not transfer any
[sums deducted under] amounts authorized to be
appropriated by paragraph (1) to a Federal agency or
entity other than the Federal Highway Administration
[and the Federal Motor Carrier Safety Administration].
(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making [the deduction authorized by subsection
(a) and] the set-aside authorized by subsection (f), shall
apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the Congestion Mitigation and Air
Quality Improvement program, and the Surface Transportation
program for that fiscal year, among the several States in the
following manner:
(1) National highway system component.--
(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), [$36,400,000 for each fiscal
year] $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 to the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands,
[$18,800,000 for each of fiscal years 1998
through 2002] $20,000,000 for fiscal year 2004
and $30,000,000 for each of fiscal years 2005
through 2009 for the Alaska Highway, and the
remainder apportioned as follows:
(i) * * *
* * * * * * *
(d) Operation Lifesaver and High Speed Rail Corridors.--
(1) Operation lifesaver.--Before making an
apportionment under [subsection (b)(3) of this section]
section 130(f) for a fiscal year, the Secretary shall
set aside [$500,000] $600,000 for such fiscal year for
carrying out a public information and education program
to help prevent and reduce motor vehicle accidents,
injuries, and fatalities and to improve driver
performance at railway-highway crossings.
(2) Railway-highway crossing hazard elimination in
high speed rail corridors.--
(A) In general.--Before making an
apportionment of funds under subsection (b)(3)
for a fiscal year, the Secretary shall set
aside [$5,250,000] $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 of the funds made available for the
surface transportation program for the fiscal
year for elimination of hazards of railway-
highway crossings.
* * * * * * *
(E) Certain improvements.--[Not less than
$250,000 of such set-aside] 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 shall be available
[per fiscal year] for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
* * * * * * *
(f) Metropolitan Planning.--
(1) Set-aside.--On October 1 of each fiscal year, the
Secretary[, after making the deduction authorized by
subsection (a) of this section,] shall set aside not to
exceed 1 percent of the [remaining] funds authorized to
be appropriated for expenditure upon programs
authorized under this title, for the purpose of
carrying out the requirements of section 134 of this
title.
* * * * * * *
(4) Distribution of funds within states.--The
distribution within any State of the planning funds
made available to agencies under paragraph (3) of this
subsection shall be in accordance with a formula
developed by each State and approved by the Secretary
which shall consider but not necessarily be limited to,
population, status of planning, attainment of air
quality standards, metropolitan area transportation
needs, and other factors necessary to provide for an
appropriate distribution of funds to carry out the
requirements of section 134 and other applicable
requirements of Federal law. 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.
* * * * * * *
(h) Recreational Trails Program.--
(1) Administrative costs.--Whenever an apportionment
is made of the sums authorized to be appropriated to
carry out the recreational trails program under section
206, the Secretary shall deduct an amount, not to
exceed 1 1/2 percent of the sums authorized, to cover
the cost to the Secretary for administration of and
[research and technical assistance under the
recreational trails program and for administration of
the National Recreational Trails Advisory Committee]
research, technical assistance, and training under the
recreational trails program. The Secretary may enter
into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with
other government agencies, institutions of higher
learning, or nonprofit organizations to perform these
tasks.
* * * * * * *
(i) Audits of Highway Trust Fund.--From administrative funds
[deducted] authorized to be appropriated under subsection (a),
the Secretary may reimburse the Office of Inspector General of
the Department of Transportation for the conduct of annual
audits of financial statements in accordance with section 3521
of title 31.
(j) Report to Congress.--The Secretary shall [submit to
Congress a report] transmit to Congress a report, and also make
such report available to the public in a user-friendly format
via the Internet, for each fiscal year on--
(1) * * *
* * * * * * *
Sec. 106. Project approval and oversight
(a) * * *
* * * * * * *
[(h) Financial Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $1,000,000,000 or more shall submit to the
Secretary an annual financial plan for the project. The plan
shall be based on detailed annual estimates of the cost to
complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of
future increases in the cost to complete the project.]
(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.
(k) 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 a plan for obligating the
funds for the design and construction of--
(A) with respect to excess funds derived from
the surface transportation program under
section 133(d)(1), 133(d) (2), or 133(d)(3),
the highway bridge replacement and
rehabilitation program under section 144, the
congestion mitigation and air quality
improvement program under section 149, or the
recreational trails program under section 206,
one or more projects that are eligible for
funding under that program; and
(B) with respect to excess funds derived from
any other program under this title, one or more
projects that are eligible for funding those
programs or the surface transportation program
under section 133.
(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.--
(A) In general.--Except as provided by
subparagraph (B), 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 under which the
project is carried out.
(B) Stp allocations.--Section 133(d) shall
not apply to excess funds used to carry out a
project under this section, unless such funds
are derived from amounts apportioned under
104(b)(3).
(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 or canceled.
* * * * * * *
Sec. 109. Standards
(a) * * *
* * * * * * *
[(e) No funds]
(e) Installation of Safety Devices.--
(1) Highway and railroad grade crossings and
drawbridges.--No funds shall be approved for
expenditure on any Federal-aid highway, or highway
affected under chapter 2 of this title, unless proper
safety protective devices complying with safety
standards determined by the Secretary at that time as
being adequate shall be installed or be in operation at
any highway and railroad grade crossing or drawbridge
on that portion of the highway with respect to which
such expenditures are to be made.
(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 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.
* * * * * * *
Sec. 110. Revenue aligned budget authority
(a) In General.--
(1) Allocation.--On October 15 of fiscal year [2000]
2006 and each fiscal year thereafter, the Secretary
shall allocate for such fiscal year and the succeeding
fiscal year an amount of funds 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)) if the
amount determined pursuant to such section for such
fiscal year is greater than zero.
(2) Reduction.--If 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)) \1\ for fiscal year [2000]
2006 or any fiscal year thereafter is less than zero,
the Secretary on [October 1 of the succeeding] October
15 of such fiscal year shall reduce proportionately the
amount of sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) for such fiscal year and the succeeding fiscal
year to carry out each of the Federal-aid highway and
highway safety construction programs (other than
emergency relief) and the motor carrier safety grant
program by an aggregate amount equal to the amount
determined pursuant to such section.
(b) General Distribution.--The Secretary shall--
(1) determine the ratio that--
(A) the sums authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) for each of the [for]
Federal-aid highway and highway safety
construction programs (other than the minimum
guarantee program) and the motor carrier safety
grant program for which funds are allocated
from such Trust Fund by the Secretary under
this title, the [Transportation Equity Act for
the 21st Century] Transportation Equity Act: A
Legacy for Users, and subchapter I of chapter
311 of title 49 for a fiscal year, bears to
* * * * * * *
Sec. 112. Letting of contracts
(a) * * *
(b) Bidding Requirements.--
(1) * * *
* * * * * * *
(3) Design-build contracting.--
(A) * * *
* * * * * * *
[(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project
under this chapter for which--
[(i) the Secretary has approved the
use of design-build contracting
described in subparagraph (A) under
criteria specified in regulations
issued by the Secretary; and
[(ii) the total costs are estimated
to exceed--
[(I) in the case of a project
that involves installation of
an intelligent transportation
system, $5,000,000; and
[(II) in the case of any
other project, $50,000,000.]
(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.
(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).
[(D)] (G) Design-build contract defined.--In
this paragraph, the term ``design-build
contract'' means an agreement that provides for
design and construction of a project by a
contractor, regardless of whether the agreement
is in the form of a design-build contract, a
franchise agreement, or any other form of
contract approved by the Secretary.
* * * * * * *
[(f) The provisions of this section shall not be applicable
to contracts for projects on the Federal-aid secondary system
in those States where the Secretary has discharged his
responsibility pursuant to section 117 of this title, except
where employees of a political subdivision of a State are
working on a project outside of such political subdivision.]
[(g)] (f) Selection Process.--A State may procure, under a
single contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well as
subsequent engineering and design work on the project if the
State conducts a review that assesses the objectivity of the
environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.
(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. 114. Construction
(a) Construction Work In General.--The construction of any
highways or portions of highways located on a Federal-aid
system shall be undertaken by the respective State
transportation departments or under their direct supervision.
[Except as provided in section 117 of this title, such] Such
construction shall be subject to the inspection and approval of
the Secretary. The construction work and labor in each State
shall be performed under the direct supervision of the State
transportation department and in accordance with the laws of
that State and applicable Federal laws. Construction may be
begun as soon as funds are available for expenditure pursuant
to subsection (a) of section 118 of this title. After July 1,
1973, the State transportation department shall not erect on
any project where actual construction is in progress and
visible to highway users any informational signs other than
official traffic control devices conforming with standards
developed by the Secretary of Transportation.
* * * * * * *
(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. 116. Maintenance
(a) * * *
(b) In any State wherein the State transportation department
is without legal authority to maintain a project constructed on
the Federal-aid secondary system, or within a municipality,
such [highway department] transportation department shall enter
into a formal agreement for its maintenance with the
appropriate officials of the county or municipality in which
such project is located.
* * * * * * *
Sec. 117. High priority projects program
(a) Authorization of High Priority Projects.--The Secretary
is authorized to carry out high priority projects with funds
made available to carry out the high priority projects program
under this section. Of amounts made available to carry out this
section, the Secretary, subject to subsection (b), shall make
available to carry out each project described in section [1602
of the Transportation Equity Act for the 21st Century] 1701 of
the Transportation Equity Act: A Legacy for Users the amount
listed for such project in such section. Any amounts made
available to carry out such program that are not allocated for
projects described in such section shall be available to the
Secretary, subject to subsection (b), to carry out such other
high priority projects as the Secretary determines appropriate.
(b) Allocation Percentages.--For each project to be carried
out with funds made available to carry out the high priority
projects program under this section--
[(1) 11 percent of such amount shall be available for
obligation beginning in fiscal year 1998;
[(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
[(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
[(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
[(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
[(6) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2003.]
(1) 22.4 percent of such amount shall be available
for obligation beginning in fiscal year 2005;
(2) 20.2 percent of such amount shall be available
for obligation beginning in fiscal year 2006;
(3) 19.3 percent of such amount shall be available
for obligation beginning in fiscal year 2007;
(4) 19.7 percent of such amount shall be available
for obligation beginning in fiscal year 2008; and
(5) 18.4 percent of such amount shall be available
for obligation beginning in fiscal year 2009.
(c) Federal Share.--The Federal share payable on account of
any project carried out with funds made available to carry out
this section shall be 80 percent of the total cost thereof[;
except that the Federal share on account of the project to be
carried out under item 1419 of the table contained in section
1602 of the Transportation Equity Act for the 21st Century (112
Stat. 309), relating to reconstruction of a road and causeway
in Shiloh Military Park in Hardin County, Tennessee, shall be
100 percent of the total cost thereof].
* * * * * * *
(e) Advance Construction.--When a State which has been
delegated responsibility for a project under this section--
(1) has obligated all funds allocated under this
section and section [1602 of the Transportation Equity
Act for the 21st Century] 1701 of the Transportation
Equity Act: A Legacy for Users for such project; and
(2) proceeds to construct such project without the
aid of Federal funds in accordance with all procedures
and all requirements applicable to such project, except
insofar as such procedures and requirements limit the
State to the construction of projects with the aid of
Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State,
shall pay to the State the Federal share of the cost of
construction of the project when additional funds are allocated
for such project under this section and section [1602 of the
Transportation Equity Act for the 21st Century] 1701 of the
Transportation Equity Act: A Legacy for Users.
* * * * * * *
(g) Availability of Obligation Limitation.--Obligation
authority attributable to funds made available to carry out
this section shall only be available for the purposes of this
section and shall remain available until obligated pursuant to
section 1102(g) of the [Transportation Equity Act for the 21st
Century] Transportation Equity Act: A Legacy for Users.
* * * * * * *
Sec. 118. Availability of funds
(a) * * *
* * * * * * *
[(c) Set Asides for Interstate Discretionary Projects.--
[(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$50,000,000 in fiscal year 1998 and $100,000,000 in
each of fiscal years 1999 through 2003 for obligation
by the Secretary for projects for resurfacing,
restoring, rehabilitating, and reconstructing any route
or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate
System under section 139 (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century)) and any toll road on
the Interstate System not subject to an agreement under
section 119(e) (as in effect on December 17, 1991).
[(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary
to any State applying for such funds if the Secretary
determines that--
[(A) the State has obligated or demonstrates
that it will obligate in the fiscal year all of
its apportionments under section 104(b)(4)
other than an amount that, by itself, is
insufficient to pay the Federal share of the
cost of a project for resurfacing, restoring,
rehabilitating, and reconstructing the
Interstate System that has been submitted by
the State to the Secretary for approval; and
[(B) the applicant is willing and able to--
[(i) obligate the funds within 1 year
of the date the funds are made
available;
[(ii) apply the funds to a ready-to-
commence project; and
[(iii) in the case of construction
work, begin work within 90 days after
obligation.
[(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the
Secretary shall give priority consideration to any
project the cost of which exceeds $10,000,000 on any
high volume route in an urban area or a high truck-
volume route in a rural area.
[(4) Period of availability of discretionary funds.--
Sums made available pursuant to this subsection shall
remain available until expended.]
[(d)] (c) Effect of Release of Funds.--Any Federal-aid
highway funds released by the final payment on a project, or by
the modification of the project agreement, shall be credited to
the same program funding category previously apportioned to the
State and shall be immediately available for expenditure.
[(e)] (d) Special Rules.--Funds made available to the State
of Alaska and the Commonwealth of Puerto Rico under this title
may be expended for construction of access and development
roads that will serve resource development, recreational,
residential, commercial, industrial, or other like purposes.
* * * * * * *
Sec. 120. Federal share payable
(a) * * *
* * * * * * *
(e) Emergency Relief.--The Federal share payable on account
of any repair or reconstruction provided for by funds made
available under section 125 of this title on account of any
project on a Federal-aid highway, including the Interstate
System, shall not exceed the Federal share payable on a project
on [such system] such highway as provided in subsections (a)
and (b) of this section; except that (1) the Federal share
payable for eligible emergency repairs to minimize damage,
protect facilities, or restore essential traffic accomplished
within 180 days after the actual occurrence of the natural
disaster or catastrophic failure may amount to 100 percent of
the costs thereof; and (2) the Federal share payable on account
of any repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and
trails, and Indian reservation roads may amount to 100 percent
of the cost thereof. The total cost of a project may not exceed
the cost of repair or reconstruction of a comparable facility.
As used in this section with respect to bridges and in section
144 of this title, ``a comparable facility'' shall mean a
facility which meets the current geometric and construction
standards required for the types and volume of traffic which
such facility will carry over its design life.
* * * * * * *
(j) Credit for Non-Federal Share.--
(1) Eligibility.--A State may use as a credit toward
the non-Federal share requirement for any funds made
available to carry out this title (other than the
emergency relief program authorized by section 125 and
the Appalachian development highway system program
under section 14501 of title 40) or chapter 53 of title
49 toll revenues that are generated and used by public,
quasi-public, and private agencies to build, improve,
or maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce. Such public,
quasi-public, or private agencies shall have built,
improved, or maintained such facilities without Federal
funds.
* * * * * * *
Sec. 126. Uniform transferability of Federal-aid highway funds
(a) General Rule.--Notwithstanding any other provision of law
but subject to subsections (b) and (c), if at least 50 percent
of a State's apportionment under section 104 or 144 for a
fiscal year or at least 50 percent of the funds set-aside under
section 133(d) from the State's apportionment under section
104(b)(3) may not be transferred to any other apportionment of
the State under section 104 or 144 for such fiscal year, then
the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such
State under section 104 or 144 for such fiscal year.
(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject [to the last
sentence of section 133(d)(1) or] to section 104(f) or to
[section 133(d)(3)] section 133(d)(2). The maximum amount that
a State may transfer under this section of the State's set-
aside under section 133(d)(1) [or 133(d)(2)] for a fiscal year
may not exceed 25 percent of (1) the amount of such set-aside,
less (2) the amount of the State's set-aside under such section
for fiscal year 1997.
* * * * * * *
Sec. 127. Vehicle weight limitations-Interstate System
(a) In General.--No funds shall be apportioned in any fiscal
year under section 104(b)(1) of this title to any State which
does not permit the use of The Dwight D. Eisenhower System of
Interstate and Defense Highways within its boundaries by
vehicles with a weight of twenty thousand pounds carried on any
one axle, including enforcement tolerances, or with a tandem
axle weight of thirty-four thousand pounds, including
enforcement tolerances, or a gross weight of at least eighty
thousand pounds for vehicle combinations of five axles or more.
However, the maximum gross weight to be allowed by any State
for vehicles using The Dwight D. Eisenhower System of
Interstate and Defense Highways shall be twenty thousand pounds
carried on one axle, including enforcement tolerances, and a
tandem axle weight of thirty-four thousand pounds, including
enforcement tolerances and with an overall maximum gross
weight, including enforcement tolerances, on a group of two or
more consecutive axles produced by application of the following
formula: W = 500 ((LN / N - 1) + 12N + 36) where W equals
overall gross weight on any group of two or more consecutive
axles to the nearest five hundred pounds, L equals distance in
feet between the extreme of any group of two or more
consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles
may carry a gross load of thirty-four thousand pounds each
providing the overall distance between the first and last axles
of such consecutive sets of tandem axles (1) is thirty-six feet
or more, or (2) in the case of a motor vehicle hauling any tank
trailer, dump trailer, or ocean transport container before
September 1, 1989, is 30 feet or more: Provided, That such
overall gross weight may not exceed eighty thousand pounds,
including all enforcement tolerances, except for vehicles using
Interstate Route 29 between Sioux City, Iowa, and the border
between Iowa and South Dakota or vehicles using Interstate
Route 129 between Sioux City, Iowa, and the border between Iowa
and Nebraska, and except for those vehicles and loads which
cannot be easily dismantled or divided and which have been
issued special permits in accordance with applicable State
laws, or the corresponding maximum weights permitted for
vehicles using the public highways of such State under laws or
regulations established by appropriate State authority in
effect on July 1, 1956, except in the case of the overall gross
weight of any group of two or more consecutive axles on any
vehicle (other than a vehicle comprised of a motor vehicle
hauling any tank trailer, dump trailer, or ocean transport
container on or after September 1, 1989), on the date of
enactment of the Federal-Aid Highway Amendments of 1974,
whichever is the greater. Any amount which is withheld from
apportionment to any State pursuant to the foregoing provisions
shall lapse if not released and obligated within the
availability period specified in section [118(b)(1)] 118(b)(2)
of this title. This section shall not be construed to deny
apportionment to any State allowing the operation within such
State of any vehicles or combinations thereof, other than
vehicles or combinations subject to subsection (d) of this
section, which the State determines could be lawfully operated
within such State on July 1, 1956, except in the case of the
overall gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid Highway
Amendments of 1974. With respect to the State of Hawaii, laws
or regulations in effect on February 1, 1960, shall be
applicable for the purposes of this section in lieu of those in
effect on July 1, 1956. With respect to the State of Colorado,
vehicles designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load. With respect to the
State of Michigan, laws or regulations in effect on May 1,
1982, shall be applicable for the purposes of this subsection.
With respect to the State of Maryland, laws and regulations in
effect on June 1, 1993, shall be applicable for the purposes of
this subsection. The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle weight
of up to 100,000 pounds for the hauling of sugarcane during the
harvest season, not to exceed 100 days annually. With respect
to Interstate Routes 89, 93, and 95 in the State of New
Hampshire, State laws (including regulations) concerning
vehicle weight limitations that were in effect on January 1,
1987, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the
requirements of this subsection. With respect to that portion
of the Maine Turnpike designated Interstate Route 95 and 495,
and that portion of Interstate Route 95 from the southern
terminus of the Maine Turnpike to the New Hampshire State line,
laws (including regulations) of the State of Maine concerning
vehicle weight limitations that were in effect on October 1,
1995, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the
requirements of this subsection.
* * * * * * *
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(e) Funds for Protective Devices.--
(1) In general.--At least 1/2 of the funds authorized
for and expended under this section shall be available
for the installation of protective devices at railway-
highway crossings. Sums authorized to be appropriated
to carry out this section shall be available for
obligation in the same manner as funds apportioned
under section 104(b)(1) of this title.
(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.
[(f) Apportionment.--Twenty-five percent of the funds
authorized to be appropriated to carry out this section shall
be apportioned to the States in the same manner as sums are
apportioned under section 104(b)(2) of this title, 25 percent
of such funds shall be apportioned to the States in the same
manner as sums are apportioned under section 104(b)(6) of this
title, and 50 percent of such funds shall be apportioned to the
States in the ratio that total railway-highway crossings in
each State bears to the total of such crossings in all States.
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.]
(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.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives [not later than
April 1 of each year,], not later than April 1, 2006, and every
2 years thereafter, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
* * * * * * *
(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).
* * * * * * *
Sec. 133. Surface transportation program
(a) * * *
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(3) for the surface
transportation program only for the following:
(1) * * *
* * * * * * *
(6) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs, including advanced truck stop electrification
systems.
* * * * * * *
[(13)] (12) Infrastructure-based intelligent
transportation systems capital improvements.
[(14)] (13) Environmental restoration and pollution
abatement projects (including the retrofit or
construction of storm water treatment systems) to
address water pollution or environmental degradation
caused or contributed to by transportation facilities,
which projects shall be carried out when the
transportation facilities are undergoing
reconstruction, rehabilitation, resurfacing, or
restoration; except that the expenditure of funds under
this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent
of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.
(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) Allocations of Apportioned Funds.--
[(1) For safety programs.--10 percent of the funds
apportioned to a State under section 104(b)(3) for the
surface transportation program for a fiscal year shall
only be available for carrying out sections 130 and 152
of this title. Of the funds set aside under the
preceding sentence, the State shall reserve in such
fiscal year an amount of such funds for carrying out
each such section which is not less than the amount of
funds apportioned to the State in fiscal year 1991
under such section.]
[(2)] (1) For transportation enhancement
activities.--10 percent of the funds apportioned to a
State under section 104(b)(3) for a fiscal year shall
only be available for transportation enhancement
activities.
[(3)] (2) Division between urbanized areas of over
200,000 population and other areas.--
(A) General rule.--Except as provided in
subparagraphs (C) and (D), 62.5 percent of the
remaining [80 percent] 90 percent of the funds
apportioned to a State under section 104(b)(3)
for a fiscal year shall be obligated under this
section--
(i) * * *
* * * * * * *
(B) Special rule for areas of less than 5,000
population.--Of the amounts required [tobe] to
be obligated under subparagraph (A)(ii), the
State shall obligate in areas of the State
(other than urban areas with a population
greater than 5,000) an amount which is not less
than 110 percent of the amount of funds
apportioned to the State for the Federal-aid
secondary system for fiscal year 1991.
* * * * * * *
(D) Noncontiguous states exemption.--
Subparagraph (A) shall not apply to Hawaii and
Alaska.
* * * * * * *
[(4)] (3) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135 of this title.
[(5)] (4) Applicability of certain requirements to
third party sellers.--
(A) * * *
* * * * * * *
(e) Administration.--
(1) * * *
* * * * * * *
(3) Payments.--
(A) * * *
(B) Advance payment option for transportation
enhancement activities.--
(i) In general.--The Secretary may
advance funds to the State for
transportation enhancement activities
funded from the allocation required by
subsection [(d)(2)] (d)(1) for a fiscal
year.
* * * * * * *
(5) Transportation enhancement activities.--
(A) Categorical exclusions.--To the extent
appropriate, the Secretary shall develop
categorical exclusions from the requirement
that an environmental assessment or an
environmental impact statement under section
102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) be prepared for
transportation enhancement activities funded
from the allocation required by subsection
[(d)(2)] (d)(1).
(B) Nationwide programmatic agreement.--The
Secretary, 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 (16 U.S.C.
470i et seq.), shall develop a nationwide
programmatic agreement governing the review of
transportation enhancement activities funded
from the allocation required by subsection
[(d)(2)] (d)(1), in accordance with--
(i) * * *
* * * * * * *
(f) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section 104(b)(3) shall
make available during the period of fiscal years [1998
through 2000] 2004 through 2006 and the period of
fiscal years [2001 through 2003] 2007 through 2009 an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety
construction programs for use in the area that is equal
to the amount obtained by multiplying--
(A) * * *
* * * * * * *
[Sec. 134. Metropolitan planning
[(a) General Requirements.--
[(1) Findings.--It is in the national interest to
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 through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
[(2) Development of plans and programs.--To
accomplish the objective stated in paragraph (1),
metropolitan planning organizations designated under
subsection (b), in cooperation with the State and
public transit operators, shall develop transportation
plans and programs for urbanized areas of the State.
[(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an
intermodal transportation system for the State and the
United States.
[(4) Process of development.--The process for
developing the plans and programs 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 central city
or cities as defined by the Bureau of the
Census); or
[(B) in accordance with procedures
established by applicable State or local law.
[(2) Structure.--Each policy board of a 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
(including all transportation agencies included
in the metropolitan planning organization as of
June 1, 1991); 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 the
date of the enactment of this section, of a public
agency with multimodal transportation responsibilities
to--
[(A) develop plans and programs 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.
[(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.--
[(A) 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 affected
population (including the central city or
cities as defined by the Bureau of the Census)
as appropriate to carry out this section.
[(B) Certain requests to redesignate.--A
metropolitan planning organization shall be
redesignated upon request of a unit or units of
general purpose local government representing
at least 25 percent of the affected population
(including the central city or cities as
defined by the Bureau of the Census) in any
urbanized area (i) whose population is more
than 5,000,000 but less than 10,000,000, or
(ii) which is an extreme nonattainment area for
ozone or carbon monoxide as defined under the
Clean Air Act. Such redesignation shall be
accomplished using procedures established by
subparagraph (A).
[(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; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) 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.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph 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).
[(4) 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 (42 U.S.C.
7401 et seq.) 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, section
135, and chapter 53 of title 49.
[(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 this title and
under chapter 53 of title 49,
not more than 1 percent of the
funds allocated under section
202 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, be funded using funds allocated
under section 202.
[(4) Recipients of other assistance.--The Secretary
shall encourage each metropolitan planning organization
to coordinate, to the maximum extent practicable, the
design and delivery of transportation services within
the metropolitan planning area that are provided--
[(A) by recipients of assistance under
chapter 53 of title 49; and
[(B) by 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.
[(e) Coordination of MPOs.--
[(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 programs
required by this section.
[(2) Project located in multiple MPOs.--If a project
is located within the boundaries of more than 1
metropolitan planning organization, the metropolitan
planning organizations shall coordinate plans regarding
the project.
[(f) Scope of Planning Process.--
[(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, 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
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(E) enhance the integration and connectivity
of the transportation system, across and
between modes, 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 this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(g) Development of Long-Range Transportation Plan.--
[(1) In general.--Each metropolitan planning
organization shall prepare, and update periodically,
according to a schedule that the Secretary determines
to be appropriate, a long-range transportation plan for
its metropolitan area in accordance with the
requirements of this subsection.
[(2) Long-range transportation plan.--A long-range
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 but not necessarily
limited to major roadways, transit, and
multimodal and intermodal facilities) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions. In
formulating the long-range 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 long-range 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 long-range
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the long-range transportation
plan, the metropolitan planning organization
and State shall cooperatively develop estimates
of funds that will be available to support plan
implementation.
[(C) Assess capital investment and other
measures necessary to--
[(i) ensure the preservation of the
existing metropolitan transportation
system, including requirements for
operational improvements, resurfacing,
restoration, and rehabilitation of
existing and future major roadways, as
well as operations, maintenance,
modernization, and rehabilitation of
existing and future transit facilities;
and
[(ii) make the most efficient use of
existing transportation facilities to
relieve vehicular congestion and
maximize the mobility of people and
goods.
[(D) Indicate as appropriate proposed
transportation 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 long-range 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 long-range transportation plan, each
metropolitan planning organization shall provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transit, and other interested parties with a
reasonable opportunity to comment on the long-range
transportation plan, in a manner that the Secretary
deems appropriate.
[(5) Publication of long-range transportation plan.--
Each long-range transportation plan prepared by a
metropolitan planning organization shall be--
[(i) published or otherwise made readily
available for public review; and
[(ii) 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 Transportation Improvement Program.--
[(1) Development.--
[(A) In general.--In cooperation with the
State and any affected public transit operator,
the metropolitan planning organization
designated for a metropolitan area shall
develop a transportation improvement program
for the area for which the organization is
designated.
[(B) Opportunity for comment.--In developing
the program, the metropolitan planning
organization, in cooperation with the State and
any affected public transit operator, shall
provide citizens, affected public agencies,
representatives of transportation agency
employees, freight shippers, providers of
freight transportation services, private
providers of transportation, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
[(C) Funding estimates.--For the purpose of
developing the transportation improvement
program, the metropolitan planning
organization, public transit 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 program
shall be updated at least once every 2 years
and shall be approved by the metropolitan
planning organization and the Governor.
[(2) Contents.--The transportation improvement
program shall include--
[(A) a priority list of proposed federally
supported projects and strategies to be carried
out within each 3-year period after the initial
adoption of the transportation improvement
program; and
[(B) a financial plan that--
[(i) demonstrates how the
transportation improvement program 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
transportation improvement program if
reasonable additional resources beyond
those identified in the financial plan
were available.
[(3) Included projects.--
[(A) Projects under this chapter and chapter
53 of title 49.--A transportation improvement
program developed under this subsection for a
metropolitan area shall include the projects
and strategies within the area that are
proposed for funding under this chapter and
chapter 53 of title 49.
[(B) Projects under chapter 2.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
[(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
transportation improvement program, a metropolitan
planning organization shall, in cooperation with the
State and any affected public transit operator, provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transit, 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 transportation improvement program
development required under paragraph (1), the
selection of federally funded projects in
metropolitan areas shall be carried out, from
the approved transportation improvement
program--
[(i) by--
[(I) in the case of projects
under this chapter, the State;
and
[(II) in the case of projects
under chapter 53 of title 49,
the designated transit funding
recipients; 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
transportation improvement program 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 transportation
improvement program.
[(7) Publication.--
[(A) Publication of transportation
improvement programs.--A transportation
improvement program involving Government
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 transportation improvement
program.
[(i) Transportation Management Areas.--
[(1) Designation.--
[(A) Required designations.--The Secretary
shall designate as a transportation management
area each urbanized area 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 and programs.--Within a
transportation management area, transportation plans
and programs shall be based on a continuing and
comprehensive transportation planning process carried
out by the metropolitan planning organization in
cooperation with the State and transit operators.
[(3) Congestion management system.--Within a
transportation management area, the transportation
planning process under this section shall include a
congestion management system that provides for
effective management of new and existing transportation
facilities eligible for funding under this title and
chapter 53 of title 49 through the use of travel demand
reduction and operational management strategies. The
Secretary shall establish an appropriate phase-in
schedule for compliance with the requirements of this
section.
[(4) Selection of projects.--
[(A) In general.--All federally funded
projects carried out within the boundaries of a
transportation management area under this title
(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 of
title 49 shall be selected for implementation
from the approved transportation improvement
program by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transit operator.
[(B) National highway system projects.--
Projects carried out within the boundaries of 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 shall be
selected for implementation from the approved
transportation improvement program 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 in each 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
3 years, that the requirements of this
paragraph are met with respect to the
transportation management area.
[(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 transportation
improvement program for the area that
has been approved by the metropolitan
planning organization and the Governor.
[(C) Effect of failure to certify.--
[(i) Withholding of funds.--If a
metropolitan planning process is not
certified, the Secretary may withhold
up to 20 percent of the apportioned
funds attributable to the
transportation management area under
this title and chapter 53 of title 49.
[(ii) Restoration of withheld
funds.--The withheld apportionments
shall be restored to the metropolitan
area at such time as the metropolitan
planning organization is certified by
the Secretary.
[(iii) Feasibility of private
enterprise participation.--The
Secretary shall not withhold
certification under this paragraph
based on the policies and criteria
established by a metropolitan planning
organization or transit grant recipient
for determining the feasibility of
private enterprise participation in
accordance with section 5306(a) of
title 49.
[(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 and Programs 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 long-range transportation plan and
transportation improvement program for the metropolitan
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 programs 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) Transfer of Funds.--Funds made available for a highway
project under chapter 53 of title 49 shall be transferred to
and administered by the Secretary in accordance with the
requirements of this title. Funds made available for a transit
project under the Federal-Aid Highway Act of 1991 shall be
transferred to and administered by the Secretary in accordance
with the requirements of chapter 53 of title 49. The provisions
of title 23, United States Code, regarding the non-Federal
share shall apply to title 23 funds used for transit projects
and the provisions of chapter 53 of title 49 regarding non-
Federal share shall apply to chapter 53 funds used for highway
projects.
[(l) Additional Requirements for Certain Nonattainment
Areas.--
[(1) In general.--Notwithstanding any other
provisions of this title or chapter 53 of title 49, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be programmed
in such area for any highway project that will result
in a significant increase in carrying capacity for
single-occupant vehicles unless the project is part of
an approved congestion management system.
[(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).
[(m) 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 this title or chapter 53 of title 49.
[(n) Funding.--
[(1) In general.--Funds set aside under section
104(f) of this title to carry out sections 5303 through
5305 of title 49 shall be available to carry out this
section.
[(2) Unused funds.--Any funds that are not used to
carry out this section may be made available by the
metropolitan planning organization to the State to fund
activities under section 135.
[(o) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs 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 plans and programs 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 program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[Sec. 135. Statewide planning
[(a) General Requirements.--
[(1) Findings.--It is in the national interest to
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 through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
[(2) Development of plans and programs.--Subject to
section 134 of this title and sections 5303 through
5305 of title 49, each State shall develop
transportation plans and programs for all areas of the
State.
[(3) Contents.--The plans and programs for each State
shall provide for the development and integrated
management and operation of transportation systems and
facilities (including 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.
[(4) Process of development.--The process for
developing the plans and programs 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) Coordination With Metropolitan Planning; State
Implementation Plan.--In carrying out planning under this
section, a State shall coordinate such planning with the
transportation planning activities carried out under section
134 of this title and sections 5303 through 5305 of title 49
for metropolitan areas of the State and shall carry out its
responsibilities for the development of the transportation
portion of the State implementation plan to the extent required
by the Clean Air Act.
[(c) Scope of Planning Process.--
[(1) In general.--Each State shall carry out a
transportation planning process that provides for
consideration of projects and strategies that will--
[(A) support the economic vitality of the
United States, the States, 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
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(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 this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(d) Additional Requirements.--In carrying out planning under
this section, each State shall, at a minimum, consider--
[(1) with respect to nonmetropolitan areas, the
concerns of local elected officials representing units
of general purpose local government;
[(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, programs,
and planning activities with related planning
activities being carried out outside of metropolitan
planning areas.
[(e) Long-Range Transportation Plan.--
[(1) Development.--Each State shall develop a long-
range 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.--With respect to
each metropolitan area in the State, the long-
range transportation plan shall be developed in
cooperation with the metropolitan planning
organization designated for the metropolitan
area under section 134 of this title and
section 5303 of title 49.
[(B) Nonmetropolitan areas.--With respect to
each nonmetropolitan area, the long-range
transportation plan shall be developed in
consultation with affected local officials with
responsibility for transportation.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the long-range
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 long-range transportation plan, the
State shall--
[(A) provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, private
providers of transportation, representatives of
users of public transit, 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 long-range transportation
plan may include a financial plan that demonstrates how
the adopted long-range 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.
[(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (4).
[(f) State Transportation Improvement Program.--
[(1) Development.--
[(A) In general.--Each State shall develop a
transportation improvement program for all
areas of the State.
[(B) Consultation with governments.--
[(i) 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 134 of this title and
section 5303 of title 49.
[(ii) Nonmetropolitan areas.--
[(I) In general.--With
respect to each nonmetropolitan
area in the State, the program
shall be developed in
consultation with affected
local officials with
responsibility for
transportation.
[(II) Review.--Not later than
1 year after the date of
enactment of this subclause,
the State shall submit to the
Secretary the details of the
consultative planning process
developed by the State for
nonmetropolitan areas under
subclause (I). The Secretary
shall not review or approve
such process.
[(iii) 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.
[(C) Participation by interested parties.--In
developing the program, the Governor shall
provide citizens, affected public agencies,
representatives of transportation agency
employees, freight shippers, private providers
of transportation, providers of freight
transportation services, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
[(2) 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) Chapter 2 projects.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
[(C) Consistency with long-range
transportation plan.--Each project shall be--
[(i) consistent with the long-range
transportation plan developed under
this section for the State;
[(ii) identical to the project as
described in an approved metropolitan
transportation improvement program; 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 such
Act.
[(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.
[(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
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.
[(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 program shall reflect
the priorities for programming and expenditures
of funds, including transportation enhancement
activities, required by this title.
[(3) Project selection for areas of less than 50,000
population.--
[(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals (excluding projects carried out on
the National Highway System and projects
carried out under the bridge program or the
Interstate maintenance program) shall be
selected, from the approved statewide
transportation improvement program, by the
State in cooperation with the affected local
officials.
[(B) National highway system projects.--
Projects carried out in areas described in
subparagraph (A) on the National Highway System
and projects carried out in such areas under
the bridge program or the Interstate
maintenance program shall be selected, from the
approved statewide transportation improvement
program, by the State in consultation with the
affected local officials.
[(4) Biennial review and approval.--A transportation
improvement program developed under this subsection
shall be reviewed and, on a finding that the planning
process through which the program was developed is
consistent with this section, section 134, and sections
5303 through 5305 of title 49, approved not less
frequently than biennially by the Secretary.
[(5) 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 statewide
transportation improvement program in place of another
project in the program.
[(g) Funding.--Funds set aside pursuant to section 505(a) of
title 23, United States Code, shall be available to carry out
the requirements of this section.
[(h) Treatment of Certain State Laws as Congestion Management
Systems.--For purposes of this section, section 134, and
sections 5303-5306 and 5323(k) of title 49, State laws, rules
or regulations pertaining to congestion management systems or
programs may constitute the congestion management system under
this Act if the Secretary finds that the State laws, rules or
regulations are consistent with, and fulfill the intent of, the
purposes of this section, section 134 or sections 5303-5306 and
5323(k), as appropriate.
[(i) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs 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 plans and programs 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 program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).]
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.
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. 138. Preservation of parklands
(a) Policy.--It is hereby declared to be the national policy
that special effort should be made to preserve the natural
beauty of the countryside and public park and recreation lands,
wildlife and waterfowl refuges, and historic sites. The
Secretary of Transportation shall cooperate and consult with
the Secretaries of the Interior, Housing and Urban Development,
and Agriculture, and with the States in developing
transportation plans and programs that include measures to
maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of
1968, the Secretary shall not approve any program or project
(other than any project for a park road or parkway under
section 204 of this title) which requires the use of any
publicly owned land from a public park, recreation area, or
wildlife and waterfowl refuge of national, State, or local
significance as determined by the Federal, State, or local
officials having jurisdiction thereof, or any land from an
historic site of national, State, or local significance as so
determined by such officials unless (1) there is no feasible
and prudent alternative to the use of such land, and (2) such
program includes all possible planning to minimize harm to such
park, recreational area, wildlife and waterfowl refuge, or
historic site resulting from such use.
(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 the integrity of the
property's location, design, setting,
materials, workmanship, feeling, or
association.
(c) Studies.--In carrying out the national policy declared in
this section the Secretary, in cooperation with the Secretary
of the Interior and appropriate State and local officials, is
authorized to conduct studies as to the most feasible Federal-
aid routes for the movement of motor vehicular traffic through
or around national parks so as to best serve the needs of the
traveling public while preserving the natural beauty of these
areas.
* * * * * * *
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 2005 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.
* * * * * * *
Sec. 143. Highway use tax evasion projects
(a) * * *
(b) Projects.--
(1) * * *
(2) Allocation of funds.--Funds made available to
carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary; 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.
(3) Conditions on funds allocated to internal revenue
service.--[The] Except as otherwise provided in this
section, the Secretary shall not impose any condition
on the use of funds allocated to the Internal Revenue
Service under this subsection.
(4) Limitation on use of funds.--Funds made available
to carry out this section shall be used only--
(A) * * *
* * * * * * *
(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts; [and]
(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes[.];
(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.
* * * * * * *
(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.
(c) Excise Fuel Reporting System.--
(1) In general.--Not later than [August 1, 1998,] 90
days after the date of enactment of the Transportation
Equity Act: A Legacy for Users, the Secretary shall
enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of the [development] completion, operation,
and maintenance by the Internal Revenue Service of [an
excise fuel reporting system (in this subsection
referred to as the ``system'')] an excise summary
terminal activity reporting system.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
[develop] complete and maintain [the system]
the excise summary terminal activity reporting
system through contracts;
(B) the system shall be under the control of
the Internal Revenue Service; [and]
(C) the 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[.]; and
(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.
[(3) Funding priority.--Of the amounts made available
to carry out this section for each of fiscal years 1998
through 2003, and prior to funding any other activity
under this section, the Secretary shall make available
sufficient funds to the Internal Revenue Service to
establish and operate an automated fuel reporting
system.]
(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.
(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 31 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.
* * * * * * *
Sec. 144. Highway bridge replacement and rehabilitation program
(a) * * *
* * * * * * *
[(d) 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
subsection (b) and (c) of this section shows to be eligible,
the Secretary may approve Federal participation in replacing
such bridge with a comparable facility or in rehabilitating
such bridge. Whenever any State makes application to the
Secretary for assistance in painting and seismic retrofit, or
applying calcium magnesium acetate, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions or installing scour
countermeasures to, the structure of a highway bridge, the
Secretary may approve Federal participation in the painting or
seismic retrofit of, or application of such acetate or sodium
acetate/formate or such anti-icing or de-icing composition or
installation of such countermeasures to, such structure. 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 seismic retrofit of a bridge under this
section without regard to whether the bridge is eligible for
replacement or rehabilitation under this section. In approving
projects (other than projects for bridge structure painting or
seismic retrofit or application of such acetate or sodium
acetate/formate or such anti-icing or de-icing composition or
installation of such countermeasures) under this section, the
Secretary shall give consideration to those projects which will
remove from service those highway bridges most in danger of
failure.]
(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.
* * * * * * *
(g) Set Asides.--
(1) Discretionary bridge program.--
(A) * * *
* * * * * * *
(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; 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).
* * * * * * *
(3) Off-system bridges.--Not less than [15 percent]
20 percent nor more than 35 percent of the amount
apportioned to each State in each of fiscal years
[1987] 2005 through [2004 and in the period of October
1, 2004, through May 31, 2005,] 2009 for the bridge
program, shall be expended for projects to replace,
rehabilitate, paint, perform systematic preventive
maintenance, or seismic retrofit, or apply calcium
magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions or install scour
countermeasures, to highway bridges located on public
roads, other than those on a Federal-aid highway. The
Secretary, after consultation with State and local
officials, may, with respect to such State, reduce the
requirement for expenditure for bridges not on a
Federal-aid highway when the Secretary determines that
such State has inadequate needs to justify such
expenditure.
* * * * * * *
(i) Inventories and Reports.--The Secretary shall--
(1) * * *
* * * * * * *
Such reports shall be submitted to such committees biennially
[at the same time as the report required by section 307(f) of
this title is submitted to Congress].
* * * * * * *
Sec. 145. Federal-State relationship
(a) * * *
(b) Purpose of Projects.--The projects described in section
1702 of the Transportation Equity Act: A Legacy for Users,
section 1602 of the Transportation Equity Act for the 21st
Century, sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.),
and section 149(a) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are
intended to establish eligibility for Federal-aid highway funds
made available for such projects by section 1101(a)(17) of the
Transportation Equity Act: A Legacy for Users, section
1101(a)(13) of the Transportation Equity Act for the 21st
Century, [117 of title 23, United States Code,] section 117 of
this title, sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991, and subsections
(b), (c), and (d) of section 149 of the Surface Transportation
and Uniform Relocation Assistance Act of 1987, respectively,
and are not intended to define the scope or limits of Federal
action in a manner inconsistent with subsection (a).
* * * * * * *
Sec. 149. Congestion mitigation and air quality improvement program
(a) * * *
(b) Eligible Projects.--Except as provided in subsection (c),
a State may obligate funds apportioned to it under section
104(b)(2) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, and--
(1) * * *
* * * * * * *
(4) to establish or operate a traffic monitoring,
management, and control facility or program, including
advanced truck stop electrification systems, if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program is likely to contribute to the
attainment of a national ambient air quality standard;
or
(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
improve transportation systems management and
operations, and implement intelligent transportation
system strategies and such other projects that are
eligible for assistance under this section on the day
before the date of enactment of this paragraph.
* * * * * * *
Sec. 150. Deployment of intelligent transportation systems
(a) In General.--In each of fiscal years 2005 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.
* * * * * * *
Sec. 152. Hazard elimination program
(a) In General.--
(1) Program.--Each State shall conduct and
systematically maintain an engineering survey of all
public roads to identify hazardous locations, sections,
and elements, including roadside obstacles and unmarked
or poorly marked roads, which may constitute a danger
to motorists, bicyclists, [and] pedestrians, and the
disabled, identify roadway safety improvement needs for
such locations, sections, and elements, assign
priorities for the correction of such locations,
sections, and elements, and establish and implement a
schedule of projects for their improvement.
(2) Hazards.--In carrying out paragraph (1), a State
may, at its discretion--
(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, the
disabled, and users of highway facilities; and
* * * * * * *
(b) The Secretary may approve as a project under this section
any safety improvement project, including a project described
in subsection (a) that reduces the likelihood of crashes
involving road departures, intersections, pedestrians, the
disabled, bicyclists, older drivers, or construction work
zones.
(c) Funds authorized to carry out this section shall be
available for expenditure on--
(1) * * *
(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail;
[or]
(3) any traffic calming measure[.];
(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;
(6) installation of protective devices at railway-
highway crossings; and
(7) 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.
[(d) The Federal share payable on account of any project
under this section shall be 90 percent of the cost thereof.]
(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.
* * * * * * *
(g) Each State shall report to the Secretary of
Transportation not later than December 30 of each year, on the
progress being made to implement safety improvement projects
for hazard elimination and the effectiveness of such
improvements. Each State report shall contain an assessment of
the cost of, and safety benefits derived from, the various
means and methods used to mitigate or eliminate hazards and the
previous and subsequent accident experience at these locations.
[The Secretary of Transportation shall submit a report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives not later than April 1 of each year on the
progress being made by the States in implementing the hazard
elimination program (including but not limited to any projects
for pavement marking). The report shall include, but not be
limited to, the number of projects undertaken, their
distribution by cost range, road system, means and methods
used, and the previous and subsequent accident experience at
improved locations. In addition, the Secretary's report shall
analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements
required by subsection (a) and include recommendations for
future implementation of the hazard elimination program.]
* * * * * * *
(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.
Sec. 153. Use of safety belts and motorcycle helmets
(a) * * *
* * * * * * *
(h) Penalty.--
(1) * * *
(2) [Thereafter] Fiscal years 1995-2004.--If, at any
time in a fiscal year beginning after September 30,
1994, and ending before October 1, 2004, a State does
not have in effect a law described in subsection
(a)(2), the Secretary shall transfer 3 percent of the
funds apportioned to the State for the succeeding
fiscal year under each of subsections (b)(1), (b)(2),
and (b)(3) of section 104 of this title to the
apportionment of the State under section 402 of this
title.
(3) Fiscal year 2005 and thereafter.--On October 1,
2004, 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.
[(3)] (4) Federal share.--The Federal share of the
cost of any project carried out under section 402 with
funds transferred to the apportionment of section 402
shall be 100 percent.
[(4)] (5) Transfer of obligation authority.--If the
Secretary transfers under this subsection any funds to
the apportionment of a State under section 402 for a
fiscal year, the Secretary shall allocate an amount of
obligation authority distributed for such fiscal year
to the State for Federal-aid highways and highway
safety construction programs for carrying out only
projects under section 402 [which is determined by
multiplying] which, for fiscal year 2005 and each
fiscal year thereafter, is determined by multiplying--
(A) * * *
(B) the ratio of the amount of obligation
authority distributed for [such fiscal year]
fiscal year 2003 to the State for Federal-aid
highways and highway safety construction
programs to the total of the sums apportioned
to the State for Federal-aid highways and
highway safety construction (excluding sums not
subject to any obligation limitation) for [such
fiscal year] fiscal year 2003.
[(5)] (6) Limitation on applicability of highway
safety obligations.
* * * * * * *
(i) Definitions.--For the purposes of this section, the
following definitions apply:
(1) * * *
[(2) Motor vehicle.--The term ``motor vehicle'' has
the meaning such term has under section 154 of this
title.]
[(3)] (2) Passenger vehicle.--The term ``passenger
vehicle'' means a motor vehicle which is designed for
transporting 10 individuals or less, including the
driver, except that such term does not include a
vehicle which is constructed on a truck chassis, a
motorcycle, a trailer, or any motor vehicle which is
not required on the date of the enactment of this
section under a Federal motor vehicle safety standard
to be equipped with a belt system.
[(4)] (3) Safety belt.--The term ``safety belt''
means--
(A) * * *
* * * * * * *
Sec. 154. Open container requirements
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(3)] (2) Open alcoholic beverage container.--The
term ``open alcoholic beverage container'' means any
bottle, can, or other receptacle--
(A) * * *
* * * * * * *
[(4)] (3) Passenger area.--The term ``passenger
area'' shall have the meaning given the term by the
Secretary by regulation.
* * * * * * *
(c) Transfer of Funds.--
(1) * * *
(2) Fiscal year 2003 and [fiscal years thereafter]
fiscal year 2004.--On October 1, 2002, [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 an amount
equal to 3 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the
State under section 402 to be used or directed as
described in subparagraph (A) or (B) of paragraph (1).
(3) Fiscal year 2005 and thereafter.--On October 1,
2004, 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).
[(3)] (4) Use for hazard elimination program.--A
State may elect to use all or a portion of the funds
transferred under [paragraph (1) or (2)] paragraph (1),
(2), or (3) for activities eligible under section 152.
[(4)] (5) Federal share.--The Federal share of the
cost of a project carried out with funds transferred
under [paragraph (1) or (2)] paragraph (1), (2), or
(3), or used under [paragraph (3)] paragraph (4), shall
be 100 percent.
[(5)] (6) Derivation of amount to be transferred.--
The amount to be transferred under [paragraph (1) or
(2)] paragraph (1), (2), or (3) may be derived from one
or more of the following:
(A) * * *
[(6)] (7) Transfer of obligation authority.--
(A) * * *
(B) Amount.--[The] For fiscal year 2005 and
each fiscal year thereafter, the amount of
obligation authority referred to in
subparagraph (A) shall be determined by
multiplying--
(i) * * *
(ii) the ratio that--
(I) the amount of obligation
authority distributed for [the
fiscal year] fiscal year 2003
to the State for Federal-aid
highways and highway safety
construction programs, bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for [the fiscal
year] fiscal year 2003.
[(7)] (8) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
* * * * * * *
Sec. 157. Safety incentive grants for use of seat belts
(a) * * *
* * * * * * *
(g) 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
$82,000,000 for fiscal year 1999, $92,000,000 for
fiscal year 2000, $102,000,000 for fiscal year 2001,
$112,000,000 for fiscal year 2002, $112,000,000 for
fiscal year 2003, $112,000,000 [for fiscal year 2004,
and $74,666,667 for the period of October 1, 2004,
through May 31, 2005] and for each of fiscal years
2003, 2004, and 2005.
* * * * * * *
Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
(a) * * *
* * * * * * *
(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.
[(e)] (f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$55,000,000 for fiscal year 1998, $65,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, $110,000,000 for fiscal year 2003,
$110,000,000 [for fiscal year 2004, and $73,333,333 for
the period of October 1, 2004, through May 31, 2005]
and for each of fiscal years 2004 and 2005.
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(4) Motor vehicle.--The term ``motor vehicle'' [means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or] does not include a commercial vehicle.
(5) Repeat intoxicated driver law.--The term ``repeat
intoxicated driver law'' means a State law that
provides, as a minimum penalty, that an individual
convicted of a second or subsequent offense for driving
while intoxicated or driving under the influence after
a previous conviction for that offense shall--
[(A) receive a driver's license suspension
for not less than 1 year;]
(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;
* * * * * * *
(b) Transfer of Funds.--
(1) * * *
(2) Fiscal year 2003 [and fiscal years thereafter]
fiscal year 2004.--On October 1, 2002, [and each
October 1 thereafter,] if a State has not enacted or is
not enforcing a repeat intoxicated driver law, the
Secretary shall transfer an amount equal to 3 percent
of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section
402 to be used or directed as described in subparagraph
(A) or (B) of paragraph (1).
(3) Fiscal year 2005 and thereafter.--On October 1,
2004, 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).
[(3)] (4) Use for hazard elimination program.--A
State may elect to use all or a portion of the funds
transferred under [paragraph (1) or (2)] paragraph (1),
(2), or (3) for activities eligible under section 152.
[(4)] (5) Federal share.--The Federal share of the
cost of a project carried out with funds transferred
under [paragraph (1) or (2)] paragraph (1), (2), or
(3), or used under [paragraph (3)] paragraph (4), shall
be 100 percent.
[(5)] (6) Derivation of amount to be transferred.--
The amount to be transferred under [paragraph (1) or
(2)] paragraph (1), (2), or (3) may be derived from one
or more of the following:
(A) The apportionment of the State under
section 104(b)(1).
(B) The apportionment of the State under
section 104(b)(3).
(C) The apportionment of the State under
section 104(b)(4).
[(6)] (7) Transfer of obligation authority.--
(A) * * *
(B) Amount.--[The] For fiscal year 2005 and
each fiscal year thereafter, the amount of
obligation authority referred to in
subparagraph (A) shall be determined by
multiplying--
(i) * * *
(ii) the ratio that--
(I) the amount of obligation
authority distributed for [the
fiscal year] fiscal year 2003
to the State for Federal-aid
highways and highway safety
construction programs, bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for [the fiscal
year] fiscal year 2003.
[(7)] (8) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
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.
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.
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 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.
Sec. 168. 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.--Under subparagraph (B),
a State agency may charge no toll or a toll
that is 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
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.
* * * * * * *
[SUBCHAPTER II--INFRASTRUCTURE FINANCE]
* * * * * * *
CHAPTER 2--OTHER HIGHWAYS
* * * * * * *
Sec. 202. Allocations
(a) * * *
* * * * * * *
(d) Indian Reservation Roads.--
(1) * * *
(2) Fiscal year 2000 and thereafter.--
(A) In general.--All funds authorized to be
appropriated for Indian reservation roads shall
be allocated among Indian tribes for fiscal
year 2000 and each subsequent fiscal year in
accordance with a formula established by the
Secretary of the Interior under a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5; except that, beginning
October 1, 2004, 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.
* * * * * * *
(E) Alaska native road inventory.--
(i) In general.--For fiscal year 2005
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.
[(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 under this title for
Indian reservation roads and for highway
bridges located on Indian reservation roads to
pay for the costs of programs, services,
functions, and activities, or portions thereof,
that are specifically or functionally related
to the cost of planning, research, engineering,
and construction of any highway, road, bridge,
parkway, or transit facility that provides
access to or is located within the reservation
or community of an Indian tribe shall be made
available, upon request of the Indian tribal
government, to the Indian tribal government for
contracts and agreements for such planning,
research, engineering, and construction in
accordance with the Indian Self-Determination
and Education Assistance Act.
[(B) Exclusion of agency participation.--
Funds for programs, functions, services, or
activities, or portions thereof, including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) applies, shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
the Interior that has previously carried out
such programs, functions, services, or
activities.]
(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 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.
* * * * * * *
Sec. 204. Federal Lands Highways Program
(a) * * *
* * * * * * *
(k) Refuge Roads.--
(1) In general.--Notwithstanding any other provision
of this title, funds made available for refuge roads
shall be used by the Secretary and the Secretary of the
Interior only to pay the cost of--
(A) * * *
(B) maintenance and improvements of eligible
projects described in paragraphs (2), (5), and
(6) of subsection (h) that are located in or
adjacent to wildlife refuges; [and]
(C) construction, maintenance, and
improvement of wildlife observation
infrastructure; and
[(C)] (D) administrative costs associated
with such [maintenance and improvements]
construction, maintenance, and improvements.
* * * * * * *
Sec. 206. Recreational trails program
(a) * * *
* * * * * * *
(d) Use of Apportioned Funds.--
(1) * * *
[(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 required 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) payment of costs to the State incurred
in administering the program, but in an amount
not to exceed 7 percent of the apportionment
made to the State for the fiscal year to carry
out this section; and
[(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.]
(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.
(3) Use of apportionments.--
(A) * * *
* * * * * * *
[(C) Waiver authority.--A State recreational
trail advisory committee established under
subsection (c)(2) may waive, in whole or in
part, the requirements of clauses (ii) and
(iii) of subparagraph (A) if the State
recreational trail advisory committee
determines and notifies the Secretary that the
State does not have sufficient projects to meet
the requirements of clauses (ii) and (iii) of
subparagraph (A).]
[(D)] (C) State administrative costs.--State
administrative costs eligible for funding under
paragraph [(2)(F)] (2)(H) shall be exempt from
the requirements of subparagraph (A).
* * * * * * *
(f) Federal Share.--
(1) In general.--Subject to the other provisions of
this subsection, the Federal share of the cost of a
project and the Federal share of the administrative
costs of a State under this section shall [not exceed
80 percent] be determined in accordance with section
120(b).
(2) Federal agency project sponsor.--Notwithstanding
any other provision of law, a Federal agency that
sponsors a project under this section may contribute
additional Federal funds toward the cost of a project,
except that--
(A) the share attributable to the Secretary
of Transportation may not exceed [80 percent
of] the amount determined in accordance with
section 120(b) for the cost of a project under
this section; and
(B) the share attributable to the Secretary
and the Federal agency sponsoring the project
may not exceed 95 percent of the cost of a
project under this section.
* * * * * * *
(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.
[(4)] (5) Programmatic non-federal share.--A State
may allow adjustments to the non-Federal share of an
individual project for a fiscal year under this section
if the Federal share of the cost of all projects
carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds
apportioned to the State for the fiscal year does not
exceed [80 percent] the Federal share as determined in
accordance with section 120(b).
[(5) State administrative costs.--The Federal share
of the administrative costs of a State under this
subsection shall be determined in accordance with
section 120(b).]
* * * * * * *
(h) Project Administration.--
(1) Credit for donations of funds, materials,
services, or new right-of-way.--
(A) * * *
* * * * * * *
(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.
* * * * * * *
CHAPTER 4--HIGHWAY SAFETY
Sec.
401. Authority of the Secretary
* * * * * * *
412. State traffic safety information system improvements.
* * * * * * *
Sec. 402. Highway safety programs
(a) Each State shall have a highway safety program approved
by the Secretary, designed to reduce traffic accidents and
deaths, injuries, and property damage resulting therefrom. Such
programs shall be in accordance with uniform guidelines
promulgated by the Secretary. Such uniform guidelines shall be
expressed in terms of performance criteria. In addition, such
uniform guidelines shall include programs (1) to reduce
injuries and deaths resulting from motor vehicles being driven
in excess of posted speed limits, (2) to encourage the proper
use of occupant protection devices (including the use of safety
belts and child restraint systems) by occupants of motor
vehicles and to increase public awareness of the benefit of
motor vehicles equipped with airbags, (3) to reduce deaths and
injuries resulting from persons driving motor vehicles while
impaired by alcohol or a controlled substance, (4) to prevent
accidents and reduce deaths and injuries resulting from
accidents involving motor vehicles and motorcycles, (5) to
reduce injuries and deaths resulting from accidents involving
school buses, [and] (6) to improve law enforcement services in
motor vehicle accident prevention, traffic supervision, and
post-accident procedures. The Secretary shall establish a
highway safety program for the collection and reporting of data
on traffic-related deaths and injuries by the States. Under
such program, the States shall collect and report such data as
the Secretary may require. The purposes of the program are to
ensure national uniform data on such deaths and injuries and to
allow the Secretary to make determinations for use in
developing programs to reduce such deaths and injuries and
making recommendations to Congress concerning legislation
necessary to implement such programs. The program shall provide
for annual reports to the Secretary on the efforts being made
by the States in reducing deaths and injuries occurring at
highway construction sites and the effectiveness and results of
such efforts. The Secretary shall establish minimum reporting
criteria for the program. Such criteria shall include, but not
be limited to, criteria on deaths and injuries resulting from
police pursuits, school bus accidents, and speeding, on
traffic-related deaths and injuries at highway construction
sites and on the configuration of commercial motor vehicles
involved in motor vehicle accidents. Such uniform guidelines
shall be promulgated by the Secretary so as to improve driver
performance (including, but not limited to, driver education,
driver testing to determine proficiency to operate motor
vehicles, driver examinations (both physical and mental) and
driver licensing) and to improve pedestrian performance and
bicycle safety. In addition such uniform guidelines shall
include, but not be limited to, provisions for an effective
record system of accidents (including injuries and deaths
resulting therefrom), accident investigations to determine the
probable causes of accidents, injuries, and deaths, vehicle
registration, operation, and inspection, highway design and
maintenance (including lighting, markings, and surface
treatment), traffic control, vehicle codes and laws,
surveillance of traffic for detection and correction of high or
potentially high accident locations, enforcement of light
transmission standards of window glazing for passenger motor
vehicles and light trucks as necessary to improve highway
safety, and emergency services. Such guidelines as are
applicable to State highway safety programs shall, to the
extent determined appropriate by the Secretary, be applicable
to federally administered areas where a Federal department or
agency controls the highways or supervises traffic operations;
and (7) to reduce deaths and injuries resulting from persons
driving motor vehicles while fatigued.
* * * * * * *
Sec. 405. Occupant protection incentive grants
(a) General Authority.--
(1) * * *
(2) 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 to ensure that the State will
maintain its aggregate expenditures from all other
sources for programs described in paragraph (1) at or
above the average level of such expenditures in its 2
fiscal years preceding the date of enactment of the
[Transportation Equity Act for the 21st Century]
Transportation Equity Act: A Legacy for Users.
(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, [1997] 2003.
(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
(C) in each of the fifth and sixth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 25 percent.
(b) Grant Eligibility.--[A State shall become eligible] 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 for a grant under this section by
adopting or demonstrating to the satisfaction of the Secretary
at least 4 of the following:
(1) * * *
* * * * * * *
(c) Grant Amounts.--The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up
to [25 percent] 100 percent of the amount apportioned to the
State for fiscal year [1997] 2003 under section 402.
* * * * * * *
(f) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.]
[(3)] (2) Multipurpose passenger vehicle.--The term
``multipurpose passenger vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special
features for occasional off-road operation.
[(4)] (3) Passenger car.--The term ``passenger car''
means a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals.
[(5)] (4) Passenger motor vehicle.--The term
``passenger motor vehicle'' means a passenger car or a
multipurpose passenger motor vehicle.
[(6)] (5) Safety belt.--The term ``safety belt''
means--
(A) * * *
* * * * * * *
Sec. 410. Alcohol-impaired driving countermeasures
(a) General Authority.--
(1) * * *
(2) 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 to ensure that the State will
maintain its aggregate expenditures from all other
sources for alcohol traffic safety programs at or above
the average level of such expenditures in its 2 fiscal
years preceding the date of enactment of the
[Transportation Equity Act for the 21st Century]
Transportation Equity Act: A Legacy for Users.
(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 8 fiscal
years beginning after September 30, [1997] 2003.
(4) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program
adopted by a State pursuant to paragraph (1) shall not
exceed--
(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
(C) in each of the fifth, sixth, seventh, and
eighth fiscal years beginning after September
30, 2003, in which the State receives a grant
under this section, 25 percent.
(b) Basic Grant Eligibility.--
(1) Basic grant a.--[A State shall become eligible] 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 for a grant under
this paragraph by adopting or demonstrating to the
satisfaction of the Secretary [at least 5 of the
following] at least 6 of the following for fiscal year
2005 and fiscal year 2006 and at least 7 of the
following for each fiscal year thereafter:
(A) Administrative license revocation.--An
administrative driver's license suspension or
revocation system for individuals who operate
motor vehicles while under the influence of
alcohol that requires that--
(i) in the case of an individual who,
in any 5-year period beginning after
the date of enactment of the
Transportation Equity Act for the 21st
Century, is determined on the basis of
a chemical test to have been operating
a motor vehicle while under the
influence of alcohol or is determined
to have refused to submit to such a
test as proposed by a law enforcement
officer, the State agency responsible
for administering drivers' licenses,
upon receipt of the report of the law
enforcement officer--
(I) * * *
(II) shall suspend the
driver's license of such
individual for a period of not
less than 1 year, or revoke
such license, if such
individual is a repeat offender
in such 5-year period; [and]
(ii) the suspension and revocation
referred to under clause (i) shall take
effect not later than 30 days after the
day on which the individual refused to
submit to a chemical test or received
notice of having been determined to be
driving under the influence of alcohol,
in accordance with the procedures of
the State[.];
(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.
(B) Underage drinking program.--An effective
system, as determined by the Secretary, for
preventing operators of motor vehicles under
age 21 from obtaining alcoholic beverages and
for preventing persons from making alcoholic
beverages available to individuals under age
21. Such system [may include the issuance] may
include--
(i) the issuance of drivers' licenses
to individuals under age 21 that are
easily distinguishable in appearance
from drivers' licenses issued to
individuals age 21 or older and the
issuance of drivers' licenses that are
tamper resistant[.]; and
(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.
* * * * * * *
[(F) Young adult drinking programs.--Programs
to reduce driving while under the influence of
alcohol by individuals age 21 through 34. Such
programs may include awareness campaigns;
traffic safety partnerships with employers,
colleges, and the hospitality industry;
assessments of first-time offenders; and
incorporation of treatment into judicial
sentencing.]
(F) Outreach program.--A judicial and
prosecutorial education, training, and outreach
program that provides information on the
appropriateness and effectiveness of sentencing
options.
* * * * * * *
(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).
(J) Program for the impoundment of
vehicles.--A program to impound a vehicle
operated by a person who is arrested for
operating that vehicle while under the
influence of alcohol.
[(2) Basic grant b.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary each
of the following:
[(A) Fatal impaired driver percentage
reduction.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has
decreased in each of the 3 most recent calendar
years for which statistics for determining such
percentages are available.
[(B) Fatal impaired driver percentage
comparison.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has been
lower than the average percentage for all
States in each of the calendar years referred
to in subparagraph (A).]
(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.
(3) Basic grant amount.--The amount of a basic grant
made to a State for a fiscal year under this subsection
shall equal up to [25 percent] 100 percent of the
amount apportioned to the State for fiscal year [1997]
2003 under section 402.
[(c) Supplemental Grants.--
[(1) In general.--Upon receiving an application from
a State, the Secretary may make supplemental grants to
the State for meeting 1 or more of the following
criteria:
[(A) Video equipment for detection of drunk
drivers.--The State provides for a program to
acquire video equipment to be used in detecting
persons who operate motor vehicles while under
the influence of alcohol and in prosecuting
those persons, and to train personnel in the
use of that equipment.
[(B) Self-sustaining drunk driving prevention
program.--The State provides for 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 which have
comprehensive programs for the prevention of
such operations of motor vehicles.
[(C) Reducing driving with a suspended
license.--The State enacts and enforces a law
to reduce driving with a suspended license.
Such law, as determined by the Secretary, may
require a ``zebra'' stripe that is clearly
visible on the license plate of any motor
vehicle owned and operated by a driver with a
suspended license.
[(D) Use of passive alcohol sensors.--The
State provides for a program to acquire passive
alcohol sensors to be used by police officers
in detecting persons who operate motor vehicles
while under the influence of alcohol, and to
train police officers in the use of that
equipment.
[(E) Effective DWI tracking system.--The
State demonstrates an effective driving while
intoxicated (DWI) tracking system. Such a
system, as determined by the Secretary, may
include data covering arrests, case
prosecutions, court dispositions and sanctions,
and provide for the linkage of such data and
traffic records systems to appropriate
jurisdictions and offices within the State.
[(F) Other programs.--The State provides for
other innovative programs to reduce traffic
safety problems resulting from individuals
driving while under the influence of alcohol or
controlled substances, including programs that
seek to achieve such a reduction through legal,
judicial, enforcement, educational,
technological, or other approaches.
[(2) Eligibility.--A State shall be eligible to
receive a grant under this subsection in a fiscal year
only if the State is eligible to receive a grant under
subsection (b) in such fiscal year.
[(3) Funding.--Of the amounts made available to carry
out this section in a fiscal year, not to exceed 10
percent shall be available for making grants under this
subsection.]
(c) Allocation for Basic Grants B.--Not more than $20,000,000
per fiscal year of amounts made available to carry out this
section shall be available for making grants under subsection
(b)(2).
* * * * * * *
Sec. 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 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.
* * * * * * *
[CHAPTER 5--RESEARCH AND TECHNOLOGY]
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec.
501. Definitions
* * * * * * *
[507. Surface transportation-environment cooperative research program
[508. Surface transportation research strategic planning]
507. Surface transportation environment and planning cooperative
research program.
508. Transportation research and development strategic planning.
509. National cooperative freight transportation research program.
510. Future strategic highway research program.
* * * * * * *
Sec. 502. Surface transportation research
(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.--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.
[(a)] (b) General Authority.--
(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
(A) * * *
(B) all phases of transportation planning and
development (including construction, operation,
transportation system management and
operations, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
* * * * * * *
[(3) Cooperation, grants, and contracts.--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, the National Academy of
Sciences, the American Association of State
Highway and Transportation Officials, or any
Federal laboratory, State agency, authority,
association, institution, for-profit or
nonprofit corporation, organization, foreign
country, or person.]
(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.
* * * * * * *
(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.
[(b)] (c) Collaborative Research and Development.--
(1) * * *
[(2) Agreements.--In carrying out this subsection,
the Secretary may enter into cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)).]
(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.
* * * * * * *
[(c)] (d) Contents of Research Program.--The Secretary shall
include in surface transportation research, technology
development, and technology transfer programs carried out under
this title coordinated activities in the following areas:
(1) * * *
* * * * * * *
(5) Dynamic simulation models of surface
transportation systems for--
(A) * * *
* * * * * * *
(C) testing the strengths and weaknesses of
proposed revisions to surface transportation
system management and operations programs.
* * * * * * *
(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.
[(d) Advanced Research.--
[(1) In general.--The Secretary shall establish an
advanced research program, consistent with the surface
transportation research and technology development
strategic plan developed under section 508, that
addresses longer-term, higher-risk research that shows
potential benefits for improving the durability,
efficiency, environmental impact, productivity, and
safety (including bicycle and pedestrian safety) of
highway and intermodal transportation systems. In
carrying out the program, the Secretary shall strive to
develop partnerships with the public and private
sectors.
[(2) Research areas.--In carrying out the program,
the Secretary may make grants and enter into
cooperative agreements and contracts in such areas 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) Diagnostics for evaluation of the
condition of bridge and pavement structures to
enable the assessment of risks of failure,
including from seismic activity, vibration, and
weather.
[(C) Design and construction details for
composite structures.
[(D) Safety technology-based problems in the
areas of pedestrian and bicycle safety,
roadside hazards, and composite materials for
roadside safety hardware.
[(E) Environmental research, including
particulate matter source apportionment and
model development.
[(F) Data acquisition techniques for system
condition and performance monitoring.
[(G) Human factors, including prediction of
the response of travelers to new technologies.
[(e) Long-Term Pavement Performance Program.--
[(1) Authority.--The Secretary shall complete the
long-term pavement performance program tests initiated
under the strategic highway research program
established under section 307(d) (as in effect on the
day before the date of enactment of this section) and
continued by the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914 et seq.) through
the midpoint of a planned 20-year life of the long-term
pavement 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
highway test sections in existence as of the
date of the grant, agreement, or contract;
[(B) analyze the data obtained in carrying
out subparagraph (A); and
[(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.]
(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.
(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.
[(f)] (g) Seismic Research Program.--
(1) * * *
* * * * * * *
[(g)] (h) Infrastructure Investment Needs Report.--
(1) * * *
* * * * * * *
(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) 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.
Sec. 503. Technology deployment
(a) Technology Deployment [Initiatives and Partnerships]
Program.--
[(1) Establishment.--The Secretary shall develop and
administer a national technology deployment initiatives
and partnerships program.]
(1) Establishment.--The Secretary shall develop and
administer a national technology deployment program.
* * * * * * *
[(7) Grants, cooperative agreements, and contracts.--
Under the program, the Secretary may make grants and
enter into cooperative agreements and contracts to
foster alliances and support efforts to stimulate
advances in transportation technology, including--
[(A) the testing and evaluation of products
of the strategic highway research program;
[(B) the further development and
implementation of technology in areas such as
the Superpave system and the use of lithium
salts and other alternatives to prevent and
mitigate alkali silica reactivity;
[(C) the provision of support for long-term
pavement performance product implementation and
technology access; and
[(D) other activities to achieve the goals
established under paragraph (3).
[(8) Reports.--Not later than 18 months after the
date of enactment of this section, and biennially
thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the progress and
results of activities carried out under this section.]
(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).
(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 Bridge Research and Construction Program.--
[(1) In general.--The Secretary shall establish and
carry out a program to demonstrate the application of
innovative material technology in the construction of
bridges and other structures.
[(2) Goals.--The goals of the program shall include--
[(A) the development of new, cost-effective
innovative material highway bridge
applications;
[(B) the reduction of maintenance costs and
life-cycle costs of bridges, including the
costs of new construction, replacement, or
rehabilitation of deficient bridges;
[(C) the development of construction
techniques to increase safety and reduce
construction time and traffic congestion;
[(D) the development of engineering design
criteria for innovative products and materials
for use in highway bridges and structures;
[(E) the development of cost-effective and
innovative techniques to separate vehicle and
pedestrian traffic from railroad traffic;
[(F) the development of highway bridges and
structures that will withstand natural
disasters, including alternative processes for
the seismic retrofit of bridges; and
[(G) the development of new nondestructive
bridge evaluation technologies and techniques.]
(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.--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.
* * * * * * *
(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, recycled
materials (including taconite tailings and
foundry sand), 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.
(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.
(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.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) * * *
* * * * * * *
[(3) Courses.--The Institute may develop and
administer courses in modern developments, techniques,
methods, regulations, management, and procedures
relating to surface transportation, environmental
mitigation and compliance, acquisition of rights-of-
way, relocation assistance, engineering, safety,
construction, maintenance and operations, contract
administration, motor carrier safety activities,
inspection, and highway finance.]
(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.
* * * * * * *
(b) Local Technical Assistance Program.--
(1) * * *
* * * * * * *
(3) Federal share.--
(A) Grants.--A grant under this subsection
may be used to pay up to 50 percent of local
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.
* * * * * * *
(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).
(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) 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 $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.
(g) 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.
* * * * * * *
[Sec. 507. Surface transportation-environment cooperative research
program
[(a) In General.--The Secretary shall establish and carry out
a surface transportation-environment cooperative research
program.
[(b) Contents.--The program to be carried out under this
section shall include research designed--
[(1) to develop more accurate models for evaluating
transportation control measures and transportation
system designs that are appropriate for use by State
and local governments, including metropolitan planning
organizations, in designing implementation plans to
meet Federal, State, and local environmental
requirements;
[(2) to improve understanding of the factors that
contribute to the demand for transportation, including
transportation system design, demographic change, land
use planning, and communications and other information
technologies;
[(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
[(4) to study the relationship between highway
density and ecosystem integrity, including the impacts
of highway density on habitat integrity and overall
ecosystem health, and develop a rapid assessment
methodology for use by transportation and regulatory
agencies in determining the relationship between
highway density and ecosystem integrity; and
[(5) to meet additional priorities as determined by
the advisory board established under subsection (c),
including recommendations of the National Research
Council in the report entitled ``Environmental Research
Needs in Transportation''.
[(c) Advisory Board.--
[(1) Establishment.--In consultation with the
Secretary of Energy, the Administrator of the
Environmental Protection Agency, and the heads of other
appropriate Federal departments and agencies, the
Secretary shall establish an advisory board to
recommend environmental and energy conservation
research, technology, and technology transfer
activities related to surface transportation.
[(2) Membership.--The advisory board shall include--
[(A) representatives of State transportation
and environmental agencies;
[(B) transportation and environmental
scientists and engineers; and
[(C) representatives of metropolitan planning
organizations, transit operating agencies, and
environmental organizations.
[(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary
determines appropriate.
[Sec. 508. Surface transportation research strategic planning
[(a) In General.--The Secretary shall--
[(1) establish a strategic planning process,
consistent with section 306 of title 5 for the
Department of Transportation to determine national
transportation research and technology development
priorities related to surface transportation;
[(2) coordinate Federal surface transportation
research and technology development activities;
[(3) measure the results of those activities and how
they impact the performance of the surface
transportation systems of the United States; and
[(4) ensure that planning and reporting activities
carried out under this section are coordinated with all
other surface transportation planning and reporting
requirements.
[(b) Implementation.--The Secretary shall--
[(1) provide for the integrated planning,
coordination, and consultation among the operating
administrations of the Department of Transportation,
all other Federal agencies with responsibility for
surface transportation research and technology
development, State and local governments, institutions
of higher education, industry, and other private and
public sector organizations engaged in surface
transportation-related research and development
activities;
[(2) ensure that the surface transportation research
and technology development programs of the Department
do not duplicate other Federal, State, or private
sector research and development programs; and
[(3) provide for independent validation of the
scientific and technical assumptions underlying the
surface transportation research and technology
development programs of the Department.
[(c) Surface Transportation Research and Technology
Development Strategic Plan.--
[(1) Development.--The Secretary shall develop an
integrated surface transportation research and
technology development strategic plan.
[(2) Contents.--The plan shall include--
[(A) an identification of the general goals
and objectives of the Department of
Transportation for surface transportation
research and development;
[(B) a description of the roles of the
Department and other Federal agencies in
achieving the goals identified under
subparagraph (A), in order to avoid unnecessary
duplication of effort;
[(C) a description of the overall strategy of
the Department, and the role of each of the
operating administrations of the Department, in
carrying out the plan over the next 5 years,
including a description of procedures for
coordination of the efforts of the Secretary
with the efforts of the operating
administrations of the Department and other
Federal agencies;
[(D) an assessment of how State and local
research and technology development activities
are contributing to the achievement of the
goals identified under subparagraph (A);
[(E) details of the surface transportation
research and technology development programs of
the Department, including performance goals,
resources needed to achieve those goals, and
performance indicators as described in section
1115(a) of title 31, United States Code, for
the next 5 years for each area of research and
technology development;
[(F) significant comments on the plan
obtained from outside sources; and
[(G) responses to significant comments
obtained from the National Research Council and
other advisory bodies, and a description of any
corrective actions taken pursuant to such
comments.
[(3) National research council review.--The Secretary
shall enter into an agreement for the review by the
National Research Council of the details of each--
[(A) strategic plan or revision required
under section 306 of title 5;
[(B) performance plan required under section
1115 of title 31; and
[(C) program performance report required
under section 1116,
with respect to surface transportation research and
technology development.
[(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 results for the
previous fiscal year of surface transportation
research and technology development programs to
which the Department of Transportation
contributes, along with--
[(i) an analysis of the relationship
between those results and the goals
identified under paragraph (2)(A); and
[(ii) a description of the
methodology used for assessing the
results; and
[(B) a description of significant surface
transportation research and technology
development initiatives, if any, undertaken
during the previous fiscal year that were not
in the plan developed under paragraph (1), and
any significant changes in the plan from the
previous year's plan.
[(d) Merit Review and Performance Measurement.--Not later
than 1 year after the date of enactment of this section, the
Secretary shall transmit to Congress a report describing
competitive merit review procedures for use in selecting
grantees and contractors in the programs covered by the plan
developed under subsection (c) and performance measurement
procedures for evaluating the programs.
[(e) Procurement Procedures.--The Secretary shall--
[(1) develop model procurement procedures that
encourage the use of advanced technologies; and
[(2) develop model transactions for carrying out and
coordinating Federal and State surface transportation
research and technology development activities.
[(f) Consistency With Government Performance and Results Act
of 1993.--The plans and reports developed under this section
shall be consistent with and incorporated as part of the plans
developed under section 306 of title 5 and sections 1115 and
1116 of title 31.]
Sec. 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 carry out and periodically update research and
development called for in the Transportation Research
Board Special Report 268, entitled ``Surface
Transportation Environmental Research: A Long-Term
Strategy'' and published in 2002, as described in
subsection (e). 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 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) 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.
(g) 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.
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 Transportation Equity Act: A
Legacy for Users, 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.
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.
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 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.
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.
[Sec. 181. Definitions]
Sec. 601. Generally applicable provisions
[In this subchapter] (a) Definitions.--In this chapter, the
following definitions apply:
(1) Eligible project costs.--The term ``eligible
project costs'' means amounts substantially all of
which are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
(A) * * *
* * * * * * *
(2) Federal credit instrument.--The term ``Federal
credit instrument'' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under [this subchapter] this chapter with
respect to a project.
(3) Investment-grade rating.--The term ``investment-
grade rating'' means a rating [category] of BBB minus,
Baa3, or higher assigned by a rating agency to project
obligations [offered into the capital markets].
* * * * * * *
(5) Line of credit.--The term ``line of credit''
means an agreement entered into by the Secretary with
an obligor under section [184] 604 to provide a direct
loan at a future date upon the occurrence of certain
events.
* * * * * * *
[(7) Local servicer.--The term ``local servicer''
means--
[(A) a State infrastructure bank established
under this title; or
[(B) a State or local government or any
agency of a State or local government that is
responsible for servicing a Federal credit
instrument on behalf of the Secretary.]
[(8)] (7) Obligor.--The term ``obligor'' means a
party primarily liable for payment of the principal of
or interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
[(9)] (8) Project.--The term ``project'' means--
(A) * * *
(B) a project for an international bridge or
tunnel for which an international entity
authorized under Federal or State law is
responsible[.];
* * * * * * *
[(10)] (9) Project obligation.--The term ``project
obligation'' means any note, [bond] credit, debenture,
or other debt obligation issued by an obligor in
connection with the financing of a project, other than
a Federal credit instrument.
[(11)] (10) Rating agency.--The term ``rating
agency'' means a bond rating agency identified by the
Securities and Exchange Commission as a Nationally
Recognized Statistical Rating Organization.
[(12)] (11) Secured loan.--The term ``secured loan''
means a direct loan or other debt obligation issued by
an obligor and funded by the Secretary in connection
with the financing of a project under section [183]
603.
[(13)] (12) State.--The term ``State'' has the
meaning given the term in section 101.
[(14)] (13) Subsidy amount.--The term ``subsidy
amount'' means the amount of budget authority
sufficient to cover the estimated long-term cost to the
Federal Government of a Federal credit instrument,
calculated on a net present value basis, excluding
administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
[(15)] (14) Substantial completion.--The term
``substantial completion'' means the opening of a
project to vehicular or passenger traffic.
(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
Sec. [182] 602. Determination of eligibility and project selection
(a) Eligibility.--To be eligible to receive financial
assistance under [this subchapter] this chapter, a project
shall meet the following criteria:
[(1) Inclusion in transportation plans and
programs.--The project--
[(A) shall be included in the State
transportation plan required under section 135;
and
[(B) at such time as an agreement to make
available a Federal credit instrument is
entered into under this subchapter, shall be
included in the approved State transportation
improvement program required under section 134.
[(2) Application.--A State, a local servicer
identified under section 185(a), or the entity
undertaking the project shall submit a project
application to the Secretary.]
(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 chapter.
(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.
(3) Eligible project costs.--
(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under [this subchapter] this chapter, a project
shall have eligible project costs that are
reasonably anticipated to equal or exceed the
lesser of--
(i) [$100,000,000] $50,000,000; or
* * * * * * *
(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed [$30,000,000] $15,000,000.
(4) Dedicated revenue sources.--[Project financing]
The Federal credit instrument shall be repayable, in
whole or in part, from tolls, user fees, or other
dedicated revenue sources that also secure the project
obligations.
* * * * * * *
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility [criteria] requirements specified in
subsection (a).
(2) Selection criteria.--
(A) In general.--The selection criteria shall
include the following:
(i) * * *
* * * * * * *
(iii) The extent to which assistance
under [this subchapter] this chapter
would foster innovative public-private
partnerships and attract private debt
or equity investment.
(iv) The likelihood that assistance
under [this subchapter] this chapter
would enable the project to proceed at
an earlier date than the project would
otherwise be able to proceed.
* * * * * * *
(vi) The amount of budget authority
required to fund the Federal credit
instrument made available under [this
subchapter] this chapter.
* * * * * * *
(viii) The extent to which assistance
under this chapter and chapter 1 would
reduce the contribution of Federal
grant assistance to the project.
(B) Preliminary rating opinion letter.--For
purposes of subparagraph (A)(ii), the Secretary
shall require each project applicant to provide
a preliminary rating opinion letter from at
least 1 rating agency indicating that the
project's senior obligations, which may be the
Federal credit instrument, have the potential
to achieve an investment-grade rating.
* * * * * * *
(c) Federal Requirements.--In addition to the requirements of
this title for highway projects, chapter 53 of title 49 for
transit projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to funds
made available under [this subchapter] this chapter and
projects assisted with the funds:
(1) * * *
* * * * * * *
Sec. [183] 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements with 1 or
more obligors to make secured loans, the proceeds of
which shall be used--
(A) to finance eligible project costs of any
project selected under section 602; or
(B) to refinance interim construction
financing of eligible project costs[;
[of any project selected under section 182] of any project
selected under section 602.
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[182(b)(2)(B)] 602(b)(2)(B), shall determine an
appropriate capital reserve subsidy amount for each
secured loan, taking into account such letter.
(4) Investment-grade rating requirement.--The
[funding] execution of a secured loan under this
section shall be contingent on the project's senior
obligations receiving an investment-grade rating[,
except that--
[(A) the Secretary may fund an amount of the
secured loan not to exceed the capital reserve
subsidy amount determined under paragraph (3)
prior to the obligations receiving an
investment-grade rating; and
[(B) the Secretary may fund the remaining
portion of the secured loan only after the
obligations have received an investment-grade
rating by at least 1 rating agency].
(b) Terms and Limitations.--
(1) * * *
(2) Maximum amount.--The amount of the secured loan
shall not exceed the lesser of 33 percent of the
reasonably anticipated eligible project costs or the
amount of the senior project obligations.
(3) Payment.--The secured loan--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, or other
dedicated revenue sources that also
secure the senior project obligations;
and
* * * * * * *
(4) Interest rate.--The interest rate on the secured
loan shall be not less than the yield on [marketable]
United States Treasury securities of a similar maturity
to the maturity of the secured loan on the date of
execution of the loan agreement.
* * * * * * *
(8) Non-federal share.--The proceeds of a secured
loan under [this subchapter] this chapter may be used
for any non-Federal share of project costs required
under this title or chapter 53 of title 49, if the loan
is repayable from non-Federal funds.
(c) Repayment.--
(1) * * *
* * * * * * *
[(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.]
[(4)] (3) Deferred payments.--
(A) * * *
* * * * * * *
[(5)] (4) Prepayment.--
(A) * * *
* * * * * * *
Sec. [184] 604. Lines of credit
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements to make
available lines of credit to 1 or more obligors in the
form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any project selected under section [182] 602.
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[182(b)(2)(B)] 602(b)(2)(B), shall determine an
appropriate capital reserve subsidy amount for each
line of credit, taking into account such letter.
* * * * * * *
(b) Terms and Limitations.--
(1) * * *
* * * * * * *
(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized
interest[, any debt service reserve fund, and any other
available reserve] but not including reasonably
required financing reserves) are insufficient to pay
the costs specified in subsection (a)(2).
(4) Interest rate.--The interest rate on a direct
loan resulting from a draw on the line of credit shall
be not less than the yield on 30-year [marketable]
United States Treasury securities as of the date [on
which] of execution of the line of credit [is
obligated] agreement.
(5) Security.--The line of credit--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, or other
dedicated revenue sources that also
secure the senior project obligations;
and
* * * * * * *
(10) Relationship to other credit instruments.--A
project that receives a line of credit under this
section also shall not receive a secured loan or loan
guarantee under section [183] 603 of an amount that,
combined with the amount of the line of credit, exceeds
33 percent of eligible project costs.
(c) Repayment.--
(1) * * *
(2) Timing.--All [scheduled] repayments of principal
or interest on a direct loan under this section shall
be scheduled to commence not later than 5 years after
the end of the period of availability specified in
subsection (b)(6) and [be fully repaid, with interest,]
conclude, with full repayment of principal and
interest, by the date that is 25 years after the end of
the period of availability specified in subsection
(b)(6).
[(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.]
[Sec. 185. Project servicing
[(a) Requirement.--The State in which a project that receives
financial assistance under this subchapter is located may
identify a local servicer to assist the Secretary in servicing
the Federal credit instrument made available under this
subchapter.
[(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
[(1) shall act as the agent for the Secretary; and
[(2) may receive a servicing fee, subject to approval
by the Secretary.
[(c) Liability.--A local servicer identified under subsection
(a) shall not be liable for the obligations of the obligor to
the Secretary or any lender.
[(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments.]
Sec. 605. 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.
Sec. [186] 606. State and local permits
The provision of financial assistance under [this subchapter]
this chapter with respect to a project shall not--
(1) * * *
* * * * * * *
Sec. [187] 607. Regulations
The Secretary may issue such regulations as the Secretary
determines appropriate to carry out [this subchapter] this
chapter.
[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) to carry out this
subchapter--
[(A) $80,000,000 for fiscal year 1999;
[(B) $90,000,000 for fiscal year 2000;
[(C) $110,000,000 for fiscal year 2001;
[(D) $120,000,000 for fiscal year 2002;
[(E) $130,000,000 for fiscal year 2003;
[(F) $130,000,000 for fiscal year 2004; and
[(G) $86,666,667 for the period of October 1,
2004, through May 31, 2005.
[(2) Administrative costs.--From funds made available
under paragraph (1), the Secretary may use, for the
administration of this subchapter, not more than
$2,000,000 for each of fiscal years 1999 through 2004
and $1,333,333 for the period of October 1, 2004,
through May 31, 2005.
[(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
subchapter 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
1999 through 2005, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
------------------------------------------------------------------------
[Maximum amount of credit:
-------------------------------------------------------------------------
$1,600,000,000
$1,800,000,000
$2,200,000,000
$2,400,000,000
$2,600,000,000
$2,600,000,000
$1,733,333,333.
------------------------------------------------------------------------
[Sec. 189. Report to Congress
[Not later than 4 years after the date of enactment of this
subchapter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under this subchapter,
including a recommendation as to whether the objectives of this
subchapter are best served--
[(1) by continuing the program under the authority of
the Secretary;
[(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the
program; or
[(3) by phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by this subchapter without Federal
participation.]
Sec. 608. 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 chapter, 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. 609. 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.--
(1) In general.--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.
(2) Reservation of rights.--The right to alter, amend
or repeal interstate compacts entered into under this
subsection is expressly reserved.
(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 2005 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 2005 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 2005 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 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 2005
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.
* * * * * * *
----------
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
* * * * * * *
[Sec. 3038. Rural transportation accessibility incentive program.]
Sec. 3038. Over-the-road bus accessibility program.
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle B--General Provisions
* * * * * * *
SEC. 1212. MISCELLANEOUS.
(a) * * *
* * * * * * *
(i) 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) * * *
* * * * * * *
[(D)] (2) 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 subsection $500,000 for each of fiscal years 1998
through 2004 and $333,333 for the period of October 1,
2004, through May 31, 2005.
[(E)] (3) Applicability of title 23.--Funds
authorized 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. 1214. FEDERAL ACTIVITIES.
(a) * * *
* * * * * * *
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section [1101(a)(15) for each of fiscal
years 1998 through 2005] 1101(a)(24) for each of fiscal
years 2004 through 2009 of the Transportation Equity
Act: A Legacy for Users to the Commonwealth of Puerto
Rico to carry out a highway program in such
Commonwealth.
(2) Applicability of title 23.--Amounts made
available by section [1101(a)(15) of this Act]
1101(a)(24) of the Transportation Equity Act: A Legacy
for Users shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code. Such amounts shall
be subject to any limitation on obligations for
Federal-aid highway and highway safety construction
programs.
* * * * * * *
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) * * *
[(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
[(1) Establishment.--The Secretary shall establish
and implement an Interstate System reconstruction and
rehabilitation 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 Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
[(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
[(3) 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:
[(A) 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.
[(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
[(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
[(D) A facility management plan that
includes--
[(i) a plan for implementing the
imposition of tolls on the facility;
[(ii) a schedule and finance plan for
the reconstruction or rehabilitation of
the facility using toll revenues;
[(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
[(iv) 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
[(v) such other information as the
Secretary may require.
[(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
[(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
[(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
[(C) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
[(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
[(E) 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.
[(5) 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--
[(A) all toll revenues received from
operation of the toll facility will be used
only for--
[(i) debt service;
[(ii) reasonable return on investment
of any private person financing the
project; and
[(iii) 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
[(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
[(6) 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.
[(7) Program term.--The Secretary shall conduct the
pilot program under this subsection for a term to be
determined by the Secretary, but not less than 10
years.
[(8) Interstate system defined.--In this subsection,
the term ``Interstate System'' has the meaning such
term has under section 101 of title 23, United States
Code.]
* * * * * * *
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
PROGRAM.
(a) * * *
* * * * * * *
(e) 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
$20,000,000 for fiscal year 1999 [and], $25,000,000 for
each of fiscal years 2000 through 2003 and [2004 and
$16,666,667 for the period of October 1, 2004, through
May 31, 2005], 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 for fiscal year 2007, and
$35,000,000 for each of fiscal years 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 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.
(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.
(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 2005 through 2009
to carry out the pilot program under this subsection.
* * * * * * *
Subtitle F--High Priority Projects
* * * * * * *
SEC. 1602. 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)(13) of the Transportation Equity Act for the
21st Century) for fiscal years 1998 through 2003 to carry out
each such project:
------------------------------------------------------------------------
(Dollars
No. State Project description in
millions)
------------------------------------------------------------------------
1. Georgia I-75 advanced 1.7
transportation
management system in
Cobb County.........
* * * * * * *
35. California Construct San Diego 10
and Arizona Eastern
Intermodal Yard and
for other related
purposes, San Ysidro
* * * * * * *
78. California Construct [Third 9.375
Street South Bay
Basin Bridge]
Bayview
Transportation
Improvements
Project, San
Francisco...........
* * * * * * *
312. Pennsylvania Conduct preliminary 1.5
engineering through
construction on the
relocation of exits
4 and 5 on I-83 in
York County.........
* * * * * * *
800. Pennsylvania Improve ramp 3
junctions at
intersection of SR
114 and Interstate
83, [Fairview
Township] or other
projects selected by
the York County,
Pennsylvania MPO....
* * * * * * *
820. Michigan [Conduct preliminary 1.125
engineering, acquire
right-of-way and
construct I-75/North
Down River Road
interchange] Conduct
a transportation
needs study and make
improvements to I-75
interchanges in the
Grayling area.......
* * * * * * *
897. Illinois [Road upgrade and 1.125
access road near the
intersection of I-80
and I-57 in Country
Club Hills]
Engineering and
construction of a
new access road to a
development near
Interstate 57 and
167th Street in
Country Club Hills,
Illinois............
* * * * * * *
1121. New York [Construct sound 0.375
barriers on Grand
Central Parkway
between 244th Street
and Douglaston
Parkway] Provide
landscaping along
both sides of the
Grand Central
Parkway from 188th
Street to 172nd
Street..............
* * * * * * *
1225. Indiana [Construct SR 9 2.3625
bypass] Study,
design, and
construct
transportation
solutions for SR 9
corridor in
Greenfield..........
* * * * * * *
1375. Michigan [Preliminary 1.125
engineering and
right-of-way
acquisition for
``Intertown South''
route of U.S. 31
bypass, Emmet
County] Petoskey
area transportation
needs study and
trunkline
preservation and
safety in the
Petoskey area.......
* * * * * * *
1392. Pennsylvania [Construct Towamencin 2.61
Township multimodal
center] Improve the
ramp configuration
at the I-476 PA
Turnpike Landsdale
Interchange.........
* * * * * * *
1447. Indiana [Extend SR 149 3
between SR 130 to
U.S. Route 30,
Valparaiso] Design
and construction of
interchange at I-65
and 109th Avenue,
Crown Point.........
* * * * * * *
------------------------------------------------------------------------
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
* * * * * * *
[SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.
[(a) Findings.--Congress finds that--
[(1) two-thirds of all new jobs are in the suburbs,
whereas three-quarters of welfare recipients live in
rural areas or central cities;
[(2) even in metropolitan areas with excellent public
transit systems, less than half of the jobs are
accessible by transit;
[(3) in 1991, the median price of a new car was
equivalent to 25 weeks of salary for the average
worker, and considerably more for the low-income
worker;
[(4) not less than 9,000,000 households and
10,000,000 Americans of driving age, most of whom are
low-income workers, do not own cars;
[(5) 94 percent of welfare recipients do not own
cars;
[(6) nearly 40 percent of workers with annual incomes
below $10,000 do not commute by car;
[(7) many of the 2,000,000 Americans who will have
their Temporary Assistance to Needy Families grants
(under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.))
terminated by the year 2002 will be unable to get to
jobs they could otherwise hold;
[(8) increasing the transit options for low-income
workers, especially those who are receiving or who have
recently received welfare benefits, will increase the
likelihood of those workers getting and keeping jobs;
and
[(9) many residents of cities and rural areas would
like to take advantage of mass transit to gain access
to suburban employment opportunities.
[(b) Definitions.--In this section, the following definitions
shall apply:
[(1) 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.
[(2) Eligible project and related terms.--
[(A) In general.--The term ``eligible
project'' means an access to jobs project or a
reverse commute project.
[(B) Access to jobs project.--The term
``access to jobs project'' means a project
relating to the development of transportation
services designed to transport welfare
recipients and eligible low-income individuals
to and from jobs and activities related to
their employment. The Secretary may make access
to jobs grants for--
[(i) capital projects and to finance
operating costs of equipment,
facilities, and associated capital
maintenance items related to providing
access to jobs under this section;
[(ii) promoting the use of transit by
workers with nontraditional work
schedules;
[(iii) promoting the use by
appropriate agencies of transit
vouchers for welfare recipients and
eligible low-income individuals under
specific terms and conditions developed
by the Secretary; and
[(iv) promoting the use of employer-
provided transportation, including the
transit pass benefit program under
section 132 of the Internal Revenue
Code of 1986.
[(C) Reverse commute project.--The term
``reverse commute project'' means a project
related to the development of transportation
services designed to transport residents of
urban areas, urbanized areas, and areas other
than urbanized areas to suburban employment
opportunities, including any project to--
[(i) subsidize the costs associated
with adding reverse commute bus, train,
carpool, van routes, or service from
urban areas, urbanized areas, and areas
other than urbanized areas, to suburban
workplaces;
[(ii) 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
[(iii) otherwise facilitate the
provision of mass transportation
services to suburban employment
opportunities.
[(3) Existing transportation service providers.--The
term ``existing transportation service providers''
means mass transportation operators and governmental
agencies and nonprofit organizations that receive
assistance from Federal, State, or local sources for
nonemergency transportation services.
[(4) Qualified entity.--The term ``qualified entity''
means--
[(A) with respect to any proposed eligible
project in an urbanized area with a population
of at least 200,000, the applicant or
applicants selected by the appropriate
metropolitan planning organization that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among designated
recipients under section 5307(a)(2) of title
49, United States Code, local governmental
authorities and agencies, and nonprofit
organizations; and
[(B) with respect to any proposed eligible
project in an urbanized area with a population
of less than 200,000, or an area other than an
urbanized area, the applicant or applicants
selected by the chief executive officer of the
State in which the area is located that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among designated
recipients under section 5307(a)(2) of title
49, United States Code, local governmental
authorities and agencies, and nonprofit
organizations.
[(5) Welfare recipient.--The term ``welfare
recipient'' means an individual who receives or
received aid or assistance under a State program funded
under part A of title IV of the Social Security Act
(whether in effect before or after the effective date
of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2110)) at any
time during the 3-year period before the date on which
the applicant applies for a grant under this section.
[(c) General Authority.--
[(1) In general.--The Secretary may make access to
jobs grants and reverse commute grants under this
section to assist qualified entities in financing
eligible projects.
[(2) Coordination.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
[(d) 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.
[(e) Prohibition.--Grants awarded under this section may not
be used for planning or coordination activities.
[(f) Factors for Consideration.--In awarding grants under
this section to applicants under subsection (d), the Secretary
shall consider--
[(1) the percentage of the population in the area to
be served by the applicant that are welfare recipients;
[(2) in the case of an applicant seeking assistance
to finance an access to jobs project, the need for
additional services (including bicycling) in the area
to be served by the applicant to transport welfare
recipients and eligible low-income individuals to and
from specified jobs, training, and other employment
support services, and the extent to which the proposed
services will address those needs;
[(3) the extent to which the applicant demonstrates--
[(A) coordination with, and the financial
commitment of, existing transportation service
providers; and
[(B) coordination with the State agency that
administers the State program funded under part
A of title IV of the Social Security Act;
[(4) the extent to which the applicant demonstrates
maximum utilization of existing transportation service
providers and expands transit networks or hours of
service, or both;
[(5) the extent to which the applicant demonstrates
an innovative approach that is responsive to identified
service needs;
[(6) the extent to which the applicant--
[(A) in the case of an applicant seeking
assistance to finance an access to jobs
project, presents a regional transportation
plan for addressing the transportation needs of
welfare recipients and eligible low-income
individuals; and
[(B) identifies long-term financing
strategies to support the services under this
section;
[(7) the extent to which the applicant demonstrates
that the community to be served has been consulted in
the planning process; and
[(8) in the case of an applicant seeking assistance
to finance a reverse commute project, the need for
additional services identified in a regional
transportation plan to transport individuals to
suburban employment opportunities, and the extent to
which the proposed services will address those needs.
[(g) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a competitive
basis.
[(h) Cost Sharing.--
[(1) Maximum amount.--The amount of a grant under
this section may not exceed 50 percent of the total
project cost.
[(2) Nongovernmental share.--
[(A) In general.--The portion of the total
cost of an eligible project that is not funded
under this section--
[(i) shall be provided in cash from
sources other than revenues from
providing mass transportation, but may
include amounts received under a
service agreement; and
[(ii) may be derived from amounts
appropriated to or made available to a
department or agency of the Federal
Government (other than the Department
of Transportation) that are eligible to
be expended for transportation.
[(B) Inapplicability.--For purposes of
subparagraph (A)(ii), the prohibitions on the
use of funds for matching requirements under
section 403(a)(5)(C)(vi) of the Social Security
Act shall not apply to Federal or State funds
to be used for transportation services.
[(i) Planning Requirements.--
[(1) In general.--The requirements of sections 5303
through 5306 of title 49, United States Code, apply to
any grant made under this section.
[(2) Coordination.--Each application for a grant
under this section shall reflect coordination with and
the approval of affected transit grant recipients. The
eligible access to jobs projects financed under this
section shall be part of a coordinated public transit-
human services transportation planning process.
[(j) Grant Requirements.--A grant under this section shall be
subject to--
[(1) all of the terms and conditions to which a grant
made under section 5307 of title 49, United States
Code, is subject; and
[(2) such other terms and conditions as are
determined by the Secretary.
[(k) Program Evaluation.--
[(1) Comptroller general.--Beginning 6 months after
the date of enactment of this Act, and every 6 months
thereafter, the Comptroller General of the United
States shall--
[(A) conduct a study to evaluate the grant
program authorized under this section; and
[(B) 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 describing the results of each
study under subparagraph (A).
[(2) Department of transportation.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall--
[(A) conduct a study to evaluate the access
to jobs grant program authorized under this
section; and
[(B) 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 describing the results of the
study under subparagraph (A).
[(l) Authorization and Allocation.--
[(1) In general.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out this section--
[(i) $40,000,000 for fiscal year
1999;
[(ii) $60,000,000 for fiscal year
2000;
[(iii) $80,000,000 for fiscal year
2001;
[(iv) $100,000,000 for fiscal year
2002;
[(v) $120,000,000 for fiscal year
2003;
[(vi) $100,000,000 for fiscal year
2004; and
[(vii) $80,000,000 for the period of
October 1, 2004, through May 31, 2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out this section--
[(i) $10,000,000 for fiscal year
1999;
[(ii) $15,000,000 for fiscal year
2000;
[(iii) $20,000,000 for fiscal year
2001;
[(iv) $25,000,000 for fiscal year
2002;
[(v) $30,000,000 for fiscal year
2003;
[(vi) $25,000,000 for fiscal year
2004; and
[(vii) $20,000,000 for the period of
October 1, 2004, through May 31, 2005.
[(C) Additional amounts.--In addition to
amounts made available under subparagraphs (A)
and (B)under the Transportation Discretionary
Spending Guarantee for the Mass Transit
Category, there are authorized to be
appropriated to carry out this section--
[(i) $100,000,000 for fiscal year
1999;
[(ii) $75,000,000 for fiscal year
2000;
[(iii) $50,000,000 for fiscal year
2001; and
[(iv) $25,000,000 for fiscal year
2002.
[(2) Set-aside for reverse commute projects.--Of
amounts made available by or appropriated under
subparagraphs (A) and (B) of paragraph (1) to carry out
this section in each fiscal year, not more than
$10,000,000 shall be used for grants for reverse
commute projects; except that in the period of October
1, 2004, through May 31, 2005, not more than $6,666,667
shall be used for such projects.
[(3) Allocation.--The amounts made available by or
appropriated under paragraph (1) to carry out this
section in each fiscal year shall be allocated as
follows:
[(A) 60 percent shall be allocated for
eligible projects in urbanized areas with
populations of at least 200,000.
[(B) 20 percent shall be allocated for
eligible projects in urbanized areas with
populations of less than 200,000.
[(C) 20 percent shall be allocated for
eligible projects in areas other than urbanized
areas.
[(4) Transfer in fiscal year 2004.--Of the funds made
available or appropriated under paragraph (1) for
fiscal year 2004, prior to the allocation under
paragraph (3), $20,000,000 shall be administered under
the provisions of section 5309 of title 49, United
States Code.]
[SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.]
SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.
(a) * * *
* * * * * * *
[(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 90 percent of the project cost.]
(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.
* * * * * * *
[(g) Funding.--
[(1) Intercity, fixed-route over-the-road bus
service.--Of amounts made available by or appropriated
under section 5338(a)(2) of title 49, United States
Code (before allocation under section 5338(a)(2)(C) of
that title), the following amounts 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:
[(A) $2,000,000 for fiscal year 1999.
[(B) $2,000,000 for fiscal year 2000.
[(C) $3,000,000 for fiscal year 2001.
[(D) $5,250,000 for fiscal year 2002.
[(E) $5,250,000 for fiscal year 2003.
[(F) $5,250,000 for fiscal year 2004.
[(G) $3,500,000 for the period of October 1,
2004, through May 31, 2005.
Such sums shall remain available until expended.
[(2) Other over-the-road bus service.--Of amounts
made available by or appropriated under section
5338(a)(2) of title 49, United States Code (before
allocation under section 5338(a)(2)(C) of that title),
$1,700,000 shall be available for each of fiscal years
2000 through 2004 (and $1,133,333 shall be available
for the period of October 1, 2004, through May 31,
2005) 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
sums shall remain available until expended.]
(g) Funding.--
(1) Intercity, fixed route over-the-road bus
service.--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) Other over-the-road bus service.--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.
* * * * * * *
TITLE V--TRANSPORTATION RESEARCH
* * * * * * *
Subtitle B--Research and Technology
* * * * * * *
SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION
PROGRAM.
(a) * * *
(b) Contents of Program.--
(1) * * *
* * * * * * *
(3) Intelligent transportation infrastructure.--
(A) * * *
* * * * * * *
(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.
[(E)] (F) Definitions.--In this paragraph:
(i) * * *
* * * * * * *
[(F)] (G) Funding.--Of the amounts made
available for each of fiscal years 1998 through
2003 by section 5001(a)(2) of this Act,
$1,700,000 per fiscal year shall be available
to carry out this paragraph.
[(G)] (H) Federal share.--The Federal share
of the cost of a program carried out under this
paragraph shall be 80 percent of the cost of
such program.
* * * * * * *
[Subtitle C--Intelligent Transportation Systems
[SEC. 5201. SHORT TITLE.
[This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 1998''.
[SEC. 5202. FINDINGS.
[Congress finds that--
[(1) investments authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914
et seq.) have demonstrated that intelligent
transportation systems can mitigate surface
transportation problems in a cost-effective manner; and
[(2) continued investment in architecture and
standards development, research, and systems
integration is needed to accelerate the rate at which
intelligent transportation systems are incorporated
into the national surface transportation network,
thereby improving transportation safety and efficiency
and reducing costs and negative impacts on communities
and the environment.
[SEC. 5203. 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, 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 vehicles, passenger vehicles, and
motorcycles, and including individuals with
disabilities; and
[(5) improvement of the Nation's ability to respond
to 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) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
[(6) complete deployment of Commercial Vehicle
Information Systems and Networks in a majority of
States by September 30, 2003.
[SEC. 5204. 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 operational
tests and deployment projects funded 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 United States
private sector, 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,
as appropriate, shall consult with the Secretary of Commerce,
the Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, the Director of the National
Science Foundation, and the heads of other Federal departments
and agencies.
[(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
[(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
system management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
[(g) Information Clearinghouse.--
[(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; and
[(B) on request, make that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
[(2) Delegation of authority.--
[(A) In general.--The Secretary may delegate
the responsibility of the Secretary under this
subsection, with continuing oversight by the
Secretary, to an appropriate entity not within
the Department of Transportation.
[(B) Federal assistance.--If the Secretary
delegates the responsibility, the entity to
which the responsibility is delegated shall be
eligible for Federal assistance under this
section.
[(h) Advisory Committees.--
[(1) In general.--In carrying out this subtitle, the
Secretary may use 1 or more advisory committees.
[(2) Applicability of federal advisory committee
act.--Any advisory committee so used shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
[(i) Procurement Methods.--
[(1) Technical assistance.--The Secretary shall
develop appropriate technical assistance and guidance
to assist State and local agencies in evaluating and
selecting appropriate methods of procurement for
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including innovative and nontraditional methods such as
the Information Technology Omnibus Procurement.
[(2) Intelligent transportation system software.--To
the maximum extent practicable, contracting officials
shall use as a critical evaluation criterion the
Software Engineering Institute's Capability Maturity
Model, or another similar recognized standard risk
assessment methodology, to reduce the cost, schedule,
and performance risks associated with the development,
management, and integration of intelligent
transportation system software.
[(j) Evaluations.--
[(1) Guidelines and requirements.--
[(A) In general.--The Secretary shall issue
guidelines and requirements for the 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
evaluator 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 evaluation funding levels based
on the size and scope of each test or project
that ensure adequate evaluation of the results
of the test or project.
[(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the evaluation of any test, deployment
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title
44.
[(k) Use of Rights-of-Way.--Intelligent transportation system
projects specified in section 5117(b)(3) and 5117(b)(6) and
involving privately owned intelligent transportation system
components that is carried out using funds made available from
the Highway Trust Fund 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 Federal-aid highway funds have
been utilized for planning, design, construction, or
maintenance, if the Secretary of Transportation determines that
such use is in the public interest. Nothing in this subsection
shall affect the authority of a State or political subdivision
of a State to regulate highway safety.
[SEC. 5205. NATIONAL ITS PROGRAM PLAN.
[(a) In General.--
[(1) Updates.--The Secretary shall maintain and
update, as necessary, the National ITS Program Plan
developed by the Department of Transportation and the
Intelligent Transportation Society of America.
[(2) Scope.--The National ITS Program Plan shall--
[(A) specify the goals, objectives, and
milestones for the research and deployment of
intelligent transportation systems in the
context of major metropolitan areas, smaller
metropolitan and rural areas, and commercial
vehicle operations;
[(B) specify how specific programs and
projects will achieve the goals, objectives,
and milestones referred to in subparagraph (A),
including consideration of the 5- and 10-year
timeframes for the goals and objectives;
[(C) identify activities that provide for the
dynamic development of standards and protocols
to promote and ensure interoperability in the
implementation of intelligent transportation
system technologies, including actions taken to
establish critical standards; and
[(D) establish a cooperative process with
State and local governments for determining
desired surface transportation system
performance levels and developing plans for
incorporation of specific intelligent
transportation system capabilities into surface
transportation systems.
[(b) Reporting.--The plan described in subsection (a) shall
be transmitted and updated as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code.
[SEC. 5206. 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 may use the
services of such standards development organizations as
the Secretary determines to be appropriate.
[(b) Report on Critical Standards.--Not later than June 1,
1999, the Secretary shall submit a report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
of the House of Representatives identifying which standards are
critical to ensuring national interoperability or critical to
the development of other standards and specifying the status of
the development of each standard identified.
[(c) 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, and using, to
the extent practicable, the work product of appropriate
standards development organizations.
[(2) Critical standards.--If a standard identified as
critical in the report under subsection (b) is not
adopted and published by the appropriate standards
development organization by January 1, 2001, the
Secretary shall establish a provisional standard after
consultation with affected parties, and using, to the
extent practicable, the work product of appropriate
standards development organizations.
[(3) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall be
published in the Federal Register and remain in effect
until the appropriate standards development
organization adopts and publishes a standard.
[(d) Waiver of Requirement To Establish Provisional
Standard.--
[(1) In general.--The Secretary may waive the
requirement under subsection (c)(2) to establish a
provisional standard if the Secretary determines that
additional time would be productive or that
establishment of a provisional standard would be
counterproductive to achieving the timely achievement
of the objectives identified in subsection (a).
[(2) Notice.--The Secretary shall publish in the
Federal Register a notice describing each standard for
which a waiver of the provisional standard requirement
has been granted, the reasons for and effects of
granting the waiver, and an estimate as to when the
standard is expected to be adopted through a process
consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783).
[(3) Withdrawal of waiver.--At any time the Secretary
may withdraw a waiver granted under paragraph (1). Upon
such withdrawal, the Secretary shall publish in the
Federal Register a notice describing each standard for
which a waiver has been withdrawn and the reasons for
withdrawing the waiver.
[(e) 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
ITS Program Plan under section 5205 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 subtitle, 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 subtitle.
[(f) Spectrum.--The Federal Communications Commission shall
consider, in consultation with the Secretary, spectrum needs
for the operation of intelligent transportation systems,
including spectrum for the dedicated short-range vehicle-to-
wayside wireless standard. Not later than January 1, 2000, the
Federal Communications Commission shall have completed a
rulemaking considering the allocation of spectrum for
intelligent transportation systems.
[SEC. 5207. 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) address traffic management, incident management,
transit management, toll collection, traveler
information, or highway operations systems;
[(2) focus on crash-avoidance and integration of in-
vehicle crash protection technologies with other on-
board safety systems, including the interaction of air
bags and safety belts;
[(3) incorporate human factors research, including
the science of the driving process;
[(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies,
including magnetic guidance control systems or other
materials or magnetics research; or
[(5) incorporate research on the impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates.
[(c) Operational Tests.--Operational tests conducted under
this section shall be designed for the collection of data to
permit objective evaluation of the results of the tests,
derivation of cost-benefit information that is useful to others
contemplating deployment of similar systems, and development
and implementation of standards.
[(d) Federal Share.--The Federal share of the cost of
operational tests and demonstrations under subsection (a) shall
not exceed 80 percent.
[SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.
[(a) In General.--The Secretary shall conduct a comprehensive
program to accelerate the integration and interoperability of
intelligent transportation systems in metropolitan and rural
areas. Under the program, the Secretary shall select for
funding, through competitive solicitation, projects that will
serve as models to improve transportation efficiency, promote
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, or promote
tourism.
[(b) Selection of Projects.--Under the program, the Secretary
shall give priority to funding projects that--
[(1) contribute to national deployment goals and
objectives outlined in the National ITS Program Plan
under section 5205;
[(2) demonstrate a strong commitment to 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;
[(3) encourage private sector involvement and
financial commitment, to the maximum extent
practicable, through innovative financial arrangements,
especially public-private partnerships, including
arrangements that generate revenue to offset public
investment costs;
[(4) demonstrate commitment to a comprehensive plan
of fully integrated intelligent transportation system
deployment in accordance with the national architecture
and standards and protocols established under section
5206;
[(5) are part of approved plans and programs
developed under applicable statewide and metropolitan
transportation planning processes and applicable State
air quality implementation plans, as appropriate, at
the time at which Federal funds are sought;
[(6) minimize the relative percentage and amount of
Federal contributions under this section to total
project costs;
[(7) ensure continued, long-term operations and
maintenance without continued reliance on Federal
funding under this subtitle, as evidenced by documented
evidence of fiscal capacity and commitment from
anticipated public and private sources;
[(8) demonstrate technical capacity for effective
operations and maintenance or commitment to acquiring
necessary skills;
[(9) mitigate any adverse impacts on bicycle and
pedestrian transportation and safety; or
[(10) in the case of a rural area, meet other safety,
mobility, geographic and regional diversity, or
economic development criteria as determined by the
Secretary.
[(c) Fiscal Year Limitations.--Of the amounts made available
to carry out this section for a fiscal year--
[(1) not more that $15,000,000 may be used for
projects in a single metropolitan area;
[(2) not more than $2,000,000 may be used for
projects in a single rural area; and
[(3) not more than $35,000,000 may be used for
projects in a State.
[(d) Funding Limitations.--
[(1) Projects in metropolitan areas.--Funding under
this section for intelligent transportation
infrastructure projects in metropolitan areas shall be
used primarily for activities necessary to integrate
intelligent transportation infrastructure elements that
are either deployed or to be deployed with other
sources of funds.
[(2) Other projects.--For projects outside
metropolitan areas, funding provided under this
subtitle may also be used for installation of
intelligent transportation infrastructure elements.
[(e) Funding for Rural Areas.--The Secretary shall allocate
not less than 10 percent of funds authorized by section
5001(c)(4)(A) in rural areas for intelligent transportation
infrastructure deployment activities funded under this section
to carry out intelligent transportation infrastructure
deployment activities in rural areas.
[(f) Federal Share.--
[(1) Funds made available under this section.--The
Federal share of the cost of a project payable from
funds made available under this section shall not
exceed 50 percent.
[(2) Funds made available from all federal sources.--
The total Federal share of the cost of a project
payable from all eligible sources (including this
section) shall not exceed 80 percent.
[(g) Corridor Development and Coordination.--
[(1) In general.--The Secretary shall encourage
multistate cooperative agreements, coalitions, or other
arrangements intended to promote regional cooperation,
planning, and shared project implementation for
intelligent transportation system projects.
[(2) Great lakes its implementation.--
[(A) In general.--The Secretary shall make
grants under this subsection to the State of
Wisconsin to continue ITS activities in the
corridor serving the Greater Milwaukee,
Wisconsin, Chicago, Illinois, and Gary,
Indiana, areas initiated under the Intermodal
Surface Transportation Efficiency Act of 1991
and other areas of the State.
[(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$2,000,000 per fiscal year shall be available
to carry out this paragraph.
[(3) Northeast its implementation.--
[(A) In general.--The Secretary shall make
grants under this subsection to the States to
continue ITS activities in the Interstate Route
I-95 corridor in the northeastern United States
initiated under the Intermodal Surface
Transportation Efficiency Act of 1991.
[(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$5,000,000 per fiscal year shall be available
to carry out this paragraph.
[SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM
INFRASTRUCTURE DEPLOYMENT.
[(a) In General.--The Secretary shall carry out a
comprehensive program to deploy intelligent transportation
systems that--
[(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 to commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
[(c) Priority Areas.--In carrying out the program, the
Secretary shall give priority to projects that--
[(1) encourage multistate cooperation and corridor
development;
[(2)(A) improve the safety of commercial vehicle
operations; and
[(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and generally
increase the effectiveness of enforcement efforts;
[(3)(A) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other
safety information; and
[(B) promote communication of the information among
the States; or
[(4) enhance the safe passage of commercial vehicles
across the United States and across international
borders.
[(d) Leveraging of Federal Funds.--Federal funds used to
carry out the program shall, to the maximum extent
practicable--
[(1) be leveraged with non-Federal funds; and
[(2) be used for activities not carried out through
the use of private funds.
[(e) Federal Share.--The Federal share of the cost of the
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of the project payable from all eligible sources shall
not exceed 80 percent.
[SEC. 5210. USE OF FUNDS.
[(a) Outreach and Public Relations Limitation.--
[(1) In general.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out
this subtitle shall be used for intelligent
transportation system outreach, public relations,
displays, scholarships, tours, and brochures.
[(2) Applicability.--Paragraph (1) shall not apply to
intelligent transportation system training or the
publication or distribution of research findings,
technical guidance, or similar documents.
[(b) Infrastructure Development.--Funds made available to
carry out this subtitle for operational tests and deployment
projects--
[(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
transit infrastructure unless the construction is
incidental and critically necessary to the
implementation of an intelligent transportation system
project.
[(c) Life Cycle Cost Analysis and Financing and Operations
Plan.--The Secretary shall require an applicant for funds made
available under sections 5208 and 5209 to submit to the
Secretary--
[(1) an analysis of the life-cycle costs of operation
and maintenance of intelligent transportation system
elements, if the total initial capital costs of the
elements exceed $3,000,000; and
[(2) a multiyear financing and operations plan that
describes how the project will be cost-effectively
operated and maintained.
[(d) Use of Innovative Financing.--
[(1) In general.--The Secretary may use up to 25
percent of the funds made available to carry out this
subtitle to make available loans, lines of credit, and
loan guarantees for projects that are eligible for
assistance under this subtitle and that have
significant intelligent transportation system elements.
[(2) Consistency with other law.--Credit assistance
described in paragraph (1) shall be made available in a
manner consistent with the Transportation
Infrastructure Finance and Innovation Act of 1998.
[SEC. 5211. DEFINITIONS.
[In this subtitle, 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 support commercial
vehicle operations.
[(2) Commercial vehicle operations.--The term
``commercial vehicle operations''--
[(A) means motor carrier operations and motor
vehicle regulatory activities associated with
the commercial 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) Corridor.--The term ``corridor'' means any major
transportation route that includes parallel limited
access highways, major arterials, or transit lines.
[(4) Intelligent transportation infrastructure.--The
term ``intelligent transportation infrastructure''
means fully integrated public sector intelligent
transportation system components, as defined by the
Secretary.
[(5) 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.
[(6) National architecture.--The term ``national
architecture'' means the common framework for
interoperability adopted by the Secretary that
defines--
[(A) the functions associated with
intelligent transportation system user
services;
[(B) the physical entities or subsystems
within which the functions reside;
[(C) the data interfaces and information
flows between physical subsystems; and
[(D) the communications requirements
associated with the information flows.
[(7) Standard.--The term ``standard'' means a
document that--
[(A) contains technical specifications or
other precise criteria for intelligent
transportation systems that are to be used
consistently as rules, guidelines, or
definitions of characteristics so as to ensure
that materials, products, processes, and
services are fit for their purposes; and
[(B) may 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.
[(8) State.--The term ``State'' has the meaning given
the term under section 101 of title 23, United States
Code.
[SEC. 5212. PROJECT FUNDING.
[(a) Use of Hazardous Materials Monitoring Systems.--
[(1) In general.--The Secretary shall conduct
research on improved methods of deploying and
integrating existing ITS projects to include hazardous
materials monitoring systems across various modes of
transportation.
[(2) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(6)
of this Act, $1,500,000 per fiscal year shall be
available to carry out this paragraph.
[(b) Outreach and Technology Transfer Activities.--
[(1) In general.--The Secretary shall continue to
support the Urban Consortium's ITS outreach and
technology transfer activities.
[(2) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(5)
of this Act, $500,000 per fiscal year shall be
available to carry out this paragraph.
[(c) Translink.--
[(1) In general.--The Secretary shall make grants to
the Texas Transportation Institute to continue the
Translink Research program.
[(2) Funding.--Of the amounts allocated for each of
fiscal years 1999 through 2001 by section 5001(a)(6) of
this Act, $1,300,000 per fiscal year shall be available
to carry out this paragraph.]
* * * * * * *
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TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 102. Department of Transportation
(a) * * *
* * * * * * *
(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.
[(f)] (g) The Department shall have a seal that shall be
judicially recognized.
[(g)] (h) The Department has an Associate Deputy Secretary
appointed by the President, by and with the advice and consent
of the Senate. The Associate Deputy Secretary shall carry out
powers and duties prescribed by the Secretary.
* * * * * * *
[Sec. 111. Bureau of Transportation Statistics
[(a) Establishment.--There is established in the Research and
Innovative Technology Administration a Bureau of Transportation
Statistics.
[(b) Director.--
[(1) Appointment.--The Bureau shall be headed by a
Director who shall be appointed in the competitive
service by the Secretary.
[(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 compilation and analysis of transportation
statistics.
[(c) Responsibilities.--The Director of the Bureau shall be
responsible for carrying out the following duties:
[(1) Compiling transportation statistics.--Compiling,
analyzing, and publishing a comprehensive set of
transportation statistics to provide timely summaries
and totals (including industrywide aggregates and
multiyear averages) of transportation-related
information. Such statistics shall be suitable for
conducting cost-benefit studies (including comparisons
among individual transportation modes and intermodal
transport systems) and shall include information on--
[(A) productivity in various parts of the
transportation sector;
[(B) traffic flows;
[(C) travel times;
[(D) vehicle weights;
[(E) variables influencing traveling
behavior, including choice of transportation
mode;
[(F) travel costs of intracity commuting and
intercity trips;
[(G) availability of mass transit and the
number of passengers served by each mass
transit authority;
[(H) frequency of vehicle and transportation
facility repairs and other interruptions of
transportation service;
[(I) accidents;
[(J) collateral damage to the human and
natural environment;
[(K) the condition of the transportation
system; and
[(L) transportation-related variables that
influence global competitiveness.
[(2) Implementing long-term data collection
program.--Establishing and implementing, in cooperation
with the modal administrators, the States, and other
Federal officials a comprehensive, long-term program
for the collection and analysis of data relating to the
performance of the transportation systems of the United
States. Such program shall--
[(A) be coordinated with efforts to measure
outputs and outcomes of the Department of
Transportation and the transportation systems
of the United States under the Government
Performance and Results Act of 1993 (107 Stat.
285 et seq.) and the amendments made by such
Act;
[(B) ensure that data is collected under this
subsection in a manner which will maximize the
ability to compare data from different regions
and for different time periods; and
[(C) ensure that data collected under this
subsection is controlled for accuracy, made
relevant to the States and metropolitan
planning organizations, and disseminated to the
States and other interested parties.
[(3) Issuing guidelines.--Issuing guidelines for the
collection of information by the Department of
Transportation required for statistics to be compiled
under paragraph (1) 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 by the heads of the operating
administrations of the Department as shall be requested
by the Secretary.
[(4) Coordinating collection of information.--
Coordinating the collection of information by the
Department of Transportation required for statistics to
be compiled under paragraph (1) with related
information-gathering activities conducted by other
Federal departments and agencies and collecting
appropriate data not elsewhere gathered.
[(5) Making statistics accessible.--Making the
statistics published under this subsection readily
accessible.
[(6) Identifying information needs.--Identifying
information that is needed under paragraph (1) but
which is not being collected, reviewing such needs at
least annually with the Advisory Council on
Transportation Statistics, and making recommendations
to appropriate Department of Transportation research
officials concerning extramural and intramural research
programs to provide such information.
[(7) Supporting transportation decisionmaking.--
Ensuring that the statistics compiled under paragraph
(1) are relevant for transportation decisionmaking by
the Federal Government, State and local governments,
transportation-related associations, private
businesses, and consumers.
[(d) Intermodal Transportation Data Base.--
[(1) In general.--In consultation with the Associate
Deputy Secretary, 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.
[(e) 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)(5).
[(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).
[(f) 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.
[(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)
for--
[(A) investigation of the subjects specified
in subsection (c)(1) and research and
development of new methods of data collection,
management, integration, dissemination,
interpretation, and analysis;
[(B) development of electronic clearinghouses
of transportation data and related information,
as part of the National Transportation Library
under subsection (e); and
[(C) development and improvement of methods
for sharing geographic data, in support of the
national transportation atlas data base under
subsection (f) and the National Spatial Data
Infrastructure developed under Executive Order
No. 12906.
[(2) Limitation.--Not more than $500,000 of the
amounts made available to carry out this section in a
fiscal year may be used to carry out this subsection.
[(h) 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.
[(i) Prohibition on Certain Disclosures.--
[(1) In general.--An officer or employee of the
Bureau may not--
[(A) make any disclosure in which the data
provided by an individual or organization under
subsection (c)(2) can be identified;
[(B) use the information provided under
subsection (c)(2) 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).
[(2) Prohibition on requests for certain data.--
[(A) Government agencies.--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)(2) with the Bureau or retained
by an individual respondent.
[(B) Courts.--Any 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 inferred by direct or indirect
means.
[(3) Data collected for nonstatistical purposes.--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.
[(j) 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)(1), documentation of
methods used to obtain and ensure the quality of the statistics
presented in the report, and recommendations for improving
transportation statistical information.
[(k) 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.]
Sec. 111. Bureau of Transportation Statistics
(a) Establishment.--There is established in the Research and
Innovative Technology Administration a Bureau of Transportation
Statistics.
(b) Director.--
(1) Appointment.--The Bureau shall be headed by a
Director who shall be appointed in the competitive
service by the Secretary.
(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.
(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.
(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 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 proceedings.
(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, 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.
* * * * * * *
Sec. 113. Federal Motor Carrier Safety Administration
(a) * * *
* * * * * * *
(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.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
* * * * * * *
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
* * * * * * *
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic
sites
(a) * * *
* * * * * * *
(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.
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS
Sec. 351. Judicial review of actions in carrying out certain
transferred duties and powers
(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred
under the Department of Transportation Act (Public Law 89-670,
80 Stat. 931), or an action of the Administrator of the Federal
Railroad Administration, the [Federal Highway Administration]
Federal Motor Carrier Safety Administration, or the Federal
Aviation Administration in carrying out a duty or power
specifically assigned to the Administrator by that Act, may be
reviewed judicially to the same extent and in the same way as
if the action had been an action by the department, agency, or
instrumentality of the United States Government carrying out
the duty or power immediately before the transfer or
assignment.
* * * * * * *
Sec. 352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670, 80 Stat.
931), the Secretary of Transportation and the Administrators of
the Federal Railroad Administration, the [Federal Highway
Administration] Federal Motor Carrier Safety Administration,
and the Federal Aviation Administration have the same authority
that was vested in the department, agency, or instrumentality
of the United States Government carrying out the duty or power
immediately before the transfer. An action of the Secretary or
Administrator in carrying out the duty or power has the same
effect as when carried out by the department, agency, or
instrumentality.
* * * * * * *
CHAPTER 5--SPECIAL AUTHORITY
* * * * * * *
SUBCHAPTER II--PENALTIES
* * * * * * *
Sec. 521. Civil penalties
(a) * * *
[(b)(1)(A) If the Secretary]
(b) Violations Relating to Commercial Motor Vehicle Safety
Regulation and Operators.--
(1) Notice.--
(A) In general.--If the Secretary finds that
a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a
violation of a regulation issued under any of
those provisions, has occurred, the Secretary
shall issue a written notice to the violator.
Such notice shall describe with reasonable
particularity the nature of the violation found
and the provision which has been violated. The
notice shall specify the proposed civil
penalty, if any, and suggest actions which
might be taken in order to abate the violation.
The notice shall indicate that the violator
may, within 15 days of service, notify the
Secretary of the violator's intention to
contest the matter. In the event of a contested
notice, the Secretary shall afford such
violator an opportunity for a hearing, pursuant
to section 554 of title 5, following which the
Secretary shall issue an order affirming,
modifying, or vacating the notice of violation.
* * * * * * *
(2) Civil Penalty.--
(A) * * *
(B) Recordkeeping and reporting violations.--
A person required to make a report to the
Secretary, answer a question, or make, prepare,
or preserve a record under section 504 of this
title or under any regulation issued by the
Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or
section 31502 of this title about
transportation by motor carrier, motor carrier
of migrant workers, or motor private carrier,
or an officer, agent, or employee of that
person--
(i) who does not make that report,
does not specifically, completely, and
truthfully answer that question in 30
days from the date the Secretary
requires the question to be answered,
or does not make, prepare, or preserve
that record in the form and manner
prescribed by the Secretary, shall be
liable to the United States for a civil
penalty in an amount not to exceed
[$500] $1,000 for each offense, and
each day of the violation shall
constitute a separate offense, except
that the total of all civil penalties
assessed against any violator for all
offenses related to any single
violation shall not exceed [$5,000]
$10,000; or
(ii) who knowingly falsifies,
destroys, mutilates, or changes a
required report or record, knowingly
files a false report with the
Secretary, knowingly makes or causes or
permits to be made a false or
incomplete entry in that record about
an operation or business fact or
transaction, or knowingly makes,
prepares, or preserves a record in
violation of a regulation or order of
the Secretary, shall be liable to the
United States for a civil penalty in an
amount not to exceed [$5,000] $10,000
for each violation, if any such action
can be shown to have misrepresented a
fact that constitutes a violation other
than a reporting or recordkeeping
violation.
* * * * * * *
(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.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
Chapter Sec.
TRANSPORTATION OF HAZARDOUS MATERIAL..........................5101
TRANSPORTATION PLANNING AND PROJECT DELIVERY..................5201
5301[MASS] PUBLIC TRANSPORTATION......................................
* * * * * * *
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec.
5101. Purpose.
* * * * * * *
[5111. Rail tank cars.]
* * * * * * *
[5117. Exemptions and exclusions.
[5118. Inspectors.]
5117. Special permits and exclusions.
* * * * * * *
[5127. Authorization of appropriations.]
5127. Judicial review.
5128. Authorization of appropriations.
Sec. 5101. Purpose
[The purpose of this chapter is to provide adequate
protection against the risks to life and property inherent in
the transportation of hazardous material in commerce by
improving the regulatory and enforcement authority of the
Secretary of Transportation.] 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. 5102. Definitions
In this chapter--
(1) ``commerce'' means trade or transportation in the
jurisdiction of the United States--
(A) between a place in a State and a place
outside of the State; [or]
(B) that affects trade or transportation
between a place in a State and a place outside
of the State[.]; or
(C) on a United States registered aircraft.
(2) ``hazardous material'' means a substance or
material the Secretary [of Transportation] designates
under section 5103(a) of this title.
* * * * * * *
(8) ``[national response team] National Response
Team'' means the [national response team] National
Response Team established under the national
contingency plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605).
* * * * * * *
(11) ``Secretary'' means the Secretary of
Transportation.
[(11)] (12) ``State'' means--
(A) * * *
* * * * * * *
[(12)] (13) ``transports'' or ``transportation''
means the movement of property and loading, unloading,
or storage incidental to the movement.
[(13)] (14) ``United States'' means all of the
States.
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary [of
Transportation] shall designate material (including an
explosive, radioactive material, [etiologic agent,] infectious
substance, flammable or combustible liquid or solid, [poison,]
toxic, oxidizing or corrosive material, and compressed gas) or
a group or class of material as hazardous when the Secretary
decides that transporting the material in commerce in a
particular amount and form may pose an unreasonable risk to
health and safety or property.
(b) Regulations for Safe Transportation.--(1) The Secretary
shall prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate,
interstate, and foreign commerce. The regulations--
(A) apply to a person--
(i) [transporting] that transports hazardous
material in commerce;
(ii) [causing] that causes hazardous material
to be transported in commerce; [or]
[(iii) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or
testing a packaging or a container that is
represented, marked, certified, or sold by that
person as qualified for use in transporting
hazardous material in commerce; and]
(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
* * * * * * *
(2) A proceeding to prescribe the regulations must be
conducted under section 553 of title 5, including an
opportunity for informal oral presentation.
[(C)] (3) Consultation.--When prescribing a security
regulation or issuing a security order that affects the safety
of the transportation of hazardous material, the Secretary of
Homeland Security shall consult with the Secretary.
Sec. 5103a. Limitation on issuance of hazmat licenses
(a) Limitation.--
(1) Issuance of licenses.--A State may not issue to
any individual a license to operate a motor vehicle
transporting in commerce a hazardous material unless
the Secretary [of Transportation] has first determined,
upon receipt of a notification under subsection
(c)(1)(B), that the individual does not pose a security
risk warranting denial of the license.
(2) Renewals included.--For the purposes of this
section, the term ``issue'', with respect to a license,
includes renewal of the license.
(b) Hazardous Materials Described.--The limitation in
subsection (a) shall apply with respect to--
(1) any material defined as a hazardous material by
the Secretary [of Transportation]; and
(2) any chemical or biological material or agent
determined by the Secretary of Health and Human
Services or the Attorney General as being a threat to
the national security of the United States.
(c) Background Records Check.--
(1) In general.--Upon the request of a State
regarding issuance of a license described in subsection
(a)(1) to an individual, the Attorney General--
(A) * * *
(B) upon completing the background records
check, shall notify the Secretary [of
Transportation] of the completion and results
of the background records check.
(2) Scope.--A background records check regarding an
individual under [this subsection] paragraph (1) shall
consist of the following:
(A) * * *
* * * * * * *
(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.
(d) Reporting Requirement.--Each State shall submit to the
Secretary [of Transportation], at such time and in such manner
as the Secretary may prescribe, the name, address, and such
other information as the Secretary may require, concerning--
(1) * * *
* * * * * * *
Sec. 5104. Representation and tampering
(a) Representation.--[A] No person may represent, by marking
or otherwise, that--
(1) a container, package, or packaging (or a
component of a container, package, or packaging) for
transporting hazardous material is safe, certified, or
complies with this chapter [only if the container,
package, or packaging (or a component of a container,
package, or packaging) meets] if it does not conform to
the requirements of each applicable regulation
prescribed under this chapter; or
(2) hazardous material is present in a package,
container, motor vehicle, rail freight car, aircraft,
or vessel [only if] unless the material is present.
(b) Tampering.--[A person may not] No person may alter,
remove, destroy, or otherwise tamper unlawfully with--
(1) * * *
* * * * * * *
Sec. 5105. Transporting certain highly radioactive material
(a) * * *
(b) Transportation Safety Study.--In consultation with the
Secretary of Energy, the Nuclear Regulatory Commission,
potentially affected States and Indian tribes, representatives
of the rail transportation industry, and shippers of high-level
radioactive waste and spent nuclear fuel, the Secretary [of
Transportation] shall conduct a study comparing the safety of
using trains operated only to transport high-level radioactive
waste and spent nuclear fuel with the safety of using other
methods of rail transportation for transporting that waste and
fuel. The Secretary [of Transportation] shall submit to
Congress not later than November 16, 1991, a report on the
results of the study.
(c) Safe Rail Transportation Regulations.--Not later than
November 16, 1992, after considering the results of the study
conducted under subsection (b) of this section, the Secretary
[of Transportation] shall prescribe amendments to existing
regulations that the Secretary considers appropriate to provide
for the safe rail transportation of high-level radioactive
waste and spent nuclear fuel, including trains operated only
for transporting high-level radioactive waste and spent nuclear
fuel.
[(d) Routes and Modes Study.--Not later than November 16,
1991, the Secretary of Transportation shall conduct a study to
decide which factors, if any, shippers and carriers should
consider when selecting routes and modes that would enhance
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall
include--
[(1) notice and opportunity for public comment; and
[(2) an assessment of the degree to which at least
the following affect the overall public safety of the
transportation:
[(A) population densities.
[(B) types and conditions of modal
infrastructures (including highways, railbeds,
and waterways).
[(C) quantities of high-level radioactive
waste and spent nuclear fuel.
[(D) emergency response capabilities.
[(E) exposure and other risk factors.
[(F) terrain considerations.
[(G) continuity of routes.
[(H) available alternative routes.
[(I) environmental impact factors.]
[(e)] (d) Inspections of Motor Vehicles Transporting Certain
Material.--(1) Not later than November 16, 1991, the Secretary
[of Transportation] shall require by regulation that before
each use of a motor vehicle to transport a highway-route-
controlled quantity of radioactive material in commerce, the
vehicle shall be inspected and certified as complying with this
chapter and applicable United States motor carrier safety laws
and regulations. The Secretary may require that the inspection
be carried out by an authorized United States Government
inspector or according to appropriate State procedures.
(2) The Secretary [of Transportation] may allow a person,
transporting or causing to be transported a highway-route-
controlled quantity of radioactive material, to inspect the
motor vehicle used to transport the material and to certify
that the vehicle complies with this chapter. The inspector
qualification requirements the Secretary prescribes for an
individual inspecting a motor vehicle apply to an individual
conducting an inspection under this paragraph.
Sec. 5106. Handling criteria
The Secretary [of Transportation] may prescribe criteria for
handling hazardous material, including--
(1) * * *
* * * * * * *
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary [of Transportation]
shall prescribe by regulation requirements for training that a
hazmat employer must give hazmat employees of the employer on
the safe loading, unloading, handling, storing, and
transporting of hazardous material and emergency preparedness
for responding to an accident or incident involving the
transportation of hazardous material. The regulations--
(1) * * *
* * * * * * *
(b) Beginning and Completing Training.--A hazmat employer
shall begin the training of hazmat employees of the employer
not later than 6 months after the Secretary [of Transportation]
prescribes the regulations under subsection (a) of this
section. The training shall be completed within a reasonable
period of time after--
(1) * * *
* * * * * * *
(c) Certification of Training.--After completing the
training, each hazmat employer shall certify, with
documentation the Secretary [of Transportation] may require by
regulation, that the hazmat employees of the employer have
received training and have been tested on appropriate
transportation areas of responsibility, including at least one
of the following:
(1) * * *
* * * * * * *
(d) Coordination of Training Requirements.--In consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Labor, the Secretary [of Transportation]
shall ensure that the training requirements prescribed under
this section do not conflict with or duplicate--
(1) * * *
* * * * * * *
(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.
[(f)] (g) Relationship to Other Laws.--(1) Chapter 35 of
title 44 does not apply to an activity of the Secretary [of
Transportation] under subsections (a)-(d) of this section.
(2) An action of the Secretary [of Transportation] under
subsections (a)-(d) of this section and [sections 5106,
5108(a)-(g)(1) and (h), and 5109 of this title] section 5106 is
not an exercise, under section 4(b)(1) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of
statutory authority to prescribe or enforce standards or
regulations affecting occupational safety or health.
[(g)] (h) Existing Effort.--No grant under subsection (e)
shall supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
Sec. 5108. Registration
(a) Persons Required to File.--(1) A person shall file a
registration statement with the Secretary [of Transportation]
under this subsection if the person is transporting or causing
to be transported in commerce any of the following:
(A) * * *
(B) more than 25 kilograms of a [class A or B]
Division 1.1, 1.2, or 1.3 explosive in a motor vehicle,
rail car, or transport container.
* * * * * * *
(2) The Secretary [of Transportation] may require any of the
following persons to file a registration statement with the
Secretary under this subsection:
(A) * * *
(B) a person [manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing]
designing, manufacturing, fabricating, inspecting,
marking, maintaining, reconditioning, repairing, or
testing a package or container the person represents,
marks, certifies, or sells for use in transporting in
commerce hazardous material the Secretary designates.
(3) A person required to file a registration statement
under this subsection may transport or cause to be transported,
or manufacture, fabricate, mark, maintain, recondition, repair,
or test a package or container for use in transporting,
hazardous material, only if the person has a statement on file
as required by this subsection.
(4) The Secretary may waive the filing of a registration
statement, or the payment of a fee, required under this
subsection, or both, for any person not domiciled in the United
States who solely offers hazardous materials for transportation
to the United States from a place outside the United States if
the country of which such person is a domiciliary does not
require persons domiciled in the United States who solely offer
hazardous materials for transportation to the foreign country
from places in the United States to file registration
statements, or to pay fees, for making such an offer.
(b) Form, Contents, and Limitation on Filings.--(1) A
registration statement under subsection (a) of this section
shall be in the form and contain information the Secretary [of
Transportation] requires by regulation. The Secretary may use
existing forms of the Department of Transportation and the
Environmental Protection Agency to carry out this subsection.
The statement shall include--
(A) * * *
* * * * * * *
(c) [Filing Deadlines and Amendments.--] Filing Schedule.--
(1) Each person required to file a registration statement under
subsection (a) of this section [must file the first] shall file
that statement [not later than March 31, 1992. The Secretary of
Transportation may extend that date to September 30, 1992, for
activities referred to in subsection (a)(1) of this section.]
in accordance with regulations issued by the Secretary. A
person shall renew the statement periodically consistent with
regulations the Secretary prescribes, but not more than once
each year and not less than once every 5 years.
(2) The Secretary [of Transportation] shall decide by
regulation when and under what circumstances a registration
statement must be amended and the procedures to follow in
amending the statement.
(d) Simplifying the Registration Process.--The Secretary [of
Transportation] may take necessary action to simplify the
registration process under subsections (a)-(c) of this section
and to minimize the number of applications, documents, and
other information a person is required to file under this
chapter and other laws of the United States.
(e) Cooperation With Administrator.--The Administrator of the
Environmental Protection Agency shall assist the Secretary [of
Transportation] in carrying out subsections (a)-(g)(1) and (h)
of this section by providing the Secretary with information the
Secretary requests to carry out the objectives of subsections
(a)-(g)(1) and (h).
(f) Availability of Statements.--The Secretary [of
Transportation] shall make a registration statement filed under
subsection (a) of this section available for inspection by any
person for a fee the Secretary establishes. However, this
subsection does not require the release of information
described in section 552(b) of title 5 or otherwise protected
by law from disclosure to the public.
(g) Fees.--(1) The Secretary [of Transportation may] shall
establish, impose, and collect from a person required to file a
registration statement under subsection (a) of this section a
fee necessary to pay for the costs of the Secretary in
processing the statement.
(2)(A) In addition to a fee established under paragraph (1)
of this subsection, the Secretary [of Transportation] shall
establish and impose by regulation and collect an annual fee.
Subject to subparagraph (B) of this paragraph, the fee shall be
at least $250 but not more than [$5,000] $3,000 from each
person required to file a registration statement under this
section. The Secretary shall determine the amount of the fee
under this paragraph on at least one of the following:
(i) * * *
* * * * * * *
(B) The Secretary [of Transportation] shall adjust the amount
being collected under this paragraph to reflect any unexpended
balance in the account established under section 5116(i) of
this title. However, the Secretary is not required to refund
any fee collected under this paragraph.
(C) The Secretary [of Transportation] shall transfer to the
Secretary of the Treasury amounts the Secretary of
Transportation collects under this paragraph for deposit in the
account the Secretary of the Treasury establishes under section
5116(i) of this title.
(3) Fees on exempt persons.--Notwithstanding
subsection (a)(4), the Secretary shall impose and
collect a fee of $25 from a person 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.
(h) Maintaining Proof of Filing and Payment of Fees.--The
Secretary [of Transportation] may prescribe regulations
requiring a person required to file a registration statement
under subsection (a) of this section to maintain proof of the
filing and payment of fees imposed under subsection (g) of this
section.
(i) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary [of
Transportation] under subsections (a)-(g)(1) and (h) of this
section.
(2)(A) * * *
(B) Subsections (a)-(h) of this section do not apply to a
department, agency, or instrumentality of the United States
Government, an authority of a State, Indian tribe, or political
subdivision of a State, or an employee of a department, agency,
instrumentality, or authority carrying out official duties.
Sec. 5109. Motor carrier safety permits
(a) Requirement.--A motor carrier may transport or cause to
be transported by motor vehicle in commerce hazardous material
only if the carrier holds a safety permit the Secretary [of
Transportation] issues under this section authorizing the
transportation and keeps a copy of the permit, or other proof
of its existence, in the vehicle. The Secretary shall issue a
permit if the Secretary finds the carrier is fit, willing, and
able--
(1) * * *
* * * * * * *
Sec. 5110. Shipping papers and disclosure
(a) Providing Shipping Papers.--Each person offering for
transportation in commerce hazardous material to which the
shipping paper requirements of the Secretary [of
Transportation] apply shall provide to the carrier providing
the transportation a shipping paper that makes the disclosures
the Secretary prescribes [under subsection (b) of this section]
by regulation.
* * * * * * *
(e) Retention of Papers.--After the hazardous material to
which a shipping paper provided to a carrier under subsection
(a) applies is no longer in transportation, the person who
provided the shipping paper and the carrier required to
maintain it under subsection (a) shall retain the paper or
electronic image thereof for a period of [1 year] 2 years after
the date of preparation of the shipping paper to be accessible
through their respective principal places of business. Such
person and carrier shall, upon request, make the shipping paper
available to a Federal, State, or local government agency at
reasonable times and locations.
[Sec. 5111. Rail tank cars
[A rail tank car built before January 1, 1971, may be used to
transport hazardous material in commerce only if the air brake
equipment support attachments of the car comply with the
standards for attachments contained in sections 179.100-16 and
179.200-19 of title 49, Code of Federal Regulations, in effect
on November 16, 1990.]
Sec. 5112. Highway routing of hazardous material
(a) Application.--(1) This section applies to a motor vehicle
only if the vehicle is transporting hazardous material in
commerce for which placarding of the vehicle is required under
regulations prescribed under this chapter. However, the
Secretary [of Transportation] by regulation may extend
application of this section or a standard prescribed under
subsection (b) of this section to--
(A) * * *
* * * * * * *
Sec. 5113. Unsatisfactory safety rating
[See section 31144.] A person who violates section
31144(c)(3) shall be subject to the penalties in sections 5123
and 5124.
Sec. 5114. Air transportation of ionizing radiation material
(a) * * *
(b) Procedures.--The Secretary [of Transportation] shall
prescribe procedures for monitoring and enforcing regulations
prescribed under this section.
* * * * * * *
Sec. 5115. Training curriculum for the public sector
(a) Development and Updating.--Not later than November 16,
1992, in coordination with the Director of the Federal
Emergency Management Agency, Chairman of the Nuclear Regulatory
Commission, Administrator of the Environmental Protection
Agency, Secretaries of Labor, Energy, and Health and Human
Services, and Director of the National Institute of
Environmental Health Sciences, and using the existing
coordinating mechanisms of the national response team and, for
radioactive material, the Federal Radiological Preparedness
Coordinating Committee, the Secretary of Transportation shall
develop and update periodically a curriculum consisting of a
list of courses necessary to train public sector emergency
response and preparedness teams. Only in developing the
curriculum, the Secretary [of Transportation] shall consult
with regional response teams established under the national
contingency plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605), representatives of
commissions established under section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide
training for responding to accidents and incidents involving
the transportation of hazardous material, and representatives
of persons that respond to those accidents and incidents.
(b) Requirements.--The curriculum developed under subsection
(a) of this section--
(1) shall include--
(A) * * *
* * * * * * *
(C) appropriate emergency response training
and planning programs for public sector
employees developed [under other United States
Government grant programs, including those]
with Federal financial assistance, including
programs developed with grants made under
section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9660a);
and
* * * * * * *
(c) Training on Complying With Legal Requirements.--A
recommended basic course described in subsection (b)(1)(B) of
this section shall provide the training necessary for public
sector employees to comply with--
(1) * * *
* * * * * * *
(3) standards related to emergency response training
prescribed by the National Fire Protection Association
and such other voluntary consensus standard-setting
organizations as the Secretary determines appropriate.
(d) Distribution and Publication.--With the [national
response team] National Response Team--
(1) the [Director of the Federal Emergency Management
Agency] Secretary shall distribute the curriculum and
any updates to the curriculum to the regional response
teams and all committees and commissions established
under section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
and
(2) the Secretary [of Transportation] may publish and
distribute a list of [programs that uses a course
developed under this section for training public sector
employees to respond to an accident or incident
involving the transportation of hazardous material]
programs and courses developed under this section.
Sec. 5116. Planning and training grants, monitoring, and review
(a) Planning Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes--
(A) * * *
* * * * * * *
(2) The Secretary [of Transportation] may make a grant to a
State or Indian tribe under paragraph (1) of this subsection in
a fiscal year only if--
(A) * * *
* * * * * * *
(b) Training Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes to train public
sector employees to respond to accidents and incidents
involving hazardous material.
(2) The Secretary [of Transportation] may make a grant under
paragraph (1) of this subsection in a fiscal year--
(A) * * *
* * * * * * *
(3) A grant under this subsection may be used--
(A) * * *
* * * * * * *
(C) to make an agreement the Secretary [of
Transportation] approves authorizing a person
(including an authority of a State or political
subdivision of a State or Indian tribe) to provide the
training--
(i) * * *
* * * * * * *
(4) The Secretary [of Transportation] shall allocate amounts
made available for grants under this subsection for a fiscal
year among eligible States and Indian tribes based on the needs
of the States and tribes for emergency response training. In
making a decision about those needs, the Secretary shall
consider--
(A) * * *
* * * * * * *
(D) whether the fee is used only to carry out a
purpose related to transporting hazardous material;
[and]
(E) the report submitted by the State to the
Secretary under section 5125(f)(2); and
[(E)] (F) other factors the Secretary decides are
appropriate to carry out this subsection.
(c) Compliance With Certain Law.--The Secretary [of
Transportation] may make a grant to a State or Indian tribe
under this section in a fiscal year only if the State or Indian
tribe certifies that (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, the State
complies with sections 301 and 303 of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001,
11003).
(d) Applications.--A State or Indian tribe interested in
receiving a grant under this section shall submit an
application to the Secretary [of Transportation]. The
application must be submitted at the time, and contain
information, the Secretary requires by regulation to carry out
the objectives of this section.
(e) Government's Share of Costs.--A grant under this section
is for 80 percent of the cost the State or Indian tribe incurs
in the fiscal year to carry out the activity for which the
grant is made. [Amounts of the State or tribe under subsections
(a)(2)(A) and (b)(2)(A) of this section are not part of the
non-Government share under this subsection.] 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.
(f) Monitoring and Technical Assistance.--In coordination
with the [Secretaries of Transportation and Energy,] Secretary
of Energy, Director of the Federal Emergency Management Agency,
Administrator of the Environmental Protection Agency, and
Director of the National Institute of Environmental Health
Sciences, the [Director of the Federal Emergency Management
Agency shall] Secretary of Transportation shall monitor public
sector emergency response planning and training for an accident
or incident involving hazardous material. Considering the
results of the monitoring, [the Secretaries, Administrator, and
Directors each shall] the Secretary shall provide technical
assistance to a State, political subdivision of a State, or
Indian tribe for carrying out emergency response training and
planning for an accident or incident involving hazardous
material and shall coordinate the assistance using the existing
coordinating mechanisms of the [national response team]
National Response Team and, for radioactive material, the
Federal Radiological Preparedness Coordinating Committee.
(g) Delegation of Authority.--To minimize administrative
costs and to coordinate [Government grant programs] Federal
financial assistance for emergency response training and
planning, the Secretary of Transportation may delegate to the
Directors of the Federal Emergency Management Agency and
National Institute of Environmental Health Sciences, Chairman
of the Nuclear Regulatory Commission, Administrator of the
Environmental Protection Agency, and Secretaries of Labor and
Energy any of the following:
(1) * * *
* * * * * * *
(i) [Annual Registration Fee Account and Its Uses.--]
Hazardous Materials Emergency Preparedness Fund.--The Secretary
of the Treasury shall establish an account in the Treasury, to
be known as the ``Hazardous Materials Emergency Preparedness
Fund'', into which the Secretary of the Treasury shall deposit
amounts the Secretary of Transportation collects under [section
5108(g)(2)(A) of this title and transfers to the Secretary of
the Treasury under section 5108(g)(2)(C) of this title] this
chapter. Without further appropriation, amounts in the account
are available--
(1) to make grants under this section;
(2) to monitor and provide technical assistance under
subsection (f) of this section; [and]
(3) to publish and distribute the Emergency Response
Guidebook; and
[(3)] (4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of this
title, except that not more than 10 percent of the
amounts made available from the account in a fiscal
year may be used to pay those costs.
* * * * * * *
(k) Reports.--[Not later than September 30, 1997, the
Secretary shall submit to Congress a report on the allocation
and uses of training grants authorized under subsection (b) for
fiscal year 1993 through fiscal year 1996 and grants authorized
under subsection (j) and section 5107 for fiscal years 1995 and
1996. Such] 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. The report shall identify the ultimate recipients
of training grants and include a detailed accounting of all
grant expenditures by grant recipients, the number of persons
trained under the grant programs, and an evaluation of the
efficacy of training programs carried out.
[Sec. 5117. Exemptions and exclusions]
Sec. 5117. Special permits and exclusions
(a) Authority To [Exempt] Issue Special Permits.--(1) As
provided under procedures prescribed by regulation, the
Secretary [of Transportation] may issue [an exemption], modify,
or terminate a special permit authorizing a variance from this
chapter or a regulation prescribed under section 5103(b), 5104,
5110, or 5112 of this title to a person [transporting, or
causing to be transported, hazardous material] performing a
function regulated by the Secretary under section 5103(b)(1) in
a way that achieves a safety level--
(A) * * *
* * * * * * *
[(2) An exemption under this subsection is effective for not
more than 2 years and may be renewed on application to the
Secretary.]
(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.
(b) Applications.--When applying for [an exemption] a special
permit or renewal of [an exemption] a special permit under this
section, the person must provide a safety analysis prescribed
by the Secretary that justifies [the exemption] the special
permit. The Secretary shall publish in the Federal Register
notice that an application for [an exemption] a special permit
has been filed and shall give the public an opportunity to
inspect the safety analysis and comment on the application.
This subsection does not require the release of information
protected by law from public disclosure.
(c) Applications To Be Dealt With Promptly.--The Secretary
shall issue or renew [the exemption] the special permit for
which an application was filed or deny such issuance or renewal
within 180 days after the first day of the month following the
date of the filing of such application, or the Secretary shall
publish a statement in the Federal Register of the reason why
the Secretary's decision on [the exemption] the special permit
is delayed, along with an estimate of the additional time
necessary before the decision is made.
* * * * * * *
(e) Limitation on Authority.--Unless the Secretary decides
that an emergency exists, [an exemption] a special permit or
renewal granted under this section is the only way a person
subject to this chapter may [be exempt] be granted a variance
from this chapter.
[Sec. 5118. Inspectors
[(a) General Requirement.--The Secretary of Transportation
shall maintain the employment of 30 hazardous material safety
inspectors more than the total number of safety inspectors
authorized for the fiscal year that ended September 30, 1990,
for the Federal Railroad Administration, the Federal Highway
Administration, and the Research and Special Programs
Administration.
[(b) Allocation To Promote Safety in Transporting Radioactive
Material.--(1) The Secretary shall ensure that 10 of the 30
additional inspectors focus on promoting safety in transporting
radioactive material, as defined by the Secretary, including
inspecting--
[(A) at the place of origin, shipments of high-level
radioactive waste or nuclear spent material (as those
terms are defined in section 5105(a) of this title);
and
[(B) to the maximum extent practicable shipments of
radioactive material that are not high-level
radioactive waste or nuclear spent material.
[(2) In carrying out their duties, those 10 additional
inspectors shall cooperate to the greatest extent possible with
safety inspectors of the Nuclear Regulatory Commission and
appropriate State and local government officials.
[(3) Those 10 additional inspectors shall be allocated as
follows:
[(A) one to the Pipeline and Hazardous Materials
Safety Administration.
[(B) 3 to the Federal Railroad Administration.
[(C) 3 to the Federal Highway Administration.
[(D) the other 3 among the administrations referred
to in clauses (A)-(C) of this paragraph as the
Secretary decides.
[(c) Allocation of Other Inspectors.--The Secretary shall
allocate, as the Secretary decides, the 20 additional
inspectors authorized under this section and not allocated
under subsection (b) of this section among the administrations
referred to in subsection (b)(3)(A)-(C) of this section.
[Sec. 5119. Uniform forms and procedures
[(a) Working Group.--The Secretary of Transportation 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, and
the National Conference of State Legislatures. The purposes of
the working group are--
[(1) to establish uniform forms and procedures for a
State--
[(A) to register persons that transport or
cause to be transported hazardous material by
motor vehicle in the State; and
[(B) to allow the transportation of hazardous
material in the State; and
[(2) to decide whether to limit the filing of any
State registration and permit forms and collection of
filing fees to the State in which the person resides or
has its principal place of business.
[(b) Consultation and Reporting.--The working group--
[(1) shall consult with persons subject to
registration and permit requirements described in
subsection (a) of this section; and
[(2) not later than November 16, 1993, shall submit
to the Secretary, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a final report that contains--
[(A) a detailed statement of its findings and
conclusions; and
[(B) its joint recommendations on the matters
referred to in subsection (a) of this section.
[(c) Regulations on Recommendations.--(1) The Secretary shall
prescribe regulations to carry out the recommendations
contained in the report submitted under subsection (b) of this
section with which the Secretary agrees. The regulations shall
be prescribed by the later of the last day of the 3-year period
beginning on the date the working group submitted its report or
the last day of the 90-day period beginning on the date on
which at least 26 States adopt all of the recommendations of
the report. A regulation prescribed under this subsection may
not define or limit the amount of a fee a State may impose or
collect.
[(2) A regulation prescribed under this subsection takes
effect one year after it is prescribed. The Secretary may
extend the one-year period for an additional year for good
cause. After a regulation is effective, a State may establish,
maintain, or enforce a requirement related to the same subject
matter only if the requirement is the same as the regulation.
[(3) In consultation with the working group, the Secretary
shall develop a procedure to eliminate differences in how
States carry out a regulation prescribed under this subsection.
[(d) Relationship to Other Laws.--The Federal Advisory
Committee Act (5 App. U.S.C.) does not apply to the working
group.]
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. 5120. International uniformity of standards and requirements
(a) * * *
(b) Consultation.--The Secretary [of Transportation] may
consult with interested authorities to ensure that, to the
extent practicable, regulations the Secretary prescribes under
sections 5103(b), 5104, 5110, and 5112 of this title are
consistent with standards and requirements related to
transporting hazardous material that international authorities
adopt.
(c) Differences With International Standards and
Requirements.--This section--
(1) does not require the Secretary [of
Transportation] to prescribe a standard or requirement
identical to a standard or requirement adopted by an
international authority if the Secretary decides the
standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing
a safety standard or requirement more stringent than a
standard or requirement [included in a standard]
adopted by an international authority if the Secretary
decides the standard or requirement is necessary in the
public interest.
Sec. 5121. Administrative
(a) General Authority.--To carry out this chapter, the
Secretary [of Transportation] may investigate, conduct tests,
make reports, issue subpenas, conduct hearings, require the
production of records and property, take depositions, and
conduct research, development, demonstration, and training
activities. [After] Except as provided in subsections (c) and
(d), after notice and an opportunity for a hearing, the
Secretary may issue an order requiring compliance with this
chapter or a [regulation prescribed] regulation, order, special
permit, or approval issued under this chapter.
(b) Records, Reports, and Information.--A person subject to
this chapter shall--
(1) maintain records and property, make reports, and
provide information the Secretary by regulation or
order requires; and
(2) make the records, property, reports, and
information available for inspection when the Secretary
[requests] undertakes an investigation or makes a
request.
[(c) Inspection.--(1) The Secretary may authorize an officer,
employee, or agent to inspect, at a reasonable time and in a
reasonable way, records and property related to--
[(A) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, testing, or
distributing a packaging or a container for use by a
person in transporting hazardous material in commerce;
or
[(B) the transportation of hazardous material in
commerce.
[(2) An officer, employee, or agent under this subsection
shall display proper credentials when requested.]
(c) Inspections and Investigations.--
(1) In general.--A designated officer, employee, or
agent of the Secretary--
(A) may 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, may 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) may 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) may 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, may 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, may 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 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) Regulations.--
(1) Temporary regulations.--Not later than 60 days
after the date of enactment of the Transportation
Equity Act: A Legacy for Users, the Secretary shall
issue temporary regulations to carry out subsections
(c) and (d). The temporary regulations shall expire on
the date of issuance of the regulations under paragraph
(2).
(2) Final 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.
[(d)] (f) Facility, Staff, and Reporting System on Risks,
Emergencies, and Actions.--(1) * * *
* * * * * * *
[(e)] (g) Report.--The Secretary shall, once every 2 years,
prepare and [submit to the President for transmittal to the
Congress] 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 comprehensive report on the transportation of
hazardous materials during the preceding 2 calendar years. The
report shall include--
(1) * * *
* * * * * * *
(4) an evaluation of the effectiveness of enforcement
activities relating to a function regulated by the
Secretary under section 5103(b)(1) and the degree of
voluntary compliance with regulations;
* * * * * * *
Sec. 5122. Enforcement
(a) General.--At the request of the Secretary [of
Transportation], the Attorney General may bring a civil action
in an appropriate district court of the United States to
enforce this chapter or a regulation prescribed or order issued
under this chapter. [The court may award appropriate relief,
including punitive damages.] 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.--(1) If the Secretary has reason to
believe that an imminent hazard exists, the Secretary may bring
a civil action in an appropriate district court of the United
States--
(A) * * *
(B) to eliminate [or ameliorate the] or mitigate the
hazard.
* * * * * * *
Sec. 5123. Civil penalty
(a) Penalty.--(1) A person that knowingly violates this
chapter or a [regulation prescribed or order issued]
regulation, order, special permit, or approval issued under
this chapter is liable to the United States Government for a
civil penalty of at least $250 but not more than [$25,000]
$50,000 for each violation. A person acts knowingly when--
(A) * * *
* * * * * * *
(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.
[(2)] (3) A separate violation occurs for each day the
violation, committed by a person that transports or causes to
be transported hazardous material, continues.
(b) Hearing Requirement.--The Secretary [of Transportation]
may find that a person has violated this chapter or a
[regulation prescribed] regulation, order, special permit, or
approval issued under this chapter only after notice and an
opportunity for a hearing. The Secretary shall impose a penalty
under this section by giving the person written notice of the
amount of the penalty.
* * * * * * *
(d) Civil Actions To Collect.--The Attorney General may bring
a civil action in an appropriate district court of the United
States to collect a civil penalty under this section. In such
action, the validity, amount, and appropriateness of the civil
penalty shall not be subject to review.
(e) Compromise.--The Secretary may compromise the amount of a
civil penalty imposed under this section [before referral to
the Attorney General].
* * * * * * *
[Sec. 5124. Criminal penalty
[A person knowingly violating section 5104(b) of this title
or willfully violating this chapter or a regulation prescribed
or order issued under this chapter shall be fined under title
18, imprisoned for not more than 5 years, or both.]
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. 5125. Preemption
(a) [General.--] Dual Compliance and Obstacle Tests.--Except
as provided in subsections (b), (c), and (e) of this section
and unless authorized by another law of the United States, a
requirement of a State, political subdivision of a State, or
Indian tribe is preempted if--
(1) * * *
* * * * * * *
(b) Substantive Differences.--(1) * * *
(2) If the Secretary [of Transportation] prescribes or has
prescribed under section 5103(b), 5104, 5110, or 5112 of this
title or prior comparable provision of law a regulation or
standard related to a subject referred to in paragraph (1) of
this subsection, a State, political subdivision of a State, or
Indian tribe may prescribe, issue, maintain, and enforce only a
law, regulation, standard, or order about the subject that is
substantively the same as a provision of this chapter or a
regulation prescribed or order issued under this chapter. The
Secretary shall decide on and publish in the Federal Register
the effective date of section 5103(b) of this title for any
regulation or standard about any of those subjects that the
Secretary prescribes [after November 16, 1990]. However, the
effective date may not be earlier than 90 days after the
Secretary prescribes the regulation or standard nor later than
the last day of the 2-year period beginning on the date the
Secretary prescribes the regulation or standard.
* * * * * * *
(d) Decisions on Preemption.--(1) A person (including a
State, political subdivision of a State, or Indian tribe)
directly affected by a requirement of a State, political
subdivision, or tribe may apply to the Secretary, as provided
by regulations prescribed by the Secretary, for a decision on
whether the requirement is preempted by subsection (a), (b)(1),
or (c) of this section. The Secretary shall publish notice of
the application in the Federal Register. The Secretary shall
issue and publish in the Federal Register a decision on an
application for a determination within 180 days after the date
of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the
Federal Register of the reason why the Secretary's decision on
the application is delayed, along with an estimate of the
additional time necessary before the decision is made. After
notice is published, an applicant may not seek judicial relief
on the same or substantially the same issue until the Secretary
takes final action on the application or until 180 days after
the application is filed, whichever occurs first.
* * * * * * *
[(f) Judicial Review.--A party to a proceeding under
subsection (d) or (e) of this section may bring a civil action
in an appropriate district court of the United States for
judicial review of the decision of the Secretary not later than
60 days after the decision becomes final.]
[(g)] (f) Fees.--(1) * * *
(2) A State or political subdivision thereof or Indian tribe
that levies a fee in connection with the transportation of
hazardous materials shall, upon the Secretary's request, report
to the Secretary on--
(A) the basis on which the fee is levied upon persons
involved in such transportation;
(B) the purposes for which the revenues from the fee
are used;
(C) the annual total amount of the revenues collected
from the fee; and
(D) such other matters as the Secretary requests.
(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. 5126. Relationship to other laws
(a) Contracts.--A person under contract with a department,
agency, or instrumentality of the United States Government that
transports or causes to be transported hazardous material, or
manufactures, fabricates, marks, maintains, reconditions,
repairs, or tests a package or container that the person
represents, marks, certifies, or sells as qualified for use in
transporting hazardous material [must comply] shall comply with
this chapter, regulations prescribed and orders issued under
this chapter, and all other requirements of the Government,
State and local governments, and Indian tribes (except a
requirement preempted by a law of the United States) in the
same way and to the same extent that any person engaging in
that transportation, manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing that is in
or affects commerce must comply with the provision, regulation,
order, or requirement.
* * * * * * *
[Sec. 5127. Authorization of appropriations
[(a) General.--Not more than $18,000,000 may be appropriated
to the Secretary of Transportation for fiscal year 1993,
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for
fiscal year 1997 to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
[(b) Training of Hazmat Employee Instructors.--(1) There is
authorized to be appropriated to the Secretary $3,000,000 for
each of fiscal years 1995, 1996, 1997, and 1998 to carry out
section 5107(e).
[(2)(A) There shall be available to the Secretary for
carrying out section 5116(j), from amounts in the
account established pursuant to section 5116(i),
$250,000 for each of fiscal years 1995, 1996, 1997, and
1998.
[(B) In addition to amounts made available under
subparagraph (A), there is authorized to be
appropriated to the Secretary for carrying out section
5116(j) $1,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998.
[(c) Training Curriculum.--(1) Not more than $1,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5115 of this title.
[(2) The Secretary of Transportation may transfer to the
Director of the Federal Emergency Management Agency from
amounts available under this subsection amounts necessary to
carry out section 5115(d)(1) of this title.
[(d) Planning and Training.--(1) Not more than $5,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5116(a) of this title.
[(2) Not more than $7,800,000 is available to the Secretary
of Transportation from the account established under section
5116(i) of this title for each of the fiscal years ending
September 30, 1993-1998, to carry out section 5116(b) of this
title.
[(3) Not more than the following amounts are available from
the account established under section 5116(i) of this title for
each of the fiscal years ending September 30, 1993-1998, to
carry out section 5116(f) of this title:
[(A) $750,000 each to the Secretaries of
Transportation and Energy, Administrator of the
Environmental Protection Agency, and Director of the
Federal Emergency Management Agency.
[(B) $200,000 to the Director of the National
Institute of Environmental Health Sciences.
[(e) Uniform Forms and Procedures.--Not more than $400,000
may be appropriated to the Secretary of Transportation for the
fiscal year ending September 30, 1993, to carry out section
5119 of this title.
[(f) Credits to Appropriations.--The Secretary of
Transportation 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 available under
subsections (c)-(e) of this section remain available until
expended.]
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.
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 2005, $27,000,000.
(2) For fiscal year 2006, $29,000,000.
(3) 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 2005 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 2005 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.
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.
(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.
(4) Reservation of rights.--The right to alter, amend
or repeal interstate compacts entered into under this
subsection is expressly reserved.
(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 periodically,
according to a schedule that the Secretary determines
to be appropriate, a transportation plan for its
metropolitan planning area in accordance with the
requirements of this subsection. 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)).
(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.
(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, 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 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. Such program shall cover
a period of 4 yearsand be updated every 4 years or more
frequently if the Governor elects to update more frequently.
(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.--
(1) In general.--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.
(2) Reservation of rights.--The right to alter, amend
or repeal interstate compacts entered into under this
subsection is expressly reserved.
(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.
(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.
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
(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.
CHAPTER 53--[MASS] PUBLIC TRANSPORTATION
Sec.
5301. Policies, findings, and purposes.
* * * * * * *
[5304. Transportation improvement program.
[5305. Transportation management areas.
[5306. Private enterprise participation in metropolitan planning and
transportation improvement programs and relationship to other
limitations.]
5304. Statewide planning.
5305. Planning programs.
5306. Private enterprise participation in planning; relationship to
other limitations.
* * * * * * *
[5309. Capital investment grants and loans.
[5310. formula Grants and loans for special needs of elderly
individuals and individuals with disabilities.
[5311. Formula grant for other than urbanized areas.
[5312. Research, development, demonstration, and training projects.
[5313. State planning and research programs.
[5314. National planning and research programs.]
5309. Capital investment grants.
5310. Formula grants for special needs of elderly individuals and
individuals with disabilities.
5311. Formula grants for other than urbanized areas.
5312. Research, development, demonstration, and deployment projects.
5313. Cooperative research program.
5314. National research and technology programs.
* * * * * * *
5316. Job access and reverse commute formula grants.
5317. New freedom program.
* * * * * * *
[5320. Suspended light rail system technology pilot project.]
5320. Transit in the parks pilot program.
* * * * * * *
[5324. Limitations on discretionary and special needs grants and
loans.]
5324. Special provisions for capital projects.
5325. Contract requirements.
[5326. Special procurements.]
* * * * * * *
[5329. Investigation of safety hazards.
[5330. Withholding amounts for noncompliance with safety requirements.]
5329. Investigation of safety and hazards.
5330. State safety oversight.
* * * * * * *
[5335. Reports and audits.]
5335. National transit database.
5336. Apportionment of appropriations for formula grants.
[5337. Apportionment of appropriations for fixed guideway
modernization.]
5337. Apportionment based on fixed guideway factors.
* * * * * * *
Sec. 5301. Policies, findings, and purposes
[(a) Development of Transportation Systems.--It is in the
interest of the United States to encourage and promote the
development of transportation systems that embrace various
modes of transportation and efficiently maximize mobility of
individuals and goods in and through urbanized areas and
minimize transportation-related fuel consumption and air
pollution.]
(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) General Findings.--Congress finds that--
(1) * * *
* * * * * * *
(4) for many years the [mass] public transportation
industry capably and profitably satisfied the
transportation needs of the urban areas of the United
States but in the early 1970's continuing even minimal
[mass] public transportation service in urban areas was
threatened because maintaining that transportation
service was financially burdensome;
* * * * * * *
(6) some urban areas were developing preliminary
plans for, or carrying out, projects in the early
1970's to revitalize their [mass] public transportation
operations;
(7) significant [mass] public transportation
improvements are necessary to achieve national goals
for improved air quality, energy conservation,
international competitiveness, and mobility for elderly
individuals, individuals with disabilities, and
economically disadvantaged individuals in urban and
rural areas of the United States;
(8) financial assistance by the Government to develop
efficient and coordinated [mass] public transportation
systems is essential to solve the urban transportation
problems referred to in clause (2) of this subsection;
and
(9) immediate substantial assistance by the
Government is needed to enable [mass] public
transportation systems to continue providing vital
transportation service.
* * * * * * *
(d) Elderly Individuals and Individuals With Disabilities.--
It is the policy of the Government that elderly individuals and
individuals with disabilities have the same right as other
individuals to use [mass] public transportation service and
facilities. Special efforts shall be made in planning and
designing [mass] public transportation service and facilities
to ensure that [mass] public transportation can be used by
elderly individuals and individuals with disabilities. All
programs of the Government assisting [mass] public
transportation shall carry out this policy.
(e) Preserving the Environment.--It is the policy of the
Government that special effort shall be made to preserve the
natural beauty of the countryside, public park and recreation
lands, wildlife and waterfowl refuges, and important historical
and cultural assets when planning, designing, and carrying out
[an urban mass] a public transportation capital project with
assistance from the Government [under sections 5309 and 5310 of
this title].
(f) General Purposes.--The purposes of this chapter are--
(1) to assist in developing improved [mass] public
transportation equipment, facilities, techniques, and
methods with the cooperation of [public and private
mass transportation companies] both public
transportation companies and private companies engaged
in public transportation;
(2) to encourage the planning and establishment of
areawide [urban mass] public transportation systems
needed for economical and desirable urban development
with the cooperation of [public and private mass
transportation companies] both public transportation
companies and private companies engaged in public
transportation;
(3) to assist States and local governments and their
authorities in financing areawide [urban mass] public
transportation systems that are to be operated by
[public or private mass transportation companies]
public transportation companies or private companies
engaged in public transportation as decided by local
needs;
* * * * * * *
(5) to establish a partnership that allows a
community, with financial assistance from the
Government, to satisfy its [urban mass] public
transportation requirements.
Sec. 5302. Definitions
(a) In General.--[In this chapter] Except as otherwise
specifically provided, in this chapter, the following
definitions apply:
(1) Capital project.--The term ``capital project''
means a project for--
(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in
[mass] public transportation, expenses
incidental to the acquisition or construction
(including designing, engineering, location
surveying, mapping, and acquiring rights-of-
way), payments for the capital portions of rail
trackage rights agreements, transit-related
intelligent transportation systems, relocation
assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating,
and rehabilitating replacement housing;
* * * * * * *
(F) leasing equipment or a facility for use
in [mass] public transportation, subject to
regulations that the Secretary prescribes
limiting the leasing arrangements to those that
are more cost-effective than purchase or
construction;
(G) a [mass] public transportation
improvement that enhances economic development
or incorporates private investment, including
commercial and residential development,
pedestrian and bicycle access to a [mass]
public transportation facility, construction,
renovation, and improvement of intercity bus
stations and terminals, and the renovation and
improvement of historic transportation
facilities, because the improvement enhances
the effectiveness of a [mass] public
transportation project and is related
physically or functionally to that [mass]
public transportation project, or establishes
new or enhanced coordination between [mass]
public transportation and other transportation,
and provides a fair share of revenue for [mass]
public transportation that will be used for
[mass] public transportation--
(i) * * *
(ii) excluding construction of a
commercial revenue-producing facility
(other than an intercity bus station or
terminal) or a part of a public
facility not related to [mass] public
transportation;
(H) the introduction of new technology,
through innovative and improved products, into
[mass] public transportation; [or]
(I) the provision of nonfixed route
paratransit transportation services in
accordance with section 223 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are
in compliance with applicable requirements of
that Act, including both fixed route and demand
responsive service, and only for amounts not to
exceed 10 percent of such recipient''s annual
formula apportionment under sections 5307 and
5311[.];
(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.
* * * * * * *
(4) Fixed guideway.--The term ``fixed guideway''
means a [mass] public transportation facility--
(A) using and occupying a separate right-of-
way or rail for the exclusive use of [mass]
public transportation and other high occupancy
vehicles; or
* * * * * * *
(5) [Handicapped individual] Individual with a
disability.--The term ``[handicapped individual]
individual with a disability'' means an individual who,
because of illness, injury, age, congenital
malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability),
cannot use effectively, without special facilities,
planning, or design, [mass] public transportation
service or a [mass] public transportation facility.
* * * * * * *
[(7) Mass transportation.--The term ``mass
transportation'' means transportation by a conveyance
that provides regular and continuing general or special
transportation to the public, but does not include
school bus, charter, or sightseeing transportation.]
(7) Mass transportation.--The term ``mass
transportation'' means public transportation.
* * * * * * *
(9) New bus model.--The term ``new bus model'' means
a bus model (including a model using alternative
fuel)--
(A) that has not been used in [mass] public
transportation in the United States before the
date of production of the model; or
(B) used in [mass] public transportation in
the United States, but being produced with a
major change in configuration or components.
[(10) Public transportation.--The term ``public
transportation'' means mass transportation.]
(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.
* * * * * * *
(14) Transit.--The term ``transit'' means [mass]
public transportation.
(15) Transit enhancement.--The term ``transit
enhancement'' means, with respect to any project or an
area to be served by a project, projects that are
designed to enhance [mass] public transportation
service or use and that are physically or functionally
related to transit facilities. Eligible projects are--
(A) historic preservation, rehabilitation,
and operation of historic [mass] public
transportation buildings, structures, and
facilities (including historic bus and railroad
facilities);
* * * * * * *
(F) bicycle access, including bicycle storage
facilities and installing equipment for
transporting bicycles on [mass] public
transportation vehicles;
(G) transit connections to parks within the
recipient's transit service area;
(H) signage; and
(I) enhanced access for persons with
disabilities to [mass] public transportation.
(16) Urban area.--The term ``urban area'' means an
area that includes a municipality or other built-up
place that the Secretary, after considering local
patterns and trends of urban growth, decides is
appropriate for a local [mass] public transportation
system to serve individuals in the locality.
[(17) Urbanized area.--The term ``urbanized area''
means an area--
[(A) encompassing at least an urbanized area
within a State that the Secretary of Commerce
designates; and
[(B) designated as an urbanized area within
boundaries fixed by State and local officials
and approved by the Secretary.]
(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.
(b) Authority To Modify ``[Handicapped Individual] Individual
With a Disability''.--The Secretary may by regulation modify
the definition of the term ``[handicapped individual]
individual with a disability'' in subsection (a)(5) as it
applies to section 5307(d)(1)(D).
[Sec. 5303. Metropolitan planning
[(a) General Requirements.--
[(1) Development of plans and programs.--To carry out
section 5301(a), metropolitan planning organizations
designated under subsection (c), in cooperation with
the States and mass transportation operators, shall
develop transportation plans and programs for urbanized
areas of the State.
[(2) Contents.--The plans and programs developed
under paragraph (1) for each metropolitan area shall
provide for the development and integrated management
and operation of transportation systems and facilities
(including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the metropolitan
area and as an integral part of an intermodal
transportation system for the State and the United
States.
[(3) Process.--The process for developing the plans
and programs 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) Scope of Planning Process.--
[(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, 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
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(E) enhance the integration and connectivity
of the transportation system, across and
between modes, 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 this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(c) Designating Metropolitan Planning Organizations.--(1) To
carry out the planning process required by this section and
sections 5304-5306 of this title, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000--
[(A) by agreement of the chief executive officer of a
State 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
[(B) under procedures established by State or local
law.
[(2) Each policy board of a metropolitan planning
organization that serves an area designated as a transportation
management area when designated or redesignated under this
subsection shall consist of local elected officials, officials
of public agencies that administer or operate major modes of
transportation in the metropolitan area (including all
transportation authorities included in the organization on June
1, 1991), and appropriate State officials.
[(3) More than one metropolitan planning organization may be
designated within an existing metropolitan planning area only
if the chief executive officer of the State and the existing
metropolitan organization determine that the size and
complexity of the existing metropolitan planning area make
designation of more than one organization appropriate.
[(4) A designation is effective until--
[(A) the organization is redesignated under paragraph
(5) of this subsection; or
[(B) revoked--
[(i) by agreement of the chief executive
officer and units of general local government
representing at least 75 percent of the
affected population; or
[(ii) as otherwise provided by State or local
procedures.
[(5)(A) The chief executive officer 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) may
redesignate by agreement a metropolitan planning organization
when appropriate to carry out this section and sections 5304-
5306 of this title.
[(B) A metropolitan planning organization shall be
redesignated on request of one or more units of general local
government representing at least 25 percent of the affected
population (including the central city or cities, as defined by
the Bureau of the Census) in an urbanized area with a
population of more than 5,000,000, but less than 10,000,000 or
that is an extreme nonattainment area for ozone or carbon
monoxide (as defined in the Clean Air Act (42 U.S.C. 7401 et
seq.)).
[(C) A metropolitan planning organization shall be
redesignated using procedures established to carry out this
paragraph.
[(D) Designations of metropolitan planning organizations,
whether made under this section or under any other provision of
law, shall remain in effect until redesignation under this
paragraph.
[(6) This subsection does not affect the authority, under
State law in effect on December 18, 1991, of a public authority
with multimodal transportation responsibilities--
[(A) to develop plans and programs for a metropolitan
planning organization to adopt; and
[(B) to develop long-range capital plans, coordinate
mass transportation services and projects, and carry
out other activities under State law.
[(d) Metropolitan Planning Area Boundaries.--
[(1) In general.--To carry out this section, the
metropolitan planning organization and the chief
executive officer shall decide by agreement on the
boundaries of a metropolitan planning area.
[(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; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) 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.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the chief executive officer of the State and any
affected metropolitan planning organizations, in the
manner described in subsection (c)(5).
[(4) 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 under the Clean Air Act, the boundaries of the
metropolitan planning area--
[(A) shall be established in the manner
described in subsection (c)(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.
[(e) Coordination.--(1) The Secretary of Transportation shall
establish requirements the Secretary considers appropriate to
encourage chief executive officers and metropolitan planning
organizations with responsibility for part of a multi-State
metropolitan area to provide coordinated transportation
planning for the entire area.
[(2) Congress consents to at least 2 States making an
agreement or compact, not in conflict with a 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.
[(3) If more than one metropolitan planning organization has
authority in a metropolitan area or an area designated a
nonattainment area for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.), each organization shall
consult with the other organizations designated for the area
and the State to coordinate plans and projects required by this
section and sections 5304-5306 of this title.
[(4) The Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent practicable,
the design and delivery of transportation services within the
metropolitan planning area that are provided--
[(A) by recipients of assistance under this chapter;
and
[(B) by governmental agencies and non-profit
organizations (including representatives of the
agencies and organizations) that receive Governmental
assistance from a source other than the Department of
Transportation to provide non-emergency transportation
services.
[(5) Coordination.--If a project is located within
the boundaries of more than 1 metropolitan planning
organization, the metropolitan planning organizations
shall coordinate plans regarding the project.
[(6) 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 chapter and
sections 134 and 135 of title 23.
[(C) Interstate compact.--
[(i) In general.--Subject to clause
(ii) and 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 this chapter and
under title 23, 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.
[(f) Developing Long-Range Transportation Plans.--(1) Each
metropolitan planning organization shall prepare and update
periodically, according to a schedule the Secretary of
Transportation decides is appropriate, a long-range plan for
its metropolitan area under the requirements of this section.
The plan shall be in the form the Secretary considers
appropriate and at least shall--
[(A) identify transportation facilities (including
major roadways, mass transportation, and multimodal and
intermodal facilities) that should function as an
integrated metropolitan transportation system,
emphasizing transportation facilities that serve
important national, regional, and metropolitan
transportation functions;
[(B) include a financial plan that--
[(i) demonstrates how the long-range plan can
be carried out;
[(ii) indicates resources from public and
private sources reasonably expected to be made
available to carry out the plan; and
[(iii) recommends any additional financing
strategies for needed projects and programs;
[(C) identify transportation strategies necessary--
[(i) to ensure preservation, including
requirements for management, operation,
modernization, and rehabilitation, of the
existing and future transportation system; and
[(ii) to use existing transportation
facilities most efficiently to relieve
congestion, to efficiently serve the mobility
needs of people and goods, and to enhance
access within the metropolitan planning area;
[(D) indicate appropriate proposed transportation
enhancement activities; and
[(E) the financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted long-range plan if reasonable additional
resources beyond those identified in the financial plan
were available, except that, for the purpose of
developing the long-range plan, the metropolitan
planning organization and the State shall cooperatively
develop estimates of funds that will be available to
support plan implementation.
[(2) When formulating a long-range transportation plan, the
metropolitan planning organization shall consider the factors
described in subsection (b) of this section and any State or
local goals developed within the cooperative metropolitan
planning process as they relate to a 20-year forecast period
and to other forecast periods as determined by the participants
in the planning process.
[(3) In a metropolitan area that is in a nonattainment area
for ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization shall
coordinate the development of the long-range plan with the
development of the transportation control measures of the State
Implementation Plan required by the Act.
[(4) Before approving a long-range plan, each metropolitan
planning organization shall provide citizens, affected public
agencies, representatives of mass transportation authority
employees, freight shippers, providers of freight
transportation services, private providers of transportation,
representatives of users of public transit, and other
interested parties with a reasonable opportunity to comment on
the plan in a way the Secretary of Transportation considers
appropriate.
[(5) A long-range plan shall be--
[(A) published or otherwise made readily available
for public review; and
[(B) submitted for information purposes to the chief
executive officer of the State at the time and in the
way the Secretary of Transportation establishes.
[(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (1)(E), 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 (1)(B).
[(g) Grants.--Under criteria the Secretary of Transportation
establishes, the Secretary may make contracts for, and grants
to, States, local governmental authorities, and authorities of
the States and governmental authorities, or may make agreements
with other departments, agencies, and instrumentalities of the
Government, to plan, engineer, design, and evaluate a mass
transportation project and for other technical studies,
including--
[(1) studies related to management, operations,
capital requirements, and economic feasibility;
[(2) evaluating previously financed projects; and
[(3) other similar and related activities preliminary
to and in preparation for constructing, acquiring, or
improving the operation of facilities and equipment.
[(h) Balanced and Comprehensive Planning.--(1) To the extent
practicable, the Secretary of Transportation shall ensure that
amounts made available under subsection (c) or (h)(1) of
section 5338 of this title to carry out this section and
sections 5304 and 5305 of this title 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.
[(2)(A) The Secretary of Transportation shall apportion 80
percent of the amount made available under subsection (c) or
(h)(1) of section 5338 of this title to States in a ratio equal
to the population in urbanized areas in each State divided by
the total population in urbanized areas in all States, as shown
by the latest available decennial census. A State may not
receive less than .5 percent of the amount apportioned under
this subparagraph.
[(B) Amounts apportioned to a State under subparagraph (A) of
this paragraph shall be allocated to metropolitan planning
organizations in the State designated under this section under
a formula--
[(i) the State develops in cooperation with the
metropolitan planning organizations;
[(ii) the Secretary of Transportation approves; and
[(iii) that considers population in urbanized areas
and provides an appropriate distribution for urbanized
areas to carry out the cooperative processes described
in this section.
[(C) A State shall make amounts available promptly to
eligible metropolitan planning organizations according to
procedures the Secretary of Transportation approves.
[(3)(A) The Secretary of Transportation shall apportion 20
percent of the amount made available under subsection (c) or
(h)(1) of section 5338 of this title to States to supplement
allocations made under paragraph (2)(B) of this subsection for
metropolitan planning organizations.
[(B) Amounts under this paragraph shall be allocated under a
formula that reflects the additional cost of carrying out
planning, programming, and project selection responsibilities
under this section and sections 5304-5306 of this title in
those areas.
[(4) To the maximum extent practicable, the Secretary of
Transportation shall ensure that no metropolitan planning
organization is allocated less than the amount it received by
administrative formula under this section in the fiscal year
that ended September 30, 1991. To carry out this subsection,
the Secretary may make a proportionate reduction in other
amounts made available to carry out subsection (c) or (h)(1) of
section 5338 of this title.
[(5) Amounts available for an activity under this subsection
are for 80 percent of the cost of the activity unless the
Secretary of Transportation decides it is in the interests of
the Government not to require a State or local match.
[(6) An amount apportioned under this subsection--
[(A) remains available for 3 years after the fiscal
year in which the amount is apportioned, and
[(B) that is unobligated at the end of the 3-year
period shall be reapportioned among the States for the
next fiscal year.
[Sec. 5304. Transportation improvement program
[(a) Development and Update.--
[(1) In general.--In cooperation with the State and
affected mass transportation operators, a metropolitan
planning organization designated for a metropolitan
area shall develop a transportation improvement program
for the area. In developing the program, the
metropolitan planning organization, in cooperation with
the chief executive officer of the State and any
affected mass transportation operator, shall provide
citizens, affected public agencies, representatives of
transportation authority employees, other affected
employee representatives, freight shippers, providers
of freight transportation services, other affected
employee representatives, private providers of
transportation, representatives of users of public
transit, and other interested parties with a reasonable
opportunity to comment on the proposed program. The
program shall be updated at least once every 2 years
and shall be approved by the organization and the chief
executive officer of the State.
[(2) Funding estimate.--For the purpose of developing
the transportation improvement program, the
metropolitan planning organization, public transit
agency, and the State shall cooperatively develop
estimates of funds that are reasonably expected to be
available to support program implementation.
[(b) Contents.--A transportation improvement program for a
metropolitan area shall include--
[(1) a priority list of projects and parts of
projects to be carried out in each 3-year period after
the program is adopted; and
[(2) a financial plan that--
[(A) demonstrates how the program can be
carried out;
[(B) indicates resources from public and
private sources that reasonably are expected to
be made available to carry out the plan;
[(C) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
[(D) may include, for illustrative purposes,
additional projects that would be included in
the approved transportation improvement program
if reasonable additional resources beyond those
identified in the financial plan were
available.
[(c) Project Selection.--(1) Except as otherwise provided in
section 5305(d)(1) and in addition to the transportation
improvement program development required under subsection (b),
the selection of federally funded projects for implementation
in metropolitan areas shall be carried out, from the approved
transportation improvement program--
[(A) by--
[(i) in the case of projects under title 23,
the State; and
[(ii) in the case of projects under this
chapter, the designated transit funding
recipients; and
[(B) in cooperation with the metropolitan planning
organization.
[(2) A transportation improvement program for a metropolitan
area shall include--
[(A) projects within the area that are proposed for
financing under this chapter and title 23 and that are
consistent with the long-range plan developed under
section 5303(f) of this title; and
[(B) a project or an identified phase of a project
only if full financing reasonably can be anticipated to
be available for the project in the period estimated
for completion.
[(3) 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.
[(4) Selection of projects from illustrative list.--
[(A) In general.--Notwithstanding subsection
(b)(2)(D), 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 subsection (b)(2)(D).
[(B) Action by 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 plan under
subsection (b)(2) for inclusion in an approved
transportation improvement plan.
[(5) Publication.--(A) A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan planning
organization for public review.
[(B) An annual listing of projects for which Government 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 transportation
improvement program.
[(6) Regionally significant projects proposed for funding
under chapter 2 of title 23 shall be identified individually in
the transportation improvement program. All other projects
funded under chapter 2 of title 23 shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
[(d) Notice and Comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with reasonable
notice and an opportunity to comment on the proposed program.
[(e) Regulatory Proceeding.--Not later than June 18, 1992,
the Secretary of Transportation shall begin a regulatory
proceeding to conform review requirements for mass
transportation projects under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) to comparable requirements
under that Act applicable to highway projects. This section and
sections 5303, 5305, and 5306 of this title do not affect the
applicability of the Act to mass transportation or highway
projects. A mass transportation project that has an approved
draft Environmental Impact Statement is exempt from complying
with requirements under the Act applicable to highway projects.
[Sec. 5305. Transportation management areas
[(a) Designation.--The Secretary of Transportation shall
designate as a transportation management area--
[(1) each urbanized area with a population of more
than 200,000; and
[(2) any other area, if requested by the chief
executive officer and the metropolitan planning
organization designated for the area.
[(b) Transportation Plans and Programs.--Transportation plans
and programs in a transportation management area shall be based
on a continuing and comprehensive transportation planning
process the metropolitan planning organization carries out in
cooperation with the State and affected mass transportation
operators.
[(c) Congestion Management System.--The transportation
planning process under sections 5303, 5304, and 5306 of this
title in a transportation management area shall include a
congestion management system providing for effective
management, through travel demand reduction and operational
management strategies, of new and existing transportation
facilities eligible for financing under this chapter and title
23.
[(d) Project Selection.--(1)(A) All federally funded projects
carried out within the boundaries of a transportation
management area under title 23 (excluding projects carried out
on the National Highway System and projects carried out under
the bridge and interstate maintenance program) or under this
chapter shall be selected from the approved transportation
improvement program by the metropolitan planning organization
designated for the area in consultation with the State and any
affected public transit operator.
[(B) Projects carried out within the boundaries of 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 shall be
selected from the approved transportation improvement program
by the State in cooperation with the metropolitan planning
organization designated for the area.
[(2)(A) A selection under this subsection must comply with
the transportation improvement program for the area.
[(B) A selection under paragraph (1)(A) of this subsection
must comply with priorities established in the program.
[(e) Certification.--(1) At least once every 3 years, 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 section 134 of title 23 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)(A) If a metropolitan planning process is not certified,
the Secretary may withhold not more than 20 percent of the
apportioned funds attributable to the transportation management
area under this chapter and title 23.
[(B) Any apportionments withheld under subparagraph (A) shall
be restored to the metropolitan area at such time as the
metropolitan planning organization is certified by the
Secretary.
[(3) 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) of this title for deciding the feasibility of
private enterprise participation.
[(4) In making certification determinations under this
subsection, the Secretary shall provide for public involvement
appropriate to the metropolitan area under review.
[(f) Additional Requirements for Certain Nonattainment
Areas.--Government amounts may be made available for a mass
transportation project resulting in a significant increase in
carrying capacity for single occupant vehicles in a
transportation management area classified as a nonattainment
area for ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.) only if the project is part of an approved
congestion management system.
[(g) Areas Not Designated Transportation Management Areas.--
(1) The Secretary may provide for the development of
abbreviated metropolitan transportation plans and programs the
Secretary decides are appropriate to carry out this section and
sections 5303, 5304, and 5306 of this title for metropolitan
areas not designated transportation management areas under this
section. The Secretary shall consider the complexity of
transportation problems in those areas, including
transportation-related air quality problems.
[(2) The Secretary may not provide an abbreviated plan or
program for a metropolitan area in a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.).
[(h) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs 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 plans and programs 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 program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).]
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. 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.
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--
(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.
[Sec. 5306. Private enterprise participation in metropolitan planning
and transportation improvement programs and
relationship to other limitations]
Sec. 5306. Private enterprise participation in planning; relationship
to other limitations
(a) * * *
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
(2) Designated recipient.--The term ``designated
recipient'' means--
(A) [a person] an entity designated,
consistent with the planning process under
sections 5303-5306 of this title, by the chief
executive officer of a State, responsible local
officials, and publicly owned operators of
[mass] public transportation to receive and
apportion amounts under section 5336 of this
title that are attributable to transportation
management areas established under [section
5305(a) of this title] chapter 52; or
(B) a State or regional authority if the
authority is responsible under the laws of a
State for a capital project and for financing
and directly providing [mass] public
transportation.
(b) General Authority.--[(1) The Secretary of Transportation
may make grants under this section for capital projects and to
finance the planning and improvement costs of equipment,
facilities, and associated capital maintenance items for use in
mass transportation, including the renovation and improvement
of historic transportation facilities with related private
investment. The Secretary may also make grants under this
section to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized area
with a population of less than 200,000.]
(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) Special rule for [fiscal years 2003 and 2004 and for the
period of October 1, 2004, through May 31, 2005] fiscal years
2003 through 2005.--
(A) Increased flexibility.--The Secretary may make
grants under this section, from funds made available to
carry out this section for [fiscal years 2003 and 2004
and for the period of October 1, 2004, through May 31,
2005] fiscal years 2003, 2004, and 2005, to finance the
operating cost of equipment and facilities for use in
[mass] public transportation in an urbanized area with
a population of at least 200,000 as determined under
the 2000 decennial census of population if--
(i) * * *
* * * * * * *
(3) In a transportation management area designated under
[section 5305(a) of this title] chapter 52, amounts that cannot
be used to pay operating expenses under this section also are
available for a highway project if--
(A) that use is approved, in writing, by the
metropolitan planning organization under [section 5303
of this title] chapter 52 after appropriate notice and
an opportunity for comment and appeal is provided to
affected [mass] public transportation providers;
* * * * * * *
(c) Public Participation Requirements.--Each recipient of a
grant shall--
(1) * * *
* * * * * * *
(5) ensure that the proposed program of projects
provides for the coordination of [mass] public
transportation services assisted under section 5336 of
this title with transportation services assisted from
other United States Government sources;
* * * * * * *
(d) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
(1) the recipient, within the time the Secretary
prescribes, submits a final program of projects
prepared under subsection (c) of this section and a
certification for that fiscal year that the recipient
(including a person receiving amounts from a chief
executive officer of a State under this section)--
(A) has or will have the legal, financial,
and technical capacity to carry out the
program, including safety and security aspects
of the program;
* * * * * * *
(H) will comply with [sections 5301(a) and
(d), 5303-5306, and 5310(a)-(d) of this title]
subsections (a) and (d) of section 5301 and
sections 5303 through 5306;
(I) has a locally developed process to
solicit and consider public comment before
raising a fare or carrying out a major
reduction of transportation; [and]
(J)(i) will expend for each fiscal year for
[mass] public transportation security projects,
including increased lighting in or adjacent to
a [mass] public transportation system
(including bus stops, subway stations, parking
lots, and garages), increased camera
surveillance of an area in or adjacent to that
system, providing an emergency telephone line
to contact law enforcement or security
personnel in an area in or adjacent to that
system, and any other project intended to
increase the security and safety of an existing
or planned [mass] public transportation system,
at least one percent of the amount the
recipient receives for each fiscal year under
section 5336 of this title; or
(ii) has decided that the expenditure for
security projects is not necessary; and
(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
(2) the Secretary accepts the certification.
[(e) Government's Share of Costs.--A grant of the Government
for a capital project (including associated capital maintenance
items) under this section is for 80 percent of the net project
cost of the project. A recipient may provide additional local
matching amounts. A grant for operating expenses may not be
more than 50 percent of the net project cost of the project.
The remainder of the net project cost shall be provided in cash
from sources other than amounts of the Government or revenues
from providing mass transportation (excluding revenues derived
from the sale of advertising and concessions that are more than
the amount of those revenues in the fiscal year that ended
September 30, 1985). Transit system amounts that make up the
remainder shall be from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.]
(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) Statewide Operating Assistance.--(1) A State authority
that is a designated recipient and providing [mass] public
transportation in at least 2 urbanized areas may apply for
operating assistance in an amount not more than the amount for
all urbanized areas in which it provides transportation.
* * * * * * *
[(h) Streamlined Administrative Procedures.--The Secretary
shall prescribe streamlined administrative procedures for
complying with the certification requirement under subsection
(d)(1)(B) and (C) of this section for track and signal
equipment used in existing operations.]
[(i)] (h) Reviews, Audits, and Evaluations.--(1)(A) At least
annually, the Secretary [shall] may carry out, or require a
recipient to have carried out independently, reviews and audits
the Secretary considers appropriate to establish whether the
recipient has carried out--
(i) * * *
* * * * * * *
[(j)] (i) Reports.--A recipient (including a person receiving
amounts from a chief executive officer of a State under this
section) shall submit annually to the Secretary a report on the
revenues the recipient derives from the sale of advertising and
concessions.
[(k) Transit Enhancement Activities.--
[(1) In general.--One percent of the funds
apportioned to urbanized areas with a population of at
least 200,000 under section 5336 for a fiscal year
shall be made available for transit enhancement
activities in accordance with section 5302(a)(15).
[(2) Period of availability.--Funds apportioned under
paragraph (1) shall be available for obligation for 3
years following the fiscal year in which the funds are
apportioned. Funds that are not obligated at the end of
such period shall be reapportioned under the urbanized
area formula program of section 5336.
[(3) Report.--A recipient of funds apportioned under
paragraph (1) shall submit, as part of the recipient's
annual certification to the Secretary, a report listing
the projects carried out during the preceding fiscal
year with those funds.]
[(l)] (j) Procurement System Approval.--A recipient may
request the Secretary to approve its procurement system. The
Secretary shall approve the system for use for procurements
financed under section 5336 of this title if, after consulting
with the Administrator for Federal Procurement Policy, the
Secretary decides the system provides for competitive
procurement. Approval of a system under this subsection does
not relieve a recipient of the duty to certify under subsection
(d)(1)(E) of this section.
[(m)] (k) Operating Ferries Outside Urbanized Areas.--A
vessel used in ferryboat operations financed under section 5336
of this title that is part of a State-operated ferry system may
be operated occasionally outside the urbanized area in which
service is provided to accommodate periodic maintenance if
existing ferry service is not reduced significantly by
operating outside the area.
[(n)] (l) Relationship to Other Laws.--[(1) Section 1001 of
title 18 applies to a certificate or submission under this
section. The Secretary may end a grant under this section and
seek reimbursement, directly or by offsetting amounts available
under section 5336 of this title, when a false or fraudulent
statement or related act within the meaning of section 1001 is
made in connection with a certification or submission.]
[(2)] (1) This chapter._Sections 5302, 5318, 5319,
5323 (a)(1), (d), and (f), 5332, and 5333 of this title
apply to this section and to a grant made under this
section. Except as provided in this section, no other
provision of this chapter applies to this section or to
a grant made under this section.
(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.
(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. 5308. Clean fuels formula grant program
[(a) Definitions.--In this section--
[(1) the term ``clean fuel vehicle'' means a vehicle
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) the term ``designated recipient'' has the same
meaning as in section 5307(a)(2); and
[(3) the term ``eligible project''--
[(A) means a project 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;
[(iii) improving existing mass
transportation facilities to
accommodate clean fuel buses;
[(iv) repowering pre-1993 engines
with clean fuel technology that meets
the current urban bus emission
standards; or
[(v) retrofitting or rebuilding pre-
1993 engines if before half life to
rebuild; and
[(B) in the discretion of the Secretary, may
include projects relating to clean fuel,
biodiesel, hybrid electric, or zero emissions
technology vehicles that exhibit equivalent or
superior emissions reductions to existing clean
fuel or hybrid electric technologies.
[(b) Authority.--The Secretary shall make grants in
accordance with this section to designated recipients to
finance eligible projects.
[(c) Application.--
[(1) In general.--Not later than January 1 of each
year, any designated recipient seeking to apply for a
grant under this section for an eligible project shall
submit an application to the Secretary, in such form
and in accordance with such requirements as the
Secretary shall establish by regulation.
[(2) Certification required.--An application
submitted under paragraph (1) shall contain a
certification by the applicant that the grantee will
operate vehicles purchased with a grant under this
section only with clean fuels.
[(d) Apportionment of Funds.--
[(1) Formula.--Not later than February 1 of each
year, the Secretary shall apportion amounts made
available to carry out this section to designated
recipients submitting applications under subsection
(c), of which--
[(A) two-thirds shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of at least
1,000,000, of which--
[(i) 50 percent shall be apportioned,
such that each such designated
recipient receives a grant in an amount
equal to the ratio between--
[(I) the number of vehicles
in the bus fleet of the
eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
[(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
[(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
[(II) the total number of bus
passenger miles of all eligible
projects in areas with a
population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(B) one-third shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of less than
1,000,000, of which--
[(i) 50 percent shall be apportioned,
such that each such designated
recipient receives a grant in an amount
equal to the ratio between--
[(I) the number of vehicles
in the bus fleet of the
eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
[(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
[(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
[(II) the total number of bus
passenger miles of all eligible
projects in areas with a
population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2).
[(2) Weighting of severity of nonattainment.--
[(A) In general.--For purposes of paragraph
(1), subject to subparagraph (B) of this
paragraph, the number of clean fuel vehicles in
the 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 (as that term is
defined in section 101 of title 23) for
ozone or carbon monoxide;
[(ii) 1.1 if, at the time of the
apportionment, the area is classified
as--
[(I) 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.); or
[(II) a marginal carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 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 part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a moderate carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
[(iv) 1.3 if, at the time of the
apportionment, the area is classified
as--
[(I) a serious ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a serious carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
[(v) 1.4 if, at the time of the
apportionment, the area is classified
as--
[(I) a severe ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a severe carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.); or
[(vi) 1.5 if, at the time of the
apportionment, the area is classified
as--
[(I) an extreme ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) an extreme carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.).
[(B) Additional adjustment for carbon
monoxide areas.--If, in addition to being
classified as a nonattainment or maintenance
area (as that term is defined in section 101 of
title 23) for ozone under subpart 2 of part D
of title I of the Clean Air Act (42 U.S.C. 7511
et seq.), the area was also classified under
subpart 3 of part D of title I of that Act (42
U.S.C. 7512 et seq.) as a nonattainment area
for carbon monoxide, the weighted nonattainment
or maintenance area fleet and passenger miles
for the eligible project, as calculated under
subparagraph (A), shall be further multiplied
by a factor of 1.2.
[(3) Maximum grant amount.--
[(A) In general.--The amount of a grant made
to a designated recipient under this section
shall not exceed the lesser of--
[(i) for an eligible project in an
area--
[(I) with a population of
less than 1,000,000,
$15,000,000; and
[(II) with a population of at
least 1,000,000, $25,000,000;
or
[(ii) 80 percent of the total cost of
the eligible project.
[(B) Reapportionment.--Any amounts that would
otherwise be apportioned to a designated
recipient under this subsection that exceed the
amount described in subparagraph (A) shall be
reapportioned among other designated recipients
in accordance with paragraph (1).
[(e) Additional Requirements.--
[(1) Limitation on uses.--Not less than 5 percent of
the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this
section shall be available for any eligible projects
for which an application is received from a designated
recipient, for--
[(A) the purchase or construction of hybrid
electric or battery-powered buses; or
[(B) facilities specifically designed to
service those buses.
[(2) 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.
[(3) Bus retrofitting and replacement.--Not more than
5 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
retrofitting or replacement of the engines of buses
that do not meet the clean air standards of the
Environmental Protection Agency, as in effect on the
date on which the application for such retrofitting or
replacement is submitted under subsection (c)(1).
[(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. 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) constructing new or 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 (4)(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--
(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 a moderate ozone nonattainment area
under subpart 2 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;
(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. 5309. Capital investment grants and loans]
Sec. 5309. Capital investment grants
(a) General Authority.--(1) The Secretary of Transportation
may make grants [and loans] under this section to assist State
and local governmental authorities in financing--
(A) * * *
(B) capital projects, including property and
improvements (except public highways other than fixed
guideway facilities), needed for an efficient and
coordinated [mass] public transportation system;
(C) the capital costs of coordinating [mass] public
transportation with other transportation;
(D) the introduction of new technology, through
innovative and improved products, into [mass] public
transportation;
* * * * * * *
(G) [mass] public transportation projects planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities;
and
(H) the development of corridors to support fixed
guideway systems, including protecting rights of way
through acquisition, construction of dedicated bus and
high occupancy vehicle lanes and park and ride lots,
and other nonvehicular capitalimprovements that the
Secretary may decide would result in increased [mass] public
transportation usage in the corridor.
(2) The Secretary of Transportation shall require that all
grants [and loans] under this subsection be subject to all
terms, conditions, requirements, and provisions the Secretary
decides are necessary or appropriate for the 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.
[(b) Loans for Real Property Interests.--(1) The Secretary of
Transportation may make loans under this section to State and
local governmental authorities to acquire interests in real
property for use on urban mass transportation systems as rights
of way, station sites, and related purposes, including
reconstruction, renovation, the net cost of property
management, and relocation payments made under section 5324(a)
of this title.
[(2) The Secretary of Transportation may make a loan under
paragraph (1) of this subsection for an approved project only
after finding that the property reasonably is expected to be
required for a mass transportation system and that it will be
used for that system within a reasonable time.
[(3) An applicant for a loan under this subsection shall
provide a copy of the application to the planning agency for
the community affected by the project at the same time the
application is submitted to the Secretary of Transportation. If
the planning agency submits comments to the Secretary not later
than 30 days after the application is submitted, or, if the
agency requests more time within those 30 days, within a period
the Secretary establishes, the Secretary shall consider those
comments before taking final action on the application.
[(4) A loan agreement under this subsection shall provide
that a capital project on the property will be started not
later than 10 years after the fiscal year in which the
agreement is made. If an interest in property acquired under
this subsection is not used for the purpose for which it was
acquired, an appraisal of the current value of the property or
interest shall be made when a decision is made about the use.
The decision shall be made within the 10-year period. Two-
thirds of the increase in value shall be paid to the Secretary
of Transportation for deposit in the Treasury as miscellaneous
receipts.
[(5) A loan under this subsection must be repaid not later
than 10 years after the date of the loan agreement or on the
date a grant agreement for a capital project on the property is
made, whichever is earlier. Payments made to repay the loan
shall be deposited in the Treasury as miscellaneous receipts.
[(c) [Reserved.]]
[(d)] (b) Project as Part of Approved Program of Projects.--
[Except as provided in subsections (b)(2) and (e) of this
section, the] The Secretary of Transportation may approve a
grant [or loan] for a project under this section only after
finding that the project is part of the approved program of
projects required under sections 5303-5306 of this title and
that an applicant--
(1) * * *
* * * * * * *
[(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--
[(1) In general.--The Secretary may approve a grant
or loan under this section for a capital project for a
new fixed guideway system or extension of an existing
fixed guideway system only if the Secretary determines
that the proposed project 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, and
operating efficiencies; 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.
[(2) Alternatives analysis and preliminary
engineering.--In evaluating a project under paragraph
(1)(A), the Secretary shall analyze and consider the
results of the alternatives analysis and preliminary
engineering for the project.
[(3) Project justification.--In evaluating a project
under paragraph (1)(B), the Secretary shall--
[(A) consider the direct and indirect costs
of relevant alternatives;
[(B) 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;
[(C) identify and consider mass
transportation supportive existing land use
policies and future patterns, and the cost of
suburban sprawl;
[(D) consider the degree to which the project
increases the mobility of the mass
transportation dependent population or promotes
economic development;
[(E) consider population density and current
transit ridership in the corridor;
[(F) consider the technical capability of the
grant recipient to construct the project;
[(G) adjust the project justification to
reflect differences in local land,
construction, and operating costs; and
[(H) consider other factors that the
Secretary determines appropriate to carry out
this chapter.
[(4) Local financial commitment.--
[(A) Evaluation of project.--In evaluating a
project under paragraph (1)(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 mass
transportation system (including
essential feeder bus and other services
necessary to achieve the projected
ridership levels) without requiring a
reduction in existing mass
transportation services to operate the
proposed project.
[(B) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of local financing under
subparagraph (A), 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 mass
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.
[(5) Regulations.--Not later than 120 days after the
date of enactment of the Federal Transit Act of 1998,
the Secretary shall issue regulations on the manner in
which the Secretary will evaluate and rate the projects
based on the results of alternatives analysis, project
justification, and the degree of local financial
commitment, as required under this subsection.
[(6) Project evaluation and rating.--A proposed
project 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 such
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 under the regulations
issued under paragraph (5).
[(7) Full funding grant agreement.--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 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.
[(8) Limitations on applicability.--
[(A) Projects with a section 5309 federal
share of less than $25,000,000.--A project for
a new fixed guideway system or extension of an
existing fixed guideway system is not subject
to the requirements of this subsection, and the
simultaneous evaluation of similar projects in
at least 2 corridors in a metropolitan area may
not be limited, if the assistance provided
under this section with respect to the project
is less than $25,000,000.
[(B) Projects in nonattainment areas.--The
simultaneous evaluation of projects in at least
2 corridors in a metropolitan area may not be
limited and the Secretary shall make decisions
under this subsection with expedited procedures
that will promote carrying out an approved
State Implementation Plan in a timely way if a
project is--
[(i) located in a nonattainment area;
[(ii) a transportation control
measure (as defined by the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
[(iii) required to carry out the
State Implementation Plan.
[(C) Projects financed with highway funds.--
This subsection does not apply to a part of a
project financed completely with amounts made
available from the Highway Trust Fund (other
than the Mass Transit Account).
[(D) Previously issued letter of intent or
full funding grant agreement.--This subsection
does 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
Transit Act of 1998.
[(f) [Reserved.]
[(g) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--(1)(A) The Secretary of
Transportation 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.
The amount shall be sufficient to complete at least an operable
segment when a letter is issued for a fixed guideway project.
[(B) At least 60 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary of Transportation 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
and the House and Senate Committees on Appropriations 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) 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 or an administrative commitment.
[(D) An obligation or administrative commitment may be made
only when amounts are appropriated.
[(2)(A) The Secretary of Transportation may make 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 law of the United
States.
[(B) 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 of Transportation, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms. 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)(A) The Secretary of Transportation 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) 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 of Transportation decides are
appropriate to make efficient, long-term project management
easier. A work agreement shall cover the period of time the
Secretary considers appropriate. The period may extend beyond
the period of current authorization. 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. 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)(A) 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 may be not
more than the greater of the amount authorized under section
5338(b) of this title for new fixed guideway systems and
extensions to existing fixed guideway systems and the amount
appropriated under section 5338(h)(5) or an amount equivalent
to the last 2 fiscal years of funding authorized under section
5338(b) for new fixed guideway systems and extensions to
existing fixed guideway systems, less an amount the Secretary
of Transportation 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 and early systems work agreements
may be not more than a limitation specified in law.
[(B) For fiscal year 2001 and thereafter, the amount
equivalent to the last 2 fiscal years of funding authorized
under section 5338(b) for new fixed guideway systems and
extensions to existing fixed guideway systems referred to in
subparagraph (A) shall be the amount equivalent to the last 3
fiscal years of such authorized funding.
[(C) Any increase in 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 as a result of application of subparagraph (B)
instead of subparagraph (A) shall be available as follows:
[(1) $269,100,000 for the Chicago, Illinois Metra
commuter rail project, that consists of the following
elements: the Kane County extension; the North Central
double-tracking project; and the Southwest corridor
extension.
[(2) $565,600,000 for the Chicago Transit Authority
project that consists of the following elements:
Ravenswood Branch station and line improvements and the
Douglas Branch reconstruction project.
[(3) For new fixed guideways and extensions to
existing fixed guideway systems other than for projects
referred to in paragraphs (1) and (2); except that for
fiscal year 2001, such increase under this paragraph
shall not be available for allocation by the department
or for making future obligations of the Government and
contingent commitments until April 1, 2001.
[(D) Of the amount that would be available under subparagraph
(A) if subparagraph (B) were not in effect and would have
otherwise been allocated by the Federal Transit Administration
to those projects referred to in subparagraphs (C)(1) and
(C)(2) shall be available as follows:
[(1) $60,000,000 for the Minneapolis Hiawatha
corridor light rail project, which shall be in addition
to amounts otherwise allocated under subparagraph (A),
for a total of $334,300,000.
[(2) $217,800,000 for the Dulles corridor bus rapid
transit project, that consists of a rail extension from
the West Falls Church metrorail station to Tysons
Corner, Virginia and bus rapid transit from Tysons
Corner to the Dulles International Airport.
[(E) Any amount that would be available under subparagraph
(A) if subparagraph (B) were not in effect and would have
otherwise been allocated by the Federal Transit Administration
to those projects referred to in subparagraphs (C)(1) and
(C)(2), shall not be available for allocation by the department
or for making future obligations of the Government and
contingent commitments until April 1, 2001, except for those
projects referred to in subparagraph (D)(1) and (D)(2).
[(F) 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 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
the Intermodal Surface Transportation Efficiency Act of 1991.
[(G) Any amount that would be available under subparagraph
(A) if subparagraph (F) were not in effect and would otherwise
have been allocated by the Federal Transit Administration to
the project in subparagraph (F) shall not be available for
allocation by the department or for making future obligations
of the Government and contingent commitments until April 1,
2001.
[(h) Government's Share of Net Project Cost.--Based on
engineering studies, studies of economic feasibility, and
information on the expected use of equipment or facilities, the
Secretary of Transportation shall estimate the net project
cost. A grant for the project is for 80 percent of the net
project cost, unless the grant recipient requests a lower grant
percentage. The remainder shall be provided in cash from a
source other than amounts of the Government. Transit system
amounts that make up the remainder must be from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital. The remainder for 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.
[(i) Loan Term Requirements.--Except for a loan under
subsection (b) of this section, a loan, including a renewal or
extension of the loan, may be made, and a security or
obligation may be bought, only if it has a maturity date of not
more than 40 years. Interest on a loan may not be less than--
[(1) a rate the Secretary of the Treasury
establishes, considering the current average yield on
outstanding marketable obligations of the Government
that have remaining periods of maturity comparable to
the average maturity of the loan, adjusted to the
nearest .125 percent; plus
[(2) an allowance the Secretary of Transportation
considers adequate to cover administrative costs and
probable losses.
[(j) Loan Payment Forgiveness.--A grant agreement for a
capital project may forgive repaying the loan and interest in
place of a cash grant for the amount forgiven. The amount is
part of the grant and part of the contribution of the
Government to the cost of the project.
[(k) Limitation on Making Loans and Grants for Projects.--The
Secretary of Transportation may not make a loan under this
section for a project for which a grant (except a relocation
payment grant) is made under this section. However, the
Secretary may make a project grant even though real property
for the project has been or will be acquired through a loan
under subsection (b) of this section.
[(l) Fiscal Capacity Considerations.--If the Secretary of
Transportation gives priority consideration to financing
projects that include more than the non-Government share
required under subsection (h) of this section, the Secretary
shall give equal consideration to differences in the fiscal
capacity of State and local governments.
[(m) Allocating Amounts.--
[(1) In general.--Of the amounts made available by or
appropriated under section 5338(b) for grants and loans
under this section for each of fiscal years 1998
through 2004 and for the period of October 1, 2004,
through May 31, 2005--
[(A) 40 percent shall be available for fixed
guideway modernization, except for fiscal year
2004 during which $1,206,506,000 will be
available;
[(B) 40 percent shall be available for
capital projects for new fixed guideway systems
and extensions to existing fixed guideway
systems, except for fiscal year 2004 during
which $1,323,794,000 will be available; and
[(C) 20 percent shall be available to
replace, rehabilitate, and purchase buses and
related equipment and to construct bus-related
facilities, except for fiscal year 2004 during
which $607,200,000 will be available;.
[(2) New fixed guideway grants.--
[(A) Limitation on amounts available for
activities other than final design and
construction.--Not more than 8 percent of the
amounts made available in each fiscal year by
paragraph (1)(B) shall be available for
activities other than final design and
construction.
[(B) Funding for ferry boat systems.--
[(i) Amounts under (1)(b).--Of the
amounts made available under paragraph
(1)(B), $10,400,000 shall be available
in each of fiscal years 1999 through
2004 for capital projects in Alaska or
Hawaii, for new fixed guideway systems
and extensions to existing fixed
guideway systems that are ferry boats
or ferry terminal facilities, or that
are approaches to ferry terminal
facilities.
[(ii) Amounts under 5338(h)(5).--Of
the amounts appropriated under section
5338(h)(5), $3,600,000 shall be
available in each of fiscal years 1999
through 2003 for capital projects in
Alaska or Hawaii, for new fixed
guideway systems and extensions to
existing fixed guideway systems that
are ferry boats or ferry terminal
facilities, or that are approaches to
ferry terminal facilities.
[(iii) October 1, 2004 through May
31, 2005.--Of the amounts made
available under paragraph (1)(B),
$6,933,333 shall be available for the
period of October 1, 2004, through May
31, 2005, for capital projects
described in clause (i).
[(3) Bus and bus facility grants.--
[(A) Consideration.--In making grants under
paragraph (1)(C), the Secretary shall consider
the age of buses, bus fleets, related
equipment, and bus-related facilities.
[(B) Funding for bus testing facility.--Of
the amounts made available under paragraph
(1)(C), $3,000,000 shall be available in each
of fiscal years 1998 through 2004 (and
$2,000,000 shall be available for the period
October 1, 2004, through May 31, 2005) to carry
out section 5318.
[(C) Funding for clean fuels.--Of the amounts
made available under paragraph (1)(C),
$50,000,000 shall be available in each of
fiscal years 1999 through 2004 (and $50,000,000
shall be transferred to and administered under
section 5309 for buses and bus facilities for
fiscal year 2004), and $33,333,333 shall be
available for the period October 1, 2004,
through May 31, 2005, to carry out section
5308.
[(D) Other than urbanized areas.--Of amounts
made available by paragraph (1)(C), not less
than 5.5 percent shall be available in each
fiscal year for other than urbanized areas.
[(4) Eligibility for assistance for multiple
projects.--A person applying for or receiving
assistance for a project described in subparagraph (A),
(B), or (C) of paragraph (1) may receive assistance for
a project described in any other of such subparagraphs.
[(n) Undertaking Projects in Advance.--(1) The Secretary of
Transportation may pay the Government's share of the net
project cost to a State or local governmental authority that
carries out any part of a project described in this section or
a substitute transit project described in section 103(e)(4) of
title 23 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 or section 103(e)(4) of title 23.
[(2) 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. However, 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. The applicant shall certify,
in a manner satisfactory to the Secretary of Transportation,
that the applicant has shown reasonable diligence in seeking
the most favorable financial terms.
[(3) The Secretary of Transportation shall consider changes
in capital project cost indices when determining the estimated
cost under paragraph (2) of this subsection.
[(o) Use of Deobligated Amounts.--
[An amount available under this section that is deobligated
may be used for any purpose under this section.
[(o) Reports.--
[(1) Funding levels and allocations of funds for
fixed guideway systems.--
[(A) 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 Banking,
Housing, and Urban Affairs of the Senate a
report that includes a proposal on the
allocation of amounts to be made available to
finance grants and loans for capital projects
for new fixed guideway systems and extensions
to existing fixed guideway systems among
applicants for those amounts.
[(B) Recommendations on funding.--The annual
report under this paragraph shall include
evaluations and ratings, as required under
subsection (e), for each project that is
authorized or has received funds under this
section since the date of enactment of the
Federal Transit Act of 1998 or October 1 of the
preceding fiscal year, whichever date is
earlier. 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.
[(2) Supplemental report on new starts.--The
Secretary shall submit a report to Congress on the 31st
day of August of each year that describes the
Secretary's evaluation and rating of each project that
has completed alternatives analysis or preliminary
engineering since the date of the last report. The
report shall include all relevant information that
supports the evaluation and rating of each project,
including a summary of each project's financial plan.
[(3) Annual GAO review.--The Government
Accountability Office shall--
[(A) conduct an annual review of--
[(i) the processes and procedures for
evaluating and rating projects and
recommending projects; and
[(ii) the Secretary's implementation
of such processes and procedures; and
[(B) shall report to Congress on the results
of such review by April 30 of each year.
[(p) Project Defined.--In this section, the term ``project''
means, with respect to a new fixed guideway system or extension
to an existing fixed guideway system, a minimum operable
segment of the project.]
(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, and 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.
(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. A new fixed
guideway capital project is not subject to the
requirements of this subsection if the assistance
provided under this section with respect to the project
is less than $25,000,000.
(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 2005, 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 2005.
Subsection (d) also does not apply to projects for which the
Secretary has received an application for final design before
such date of enactment.
(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
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 2005.
(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 2005; 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.--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.
(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.--The total amount of funds made
available by or appropriated under section 5338(b) for
fiscal year 2004 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. Of the amounts made
available under paragraphs (1)(C) and (2)(B)(iii),
$10,000,000 shall be available in each of fiscal years
2005 through 2009 for ferry boats or ferry terminal
facilities.
(4) 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 2005:
(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.
(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.
[Sec. 5310. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities
[(a) General Authority.--The Secretary of Transportation may
make grants and loans to--
[(1) State and local governmental authorities to help
them provide mass transportation service planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities;
and
[(2) the chief executive officer of each State for
allocation to--
[(A) private nonprofit corporations and
associations to help them provide that
transportation service when the transportation
service provided under clause (1) of this
subsection is unavailable, insufficient, or
inappropriate; or
[(B) governmental authorities--
[(i) approved by the State to
coordinate services for elderly
individuals and individuals with
disabilities; or
[(ii) that certify to the chief
executive officer that no nonprofit
corporation or association readily is
available in an area to provide service
under this subsection.
[(b) Apportioning and Transferring Amounts.--The Secretary
shall apportion amounts made available under section 5338(a) of
this title under a formula the Secretary administers that
considers the number of elderly individuals and individuals
with disabilities in each State. 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 chief executive officer of
the State for transfer to supplement amounts apportioned to the
State under section 5311(c) or 5336(a)(1) of this title.
[(c) State Program of Projects.--Amounts made available for
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. 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 United States
Government sources.
[(d) Eligible Capital Expenses.--A recipient of amounts under
this section may include acquiring transportation services as
an eligible capital expense.
[(e) Application of Section 5309.--(1) A grant or loan under
subsection (a)(1) of this section is subject to all
requirements of a grant or loan under section 5309 of this
title, and is deemed to have been made under section 5309.
[(2) A grant or loan under subsection (a)(2) of this section
is subject to requirements similar to those under paragraph (1)
of this subsection to the extent the Secretary considers
appropriate.
[(f) Minimum Requirements and Procedures for Recipients.--In
carrying out section 5301(d) of this title, section 165(b) of
the Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 Stat.
282), and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) (consistent with Government-wide standards to carry
out section 504), the Secretary shall prescribe regulations
establishing minimum criteria a recipient of Government
financial assistance under this chapter or a law referred to in
section 165(b) shall comply with in providing mass
transportation service to elderly individuals and individuals
with disabilities and procedures for the Secretary to monitor
compliance with the criteria. The regulations shall include
provisions for ensuring that organizations and groups
representing elderly individuals and individuals with
disabilities are given adequate notice of, and an opportunity
to comment on, the proposed activity of a recipient to achieve
compliance with the regulations.
[(g) Leasing Vehicles.--The Secretary shall prescribe
guidelines allowing vehicles bought under this section to be
leased to local governmental authorities to improve
transportation services designed to meet the special needs of
elderly individuals and individuals with disabilities.]
Sec. 5310. Formula grants for special needs of elderly individuals and
individuals with disabilities
(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.--Beginning in
fiscal year 2007, 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.
[(h)] (g) Meal Delivery Service to Homebound Individuals.--
[Mass] Public transportation service providers receiving
assistance under this section or section 5311(c) of this title
may coordinate and assist in regularly providing meal delivery
service for homebound individuals if the delivery service does
not conflict with providing [mass] public transportation
service or reduce service to [mass] public transportation
passengers.
[(i)] (h) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a State
may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
[(j)] (i) Fares Not Required.--This chapter does not require
that elderly individuals and individuals with disabilities be
charged a fare.
Sec. 5311. Formula grants for other than urbanized areas
[(a) Definition.--In this section, ``recipient'' includes a
State authority, a local governmental authority, a nonprofit
organization, and an operator of mass transportation service.
[(b) General Authority.--(1) The Secretary of Transportation
may make grants for transportation projects that are included
in a State program of mass transportation service projects
(including service agreements with private providers of mass
transportation service) for areas other than urbanized areas.
The program shall be submitted annually to the Secretary. 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 mass transportation service assisted under this
section with transportation service assisted by other United
States Government sources.
[(2) The Secretary of Transportation shall carry out a rural
transportation assistance program in nonurbanized areas. In
carrying out this paragraph, the Secretary may make grants and
contracts for transportation research, technical assistance,
training, and related support services in nonurbanized areas.
[(c) Apportioning Amounts.--The Secretary of Transportation
shall apportion amounts made available under section 5338(a) of
this title so that the chief executive officer of each State
receives an amount equal to the total amount apportioned
multiplied by a ratio equal to the population of areas other
than urbanized areas in a State divided by the population of
all areas other than urbanized areas in the United States, as
shown by the most recent of the following: the latest
Government census, the population estimate the Secretary of
Commerce prepares after the 4th year after the date the latest
census is published, or the population estimate the Secretary
of Commerce prepares after the 8th year after the date the
latest census is published. The amount may be obligated by the
chief executive officer for 2 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.]
(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.--
(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.--
(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
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.
* * * * * * *
(e) Use for Administration, Planning, and Technical
Assistance.--[(1)] The Secretary of Transportation may allow a
State to use not more than 15 percent of the amount apportioned
under this section to administer this section and provide
technical assistance to a [recipient] subrecipient, including
project planning, program and management development,
coordination of [mass] public transportation programs, and
research the State considers appropriate to promote effective
delivery of [mass] public transportation to an area other than
an urbanized area.
[(2) Except as provided in this section, 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.]
(f) Intercity Bus Transportation.--(1) A State shall expend
at least 15 percent of the amount made available in each fiscal
year [after September 30, 1993,] to carry out a program to
develop and support intercity bus transportation. Eligible
activities under the program include--
(A) * * *
* * * * * * *
(E) coordinating rural connections between small
[mass] public transportation operations and intercity
bus carriers.
(2) [A State] After consultation with affected intercity bus
service providers, a State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
chief executive officer of the State certifies to the Secretary
of Transportation that the intercity bus service needs of the
State are being met adequately.
[(g) Government's Share of Costs.--(1) In this subsection,
``amounts of the Government or revenues'' do not include
amounts received under a service agreement with a State or
local social service agency or a private social service
organization.
[(2) A grant of the Government for a capital project under
this section may not be more than 80 percent of the net cost of
the project, as determined by the Secretary of Transportation.
A grant to pay a subsidy for operating expenses may not be more
than 50 percent of the net cost of the operating expense
project. At least 50 percent of the remainder shall be provided
in cash from sources other than amounts of the Government or
revenues from providing mass transportation. Transit system
amounts that make up the remainder shall be from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital.
[(h) Amounts for Operating Assistance.--An amount made
available under this section may be used for operating
assistance.]
(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.
[(i)] (h) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a State
may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
[(j)] (i) Relationship to Other Laws.--(1) Sections
5323(a)(1)(D) and 5333(b) of this title apply to this section
but the Secretary of Labor may waive the application of section
5333(b).
* * * * * * *
[Sec. 5312. Research, development, demonstration, and training
projects]
Sec. 5312. Research, development, demonstration, and deployment
projects
(a) Research, Development, and Demonstration Projects.--The
Secretary of Transportation [(or the Secretary of Housing and
Urban Development when required by section 5334(i) of this
title)] may undertake, or make grants [or contracts],
contracts, cooperative agreements, or other transactions
(including agreements with departments, agencies, and
instrumentalities of the United States Government) for,
research, development, [and demonstration projects],
demonstration or deployment projects, or evaluation of
technology of national significance related to [urban mass]
public transportation that the Secretary decides will [help
reduce urban transportation needs, improve mass transportation
service,] improve transportation service or help [mass] public
transportation service meet the total [urban] transportation
needs at a minimum cost. The Secretary may request and receive
appropriate information from any source. This subsection does
not limit the authority of the Secretary under another law.
[(b) Research, Investigations, and Training.--(1) The
Secretary of Transportation (or the Secretary of Housing and
Urban Development when required by section 5334(i) of this
title) may make grants to nonprofit institutions of higher
learning--
[(A) to conduct competent research and investigations
into the theoretical or practical problems of urban
transportation; and
[(B) to train individuals to conduct further research
or obtain employment in an organization that plans,
builds, operates, or manages an urban transportation
system.
[(2) Research and investigations under this subsection
include--
[(A) the design and use of urban mass transportation
systems and urban roads and highways;
[(B) the interrelationship between various modes of
urban and interurban 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 urban transportation.
[(3) When making a grant under this subsection, the
appropriate Secretary shall give preference to an institution
that brings together knowledge and expertise in the various
social science and technical disciplines related to urban
transportation problems.
[(c) Training Fellowships and Innovative Techniques and
Methods.--(1) The Secretary of Transportation may make grants
to States, local governmental authorities, and operators of
mass transportation systems to provide fellowships to train
personnel employed in managerial, technical, and professional
positions in the mass transportation field.
[(2) The Secretary of Transportation may make grants to State
and local governmental authorities for projects that will use
innovative techniques and methods in managing and providing
mass transportation.
[(3) 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 mass transportation industry. 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 mass
transportation operation. A grant for a fellowship may not be
more than the lesser of $24,000 or 75 percent of--
[(A) tuition and other charges to the fellowship
recipient;
[(B) additional costs incurred by the training
institution and billed to the grant recipient; and
[(C) 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.]
[(d)] (b) Joint Partnership Program for Deployment of
Innovation.--
(1) Definition of consortium.--In this subsection,
the term ``consortium''--
(A) means 1 or more public or private
organizations located in the United States that
provide [mass] public transportation service to
the public and 1 or more businesses, including
small- and medium-sized businesses,
incorporated in a State, offering goods or
services or willing to offer goods and services
to [mass] public transportation operators; and
(B) may include, as additional members,
public or private research organizations
located in the United States, or State or local
governmental authorities.
(2) General authority.--The Secretary may, under
terms and conditions that the Secretary prescribes,
enter into grants, contracts, cooperative agreements,
and [other agreements] other transactions with
consortia selected in accordance with paragraph (4), to
promote the early deployment of innovation in [mass]
public transportation services, management, operational
practices, or technology that has broad applicability.
This paragraph shall be carried out in consultation
with the transit industry by competitively selected
consortia that will share costs, risks, and rewards of
early deployment of innovation.
* * * * * * *
[(e)] (c) International Mass Transportation Program.--
(1) Activities.--The Secretary is authorized to
engage in activities to inform the United States
domestic [mass] public transportation community about
technological innovations available in the
international marketplace and activities that may
afford domestic businesses the opportunity to become
globally competitive in the export of [mass] public
transportation products and services. Such activities
may include--
(A) development, monitoring, assessment, and
dissemination domestically of information about
worldwide [mass] public transportation market
opportunities;
(B) cooperation with foreign public sector
entities in research, development,
demonstration, training, and other forms of
technology transfer and exchange of experts and
information;
(C) advocacy, in international [mass] public
transportation markets, of firms, products, and
services available from the United States;
(D) informing the international market about
the technical quality of [mass] public
transportation products and services through
participation in seminars, expositions, and
similar activities; and
(E) offering those Federal Transit
Administration technical services which cannot
be readily obtained from the United States
private sector to foreign public authorities
planning or undertaking [mass] public
transportation projects if the cost of these
services will be recovered under the terms of
each project.
(2) Cooperation.--The Secretary may carry out
activities under this subsection in cooperation with
other Federal agencies, State or local agencies,
[public and] public or private nonprofit institutions,
government laboratories, foreign governments, or any
other organization the Secretary determines is
appropriate.
* * * * * * *
[Sec. 5313. State planning and research programs]
Sec. 5313. Cooperative research program
(a) Cooperative Research Program.--[(1) The amounts made
available under paragraphs (1) and (2)(C)(ii) of section
5338(d) of this title] The amounts made available under
paragraphs (1)(C)(iv) and (2)(C) of section 5338(d) are
available for a [mass] public transportation cooperative
research program. The Secretary of Transportation shall
establish an independent governing board for the program. The
board shall recommend [mass] public transportation research,
development, and technology transfer activities the Secretary
considers appropriate.
[(2) The] (b) Federal Assistance.--The Secretary may make
grants to, and cooperative agreements with, the National
Academy of Sciences to carry out activities under this
subsection that the Secretary decides are appropriate.
[(b) State Planning and Research.--(1) The amounts made
available under paragraphs (1) and (2)(C)(ii) of section
5338(c) of this title shall be apportioned to States for grants
and contracts consistent with the purposes of sections 5303-
5306, 5312, 5315, 5317, and 5322 of this title. The amounts
shall be apportioned so that each State receives an amount
equal to the population in urbanized areas in the State,
divided by the population in urbanized areas in all States, as
shown by the latest available decennial census. However, a
State must receive at least .5 percent of the amount
apportioned under this subsection.
[(2) A State, as the State considers appropriate, may
authorize part of the amount made available under this
subsection to be used to supplement amounts available under
subsection (a) of this section.
[(3) An amount apportioned under this subsection--
[(A) remains available for 3 years after the fiscal
year in which the amount is apportioned; and
[(B) that is unobligated at the end of the 3-year
period shall be reapportioned among the States for the
next fiscal year.]
(c) Government's Share.--When there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under [subsection (a) of] this section, the Secretary
shall establish a United States Government share consistent
with the benefit.
[Sec. 5314. National planning and research programs]
Sec. 5314. National research and technology programs
(a) Program.--(1) The amounts made available under
[subsections (d) and (h)(7) of section 5338 of this title]
section 5338(d) are available to the Secretary of
Transportation for grants [and contracts], contracts,
cooperative agreements, or other transactions for the purposes
of sections [5303-5306,] 5312, 5315, [5317,] and 5322 of this
title, as the Secretary considers appropriate.
(2) [Of the amounts made available under paragraph (1) of
this subsection, the Secretary shall make available at least
$3,000,000 to] The Secretary shall provide [mass] public
transportation-related technical assistance, demonstration
programs, research, public education, and other activities the
Secretary considers appropriate to help [mass] public
transportation providers comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the
extent practicable, the Secretary shall carry out this
paragraph through a contract with a national nonprofit
organization serving individuals with disabilities that has a
demonstrated capacity to carry out the activities.
* * * * * * *
(4)(A) The Secretary may undertake a program of [mass] public
transportation technology development in coordination with
affected entities.
[(B) The Secretary shall establish an Industry Technical
Panel composed of representatives of transportation suppliers
and operators and others involved in technology development. A
majority of the Panel members shall represent the supply
industry. The Panel shall assist the Secretary in identifying
priority technology development areas and in establishing
guidelines for project development, project cost sharing, and
project execution.]
[(C)] (B) The Secretary shall develop guidelines for cost
sharing in technology development projects financed under this
paragraph. The guidelines shall be flexible and reflect the
extent of technical risk, market risk, and anticipated supplier
benefits and payback periods.
* * * * * * *
(b) Government's Share.--When there would be a clear and
direct financial benefit to an entity under a grant [or
contract financed under subsection (a) of this section,],
contract, cooperative agreement, or other transaction under
subsection (a) or section 5312, the Secretary shall establish a
United States Government share consistent with the benefit.
Sec. 5315. National transit institute
(a) Establishment and Duties.--The Secretary of
Transportation shall make grants to Rutgers University to
establish a national transit institute. In cooperation with the
Federal Transit Administration, State transportation
departments, public [mass] transportation authorities, and
national and international entities, the institute shall
develop and conduct training programs of instruction for United
States Government, State, and local transportation employees,
United States citizens, and foreign nationals engaged or to be
engaged in Government-aid mass transportation work. The
programs may include courses in recent developments,
techniques, and procedures related to--
(1) * * *
* * * * * * *
(d) Availability of Amounts.--Not more than .5 percent of the
amounts made available for a fiscal year beginning after
September 30, 1991, to a State or public [mass] transportation
authority in the State to carry out sections 5307 and 5309 of
this title is available for expenditure by the State and public
[mass] transportation authorities in the State, with the
approval of the Secretary, to pay not more than 80 percent of
the cost of tuition and direct educational expenses related to
educating and training State and local transportation employees
under this section.
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 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 2005, 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 2005, 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).
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 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 or fewer
persons per square mile in other than
urbanized areas of the State, 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 or fewer
persons per square mile in other than
urbanized areas of the State, 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 2005), 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.--Beginning in
fiscal year 2007, 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.
Sec. 5318. Bus testing facility
[(a) Establishment.--The Secretary of Transportation shall
establish one facility for testing a new bus model for
maintainability, reliability, safety, performance (including
braking performance), structural integrity, fuel economy,
emissions, and noise. The facility shall be established by
renovating a facility built with assistance of the United
States Government to train rail personnel.]
(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.
(b) Operation and Maintenance.--The Secretary shall enter
into a contract or cooperative agreement with, or make a grant
to, a qualified person or organization to operate and maintain
the facility. The contract, cooperative agreement, or grant may
provide for the testing of rail cars and other [mass] public
transportation vehicles at the facility.
* * * * * * *
(d) Availability of Amounts To Pay for Testing.--The
Secretary shall enter into a contract or cooperative agreement
with, or make a grant to, the operator of the facility under
which the Secretary shall pay 80 percent of the cost of testing
a vehicle at the facility from amounts available [under section
5309(m)(1)(C) of this title] to carry out this section. The
entity having the vehicle tested shall pay 20 percent of the
cost.
[(e) Revolving Loan Fund.--The Secretary has a bus testing
revolving loan fund consisting of amounts authorized for the
fund under section 317(b)(5) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987. The Secretary shall
make available as repayable advances from the fund to the
person operating and maintaining the facility amounts to
operate and maintain the facility.]
(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).
Sec. 5319. Bicycle facilities
A project to provide access for bicycles to [mass] public
transportation facilities, to provide shelters and parking
facilities for bicycles in or around [mass] public
transportation facilities, or to install equipment for
transporting bicycles on [mass] public transportation vehicles
is a capital project eligible for assistance under sections
5307, 5309, [and 5311] 5311, and 5320 of this title.
Notwithstanding sections 5307(e), [5309(h),] 5309(g), and
5311(g) of this title, a grant of the United States Government
under this chapter for a project made eligible by this section
is for 90 percent of the cost of the project, except that, if
the grant or any portion of the grant is made with funds
required to be expended under section 5307(k) and the project
involves providing bicycle access to [mass] public
transportation, that grant or portion of that grant shall be at
a Federal share of 95 percent.
[Sec. 5320. Suspended light rail system technology pilot project
[(a) Purpose.--The purpose of this section is to provide for
the construction by a public entity of a suspended light rail
system technology pilot project--
[(1) to assess the state of new technology for a
suspended light rail system; and
[(2) to establish the feasibility, costs, and
benefits of using the system to transport passengers.
[(b) General Requirements.--The project shall--
[(1) use new rail technology with individual vehicles
on a prefabricated elevated steel guideway;
[(2) be stability-seeking with a center of gravity
for the detachable passenger vehicles located below the
point of wheel-rail contact; and
[(3) use vehicles that are driven by overhead bogies
with high efficiency, low maintenance electric motors
for each wheel, operating in a slightly sloped plane
from vertical for the wheels and the running rails, to
further increase stability, acceleration, and braking
performance.
[(c) Competition.--(1) The Secretary of Transportation shall
conduct a national competition to select a public entity with
which to make a full funding grant agreement to construct the
project. Not later than April 16, 1992, the Secretary shall
select 3 public entities to be finalists in the competition. In
conducting the competition and selecting public entities, the
Secretary shall consider--
[(A) the public entity's demonstrated understanding
and knowledge of the project and its technical,
managerial, and financial capacity to construct,
manage, and operate the project; and
[(B) maximizing potential contributions to the cost
of the project by State, local, and private sector
entities, including donation of in-kind services and
materials.
[(2) The Secretary shall award a grant to each finalist to be
used to participate in the final phase of the competition under
procedures the Secretary prescribes. A grant may not be more
than 80 percent of the cost of participating. A finalist may
not receive more than one-third of the amount made available
under subsection (h)(1)(A) of this section.
[(3) Not later than July 15, 1992, the Secretary shall select
from among the 3 finalists a public entity with which to make a
full funding grant agreement.
[(d) Environmental Impact.--Not later than 270 days after a
public entity is selected under subsection (c) of this section,
the Secretary shall approve and publish in the Federal Register
a notice announcing either a finding of no significant impact
or a draft environmental impact statement for the project. The
alternatives analysis for the project shall include a decision
on whether to construct the project. If a draft statement is
published, the Secretary, not later than 180 days after
publication, shall approve and publish in the Federal Register
a notice of completion of a final environmental impact
statement.
[(e) Full Funding Grant Agreement.--Not later than 60 days
after carrying out the requirements of subsection (d) of this
section, the Secretary shall make a full funding grant
agreement under section 5309 of this title with the public
entity selected under subsection (c) of this section to
construct the project. The agreement shall provide that the
system vendor for the project shall finance--
[(1) 100 percent of any deficit incurred in operating
the project in the first 2 years of revenue operations
of the project; and
[(2) 50 percent of any deficit incurred in operating
the project in the 3d year of revenue operations of the
project.
[(f) Notice To Proceed.--Not later than 30 days after making
the full funding grant agreement, the Secretary shall issue a
notice to proceed with construction.
[(g) Option Not To Construct and Reawarding the Grant.--(1)
Not later than 30 days after completing preliminary engineering
and design, the selected public entity shall decide whether to
proceed to constructing the project. If the entity decides not
to proceed--
[(A) the Secretary shall not make the full funding
grant agreement;
[(B) remaining amounts received shall be returned to
the Secretary and credited to the Mass Transit Account
of the Highway Trust Fund; and
[(C) the Secretary shall use the credited amount and
other amounts to be provided under this section to
award to another entity selected under subsection
(c)(1) of this section a grant under section 5309 of
this title to construct the project.
[(2) Not later than 60 days after a decision is made under
paragraph (1) of this subsection, a grant shall be awarded
under paragraph (1)(C) of this subsection after completing a
competitive process for selecting the grant recipient.
[(h) Financing.--(1) The Secretary shall pay from amounts
provided under section 5309 of this title the following:
[(A) at least $1,000,000 for the fiscal year ending
September 30, 1992, for grants under subsection (c)(2)
of this section.
[(B) at least $4,000,000 for the fiscal year ending
September 30, 1993, for the United States Government
share of the costs (as determined under section 5309 of
this title) if the systems planning, alternatives
analysis, preliminary engineering, and design and
environmental impact statement are required by law for
the project.
[(C) at least $30,000,000 for the fiscal year ending
September 30, 1994, as provided in the grant agreement
under subsection (e) of this section, for the
Government share of the construction costs of the
project.
[(2) The grant agreement under subsection (e) of this section
shall provide that for the 3d year of revenue operations of the
project, the Secretary shall pay from amounts provided under
this section the Government share of operating costs in an
amount equal to the lesser of 50 percent of the deficit
incurred in operating the project in that year or $300,000.
[(3) Amounts not expended under paragraph (1)(A) of this
subsection are available for the Government share of costs
described in paragraph (1)(B) and (C) of this subsection.
[(4) Amounts under paragraph (1)(B) and (C) of this
subsection remain available until expended.
[(i) Government's Share of Costs.--The Government share of
the cost of constructing the project is 80 percent of the net
cost of the project.
[(j) Project Not Subject to Major Capital Investment
Policy.--The project is not subject to the major capital
investment policy of the Federal Transit Administration.
[(k) Report.--Not later than January 30, 1993, and each year
after that date, the Secretary shall submit to Congress a
report on the progress and results of the project.]
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 2005, 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 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.
Sec. 5321. Crime prevention and security
The Secretary of Transportation may make capital grants from
amounts available under section 5338 of this title to [mass]
public transportation systems for crime prevention and
security. This chapter does not prevent the financing of a
project under this section when a local governmental authority
other than the grant applicant has law enforcement
responsibilities.
Sec. 5322. Human resource programs
(a) In General.--The Secretary of Transportation may
undertake, or make grants and contracts for, programs that
address human resource needs as they apply to [mass] public
transportation activities. A program may include--
(1) an employment training program;
(2) an outreach program to increase minority and
female employment in [mass] public transportation
activities;
(3) research on [mass] public transportation
personnel and training needs; and
(4) training and assistance for minority business
opportunities.
(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. 5323. General provisions on assistance
(a) Interests in Property.--(1) Financial assistance provided
under this chapter to a State or a local governmental authority
may be used to acquire an interest in, or buy property of, a
[private mass transportation company] private company engaged
in public transportation, for a capital project for property
acquired from a [private mass transportation company] private
company engaged in public transportation after July 9, 1964, or
to operate [mass transportation equipment or a mass
transportation facility] a public transportation facility or
equipment in competition with, or in addition to,
transportation service provided by an existing [mass
transportation company] public transportation company, only
if--
(A) the Secretary of Transportation finds the
assistance is essential to a program of projects
required under sections 5303-5306 of this title;
(B) the Secretary of Transportation finds that the
program, to the maximum extent feasible, provides for
the participation of [private mass transportation
companies] private companies engaged in public
transportation;
(C) just compensation under State or local law will
be paid to the company for its franchise or property;
and
(D) the Secretary of Labor certifies that the
assistance complies with section 5333(b) of this title.
(2) A governmental authority may not use financial assistance
of the United States Government to acquire land, equipment, or
a facility used in [mass] public transportation from another
governmental authority in the same geographic area.
(b) Notice and Public Hearing.--[(1) An application]
(1) Applications.--An application for a grant [or
loan] under this chapter for a capital project that
will affect substantially a community, or the [mass]
public transportation service of a community, must
include a certificate of the applicant that the
applicant has--
(A) provided an adequate opportunity for a
public hearing with adequate prior notice;
(B) held that hearing unless no one with a
significant economic, social, or environmental
interest requested one;
(C) considered the economic, social, and
environmental effects of the project; and
(D) found that the project is consistent with
official plans for developing the urban area.
[(2) Notice of]
(2) Notice.--Notice of a hearing under this
subsection shall include a concise description of the
proposed project and shall be published in a newspaper
of general circulation in the geographic area the
project will serve. If a hearing is held, a copy of the
transcript of the hearing shall be submitted with the
application.
(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) Acquiring New Bus Models.--Amounts appropriated or made
available under this chapter after September 30, 1989, may be
obligated or expended to acquire a new bus model only if a bus
of the model has been tested at the facility established under
section 5318 of this title.]
(d) Condition on Charter Bus Transportation Service.--[(1)
Financial assistance]
(1) Agreements.--Financial assistance under this
chapter may be used to buy or operate a bus only if the
applicant, governmental authority, or publicly owned
operator that receives the assistance agrees that,
except as provided in the agreement, the governmental
authority or an operator of [mass] public
transportation for the governmental authority will not
provide charter bus transportation service outside the
urban area in which it provides regularly scheduled
[mass] public transportation service. An agreement
shall provide for a fair arrangement the Secretary of
Transportation considers appropriate to ensure that the
assistance will not enable a governmental authority or
an operator for a governmental authority to foreclose a
private operator from providing intercity charter bus
service if the private operator can provide the
service.
[(2) On receiving a complaint about a violation of an
agreement, the Secretary of Transportation shall investigate
and decide whether a violation has occurred. If the Secretary
decides that a violation has occurred, the Secretary shall
correct the violation under terms of the agreement. In addition
to a remedy specified in the agreement, the Secretary may bar a
recipient under this subsection or an operator from receiving
further assistance when the Secretary finds a continuing
pattern of violations of the agreement.]
(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.
[(e) Bus Passenger Seat Functional Specifications.--The
initial advertising by a State or local governmental authority
for bids to acquire buses using financial assistance under this
chapter may include passenger seat functional specifications
that are at least equal to performance specifications the
Secretary of Transportation prescribes. The specifications
shall be based on a finding by the State or local governmental
authority of local requirements for safety, comfort,
maintenance, and life cycle costs.]
(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.
(f) Schoolbus Transportation.--[(1) Financial assistance]
(1) Agreements.--Financial assistance under this
chapter may be used for a capital project, or to
operate [mass] public transportation equipment or a
[mass] public transportation facility, only if the
applicant agrees not to provide schoolbus
transportation that exclusively transports students and
school personnel in competition with a private
schoolbus operator. This subsection does not apply--
(A) to an applicant that operates a school
system in the area to be served and a separate
and exclusive schoolbus program for the school
system;
(B) unless a private schoolbus operator can
provide adequate transportation that complies
with applicable safety standards at reasonable
rates; and
(C) to a State or local governmental
authority if it or a direct predecessor in
interest from which it acquired the duty of
transporting school children and personnel, and
facilities to transport them, provided
schoolbus transportation at any time after
November 25, 1973, but before November 26,
1974.
[(2) An applicant violating an agreement under this
subsection may not receive other financial assistance under
this chapter.]
(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.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f)
of this section apply to financial assistance to buy a bus
under sections [103(e)(4)] 133 and 142(a) or (c) of title 23.
However, subsection (f)(1)(C) of this section applies to
sections [103(e)(4)] 133 and 142(a) or (c) only if schoolbus
transportation was provided at any time after August 12, 1972,
but before August 13, 1973.
* * * * * * *
(j) Buy America.--(1) * * *
* * * * * * *
(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.
[(3)] (4) In this subsection, labor costs involved in final
assembly are not included in calculating the cost of
components.
[(4)] (5) The Secretary of Transportation may not make a
waiver under paragraph (2) of this subsection for goods
produced in a foreign country if the Secretary, in consultation
with the United States Trade Representative, decides that the
government of that foreign country--
(A) has an agreement with the United States
Government under which the Secretary has waived the
requirement of this subsection; and
(B) has violated the agreement by discriminating
against goods to which this subsection applies that are
produced in the United States and to which the
agreement applies.
[(5)] (6) A person is ineligible under subpart 9.4 of chapter
1 of title 48, Code of Federal Regulations, to receive a
contract or subcontract made with amounts authorized under the
[Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240, 105 Stat. 1914)] Federal Public
Transportation Act of 2004 if a court or department, agency, or
instrumentality of the Government decides the person
intentionally--
(A) affixed a ``Made in America'' label, or a label
with an inscription having the same meaning, to goods
sold in or shipped to the United States that are used
in a project to which this subsection applies but not
produced in the United States; or
(B) represented that goods described in clause (A) of
this paragraph were produced in the United States.
[(6)] (7) The Secretary of Transportation may not impose any
limitation on assistance provided under this chapter that
restricts a State from imposing more stringent requirements
than this subsection on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign countries
in projects carried out with that assistance or restricts a
recipient of that assistance from complying with those State-
imposed requirements.
[(7)] (8) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly complete
the certification (but not including failure to sign the
certification) under this subsection if such manufacturer or
supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification
as a result of an inadvertent or clerical error. The burden of
establishing inadvertent or clerical error is on the
manufacturer or supplier.
(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.
* * * * * * *
[(l) Application of Section 135 of Title 23.--The planning
and programming requirements of section 135 of title 23 apply
to a grant made under sections 5307-5311 of this title.]
(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 such section 1001 is made in connection with a Federal
transit program.
* * * * * * *
(o) Grant Requirements.--The grant requirements under
sections 5307 and 5309 apply to any project under this chapter
that receives any assistance or other financing under [the
Transportation Infrastructure Finance and Innovation Act of
1998] chapter 6 (other than section 609) of title 23.
[Sec. 5324. Limitations on discretionary and special needs grants and
loans
[(a) Relocation Program Requirements.--Financial assistance
may be provided under section 5309 of this title only if the
Secretary of Transportation 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) Economic, Social, and Environmental Interests.--(1) In
carrying out section 5301(e) of this title, the Secretary of
Transportation shall cooperate and consult with the Secretaries
of Agriculture, Health and Human Services, Housing and Urban
Development, and the Interior and the Council on Environmental
Quality on each project that may have a substantial impact on
the environment.
[(2) In carrying out section 5309 of this title, the
Secretary of Transportation shall review each transcript of a
hearing submitted under section 5323(b) of this title to
establish that an adequate opportunity to present views was
given to all parties with a significant economic, social, or
environmental interest and that the project application
includes a statement on--
[(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)(A) The Secretary of Transportation may approve an
application for financial assistance under section 5309 of this
title only if the Secretary makes written findings, after
reviewing the application and any hearings held before a State
or local governmental authority under section 5323(b) of this
title, that--
[(i) an adequate opportunity to present views was
given to all parties with a significant economic,
social, or environmental interest;
[(ii) the preservation and enhancement of the
environment, and the interest of the community in which
a 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) If a hearing has not been conducted or the Secretary of
Transportation 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) A finding of the Secretary of Transportation under
subparagraph (A) of this paragraph shall be made a matter of
public record.
[(c) Prohibitions Against Regulating Operations and
Charges.--The Secretary of Transportation may not regulate the
operation of a mass transportation system for which a grant is
made under section 5309 of this title and, after a grant is
made, may not regulate any charge for the system. However, the
Secretary may require the local governmental authority,
corporation, or association to comply with any undertaking
provided by it related to its grant application.]
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.
Sec. 5325. Contract requirements
[(a) Noncompetitive Bidding.--A capital project or
improvement contract for which a grant or loan is made under
this chapter, if the contract is not made through competitive
bidding, shall provide that records related to the contract
shall be made available to the Secretary of Transportation and
the Comptroller General, or an officer or employee of the
Secretary or Comptroller General, when conducting an audit and
inspection.
[(b) Architectural, Engineering, and Design Contracts.--A
contract or requirement for program management, construction
management, a feasibility study, and preliminary engineering,
design, architectural, engineering, surveying, mapping, or
related services for a project for which a grant or loan is
made 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. 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
provided in subparagraphs (C) through (F) of section 112(b)(2)
of title 23. This subsection does not apply to the extent a
State has adopted or adopts by law a formal procedure for
procuring those services.]
(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 2005, 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.
* * * * * * *
(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.
(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.
[Sec. 5326. Special procurements
[(a) Turnkey System Projects.--
[(1) Turnkey system project defined.--In this
subsection, the term ``turnkey 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 mass 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) Selection of turnkey projects.--To advance new
technologies and lower the cost of a capital project
for a new mass transportation system or an operable
segment of a mass transportation system, the Secretary
of Transportation shall allow solicitation for a
turnkey system project to be financed under this
chapter to be awarded conditionally before United
States Government requirements have been met on the
project if the award is made without prejudice to
carrying out those requirements. Government financial
assistance under this chapter may be made available for
the project after the recipient complies with
Government requirements.
[(3) Demonstrations.--To develop guidelines applying
generally to turnkey system projects, the Secretary may
approve at least 2 projects for an initial
demonstration phase. The results of the demonstration
projects (and other projects using this procurement
method on December 18, 1991) shall be considered in
developing guidelines to carry out this subsection.
[(b) Multiyear Rolling Stock.--(1) 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) 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.
[(c) 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.
[(d) Procuring Associated Capital Maintenance Items.--A
recipient of assistance under section 5307 procuring an
associated capital maintenance item under section 5307(b) may
enter into a contract directly with the original manufacturer
or supplier of the item to be replaced, without receiving prior
approval of the Secretary, if the recipient first certifies in
writing to the Secretary that--
[(1) the manufacturer or supplier is the only source
for the item; and
[(2) the price of the item is no more than the price
that similar customers pay for the item.]
Sec. 5327. Project management oversight
(a) Project Management Plan Requirements.--To receive United
States Government financial assistance for a major capital
project under this chapter or the National Capital
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), a
recipient must prepare and carry out a project management plan
approved by the Secretary of Transportation. The plan shall
provide for--
(1) * * *
* * * * * * *
(11) periodic updates of the plan, especially related
to project budget and project schedule, financing,
ridership estimates, and the status of local efforts to
enhance ridership where ridership estimates partly
depend on the success of those efforts; [and]
(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary each
month[.]; and
(13) safety and security management.
* * * * * * *
[(c) Limitations on Use of Available Amounts.--(1) The
Secretary may use not more than .5 percent of amounts made
available for a fiscal year to carry out section 5307, 5309, or
5311 of this title, an interstate transfer mass transportation
project under section 103(e)(4) of title 23 as in effect on
September 30, 1991, or a project under the National Capital
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320) to
make a contract to oversee the construction of a major project
under section 5307, 5309, 5311, or 103(e)(4) or that Act. The
Secretary may use when necessary not more than an additional
.25 percent of amounts made available in a fiscal year to carry
out a major project under section 5309 to make a contract to
oversee the construction of the project.
[(2) The Secretary may use amounts available under paragraph
(1) of this subsection to enter into contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1) and to
provide technical assistance to correct deficiencies identified
in compliance reviews and audits carried out under this
section. Subsections (a), (b), and (e) of this section do not
apply to contracts under this paragraph.
[(3) The Government shall pay the entire cost of carrying out
a contract under this subsection.]
(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. 5328. Project review
(a) Schedule.--(1) * * *
(2) After the draft is circulated and not later than 30 days
after the applicant selects a locally preferred alternative,
the Secretary shall allow the project to advance to the
preliminary engineering stage if the Secretary finds the
project is consistent with section [5309(e)] 5309(c).
* * * * * * *
(4) The Secretary shall make a full funding grant agreement
under section 5309 of this title for a project not later than
120 days after the project enters the final design stage of
construction. The agreement shall provide for a United States
Government share of the construction cost at least equal to the
Government share estimated in the Secretary's most recent
report required [under section 5309(o)(1)] under section
5309(i)(1) of this title or an update of the report unless the
applicant requests otherwise.
* * * * * * *
[Sec. 5329. Investigation of safety hazards
[(a) General.--The Secretary of Transportation may
investigate 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 or correct it. 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 correcting it. The Secretary may
withhold further financial assistance under this chapter until
a plan is approved and carried out.
[(b) Report.--Not later than June 15, 1992, the Secretary
shall submit to Congress a report containing--
[(1) a description of actions taken to identify and
investigate conditions in a facility, equipment, or way
of operating as part of the findings and decisions
required of the Secretary in providing a grant or loan
under this chapter;
[(2) a description of actions of the Secretary to
correct or eliminate, as a requirement for making an
amount available through a grant or loan under this
chapter, a condition found to create a serious hazard
of death or injury;
[(3) a summary of all passenger-related deaths and
injuries resulting from an unsafe condition in a
facility, equipment, or way of operating a facility or
equipment at least partly financed under this chapter;
[(4) a summary of all employee-related deaths and
injuries resulting from an unsafe condition in a
facility, equipment, or way of operating a facility or
equipment at least partly financed under this chapter;
[(5) a summary of action of the Secretary to correct
or eliminate the unsafe condition to which the deaths
and injuries referred to in clauses (3) and (4) of this
subsection were attributed;
[(6) a summary of actions of the Secretary to alert
mass transportation operators of the nature of the
unsafe condition found to create a serious hazard of
death or injury; and
[(7) recommendations of the Secretary to Congress of
any legislative or administrative actions necessary to
ensure that all recipients of amounts under this
chapter will undertake the best way available to
correct or eliminate hazards of death or injury,
including--
[(A) a timetable for undertaking actions;
[(B) an estimate of the capital and operating
cost to take the actions; and
[(C) minimum standards for establishing and
carrying out safety plans by recipients of
amounts under this chapter.]
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.
[Sec. 5330. Withholding amounts for noncompliance with safety
requirements
[(a) Application.--This section applies only to States that
have rail fixed guideway mass transportation systems not
subject to regulation by the Federal Railroad Administration.]
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.
* * * * * * *
(c) State Requirements.--A State meets the requirements of
this section if the State--
(1) establishes and is carrying out a safety program
plan for each fixed guideway [mass] public
transportation system in the State that establishes at
least safety requirements, lines of authority, levels
of responsibility and accountability, and methods of
documentation for the system; and
* * * * * * *
(d) Multistate Involvement.--When more than one State is
subject to this section in connection with a single [mass]
public transportation authority, the affected States shall
ensure uniform safety standards and enforcement and may
designate an entity (except the [mass] public transportation
authority) to ensure uniform safety standards and enforcement
and to meet the requirements of subsection (c) of this section.
* * * * * * *
[(f) Regulations.--Not later than December 18, 1992, the
Secretary shall prescribe regulations stating the requirements
for complying with subsection (c) of this section.]
Sec. 5331. Alcohol and controlled substances testing
(a) Definitions.--In this section--
(1) * * *
* * * * * * *
(3) ``[mass] public transportation'' means any form
of [mass] public transportation, except a form the
Secretary decides is covered adequately, for employee
alcohol and controlled substances testing purposes,
under section 20140 or 31306 of this title[.] 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) Testing Program for [Mass] Public Transportation
Employees.--(1)(A) In the interest of [mass] public
transportation safety, the Secretary shall prescribe
regulations that establish a program requiring [mass] public
transportation operations that receive financial assistance
under section 5307, 5309, or 5311 of this title [or section
103(e)(4) of title 23] to conduct preemployment, reasonable
suspicion, random, and post-accident testing of [mass] public
transportation employees responsible for safety-sensitive
functions (as decided by the Secretary) for the use of a
controlled substance in violation of law or a United States
Government regulation, and to conduct reasonable suspicion,
random, and post-accident testing of such employees for the use
of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such operations to
conduct preemployment testing of such employees for the use of
alcohol.
(B) When the Secretary of Transportation considers it
appropriate in the interest of safety, the Secretary may
prescribe regulations for conducting periodic recurring testing
of [mass] public transportation employees responsible for
safety-sensitive functions (as decided by the Secretary) for
the use of alcohol or a controlled substance in violation of
law or a Government regulation.
(2) In prescribing regulations under this subsection, the
Secretary of Transportation--
(A) shall require that post-accident testing of such
a [mass] public transportation employee be conducted
when loss of human life occurs in an accident involving
[mass] public transportation; and
(B) may require that post-accident testing of such a
[mass] public transportation employee be conducted when
bodily injury or significant property damage occurs in
any other serious accident involving [mass] public
transportation.
(c) Disqualifications for Use.--(1) * * *
(2) This section does not supersede any penalty applicable to
a [mass] public transportation employee under another law.
* * * * * * *
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for
rehabilitation programs that provide for the identification and
opportunity for treatment of any [mass] public transportation
employee referred to in subsection (b)(1) of this section who
is found to have used alcohol or a controlled substance in
violation of law or a Government regulation. The Secretary
shall decide on the circumstances under which employees shall
be required to participate in a program. This subsection does
not prevent a [mass] public transportation operation from
establishing a program under this section in cooperation with
another [mass] public transportation operation.
(f) Relationship to Other Laws, Regulations, Standards, and
Orders.--(1) * * *
* * * * * * *
[(3) This section does not prevent the Secretary of
Transportation from continuing in effect, amending, or further
supplementing a regulation prescribed before October 28, 1991,
governing the use of alcohol or a controlled substance by mass
transportation employees.]
(g) Ineligibility for Assistance.--A person is not eligible
for financial assistance under section 5307, 5309, or 5311 of
this title [or section 103(e)(4) of title 23] if the person is
required, under regulations the Secretary of Transportation
prescribes under this section, to establish a program of
alcohol and controlled substances testing and does not
establish the program.
* * * * * * *
Sec. 5333. Labor standards
(a) * * *
(b) Employee Protective Arrangements.--(1) As a condition of
financial assistance under sections 5307-5312, [5318(d),
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)] 5316,
5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337,
5338(b), 5338(g), and 5338(h) of this title, the interests of
employees affected by the assistance shall be protected under
arrangements the Secretary of Labor concludes are fair and
equitable. The agreement granting the assistance under sections
5307-5312, [5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337,
and 5338(b)] 5316, 5317, 5318, 5320, 5323(a)(1), 5323(b),
5323(d), 5328, 5337, 5338(b), 5338(g), and 5338(h) shall
specify the arrangements.
(2) Arrangements under this subsection shall include
provisions that may be necessary for--
(A) * * *
* * * * * * *
(D) assurances of employment to employees of acquired
[mass] public transportation systems;
* * * * * * *
Sec. 5334. Administrative provisions
(a) General Authority.--In carrying out this chapter, the
Secretary of Transportation may--
(1) * * *
* * * * * * *
(9) include in an agreement or instrument under this
chapter a covenant or term the Secretary of
Transportation considers necessary to carry out this
chapter; [and]
(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to
promote [mass] public transportation and credit amounts
collected to the appropriation concerned[.]; and
(11) issue regulations as necessary to carry out the
purposes of this chapter.
(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.
[(b)] (c) Procedures for Prescribing Regulations.--(1) * * *
* * * * * * *
(4) The Secretary of Transportation shall comply with this
section (except [subsections (h) and (i)] subsection (i)) and
sections 5323(a)(2), [5323(c), 5323(e), 5324(c),] 5325(a),
5325(b), 5326(c), and 5326(d) when proposing or carrying out a
regulation governing an activity under this chapter, except for
a routine matter or a matter with no significant impact.
(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.
[(c)] (d) Budget Program and Set of Accounts.--The Secretary
of Transportation shall--
(1) * * *
* * * * * * *
[(d)] (e) Depository and Availability of Amounts.--The
Secretary of Transportation shall deposit amounts made
available to the Secretary under this chapter in a checking
account in the Treasury. Receipts, assets, and amounts obtained
or held by the Secretary to carry out this chapter are
available for administrative expenses to carry out this
chapter.
[(e)] (f) Binding Effect of Financial Transaction.--A
financial transaction of the Secretary of Transportation under
this chapter and a related voucher are binding on all officers
and employees of the United States Government.
[(f)] (g) Dealing With Acquired Property.--Notwithstanding
another law related to the Government acquiring, using, or
disposing of real property, the Secretary of Transportation may
deal with property acquired under subsection (a)(3) or (4) of
this section in any way. However, this subsection does not--
(1) * * *
* * * * * * *
[(g)] (h) Transfer of Assets No Longer Needed.--(1) If a
recipient of assistance under this chapter decides an asset
acquired under this chapter at least in part with that
assistance is no longer needed for the purpose for which it was
acquired, the Secretary of Transportation may authorize the
recipient to transfer the asset to a local governmental
authority to be used for a public purpose with no further
obligation to the Government. The Secretary may authorize a
transfer for a public purpose other than [mass] public
transportation only if the Secretary decides--
(A) * * *
* * * * * * *
(4) Proceeds from the sale of transit assets.--
(A) In general.--When real property,
equipment, or supplies acquired with assistance
under this chapter are no longer needed for
[mass] public transportation purposes as
determined under the applicable assistance
agreement, the Secretary may authorize the
sale, transfer, or lease of the assets under
conditions determined by the Secretary and
subject to the requirements of this subsection.
* * * * * * *
[(h)] (i) Transfer of Amounts and Non-Government Share.--(1)
Amounts made available for a [mass] public transportation
project under title 23 shall be transferred to and administered
by the Secretary of Transportation under this chapter. Amounts
made available for a highway project under this chapter shall
be transferred to and administered by the Secretary under title
23.
(2) The provisions of title 23 related to the non-Government
share apply to amounts under title 23 used for [mass] public
transportation projects. The provisions of this chapter related
to the non-Government share apply to amounts under this chapter
used for highway projects.
[(i) Authority of Secretary of Housing and Urban
Development.--The Secretary of Housing and Urban Development
shall--
[(1) carry out section 5312(a) and (b)(1) of this
title related to--
[(A) urban transportation systems and planned
development of urban areas; and
[(B) the role of transportation planning in
overall urban planning; and
[(2) advise and assist the Secretary of
Transportation in making findings under section
5323(a)(1)(A) of this title.]
* * * * * * *
[Sec. 5335. Reports and audits]
Sec. 5335. National transit database
(a) National Transit Database.--[(1) To help] To help meet
the needs of individual [mass] public transportation systems,
the United States Government, State and local governments, and
the public for information on which to base [mass] public
transportation service planning, the Secretary of
Transportation shall maintain a reporting system, using uniform
categories to accumulate [mass] public transportation financial
and operating information and using a uniform system of
accounts. The reporting and uniform systems shall contain
appropriate information to help any level of government make a
public sector investment decision. The Secretary may request
and receive appropriate information from any source.
[(2) The Secretary] (b) Reporting and Uniform Systems.--The
Secretary may make a grant under section 5307 of this title
only if the applicant, and any person that will receive
benefits directly from the grant, are subject to the reporting
and uniform systems.
[(b) Biennial Transferability Report.--In January 1993, the
Comptroller General 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 on carrying out section
5307(b)(5) of this title. The report shall--
[(1) identify, by State, the amount of mass
transportation money transferred for non-mass
transportation purposes under section 5307(b)(5) of
this title during the prior fiscal year;
[(2) include an assessment of the impact of the
transfers on the mass transportation needs of
individuals and communities in the State, including the
impact on--
[(A) the State's ability to meet the mass
transportation needs of elderly individuals and
individuals with disabilities;
[(B) efforts to meet the objectives of the
Clean Air Act (42 U.S.C. 7401 et seq.) and the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
[(C) the State's efforts to extend public
mass transportation services to unserved rural
areas; and
[(3) examine the relative levels of Government mass
transportation assistance and services in urban and
rural areas in the fiscal year that ended September 30,
1991, and the extent to which the assistance and
service has changed in later fiscal years because of
mass transportation resources made available under this
chapter and the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240, 105 Stat.
1914).]
Sec. 5336. Apportionment of appropriations for formula grants
(a) Based on Urbanized Area Population.--Of the amount made
available or appropriated under section 5338(a) [of this title]
to carry out section 5307--
(1) * * *
(2) 90.68 percent shall be apportioned each fiscal
year only in urbanized areas with populations of at
least 200,000 as provided in subsections (b) and (c) of
this section, 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.
(b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--(1) In this subsection, ``fixed
guideway revenue vehicle-miles'' and ``fixed guideway route-
miles'' include ferry boat operations directly or under
contract by the designated recipient and the Alaska Railroad
passenger operations.
* * * * * * *
(g) Transfers of Apportionments.--(1) The chief executive
officer of a State may transfer any part of the State's
apportionment under subsection (a)(1) of this section to
supplement amounts apportioned to the State under section
5311(c) of this title or amounts apportioned to urbanized areas
under this subsection. The chief executive officer may make a
transfer only after consulting with responsible local officials
and publicly owned operators of [mass] public transportation in
each area for which the amount originally was apportioned under
this section.
* * * * * * *
(j) Application of Other Sections.--Sections 5302, 5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to
this section and to [a grant made under] a grant made with
funds apportioned under this section. Except as provided in
this section, no other provision of this chapter applies to
this section or to [a grant made under] a grant made with funds
apportioned under this section.
(k) Certain Urbanized Areas Grandfathered.--An area
designated an urbanized area under the 1980 census and not
designated an urbanized area under the 1990 census for the
fiscal year ending September 30, 1993, is eligible to receive--
(1) 50 percent of the amount the area would have
received if the area had been an urbanized area as
defined by [section 5302(a)(13) of this title] section
5302(a); and
* * * * * * *
[Sec. 5337. Apportionment of appropriations for fixed guideway
modernization
[(a) Distribution.--The Secretary shall apportion amounts
made available for fixed guideway modernization under section
5309 for each of fiscal years 1998 through 2003 as follows:]
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:
(1) * * *
(2) The next $70,000,000 shall be apportioned as
follows:
(A) * * *
(B) 50 percent in other urbanized areas
eligible for assistance under section
5336(b)(2)(A) to which amounts were apportioned
under this section for fiscal year 1997, as
provided in section 5336(b)(2)(A) and
subsection [(e)(1)] (e) of this section.
(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
(A) * * *
* * * * * * *
(D) 21.72 percent in urbanized areas to which
paragraph (2)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(1)]
(e) of this section.
(4) The next $186,600,000 shall be apportioned in
each urbanized area to which paragraph (1) applies and
in each urbanized area to which paragraph (2)(B)
applies, as provided in section 5336(b)(2)(A) and
subsection [(e)(1)] (e) of this section.
(5) The next $70,000,000 shall be apportioned as
follows:
(A) 65 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 35 percent to other urbanized areas
eligible for assistance under section
5336(b)(2)(A) if the areas contain fixed
guideway systems placed in revenue service at
least 7 years before the fiscal year in which
amounts are made available and in any urbanized
area if, before the first day of the fiscal
year, the area satisfies the Secretary that the
area has modernization needs that cannot
adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(6) The next $50,000,000 shall be apportioned as
follows:
(A) 60 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(2)]
(e) of this section.
(7) Remaining amounts shall be apportioned as
follows:
(A) 50 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 50 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(2)]
(e) of this section.
* * * * * * *
(e) Route Segments To Be Included in Apportionment
Formulas.--
[(1) 1997 standard.--Amounts apportioned under
paragraphs (2)(B), (3), and (4) of subsection (a) shall
have attributable to each urbanized area only the
number of fixed guideway revenue miles of service and
number of fixed guideway route miles for segments of
fixed guideway systems used to determine apportionments
for fiscal year 1997.
[(2) Other standards.--] Amounts apportioned under
paragraphs (5) through (7) of subsection (a) shall have
attributable to each urbanized area only the number of
fixed guideway revenue miles of service and number of
fixed guideway route-miles for segments of fixed
guideway systems placed in revenue service at least 7
years before the fiscal year in which amounts are made
available.
[Sec. 5338. Authorizations
[(a) Formula Grants.--
[(1) Fiscal year 1998.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5310, and 5311, $2,260,000,000 for fiscal year
1998.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5307, 5310, and 5311,
$240,000,000 for fiscal year 1998.
[(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) $62,219,389 shall be available
to provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
[(iii) $134,077,934 shall be
available to provide financial
assistance for other than urbanized
areas under section 5311; and
[(iv) $2,298,852,727 shall be
available to provide financial
assistance for urbanized areas under
section 5307.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5308, 5310, and 5311--
[(i) $2,280,000,000 for fiscal year
1999;
[(ii) $2,478,400,000 for fiscal year
2000;
[(iii) $2,676,000,000 for fiscal year
2001;
[(iv) $2,873,600,000 for fiscal year
2002;
[(v) $3,071,200,000 for fiscal year
2003;
[(vi) $3,071,200,000 for fiscal year
2004; and
[(vii) $2,201,760,000 for the period
of October 1, 2004, through May 31,
2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5307, 5308, 5310, and 5311--
[(i) $570,000,000 for fiscal year
1999;
[(ii) $619,600,000 for fiscal year
2000;
[(iii) $669,000,000 for fiscal year
2001;
[(iv) $718,400,000 for fiscal year
2002;
[(v) $767,800,000 for fiscal year
2003;
[(vi) $767,800,000 for fiscal year
2004; and
[(vii) $550,440,000 for the period of
October 1, 2004, through May 31, 2005.
[(C) Allocation of funds.--Of the aggregate
of amounts made available by and appropriated
under this paragraph for each of fiscal years
1999 through 2005 (other than for the period of
October 1, 2004, through May 31, 2005)--
[(i) $4,849,950 shall be available to
the Alaska Railroad for improvements to
its passenger operations under section
5307;
[(ii) $50,000,000 shall be available
to carry out section 5308; and
[(iii) of the remaining amount--
[(I) 2.4 percent shall be
available to provide
transportation services to
elderly individuals and
individuals with disabilities
under section 5310;
[(II) 6.37 percent shall be
available to provide financial
assistance for other than
urbanized areas under section
5311; and
[(III) 91.23 percent shall be
available to provide financial
assistance for urbanized areas
under section 5307.
[(b) Capital Program Grants and Loans.--
[(1) Fiscal year 1998.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to
carry out section 5309, $2,000,000,000 for fiscal year
1998.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5309--
[(i) $1,805,600,000 for fiscal year
1999;
[(ii) $1,960,800,000 for fiscal year
2000;
[(iii) $2,116,800,000 for fiscal year
2001;
[(iv) $2,272,800,000 for fiscal year
2002;
[(v) $2,428,800,000 for fiscal year
2003;
[(vi) $2,510,000,000 for fiscal year
2004; and
[(vii) $1,740,960,000 for the period
of October 1, 2004, through May 31,
2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out section 5309--
[(i) $451,400,000 for fiscal year
1999;
[(ii) $490,200,000 for fiscal year
2000;
[(iii) $529,200,000 for fiscal year
2001;
[(iv) $568,200,000 for fiscal year
2002;
[(v) $607,200,000 for fiscal year
2003;
[(vi) $627,500,000 for fiscal year
2004; and
[(vii) $435,240,000 for the period of
October 1, 2004, through May 31, 2005.
[(c) Planning.--
[(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305,
and 5313(b), $47,750,000 for fiscal year 1998.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(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, 5305, and 5313(b)--
[(i) $42,200,000 for fiscal year
1999;
[(ii) $48,400,000 for fiscal year
2000;
[(iii) $50,200,000 for fiscal year
2001;
[(iv) $53,800,000 for fiscal year
2002;
[(v) $58,600,000 for fiscal year
2003;
[(vi) $58,600,000 for fiscal year
2004; and
[(vii) $41,813,334 for the period of
October 1, 2004, through May 31, 2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5303, 5304, 5305, and
5313(b)--
[(i) $10,800,000 for fiscal year
1999;
[(ii) $11,600,000 for fiscal year
2000;
[(iii) $12,800,000 for fiscal year
2001;
[(iv) $13,200,000 for fiscal year
2002;
[(v) $14,400,000 for fiscal year
2003;
[(vi) $14,400,000 for fiscal year
2004; and
[(vii) $10,453,333 for the period of
October 1, 2004, through May 31, 2005.
[(C) Allocation of funds.--Of the funds made
available by or appropriated under this
paragraph for a fiscal year or any portion of a
fiscal year--
[(i) 82.72 percent shall be available
for metropolitan planning under
sections 5303, 5304, and 5305; and
[(ii) 17.28 percent shall be
available for State planning under
section 5313(b).
[(d) Research.--
[(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312,
5313(a), 5314, 5315, and 5322, $44,250,000 for fiscal
year 1998.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and
5322--
[(i) $36,000,000 for fiscal year
1999;
[(ii) $37,600,000 for fiscal year
2000;
[(iii) $37,600,000 for fiscal year
2001;
[(iv) $39,200,000 for fiscal year
2002;
[(v) $39,200,000 for fiscal year
2003;
[(vi) $42,200,000 for fiscal year
2004; and
[(vii) $28,266,667 for the period of
October 1, 2004, through May 31, 2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
[(i) $9,000,000 for fiscal year 1999;
[(ii) $9,400,000 for fiscal year
2000;
[(iii) $9,400,000 for fiscal year
2001;
[(iv) $9,800,000 for fiscal year
2002;
[(v) $9,800,000 for fiscal year 2003;
[(vi) $10,800,000 for fiscal year
2004; and
[(vii) $7,066,667 for the period of
October 1, 2004, through May 31, 2005.
[(C) Allocation of funds.--Of the funds made
available by or appropriated under this
paragraph for a fiscal year (other than for the
period of October 1, 2004, through May 31,
2005)--
[(i) not less than $5,250,000 shall
be available for providing rural
transportation assistance under section
5311(b)(2);
[(ii) not less than $8,250,000 shall
be available for carrying out transit
cooperative research programs under
section 5313(a);
[(iii) not less than $4,000,000 shall
be available to carry out programs
under the National Transit Institute
under section 5315, including not more
than $1,000,000 shall be available to
carry out section 5315(a)(16); and
[(iv) the remainder shall be
available for carrying out national
planning and research programs under
sections 5311(b)(2), 5312, 5313(a),
5314, and 5322.
[(e) University Transportation Research.--
[(1) Fiscal year 1998.--Subject to paragraph (2)(C),
there are authorized to be appropriated to carry out
section 5505 $6,000,000 for fiscal year 1998.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(A) From the trust fund.--Subject to
subparagraph (C), there shall be available from
the Mass Transit Account of the Highway Trust
Fund to carry out section 5505, $4,800,000 for
each of fiscal years 1999 through 2004 and
$3,200,000 for the period of October 1, 2004,
hrough May 31, 2005.
[(B) From the general fund.--Subject to
subparagraph (C), in addition to amounts made
available under subparagraph (A), there are
authorized to be appropriated to carry out
section 5505, $1,200,000 for each of fiscal
years 1999 through 2004 and $800,000 for the
period of October 1, 2004, through May 31,
2005.
[(C) Funding of centers.--
[(i) Of the amounts made available
under subparagraph (A) and paragraph
(1) for each fiscal year (other than
for the period of October 1, 2004,
through May 31, 2005)--
[(I) $2,000,000 shall be
available for the center
identified in section
5505(j)(4)(A); and
[(II) $2,000,000 shall be
available for the center
identified in section
5505(j)(4)(F).
[(ii) For each of fiscal years 1998
through 2001, of the amounts made
available under this paragraph and
paragraph (1)--
[(I) $400,000 shall be
available from amounts made
available under subparagraph
(A) of this paragraph and under
paragraph (1) for each of the
centers identified in
subparagraphs (E) and (F) of
section 5505(j)(3); and
[(II) $350,000 shall be
available from amounts made
available under subparagraph
(B) of this paragraph and under
paragraph (1) for each of the
centers identified in
subparagraphs (E) and (F) of
section 5505(j)(3).
[(iii) Any amounts made available
under this paragraph or paragraph (1)
for any fiscal year (other than for the
period of October 1, 2004, through May
31, 2005) that remain after
distribution under clauses (i) and
(ii), shall be available for the
purposes identified in section 3015(d)
of the Federal Transit Act of 1998.
[(3) 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 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for
fiscal year 1998.
[(2) Fiscal years 1999 through 2004 and for the
period of October 1, 2004, through May 31, 2005.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5334--
[(i) $43,200,000 for fiscal year
1999;
[(ii) $48,000,000 for fiscal year
2000;
[(iii) $51,200,000 for fiscal year
2001;
[(iv) $53,600,000 for fiscal year
2002;
[(v) $58,400,000 for fiscal year
2003;
[(vi) $60,400,000 for fiscal year
2004; and
[(vii) $41,600,000 for the period of
October 1, 2004, through May 31, 2005.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out section 5334--
[(i) $10,800,000 for fiscal year
1999;
[(ii) $12,000,000 for fiscal year
2000;
[(iii) $12,800,000 for fiscal year
2001;
[(iv) $13,400,000 for fiscal year
2002;
[(v) $14,600,000 for fiscal year
2003;
[(vi) $15,100,000 for fiscal year
2004; and
[(vii) $10,400,000 for the period of
October 1, 2004, through May 31, 2005.
[(g) Grants as Contractual Obligations.--
[(1) Grants financed from the highway trust fund.--A
grant or contract approved by the Secretary, that is
financed with amounts made available under subsection
(a)(1)(A), (a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A),
(d)(2)(A), (e)(2)(A), or (f)(2)(A) is a contractual
obligation of the United States Government to pay the
Government's share of the cost of the project.
[(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed
with amounts made available under subsection (a)(1)(B),
(a)(2)(B), (b)(2)(B), (c)(1), (c)(2)(B), (d)(1),
(d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B), 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.
[(h) Additional Amounts.--In addition to amounts made
available by or appropriated under subsections (a) through (f)
under the Transportation Discretionary Spending Guarantee for
the Mass Transit Category, there are authorized to be
appropriated--
[(1) to carry out sections 5303, 5304, 5305, and
5313(b)--
[(A) for fiscal year 1999, $32,000,000;
[(B) for fiscal year 2000, $33,000,000;
[(C) for fiscal year 2001, $34,000,000;
[(D) for fiscal year 2002, $35,000,000; and
[(E) for fiscal year 2003, $36,000,000;
[(2) to carry out section 5307, $150,000,000 for each
of fiscal years 1999 through 2003;
[(3) to carry out section 5308, $100,000,000 for each
of fiscal years 1999 through 2003;
[(4) to carry out section 5309(m)(1)(A), $100,000,000
for each of fiscal years 1999 through 2003;
[(5) to carry out section 5309(m)(1)(B)--
[(A) for fiscal year 1999 $400,000,000;
[(B) for fiscal year 2000 $410,000,000;
[(C) for fiscal year 2001 $420,000,000;
[(D) for fiscal year 2002 $430,000,000; and
[(E) for fiscal year 2003 $430,000,000;
[(6) to carry out section 5309(m)(1)(C), $100,000,000
for each of fiscal years 1999 through 2003;
[(7) to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
[(A) for fiscal year 1999, $31,000,000;
[(B) for fiscal year 2000, $31,000,000;
[(C) for fiscal year 2001, $33,000,000;
[(D) for fiscal year 2002, $33,000,000; and
[(E) for fiscal year 2003, $34,000,000; and
[(8) to carry out section 5334--
[(A) for fiscal year 1999, $13,000,000;
[(B) for fiscal year 2000, $14,000,000;
[(C) for fiscal year 2001, $16,000,000;
[(D) for fiscal year 2002, $17,000,000; and
[(E) for fiscal year 2003, $18,000,000.
[(i) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (e), and paragraphs
(1) through (7) of subsection (h), shall remain available until
expended.]
Sec. 5338. Authorizations
(a) Formula Grants.--
(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, 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) $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, 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 provide clean fuels formula grants
under section 5308;
(iv) $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);
(v) $3,100,000 shall be available to
carry out bus testing under section
5318;
(vi) $93,110,751 shall be available
to provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
(vii) $297,954,404 shall be available
to provide financial assistance for
other than urbanized areas under
section 5311; and
(viii) $3,333,364,895 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 2005.
(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) $4,133,500,000 for fiscal year
2005;
(ii) $4,592,000,000 for fiscal year
2006;
(iii) $4,898,000,000 for fiscal year
2007;
(iv) $5,223,000,000 for fiscal year
2008; and
(v) $5,570,000,000 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
2005.
(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.
(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) $78,000,000 for fiscal year 2005;
(B) $80,000,000 for fiscal year 2006;
(C) $82,000,000 for fiscal year 2007;
(D) $84,000,000 for fiscal year 2008; and
(E) $86,000,000 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) $1,884,255,000 for fiscal year 2005;
(2) $2,080,005,000 for fiscal year 2006;
(3) $2,210,580,000 for fiscal year 2007;
(4) $2,366,677,500 for fiscal year 2008; and
(5) $2,518,882,500 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) $1,391,170,000 for fiscal year 2005;
(2) $1,561,670,000 for fiscal year 2006;
(3) $1,673,720,000 for fiscal year 2007;
(4) $1,777,785,000 for fiscal year 2008; and
(5) $1,904,255,000 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.
* * * * * * *
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
5501. National Intermodal Transportation System policy.
* * * * * * *
[5505. University transportation research.
[5506. Advanced vehicle technologies program.]
5505. National university transportation centers.
5506. University transportation research.
5507. Advanced heavy-duty vehicle technologies research program.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 5502. Intermodal Transportation Advisory Board
(a) * * *
(b) Membership.--The Board consists of the Secretary, who
serves as chairman, and the Administrator, or the
Administrator's designee, of--
(1) * * *
* * * * * * *
(4) the Federal Railroad Administration; [and]
(5) the Federal Transit Administration[.]; and
(6) the Federal Motor Carrier Safety Administration.
* * * * * * *
[Sec. 5505. University transportation research
[(a) Regional Centers.--The Secretary of Transportation shall
make grants to nonprofit institutions of higher learning to
establish and operate 1 university transportation center in
each of the 10 United States Government regions that comprise
the Standard Federal Regional Boundary System.
[(b) Other Centers.--The Secretary shall make grants to
nonprofit institutions of higher learning to establish and
operate university transportation centers, in addition to the
centers receiving grants under subsection (a), to address
transportation management and research and development matters,
with special attention to increasing the number of highly
skilled individuals entering the field of transportation.
[(c) Selection of Grant Recipients.--
[(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) 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) For regional centers, the location of
the center within the Federal region to be
served.
[(B) The demonstrated research and extension
resources available to the recipient to carry
out this section.
[(C) The capability of the recipient to
provide leadership in making national and
regional contributions to the solution of
immediate and long-range transportation
problems.
[(D) The recipient's establishment of a
surface transportation program encompassing
several modes of transportation.
[(E) The recipient's demonstrated commitment
of at least $200,000 in regularly budgeted
institutional amounts each year to support
ongoing transportation research and education
programs.
[(F) The recipient's demonstrated ability to
disseminate results of transportation research
and education programs through a statewide or
regionwide continuing education program.
[(G) The strategic plan the recipient
proposes to carry out under the grant.
[(d) Objectives.--Each university transportation center
receiving a grant under this section shall conduct the
following programs and activities:
[(1) Basic and applied research, the products of
which are judged by peers or other experts in the field
to advance the body of knowledge in transportation.
[(2) An education program that includes
multidisciplinary course work and participation in
research.
[(3) An ongoing program of technology transfer that
makes research results available to potential users in
a form that can be implemented, utilized, or otherwise
applied.
[(e) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a recipient shall enter
into an agreement with the Secretary to ensure that the
recipient 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.
[(f) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section is
50 percent of costs. The non-Federal share may include funds
provided to a recipient under section 503, 504(b), or 505 of
title 23, United States Code.
[(g) Program Coordination.--
[(1) Coordination.--The Secretary shall coordinate
the research, education, training, and technology
transfer activities that grant recipients carry out
under this section, disseminate the results of the
research, and establish and operate a clearinghouse.
[(2) Annual review and evaluation.--At least annually
and consistent with the plan developed under section
508 of title 23, United States Code, the Secretary
shall review and evaluate programs the grant recipients
carry out.
[(3) Funding limitation.--The Secretary may use not
more than 1 percent of amounts made available from
Government sources to carry out this subsection.
[(h) Limitation on Availability of Funds.--Funds made
available to carry out this program shall remain available for
obligation for a period of 2 years after the last day of the
fiscal year for which such funds are authorized.
[(i) Number and Amount of Grants.--Subject to section
5338(e):
[(1) Fiscal years 1998 and 1999.--For each of fiscal
years 1998 and 1999, the Secretary shall make the
following grants under this section:
[(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions or groups of institutions in
group A.
[(B) Group b.--The Secretary shall make a
grant in the amount of $300,000 to each of the
institutions or groups of institutions in group
B.
[(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions or groups of institutions in group
C.
[(D) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions or groups of institutions in
group D.
[(2) Fiscal years 2000 and 2001.--For each of fiscal
years 2000 and 2001, the Secretary shall make the
following grants under this section:
[(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions or groups of institutions in
group A.
[(B) Group b.--The Secretary shall make a
grant in the amount of $500,000 to 8 of the
institutions or groups of institutions in group
B.
[(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions or groups of institutions in group
C.
[(D) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions or groups of institutions in
group D.
[(3) Fiscal years 2002 and 2003.--For each of fiscal
years 2002 and 2003, the Secretary shall make the
following grants under this section:
[(A) Group a.--The Secretary shall make a
grant in the amount of $1,000,000 to each of
the institutions or groups of institutions in
group A.
[(B) Groups b and c.--The Secretary shall
make a grant in the amount of $1,000,000 to 10
of the institutions or groups of institutions
in groups B and C that received grants under
this section in fiscal years 2000 and 2001.
[(C) Group d.--The Secretary shall make a
grant in the amount of $2,000,000 to each of
the institutions or groups of institutions in
group D.
[(j) Identification of Groups.--For the purpose of making
grants under this section, the following groups are identified:
[(1) Group a.--Group A shall consist of the 10
regional centers selected under subsection (a).
[(2) Group b.--Group B shall consist of the
following:
[(A) The University of Denver and Mississippi
State University.
[(B) The University of Central Florida.
[(C) University of Southern California and
California State University at Long Beach.
[(D) Rutgers University.
[(E) University of Missouri at Rolla.
[(F) South Carolina State University.
[(G) Joseph P. Kennedy Science and Technology
Center, Assumption College, Massachusetts.
[(H) Purdue University.
[(3) Group c.--Group C shall consist of the
following:
[(A) University of Arkansas.
[(B) New Jersey Institute of Technology.
[(C) University of Idaho.
[(D) The University of Alabama.
[(E) Morgan State University.
[(F) North Carolina State University.
[(G) San Jose State University.
[(H) University of South Florida.
[(I) North Carolina A. and T. State
University.
[(4) Group d.--Group D shall consist of the
following:
[(A) University of Minnesota.
[(B) Marshall University, West Virginia, on
behalf of a consortium which may also include
West Virginia University Institute of
Technology, the College of West Virginia, and
Bluefield State College.
[(C) George Mason University, along with the
University of Virginia and Virginia Tech
University.
[(D) Western Transportation Institute.
[(E) Rhode Island Transportation Research
Center.
[(F) Northwestern University.
[Sec. 5506. Advanced vehicle technologies program
[(a) Purposes.--The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research,
development, and deployment of transportation technologies that
will use technological advances in multimodal vehicles, vehicle
components, environmental technologies, and related
infrastructure to remove impediments to an efficient, safe, and
cost-effective national transportation system.
[(b) Definition of Eligible Consortium.--In this section, the
term ``eligible consortium'' means a consortium that receives
funding under the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2
or more of the following entities:
[(1) Businesses incorporated in the United States.
[(2) Public or private educational or research
organizations located in the United States.
[(3) Entities of State or local governments in the
United States.
[(4) Federal laboratories.
[(c) Program.--The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized by
section 2371 of title 10 with, and make grants to, eligible
consortia to promote the development and deployment of
innovation in transportation technology services, management,
and operational practices.
[(d) Eligibility Criteria.--To be eligible to receive
assistance under this section, an eligible consortium shall--
[(1) for a period of not less than the 3 years
preceding the date of a contract, cooperative
agreement, or other transaction, be organized on a
statewide or multistate basis for the purpose of
designing, developing, and deploying transportation
technologies that address identified technological
impediments in the transportation field;
[(2) facilitate the participation in the consortium
of small- and medium-sized businesses, utilities,
public laboratories and universities, and other
relevant entities;
[(3) be actively engaged in transportation technology
projects that address compliance in nonattainment areas
under the Clean Air Act (42 U.S.C. 7401 et seq.);
[(4) be designed to use Federal and State funding to
attract private capital in the form of grants or
investments to carry out this section; and
[(5) ensure that at least 50 percent of the funding
for the consortium project will be provided by non-
Federal sources.
[(e) Proposals.--The Secretary shall prescribe such terms and
conditions as the Secretary determines to be appropriate for
the content and structure of proposals submitted for assistance
under this section.
[(f) Reporting Requirements.--At least once 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 on the projects undertaken by the eligible consortia and
the progress made in advancing the purposes of this section.
[(g) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 for
each of fiscal years 1999 through 2003, to remain
available until expended.
[(2) Availability.--Notwithstanding section 118(a),
funds made available under paragraph (1) shall not be
available in advance of an annual appropriation.]
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.
(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.
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 August 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; and
(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 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.
(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; and
(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 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.
(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 60 days after the
date of enactment of the Transportation Equity Act: A
Legacy for Users, 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 60 days after the date
of enactment of the Transportation Equity Act:
A Legacy for Users, 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.
(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 Innovative Technology 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.
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.
* * * * * * *
CHAPTER 131--GENERAL PROVISIONS
* * * * * * *
Sec. 13102. Definitions
In this part, the following definitions shall apply:
(1) * * *
* * * * * * *
(6) Foreign motor carrier.--The term ``foreign motor
carrier'' means a person (including a motor carrier of
property but excluding a motor private carrier)--
(A) * * *
(B) in the case of a person that is not a
motor carrier of property, that provides
interstate transportation of property by [motor
vehicle] commercial motor vehicle (as defined
in section 31132) under an agreement or
contract entered into with a motor carrier of
property (other than a motor private carrier or
a motor carrier of property described in
subparagraph (A)).
(7) Foreign motor private carrier.--The term
``foreign motor private carrier'' means a person
(including a motor private carrier but excluding a
motor carrier of property)--
(A) * * *
(B) in the case of a person that is not a
motor private carrier, that provides interstate
transportation of property by [motor vehicle]
commercial motor vehicle (as defined in section
31132) under an agreement or contract entered
into with a person (other than a motor carrier
of property or a motor private carrier
described in subparagraph (A)).
* * * * * * *
(12) Motor carrier.--The term ``motor carrier'' means
a person providing [motor vehicle] commercial motor
vehicle (as defined in section 31132) transportation
for compensation.
(13) Motor private carrier.--The term ``motor private
carrier'' means a person, other than a motor carrier,
transporting property by [motor vehicle] commercial
motor vehicle (as defined in section 31132) when--
(A) * * *
* * * * * * *
CHAPTER 139--REGISTRATION
* * * * * * *
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
(A) * * *
[(B) any safety regulations imposed by the
Secretary and the safety fitness requirements
established by the Secretary under section
31144; and]
(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. 13903. Registration of freight forwarders
(a) In General.--[The Secretary]
(1) Household goods.--The Secretary shall register a
person to provide service subject to jurisdiction under
subchapter III of chapter 135 as a freight forwarder of
household goods if the Secretary finds 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 the Board.
(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. 13908. Registration and other reforms
(a) Regulations Replacing Certain Programs.--The Secretary,
in cooperation with the States, and after notice and
opportunity for public comment, shall issue regulations to
replace the current Department of Transportation identification
number system, [the single State registration system under
section 14504,] the registration system contained in this
chapter, and the financial responsibility information system
under section 13906 with a single, on-line, Federal system. The
new system shall serve as a clearinghouse and depository of
information on and identification of all foreign and domestic
motor carriers, brokers, and freight forwarders, and others
required to register with the Department as well as information
on safety fitness and compliance with required levels of
financial responsibility. In issuing the regulations, the
Secretary shall consider whether or not to integrate the
requirements of section 13304 into the new system and may
integrate such requirements into the new system.
(b) Factors To Be Considered.--In conducting the rulemaking
under subsection (a), the Secretary shall, at a minimum,
consider the following factors:
(1) * * *
[(2) Whether the existing single State registration
system is duplicative and burdensome.
[(3) The justification and need for collecting the
statutory fee for such system under section
14504(c)(2)(B)(iv).]
[(4)] (2) The public safety.
[(5)] (3) The efficient delivery of transportation
services.
[(6)] (4) How, and under what conditions, to extend
the registration system to motor private carriers and
to carriers exempt under sections 13502, 13503, and
13506.
* * * * * * *
[(d) State Registration Programs.--If the Secretary
determines that no State should require insurance filings or
collect fees for such filings (including filings and fees
authorized under section 14504), the Secretary may prevent any
State or political subdivision thereof, or any political
authority of 2 or more States, from imposing any insurance
filing requirements or fees that are for the same purposes as
filings or fees the Secretary requires under the new system
under subsection (a). The Secretary may not take any action
pursuant to this subsection unless--
[(1) fees that will be collected by the Secretary
under subsection (c) and distributed in each fiscal
year to the States will provide each State with at
least as much revenue as that State received in fiscal
year 1995 under section 11506, as in effect on December
31, 1995; and
[(2) all States will receive from the distribution of
such fees a minimum apportionment.]
[(e) Deadline for Conclusion; Modifications.--Not later than
24 months after January 1, 1996,] (d) Deadline for
Completion.--Not later than 1 year after the date of enactment
of the Transportation Equity Act: A Legacy for Users, the
Secretary--
(1) * * *
* * * * * * *
CHAPTER 141--OPERATIONS OF CARRIERS
* * * * * * *
Sec. 14104. Household goods carrier operations
(a) * * *
(b) Estimates.--
[(1) Authority to provide without compensation.--
Every motor carrier providing transportation of
household goods subject to jurisdiction under
subchapter I of chapter 135, upon request of a
prospective shipper, may provide the shipper with an
estimate of charges for transportation of household
goods and for the proposed services. The Secretary
shall not prohibit any such carrier from charging a
prospective shipper for providing a written, binding
estimate for the transportation and proposed services.]
(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.
* * * * * * *
CHAPTER 145--FEDERAL-STATE RELATIONS
Sec.
14501. Federal authority over intrastate transportation.
* * * * * * *
[14504. Registration of motor carriers by a State.]
* * * * * * *
14506. Enforcement of Federal regulations by State attorneys general.
Sec. 14501. Federal authority over intrastate transportation
(a) * * *
* * * * * * *
(c) Motor Carriers of Property.--
(1) * * *
(2) Matters not covered.--Paragraph (1)--
(A) * * *
(B) does not apply to the intrastate
transportation of household goods; and
* * * * * * *
[Sec. 14504. Registration of motor carriers by a State
[(a) Definitions.--In this section, the terms ``standards''
and ``amendments to standards'' mean the specification of forms
and procedures required by regulations of the Secretary to
prove the lawfulness of transportation by motor carrier
referred to in section 13501.
[(b) General Rule.--The requirement of a State that a motor
carrier, providing transportation subject to jurisdiction under
subchapter I of chapter 135 and providing transportation in
that State, must register with the State is not an unreasonable
burden on transportation referred to in section 13501 when the
State registration is completed under standards of the
Secretary under subsection (c). When a State registration
requirement imposes obligations in excess of the standards of
the Secretary, the part in excess is an unreasonable burden.
[(c) Single State Registration System.--
[(1) In general.--The Secretary shall maintain
standards for implementing a system under which--
[(A) a motor carrier is required to register
annually with only one State by providing
evidence of its Federal registration under
chapter 139;
[(B) the State of registration shall fully
comply with standards prescribed under this
section; and
[(C) such single State registration shall be
deemed to satisfy the registration requirements
of all other States.
[(2) Specific requirements.--
[(A) Evidence of federal registration; proof
of insurance; payment of fees.--Under the
standards of the Secretary implementing the
single State registration system described in
paragraph (1) of this subsection, only a State
acting in its capacity as registration State
under such single State system may require a
motor carrier registered by the Secretary under
this part--
[(i) to file and maintain evidence of
such Federal registration;
[(ii) to file satisfactory proof of
required insurance or qualification as
a self-insurer;
[(iii) to pay directly to such State
fee amounts in accordance with the fee
system established under subparagraph
(B)(iv) of this paragraph, subject to
allocation of fee revenues among all
States in which the carrier operates
and which participate in the single
State registration system; and
[(iv) to file the name of a local
agent for service of process.
[(B) Receipts; fee system.--The standards of
the Secretary--
[(i) shall require that the
registration State issue a receipt, in
a form prescribed under the standards,
reflecting that the carrier has filed
proof of insurance as provided under
subparagraph (A)(ii) of this paragraph
and has paid fee amounts in accordance
with the fee system established under
clause (iv) of this subparagraph;
[(ii) shall require that copies of
the receipt issued under clause (i) of
this subparagraph be kept in each of
the carrier's commercial motor
vehicles;
[(iii) shall not require decals,
stamps, cab cards, or any other means
of registering or identifying specific
vehicles operated by the carrier;
[(iv) shall establish a fee system
for the filing of proof of insurance as
provided under subparagraph (A)(ii) of
this paragraph that--
[(I) is based on the number
of commercial motor vehicles
the carrier operates in a State
and on the number of States in
which the carrier operates;
[(II) minimizes the costs of
complying with the registration
system; and
[(III) results in a fee for
each participating State that
is equal to the fee, not to
exceed $10 per vehicle, that
such State collected or charged
as of November 15, 1991; and
[(v) shall not authorize the charging
or collection of any fee for filing and
maintaining evidence of Federal
registration under subparagraph (A)(i)
of this paragraph.
[(C) Prohibited fees.--The charging or
collection of any fee under this section that
is not in accordance with the fee system
established under subparagraph (B)(iv) of this
paragraph shall be deemed to be a burden on
interstate commerce.
[(D) Limitation on participation by states.--
Only a State which, as of January 1, 1991,
charged or collected a fee for a vehicle
identification stamp or number under part 1023
of title 49, Code of Federal Regulations, shall
be eligible to participate as a registration
State under this subsection or to receive any
fee revenue under this subsection.]
* * * * * * *
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.
* * * * * * *
CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
* * * * * * *
Sec. 14708. Dispute settlement program for household goods carriers
(a) Offering Shippers Arbitration.--As a condition of
registration under section 13902 or 13903, a carrier providing
transportation of household goods subject to jurisdiction under
subchapter I or III of chapter 135 must agree to offer in
accordance with this section to shippers of household goods
arbitration as a means of settling disputes between such
carriers and shippers of household goods concerning damage or
loss to the household goods transported 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) Arbitration Requirements.--
(1) * * *
* * * * * * *
(6) Requests.--The carrier must not require the
shipper to agree to utilize arbitration prior to the
time that a dispute arises. If the dispute involves a
claim for [$5,000] $10,000 or less and the shipper
requests arbitration, such arbitration shall be binding
on the parties. If the dispute involves a claim for
more than [$5,000] $10,000 and the shipper requests
arbitration, such arbitration shall be binding on the
parties only if the carrier agrees to arbitration.
* * * * * * *
(8) Deadline for decision.--The arbitrator must, as
expeditiously as possible but at least within 60 days
of receipt of written notification of the dispute,
render a decision based on the information gathered;
except that, in any case in which a party to the
dispute fails to provide in a timely manner any
information concerning such dispute which the person
settling the dispute may reasonably require to resolve
the dispute, the arbitrator may extend such 60-day
period for a reasonable period of time. A decision
resolving a dispute may include any remedies
appropriate under the circumstances, including repair,
replacement, refund, reimbursement for expenses, [and]
compensation for damages, and an order requiring the
payment of additional carrier charges.
* * * * * * *
(d) Attorney's Fees to Shippers.--In any court action to
resolve a dispute between a shipper of household goods and a
carrier providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135
concerning the transportation of household goods by such
carrier, the shipper shall be awarded reasonable attorney's
fees if--
(1) * * *
* * * * * * *
(3)(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;
[(A)] (B) a decision resolving the dispute was not
rendered through arbitration under this section within
the period provided under subsection (b)(8) of this
section or an extension of such period under such
subsection; or
[(B)] (C) the court proceeding is to enforce a
decision rendered through arbitration under this
section and is instituted after the period for
performance under such decision has elapsed.
* * * * * * *
CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
Sec.
14901. General civil penalties.
* * * * * * *
14915. Holding household goods hostage.
Sec. 14901. General civil penalties
(a) * * *
* * * * * * *
(d) Protection of Household Goods Shippers.--[If a carrier]
(1) In general.--If a carrier providing
transportation of household goods subject to
jurisdiction under subchapter I or III of chapter 135
or a receiver or trustee of such carrier fails or
refuses to comply with any regulation issued by the
Secretary or the Board relating to protection of
individual shippers, such carrier, receiver, or trustee
is liable to the United States for a civil penalty of
not less than $1,000 for each violation and for each
additional day during which the violation continues.
(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. 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.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
[SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS]
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
Sec.
31100. Purpose.
* * * * * * *
[31107. Contract authority funding for information systems.
[31108. Authorization of appropriations.]
31107. Border enforcement grants.
31108. Motor carrier research and technology program.
31109. Performance and registration information system management.
* * * * * * *
Subchapter IV--Miscellaneous
31161. International cooperation.
[SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS]
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
* * * * * * *
Sec. 31102. Grants to States
(a) * * *
(b) State Plan Procedures and Contents.--(1) The Secretary
shall prescribe procedures for a State to submit a plan under
which the State agrees to assume responsibility for improving
motor carrier safety and to adopt and enforce regulations,
standards, and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation safety, or
compatible State regulations, standards, and orders. The
Secretary shall approve the plan if the Secretary decides the
plan is adequate to promote the objectives of this section and
the plan--
[(A) implements performance-based activities by
fiscal year 2000;]
(A) implements performance-based activities,
including deployment of technology to enhance the
efficiency and effectiveness of commercial motor
vehicle safety programs;
* * * * * * *
[(Q) provides that the State will establish a program
to ensure the proper and timely correction of
commercial motor vehicle safety violations noted during
an inspection carried out with funds authorized under
section 31104;]
(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;
(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued
thereunder;
(S) ensures consistent, effective, and reasonable
sanctions; [and]
(T) ensures that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement personnel[.];
(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
prohibiting the operation of 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.
(3) In estimating the average level of State expenditure
under paragraph [(1)(D)] (1)(E) of this subsection, the
Secretary--
(A) * * *
* * * * * * *
[(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a) of this
section 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:
[(1) 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.
[(2) 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.
[(3) enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles.]
(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.
* * * * * * *
(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.
Sec. 31103. United States Government's share of costs
(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under section
31102(b)[(1)(D)] (1)(E) of this title may not be included as
part of the share not provided by the United States Government.
The Secretary may allocate among the States whose applications
for grants have been approved those amounts appropriated for
grants to support those programs, under criteria that may be
established.
* * * * * * *
Sec. 31104. Availability of amounts
[(a) In General.--The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur
obligations to carry out section 31102:
[(1) Not more than $79,000,000 for fiscal year 1998.
[(2) Not more than $90,000,000 for fiscal year 1999.
[(3) Not more than $95,000,000 for fiscal year 2000.
[(4) Not more than $100,000,000 for fiscal year 2001.
[(5) Not more than $105,000,000 for fiscal year 2002.
[(6) Not more than $110,000,000 for fiscal year 2003.
[(7) Not more than $169,000,000 for fiscal year 2004.
[(8) Not more than $112,512,329 for the period of
October 1, 2004, through May 31, 2005.]
(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) $188,852,000 for fiscal year 2004;
(2) $188,480,000 for fiscal year 2005;
(3) $188,000,000 for fiscal year 2006;
(4) $197,000,000 for fiscal year 2007;
(5) $202,000,000 for fiscal year 2008; and
(6) $209,000,000 for fiscal year 2009.
* * * * * * *
(f) Allocation Criteria and Eligibility.--
(1) In general.--On October 1 of each fiscal year or
as soon after that date as practicable and after making
the [deduction under subsection (e)] deductions under
subsection (e) and paragraphs (2) and (3), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among the
States with plans approved under section 31102. Such
allocation shall be made under such criteria as the
Secretary prescribes by regulation.
(2) High-priority [and border activities.--
[(A) High-priority activities and projects.--
The Secretary may designate up to 5 percent]
activities.--The Secretary may designate up to
10 percent of amounts available for allocation
under paragraph (1) for States, local
governments, and other persons for carrying out
high priority activities and projects that
improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety
regulations, including activities and projects
that are national in scope, increase public
awareness and education, [or] demonstrate new
technologies, or improve the quality and
accuracy of data provided by the State. The
amounts designated under this subparagraph
shall be allocated by the Secretary to State
agencies, local governments, and other persons
that use and train qualified officers and
employees in coordination with State motor
vehicle safety agencies.
[(B) Border commercial motor vehicle safety
and enforcement programs.--The Secretary may
designate up to 5 percent of amounts available
for allocation under paragraph (1) for States,
local governments, and other persons for
carrying out border commercial motor vehicle
safety programs and enforcement activities and
projects. The amounts designated under this
subparagraph shall be allocated by the
Secretary to State agencies, local governments,
and other persons that use and train qualified
officers and employees in coordination with
State motor vehicle safety agencies.]
* * * * * * *
(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).
* * * * * * *
(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) $173,450,000 for fiscal year 2004;
(B) $254,849,000 for fiscal year 2005;
(C) $215,000,000 for fiscal year 2006;
(D) $230,000,000 for fiscal year 2007;
(E) $234,000,000 for fiscal year 2008; and
(F) $240,000,000 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.
* * * * * * *
Sec. 31106. Information systems
(a) Information Systems and Data Analysis.--
(1) * * *
* * * * * * *
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) * * *
* * * * * * *
(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
[and]
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate[.];
(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.
* * * * * * *
(b) Performance and Registration Information
Program.--
(1) * * *
[(2) Design.--The program shall link Federal motor
carrier safety information systems with State driver
and 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) decide, in cooperation with the
Secretary, whether and what types of sanctions
or operating limitations to impose on the motor
carrier or registrant to ensure safety.
[(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 authority to impose
commercial motor vehicle registration sanctions
on the basis of a Federal safety fitness
determination.
[(4) Funding.--The Secretary may make available up to
50 percent of the amounts available to carry out this
section by section 31107 in each of fiscal years 1998,
1999, 2000, 2001, 2002, and 2003 to carry out this
subsection. The Secretary is encouraged to direct no
less than 80 percent of amounts made available to carry
out this subsection to States that have not previously
received financial assistance to develop or implement
the information systems authorized by this section.]
(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.
* * * * * * *
[Sec. 31107. Contract authority funding for information systems
[(a) Funding.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title--
[(1) $6,000,000 for fiscal year 1998;
[(2) $10,000,000 for each of fiscal years 1999 and
2000;
[(3) $12,000,000 for each of fiscal years 2001
through 2002;
[(4) $15,000,000 for fiscal year 2003;
[(5) $20,000,000 for the fiscal year 2004; and
[(6) $13,315,068 for the period of October 1, 2004
through May 31, 2005.
The amounts made available under this subsection shall remain
available until expended.
[(b) Contract Authority.--Approval by the Secretary of a
grant with funds made available under this section imposes upon
the United States Government a contractual obligation for
payment of the Government's share of costs incurred in carrying
out the objectives of the grant.
[(c) Emergency CDL Grants.--From amounts made available by
subsection (a) for a fiscal year, the Secretary of
Transportation may make a grant of up to $1,000,000 to a State
whose commercial driver's license program may fail to meet the
compliance requirements of section 31311(a).
[Sec. 31108. Authorization of appropriations
[Not more than $--------- may be appropriated to the
Secretary of Transportation for the fiscal year ending
September 30, 19--, to carry out the safety duties and powers
of the Federal Highway Administration.]
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) Governments 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.
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) Multiyear 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.).
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.
* * * * * * *
SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(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.--(1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that--
(A) * * *
* * * * * * *
(D) imposes a vehicle length limitation of not less
than or more than 97 feet on a driveaway saddlemount
with fullmount vehicle transporter combinations;
[(D)] (E) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more than 28.5
feet in length, in a truck tractor-semitrailer-trailer
combination if the semitrailer or trailer was operating
lawfully on December 1, 1982, within a 65-foot overall
length limit in any State; or
[(E)] (F) imposes a limitation of less than 46 feet
on the distance from the kingpin to the center of the
rear axle on trailers used exclusively or primarily in
connection with motorsports competition events.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31132. Definitions
In this subchapter--
(1) ``commercial motor vehicle'' means a self-
propelled or towed vehicle (including intermodal
equipment, including trailers, chassis and associated
devices, commonly used for the transportation of
intermodal freight via highway) used on the highways in
interstate commerce to transport passengers or
property, if the vehicle--
(A) * * *
* * * * * * *
Sec. 31135. Duties of employers and employees
(a) In General.--Each employer and employee shall comply with
regulations on commercial motor vehicle safety prescribed by
the Secretary of Transportation under this subchapter that
apply to the employer's or employee's conduct.
(b) Pattern of Noncompliance.--If the Secretary finds that an
officer of a motor carrier engages or has engaged in a pattern
or practice of avoiding compliance, or masking or otherwise
concealing noncompliance, with regulations on commercial motor
vehicle safety prescribed under this subchapter, while serving
as an officer of any motor carrier, the Secretary may suspend,
amend, or revoke any part of the motor carrier's registration
under section 13905.
(c) Regulations.--The Secretary shall by regulation establish
standards to implement subsection (b).
(d) Definitions.--In this section, the following definitions
apply:
(1) Motor carrier.--The term ``motor carrier'' has
the meaning such term has under section 13102.
(2) Officer.--The term ``officer'' means an owner,
director, 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, and any person, however designated,
exercising controlling influence over the operations of
a motor carrier.
* * * * * * *
Sec. 31136. United States Government regulations
(a) * * *
* * * * * * *
(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.
* * * * * * *
Sec. 31138. Minimum financial responsibility for transporting
passengers
(a) * * *
* * * * * * *
(d) Civil Penalty.--(1) * * *
* * * * * * *
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the [Treasury as miscellaneous
receipts] Highway Trust Fund (other than the Mass Transit
Account).
* * * * * * *
Sec. 31139. Minimum financial responsibility for transporting property
(a) * * *
* * * * * * *
(f) Civil Penalty.--(1) * * *
* * * * * * *
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the [Treasury as miscellaneous
receipts] Highway Trust Fund (other than the Mass Transit
Account).
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
[(a) In General.--The Secretary shall--
[(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
[(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.]
(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.
* * * * * * *
(c) Prohibited Transportation.--
(1) * * *
* * * * * * *
(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.
(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 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.
[(d)] (e) Review of Fitness Determinations.--
(1) * * *
* * * * * * *
[(e)] (f) Prohibited Government Use.--A department, agency,
or instrumentality of the United States Government may not use
to provide any transportation service an owner or operator who
the Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
* * * * * * *
[(c)] (g) Safety Reviews of New Operators.--
(1) * * *
* * * * * * *
(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.
* * * * * * *
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.
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
Sec.
31301. Definitions.
* * * * * * *
[31313. [Repealed.]]
31313. Grants for commercial driver's license program improvements.
* * * * * * *
Sec. 31310. Disqualifications
(a) * * *
* * * * * * *
(i) Out-of-Service Orders.--(1) * * *
* * * * * * *
(2) [Not later than December 18, 1992, the] The Secretary
shall prescribe regulations establishing sanctions and
penalties related to violations of out-of-service orders by
individuals operating commercial motor vehicles. The
regulations shall require at least that--
(A) an operator of a commercial motor vehicle found
to have committed a first violation of an out-of-
service order shall be disqualified from operating such
a vehicle for at least [90 days] 180 days and liable
for a civil penalty of at least [$1,000] $2,500;
(B) an operator of a commercial motor vehicle found
to have committed a 2d violation of an out-of-service
order shall be disqualified from operating such a
vehicle for at least [one year] 2 years and not more
than 5 years and liable for a civil penalty of at least
[$1,000; and] $5,000;
(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be liable
for a civil penalty of not more than [$10,000.]
$25,000; and
(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. 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.
Sec. 31314. Withholding amounts for State noncompliance
(a) First Fiscal Year.--The Secretary of Transportation shall
withhold up to 5 percent of the amount required to be
apportioned to a State under section 104(b)(1), (3), and (4) of
title 23 on the first day of the fiscal year after the first
fiscal year beginning after September 30, 1992, throughout
which the State does not comply substantially with a
requirement of section 31311(a) of this title.
(b) Second Fiscal Year.--The Secretary shall withhold up to
10 percent of the amount required to be apportioned to a State
under section 104(b)(1), (3), and (4) of title 23 on the first
day of each fiscal year after the 2d fiscal year beginning
after September 30, 1992, throughout which the State does not
comply substantially with a requirement of section 31311(a) of
this title.
* * * * * * *
CHAPTER 315--MOTOR CARRIER SAFETY
* * * * * * *
Sec. 31502. Requirements for qualifications, hours of service, safety,
and equipment standards
(a) * * *
* * * * * * *
(e) Exception.--
(1) * * *
(2) Declaration of emergency.--An elected State or
local government official or elected officials of more
than one State or local government jointly may issue an
emergency declaration for purposes of paragraph (1)
after notice to the [Regional Director of the Federal
Highway Administration] Field Administrator of the
Federal Motor Carrier Safety Administration with
jurisdiction over the area covered by the declaration.
(3) Incident report.--Within 30 days after the end of
the declared emergency period the official who issued
the emergency declaration shall file with the [Regional
Director] Field Administrator a report of each safety-
related incident or accident that occurred during the
emergency period involving--
(A) * * *
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
Part A--Title 23 Programs
* * * * * * *
SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.
* * * * * * *
(b) [Value Pricing] Congestion Pricing Pilot Program.--[(1)
The Secretary shall solicit the participation of State and
local governments and public authorities for one or more value
pricing pilot programs. The Secretary may enter into
cooperative agreements with as many as 15 such State or local
governments or public authorities to establish, maintain, and
monitor value pricing programs.]
(1) Establishment.--
(A) In general.--The Secretary may enter into
cooperative agreements with State and local
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.
[(2) Notwithstanding]
(2) Federal share; eligible costs.--Notwithstanding
section 129 of title 23, United States Code, the
Federal share payable for such [programs] projects
shall be 80 percent. The Secretary shall fund all
preimplementation costs and project design, and all of
the development and other start up costs of such
projects, including salaries and expenses, for a period
of at least 1 year, and thereafter until such time that
sufficient revenues are being generated by the
[program] project to fund its operating costs without
Federal participation, except that the Secretary may
not fund the preimplementation or implementation costs
of any project for more than 3 years.
[(3) Revenues]
(3) Use of revenues.--Revenues generated by any pilot
project under this subsection must be applied to
projects eligible under such title.
[(4) Notwithstanding]
(4) Use of tolls on interstate system.--
Notwithstanding sections 129 and 301 of title 23,
United States Code, the Secretary shall allow the use
of tolls on the Interstate System as part of any [value
pricing pilot program] congestion pricing pilot project
under this subsection.
[(5) The Secretary]
(5) Monitoring.--The Secretary shall monitor the
effect of such [programs] projects for a period of at
least 10 years, and shall report to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives every 2 years on the effects
such [programs] projects are having on driver behavior,
traffic volume, transit ridership, air quality, and
availability of funds for transportation programs.
(6) HOV passenger requirements.--Notwithstanding
section 102(a) of title 23, United States Code, a State
may permit vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicles
are part of a [value pricing pilot program] congestion
pricing pilot project under this subsection.
[(7) Financial effects on low-income drivers.--Any
value pricing pilot program under this subsection shall
include, if appropriate, an analysis of the potential
effects of the pilot program on low-income drivers and
may include mitigation measures to deal with any
potential adverse financial effects on low-income
drivers.]
(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.
(8) Funding.--
(A) * * *
* * * * * * *
(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.
* * * * * * *
SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.
(a) * * *
* * * * * * *
(h) Over-the-Road Buses and Public Transit Vehicles.--
(1) Temporary exemption.--The second sentence of
section 127 of title 23, United States Code, relating
to axle weight limitations for vehicles using the
Dwight D. Eisenhower System of Interstate and Defense
Highways, shall not apply, for the period beginning on
October 6, 1992, and ending on October 1, [2005] 2009,
to--
(A) * * *
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) * * *
* * * * * * *
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1) * * *
* * * * * * *
(23) The Interstate Route 35 Corridor from Laredo,
Texas, through Oklahoma City, Oklahoma, to Wichita,
Kansas, to Kansas City, Kansas/Missouri, to Des Moines,
Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota,
including I-29 between Kansas City and the Canadian
border 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.
* * * * * * *
[(34) The Alameda Corridor East and Southwest
Passage, California. The Alameda Corridor East is
generally described as 52.8 miles from east Los Angeles
(terminus of Alameda Corridor) through the San Gabriel
Valley terminating at Colton Junction in San
Bernardino. The Southwest Passage shall follow I-10
from San Bernardino to the Arizona State line and I-8
from San Diego to the Arizona State line.]
(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.
* * * * * * *
(45) The United States Route 78 Corridor from
Memphis, Tennessee, to Corridor X of the Appalachian
development highway system near Fulton, Mississippi,
and Corridor X of the Appalachian development highway
system extending from near Fulton, Mississippi, to near
Birmingham, Alabama.
(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 of and
parallel to Arkansas State Highway 226 from the
relocation of United States Route 67 to the vicinity of
United States Route 49 and United States Route 63.
(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.
(55) In Texas, Interstate Route 20 from Interstate
Route 35E in Dallas County, east to the intersection of
Interstate Route 635, north to the intersection of
Interstate Route 30, northeast through Texarkana to
Little Rock, Arkansas, Interstate Route 40 northeast
from Little Rock east to the proposed Interstate Route
69 corridor.
(56) In the State of Texas, the La Entrada al
Pacifico Corridor consisting of the following highways
and any portion of a highway in a corridor on 2 miles
of either side of the center line of the highway:
(A) State Route 349 from Lamesa to the point
on that highway that is closest to 32 degrees,
7 minutes, north latitude, by 102 degrees, 6
minutes, west longitude.
(B) The segment or any roadway extending from
the point described by subparagraph (A) to the
point on Farm-to-Market Road 1788 closest to 32
degrees, 0 minutes, north latitude, by 102
degrees, 16 minutes, west longitude.
(C) Farm-to-Market Road 1788 from the point
described by subparagraph (B) to its
intersection with Interstate Route 20.
(D) Interstate Route 20 from its intersection
with Farm-to-Market Road 1788 to its
intersection with United States Route 385.
(E) United States Route 385 from Odessa to
Fort Stockton, including those portions that
parallel United States Route 67 and Interstate
Route 10.
(F) United States Route 67 from Fort Stockton
to Presidio, including those portions that
parallel Interstate Route 10 and United States
Route 90.
(57) United States Route 41 corridor between
Interstate Route I-94 near Milwaukee and Interstate
Route I-43 near Green Bay in the State of Wisconsin.
* * * * * * *
TITLE III--FEDERAL TRANSIT ACT AMENDMENTS OF 1991
* * * * * * *
SEC. 3031. NEW JERSEY URBAN CORE PROJECT.
(a) * * *
* * * * * * *
(d) Elements of Urban Core Project.--For the purposes of this
section, the New Jersey Urban Core Project consists of the
following elements: Secaucus Transfer (including relocation and
construction of the Bergen County and Pascack Valley Rail Lines
and the relocation of the Main/Bergen Connection with
construction of a rail station and [associated components to
and at the contiguous New Jersey Meadowlands Sports Complex),]
to and at the contiguous New Jersey Meadowlands Sports
Complex), including a connection to the Hudson River Waterfront
Transportation System, the Lackawanna Cutoff, Kearny
Connection, Waterfront Connection, Northeast Corridor Signal
System, Hudson River Waterfront Transportation System
(including a connection from the Vince Lombardi Station to
Saddlebrook and Edgewater), restoration of commuter rail
service along the Northern Branch Line or the West Shore Line,
Newark-Newark International Airport-Elizabeth Transit Link
(including construction of an auxiliary New Jersey Light Rail
Transit station, providing access from the Newark-Newark
International Airport-Elizabeth Light Rail Transit Link to the
Newark International Airport), a rail connection between Penn
Station Newark and Broad Street Station, Newark, New York Penn
Station Concourse, the restoration of commuter rail service [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)] from
Lakehurst to the Northeast Corridor or the New Jersey Coast
Line, a light rail extension of the Newark-Newark International
Airport-Elizabeth Light Rail Transit Link from Elizabeth, New
Jersey, to the towns of Cranford, Westfield, Fanwood, and
Plainfield in Union County, New Jersey, and any appropriate
light rail connections and alignments within the city of
Elizabeth to be determined by the city of Elizabeth and the New
Jersey Department of Transportation (and which shall include
connecting midtown Elizabeth to Route 1 Park and Ride, the
Elizabeth Car House Museum, Division Street, Singer Place,
Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D at
Newark Airport) and any appropriate fixed guideway system in
Passaic County, and the equipment needed to operate revenue
service associated with improvements made by the project. The
project includes elements advanced with 100 percent non-Federal
funds.
* * * * * * *
----------
SECTION 351 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 2001
[Sec. 351. Notwithstanding any other provision of law,
beginning in fiscal year 2004, the Secretary shall withhold 2
percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3),
and (4) of section 104(b) of title 23, United States Code, if a
State has not enacted and is not enforcing a provision
described in section 163(a) of chapter 1 of title 23, United
States Code, in fiscal year 2005, the Secretary shall withhold
4 percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3),
and (4) of section 104(b) of title 23, United States Code, if a
State has not enacted and is not enforcing a provision
described in section 163(a) of title 23, United States Code; in
fiscal year 2006, the Secretary shall withhold 6 percent of the
amount required to be apportioned for Federal-aid highways to
any State under each of paragraphs (1), (3), and (4) of section
104(b) of title 23, United States Code, if a State has not
enacted and is not enforcing a provision described in section
163(a) of title 23, United States Code; and beginning in fiscal
year 2007, and in each fiscal year thereafter, the Secretary
shall withhold 8 percent of the amount required to be
apportioned for Federal-aid highways to any State under each of
paragraphs (1), (3), and (4) of section 104(b) of title 23,
United States Code, if a State has not enacted and is not
enforcing a provision described in section 163(a) of title 23,
United States Code. If within four years from the date the
apportionment for any State is reduced in accordance with this
section the Secretary determines that such State has enacted
and is enforcing a provision described in section 163(a) of
chapter 1 of title 23, United States Code, the apportionment of
such State shall be increased by an amount equal to such
reduction. If at the end of such four-year period, any State
has not enacted and is not enforcing a provision described in
section 163(a) of title 23, United States Code, any amounts so
withheld shall lapse.]
* * * * * * *
----------
SECTION 124 OF THE TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES
APPROPRIATIONS ACT, 2004
(Title I of division F of the Consolidated Appropriations Act, 2004)
* * * * * * *
[Sec. 124. Motorist Information Concerning Pharmacy Services.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
amend the Manual on Uniform Traffic Control Devices to include
a provision permitting information to be provided to motorists
to assist motorists in locating licensed 24-hour pharmacy
services open to the public.
[(b) Logo Panel.--The provision under subsection (a) may
allow placement of a logo panel that displays information
disclosing the names or logos of pharmacies described in
subsection (a) that are located within 3 miles of an
interchange on the Federal-aid system (as defined in section
101 of title 23, United States Code).]
----------
SECTION 14102 OF TITLE 4O, UNITED STATES CODE
Sec. 14102. Definitions
(a) Definitions.--In this subtitle--
(1) Appalachian region.--The term ``Appalachian
region'' means that area of the eastern United States
consisting of the following counties (including any
political subdivision located within the area):
(A) * * *
* * * * * * *
(C) In Kentucky, the counties of Adair, Bath,
Bell, Boyd, Breathitt, Carter, Casey, Clark,
Clay, Clinton, Cumberland, Edmonson, Elliott,
Estill, Fleming, Floyd, Garrard, Green,
Greenup, Harlan, Hart, Jackson, Johnson, Knott,
Knox, Laurel, Lawrence, Lee, Leslie, Letcher,
Lewis, Lincoln, McCreary, Madison, Magoffin,
Martin, Menifee, Monroe, Montgomery, Morgan,
Nicholas, Owsley, Perry, Pike, Powell, Pulaski,
Robertson, Rockcastle, Rowan, Russell, Wayne,
Whitley, and Wolfe.
* * * * * * *
(H) In Ohio, the counties of Adams,
Ashtabula, Athens, Belmont, Brown, Carroll,
Clermont, Columbiana, Coshocton, Fayette,
Gallia, Guernsey, Harrison, Highland, Hocking,
Holmes, Jackson, Jefferson, Lawrence, Mahoning,
Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Ross, Scioto, Trumbull, Tuscarawas,
Vinton, and Washington.
* * * * * * *
(K) In Tennessee, the counties of Anderson,
Bledsoe, Blount, Bradley, Campbell, Cannon,
Carter, Claiborne, Clay, Cocke, Coffee,
Cumberland, De Kalb, Fentress, Franklin, Giles,
Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson,
Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn,
Macon, Marion, Meigs, Monroe, Morgan, Overton,
Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi,
Union, Van Buren, Warren, Washington, and
White.
(L) In Virginia, the counties of Alleghany,
Bath, Bland, Botetourt, Buchanan, Carroll,
Craig, Dickenson, Floyd, Giles, Grayson, Henry,
Highland, Lee, Montgomery, Patrick, Pulaski,
Rockbridge, Russell, Scott, Smyth, Tazewell,
Washington, Wise, and Wythe.
* * * * * * *
----------
SECTION 3 OF THE SMALL BUSINESS ACT
Sec. 3. (a) * * *
* * * * * * *
(p) Definitions Relating to HUBZones.--In this Act:
(1) * * *
* * * * * * *
(4) Qualified areas.--
(A) * * *
(B) Qualified nonmetropolitan county.--The
term ``qualified nonmetropolitan county'' means
any county--
(i) * * *
(ii) in which--
(I) the median household
income is less than 80 percent
of the nonmetropolitan State
median household income, based
on the most recent data
available from the Bureau of
the Census of the Department of
Commerce; [or]
(II) the unemployment rate is
not less than 140 percent of
the average unemployment rate
for the United States or for
the State in which such county
is located, whichever is less,
based on the most recent data
available from the Secretary of
Labor[.]; or
(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.
* * * * * * *
----------
SECTION 176 OF THE CLEAN AIR ACT
limitations on certain federal assistance
Sec. 176.
(c)(1) * * *
* * * * * * *
(2) Any transportation plan or program developed pursuant to
title 23, United States Code, or the Urban Mass Transportation
Act shall implement the transportation provisions of any
applicable implementation plan approved under this Act
applicable to all or part of the area covered by such
transportation plan or program. No Federal agency may approve,
accept or fund any transportation plan, program or project
unless such plan, program or project has been found to conform
to any applicable implementation plan in effect under this Act.
In particular--
(A) * * *
* * * * * * *
(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.
* * * * * * *
(4)(A) No later than [one year after the date of enactment of
the Clean Air Act Amendments of 1990] one year after the date
of enactment of the Transportation Equity Act: A Legacy for
Users, the Administrator shall promulgate criteria and
procedures for determining conformity (except in the case of
transportation plans, programs, and projects) of, and for
keeping the Administrator informed about, the activities
referred to in paragraph (1). No later than one year after such
date of enactment, the Administrator, with the concurrence of
the Secretary of Transportation, shall promulgate criteria and
procedures for demonstrating and assuring conformity in the
case of transportation plans, programs, and projects. A suit
may be brought against the Administrator and the Secretary of
Transportation under section 304 to compel promulgation of such
criteria and procedures and the Federal district court shall
have jurisdiction to order such promulgation.
(B) The procedures and criteria shall, at a minimum--
(i) * * *
[(ii) address the appropriate frequency for making
conformity determinations, but in no case shall such
determinations for transportation plans and programs be
less frequent than every three years; and]
(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)).
* * * * * * *
(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).
(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 subparagraph (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).
(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.
* * * * * * *
----------
SECTION 2342 OF TITLE 28, UNITED STATES CODE
Sec. 2342. Jurisdiction of court of appeals
The court of appeals (other than the United States Court
of Appeals for the Federal Circuit) has exclusive jurisdiction
to enjoin, set aside, suspend (in whole or in part), or to
determine the validity of--
(1) * * *
* * * * * * *
(3) all rules, regulations, or final orders of--
(A) the Secretary of Transportation issued
pursuant to section 2, 9, 37, or 41 of the
Shipping Act, 1916 (46 U.S.C. App. 802, 803,
808, 835, 839, and 841a) or pursuant to part B
or C of subtitle IV, subchapter III of chapter
311, chapter 313, or chapter 315 of title 49;
and
* * * * * * *
----------
SECTION 345 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(a) Exemptions.--
[(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 and is during
the planting and harvesting seasons within such State,
as determined by the State.]
(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
during planting and harvest periods, as determined by
each State 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.
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of
a driver of a commercial motor vehicle who is used
primarily in the transportation and operation of a
ground water well drilling rig, permit any period of 7
or 8 consecutive days to end with the beginning of an
off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time. 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.
* * * * * * *
[(4) Drivers of utility service vehicles.--Such
regulations shall, in the case of a driver of a utility
service vehicle, permit any period of 7 or 8
consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.]
(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.
* * * * * * *
(b) Preemption.--[Nothing] Except as provided in subsection
(a)(4), nothing contained in this section shall require the
preemption of State laws and regulations concerning the safe
operation of commercial motor vehicles as the result of
exemptions from Federal requirements provided under this
section.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any
exemption provided by subsection (a) (other than [paragraph
(2)] an exemption under paragraph (2) or (4)) is not in the
public interest and would have a significant adverse impact on
the safety of commercial motor vehicles. If, at any time as a
result of such a proceeding, the Secretary determines that
granting such exemption would not be in the public interest and
would have a significant adverse impact on the safety of
commercial motor vehicles, the Secretary may prevent the
exemption from going into effect, modify the exemption, or
revoke the exemption. The Secretary may develop a program to
monitor the exemption, including agreements with carriers to
permit the Secretary to examine insurance information
maintained by an insurer on a carrier.
* * * * * * *
(e) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(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.
Committee Correspondence
U.S. House of Representatives,
Committee on Energy and Commerce,
Washington, DC, March 3, 2005.
The Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Young: I am writing with regard to H.R. 3,
the Transportation Equity Act: A Legacy for Users, which was
ordered reported by the Committee on Transportation and
Infrastructure on March 2, 2005. As you know, the Energy and
Commerce Committee has jurisdiction over matters involving air
quality planning and the air quality impact of transportation
projects, the Congestion Mitigation Air Quality Program,
provisions involving energy production, supply and storage and
other matters contained within H.R. 3 as reported.
I recognize your desire to bring this legislation before
the House in an expeditious manner. Accordingly, I will not
exercise my Committee's right to referral. By agreeing to waive
its consideration of the bill, however, the Energy and Commerce
Committee does not waive its jurisdiction over H.R. 3. In
addition, the Energy and Commerce Committee reserves its right
to seek conferees on any provisions of the bill that are within
its jurisdiction during any House-Senate conference that may be
convened on this legislation. I ask for your commitment to
support any request by the Energy and Commerce Committee for
conferees on H.R. 3 or similar legislation.
I request that you include this letter as part of the
Committee's Report on H.R. 3 and in the Record during
consideration of the legislation on the House floor. Thank you
for your attention to these matters.
Sincerely,
Joe Barton,
Chairman.
------
U.S. House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, March 3, 2005.
The Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of March 3,
2005 regarding H.R. 3, the Transportation Equity Act: A Legacy
for Users. Your assistance in expediting consideration of the
bill is very much appreciated.
I agree that there are certain provisions in the bill that
are of jurisidictional interest to the Committee on Energy and
Commerce and I agree that by foregoing a sequential referral,
the Committee on Commerce is not waving its jurisdicition. Be
assured that I will support your request to be represented in
the conference on those provisions in the jurisdiction of the
Energy and Commerce Committee.
As you have requested, I will include this exchange of
letters in the Committee report on the bill and in the Record
when the bill is on the Floor. Thank you for your cooperation
and your continued leadership and support in surface
transportation matters.
Sincerely,
Don Young,
Chairman.