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Conference Report (H. Rept. 109-203)
22-639
2005
109TH CONGRESS 1ST SESSION Report
HOUSE OF REPRESENTATIVES Report
109-203
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
CONFERENCE REPORT
of the
COMMITTEE OF CONFERENCE
on
H.R. 3
[Graphic image not available]
22-639
109TH CONGRESS
Report
HOUSE OF REPRESENTATIVES
1st Session
109-203
--SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
July 28, 2005- Ordered to be printed
Mr. YOUNG of Alaska, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3]
The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 3), to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users' or `SAFETEA-LU'.
| Sec. 1. Short title; table of contents. |
| Sec. 2. General definitions. |
| TITLE I--FEDERAL-AID HIGHWAYS |
| Subtitle A--Authorization of Programs |
| Sec. 1101. Authorization of appropriations. |
| Sec. 1102. Obligation ceiling. |
| Sec. 1103. Apportionments. |
| Sec. 1104. Equity bonus program. |
| Sec. 1105. Revenue aligned budget authority. |
| Sec. 1106. Future Interstate System routes. |
| Sec. 1107. Metropolitan planning. |
| Sec. 1108. Transfer of highway and transit funds. |
| Sec. 1109. Recreational trails. |
| Sec. 1110. Temporary traffic control devices. |
| Sec. 1111. Set-asides for Interstate discretionary projects. |
| Sec. 1112. Emergency relief. |
| Sec. 1113. Surface transportation program. |
| Sec. 1114. Highway bridge program. |
| Sec. 1115. Highway use tax evasion projects. |
| Sec. 1116. Appalachian development highway system. |
| Sec. 1117. Transportation, community, and system preservation program. |
| Sec. 1118. Territorial highway program. |
| Sec. 1119. Federal lands highways. |
| Sec. 1120. Puerto Rico highway program. |
| Sec. 1121. HOV facilities. |
| Sec. 1122. Definitions. |
| Subtitle B--Congestion Relief |
| Sec. 1201. Real-time system management information program. |
| Subtitle C--Mobility and Efficiency |
| Sec. 1301. Projects of national and regional significance. |
| Sec. 1302. National corridor infrastructure improvement program. |
| Sec. 1303. Coordinated border infrastructure program. |
| Sec. 1304. High priority corridors on the National Highway System. |
| Sec. 1305. Truck parking facilities. |
| Sec. 1306. Freight intermodal distribution pilot grant program. |
| Sec. 1307. Deployment of magnetic levitation transportation projects. |
| Sec. 1308. Delta region transportation development program. |
| Sec. 1309. Extension of public transit vehicle exemption from axle weight restrictions. |
| Sec. 1310. Interstate oasis program. |
| Subtitle D--Highway Safety |
| Sec. 1401. Highway safety improvement program. |
| Sec. 1402. Worker injury prevention and free flow of vehicular traffic. |
| Sec. 1403. Toll facilities workplace safety study. |
| Sec. 1404. Safe routes to school program. |
| Sec. 1405. Roadway safety improvements for older drivers and pedestrians. |
| Sec. 1406. Safety incentive grants for use of seat belts. |
| Sec. 1407. Safety incentives to prevent operation of motor vehicles by intoxicated persons. |
| Sec. 1408. Improvement or replacement of highway features on National Highway System. |
| Sec. 1409. Work zone safety grants. |
| Sec. 1410. National Work Zone Safety Information Clearinghouse. |
| Sec. 1411. Roadway safety. |
| Sec. 1412. Idling reduction facilities in Interstate rights-of-way. |
| Subtitle E--Construction and Contract Efficiency |
| Sec. 1501. Program efficiencies. |
| Sec. 1502. Highways for LIFE pilot program. |
| Sec. 1503. Design build. |
| Subtitle F--Finance |
| Sec. 1601. Transportation Infrastructure Finance and Innovation Act amendments. |
| Sec. 1602. State infrastructure banks. |
| Sec. 1603. Use of excess funds and funds for inactive projects. |
| Sec. 1604. Tolling. |
| Subtitle G--High Priority Projects |
| Sec. 1701. High Priority Projects program. |
| Sec. 1702. Project authorizations. |
| Sec. 1703. Technical amendments to transportation projects. |
| Subtitle H--Environment |
| Sec. 1801. Construction of ferry boats and ferry terminal facilities. |
| Sec. 1802. National Scenic Byways Program. |
| Sec. 1803. America's Byways Resource Center. |
| Sec. 1804. National historic covered bridge preservation. |
| Sec. 1805. Use of debris from demolished bridges and overpasses. |
| Sec. 1806. Additional authorization of contract authority for States with Indian reservations. |
| Sec. 1807. Nonmotorized transportation pilot program. |
| Sec. 1808. Addition to CMAQ-eligible projects. |
| Subtitle I--Miscellaneous |
| Sec. 1901. Inclusion of requirements for signs identifying funding sources in title 23. |
| Sec. 1902. Donations and credits. |
| Sec. 1903. Inclusion of Buy America requirements in title 23. |
| Sec. 1904. Stewardship and oversight. |
| Sec. 1905. Transportation development credits. |
| Sec. 1906. Grant program to prohibit racial profiling. |
| Sec. 1907. Pavement marking systems demonstration projects. |
| Sec. 1908. Inclusion of certain route segments on Interstate System and NHS. |
| Sec. 1909. Future of surface transportation system. |
| Sec. 1910. Motorist information concerning full service restaurants. |
| Sec. 1911. Approval and funding for certain construction projects. |
| Sec. 1912. Lead agency designation. |
| Sec. 1913. Bridge construction, North Dakota. |
| Sec. 1914. Motorcyclist Advisory Council. |
| Sec. 1915. Loan forgiveness. |
| Sec. 1916. Treatment of off ramp. |
| Sec. 1917. Opening of Interstate ramps. |
| Sec. 1918. Credit to State of Louisiana for State matching funds. |
| Sec. 1919. Road user fees. |
| Sec. 1920. Transportation and local workforce investment. |
| Sec. 1921. Update of obsolete text. |
| Sec. 1922. Technical amendments to nondiscrimination section. |
| Sec. 1923. Transportation assets and needs of Delta region. |
| Sec. 1924. Alaska Way Viaduct study. |
| Sec. 1925. Community enhancement study. |
| Sec. 1926. Budget justification. |
| Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway. |
| Sec. 1928. Sense of Congress regarding Buy America. |
| Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway. |
| Sec. 1930. Designation of Thomas P. `Tip' O'Neill, Jr. Tunnel. |
| Sec. 1931. Richard Nixon Parkway, California. |
| Sec. 1932. Amo Houghton Bypass. |
| Sec. 1933. Billy Tauzin Energy Corridor. |
| Sec. 1934. Transportation improvements. |
| Sec. 1935. Project flexibility. |
| Sec. 1936. Advances. |
| Sec. 1937. Roads in closed basins. |
| Sec. 1938. Technology. |
| Sec. 1939. BIA Indian Road Program. |
| Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana. |
| Sec. 1941. Beartooth Highway, Montana. |
| Sec. 1942. Opening of airfield at Malmstrom Air Force Base, Montana. |
| Sec. 1943. Great Lakes ITS implementation. |
| Sec. 1944. Transportation construction and remediation, Ottawa County, Oklahoma. |
| Sec. 1945. Infrastructure awareness program. |
| Sec. 1946. Gateway rural improvement pilot program. |
| Sec. 1947. Eligible safety improvements. |
| Sec. 1948. Emergency service route. |
| Sec. 1949. Knik Arm Bridge funding clarification. |
| Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program. |
| Sec. 1951. Bonding assistance program. |
| Sec. 1952. Congestion relief. |
| Sec. 1953. Authorization of appropriations. |
| Sec. 1954. Bicycle transportation and pedestrian walkways. |
| Sec. 1955. Conveyance to the City of Ely, Nevada. |
| Sec. 1956. Brownfields grants. |
| Sec. 1957. Traffic circle construction, Clarendon, Vermont. |
| Sec. 1958. Limitation on project approval. |
| Sec. 1959. Cross harbor freight movement project. |
| Sec. 1960. Denali access system program. |
| Sec. 1961. I-95/Contee Road interchange study. |
| Sec. 1962. Multimodal facility improvements. |
| Sec. 1963. Apollo Theater leases. |
| Sec. 1964. Project Federal share. |
| TITLE II--HIGHWAY SAFETY |
| Sec. 2001. Authorization of appropriations. |
| Sec. 2002. Highway safety programs. |
| Sec. 2003. Highway safety research and outreach programs. |
| Sec. 2004. Occupant protection incentive grants. |
| Sec. 2005. Grants for primary safety belt use laws. |
| Sec. 2006. State traffic safety information system improvements. |
| Sec. 2007. Alcohol-impaired driving countermeasures. |
| Sec. 2008. NHTSA accountability. |
| Sec. 2009. High visibility enforcement program. |
| Sec. 2010. Motorcyclist safety. |
| Sec. 2011. Child safety and child booster seat incentive grants. |
| Sec. 2012. Safety data. |
| Sec. 2013. Drug-impaired driving enforcement. |
| Sec. 2014. First responder vehicle safety program. |
| Sec. 2015. Driver performance study. |
| Sec. 2016. Rural State emergency medical services optimization pilot program. |
| Sec. 2017. Older driver safety; law enforcement training. |
| Sec. 2018. Safe intersections. |
| Sec. 2019. National Highway Safety Advisory Committee technical correction. |
| Sec. 2020. Presidential Commission on Alcohol-Impaired Driving. |
| Sec. 2021. Sense of the Congress in support of increased public awareness of blood alcohol concentration levels and dangers of alcohol-impaired driving. |
| Sec. 2022. Effective date. |
| TITLE III--PUBLIC TRANSPORTATION |
| Sec. 3001. Short title. |
| Sec. 3002. Amendments to title 49, United States Code; updated terminology. |
| Sec. 3003. Policies, findings, and purposes. |
| Sec. 3004. Definitions. |
| Sec. 3005. Metropolitan transportation planning. |
| Sec. 3006. Statewide transportation planning. |
| Sec. 3007. Planning programs. |
| Sec. 3008. Private enterprise participation. |
| Sec. 3009. Urbanized area formula grants. |
| Sec. 3010. Clean fuels grant program. |
| Sec. 3011. Capital investment grants. |
| Sec. 3012. Formula grants for special needs of elderly individuals and individuals with disabilities. |
| Sec. 3013. Formula grants for other than urbanized areas. |
| Sec. 3014. Research, development, demonstration, and deployment projects. |
| Sec. 3015. Transit cooperative research program. |
| Sec. 3016. National research and technology programs. |
| Sec. 3017. National Transit Institute. |
| Sec. 3018. Job access and reverse commute formula grants. |
| Sec. 3019. New Freedom Program. |
| Sec. 3020. Bus testing facility. |
| Sec. 3021. Alternative transportation in parks and public lands. |
| Sec. 3022. Human resources 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. Project review. |
| Sec. 3028. Investigations of safety hazards and security risks. |
| Sec. 3029. State safety oversight. |
| Sec. 3030. Controlled substances and alcohol misuse testing. |
| Sec. 3031. Employee protective arrangements. |
| Sec. 3032. Administrative procedures. |
| Sec. 3033. National transit database. |
| Sec. 3034. Apportionments of formula grants. |
| Sec. 3035. Apportionments based on fixed guideway factors. |
| Sec. 3036. Authorizations. |
| Sec. 3037. Alternatives analysis program. |
| Sec. 3038. Apportionments based on growing States formula factors. |
| Sec. 3039. Over-the-road bus accessibility program. |
| Sec. 3040. Obligation ceiling. |
| Sec. 3041. Adjustments for fiscal year 2005. |
| Sec. 3042. Terrorist attacks and other acts of violence against public transportation systems. |
| Sec. 3043. Project authorizations for new fixed guideway capital projects. |
| Sec. 3044. Projects for bus and bus-related facilities and clean fuels grant program. |
| Sec. 3045. National fuel cell bus technology development program. |
| Sec. 3046. Allocations for national research and technology programs. |
| Sec. 3047. Forgiveness of grant agreement. |
| Sec. 3048. Cooperative procurement. |
| Sec. 3049. Transportation fringe benefits. |
| Sec. 3050. Commuter rail. |
| Sec. 3051. Paratransit service in Illinois. |
| TITLE IV--MOTOR CARRIER SAFETY |
| Sec. 4001. Short title. |
| Subtitle A--Commercial Motor Vehicle Safety |
| Sec. 4101. Authorization of appropriations. |
| Sec. 4102. Increased penalties for out-of-service violations and false records. |
| Sec. 4103. Penalty for denial of access to records. |
| Sec. 4104. Revocation of operating authority. |
| Sec. 4105. State laws relating to vehicle towing. |
| Sec. 4106. Motor carrier safety grants. |
| Sec. 4107. High priority activities and new entrants audits. |
| Sec. 4108. Data quality improvement. |
| Sec. 4109. Performance and registration information system management. |
| Sec. 4110. Border enforcement grants. |
| Sec. 4111. Motor carrier research and technology program. |
| Sec. 4112. Nebraska custom harvesters length exemption. |
| Sec. 4113. Pattern of safety violations by motor carrier management. |
| Sec. 4114. Intrastate operations of interstate motor carriers. |
| Sec. 4115. Transfer provision. |
| Sec. 4116. Medical program. |
| Sec. 4117. Safety performance history screening. |
| Sec. 4118. Roadability. |
| Sec. 4119. International cooperation. |
| Sec. 4120. Financial responsibility for private motor carriers. |
| Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund. |
| Sec. 4122. CDL learner's permit program. |
| Sec. 4123. Commercial driver's license information system modernization. |
| Sec. 4124. Commercial driver's license improvements. |
| Sec. 4125. Hobbs Act. |
| Sec. 4126. Commercial vehicle information systems and networks deployment. |
| Sec. 4127. Outreach and education. |
| Sec. 4128. Safety data improvement program. |
| Sec. 4129. Operation of commercial motor vehicles by individuals who use insulin to treat diabetes mellitus. |
| Sec. 4130. Operators of vehicles transporting agricultural commodities and farm supplies. |
| Sec. 4131. Maximum hours of service for operators of ground water well drilling rigs. |
| Sec. 4132. Hours of service for operators of utility service vehicles. |
| Sec. 4133. Hours of service rules for operators providing transportation to movie production sites. |
| Sec. 4134. Grant program for commercial motor vehicle operators. |
| Sec. 4135. CDL task force. |
| Sec. 4136. Interstate van operations. |
| Sec. 4137. Decals. |
| Sec. 4138. High risk carrier compliance reviews. |
| Sec. 4139. Foreign commercial motor vehicles. |
| Sec. 4140. School bus driver qualifications and endorsement knowledge test. |
| Sec. 4141. Driveaway saddlemount vehicles. |
| Sec. 4142. Registration of motor carriers and freight forwarders. |
| Sec. 4143. Authority to stop commercial motor vehicles. |
| Sec. 4144. Motor Carrier Safety Advisory Committee. |
| Sec. 4145. Technical corrections. |
| Sec. 4146. Exemption during harvest periods. |
| Sec. 4147. Emergency condition requiring immediate response. |
| Sec. 4148. Substance abuse professionals. |
| Sec. 4149. Office of intermodalism. |
| Subtitle B--Household Goods Transportation |
| Sec. 4201. Short title. |
| Sec. 4202. Definitions; application of provisions. |
| Sec. 4203. Payment of rates. |
| Sec. 4204. Additional registration requirements for motor carriers of household goods. |
| Sec. 4205. Household goods carrier operations. |
| Sec. 4206. Enforcement of regulations related to transportation of household goods. |
| Sec. 4207. Liability of carriers under receipts and bills of lading. |
| Sec. 4208. Arbitration requirements. |
| Sec. 4209. Civil penalties relating to household goods brokers and unauthorized transportation. |
| Sec. 4210. Penalties for holding household goods hostage. |
| Sec. 4211. Consumer handbook on DOT web site. |
| Sec. 4212. Release of household goods broker information. |
| Sec. 4213. Working group for development of practices and procedures to enhance Federal-State relations. |
| Sec. 4214. Consumer complaint information. |
| Sec. 4215. Review of liability of carriers. |
| Sec. 4216. Application of State consumer protection laws to certain household goods carriers. |
| Subtitle C--Unified Carrier Registration Act of 2005 |
| Sec. 4301. Short title. |
| Sec. 4302. Relationship to other laws. |
| Sec. 4303. Inclusion of motor private and exempt carriers. |
| Sec. 4304. Unified Carrier Registration System. |
| Sec. 4305. Registration of motor carriers by States. |
| Sec. 4306. Identification of vehicles. |
| Sec. 4307. Use of UCR Agreement revenues as matching funds. |
| Sec. 4308. Regulations. |
| Subtitle D--Miscellaneous Provisions |
| Sec. 4401. Technical adjustment. |
| Sec. 4402. Transfer. |
| Sec. 4403. Extension of assistance. |
| Sec. 4404. Designations. |
| Sec. 4405. Limited exception. |
| Sec. 4406. Airport land amendment. |
| Sec. 4407. Rights-of-way. |
| Sec. 4408. Rialto Municipal Airport. |
| Sec. 4409. Conforming amendments. |
| Sec. 4410. Ralph M. Bartholomew Veterans' Memorial Bridge. |
| Sec. 4411. Don Young's Way. |
| Sec. 4412. Quality bank adjustments. |
| Sec. 4413. Technical amendment. |
| TITLE V--RESEARCH |
| 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. Technology deployment. |
| Sec. 5204. Training and education. |
| Sec. 5205. State planning and research. |
| Sec. 5206. International highway transportation outreach program. |
| Sec. 5207. Surface transportation environment and planning cooperative research program. |
| Sec. 5208. Transportation research and development strategic planning. |
| Sec. 5209. National cooperative freight transportation research program. |
| Sec. 5210. Future strategic highway research program. |
| Sec. 5211. Multistate corridor operations and management. |
| Subtitle C--Intelligent Transportation System Research |
| Sec. 5301. National ITS program plan. |
| Sec. 5302. Use of funds. |
| Sec. 5303. Goals and purposes. |
| Sec. 5304. Infrastructure development. |
| Sec. 5305. General authorities and requirements. |
| Sec. 5306. Research and development. |
| Sec. 5307. National architecture and standards. |
| Sec. 5308. Road weather research and development program. |
| Sec. 5309. Centers for surface transportation excellence. |
| Sec. 5310. Definitions. |
| Subtitle D--University Transportation Research; Scholarship Opportunities |
| Sec. 5401. National university transportation centers. |
| Sec. 5402. University transportation research. |
| Subtitle E--Other Programs |
| Sec. 5501. Transportation safety information management system project. |
| Sec. 5502. Surface transportation congestion relief solutions research initiative. |
| Sec. 5503. Motor carrier efficiency study. |
| Sec. 5504. Center for Transportation Advancement and Regional Development. |
| Sec. 5505. Transportation scholarship opportunities program. |
| Sec. 5506. Commercial remote sensing products and spatial information technologies. |
| Sec. 5507. Rural interstate corridor communications study. |
| Sec. 5508. Transportation technology innovation and demonstration program. |
| Sec. 5509. Repeal. |
| Sec. 5510. Notice. |
| Sec. 5511. Motorcycle crash causation study grants. |
| Sec. 5512. Advanced travel forecasting procedures program. |
| Sec. 5513. Research grants. |
| Sec. 5514. Competition for specification of alternative types of culvert pipes. |
| Subtitle F--Bureau of Transportation Statistics |
| Sec. 5601. Bureau of Transportation Statistics. |
| TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY |
| Sec. 6001. Transportation planning. |
| Sec. 6002. Efficient environmental reviews for project decisionmaking. |
| Sec. 6003. State assumption of responsibilities for certain programs and projects. |
| Sec. 6004. State assumption of responsibility for categorical exclusions. |
| Sec. 6005. Surface transportation project delivery pilot program. |
| Sec. 6006. Environmental restoration and pollution abatement; control of noxious weeds and aquatic noxious weeds and establishment of native species. |
| Sec. 6007. Exemption of Interstate System. |
| Sec. 6008. Integration of natural resource concerns into transportation project planning. |
| Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and historic sites. |
| Sec. 6010. Environmental review of activities that support deployment of intelligent transportation systems. |
| Sec. 6011. Transportation conformity. |
| Sec. 6012. Federal Reference Method. |
| Sec. 6013. Air quality monitoring data influenced by exceptional events. |
| Sec. 6014. Federal procurement of recycled coolant. |
| Sec. 6015. Clean school bus program. |
| Sec. 6016. Special designation. |
| Sec. 6017. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete. |
| Sec. 6018. Use of granular mine tailings. |
| TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION |
| Sec. 7001. Short title. |
| Sec. 7002. Amendment of title 49, United States Code. |
| Subtitle A--General Authorities on Transportation of Hazardous Materials |
| Sec. 7101. Findings and purpose. |
| Sec. 7102. Definitions. |
| Sec. 7103. General regulatory authority. |
| Sec. 7104. Limitation on issuance of hazmat licenses. |
| Sec. 7105. Background checks for drivers hauling hazardous materials. |
| Sec. 7106. Representation and tampering. |
| Sec. 7107. Technical amendments. |
| Sec. 7108. Training of certain employees. |
| Sec. 7109. Registration. |
| Sec. 7110. Shipping papers and disclosure. |
| Sec. 7111. Rail tank cars. |
| Sec. 7112. Unsatisfactory safety ratings. |
| Sec. 7113. Training curriculum for the public sector. |
| Sec. 7114. Planning and training grants; Hazardous Materials Emergency Preparedness Fund. |
| Sec. 7115. Special permits and exclusions. |
| Sec. 7116. Uniform forms and procedures. |
| Sec. 7117. International uniformity of standards and requirements. |
| Sec. 7118. Administrative authority. |
| Sec. 7119. Enforcement. |
| Sec. 7120. Civil penalty. |
| Sec. 7121. Criminal penalty. |
| Sec. 7122. Preemption. |
| Sec. 7123. Judicial review. |
| Sec. 7124. Relationship to other laws. |
| Sec. 7125. Authorization of appropriations. |
| Sec. 7126. References to the Secretary of Transportation. |
| Sec. 7127. Criminal matters. |
| Sec. 7128. Additional civil and criminal penalties. |
| Sec. 7129. Hazardous material transportation plan requirement. |
| Sec. 7130. Determining amount of undeclared shipments of hazardous materials entering the United States. |
| Sec. 7131. Hazardous materials research projects. |
| Sec. 7132. National first responder transportation incident response system. |
| Sec. 7133. Common carrier pipeline system. |
| Subtitle B--Sanitary Food Transportation |
| Sec. 7201. Short title. |
| Sec. 7202. Responsibilities of Secretary of Health and Human Services. |
| Sec. 7203. Department of Transportation requirements. |
| Sec. 7204. Effective date. |
| Subtitle C--Research and Innovative Technology Administration |
| Sec. 7301. Administrative authority. |
| TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE |
| Sec. 8001. Discretionary spending limits for the highway and mass transit categories. |
| Sec. 8002. Adjustments to align highway spending with revenues. |
| Sec. 8003. Level of obligation limitations. |
| Sec. 8004. Enforcement of guarantee. |
| Sec. 8005. Transfer of Federal transit administrative expenses. |
| TITLE IX--RAIL TRANSPORTATION |
| Sec. 9001. High-speed rail corridor development. |
| Sec. 9002. Capital grants for rail line relocation projects. |
| Sec. 9003. Rehabilitation and improvement financing. |
| Sec. 9004. Report regarding impact on public safety of train travel in communities without grade separation. |
| Sec. 9005. Welded rail and tank car safety improvements. |
| Sec. 9006. Alaska Railroad. |
| Sec. 9007. Study of rail transportation and regulation. |
| Sec. 9008. Hawaii port infrastructure expansion program. |
| TITLE X--MISCELLANEOUS PROVISIONS |
| Subtitle A--Sportfishing and Recreational Boating Safety |
| Sec. 10101. Short title. |
| Chapter 1--Dingell-Johnson Sport Fish Restoration Act Amendments |
| Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act. |
| Sec. 10112. Authorization of appropriations. |
| Sec. 10113. Division of annual appropriations. |
| Sec. 10114. Maintenance of projects. |
| Sec. 10115. Boating infrastructure. |
| Sec. 10116. Requirements and restrictions concerning use of amounts for expenses for Administration. |
| Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. |
| Sec. 10118. Multistate conservation grant program. |
| Sec. 10119. Expenditure of remaining balance in Boat Safety Account. |
| Chapter 2--Clean Vessel Act of 1992 Amendments |
| Sec. 10131. Grant program. |
| Chapter 3--Recreational Boating Safety Program Amendments |
| Sec. 10141. Technical correction. |
| Sec. 10142. Availability of allocations. |
| Sec. 10143. Authorization of appropriations for State recreational boating safety programs. |
| Subtitle B--Other Miscellaneous Provisions |
| Sec. 10201. Notice regarding participation of small business concerns. |
| Sec. 10202. Emergency medical services. |
| Sec. 10203. Hubzone program. |
| Sec. 10204. Catastrophic hurricane evacuation plans. |
| Sec. 10205. Intermodal transportation facility expansion. |
| Sec. 10206. Eligibility to participate in western Alaska community development quota program. |
| Sec. 10207. Rail rehabilitation and bridge repair. |
| Sec. 10208. Rented or leased motor vehicles. |
| Sec. 10209. Midway Island. |
| Sec. 10210. Demonstration of digital project simulation. |
| Sec. 10211. Environmental programs. |
| Sec. 10212. Rescission of unobligated balances. |
| Sec. 10213. Tribal land. |
| Subtitle C--Specific Vehicle Safety-Related Rulings |
| Sec. 10301. Vehicle rollover prevention and crash mitigation. |
| Sec. 10302. Side-impact crash protection rulemaking. |
| Sec. 10303. Tire research. |
| Sec. 10304. Vehicle backover avoidance technology study. |
| Sec. 10305. Nontraffic incident data collection. |
| Sec. 10306. Study of safety belt use technologies. |
| Sec. 10307. Amendment of Automobile Information Disclosure Act. |
| Sec. 10308. Power window switches. |
| Sec. 10309. 15-Passenger van safety. |
| Sec. 10310. Authorization of appropriations. |
| TITLE XI--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION |
| Sec. 1100. Amendment of 1986 Code. |
| Subtitle A--Trust Fund Reauthorization |
| Sec. 1101. Extension of highway-related taxes and trust funds. |
| Sec. 1102. Modification of adjustments of apportionments. |
| Subtitle B--Excise Tax Reform and Simplification |
| Part 1--Highway excise taxes |
| Sec. 1111. Modification of gas guzzler tax. |
| Sec. 1112. Exclusion for tractors weighing 19,500 pounds or less from Federal excise tax on heavy trucks and trailers. |
| Sec. 1113. Volumetric excise tax credit for alternative fuels. |
| Part 2--Aquatic excise taxes |
| Sec. 1115. Elimination of Aquatic Resources Trust Fund and transformation of Sport Fish Restoration Account. |
| Sec. 1116. Repeal of harbor maintenance tax on exports. |
| Sec. 1117. Cap on excise tax on certain fishing equipment. |
| Part 3--Aerial excise taxes |
| Sec. 1121. Clarification of excise tax exemptions for agricultural aerial applicators and exemption for Fixed-Wing aircraft engaged in forestry operations. |
| Sec. 1122. Modification of rural airport definition. |
| Sec. 1123. Exemption from taxes on transportation provided by seaplanes. |
| Sec. 1124. Certain sightseeing flights exempt from taxes on air transportation. |
| Part 4--Taxes relating to alcohol |
| Sec. 1125. Repeal of special occupational taxes on producers and marketers of alcoholic beverages. |
| Sec. 1126. Income tax credit for distilled spirits wholesalers and for distilled spirits in control State bailment warehouses for costs of carrying Federal excise taxes on bottled distilled spirits. |
| Sec. 1127. Quarterly excise tax filing for small alcohol excise taxpayers. |
| Part 5--Sport excise taxes |
| Sec. 1131. Custom gunsmiths. |
| Subtitle C--Miscellaneous Provisions |
| Sec. 1141. Motor Fuel Tax Enforcement Advisory Commission. |
| Sec. 1142. National Surface Transportation Infrastructure Financing Commission. |
| Sec. 1143. Tax-exempt financing of highway projects and rail-truck transfer facilities. |
| Sec. 1144. Treasury study of highway fuels used by trucks for non-transportation purposes. |
| Sec. 1145. Diesel fuel tax evasion report. |
| Sec. 1146. Tax treatment of State ownership of railroad real estate investment trust. |
| Sec. 1147. Limitation on transfers to the Leaking Underground Storage Tank Trust Fund. |
| Subtitle D--Highway-Related Technical Corrections |
| Sec. 1151. Highway-related technical corrections. |
| Subtitle E--Preventing fuel fraud |
| Sec. 1161. Treatment of kerosene for use in aviation. |
| Sec. 1162. Repeal of ultimate vendor refund claims with respect to farming. |
| Sec. 1163. Refunds of excise taxes on exempt sales of fuel by credit card. |
| Sec. 1164. Reregistration in event of change in ownership. |
| Sec. 1165. Reconciliation of on-loaded cargo to entered cargo. |
| Sec. 1166. Treatment of deep-draft vessels. |
| Sec. 1167. Penalty with respect to certain adulterated fuels. |
SEC. 2. GENERAL DEFINITIONS.
In this Act, the following definitions apply:
(1) DEPARTMENT- The term `Department' means the Department of Transportation.
(2) SECRETARY- The term `Secretary' means the Secretary of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
SEC. 1101. 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) INTERSTATE MAINTENANCE PROGRAM- For the Interstate maintenance program under section 119 of title 23, United States Code--
(A) $4,883,759,623 for fiscal year 2005;
(B) $4,960,788,917 for fiscal year 2006;
(C) $5,039,058,556 for fiscal year 2007;
(D) $5,118,588,513 for fiscal year 2008; and
(E) $5,199,399,081 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103 of such title--
(A) $5,911,200,104 for fiscal year 2005;
(B) $6,005,256,569 for fiscal year 2006;
(C) $6,110,827,556 for fiscal year 2007;
(D) $6,207,937,450 for fiscal year 2008; and
(E) $6,306,611,031 for fiscal year 2009.
(3) BRIDGE PROGRAM- For the bridge program under section 144 of such title--
(A) $4,187,708,821 for fiscal year 2005;
(B) $4,253,530,131 for fiscal year 2006;
(C) $4,320,411,313 for fiscal year 2007;
(D) $4,388,369,431 for fiscal year 2008; and
(E) $4,457,421,829 for fiscal year 2009.
(4) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of such title--
(A) $6,860,096,662 for fiscal year 2005;
(B) $6,269,833,394 for fiscal year 2006;
(C) $6,370,469,775 for fiscal year 2007;
(D) $6,472,726,628 for fiscal year 2008; and
(E) $6,576,630,046 for fiscal year 2009.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program under section 149 of such title--
(A) $1,667,255,304 for fiscal year 2005;
(B) $1,694,101,866 for fiscal year 2006;
(C) $1,721,380,718 for fiscal year 2007;
(D) $1,749,098,821 for fiscal year 2008; and
(E) $1,777,263,247 for fiscal year 2009.
(6) HIGHWAY SAFETY IMPROVEMENT PROGRAM- For the highway safety improvement program under section 148 of such title--
(A) $1,235,810,000 for fiscal year 2006;
(B) $1,255,709,322 for fiscal year 2007;
(C) $1,275,929,067 for fiscal year 2008; and
(D) $1,296,474,396 for fiscal year 2009.
(7) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM- For the Appalachian development highway system program under subtitle IV of title 40, United States Code, $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--
(A) $60,000,000 for fiscal year 2005;
(B) $70,000,000 for fiscal year 2006;
(C) $75,000,000 for fiscal year 2007;
(D) $80,000,000 for fiscal year 2008; and
(E) $85,000,000 for fiscal year 2009.
(9) FEDERAL LANDS HIGHWAYS PROGRAM-
(A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of such title--
(i) $300,000,000 for fiscal year 2005;
(ii) $330,000,000 for fiscal year 2006;
(iii) $370,000,000 for fiscal year 2007;
(iv) 410,000,000 for fiscal year 2008; and
(v) $450,000,000 for fiscal year 2009.
(B) PARK ROADS AND PARKWAYS-
(i) IN GENERAL- For park roads and parkways under section 204 of such title--
(I) $180,000,000 for fiscal year 2005;
(II) $195,000,000 for fiscal year 2006;
(III) $210,000,000 for fiscal year 2007;
(IV) $225,000,000 for fiscal year 2008; and
(V) $240,000,000 for fiscal year 2009.
(ii) MINIMUM ALLOCATION TO CERTAIN STATES- A State containing more than 50 percent of the total acreage of the National Park System shall receive not less than 3 percent of any funds appropriated under this subparagraph.
(C) REFUGE ROADS- For refuge roads under section 204 of such title, $29,000,000 for each of fiscal years 2005 through 2009.
(D) PUBLIC LANDS HIGHWAYS- For Federal lands highways under section 204 of such title--
(i) $260,000,000 for fiscal year 2005;
(ii) $280,000,000 for fiscal year 2006;
(iii) $280,000,000 for fiscal year 2007;
(iv) $290,000,000 for fiscal year 2008; and
(v) $300,000,000 for fiscal year 2009.
(10) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- For the national corridor infrastructure improvement program under section 1302 of this Act--
(A) $194,800,000 for fiscal year 2005;
(B) $389,600,000 for fiscal year 2006;
(C) $487,000,000 for fiscal year 2007;
(D) $487,000,000 for fiscal year 2008; and
(E) $389,600,000 for fiscal year 2009.
(11) COORDINATED BORDER INFRASTRUCTURE PROGRAM- For the coordinated border infrastructure program under section 1303 of this Act--
(A) $123,000,000 for fiscal year 2005;
(B) $145,000,000 for fiscal year 2006;
(C) $165,000,000 for fiscal year 2007;
(D) $190,000,000 for fiscal year 2008; and
(E) $210,000,000 for fiscal year 2009.
(12) NATIONAL SCENIC BYWAYS PROGRAM- For the national scenic byways program under section 162 of such title--
(A) $26,500,000 for fiscal year 2005;
(B) $30,000,000 for fiscal year 2006;
(C) $35,000,000 for fiscal year 2007;
(D) $40,000,000 for fiscal year 2008; and
(E) $43,500,000 for fiscal year 2009.
(13) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES- For construction of ferry boats and ferry terminal facilities under section 147 of such title--
(A) $38,000,000 for fiscal year 2005;
(B) $55,000,000 for fiscal year 2006;
(C) $60,000,000 for fiscal year 2007;
(D) $65,000,000 for fiscal year 2008; and
(E) $67,000,000 for fiscal year 2009.
(14) PUERTO RICO HIGHWAY PROGRAM- For the Puerto Rico highway program under section 165 of such title--
(A) $115,000,000 for fiscal year 2005;
(B) $120,000,000 for fiscal year 2006;
(C) $135,000,000 for fiscal year 2007;
(D) $145,000,000 for fiscal year 2008; and
(E) $150,000,000 for fiscal year 2009.
(15) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE PROGRAM- For the projects of national and regional significance program under section 1301 of this Act--
(A) $177,900,000 for fiscal year 2005;
(B) $355,800,000 for fiscal year 2006;
(C) $444,750,000 for fiscal year 2007;
(D) $444,750,000 for fiscal year 2008; and
(E) $355,800,000 for fiscal year 2009.
(16) HIGH PRIORITY PROJECTS PROGRAM- For the high priority projects program under section 117 of title 23, United States Code, $2,966,400,000 for each of fiscal years 2005 through 2009.
(17) SAFE ROUTES TO SCHOOL PROGRAM- For the safe routes to school program under section 1404 of this Act--
(A) $54,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $125,000,000 for fiscal year 2007;
(D) $150,000,000 for fiscal year 2008; and
(E) $183,000,000 for fiscal year 2009.
(18) DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS- For the deployment of magnetic levitation projects under section 1307 of this Act--
(A) $15,000,000 for each of fiscal years 2006 and 2007; and
(B) $30,000,000 for each of fiscal years 2008 and 2009.
(19) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND COORDINATED BORDER INFRASTRUCTURE PROGRAMS- For the national corridor planning and development and coordinated border infrastructure programs under sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161, 163) $140,000,000 for fiscal year 2005.
(20) HIGHWAYS FOR LIFE- For the Highways for LIFE Program under section 1502 of this Act--
(A) $15,000,000 for fiscal year 2006; and
(B) $20,000,000 for each of fiscal years 2007 through 2009.
(21) HIGHWAY USE TAX EVASION PROJECTS- For highway use tax evasion projects under section 1115 of this Act--
(A) $5,000,000 for fiscal year 2005;
(B) $44,800,000 for fiscal year 2006;
(C) $53,300,000 for fiscal year 2007; and
(D) $12,000,000 for each of fiscal years 2008 and 2009.
(b) Disadvantaged Business Enterprises-
(1) DEFINITIONS- In this subsection, the following definitions apply:
(A) SMALL BUSINESS CONCERN- The term `small business concern' has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the 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 $19,570,000, as adjusted annually by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term `socially and economically disadvantaged individuals' has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
(2) 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 through small business concerns owned and controlled by socially and economically disadvantaged individuals.
(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES- Each State shall annually--
(A) survey and compile a list of the small business concerns referred to in paragraph (1) and the location of the concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of the concerns that 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. The 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- Subject to subsections (g) and (h), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed--
(1) $34,422,400,000 for fiscal year 2005;
(2) $36,032,343,903 for fiscal year 2006;
(3) $38,244,210,516 for fiscal year 2007;
(4) $39,585,075,404 for fiscal year 2008; and
(5) $41,199,970,178 for fiscal year 2009.
(b) Exceptions- The limitations under subsection (a) shall not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (Public Law 97-134; 95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (Public Law 97-424; 96 Stat. 2119);
--
(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 107) or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2009, only in an amount equal to $639,000,000 per fiscal year); and
(11) section 1603 of this Act, to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation.
(c) Distribution of Obligation Authority- For each of fiscal years 2005 through 2009, the Secretary--
(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;
(B) programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of this Act); and
(C) amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary;
(3) shall determine the ratio that--
(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2); bears to
(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (9) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(10) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2);
(4)(A) shall distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this Act, sections 117 but individual for each of project numbered 1 through 3676 listed in the table contained in section 1702 of this Act and 144(g) of title 23, United States Code, and section 14501 of title 40, United States Code, and, during fiscal year 2005, amounts for programs, projects, and activities authorized by section 117 of title I of division H of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3212), so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying--
(i) the ratio determined under paragraph (3); by
(ii) the sums authorized to be appropriated for that section for the fiscal year; and
(B) shall distribute $2,000,000,000 for section 105 of title 23, United States Code;
(5) shall distribute among the States the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than to programs to which paragraph (1) applies), by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such program for the fiscal year; and
(6) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraphs (4) and (5), for Federal-aid highway and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $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) amounts authorized to be appropriated for the programs that are apportioned to each State for the fiscal year; bear to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority- Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2005 through 2009--
(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation Research Programs-
(1) IN GENERAL- Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title V (research title) of this Act.
(2) EXCEPTION- Obligation authority made available under paragraph (1) shall--
(A) remain available for a period of 3 fiscal years; and
(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds-
(1) IN GENERAL- Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2005 through 2009, the Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the States, and will not be available for obligation, in the fiscal year due to the imposition of any obligation limitation for the fiscal year.
(2) RATIO- Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (c)(6).
(3) AVAILABILITY- Funds distributed under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
(g) Special Limitation Characteristics- Obligation authority distributed for a fiscal year under subsection (c)(4) for the provision specified in subsection (c)(4) shall--
(1) remain available until used for obligation of funds for that provision; and
(2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(h) Adjustment in Obligation Limit-
(1) IN GENERAL- Subject to the last sentence of section 110(a)(2) of title 23, United States Code, a limitation on obligations imposed by subsection (a) for a fiscal year shall be adjusted by an amount equal to the amount determined in accordance with section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year.
(2) DISTRIBUTION- An adjustment under paragraph (1) shall be distributed in accordance with this section.
(i) Special Rule for Fiscal Year 2005-
(1) IN GENERAL- Obligation authority distributed under subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, and 1934 of this Act and sections 117 and 144(g) of title 23, United States Code, may be used in fiscal year 2005 for purposes of obligation authority distributed under subsection (c)(6).
(2) RESTORATION- Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for fiscal year 2006.
(j) High Priority Project Flexibility-
(1) IN GENERAL- Subject to paragraph (2), obligation authority distributed for a fiscal year under subsection (c)(4) for each project numbered 1 through 3676 listed in the table contained in section 1702 of this Act may be obligated for any other project in such section in the same State.
(2) RESTORATION- Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for the next fiscal year following obligation under paragraph (1).
(k) Limitation on Statutory Construction- Nothing in this section shall be construed to limit the distribution of obligation authority under subsection (c)(4)(A) for each of the individual projects numbered greater than 3676 listed in the table contained in section 1702 of this Act.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses-
(1) IN GENERAL- Section 104(a) of title 23, United States Code, is amended to read as follows:
`(a) Administrative Expenses-
`(1) IN GENERAL- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration--
`(A) $353,024,000 for fiscal year 2005;
`(B) $370,613,540 for fiscal year 2006;
`(C) $389,079,500 for fiscal year 2007;
`(D) $408,465,500 for fiscal year 2008; and
`(E) $423,717,460 for fiscal year 2009.
`(2) PURPOSES- The funds authorized by this subsection shall be used--
`(A) to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2; and
`(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system.
`(3) AVAILABILITY- The funds made available under paragraph (1) shall remain available until expended.'.
(2) CONFORMING AMENDMENTS- Section 104 of such title is amended--
(A) in the matter preceding paragraph (1) of subsection (b) by striking `the deduction authorized by subsection (a) and the set-aside authorized by subsection (f)' and inserting `the set-asides authorized by subsections (d) and (f) and section 130(e)';
(B) in the first sentence of subsection (e)(1) by striking `, and also' and all that follows through `this section'; and
(C) in subsection (i) by striking `deducted' and inserting `made available'.
(b) Alaska Highway- Section 104(b)(1)(A) of such title is amended by striking `$18,800,000 for each of fiscal years 1998 through 2002' and inserting `$30,000,000 for each of fiscal years 2005 through 2009'.
(c) National Highway System Component- Section 104(b)(1)(A) of such title is amended by striking `$36,400,000 for each fiscal year' and inserting `$40,000,000 for each of fiscal years 2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 2009'.
(d) CMAQ Apportionment- Section 104(b)(2) of such title is amended--
(1) in subparagraph (B)--
(A) by striking clause (i) and inserting the following:
`(i) 1.0 if, at the time of apportionment, the area is a maintenance area;';
(B) by striking `or' at the end of clause (vi);
(C) by striking the period at the end of clause (vii) and inserting `; or'; and
(D) by adding at the end the following:
`(viii) 1.0 if, at the time of apportionment, an area is designated as nonattainment for ozone under subpart 1 of part D of title I of such Act (42 U.S.C. 7512 et seq.).'; and
(2) by striking subparagraph (C) and inserting the following:
`(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE AREAS- If, in addition to being designated as a nonattainment or maintenance area for ozone as described in section 149(b), any county within the area was also classified under subpart 3 of part D of title I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a nonattainment or maintenance area described in section 149(b) for carbon monoxide, the weighted nonattainment or maintenance area population of the county, as determined under clauses (i) through (vi) or clause (viii) of subparagraph (B), shall be further multiplied by a factor of 1.2.'.
(e) Report- Section 104(j) of such title is amended by striking `submit to Congress a report' and inserting `submit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet,'.
(f) Operation Lifesaver- Section 104(d) of such title is amended--
(1) by striking paragraph (1) and all that follows through the period at the end of paragraph (2)(A) and inserting the following:
`(1) OPERATION LIFESAVER- To carry 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--
`(A) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $560,000 for such fiscal year; and
`(B) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $560,000 for each of fiscal years 2006 through 2009.
`(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH SPEED RAIL CORRIDORS-
`(A) FUNDING- To carry out the elimination of hazards at railway-highway crossings--
`(i) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $5,250,000 for such fiscal year; and
`(ii) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $7,250,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, $12,500,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009.'; and
(2) in paragraph (2)(E)--
(A) by striking `Not less than $250,000 of such set-aside' and inserting `Of such set-aside, not less than $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year 2009'; and
(B) by striking `per fiscal year'.
SEC. 1104. EQUITY BONUS PROGRAM.
(a) In General- Section 105 of title 23, United States Code, is amended to read as follows:
`Sec. 105. Equity bonus program
`(1) IN GENERAL- Subject to subsections (c) and (d), for each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a percentage of the total apportionments for the fiscal year for the programs specified in paragraph (2) that is less than the percentage calculated under subsection (b).
`(2) SPECIFIC PROGRAMS- The programs referred to in subsection (a) are--
`(A) the Interstate maintenance program under section 119;
`(B) the national highway system program under section 103;
`(C) the highway bridge replacement and rehabilitation program under section 144;
`(D) the surface transportation program under section 133;
`(E) the highway safety improvement program under section 148;
`(F) the congestion mitigation and air quality improvement program under section 149;
`(G) metropolitan planning programs under section 104(f);
`(H) the high priority projects program under section 117;
`(I) the equity bonus program under this section;
`(J) the Appalachian development highway system program under subtitle IV of title 40;
`(K) the recreational trails program under section 206;
`(L) the safe routes to school program under section 1404 of the SAFETEA-LU;
`(M) the rail-highway grade crossing program under section 130; and
`(N) the coordinated border infrastructure program under section 1303 of the SAFETEA-LU.
`(1) IN GENERAL- The percentage referred to in subsection (a) for each State shall be--
`(A) for each of fiscal years 2005 and 2006, 90.5 percent, for fiscal year 2007, 91.5 percent, and for each of fiscal years 2008 and 2009, 92 percent, of the quotient obtained by dividing--
`(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; by
`(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year; or
`(B) for a State with a total population density of less than 40 persons per square mile (as reported in the decennial census conducted by the Federal Government in 2000) and of which at least 1.25 percent of the total acreage is under Federal jurisdiction, based on the report of the General Services Administration entitled `Federal Real Property Profile' and dated September 30, 2004, a State with a total population of less than 1,000,000 (as reported in that decennial census), a State with a median household income of less than $35,000 (as reported in that decennial census), a State with a fatality rate during 2002 on Interstate highways that is greater than 1 fatality for each 100,000,000 vehicle miles traveled on Interstate highways, or a State with an indexed, State motor fuels excise tax rate higher than 150 percent of the Federal motor fuels excise tax rate as of the date of enactment of the SAFETEA-LU, the greater of--
`(i) the applicable percentage under subparagraph (A); or
`(ii) the average percentage of the State's share of total apportionments for the period of fiscal years 1998 through 2003 for the programs specified in paragraph (2).
`(2) SPECIFIC PROGRAMS- The programs referred to in paragraph (1)(B)(ii) are (as in effect on the day before the date of enactment of the SAFETEA-LU)--
`(A) the Interstate maintenance program under section 119;
`(B) the national highway system program under section 103;
`(C) the highway bridge replacement and rehabilitation program under section 144;
`(D) the surface transportation program under section 133;
`(E) the recreational trails program under section 206;
`(F) the high priority projects program under section 117;
`(G) the minimum guarantee provided under this section;
`(H) revenue aligned budget authority amounts provided under section 110;
`(I) the congestion mitigation and air quality improvement program under section 149;
`(J) the Appalachian development highway system program under subtitle IV of title 40; and
`(K) metropolitan planning programs under section 104(f).
`(1) MINIMUM COMBINED ALLOCATION- For each fiscal year, before making the allocations under subsection (a)(1), the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a combined total of amounts allocated under subsection (a)(1), apportionments for the programs specified in subsection (a)(2), and amounts allocated under this subsection, that is less than the following percentages of the average for fiscal years 1998 through 2003 of the annual apportionments for the State for all programs specified in subsection (b)(2):
`(A) For fiscal year 2005, 117 percent.
`(B) For fiscal year 2006, 118 percent.
`(C) For fiscal year 2007, 119 percent.
`(D) For fiscal year 2008, 120 percent.
`(E) For fiscal year 2009, 121 percent.
`(2) NO NEGATIVE ADJUSTMENT- No negative adjustment shall be made under subsection (a)(1) to the apportionment of any State.
`(1) PROGRAMMATIC DISTRIBUTION- The Secretary shall apportion the amounts made available under this section that exceed $2,639,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that--
`(A) the amount of funds apportioned to each State for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) for a fiscal year; bears to
`(B) the total amount of funds apportioned to such State for all such programs for such fiscal year.
`(2) REMAINING DISTRIBUTION- The Secretary shall administer the remainder of funds made available under this section to the States in accordance with section 104(b)(3), except that paragraphs (1) through (3) of section 133(d) shall not apply to amounts administered pursuant to this paragraph.
`(e) Metro Planning Set Aside- Notwithstanding section 104(f), no set aside provided for under that section shall apply to funds allocated under this section.
`(f) Authorization of Appropriations- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009.'.
(b) Clerical Amendment- The analysis for subchapter I of chapter 1 of such title is amended by striking the item relating to section 105 and inserting the following:
| `105. Equity bonus program.'. |
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) Allocation- Section 110(a)(1) of title 23, United States Code, is amended--
(1) by striking `2000' and inserting `2007';
(2) by inserting after `such fiscal year' the first place it appears: `and the succeeding fiscal year'.
(b) Reduction- Section 110(a)(2) of such title is amended--
(1) by striking `2000' and inserting `2007';
(2) by striking `October 1 of the succeeding' and inserting `October 15 of such';
(3) by inserting after `Account)' the following: `for such fiscal year and the succeeding fiscal year'; and
(4) by adding at the end the following: `No reduction under this paragraph and no reduction under section 1102(h), and no reduction under title VIII or any amendment made by title VIII, of the SAFETEA-LU shall be made for a fiscal year if, as of October 1 of such fiscal year the balance in the Highway Trust Fund (other than the Mass Transit Account) exceeds $6,000,000,000.'.
(c) General Distribution- Section 110(b)(1)(A) of such title is amended--
(1) by striking `minimum guarantee' and inserting `equity bonus'; and
(2) by striking `Transportation Equity Act for the 21st Century' and inserting `SAFETEA-LU'.
(d) Addition of Highway Safety Improvement Program- Section 110(c) of such title is amended by inserting `the highway safety improvement program,' after `the surface transportation program,'.
(e) Technical Amendment- Section 110(b)(1)(A) of such title is amended by striking `for' the second place it appears.
(f) Special Rule- If the amount available pursuant to section 110 of title 23, United States Code, for fiscal year 2007 is greater than zero, the Secretary shall--
(1) determine the total amount necessary to increase each State's rate of return (as determined under section 105(b)(1)(A) of title 23, United States Code) to 92 percent, excluding amounts provided under this paragraph;
(2) allocate to each State the lesser of--
(A) the amount computed for that State under paragraph (1); or
(B) an amount determined by multiplying the total amount calculated under section 110 of title 23, United States Code, for fiscal year 2007 by the ratio that--
(i) the amount determined for such State under paragraph (1); bears to
(ii) the total amount computed for all States in paragraph (1); and
(3) allocate amounts remaining in excess of the amounts allocated in paragraph (2) to all States in accordance with section 110 of title 23, United States Code.
SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES.
(a) Extension of Date- Section 103(c)(4)(B)(ii) of title 23, United States Code, is amended by striking `12' and inserting `25'.
(b) Removal of Designation- Section 103(c)(4)(B)(iii) of such title is amended--
(1) in subclause (I) by striking `in the agreement between the Secretary and the State or States'; and
(2) by adding at the end the following:
`(III) EXISTING AGREEMENTS- An agreement described in clause (ii) that is entered into before the date of enactment of this subclause shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.'.
SEC. 1107. METROPOLITAN PLANNING.
Section 104(f) of title 23, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
`(1) SET-ASIDE- On October 1 of each fiscal year, the Secretary shall set aside 1.25 percent of the funds authorized to be appropriated for the Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge replacement and rehabilitation programs authorized under this title to carry out the requirements of section 134.';
(2) in paragraph (2) by striking `per centum' and inserting `percent';
(A) by striking `The funds' and inserting the following:
`(A) IN GENERAL- The funds'; and
(B) by striking `These funds' and all that follows and inserting the following:
`(B) UNUSED FUNDS- Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.'; and
(A) by striking `The distribution' and inserting the following:
`(A) IN GENERAL- The distribution'; and
(B) by adding at the end the following:
`(B) REIMBURSEMENT- Not later than 30 days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from funds distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.'.
SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
Section 104(k) of title 23, United States Code, is amended to read as follows:
`(k) Transfer of Highway and Transit Funds-
`(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS-
`(A) IN GENERAL- Subject to subparagraph (B), funds made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.
`(B) NON-FEDERAL SHARE- The provisions of this title relating to the non-Federal share shall apply to the funds transferred under subparagraph (A).
`(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS-
`(A) IN GENERAL- Subject to subparagraph (B), funds made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.
`(B) NON-FEDERAL SHARE- The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to funds transferred under subparagraph (A).
`(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL HIGHWAY ADMINISTRATION-
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), the Secretary may, at the request of a State, transfer funds apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with funds so apportioned or allocated.
`(B) APPORTIONMENT- The transfer shall have no effect on any apportionment of funds to a State under this section or section 105 or 144.
`(C) SURFACE TRANSPORTATION PROGRAM- Funds that are apportioned or allocated to a State under subsection (b)(3) and attributed to an urbanized area of a State with a population of over 200,000 individuals under section 133(d)(3) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.
`(4) TRANSFER OF OBLIGATION AUTHORITY- Obligation authority for funds transferred under this subsection shall be transferred in the same manner and amount as the funds for the projects that are transferred under this subsection.'.
SEC. 1109. RECREATIONAL TRAILS.
(a) Recreational Trails Program Formula- Section 104(h) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking the first sentence and inserting the following: `Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.'; and
(2) in paragraph (2) by striking `After' and all that follows through `remainder of the sums' and inserting `The Secretary shall apportion the sums'.
(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) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to 1 or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and
`(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.'.
(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--
(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 preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) 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. 1110. 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, 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 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.'.
(c) Clarification of Date- Section 109(g) of such title is amended in the first sentence by striking `The Secretary' and all that follows through `of 1970' and inserting `Not later than January 30, 1971, the Secretary shall issue'.
SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.
(a) In General- Section 118(c)(1) of title 23, United States Code, is amended by striking `$50,000,000' and all that follows through `2003' and inserting `$100,000,000 for each of fiscal years 2005 through 2009'.
(b) Technical Amendments-
(1) SECTION 116- Section 116(b) of such title is amended by striking `highway department' and inserting `transportation department'.
(2) SECTION 120- Section 120(e) of such title is amended in the first sentence by striking `such system' and inserting `such highway'.
(3) SECTION 127- Section 127(a) of such title is amended by striking `118(b)(1)' and inserting `118(b)(2)'.
(4) 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.
SEC. 1112. EMERGENCY RELIEF.
There are authorized to be appropriated for each fiscal year such sums as may be necessary for allocations by the Secretary described in subsections (a) and (b) of section 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. 1113. SURFACE TRANSPORTATION PROGRAM.
(a) Program Eligibility- Section 133(b) of title 23, United States Code, is amended--
(1) in paragraph (6) by inserting `, including advanced truck stop electrification systems' before the period at the end; and
(2) by inserting after paragraph (11) the following:
`(12) Projects relating to intersections that--
`(A) have disproportionately high accident rates;
`(B) have high levels of congestion, as evidenced by--
`(i) interrupted traffic flow at the intersection; and
`(ii) a level of service rating that is not better than `F' during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and
`(C) are located on a Federal-aid highway.'.
(b) Repeal of Safety Programs Set-Aside-
(1) REPEAL- Section 133(d)(1) of such title is repealed.
(2) TECHNICAL AMENDMENTS- Section 133(d) of such title is amended--
(A) in the first sentence of paragraph (3)(A)--
(i) by striking `subparagraphs (C) and (D)' and inserting `subparagraph (C)'; and
(ii) by striking `80 percent' and inserting `90 percent';
(B) in paragraph (3)(B) by striking `tobe' and inserting `to be'; and
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and
(iii) in subparagraph (C) (as redesignated by clause (ii)) by adding a period at the end.
(3) EFFECTIVE DATE- Paragraph (1) and paragraph (2)(A)(ii) of this subsection shall take effect October 1, 2005.
(c) Transportation Enhancement Activities- Effective October 1, 2005, section 133(d)(2) of such title is amended by striking `10 percent' and all that follows through `section 104(b)(3) for a fiscal year' and inserting the following: `In a fiscal year, the greater of 10 percent of th |
