[Senate Report 108-222]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
2d Session 108-222
_______________________________________________________________________
Calendar No. 426
SAFE, ACCOUNTABLE, FLEXIBLE,
AND EFFICIENT
TRANSPORTATION EQUITY ACT OF 2003
__________
R E P O R T
of the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
to accompany
S. 1072
together with
MINORITY VIEWS
January 9, 2004.--Ordered to be printed.
Filed under authority of the order of the Senate of December 9, 2003.
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
one hundred eighth congress
JAMES M. INHOFE, Oklahoma, Chairman
JOHN W. WARNER, Virginia JAMES M. JEFFORDS, Vermont
CHRISTOPHER S. BOND, Missouri MAX BAUCUS, Montana
GEORGE V. VOINOVICH, Ohio HARRY REID, Nevada
MICHAEL D. CRAPO, Idaho BOB GRAHAM, Florida
LINCOLN CHAFEE, Rhode Island JOSEPH I. LIEBERMAN, Connecticut
JOHN CORNYN, Texaa BARBARA BOXER, California
LISA MURKOWSKI, Alaska RON WYDEN, Oregon
CRAIG THOMAS, Wyoming THOMAS R. CARPER, Delaware
WAYNE ALLARD, Colorado HILLARY RODHAM CLINTON, New York
Andrew Wheeler Majority Staff Director
Ken Connolly, Minority Staff Director
(ii)
C O N T E N T S
__________
Page
General statement................................................ 1
Background................................................... 1
Highway Safety Program....................................... 2
Mobility..................................................... 2
Freight movement............................................. 3
Program stewardship and improved project delivery............ 3
Conclusion................................................... 4
Section-by-section analyis....................................... 4
Section 1. Short title; table of contents.................... 4
Sec. 2. General definitions.................................. 4
Sec 3. Definitions for title 23.............................. 4
Subtitle A--Funding
Sec. 1101. Authorization of appropriations....................... 5
Sec. 1102. Obligation ceiling.................................... 6
Sec. 1103. Apportionments........................................ 6
Sec. 1104. Minimun guarantee..................................... 7
Sec. 1105. Revenue aligned budget authority (RABA)............... 7
Subtitle B--New Programs
Sec. 1201. Infrastructure Performance and Maintenance program
(IPAM)......................................................... 8
Sec. 1202. Future of the Surface Transportation System........... 8
Sec. 1203. Freight transportation gateways; Freight intermodal
connections.................................................... 9
Sec. 1204. Construction of ferry boats and ferry terminal
facilities..................................................... 9
Sec. 1205. Designation of the Daniel Patrick Moynihan Interstate
Highway........................................................ 9
Subtitle C--Finance
Sec. 1301. Federal share......................................... 10
Sec. 1302. Transfer of highway and transit funds................. 10
Sec. 1303. Transportation Infrastructure Finance and Innovation
Act (TIFIA).................................................... 10
Sec. 1304. Facilitation of International Registration Plans and
International Fuel Tax Agreements.............................. 11
Sec. 1305. Nationla Commission on Future Revenue Sources to
support the Highway Trust Fund and finance the needs of the
Surface Transportation System.................................. 12
Sec. 1306. State infrastructure banks............................ 12
Subtitle D--Safety
Sec. 1401. Highway Safety Improvement Program.................... 13
Sec. 1402. Operation Lifesaver................................... 14
Sec. 1403. License suspension.................................... 14
Sec. 1404. Bus axle weight exemption............................. 14
Sec. 1405. Safe Routes to School program......................... 14
Sec. 1406. Purchase of equipment................................. 15
Sec. 1407. Workzone safety....................................... 15
Sec. 1408. Worker injury prevention and free flow of vehicular
traffic........................................................ 15
Subtitle E--Environmental Planning and Review
Sec. 1501. Integration of natural resource concerns into State
and metropolitan transportation planning....................... 16
Sec. 1502. Consultation between transportation agencies and
resource agencies in transportation planning................... 16
Sec. 1503. Integration of natural resource concerns into
transportation project planning................................ 17
Sec. 1504. Public involvement in transportation planning projects 17
Sec. 1505. Project mitigation.................................... 18
Chapter 2--Transportation Project Development Process
Sec. 1511. Transportation project development process............ 19
Sec. 1512. Assumption of responsibility for categorical
exclusions..................................................... 20
Sec. 1513. Surface transportation project delivery pilot program. 20
Sec. 1514. Regulation............................................ 21
Chapter 3--Miscellaneous
Sec. 1521. Critical real property acquisition.................... 21
Sec. 1522. Planning Capacity Building Initiative................. 21
Subtitle F--Environment
Sec. 1601. Environmental Restoration and Pollution Abatement;
Control of Invasive Plant Species and Establishment of Native
Species........................................................ 22
Sec. 1602. National Scenic Byways Program........................ 22
Sec. 1603. Recreational Trails Program (RTP)..................... 23
Sec. 1604. Exemption of Interstate System........................ 23
Sec. 1605. Standards............................................. 24
Sec. 1606. Use of High-Occupancy Vehicle (HOV) Lanes............. 24
Sec. 1607. Bicycle Transportation and Pedestrian Walkways........ 25
Sec. 1608. Idling Reduction Facilities in Interstate Rights-of-
Way............................................................ 25
Sec. 1609. Toll Programs......................................... 26
Sec. 1610. Federal Reference Method.............................. 26
Sec. 1611. Addition of Particulate Matter Areas to CMAQ.......... 27
Sec. 1612. Addition of CMAQ-Eligible Projects.................... 28
Sec. 1613. Improved Interagency Consultation..................... 29
Sec. 1614. Evaluation and Assessment of CMAQ Projects............ 30
Sec. 1615. Synchronized Planning and Conformity Timelines,
Requirements, and Horizon...................................... 30
Sec. 1616. Transition to New Air Quality Standards............... 32
Sec. 1617. Reduced Barriers to Air Quality Improvements.......... 33
Sec. 1618. Air Quality Monitoring Data Influenced by Exceptional
Events......................................................... 34
Sec. 1619. Conforming Amendments................................. 35
Sec. 1620. Highway Stormwater Discharge Mitigation Program....... 36
Subtitle G--Operations
Sec. 1701. Transportation Systems Management and Operations...... 37
Sec. 1702. Real-time System Management Information Program....... 37
Subtitle H--Federal-Aid Stewardship
Sec. 1801. Future Interstate System Routes....................... 38
Sec. 1802. Stewardship and Oversight............................. 38
Sec. 1803. Design-Build Contracting.............................. 39
Sec. 1804. Program Efficiencies Finance.......................... 39
Sec. 1805. Set-Asides for Interstate Discretionary Projects...... 39
Sec. 1806. Federal Lands Highways Program........................ 40
Sec. 1807. Emergency Relief...................................... 41
Sec. 1808. Highway Bridge Program................................ 41
Sec. 1809. Appalachian Development Highway System................ 41
Sec. 1810. Multistate Corridor Program........................... 41
Sec. 1811. Border Planning, Operations, and Technology and
Capacity Program............................................... 42
Sec. 1812. Puerto Rico Highway Program........................... 43
Sec. 1813. National Historic Covered Bridge Preservation......... 43
Sec. 1814. Transportation and Community and System Preservation
Pilot Program.................................................. 43
Sec. 1815. Tribal-State Road Maintenance Agreements.............. 44
Sec. 1816. Forest Highways....................................... 44
Sec. 1817. Territorial Highway Program........................... 44
Sec. 1818. Magnetic Levitation Transportation Technology
Deployment Program............................................. 44
Sec. 1819. Donations and Credits................................. 45
Sec. 1820. Disadvantaged Business Enterprises.................... 45
Subtitle I--Technical Corrections
Sec. 1901. Repeal or Update of Obsolete Text..................... 45
Sec. 1902. Clarification of Date................................. 45
Sec. 1903. Inclusion of Requirements for Signs Identifying
Funding Sources in Title 23.................................... 46
Sec. 1904. Inclusion of ``Buy America'' Requirements in Title 23. 46
Sec. 1905. Technical Amendments to Nondiscrimination Section..... 46
TITLE II--TRANSPORTATION RESEARCH
Sec. 2001. Authorization of Appropriations....................... 46
Sec. 2002. Obligation Ceiling.................................... 48
Sec. 2003. Notice................................................ 48
Subtitle B--Research and Technology
Section 2101. Research and Technology Program.................... 49
Subchapter I--Surface Transportation
Subsection 501. Definitions.................................. 49
Subsection 502. Surface Transportation Research.............. 49
Subsection 503. Technology Application Program............... 50
Subsection 504. Training and Education....................... 51
Subsection 505. State Planning and Research.................. 51
Subsection 506. International Highway Transportation Outreach
Program.................................................... 52
Subsection 507. Surface Transportation-Environment
Cooperative Research Program............................... 52
Subsection 508. Surface Transportation Research Technology
Deployment and Strategic Planning.......................... 53
Subsection 509. New Strategic Highway Research Program....... 53
Subsection 510. University Transportation Centers............ 53
Subsection 511. Multistate corridor operations and management 54
Sec. 2102. Study of Data Collection and Statistical Analysis..... 54
Sec. 2103. Centers for Surface Transportation Excellence......... 55
Subtitle C--Intelligent Transportation System Research
Sec. 2201. Intelligent Transportation System Research and
Technical Assistance Program................................... 55
Sec. 5501. Short Title....................................... 55
Sec. 5502. Goals and Purposes................................ 55
Subsection 521. Findings................................. 55
Subsection 522. Goals and Purposes....................... 56
Subsection 523. Definitions.............................. 56
Subsection 524. General Authorities and Requirements..... 56
Subsection 525. National ITS Program Plan................ 57
Subsection 526. National ITS Architecture and Standards.. 57
Subsection 527. Research and Development................. 57
Subsection 528. Commercial Vehicle Intelligent
Transportation System Infrastructure Program........... 57
Subsection 529. Use of Funds............................. 58
TITLE III--INTERMODAL PASSENGER FACILITIES
Sec. 3001. Intermodal Passenger Facilities....................... 58
TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
New title provisions......................................... 58
Hearings......................................................... 60
Legislative history.............................................. 88
Rollcall votes................................................... 88
Regulary impact statement........................................ 90
Mandates assessment.............................................. 91
Cost of legislation.............................................. 91
Minority views of Senator Graham................................. 92
Changes in existing law.......................................... 108
Calendar No. 426
108th Congress Report
SENATE
2d Session 108-222
======================================================================
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF
2003
_______
January 9, 2004.--Ordered to be printed.
Filed under authority of the order of the Senate of December 9, 2003.
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[to accompany S. 1072]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1072) to authorize funds for Federal-aid
highways, highway safety programs, and transit programs, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
General Statement
Background
The Transportation Equity Act for the 21st Century was
enacted June 9, 1998, as Public Law 105-178. It authorized the
Federal surface transportation programs for highways, highway
safety, and transit for the 6-year period between 1998-2003.
The TEA-21 Restoration Act, enacted July 22, 1998, provided
technical corrections to the original law.
TEA-21 succeeded the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), which was landmark authorizing
legislation for surface transportation. S. 1072, the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act
of 2003 (SAFETEA) strives to combine the legacies of ISTEA and
TEA-21 with new initiatives to meet greater challenges of
improving mobility and safety, while protecting and enhancing
human and natural environments.
The committee began the reauthorization process in the
107th Congress by holding a series of hearings during which we
heard from over 100 witnesses and reviewed over 1,500 pages of
testimony. A common theme throughout all the hearings was that
TEA-21 worked. Accordingly, the committee did not seek to make
wholesale changes to the existing program. The committee has
also retained the basic formula factors for program
apportionments.
Based on the hearing testimony, the committee did make
certain modifications and enhancements to TEA-21 specific
areas.
Highway Safety Improvement Program
SAFETEA creates a new core Highway Safety Improvement
Program that is intended to raise safety consciousness and
provide funding support to reduce highway injuries and
fatalities. Under current law, States are required to use 10
percent of their Surface Transportation Program (STP) formula
dollars for safety programs. This bill eliminates the 10
percent set-aside from STP and instead funds a new safety core
program. The existing STP formula is used to distribute the new
safety program dollars to the States.
States are required to develop a comprehensive highway
safety plan in consultation with highway safety officials,
local law enforcement officials, and others to identify highway
safety problems which need to be addressed. The plan is to be
the guiding document in allocating funds under the Highway
Safety Improvement Program.
All activities previously eligible under the Hazard
Elimination Program (section 152) are eligible under the new
safety program. Additional activities, related to workzone
safety, such as traffic enforcement activities and installation
of safety barriers, are added.
SAFETEA maintains a set-aside for railroad grade crossings
and increases it to $200 million per year. The bill establishes
a new Safe Routes to School Program funded at $70 million per
year.
Mobility
Despite the historic increase in highways investment
following enactment of TEA-21, operational performance has
declined. For example, a trip that would have taken 25 minutes
during congested periods in 1987 now takes an additional 5
minutes. While increased capital investment is one way to
address this issue, we must also consider ways to better manage
the existing system. This bill proposes a national goal of
real-time traffic information availability for the entire
nation. This goal, while ambitious, is an important one because
we need to reorient our thinking to recognize the importance of
allowing users of the system to utilize the system more
efficiently. Specifically, by providing travelers with useful
information, it will enable them to select the right travel
alternative.
Mobility is a problem in both urban and rural areas.
SAFETEA gives States and localities improved ``tools'' to
address these problems. For example, States are permitted and
encouraged to consider innovative techniques such as HOT lanes
(single occupants pay a toll to use the High Occupancy Lanes)
and variable toll pricing (uses peak hour pricing to control
congestion). The bill establishes an Intermodal Passenger
Facilities Program, adopted from the Administration's proposal,
to improve connections between various modes of transportation.
Current surface transportation programs fail to address the
importance of intercity bus service. In many cases, this type
of service is the only link rural communities have with larger
urban areas. This bill encourages the development of an
integrated system of public transportation facilities through
intercity bus facility grants. The bill also builds upon the
existing Interstate Reconstruction and Rehabilitation Pilot
Program by adding a variable toll pricing provision. This will
give communities the option to use peak hour pricing on
congested facilities in order to increase mobility and improve
air quality.
Although operational performance may have declined, the
overall physical condition of the nation's highway and bridge
infrastructure has improved. According to the 2002 Conditions
and Performance report to Congress, the percentage of highway
mileage with ``acceptable'' ride quality rose from 82.5 percent
in 1993 to 86 percent in 2000. The data clearly demonstrates
that increased investment results in better infrastructure.
This bill follows the example of TEA-21 and substantially
increases the amount of dollars available for States and
communities to improve their transportation facilities.
Freight Movement
Freight movement in America is expected to grow
dramatically in both volume and value over the coming decades.
With increased international trade and movement toward a
``just-in-time'' economy, freight shipping will take on
heightened importance. Throughout the reauthorization hearings,
the committee heard concerns about inadequate facilities,
insufficient capacity and inefficient connections.
SAFETEA calls upon each State to designate freight
coordinators to ensure that freight needs are considered during
the planning process. Efficiency and capacity at both borders
and along major, multi-state trade corridors will be improved
by modifications to TEA-21. The committee has also addressed
challenges in the area of intermodal connectivity by creating a
Gateways initiative, which includes a funding set-aside for
completion of ``last mile'' connections from the National
Highway System core program. Inadequate connections between
port terminals and highways or rail facilities and highways are
a major factor in freight congestion. Although the bill does
not provide for separate funding for freight connections, it
does require State to consider freight infrastructure issues.
Program Stewardship and Improved Project Delivery
While the last 10 years has seen improvements in our
national surface transportation system, in some important cases
this progress has been too slow and costly. The committee heard
testimony on the potential for waste and inefficiency in
projects management. It also heard testimony about the time
consuming process of project delivery, from right-of-way
acquisition and utility relocation to permitting and
environmental documentation. The committee has responded with
measures designed to improve both overall stewardship and
project delivery .
SAFETEA strengthens stewardship of highway trust fund
dollars by requiring project management plans and annual
financial plans for Federal-aid projects above $1 billion and
requiring annual financial plans for all projects receiving
$100 million or more in Federal-aid. As the highway system
ages, extensive reconstruction will be necessary. Many of these
projects may be very large in scope and therefore will require
careful oversight.
SAFETEA addresses several environmental issues. The bill
contains provisions to ease the transition for areas designated
nonattainment under the new air quality standards. The
transportation conformity process is changed to better align it
with air quality planning. SAFETEA provides tools to assist new
nonattainment areas in determining conformity. The bill also
makes progress in streamlining the project delivery process. It
encourages communities and project sponsors to consider
environmental concerns earlier in the process and provides
tools to reduce or eliminate unnecessary delays during the
environmental review stage.
Conclusion
The link between a robust economy and a strong
transportation infrastructure is undeniable. The movement of
people and goods is one of the foremost links in the creation
of jobs and opportunities for Americans. The Department of
Transportation estimates that every $1 billion in new Federal
investment creates more than 47,500 jobs. Accordingly, our
comprehensive 6-year bill at $255 billion will create
approximately
2 million new jobs. The committee is committed to the
enactment of this bill, which is a crucial step in the
continuing economic recovery.
Section-By-Section Analysis
TITLE I--FEDERAL-AID HIGHWAYS
Section 1. Short Title; Table of Contents
This section designates the title of the bill as the ``Safe
Accountable, Flexible, and Efficient Transportation Equity Act
of 2003,'' and lists the table of contents
Sec. 2. General Definitions
This section defines the terms ``Department'' as Department
of Transportation and ``Secretary'' as the Secretary of
Transportation for the purposes of this Act.
Sec. 3. Definitions for Title 23
This section amends Section 101 of title 23, United States
Code to include various refinements to existing definitions.
New definitions for ``recreation roads'' and ``public forest
service roads'' are added to reflect new classes of Federal
lands highways and changes to the definitions of ``forest
development roads and trails'' and ``forest road or trail'' to
reflect current U.S. Forest Service definitions and a new class
of Federal lands highways. Definitions for ``freight
transportation gateway"; ``highway safety improvement project";
``territorial highway system'' and ``transportation systems
management and operations'' are added.
SUBTITLE A--FUNDING
Sec. 1101. Authorization of Appropriations
SUMMARY
This section authorizes sums out of the Highway Trust Fund
(other than Mass Transit Account) for the Interstate
Maintenance Program, National Highway System, Bridge Program,
Surface Transportation Program, Congestion Mitigation and Air
Quality Improvement Program, Highway Safety Improvement
Program, Appalachian Development Highway System Program,
Recreational Trails Program, Federal Lands Program, Multi-State
Corridor Planning Program, Border, Planning, Operations and
Technology Program, National Scenic Byways Program,
Infrastructure Performance and Maintenance Program,
Construction of Ferry Boats and Ferry Terminal Facilities, and
the Puerto Rico Highway Program.
DISCUSSION
The authorizing amounts to be appropriated to each program
are as follows:
Interstate Maintenance............. $5,500,000,000 for fiscal year 2004
$6,300,000,000 for fiscal year 2005
$6,550,000,000 for fiscal years
2006, 2007, 2008, and for fiscal
year 2009
National Highway System............ $6,650,000,000 for fiscal year 2004
$7,650,000,000 for fiscal year 2005
$7,950,000,000 for fiscal years
2006, 2007, 2008, and 2009
Highway Bridge..................... $4,700,000,000 for fiscal year 2004
$5,400,000,000 for fiscal year 2005
$5,600,000,000 for fiscal years
2006, 2007, 2008, and 2009
Surface Transportation............. $6,950,000,000 for fiscal year 2004
$7,950,000,000 for fiscal year 2005
$8,250,000,000 for fiscal years
2006, 2007, 2008, and 2009
Congestion Mitigation and Air $1,900,000,000 for fiscal year 2004
Quality Improvement. $2,150,000,000 for fiscal year 2005
$2,225,000,000 for fiscal years
2006, 2007, 2008, and 2009
Highway Safety Improvement......... $1,200,000,000 for fiscal year 2004
$1,300,000,000 for fiscal year 2005
$1,350,000,000 for fiscal years
2006, 2007, 2008, and 2009
Appalachian Development Highway $590,000,000 for fiscal years 2004
System. through 2009
Recreational Trails................ $60,000,000 for fiscal years 2004
through 2009
Federal Lands Highway Indian $300,000,000 for fiscal year 2004
Reservation Roads. $325,000,000 for fiscal year 2005
$350,000,000 for fiscal year 2006
$375,000,000 for fiscal year 2007
$400,000,000 for fiscal year 2008
$425,000,000 for fiscal year 2009
Recreation Roads................... $50,000,000 for each fiscal years
2004 through 2009
Park Roads and Parkways............ $300,000,000 for fiscal year 2004
$310,000,000 for fiscal year 2005
$320,000,000 for fiscal years 2006
through 2009
Refuge Roads....................... $30,000,000 for fiscal years 2004
through 2009
Public Lands Highways.............. $300,000,000 for fiscal years 2004
through 2009
Safety............................. $40,000,000 for fiscal years 2004
through 2009
Multi-State Corridor Planning...... $112,500,000 for fiscal year 2004
$135,000,000 for fiscal year 2005
$157,500,000 for fiscal year 2006
$180,000,000 for fiscal years 2007
$202,500,000 for fiscal year 2008
$225,000,000 for fiscal year 2009.
Border Planning, Operations, and $112,500,000 for fiscal year 2004
Technology. $135,000,000 for fiscal year 2005
$157,500,000 for fiscal year 2006
$180,000,000 for fiscal year 2007
$202,500,000 for fiscal year 2008
$225,000,000 for fiscal year 2009
National Scenic Byways............. $34,000,000 for fiscal year 2004
$35,000,000 for fiscal year 2005
$36,000,000 for fiscal year 2006
$37,000,000 for fiscal year 2007
$39,000,000 for fiscal years 2008
and 2009
Infrastructure Performance and $2,500,000,000 for fiscal years
Maintenance. 2004, 2005, and 2006
$2,000,000,000 for fiscal years
2007 and 2008
$500,000,000 for fiscal year 2009.
Construction of Ferry Boats and $38,000,000 for fiscal years 2004
Terminal Facilities. through 2009
Puerto Rico Highway................ $140,000,000 for fiscal years 2004
$145,000,000 for fiscal year 2005
$149,000,000 for fiscal year 2006
$154,000,000 for fiscal year 2007
$160,000,000 for fiscal year 2008
$163,000,000 for fiscal year 2009
Sec. 1102. Obligation Ceiling
[RESERVED]
Sec. 1103. Apportionments
SUMMARY
This section makes amendments to current apportionments. It
authorizes the appropriation of funds for the administrative
expenses of the Federal Highway Administration and describes
the use of these funds.
DISCUSSION
This section amends the amounts authorized for
administrative expenses, for specified programs to:
$450,000,000 for fiscal year 2004;
$465,000,000 for fiscal year 2005;
$480,000,000 for fiscal year 2006;
$495,000,000 for fiscal year 2007;
$510,000,000 for fiscal year 2008; and
$525,000,000 for fiscal year 2009.
Funds authorized in this section shall be used for the
Federal-aid highway program and programs authorized under
chapter 2 of title 23, U.S.C.. Such sums as the Secretary
determines to be appropriate shall be transferred to the
Appalachian Regional Commission for administrative activities
associated with the Appalachian Highway Development System.
The bill increases the set-aside for metropolitan planning
to 1.5 percent from the same programs as under TEA-21, and
additionally, the new Highway Safety Improvement Program and
Equity Bonus Program. An increase in funding for metropolitan
planning is required as the 2000 Census establishes 46 new
Metropolitan Planning Organizations (MPOs) throughout the
country which will now be eligible for the Federal planning
funding. This bill directs, each MPO to assume the
responsibility for carrying out specific, costly and detailed
Federal analysis as required under NEPA, air quality
conformity, long range planning, Transportation Improvement
Program planning, transportation modeling, operations, and
public involvement. This bill further enhances metropolitan
planning for habitat plan development, freight movement,
transportation security, deployment of Intelligent
Transportation Systems (ITS) including operating and managing
traffic centers and incident management programs, and
interacting with emergency management officials regarding
homeland security issues.
Sec. 1104. Minimum Guarantee
SUMMARY
This section replaces the Minimum Guarantee Program under
section 105 of title 23, United States Code.
DISCUSSION
The Secretary shall ensure that the percentages of
apportionments of each State is sufficient to ensure that no
State's percentage return from the Highway Trust Fund is less
than 90.5 percent in each of the fiscal years 2004-2009. The
rate of return shall include from each State, the total
apportionments made for the fiscal year for the Interstate
Maintenance Program, the National Highway System Program, the
Highway Bridge Program, the Surface Transportation Program, the
Congestion Mitigation and Air Quality Improvement Program, the
Highway Safety Improvement Program, the Appalachian Development
Highway System Program, the Recreational Trails Program, the
Infrastructure Performance and Maintenance Program, the
Metropolitan Planning Program, and the Equity Bonus Program.
Sec. 1105. Revenue Aligned Budget Authority (RABA)
SUMMARY
This section changes the calculation of Revenue Aligned
Budget Authority under section 110 of title 23, U.S.C.
DISCUSSION
A new method of determining RABA is established in this
section. This provision amends section 110 of title 23, to
continue the RABA provision during fiscal years 2006-2009. It
also amends section 110 to provide that if the RABA adjustment
in a fiscal year is negative, the amount of contract authority
apportioned to the States for that year shall be reduced by an
amount equal to the negative RABA. Under TEA-21, negative
adjustments were delayed until the succeeding fiscal year.
SUBTITLE B--NEW PROGRAMS
Sec. 1201. Infrastructure Performance and Maintenance Program (IPAM)
SUMMARY
This discretionary program seeks to promote projects that
result in immediate benefits for the highway system condition
and performance while avoiding long-term commitments of funds
and is a way to aid in spending down Highway Trust Fund
balances.
DISCUSSION
For activities under this section, States may obligate
funds allocated to them under the following program categories:
Interstate Maintenance, National Highway System, Surface
Transportation Program, Highway Safety Improvement Program,
Congestion Mitigation and Air Quality Improvement, and the
Highway Bridge Program. Eligible activities include the
preservation, maintenance, or improvement of existing highway
infrastructure elements or operational improvements at points
of recurring highway congestion.
The intent of the IPAM program is to fund ready-to-go
projects a State may undertake and complete within a short
timeframe. A State must obligate IPAM funds within 6 months of
the allocation or the Secretary shall withdraw the funds and
obligation authority and redistribute the funds and authority
to another State with the ability to obligate additional IPAM
funds before the end of the fiscal year or they shall lapse.
Sec. 1202. Future of the Surface Transportation System
SUMMARY
The Secretary is to conduct a comprehensive study of future
transportation needs of our surface transportation system and
its connections to freight facilities and other modes of
transportation.
DISCUSSION
Section 101 of title 23 is amended by changing the
declaration of policy to include additional language to support
the transportation needs of the 21st century. The Secretary
shall conduct a complete investigation and study of the current
conditions and the future needs of the surface transportation
system. This section describes the specific issues to be
addressed and in the study and requires that the study be made
available to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 4 years.
Sec. 1203. Freight Transportation Gateways; Freight Intermodal
Connections
SUMMARY
This program promotes intermodal improvements for freight
movement into and through nationally or regionally significant
trade transport gateways, ports, and hubs, including
improvements to intermodal connectors.
DISCUSSION
States shall create a freight transportation coordinator
position to coordinate public and private collaboration in
developing regional solutions to freight transportation and
freight gateway problems. States are directed to ensure that
intermodal freight transportation needs are integrated into the
project development process, including transportation planning.
The intent of these provisions is to direct use of Federal-
aid dollars: (1) for intermodal freight movement to relieve
congestion related to existing (and future) high levels of
truck traffic at major gateways and hubs; and (2) to encourage
adoption of new financing strategies to leverage State, local,
and private investment in freight transportation gateways; and
(3) to increase economic efficiency by facilitating the
movement of goods. This section also makes intermodal freight
projects eligible for NHS and STP and directs each State to
set-aside not less than 2 percent of its annual NHS
apportionment to carry out this section.
Sec. 1204. Construction of Ferry Boats and Ferry Terminal Facilities
SUMMARY
The Secretary shall carry out a program for the
construction of ferry boats and ferry facilities in accordance
with section 129(c).
DISCUSSION
SAFETEA continues the authorization of $38,000,000 for each
of fiscal years 2004 through 2009 for ferry boats and ferry
terminal facilities. In addition, the Secretary shall set-aside
$20,000,000 from the National Highway System for the
construction or refurbishment of ferry boats and ferry
terminals, the acquisition of zero or low-emission boats and
the construction of approaches to facilities located in the
marine highway systems that are part of the Nation Highway
System (i.e., ``last mile'' connections).
Sec. 1205. Designation of Daniel Patrick Moynihan Interstate Highway
SUMMARY
This section designates Interstate Highway 86 in the State
of New York as the Daniel Patrick Moynihan Interstate Highway.
SUBTITLE C--FINANCE
Sec. 1301. Federal Share
SUMMARY
This section amends section 120(b) of title 23, U.S.C.,
which determines the increased Federal share applied to certain
Federal-aid highway projects. The sliding scale established in
section 120(b) of title 23, U.S.C. is modified to simplify the
calculation used to determine the rates for each State. The
sliding scale allows those States with higher percentages of
Federal lands to increase their Federal share derived from a
specific formula. States may voluntarily increase their share
on Federal-aid projects, which may in effect decrease the
Federal share.
DISCUSSION
The amended provision directs the Department to create a
table using the criteria currently listed in 120 (a) and (b)
with the exception that States are no longer required to have
an agreement. Use of this table by States with higher
percentages of Federal lands, allows those States the highest
Federal share possible and gives them maximum flexibility in
determining the appropriate Federal share.
Sec. 1302. Transfer of Highway and Transit Funds
SUMMARY
This section clarifies and authorizes the transferability
of funds from the Highway Trust Fund.
DISCUSSION
This provision clarifies that title 23 funds may be
transferred by the Secretary to the Federal Transit
Administration for other than a transit capital project,
provided such project is eligible for title 23 assistance.
This section also allows funds derived from the HTF to be
transferred, at the request of a State, to another State or
States or to a Federal agency provided that they are expended
on title 23 eligible projects.
An equal amount of obligation authority is transferred with
funds transferred from one State to another State. Funds may
only be used for the same purpose and in the same manner for
which they were authorized.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act
(TIFIA) Amendments
SUMMARY
This section makes amendments to the TIFIA program under
sections 181 through 189 of title 23, U.S.C.
DISCUSSION
The change to section 181(8)(D), as redesignated, expands
the definition of freight-related projects eligible for TIFIA
assistance. The provision also allows for a group of such
related projects to be eligible, each of which individually
might not meet the threshold requirements to apply for TIFIA
credit assistance.
The change to section 182(a)(1) clarifies the provision
regarding statewide and metropolitan planning requirements. The
existing provision contained language that could be
misinterpreted to constrain TIFIA assistance in the case of a
project with a construction timetable that extended beyond the
typical 3-year approved State Transportation Improvement
Program (STIP).
The changes to section 182(a)(3) lowers the threshold cost
for eligible projects to $50 million and allows a project to be
eligible when project costs are anticipated to equal or exceed
20 percent of the Federal highway funds apportioned to that
State in the most recently completed fiscal year.
The change to section 183(a)(4) codifies current regulation
requiring a project's senior obligations to receive an
investment-grade rating in order to execute a secured loan
agreement.
The changes to section 184(b)(4) conform the interest rate
setting mechanism for the line of credit with that for secured
loans. This change allows the Department to execute both
agreements on the same date at the same interest rate if a
borrower utilizes both a secured loan and a line of credit for
the same project.
Section 188(a)(2) allows all collected fees to be available
to the Secretary without further appropriation to carry out
this section.
The Administrative costs authorized in 188(a)(3) for this
section are not more than $2,000,000 for each fiscal year 2004
through 2009.
Sec. 1304. Facilitation of International Registration Plans and
International Fuel Tax Agreements
SUMMARY
This section allows the Secretary to provide assistance to
States to help with administrative needs resulting from their
service as a home jurisdiction for motor carriers from Mexico.
DISCUSSION
The International Fuel Tax Agreement (IFTA) and the
International Regional Plan (IRP) are agreements various US
States and Canadian Provinces have that facilitate the
efficient collection and distribution of fuel use taxes and
apportioned registration fees among each member jurisdiction.
Under both programs, each motor carrier designates its home
State or Province as the jurisdiction responsible for
collecting fuel use taxes and fees. Since the implementation of
NAFTA, the Mexican government imposes and collects fuel taxes
and registration fees differently from the US and Canada. The
National Governors Association is currently evaluating Mexico
and its participation in the IFTA and IRP programs. In the
interim, Mexican motor carriers may use individual US States or
Canadian Provinces as their home jurisdiction.
Sec. 1305. National Commission on Future Revenue Sources to Support the
Highway Trust Fund and Finance the Needs of the Surface
Transportation System
SUMMARY
This section establishes a National Commission to conduct a
comprehensive study of the alternatives to replace or
supplement the fuel tax as the principal sources to support the
Highway Trust Fund and suggest new or alterative sources of
revenue to fund the needs of the surface transportation system
over at least the next 30 years.
DISCUSSION
The commission is required to provide in-depth information
on the timing and magnitude of potential revenue needs and
factors that must be considered in implementing any policy
alternatives. The study shall examine the following factors: 1)
the affects of each major tax that goes into the HTF; 2) the
ability to increase taxes if there are revenue shortfalls; and
3) potential new sources of revenue to support highway,
transit, and other surface transportation programs.
Sec. 1306. State Infrastructure Banks
SUMMARY
This section amends 1511(b)(1)(A) of TEA-21, which named
the following States: Missouri, Rhode Island, California, and
Florida. This change extends the program to any State that
seeks to establish a State infrastructure bank.
DISCUSSION
SAFETEA reauthorizes the State Infrastructure Bank (SIB)
program under which all States are authorized to enter into
cooperative agreements with the Secretary to set up
infrastructure revolving funds eligible to be capitalized with
Federal transportation funds authorized for the fiscal year
2004-2009 period.
The SIB program gives States the capacity to increase the
efficiency of their transportation investment and significantly
leverage Federal resources by attracting non-Federal public and
private investment. The program provides greater flexibility to
the States by allowing other types of project assistance in
addition to the traditional reimbursable grant.
SIBs provide various forms of non-grant assistance to
eligible projects, including at or below-market rate
subordinate loans, interest rate buy-downs on third party
loans, and guarantees and other forms of credit enhancement.
Any debt that the SIB issues or guarantees must be of
investment grade caliber.
SUBTITLE D--SAFETY
Sec. 1401. Highway Safety Improvement Program
SUMMARY
This program authorizes a new core Federal-aid funding
program for the Highway Safety Improvement Program (HSIP) in
section 148 of title 23.
DISCUSSION
The committee heard compelling testimony that further
progress was needed to protect the safety of the traveling
public. While the rate of highway fatalities has decreased in
recent years, the number has held steady at nearly 42,000 per
year. In response, the committee has elected to create its only
new core program, the Highway Safety Improvement Program, and
apportion funds to the States for the new program. Recognizing
that needs and circumstances vary in each State, the committee
has sought to provide flexibility to the States on how the new
program funds are spent. To ensure that such flexibility is
well applied, the committee will require each State to develop
a safety plan and restrict spending under the program to
projects or activities arising from that plan.
Section 133 of title 23, is amended by eliminating the
current provision that requires States to set-aside a minimum
of 10 percent of Surface Transportation Program funds for
safety programs. Section 148 is subject to three set-asides: 1)
$200,000,000 for the installation of protective devices and
elimination of hazards at railway-highway crossings; 2)
$70,000,000 for the Safe Routes to Schools program under
section 150 of title 23; and 3) $600,000 for Operation
Lifesaver.
Section 1401 eliminates the Hazard Elimination Program
under section 152 of title 23, and incorporates it into 23
U.S.C. 148, the new HSIP. Additional categories eligible for
funding under this section have been added to what is currently
eligible under subsection (f) and (g) of section 152, title 23.
The HSIP directs State transportation departments to
establish and implement a State strategic highway safety plan
in their State. After a transition period, in order to receive
funds for this program, States must have a process in place to
analyze highway safety problems and opportunities and to
produce strategies to mitigate identified safety problems.
States that have developed a strategic highway safety plan
are also permitted to use up to 25 percent of their section 148
funds on safety projects carried out under any other section of
title 23 as long as the project is consistent with the State's
strategic highway safety plan.
The development of a strategic highway safety plan does not
require changes in existing planning processes, plans, or
programs of other State transportation or highway safety
agencies.
Sec. 1402. Operation Lifesaver
SUMMARY
This section increases the funding level for Operation
Lifesaver from $500,000 to $600,000 for each fiscal year and
moves the source of funding from the Surface Transportation
Program to section 148, the Highway Safety Improvement Program.
Sec. 1403. License Suspension
SUMMARY
Section 164(a)(3) of title 23 is amended by inserting a new
definition for license suspension.
DISCUSSION
Safety advocates have found that repeat offenders, who have
had their license suspended, will often illegally drive during
expended periods of license suspension. Upon recommendation of
safety advocates, the committee has amended the definition of
license suspension to assist States in addressing this problem.
The term license suspension will now mean the suspension of
all driving privileges of an individual for the duration of the
suspension period; or the combination of suspension of all
driving privileges of an individual for the first 90 days of
the suspension period, followed by reinstatement of limited
driving privileges only when the individual operates a motor
vehicle equipped with an ignition interlock system or other
device approved by the Secretary during the remainder of the
suspension period.
Sec. 1404. Bus Axle Weight Exemption
SUMMARY
This section amends section 127 of title 23, relating to
axle weight limitations for vehicles using the Interstate
System.
DISCUSSION
This section amends section 127 of title 23 to exempt any
over-the-road bus (as defined in section 301 of the Americans
With Disabilities Act of 1990) or any vehicle that is regularly
and exclusively used as an intrastate public agency transit
passenger bus using the National System of Interstate and
Defense Highways from the maximum gross weight limitations
imposed by any State.
Sec. 1405. Safe Routes to Schools Program
SUMMARY
This section creates a new Safe Routes to Schools Program,
section 150 of title 23. The Secretary shall establish and
carry out a safe routes to schools program for the benefit of
children who walk and bicycle to school.
DISCUSSION
Before apportioning amounts to carry out section 148 for a
fiscal year, the Secretary shall set-aside $70,000,000 to carry
out this section. The Secretary shall distribute these funds
using the formula established in section 148. The purposes of
this program shall be to enable and to encourage children to
walk and bicycle to school, to encourage a healthy and active
lifestyle by making walking and bicycling to school safer and
more appealing transportation alternatives, and to facilitate
the planning, development, and implementation of projects and
activities that will improve safety in the vicinity (within two
miles ) of primary and secondary schools.
Sec. 1406. Purchases of Equipment
SUMMARY
Section 152 of title 23 is amended to require that States
or other entities carrying out a project funded under this
section, analyze the savings associated with purchasing versus
renting equipment. This section applies to any equipment priced
in excess of $75,000 and aerial work platforms in excess of
$25,000.
Sec. 1407. Workzone Safety
SUMMARY
This section attempts to minimize injuries and fatalities
in workzones by imposing insurance requirements and requiring
the use of ITS technologies and safety budgeting.
DISCUSSION
Section 358(b) of the National Highway System Designation
Act of 1995 is amended to direct the Secretary to further
encourage safety measures on federally assisted projects above
a specified cost threshold. This section also directs the
Secretary to encourage the letting of contracts with
contractors that carry general liability insurance in an amount
not less than $15,000,000. Projects costing more than
$15,000,000 are also required to include continuously monitored
workzone intelligent transportation systems. All federally
funded projects must also fully fund at least 5 percent of the
project costs for workzone safety and temporary traffic control
measures.
The committee is concerned about the growing number of
facilities and injuries in roadway construction workzones. In
an effort to help reduce this clear public problem, the
committee encourages the use of ``Unit-Bid Pricing'' in
Federal-aid highway contracts for costs related to motorist and
roadway construction worker safety, including installation and
maintenance of traffic control devices, utilization of law
enforcement personnel, and the creation of positive separation
between workers and motorists.
Sec. 1408. Worker Injury Prevention and Free Flow of Vehicular Traffic
SUMMARY
This section directs the Secretary to promulgate
regulations requiring workers near a Federal-aid highway to
wear high-visibility clothing, and to require any other worker-
safety measures that the Secretary deems necessary to minimize
worker injuries and maintain the free flow of vehicular
traffic.
SUBTITLE E--ENVIRONMENTAL PLANNING AND REVIEW
Chapter 1 Transportation Planning
Sec. 1501. Integration of Natural Resource Concerns Into State and
Metropolitan Transportation Planning
SUMMARY
This section amends 23 U.S.C. 134(f) and 135(c) to add
factors that may be considered during the transportation
planning process. It also gives States and metropolitan
planning organizations (MPOs) the flexibility to determine,
after soliciting and considering comment from the public, which
of the specific factors are most appropriate for the State or
metropolitan area to consider. Current language in the statute
that bars court review of failure to consider specified
planning factors is retained.
DISCUSSION
Current law requires the planning process to provide for
consideration of projects and strategies that will, among other
things, protect and enhance the environment and improve the
quality of life. The items added by section 1501 provide
planners with more direction as to what those concepts mean,
but do not constitute a checklist with every item requiring
consideration by every State and MPO. Instead, the legislation
allows each State and MPO to decide which specific factors are
appropriate for consideration. Early identification of
potential environmental concerns may help reduce or avoid
delays during environmental review. The Secretary is given no
authority to review, for purposes of planning certification,
the determination of appropriate factors made by a State or
MPO.
Sec. 1502. Consultation Between Transportation Agencies and Resource
Agencies in Transportation Planning
SUMMARY
This section amends 23 U.S.C. 134(g) and 135(e) to require
MPOs and States to consult with various other agencies when
developing the long range transportation plan. Consultation
shall include comparison of the transportation plan to
conservation plans or maps and inventories of natural or
historic resources (if such plans, maps or inventories are
available) or consideration of areas where wildlife crossing
structures may be needed. The section also requires that the
long range plan include a discussion of potential habitat,
hydrological, and environmental mitigation activities that may
assist in compensating for loss of habitat, wetlands and other
environmental functions, including areas that may have the
greatest potential to restore and maintain the habitat types
and hydrological and environmental function affected by the
plan.
DISCUSSION
The requirement for transportation planners to consult with
appropriate resource agencies to compare transportation plans
with available State conservation plans or maps and available
inventories of natural or historic resources, as well as to
identify areas where wildlife crossing structures may be
needed, will help planners to identify and potentially avoid or
minimize impacts of transportation projects on these resources
and thereby facilitate more efficient environmental reviews of
individual projects. However, for various reasons including
financial constraints, State conservation plans or maps or
inventories of natural or historic resources do not exist in
many areas. This legislation does not require the creation of
such plans, maps, or inventories. Consideration of areas where
wildlife crossing structures may be needed is required only
with respect to transportation programs and strategies for the
future. A review of the current infrastructure is not required.
The discussion of potential mitigation activities and areas in
which to carry out those activities is intended to encourage
States to think strategically, particularly for habitat and
wetlands mitigation. The level of detail of this discussion
should correspond to the level of detail contained in the rest
of the plan. For example, a conceptual transportation plan may,
but is not required to, include specific size or location
details that would generally be determined during the
environmental review stage.
Sec. 1503. Integration of Natural Resource Concerns Into Transportation
Project Planning
SUMMARY
This section amends 23 U.S.C. 109(c) to direct the
Secretary to consider two documents regarding context sensitive
design when developing criteria for project design. The current
provision for consideration of ``A Policy on Geometric Design
of Highways and Streets'' is retained.
DISCUSSION
Context sensitive design involves consideration of the
environmental context of a project and encourages design that
minimizes impacts on the project's surroundings. Adding context
sensitive design principles to the current design criteria will
give transportation officials the flexibility to adjust to the
characteristics of each specific location while still ensuring
sound engineering and safety measures.
Sec. 1504. Public Involvement in Transportation Planning and Projects
SUMMARY
This section amends 23 U.S.C. 134(g) and 135(e) to provide
that States and MPOs improve public involvement in the planning
process. To the maximum extent practicable, States and MPOs
shall hold any public meetings at convenient and accessible
locations and times, employ visualization techniques, and
provide for publication of publicly available planning
materials in electronically accessible formats, such as the
worldwide web.
DISCUSSION
Use of advancing technology to publish plans and better
articulate potential benefits and impacts of transportation
plans will improve community awareness during the planning
process. Early identification of community concerns may help
reduce or avoid delays during the environmental review stage.
MPOs, particularly small MPOs, and States have limited
resources to apply toward meeting numerous planning
requirements. Therefore, each MPO and State should use its own
discretion in allocating resources for improved utilization of
technology.
Sec. 1505. Project Mitigation
SUMMARY
This section amends chapter I of title 23, U.S.C., to allow
States to establish habitat, streams, and wetlands mitigation
funds for efforts related to those activities. States are
allowed to deposit Surface Transportation Program and National
Highway System dollars into the funds. States may use the funds
for habitat, streams, or wetlands mitigation related to a
project or projects funded under title 23. In selecting sites
for mitigation efforts, States should give preference to sites
with the greatest potential to restore and preserve habitat and
conserve biodiversity.
DISCUSSION
Federal and State environmental laws may often require
habitat, stream or wetland mitigation to compensate for adverse
environmental impacts that may result from transportation
projects. For example: 1) compliance with the Endangered
Species Act may require habitat mitigation as a reasonable and
prudent measure necessary to minimize the impact on listed
endangered or threatened species; 2) compliance with the Clean
Water Act may require stream mitigation in order to obtain
water quality certification from the State under Section 401;
3) section 404 of the Clean Water Act requires permits for the
discharge of dredged or fill material into navigable waters,
which may require mitigation of wetlands.
The State Mitigation Fund is a planning and project
management tool available to States to provide additional
flexibility and certainty in meeting mitigation requirements
mandated by other environmental laws. In addition, States may
use the mitigation funds to undertake larger mitigation efforts
based on the total impacts of multiple projects rather than
project by project mitigation, enabling States to more
effectively plan for and provide the mitigation that is or
likely will be required for transportation projects under other
environmental laws.
CHAPTER 2--TRANSPORTATION PROJECT DEVELOPMENT PROCESS
Sec. 1511. Transportation Project Development Process
SUMMARY
Section 1511, subsection (a), creates a new section 326 of
title 23, U.S.C., which authorizes the use of and sets forth a
process for agencies to prepare environmental review documents,
studies, approvals, and permits required by Federal law for
approval of a transportation project.
Section 326(a) defines, for purposes of the section, the
terms agency, environmental impact statement, environmental
review process, project, project sponsor, and State
transportation department.
Subsection (b) establishes the Department as the lead
agency and allows the process laid out in this section to be
used by the lead agency either at the request of the project
sponsor or with the concurrence of the project sponsor; (c)
lists the responsibilities of the lead agency; and (d) sets out
the responsibilities of the cooperating agencies.
Section 326(e) directs the lead agency to develop a
coordination plan, which shall include a workplan and a
schedule. Default deadlines are included in the case of the
collaborative process failing to establish comment deadlines.
Subsections (f) and (g) describe the process for developing the
project purpose and need and alternatives, respectively.
Current standards are left unchanged, but opportunity for
public comment is specifically provided.
Section 326(h) sets out a process for resolving inter
agency disputes that arise during the environmental review
process; (i) directs the Secretary to establish a program to
measure and report progress toward improving and expediting the
planning and National Environmental Policy Act (NEPA) review
process; and (j) continues authority for the Secretary to
provide funds to other agencies to assist them in carrying out
the environmental review process for a project.
DISCUSSION
Section 1309 of TEA-21 directed the Secretary of
Transportation to ``develop and implement a coordinated
environmental review process for highway construction and mass
transit projects.'' To date, regulations implementing section
1309 have not been issued. Section 1511 of this legislation
replaces section 1309 of TEA-21 and is intended to facilitate
faster and more efficient completion of transportation projects
without diminishing environmental protections contained in law.
The process established is for complying with current
environmental laws, it does not amend or override any current
law. As in TEA-21, agencies are encouraged to conduct their
reviews, analyses, and studies concurrently with the review
required under the NEPA. Under this process, interested parties
will be involved in the earlier stages of the review required
under the NEPA.
The Department, as the lead agency, will be responsible for
identifying and inviting cooperating agencies; developing an
agency coordination plan, including a workplan and a schedule;
and determining the purpose and need of a project and the
alternatives to be considered. Whereas current practice
involves cooperating agency designations for only those few
agencies that will play a major role in reviewing the project,
this process expands the meaning of the term to include all
agencies that have an interest in or special expertise
regarding the project or its potential impacts.
Public involvement is also enhanced under this process. In
addition to leaving unchanged any current opportunities for
public comment, this process includes new opportunity for
public comment during the determination of project purpose and
need and selection of alternatives to be considered.
Finally, the legislation leaves unchanged the authorization
from TEA-21 for States to use their Federal transportation
dollars as assistance to resource agencies in order to expedite
resource agency activities in the environmental review process.
Sec. 1512. Assumption of Responsibility for Categorical Exclusions
SUMMARY
Section 1512 gives the Secretary authority to assign and a
State the ability to assume the Secretary's responsibility for
processing the environmental review for projects classified as
categorical exclusions under current Council on Environmental
Quality regulations.
DISCUSSION
Categorical exclusions (CEs), according to current Council
on Environmental Quality regulations, are projects that ``do
not individually or cumulatively have a significant effect on
the human environment''. Approximately 90 percent of all
surface transportation projects are processed as CEs. So, while
CEs take significantly less time to prepare than environmental
impact statements, a slight improvement in processing time for
each CE can result in a large improvement system wide.
Sec. 1513. Surface Transportation Project Delivery Pilot Program
SUMMARY
This section establishes a pilot program for not more than
five States to assume the Secretary's responsibility for
environmental review for a project. This delegation does not
extend to conformity determinations, planning requirements, or
rulemaking authority. Delegation of the Secretary's
responsibility to a State shall be governed by a written
agreement between the Secretary and the State. To ensure
compliance by a State, the Secretary shall conduct periodic
audits for each State participating in the program. The public
shall have opportunity to comment prior to the submission of a
State's application to participate in the pilot program and
following an audit of compliance with the agreement.
DISCUSSION
The legislation includes a 5-State pilot program (including
a pilot for the State of Oklahoma) for delegation of certain of
the Secretary's environmental review responsibilities for
transportation projects within the pilot State. The pilot
program is intended to provide information to the committee and
to the public as to whether delegation of the Secretary's
environmental review responsibilities will result in more
efficient environmental reviews that are performed according to
the same procedural and substantive requirements as would apply
if the Secretary were conducting the reviews.
Sec. 1514. Regulations
This section directs the Secretary to promulgate within 1
year regulations necessary to carry out chapters 1 and 2 of the
subtitle.
CHAPTER 3--MISCELLANEOUS
Sec. 1521. Critical Real Property Acquisition
SUMMARY
This section enables States to use Federal funds to acquire
expeditiously a limited number of parcels that may be needed
for future transportation purposes and are threatened by future
economic development. The early acquisition maintains viable
transportation options and provides the States with an
opportunity to reserve future alignment alternatives while
allowing timely and cost-saving acquisitions.
DISCUSSION
This section provides that, in limited circumstances and
with the Secretary's approval, State may use title 23 funds to
cover costs incurred in acquiring parcels of real property,
considered to be critical for any project proposed for title 23
funding, prior to the completion of environmental reviews for
property acquisition. Environmental reviews and approvals are
required before physical construction, demolition, or clearing
can occur. States cannot retain the Federal-aid share of the
proceeds if a parcel is sold or leased.
Prior to the acquisition approval, the Secretary must
determine that the property is offered for sale on the open
market and that acquisition is critical because the property
value is increasing significantly, there is imminent threat of
development of the property, and the property is necessary for
implementation of the project's stated goals.
Sec. 1522. Planning Capacity Building Initiative
SUMMARY
This section establishes a planning capacity building
initiative to strengthen metropolitan and statewide
transportation planning under this title and under Chapter 52
of title 49, and to enhance Tribal capacity to conduct joint
transportation planning under Chapter 2 of title 23.
DISCUSSION
Priority shall be given to planning practices and processes
that support the transportation elements of homeland security
planning, performance based planning, safety planning,
operations planning, freight planning, and integration of
environment and planning. The Federal Highway Administration,
in cooperation with the Federal Transit Administration, will
administer the initiative.
SUBTITLE F--ENVIRONMENT
Sec. 1601. Environmental Restoration and Pollution Abatement; Control
of Invasive Plant Species and Establishment of Native Species
SUMMARY
This section amends title 23 to establish eligibility for
environmental restoration and pollution abatement, and invasive
species. The section makes eligible the use of NHS and STP
funds for activities under this section.
DISCUSSION
Section 165 establishes the eligibility for environmental
restoration and pollution abatement and authorizes the use of
funds for projects, including retrofitting and construction of
stormwater treatment systems to meet Federal and State
requirements under sections 410 and 402 of the Federal Water
Pollution Control Act, which will address water pollution or
environmental degradation caused wholly or partially by a
transportation facility. The expenditure of funds is limited to
20 percent of the total cost of an ongoing reconstruction,
rehabilitation, resurfacing or restoration project.
Current law allows a State to use STP funds for
environmental restoration and pollution abatement projects
(including the retrofit or construction of stormwater treatment
systems) to address water pollution or environmental
degradation caused or contributed to by transportation
facilities. As amended, the use of STP funds is now extended
and the use of NHS funds is now authorized for these projects,
as well as mitigation projects related to Federal highways but
not limited to those currently undergoing reconstruction,
rehabilitation, resurfacing or restoration.
Section 166 establishes provisions for the control of
invasive plant species and the establishment of native plant
species. Activities to control exotic and invasive plant
species or to establish native species may be carried out in
advance, concurrently with, or following project construction.
Activities carried out in advance of projects are allowed if
such measures are consistent with Federal law and State
transportation planning processes.
Sec. 1602. National Scenic Byways Program
SUMMARY
This section amends section 162 of title 23, the National
Scenic Byways Program. The Secretary shall allocate
$220,000,000 for fiscal years 2004 through 2009.
DISCUSSION
Section 162 of title 23 is amended to recognize that the
Secretary already is promoting the collection of National
Scenic Byways and All-American Roads as ``America's Byways.''
If State and byway representatives reach consensus on
establishing a single designation category, then these
amendments will provide the Secretary with the authority to use
any of the three terms National Scenic Byways, All-American
Roads, or America's Byways as the single designation.
A new subsection is added to authorize the Secretary to
form public-private partnerships to carry out technical
assistance, marketing, market research, and promotion with
respect to National Scenic Byways, All-American Roads, or
America's Byways. The National Scenic Byways and All-American
Roads currently are promoted collectively as America's Byways.
The Secretary may use not more than $2,000,000 for each fiscal
year made available under this section to carry out projects
and activities under this subsection.
Sec. 1603. Recreational Trails Program (RTP)
SUMMARY
This section allows funds to be used to provide and
maintain recreational trails for motorized and nonmotorized
recreational trail uses.
DISCUSSION
The changes in section 206 of title 23 amend the
permissible uses of funds apportioned to States under this
program. Eligible categories are added to permit trail
assessment for accessibility and maintenance, and to hire trail
crews or youth conservation or service corps to perform
recreational trails activities. Non-law enforcement trail
safety and trail use monitoring patrols, and trail related
training are now activities eligible for RTP educational funds.
However, funds provided under this program are not intended to
support routine law enforcement.
Under this section, pre-approval planning and environmental
compliance costs may be credited toward the non-Federal share
for RTP projects, limited to costs incurred less than 18 months
prior to project approval.
Since projects in this section are much smaller than
typical highway projects, this program is relieved of several
requirements, which, while appropriate for large highway
projects, are excessively burdensome for small trail projects.
RTP projects are not subject to sections 112, 114, 116, 134,
135, 138, 217, and 301, of title 23 and section 303 of title
49.
Sec. 1604. Exemption of Interstate System
SUMMARY
This section establishes an exemption for the Interstate
System from consideration under section 303 of title 49 and
section 138 of title 23, regardless of whether the Interstate
System or portions of the System may be listed on or eligible
for the National Register of Historic Places. A portion of the
Interstate System that possesses an independent feature of
historic significance, such as a bridge or an architectural
feature, shall be considered an historic site under section 303
of title 49 and section 138 of title 23, as applicable.
Sec. 1605. Standards
SUMMARY
This section amends section 109 of title 23, Standards. The
changes to section 109 are made to place greater emphasis on
the need to consider preservation of human and natural
resources as a part of the decisionmaking process in developing
highway projects.
DISCUSSION
Consideration of the impacts of highway projects has been
part of the design process for many years. However, the
transportation community, the traveling public, and local
communities have demanded improvements in project delivery and
in the make-up of the product that is delivered. Compatibility
with the surrounding context, or environment, and improved
safety for the motorist and the pedestrian are critical. The
changes to this section address the need to see that highway
projects meet all of these goals by having a project sponsor
consider community preservation and community concerns.
This section also directs the Secretary to ensure that the
plans and specifications for proposed highway projects have
considered preservation, historic, scenic, natural environment,
and community values.
Sec. 1606. Use of High-Occupancy Vehicle (HOV) Lanes
SUMMARY
This section amends section 102(a) of title 23 to clarify
existing law and provide more flexibility to State and local
agencies for effective management of HOV facilities.
DISCUSSION
This section identifies the types of vehicles that are
exempt from meeting the minimum occupancy requirements for HOV
facilities. This provision also identifies the possible options
that responsible agencies may select from and use as
operational strategies to maximize the use of existing and
planned future HOV facilities and highway capacity, mitigate
congestion, and reduce fuel consumption.
1) Motorcycles shall not be considered single-occupant
vehicles and shall be
allowed to use HOV facilities, consistent with the
provisions of section 163 of the Surface Transportation
Assistance Act of 1982.
2) Responsible agencies may allow low-emission and energy-
efficient vehicles to use HOV facilities provided that the
agency: creates a program that defines how such qualifying
vehicles are selected and certified; establishes a method to
label qualifying vehicles; continuously monitors, evaluates,
and reports to the
Secretary on performance; and imposes restrictions on the
use of HOV lanes by vehicles that do not meet established
requirements.
3) Responsible agencies are provided with the option of
charging vehicles a toll for the use of an HOV facility if
these vehicles do not meet the minimum occupancy requirements,
and if the requirements of section 129 of title 23 are met.
This section also identifies the associated provisions that
must be followed when establishing a program that addresses how
vehicles can enroll and participate, and the other required
provisions that must be satisfied.
Sec. 1607. Bicycle Transportation and Pedestrian Walkways
SUMMARY
This section makes minor amendments to section 217 of title
23.
DISCUSSION
These changes explicitly allow the use of STP and CMAQ
funds for non-construction pedestrian safety programs whereby
current law only mentions bicycle safety. It also explicitly
mentions pedestrian use on bridges, whereby current law only
mentions bicycle use.
The current practice of charging user fees for shared-use
paths is now explicitly allowed. The fees collected by a State
must be used for maintenance and operation of shared use paths
within the State. This provision restricts the application of a
user fee to shared-use paths not within a highway right-of-way
and prohibits extension of user fees to sidewalks or bicycle
lanes.
In order to address concerns regarding bicycle and
pedestrian safety, the national bicycle and pedestrian
clearinghouse first authorized in section 1212(i) of TEA-21 is
reauthorized. A new subsection (j) provides funding and
contract authority for these safety efforts for fiscal years
2004 through 2009.
This section also provides that the bicycle and safety
grants are to be funded by a set-aside from the Surface
Transportation Program.
Sec. 1608. Idling Reduction Facilities in Interstate Rights-of-Way
SUMMARY
This section creates an exception to the prohibition on the
placement of commercial establishments in rest and recreation
areas, and in safety rest areas, constructed or located on
rights-of-way of the Interstate System.
DISCUSSION
The purpose of this exception allows States (either
directly or through contracts) to place electrification or
other idling reductions facilities in rest areas that can be
used to provide heating, air conditioning, electricity, and
communication to motor vehicles used for commercial purposes.
Through these facilities, operators of such motor vehicles are
able to receive these services without turning on their
engines, thereby reducing vehicle emissions. States, other
public agencies, and private entities that are already allowed
to operate on the Interstate System, may charge for the
services provided under this authority.
Sec. 1609. Toll Programs
SUMMARY
This section modifies the Interstate System Reconstruction
and Rehabilitation Program and establishes a new Variable Toll
Pricing Program. The Interstate System Reconstruction and
Rehabilitation Pilot Program, established in TEA-21, is amended
to ease the eligibility criteria for participation in the pilot
program. The Variable Toll Pricing Program that replaces the
Value Pricing Pilot Program under TEA-21.
DISCUSSION
The change to the Interstate System Reconstruction and
Rehabilitation Program modifies the financial analysis to
require that the State demonstrate that financing the
improvements through tolls is the most efficient, economical,
or expeditious way to advance the project.
This section also establishes a variable toll pricing
program to enable the use of variable toll pricing on congested
facilities in order to increase mobility and improve air
quality.
The Secretary may permit a State or public authority to
toll any highway, bridge, or tunnel, including facilities on
the Interstate System, to manage high levels of congestion or
reduce emissions in a nonattainment area or maintenance area.
To be eligible to participate in this program, a State must
provide to the Secretary a description of the congestion and
air quality problems to be addressed and the goals to be
achieved.
This section also permits any State or public authority
currently operating under the authority of a cooperative
agreement developed under the value pricing pilot program from
TEA-21 to continue operating under the terms of that agreement
and states that any State or public authority shall be allowed
to continue tolling under that authority.
Sec. 1610. Federal Reference Method
SUMMARY
This section directs EPA to conduct a study of the ability
of monitors to differentiate particulate matter larger than 2.5
micrometers in diameter (coarse particulate matter). EPA is
also directed to develop a method to measure directly the
amount and composition of coarse particulate matter.
DISCUSSION
This section directs EPA to conduct a study of the ability
of monitors to differentiate particulate matter larger than 2.5
micrometers in diameter (coarse particulate matter). This study
will give policymakers and the agency a better understanding of
the difficulties involved in distinguishing particles that are
smaller than 2.5 micrometers in size from those that are
larger. This knowledge will assist policymakers by minimizing
the potential of measurements to either inflate or deflate the
quantity of smaller particles, or to inflate or deflate the
quantity of larger particles.
EPA is also directed to develop a method to measure
directly the amount and composition of coarse particulate
matter. This will ensure that EPA has the tools necessary so
that it does not need to rely on a methodology for measuring
coarse particles (2.5 to 10 microns in size) by measuring all
particles (up to 10 microns in size) and subtracting fine
particles (2.5 microns or less in size), as this subtraction
method may increase the probability of measurement error. EPA
is also directed to develop a method to measure different kinds
of particles. By developing the ability to measure different
types, or so-called ``species'' of particles, the agency will
be able to better identify those particles that constitute the
particles of greater concern and to identify the point of
origin of the emissions for purposes of modeling.
Sec. 1611. Addition of Particulate Matter Areas to CMAQ
SUMMARY
This section modifies the Congestion Mitigation and Air
Quality Improvement (CMAQ) program apportionment formula in
anticipation of the new air quality standards that will soon be
in effect for ozone and fine particulate matter (PM-2.5). The
basic construct of the CMAQ apportionment formula remains
unchanged: CMAQ funds are allocated to each State based on the
ratio of the total weighted population of a State's
nonattainment and maintenance areas to the total weighted
population of all nonattainment and maintenance areas in the
Nation. In addition, all States are guaranteed at least \1/2\
of 1 percent.
DISCUSSION
This section adds the population of areas that are
nonattainment for the fine particulate matter standard (PM-2.5)
and the 8-hour ozone standard into both parts of the ratio,
weighted with factors of 1.2 and 1.0, respectively. Fine
particulate matter and 8-hour ozone areas have been added to
the formula because once the designations are made for these
standards in 2004, these areas will need funds to help them
attain the standards.
The weighting factor for the population of ozone and carbon
monoxide maintenance areas is now changed from 0.8 to 1.0, to
remedy the counterproductive multiplication result that
occurred when multiplying by a number less than 1.0. Weighting
factors are multiplied when an area is nonattainment or
maintenance for more than one pollutant so that the area
receives additional funds. However, this result does not occur
if one of the weighting factors is 0.8 (e.g., 0.8 x 1.2 =
0.96). In addition, PM-2.5 maintenance areas have been added
and also receive a weight of 1.0.
The weighting factors for the different classifications of
1-hour ozone areas are not changed, and range from 1.0 to 1.4,
depending on classification. However, the population of all
areas that are nonattainment for the 8-hour ozone standard are
weighted with a factor of 1.0. If there is some period of time
when both the 1-hour and 8-hour ozone standards apply, the
population in areas that are nonattainment or maintenance for
both ozone standards should receive the higher of the two
weighting factors, which will be the 1-hour weighting factor.
EPA intends to revoke the 1-hour standard 1 year after
designating areas for the 8-hour standard, and therefore, the
length of time when both ozone standards apply will be limited.
A slight change has been made to the formula in the case
where an area is nonattainment or maintenance for both ozone
and carbon monoxide. Instead of multiplying the entire
population of the ozone area by an additional adjustment factor
of 1.2, only the population of the ozone area that lives within
the boundary of the carbon monoxide area is multiplied by the
adjustment factor of 1.2. This change corrects the current
method, where the entire population of the ozone area is
multiplied by 1.2 regardless of the size of the CO area. The
change improves distribution of CMAQ funding by better
allocating it according to the number of people living in areas
designated nonattainment or maintenance for various pollutants.
An additional adjustment factor of 1.2 is also included for
areas that are nonattainment for ozone, CO, or both that are
also nonattainment or maintenance for PM2.5.
Therefore, if a particular county is designated as
nonattainment or maintenance for all three pollutants, the
factors would be multiplied together (e.g., 1.0 x 1.2 x 1.2,
for a total weighting factor of 1.44). The additional
adjustment factor provides areas that are nonattainment or
maintenance for more than one pollutant with additional CMAQ
funds, recognizing that these areas must attain or maintain
more than one air quality standard.
Sec. 1612. Addition of CMAQ-Eligible Projects
SUMMARY
Paragraph (a) of section 1612 makes the purchase of
alternative fuel, as defined in the Energy Policy act of 1992,
and the purchase of biodiesel fuel eligible activities under
the CMAQ program.
Paragraph (b) of this section ensures that States that
receive the minimum apportionment can use CMAQ money to fund
projects for the purpose of congestion mitgation or improving
air quality, instead of only being able to use CMAQ dollars for
projects that can be funded under the surface transportation
program.
DISCUSSION
Currently, CMAQ funds can be used for a wide array of
purposes designed to improve air quality, including
improvements to transit systems, capital improvements to ITS
projects, bicycle and pedestrian facilities, traffic flow
improvements, alternative fuel infrastructure, inspection and
maintenance programs, and shared ride services. The Clean Air
Act (CAA) and EPA encourage the use of alternative fuels to
assist areas in reducing criteria pollutants. CMAQ provisions
in TEA21 / ISTEA include a specific subsection authorizing the
use of CMAQ funds on alternative fuel infrastructure. Section
1612 further facilitates the use of alternative fuels by also
allowing purchase of alternative fuels with CMAQ funds.
The committee is also aware that some confusion remains in
DOT and EPA field and regional offices regarding whether
projects to control the extended idling of vehicles, such as
advanced truck stop electrification projects, are eligible for
CMAQ funding. Such confusion has led to delays in project
approvals. Advanced truck stop electrification projects
dramatically reduce emissions, and therefore improve air
quality, by allowing long-haul drivers to turn off their
engines during extended stops (e.g., during USDOT-mandated rest
periods); mitigate congestion by providing drivers timely
information regarding road congestion and alternative routes;
enhance energy independence by reducing diesel fuel
consumption; enhance highway safety by providing drivers a
quieter, more restful sleep environment; and reduce noise
impacts to nearby neighborhoods. Furthermore, advanced truck
stop electrification projects can quality for CMAQ funding,
whether they are implemented through public-private
partnerships; involve private ownership of land, project
facilities or other physical assets, emission reduction credits
and offsets; or are located on public or private land or
rights-of-way. Such programs are clearly authorized under
section 108(f)(1)(A)(xi) of the Clean Air Act (42 U.S.C.
7408(f)(1)(A)(xi) and associated Federal guidance (65 Fed. Reg.
9040 (Feb. 23, 2000)). Therefore, the committee directs the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency to issue guidance to all
appropriate Federal, State and local agencies that interpret
and implement CMAQ and/or Clean Air Act programs informing such
agencies as to the foregoing.
Paragraph (b) of this section remedies an oversight that
exists in the current law by providing States that receive the
minimum amount of CMAQ funding the ability to use the money for
air quality and congestion mitigation projects, if they so
choose. States that receive the minimum apportionment either do
not have nonattainment and maintenance areas, or have a
nonattainment or maintenance area with a small enough
population that they would only receive the guaranteed minimum
\1/2\ of 1 percent based on the population apportionment
formula. This section of the bill allows these States to fund
CMAQ-type projects with their CMAQ funds. It allows these areas
to fund projects that would otherwise be eligible under section
149(b), regardless of the fact that section 149(b) specifically
states that the eligible projects may only be funded in
nonattainment or maintenance areas. This change is in keeping
with the overall purpose of the CMAQ program.
Sec. 1613. Improved Interagency Consultation
SUMMARY
Section 1615 requires the Secretary to encourage States and
MPOs to consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emissions
reductions from proposed congestion mitigation and air quality
improvement programs and projects.
DISCUSSION
The purpose of the C MAQ program is to help States meet
their air quality goals of attaining or maintaining the air
quality standards. This section has been added to acknowledge
that State and local air quality agencies have valuable input
with regard to which projects can best serve this purpose in
their particular areas, and their participation in selecting
projects, while not mandated, is to be encouraged. States,
MPOs, and transit agencies, in consultation with State and
local air quality agencies, are encouraged to work
cooperatively in developing criteria for project selection and
in making decisions over which projects and programs to fund
under the CMAQ program.
Sec. 1614. Evaluation and Assessment of CMAQ Projects
SUMMARY
Section 1616 requires the DOT to evaluate and assess a
representative sample of CMAQ projects in consultation with
EPA, maintain and disseminate a data base of CMAQ projects, and
consider the recommendations and findings of the NAS CMAQ
report in consultation with EPA.
DISCUSSION
Evaluation and information sharing are important aspects of
the CMAQ program and should be used to direct CMAQ funding
toward the most cost-effective projects and programs. CMAQ
funding can be used for innovative projects that contribute to
improved air quality. If a particular type of project is
successful in achieving emissions reductions, the goals of the
program are furthered if that information is shared widely with
other nonattainment and maintenance areas. The Department, in
consultation with EPA, must consider the NAS report
recommendations and findings to improve the operation and
evaluation of the program. The committee's interest is to
ensure that the information from previous efforts and expenses
is used wisely.
Sec. 1615. Synchronized Planning and Conformity Timelines,
Requirements, and Horizon
SUMMARY
This section changes how often updates must be made to
metropolitan transportation plans and metropolitan
transportation improvement programs (TIPs) in nonattainment and
maintenance areas, and statewide TIPs. Currently, these
documents expire every 3 years, 2 years, and 3 years,
respectively. With this bill, all three of these planning
documents must be updated every 4 years. This section also
changes the minimum frequency with which transportation
conformity must be demonstrated to every 4 years. Other changes
to transportation conformity include a change in the horizon of
the conformity determination, and a change in the projects to
which conformity applies. In addition, this section adds a
requirement for EPA's conformity regulations.
DISCUSSION
Frequency. Section 1617 amends 23 U.S.C. 134 to require
that metropolitan transportation plans and metropolitan
transportation improvement programs (TIPs) be updated every 4
years in nonattainment and maintenance areas. Currently, plans
must be updated every 3 years, but TIPs must be updated every 2
years. Attainment areas will continue to update transportation
plans every 5 years. Section 135 is also amended to require
that statewide TIPs be updated every 4 years, to be consistent
with metropolitan plans and TIPs. The section also amends
section 176 of title 42, the conformity section of the Clean
Air Act, to require that conformity for transportation plans
and TIPs be determined every 4 years, unless an MPO elects to
update their plan or TIP more frequently, or conformity is
triggered by triggered by an EPA action on a SIP submission. In
the case where conformity is triggered by an EPA SIP action,
this section provides metropolitan areas with 2 years to
determine conformity (currently, areas have 18 months).
The committee recognizes that there may be value to
transportation planners in placing the frequency of
metropolitan transportation plan and TIP updates and the
frequency of conformity determinations on the same timetable,
and also recognizes the benefit of giving metropolitan areas
more time to devote to planning. The current transportation law
requires TIPs to be updated at least every 2 years, and current
planning regulations require plans to be updated every 3 years.
Because conformity must be determined before new TIPs or new
plans are adopted, many metropolitan areas were starting
another TIP update as soon as transportation planning and
conformity requirements were met for the previous one. Some
witnesses testifying before the committee has indicated that
transportation planning will improve if metropolitan areas have
more time to devote to it, rather than continuously creating
TIP updates and determining their conformity. Because
conformity must still be determined before an updated plan or
TIP is adopted, air quality should not be affected by this
change; air quality impacts will still be checked before any
major changes to the transportation network are made.
Horizon. This section also changes the horizon of the
conformity determination, that is, how far into the future each
conformity determination must examine. Currently, a conformity
determination is made analyzing a 20 year period of time, which
is the length of time covered by a transportation plan. This
section changes the horizon of a conformity determination to be
the longest of 10 years, the latest year a State air quality
plan (State Implementation Plan, or SIP) establishes a budget,
or the year after a regionally significant project is completed
if the project requires approval before the next conformity
determination.
Conformity must marry two separate planning activities:
transportation planning and air quality planning. While
transportation plans cover a period of 20 years, SIPs, which
are used as the measure of conformity, generally cover a period
of 10 years or fewer. The committee is changing the horizon of
the conformity determination so that it more closely matches
the length of time covered by a SIP. In addition, the language
also ensures that the emissions impacts of large projects on
travel are considered before Federal approvals are made. The
change made to the horizon does not preclude State or local
agencies from examining longer time periods for informational
or local air quality purposes, if they choose to do so.
Projects. This section defines transportation project to
include only a project that is regionally significant, or a
project that makes a significant revision to an existing
project. The definition of regionally significant project
closely tracks the existing EPA definition in regulation.
Likewise, the definition of significant revision tracks the
existing EPA criteria for significant change in design concept
or scope. With the addition of this definition for
transportation project, conformity determinations are required
for regionally significant projects or projects that make a
significant revision to an existing project, rather than for
every Federal project. However, this change does not affect the
requirement that the emissions impacts from all projects in the
transportation plan and TIP must be considered when determining
conformity of a plan or TIP. Vehicle Miles Traveled (VMT) from
projects that are not regionally significant must still be
considered in a plan or TIP conformity determination.
Requirement for Regulation. This section adds a new
requirement that EPA's regulations must address the effects of
the most recent population, economic, employment, travel,
transit ridership, congestion, and induced travel demand
information in the development and application of the latest
travel models. This section requires that EPA adjust
regulations to ensure that travel models can account for the
effects of these elements. Currently, travel models can account
for the effects of most of the elements on this list, because
the Clean Air Act has required that conformity be based on the
most recent estimates of emissions since 1990, and EPA's
conformity regulations specify how latest information regarding
population, employment, travel, congestion, and transit service
must be incorporated into a conformity determination.
The new elements on this list are induced travel demand and
transit ridership information. The committee recognizes that
induced demand is a concept that is relatively recent and has
been the subject of some debate. Before changing regulations in
response to this section, EPA should examine the recent
literature regarding induced demand, including papers on the
topic submitted to the Transportation Research Board within the
last 6 years. Recent literature should inform EPA's proposal on
where, when, and how induced demand should be included in
travel models. If recent literature does not include
recommendations for how to incorporate induced demand into
travel modeling, then EPA should request input on this topic
from the public and the expert community prior to proposing its
regulations.
Sec. 1616. Transition to New Air Quality Standards
SUMMARY
Section 1616 provides methods for new nonattainment areas
to use in determining transportation conformity to help achieve
the national ambient air quality standards. Many areas will
soon be designated nonattainment with the revised national
ambient air quality standards for ozone (the 8-hour standard)
and fine particulate matter (PM-2.5). In the case of areas that
have not been in nonattainment before and have not been
required to demonstrate transportation conformity or develop an
emissions budget to use in that demonstration, or in the event
that the agency revokes a prior standard before new
nonattainment areas have approved emissions budgets for a
revised standards, the committee has provided that those areas
would be able to use an emissions budget in a SIP for prior
standard for the same pollutant, if one is available. Areas
could also use the other tests that are currently available in
cases where an area does not have a SIP.
DISCUSSION
This section is added because EPA plans to designate areas
for the new 8-hour ozone standard in April 2004, and make
designations for the fine particulate matter standard (PM-2.5)
in December 2004. Newly designated nonattainment areas that
have not been previously designated nonattainment for the same
pollutant will have a 1-year grace period before conformity
applies, but they have 3 years to submit SIPs to EPA. SIPs
include motor vehicle emissions budgets, which are the total
amount of each pollutant or precursor that is allowable for the
transportation sector. These budgets serve as the measure of
comparison when determining conformity. Therefore, after areas
are designated for an air quality standard, there will be a
period of time when other means of determining conformity must
be used.
This section will allow areas that are designated for the
new 8-hour ozone standard to use the motor vehicle emissions
budget from their 1-hour ozone SIP, if it exists, even if EPA
revokes the 1-hour standard. Rather than referring specifically
to the 8-hour and 1-hour ozone standards, this section is
written broadly to refer to any standards. The committee
recognizes that EPA, from time to time, may revise air quality
standards. Areas should be able to use the budgets from the SIP
that addresses the most recent prior standard of the same
pollutant, if one exists and EPA has found its budgets adequate
or has approved the SIP.
The committee did not mandate the use of the budgets from a
SIP for the most recent prior standard, but instead give areas
the choice to do so, or use the existing tests. There may be
instances where the budget from a SIP addressing the prior
standard would not provide a good test of conformity. For
example, such a budget could be established for a year that is
many years in the past, be based on a geographic boundary that
is different than the boundary for the current standard, or be
based on information that is significantly out-of-date. For
these reasons, the committee believes it is important to
provide a choice to areas. Areas will use the consultation
process to determine whether budgets addressing a prior
standard for the same pollutant or another test or tests, will
be used for conformity.
Sec. 1617. Reduced Barriers to Air Quality Improvements
SUMMARY
Section 1617 reduces barriers to regions implementing
transportation control measures (TCMs) to improve their
regional air quality. The section allows an area to substitute
an existing TCM or add a TCM if they can show that the new TCM
will achieve equivalent or greater emissions reductions.
Substitution or addition of a TCM will not require express
permission in the State air quality plan (SIP), a formal
revision of the SIP, nor a new conformity determination.
DISCUSSION
TCMs are transportation-related measures that have the
potential to reduce emissions of criteria pollutants. Many TCMs
reduce emissions by reducing VMT, for example, high-occupancy
vehicle lanes, transit projects, park and ride lots, ride-share
programs, and pedestrian and bicycle facilities. States can
include TCMs in their SIPs. However, unless the SIP includes a
TCM substitution mechanism, i.e., a set of provisions for
substituting TCMs, the SIP must be revised to change a TCM that
is delayed or no longer viable. The purpose of this section is
to allow all States to substitute TCMs without a full SIP
revision, regardless of whether the State has its own
substitution mechanism.
TCMs can be substituted if the substitute measure achieves
the same or greater emission reductions as the measure being
replaced, based on an analysis that uses the latest planning
assumptions and the current models. The substitute TCMs must be
implemented on the same schedule as the original measure, if
that is possible. However, the committee recognizes that it may
not be possible for the substitute measure to be on the
original schedule; for example, a possible reason that a State
would want to substitute a TCM is that it has proved difficult
to implement in a timely way. In those cases, the substitute
measure must be implemented as soon as practicable, but not
later than the date on which the SIP is supposed to achieve its
purpose. For example, if the TCM is included in the SIP as part
of the attainment demonstration, and the attainment date is
2005, the substitute TCM must be implemented as soon as
practicable to reduce emissions by 2005.
Subparagraph (B) of this provision states that after
carrying out subparagraph (A), a State shall adopt the
substitute or additional control measure in the applicable SIP.
In this instance, the committee has used the word ``adopt'' to
mean that the State must record the measure as being part of
the SIP. The sole intent of this subparagraph is to ensure that
the State keeps an up-to-date list of the TCMs that must be
implemented, so that a member of the public can review the list
at any point and have the complete, correct list of TCMs that
are in the SIP. This subparagraph is not intended to create any
additional process requirements than those in subparagraph (A).
Sec. 1618. Air Quality Monitoring Data Influenced by Exceptional Events
SUMMARY
Section 1618 requires EPA to promulgate regulations
governing the handling of air quality monitoring data
influenced by exceptional events. These regulations allow
Governors to petition EPA to exclude air quality data directly
due to exceptional events. Events such as forest fires or
volcanic eruptions, should not influence whether a region is
meeting its Federal air quality goals. The section includes
requirements for demonstrating the occurrence of such a natural
event by reliable and accurate data, a clear causal
relationship between the exceptional event and a national air
quality standard exceedance, and a public process for the
determination.
DISCUSSION
This section includes a definition of exceptional events
and excludes certain events from the definition. Natural
climatological occurrences such as stagnant air masses, high
temperatures, or lack of precipitation influence pollutant
behavior but do not themselves create pollutants. Thus, they
are not considered exceptional events. Likewise, air pollution
related to source noncompliance may not be considered an
exceptional event. In contrast, events which are part of
natural ecological processes, which generate pollutants
themselves that cannot be controlled, qualify as exceptional
events.
The committee is concerned that the EPA's current approach
for modeling carbon monoxide (CO) emissions from motor vehicles
may not be appropriate for cold weather States, such as Alaska,
that must make CO attainment and maintenance demonstrations.
The committee therefore requests that EPA evaluate the
effectiveness of its MOBLIE6 model to determine if it
adequately accounts for the effects of cold weather on CO
emissions.
EPA is directed to follow principles in promulgating
regulations under this section. These principles reflect the
requirements of the current Clean Air Act and do not establish
new requirements for States or EPA to meet. Instead, these are
principles that EPA must follow when promulgating regulations
under this section.
Sec. 1619. Conforming Amendments
SUMMARY
Section 1619 updates the language in section 176 of title
42, that directs EPA to write regulations. It removes
references to the date of enactment of the Clean Air Act
Amendments of 1990. It also removes the requirement for States
to duplicate the entire text of Federal conformity regulations
in their State Implementation Plans (SIP) each time there is a
revision in those regulations. Instead, States will be required
to further amend their SIPs only when revising conformity
consultation procedures.
DISCUSSION
Current law requires that States submit criteria and
procedures for assessing conformity of transportation plans,
TIPs, and projects. This requirement results in States having
to adopt the entire Federal conformity rule into their SIPs.
States that have done so must update their SIP whenever EPA
updates any portion of the conformity regulations, which EPA
has done several times since promulgating the initial rule in
1993, most recently in 2000 and 2002. However, only the
consultation procedures that exist in the regulations need to
be tailored to individual States. This change ensures that
States must submit consultation procedures, but no longer have
to repeat the entire Federal conformity regulations. This
change will reduce the paperwork burden on States with no
adverse air quality impact.
Sec. 1620. Highway Stormwater Discharge Mitigation Program
SUMMARY
This section creates a highway stormwater discharge program
in a new section 167 of title 23, U.S.C. to improve the quality
of stormwater discharge from Federal-aid highways and
associated facilities and to enhance groundwater recharge.
DISCUSSION
Section 1620 creates a new section within the Surface
Transportation Program (STP) for States to fund transportation-
related stormwater mitigation projects. States must allocate 2
percent of the funds apportioned under STP to stormwater
mitigation projects sponsored by local governments or States
that reduce polluted runoff from existing highways and other
transportation-related activities. Current law does not have a
mandatory set-aside but provides States the option of using
their STP funds for stormwater mitigation projects when they
are conducted in conjunction with an ongoing transportation
project.
An eligible project is one that improves stormwater
discharge water quality, attains preconstruction hydrology,
promotes infiltration of stormwater, recharges groundwater,
minimizes stream bank erosion, promotes natural filters,
otherwise mitigates the water quality impacts of stormwater
discharges or reduces flooding caused by highway stormwater
discharge. Projects will vary across the country because
effective projects depend onsite-specific conditions, such as
site imperviousness, existing best management practices,
climate and land availability. Highway maintenance projects are
not eligible stormwater mitigation projects. Examples of
projects eligible for funds under this program include, but are
not limited to extended detention ponds, streambank
restoration, stormwater wetlands, vegetated buffers, filters,
such as rock, sand and vegetated, underground storage vaults,
infiltration basins and trenches, porous pavement, and
bioretention systems, insets in storm drains, and oil and grit
separators.
The program requires States to give priority to projects
that will assist the State or locality comply with the Federal
Water Pollution Control Act. The Secretary is required to issue
guidance to assist States in carrying out this section that
includes information on innovative technologies and
nonstructural best management practices to mitigate highway
stormwater discharges. The committee intends that the funds
made available by this program be distributed by State DOTs,
with special emphasis on assisting local governments and to
local governments for use in highwaystorm water mitigation, and
specifically activities that allow these entities to comply
with the requirements of stormwater phase II permits and other
Clean Water Act regulations.
SUBTITLE G--OPERATIONS
Sec. 1701. Transportation Systems Management and Operations
SUMMARY
This section amends title 23 so that transportation systems
management and operations (TSM&O) programs and projects are
integrated into and facilitated through the capital planning
and construction processes. States may use up to 2 percent of
the funds apportioned under this section to reduce traffic
delays caused by motor vehicle accidents and breakdowns on
highways during peak driving times.
This section adds the definition of ``transportation system
management and operations'' to the general definitions section.
DISCUSSION
This section establishes a TSM&O program and differentiates
it from construction provisions in title 23. This section also
alleviate ambiguities that inhibit deployment and
implementation of TSM&O activities, and establishes procurement
flexibility that State and local agencies need to increase
their ability to employ advanced operational practices and
advanced technology.
The committee encourages the Administrator to continue the
development and deployment of safety messenger notification
systems to disseminate safety information on Federal-aid
highways to motorists and public safety agencies as needed.
Examples may include traffic congestion, freight movement and
conditions, Amber Alert, weather event emergency notifications,
and border and homeland security notifications.
Sec. 1702. Real-time System Management Information Program
SUMMARY
This section is intended to encourage the deployment of
systems to monitor the condition of key surface transportation
(highway and transit) facilities.
The purpose of the proposed real-time system management
information program is to provide the nationwide capability to
monitor, in real-time, the traffic and travel conditions of our
Nation's major highways and to widely share that information.
The program goals are to improve the security of the surface
transportation system, address congestion problems, support
improved response to weather events, and facilitate national
and regional traveler information.
23 U.S.C. 169(c), as proposed by section 1702 of SAFETEA
requires that each State establish a statewide incident
reporting system within 2 years of enactment of this section.
If a State demonstrates that it cannot meet this deadline, the
Secretary may allow an extension, of up to 5 years, to
accomplish the requirement of the subsection. In exercising
this discretion, the Secretary should provide the State the
minimum extension necessary to complete development of its
reporting system.
DISCUSSION
The Secretary is required to establish data exchange
formats within 1 year of enactment of this bill.
Each State is required to establish a statewide incident
reporting system within 2 years of enactment of this bill,
unless a waiver is received from the Secretary that allows up
to 3 additional years. State and local governments are required
to explicitly address real-time highway and transit needs and
the systems needed to meet those needs including coverage,
monitoring systems, data fusion and archiving, and methods of
information sharing and exchange within their intelligent
transportation system regional architecture.
Activities related to the planning and deployment of real-
time monitoring elements are eligible for Surface
Transportation Program and National Highway System funds. Under
this section, a State may obligate State Planning and Research
funds for activities related to the planning of real-time
monitoring elements.
SUBTITLE H--FEDERAL-AID STEWARDSHIP
Sec. 1801. Future Interstate System Routes
SUMMARY
This section replaces the 12-year requirement in section
103(c)(4)(B) of title 23 with a 25-year requirement to provide
States more time to substantially complete construction of
highways designated as future Interstate System routes, before
the States forfeit future Interstate designation status. This
section also extends the time limitation contained in existing
agreements from 12 years to 25 years.
Sec. 1802. Stewardship and Oversight
SUMMARY
This section includes a provision that requires the
Secretary to establish an oversight program to monitor the
effective and efficient use of funds authorized under title 23,
with a specific focus on financial integrity and project
delivery.
DISCUSSION
The Secretary shall require the States to annually certify
the adequacy of their financial management systems and project
delivery systems to meet all requirements for financial
integrity. As part of the financial integrity oversight, the
Secretary is required to develop minimum standards for
estimating project costs and to periodically evaluate States'
practices for estimating project costs, awarding contracts, and
reducing project costs. States are required to determine that
subrecipients of Federal funds have sufficient accounting
controls and project delivery systems.
This section also requires a recipient of Federal financial
assistance to prepare an annual financial plan for projects
that receive $100,000,000 or more in Federal-aid assistance and
that are not subject to the requirements for major projects.
This section mandates debarment of contractors who have
been convicted of fraud related to Federal-aid highway or
transit programs and mandates the suspension of contractors who
have been indicted for offenses relating to fraud.
This section requires that portions of monetary judgments
won in Federal criminal and civil cases against contractors
pertaining to Federal-aid highway and transit program fraud be
shared with the State or local transit agency that were injured
by the fraud.
Finally, this section requires a value engineering
analysis, as defined in this section, for all projects over $25
million and bridge projects over $20 million.
Sec. 1803. Design-Build Contracting
SUMMARY
This section amends section 112(b)(3) of title 23, to
include intermodal facilities in the definition of qualified
projects.
Sec. 1804. Program Efficiencies Finance
SUMMARY
This section amends 23 U.S.C. 115, Advance construction,
and 23 U.S.C. 118, Availability of Funds.
DISCUSSION
Section 115 is amended to remove the restriction that a
State must obligate all funds apportioned or allocated to it,
or demonstrate that it will use all obligation authority
allocated to it for Federal-aid highways and highway safety
constructions prior to approval of advance construction
projects.
The revisions clarify that advance construction procedures
can be used for all categories of Federal-aid highway funds and
that when a project is converted to a regular Federal-aid
project, any available Federal-aid funds may be used to convert
the project.
This section further modifies section 115 to remove the
requirement that the Secretary must first approve an
application of the State prior to authorizing the payment of
the Federal share of the cost of the project when additional
funds are later apportioned or allocated to the State. The new
provision allows the Secretary to obligate the Federal share or
a portion of the Federal share of cost of the project by
executing a project agreement.
Section 118 of title 23, is amended to clarify the method
used by FHWA to account for Federal-aid funds and determine
amounts subject to lapse. This revision results in no change to
current practice but simplifies the language to reduce
ambiguity.
Sec. 1805. Set-Asides for Interstate Discretionary Projects
SUMMARY
This section continues the Interstate Discretionary Project
set-aside in section 118(c)(1) of title 23, for fiscal years
2004 through 2009 and increases the amount from $50,000,000 to
$100,000,000.
Sec. 1806. Federal Lands Highways Program
SUMMARY
The Federal Lands Highway Program provides funding for a
coordinated program of public roads and transit facilities
serving Federal and Indian lands.
DISCUSSION
The Federal Lands Highways Program allocation in section
202 of title 23, U.S.C. is amended to: 1) revise the date on
which the Indian Reservation Road fund distribution formula
regulation is published, from April 1999 to April 2004, and the
year in which the new formula is implemented, from October 1999
to October 2004; 2) allow the use of Indian Reservation Road
Bridge funds to be used for design, engineering and
preconstruction as well as construction; (3) limit the amounts
that the Bureau of Indian Affairs may use to pay the costs of
administering the Indian Reservation Roads Program (including
the administrative expenses relating to individual projects
associated with the Indian reservation roads program) to 6
percent; and (4) require not later than 30 days after the date
on which funds are made available to the Secretary of the
Interior the distribution and availability of such funds for
immediate use by eligible Indian tribes.
Section 204 of title 23 is amended to: (1) allow the
Secretary to enter into agreements as well as contracts, and
(2) expand the use of refuge road funds to be used for
interpretive signage, maintenance of public roads in National
Fish hatcheries, payment of the non-Federal share of Federal-
aid highway and transit projects, and maintenance and
improvement of recreational trails. Funding used for trails
would be limited to 5 percent of available funding per fiscal
year.
A recreation roads funding category is created to provide
dedicated funds for improvement projects for public roads under
the jurisdiction of the Bureau of Land Management, Bureau of
Reclamation, Forest Service, Department of Defense, and Army
Corps of Engineers, and that are owned by the U.S. Government.
Maintenance and improvement projects on recreation roads
consistent with or identified in a land use plan do not need
any additional environmental reviews or assessments under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if there is no new information and no significant changes
to the proposal bearing on environmental concerns. Improvement
projects include paving of gravel roads, turning a single lane
bridge into a double lane bridge, or widening a single lane
road into a double lane road.
A safety funding category is created to provide dedicated
funds for transportation safety improvement projects,
collection of safety information, development and operation of
safety management systems, highway safety education programs,
and other eligible activities under section 402 of title 23.
Sec. 1807. Emergency Relief
SUMMARY
The Emergency Relief Program provides funds for the repair
or reconstruction of Federal-aid highways and roads which have
suffered serious damage as a result of natural disasters or
catastrophic failures from an external cause.
DISCUSSION
This section increases the amount authorized to be
obligated in any one fiscal year for emergency relief under
section 125 from $100,000,000 to $300,000,000.
Sec. 1808. Highway Bridge Program
SUMMARY
The Highway Bridge Program provides funds to assist States
in improving the condition of their bridges, through
replacement, rehabilitation, and systematic preventive
maintenance.
DISCUSSION
The changes to section 144 allow the use of bridge funds
for: 1) preventive maintenance activities consistent with the
section 116(d) of the NHS Designation Act, 2) preventive
maintenance on off-system bridges, and 3) scour countermeasures
without regard to eligibility. Bridge discretionary funding is
increased to $150 million. The Federal share on these projects
is the share applicable under 23 U.S.C. 120(b) as adjusted by
subsection (d).
Sec. 1809. Appalachian Development Highway System
SUMMARY
The Appalachian Development Highway System Program provides
funds for the construction of the Appalachian corridor highways
in 13 States and for the establishment of a State-Federal
framework to meet the needs of the region.
DISCUSSION
This section describes how funds made available for the
Appalachian development highway system are to be apportioned to
the States in the Appalachian region. The latest cost estimate
is to be used as the basis for apportionments. The funding
shall remain available until expended and the Federal share is
delineated in section 201 of the Appalachian Regional
Development Act of 1965. This section also prohibits the use of
toll credits on the Appalachian development highway system.
Sec. 1810. Multistate Corridor Program
SUMMARY
The purpose of this program is to support and encourage
multistate transportation planning and facilitate project
development and decisionmaking involving multistate corridors.
State transportation departments or metropolitan planning
organizations may receive and administer the funds provided
under this section for multistate highway and multimodal
planning studies and construction.
DISCUSSION
Freight demand is forecasted to increase significantly in
the coming years. The committee's goal is to meet this growing
demand by improving highways and intermodal connections in the
nation's key corridors. Funds provided by the corridor program
should supplement other public and private funding to support
strategic improvements, expanding both capacity and efficiency.
The Secretary shall select studies and projects to be
carried out under this program based on: 1) the existence and
significance of binding agreements; 2) the endorsement of the
study or project by elected representative; 3) prospects for
early completion; and 4) whether the study or project was
listed in 1105(c) of ISTEA.
The Secretary shall encourage States and other
jurisdictions to work together and shall give priority to
projects that increase mobility, freight productivity, access
to marine or inland ports, safety and security, and
reliability.
Sec. 1811. Border Planning, Operations, and Technology and Capacity
Program
SUMMARY
The purpose of this program is to support the coordination
and improvement in bi-national transportation planning,
operations, efficiency, capacity, information exchange, safety,
and security at the international borders of the United States
with Canada and Mexico. The term ``border State'' in this
section means any of the States of Alaska, Arizona, California,
Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New
Mexico, New York, North Dakota, Texas, Vermont, and Washington.
DISCUSSION
The demands of a global economy are placing an ever growing
strain on the nation's points of entry. As with the corridors
program, described above, the committee has elected to expand
funding for the borders program in hopes that both capacity and
operational efficiency can be improved to meet future freight
mobility needs.
The General Services Administration (GSA) is authorized to
receive funding under this section. The committee intends that
transportation improvement projects undertaken with funds
directly transferred by the Secretary to the GSA shall be
designed and constructed in coordination with State
transportation official from the project State.
State transportation departments and metropolitan planning
organizations at or near an international land border in a
border State may receive and administer funds allocated under
this program to carry out the eligible activities listed in
this section.
The Secretary shall select projects to be carried out based
on a number of criteria and shall give priority to those
projects that emphasize multimodal planning, improvements in
infrastructure, and specific operational improvements listed in
this section.
Sec. 1812. Puerto Rico Highway Program
SUMMARY
Section 173 of title 23 authorizes the continuation of the
Puerto Rico Highway Program to carry out a highway program in
the Commonwealth of Puerto Rico.
DISCUSSION
The apportionment made under this section shall be treated
as though it were apportioned under sections 104(b), 144, and
206 of title 23 for each program funded under those sections by
multiplying the aggregate of the amounts for the fiscal year by
the ratio of the amount of funds apportioned to Puerto Rico for
each such program for fiscal year 2003 as it bears to the total
amount of funds apportioned to Puerto Rico for all such
programs for fiscal year 2003.
Sec. 1813. National Historic Covered Bridge Preservation
SUMMARY
This section authorizes the Secretary to make grants to
States for covered bridges that are listed or eligible for
listing on the National Register of Historic Places.
DISCUSSION
Subject to the availability of appropriations, the
Secretary shall make grants to States that submit applications
that demonstrate a need for assistance in carrying out one or
more historic covered bridge projects described in this
section.
Sec. 1814. Transportation and Community and System Preservation Pilot
Program
SUMMARY
This section continues the Transportation and Community and
System Preservation Pilot (TCSP) Program, a comprehensive
initiative of research and implementation grants to investigate
the relationships betweenTCSP and private sector-based
initiatives.
This section also makes TCSP projects STP eligible.
DISCUSSION
This section requires the Secretary to establish a
comprehensive program to facilitate the planning, development,
and implementation of strategies by States, metropolitan
planning organizations, federally recognized Indian tribes, and
local governments to integrate TCSP plans and practices that
address the goals described in this section.
Sec. 1815. Tribal-State Road Maintenance Agreements
SUMMARY
This provision amends section 204 of title 23 to authorize
States and tribes to enter into road maintenance agreements.
DISCUSSION
This provision permits tribes to assume State
responsibilities for maintaining Indian reservation roads and
roads that provide access to Indian reservation roads.
Maintenance agreements entered into by States and tribes do not
require the approval of the Secretary. However, the Secretary
is required to report annually to Congress identifying (1) the
tribes and States that have entered into maintenance
agreements, (2) the number of road miles for which Indian
tribes have assumed maintenance responsibilities, and (3) the
amount of funding transferred to Indian tribes under these
agreements in each fiscal year.
Sec. 1816. Forest Highways
SUMMARY
Section 204 is amended by reserving $15,000,000 of the
funds made available for forest highways for use in the repair,
maintenance or removal of culverts and bridges on forest
highways.
DISCUSSION
This section ensures a minimum level of attention is given
to the problems resulting from improperly placed culverts,
including landslide risks and blockage of fish passage.
Sec. 1817. Territorial Highway Program
SUMMARY
The changes made in section 215 of title 23 update and
consolidate the statutory provisions governing the territorial
highway program.
Sec. 1818. Magnetic Levitation Transportation Technology Deployment
Program
SUMMARY
This section continues the authorization of the Magnetic
Levitation Transportation Technology Deployment program
(MAGLEV) in section 322 of title 23.
DISCUSSION
Section 322 of title 23 is amended to allow the Secretary
to solicit additional applications from States or authorities
designated by one or more States, for financial assistance for
planning, design, and construction of eligible MAGLEV projects.
Sec. 1819. Donations and Credits
SUMMARY
Section 323 of title 23 is amended to give States and local
governments additional flexibility to match Federal funds and
expedite project implementation.
DISCUSSION
This provision expands section 323 to include the value of
donated services provided by local government employees to be
credited to the non-Federal share for projects funded under
title 23 funds.
Sec. 1820. Disadvantaged Business Enterprises
SUMMARY
This section continues authorization of the Disadvantaged
Business Enterprise (DBE) Program. Under the DBE program, not
less than 10 percent of the funds provided to FHWA, FTA, and
Transportation Research pursuant to titles I, III, and V shall
be expended with small businesses owned and controlled by
socially and economically disadvantaged individuals, except to
the extent the Secretary of Transportation determines
otherwise.
DISCUSSION
This section restates the current authorization, with one
exception. The provision of current law requiring a review of
the program by the Comptroller General of the United States has
been eliminated. The Comptroller General completed the required
review in June 2001.
SUBTITLE I--TECHNICAL CORRECTIONS
Sec. 1901. Repeal or Update of Obsolete Text
DISCUSSION
Letting of Contracts: This amendment deletes the obsolete
exception.
Fringe and Corridor Parking Facilities: The amendment would
substitute a meaningful reference for the obsolete term.
Repeal of obsolete sections of title 23: This section
repeals obsolete sections of title 23: Priority Primary Routes
(23 U.S.C. 147); Development of a National Scenic and
Recreational Highway (23 U.S.C. 148); and Access Highways to
Public Recreational Areas on Certain Lakes (23 U.S.C. 155).
Sec. 1902. Clarification of Date
SUMMARY
This section restates, as a calendar date, a date in title
23 that currently is expressed as a reference to a date of
enactment of law, making it difficult to understand. No change
in the actual date is made.
Sec. 1903. Inclusion of Requirements for Signs Identifying Funding
Sources in Title 23
SUMMARY
Section 154 of the Federal-Aid Highway Act of 1987 (23
U.S.C. 101 note; 101 Stat. 209) establishes the basis for
erecting signs at federally assisted highway projects
identifying the source and amount of funding being used. This
section transfers the provision to 23 U.S.C. 321 and makes a
needed conforming amendment.
Sec. 1904. Inclusion of ``Buy America'' Requirements in Title 23
SUMMARY
This section sets forth the ``Buy America'' provision and
designates it as 23 U.S.C. 321. The provision makes non-
substantive, conforming amendments to the text needed because
of the transfer, simplifies the text, and deletes an executed
report requirement.
Sec. 1905. Technical Amendments to Nondiscrimination Section
SUMMARY
This section makes several technical amendments to section
140 of title 23.
DISCUSSION
Technical changes made include: eliminating gender-based
language; clarifying that funding made available to carry out
this section has the same broad availability as the source from
which the funds are made available (an STP takedown); removing
the $2.5 million funding cap on highway construction and
technology training programs established for fiscal year 1976
as no longer necessary; correcting a typographical error; and
clarifying the purpose and intent of subsection (d) by
modifying the title to remove the reference to Indian
contracting.
TITLE II--TRANSPORTATION RESEARCH
SUBTITLE A--FUNDING
Sec. 2001. Authorization of Appropriations.
Subsection (a)
SUMMARY
Subsection (a) provides contract authority from the Highway
Trust Fund for research programs, for each of the fiscal years
2004 through 2009.
DISCUSSION
Surface Transportation Research is authorized at $211M for
fiscal year 2004 and 2005, $215M for fiscal year 2005, $218M
for fiscal year 2007, $220M for fiscal year 2008, and $223M for
fiscal year 2009. The amounts include $20M each year for the
Surface Transportation-Environment Cooperative Research
Program. Training and Education is authorized at $27M for
fiscal year 2004, $28M for fiscal year 2005, $29M for fiscal
year 2006, $30M for fiscal year 2007, $31M for fiscal year
2008, and $32M for fiscal year 2009. The Bureau of
Transportation Statistics is authorized at $28M each fiscal
year. The ITS Standards, Research, Operational Tests, and
Development program is authorized at $120M for fiscal year
2004, $123M for fiscal year 2005, $126M for fiscal year 2006,
$129M for fiscal year 2007, $132M for fiscal year 2008, and
$135M for fiscal year 2009. University Transportation Centers
is authorized at $40M for fiscal year 2004 and $45M for fiscal
years 2005 through 2009.
Subsection (b)
SUMMARY
Subsection (b) provides the period of availability of funds
for obligation and the Federal share of project cost.
DISCUSSION
The sums authorized to be appropriated under subsection (a)
are available for obligation in the same manner as apportioned
funds under Chapter 1 of title 23, USC. The Federal share of
the cost of a project under this section shall be the share
applicable under 23, U.S.C. 120(b) as adjusted by subsection
120(d), unless otherwise stated or determined by the Secretary.
Funds remain available until expended.
Subsection (c)
SUMMARY
Subsection (c) summarizes the allocations for the amounts
made available in subsection (a).
DISCUSSION
From the amounts made available for the Surface
Transportation Research program, subsection (c)(1) provides
$27M for fiscal years 2004 through 2009 for advanced, high
risk, long-term research under 502(d) of title 23, USC. In
addition, the following amounts are made available for the
long-term pavement performance program under section 502(c) of
title 23, USC: $18M for each of fiscal years 2004 and 2005,
$17M for fiscal year 2006, $15M for fiscal year 2007, $12M for
fiscal year 2008, $10M for fiscal years 2009. Subsection (c)(2)
provides $342M for each of fiscal years 2004 through 2009 to
carry out the Technology Application Program under section 503
of title 23, USC. Subsection (c)(4) provides, $.5M for each of
fiscal years 2004 through 2009 to carry out the International
Highway Transportation Outreach Program under section 506 of
title 23, USC.
From the amounts made available for Training and Education,
subsection (c)(3)(A) provides the following amounts for the
National Highway Institute under section 504(a) of title 23,
USC: $12M for fiscal year 2004, $12.5M for fiscal year 2005,
$13M for fiscal year 2006, $13.5M for fiscal year 2007, $14M
for fiscal years 2008, and $14.5M for fiscal year 2009. In
addition, subsection (c)(3)(B) provides the following amounts
to carry out the Local Technical Assistance Program under
section 504(b) of title 23, USC: $12M for fiscal year 2004,
$12.5M for fiscal year 2005, $13M for fiscal year 2006, $13.5M
for fiscal year 2007, $14M for fiscal years 2008, and $14.5M
for fiscal year 2009. Subsection (c)(3)(C) provides $3M for
each of fiscal years 2004 through 2009 for carrying out the
Eisenhower Transportation Fellowship Program under section
504(c)(2) of title 23. USC.
From the amounts made available for the ITS Standards,
Research, Operational Test and Development Program, subsection
(c)(6) provides that not less than $30M for each of fiscal
years 2004 through 2009 be made available to carry out the
Commercial Vehicle Intelligent Transportation Systems
Infrastructure Program under section 528 of title 23, USC.
Subsection (c)(5) provides $75,000,000 in each of fiscal
years 2004 through 2009 to carry out the New Strategic Highway
Research Program under Section 509 of title 23, USC.
Subsection (d)
SUMMARY
Subsection (d) describes the transferability of funds.
DISCUSSION
Transfers are allowed among funds allocated under
paragraphs (1), (2), or (4) of subsection (c) in amounts not to
exceed 10 percent of the amount allocated in the fiscal year.
The same is allowed for funds allocated under subparagraphs
(A), (B), or (C) of subsection (c)(3).
Sec. 2002. Obligation Ceiling
SUMMARY
This section sets the annual obligation limitation for the
amounts made available under Title II for Transportation
Research.
DISCUSSION
For fiscal years 2004 through 2009, the limits on
obligation of contract authority available for Transportation
Research are as follow: $496M for fiscal year 2004, $510M for
fiscal year 2005, $518M for fiscal year 2006, $525M for fiscal
year 2007, $531M for fiscal year 2008, and $538M for fiscal
year 2009.
Sec. 2003. Notice
SUMMARY
This section outlines requirements for the Department of
Transportation to notify the appropriate committees of Congress
should any reprogramming of authorized funds or reorganization
take place.
DISCUSSION
This section continues an existing notification
requirement. If any funds under this title are subject to a
reprogramming action requiring notice to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, notice shall be
concurrently provided to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate. This section also extends the requirement
that on or before the 15th day preceding the date of any major
reorganization of a program, project, or activity of the
Department of Transportation for which funds are authorized by
this title, the Secretary shall provide notice of the
reorganization to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
SUBTITLE B--RESEARCH AND TECHNOLOGY
Section 2101. Research and Technology Program
SUMMARY
This section amends Chapter 5 of title 23, U.S.C. to
provide authority for programs under Subchapter I Surface
Transportation, Subchapter II Intelligent Transportation System
Research and Technical Assistance Program; and Subchapter III
Miscellaneous.
SUBCHAPTER I--SURFACE TRANSPORTATION
Subsection 501. Definitions
SUMMARY
This section defines terms used in this subchapter.
Subsection 502. Surface Transportation Research
SUMMARY
This subsection authorizes the Secretary to carry out
research, development, testing, and technology transfer
activities.
DISCUSSION
Under this subsection the Secretary may, independently or
in cooperation with others, carry out activities in research,
development, and technology transfer with respect to all phases
of transportation planning and development and the effect of
State laws on these activities. In addition, the Secretary may
test, develop, or assist in testing and developing any
material, invention, patented article, or process. Activities
under this subsection must be consistent with the surface
transportation research and technology development strategic
plan required under section 508(c). All parties entering into
contracts, cooperative agreements, or other transactions with
the Secretary to perform research or provide technical
assistance shall be selected on a competitive basis and on the
basis of a peer review. The research, development, or use of
technology under a cooperative agreement is subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.). The Federal share of the cost of activities
carried out under a cooperative research and development
agreement shall not exceed 50 percent, unless otherwise
approved by the Secretary.
Among specific programs and activities, a new Advanced,
Long-Term Research program is established that addresses
longer-term, high risk research with potentially dramatic
breakthroughs for improving durability, efficiency, the
environment, productivity, and safety. The Seismic Research
Program, Long-Term Pavement Performance Program (LTPP), and the
Infrastructure Investment Needs Report are continued. A report
on the initial conclusion of the LTPP program is required to be
included in the strategic plan under section 508(c). The due
dates for the infrastructure needs report is change from
January 31 to July 31, and the comparison to previous reports
is no longer fixed at the prior three biannual reports.
Finally, this subsection requires the Secretary, in
consultation with the Secretary of Homeland Security, to
develop a 5-year strategic plan for research and technology
transfer and deployment activities pertaining to the security
aspects of highway infrastructure and operations aspects.
Subsection 503. Technology Application Program
SUMMARY
This subsection amends the Technology Deployment
Initiatives and Partnerships Program and the Innovative Bridge
Research and Construction Program under section 503, Title 23,
USC.
DISCUSSION
This subsection establishes the Technology Application
Initiatives and Partnerships Program to accelerate the
transportation community's adoption of innovative technologies.
The Secretary is required to develop goals in consultation with
the Surface Transportation Research Technology Advisory
Committee and other interested stakeholders, as part of the
research strategic plan under section 508(c) of this title.
Goals shall be designed to provide tangible benefits in the
areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability. In selecting
projects, the Secretary shall give preference to projects that
leverage Federal funds with other public or private resources.
The Innovative Surface Transportation Infrastructure
Research and Construction Program expands the former program
that emphasized bridges to now include all structures. The
program still includes the application of innovative material,
design, and construction technologies in the construction,
preservation, and rehabilitation of elements of surface
transportation infrastructure. Grants under this program are
awarded based on program goals. The Secretary is charged with
ensuring the application of technology and technology transfer.
The Secretary shall determine the Federal share of the cost of
the project.
This subsection also eliminates the requirement to continue
SHRP partnerships under section 503(a)(6) of title 23. Section
503(a)(7) of tile 23 is amended to delete the list of specified
areas within which the Secretary may make grants, cooperative
agreements, and contracts to foster alliances and support
efforts. Reporting on results and progress is published under
the research strategic plan under section 508(c). Section
503(b) of title 23 is retitled and revised to broaden the
emphasis from bridge research to surface transportation
infrastructure research. In addition, the emphasis on
innovative material technology research is expanded to include
design and construction technologies. The program goal under
section 503(b) to develop techniques to separate vehicle and
pedestrian traffic from railroad traffic has been eliminated.
Added is a provision that requires any entity to accelerate
within the agency, to the extent possible, a new technology
implemented with funds made available under this section.
Subsection 504. Training and Education
SUMMARY
This subsection modifies the training and education
programs of the National Highway Institute.
DISCUSSION
Section 504(a)(3) of title 23 is modified to emphasize
asset management and the application of emerging technologies
as two areas in which the Institute shall develop courses. The
section identifies additional courses to be developed by the
Institute, in consultation with State departments of
transportation and the American Association of State Highway
and Transportation Officials. Other changes to the section
include the requirement for the Institute to periodically
review courses and to make revisions or cease to offer courses
as necessary. The cost for course development is now explicitly
stated as part of the cost of training and education to be paid
by a private entity or person, unless otherwise determined by
the Secretary.
Section 504(a)(7) of title 23 is modified by removing the
limitation on the amount of fees that the Institute can collect
in any fiscal year. Funds made available to carry out this
section may now be combined with or held separately from fees
collected under memoranda of understanding, regional compacts,
and other similar agreements, in addition to being combined
with or held separately from fees collected under this section
as previously allowed.
Changes to the Local Technical Assistance Program add
incident response and operations as areas in which the
Secretary can assist transportation agencies and governments
under grants, cooperative agreements, and contracts. Where
urbanized areas are cited, the qualifying definition of
population sizes between 50,000 and 100,000 is no longer
included. Finally, regional cooperation is promoted under
Section 504(2)(C) as an area in which to assist urban
transportation agencies.
The Dwight David Eisenhower Transportation Fellowship
Program is continued to allow the Secretary to make grants for
research fellowships for the purpose of attracting qualified
students to the field of transportation.
Subsection 505. State Planning and Research
SUMMARY
This subsection amends the program of funding to States for
research, development, and technology transfer activities.
DISCUSSION
Two percent of sums apportioned under section 104 (except
subsection (f) and (h)) and Section 144 shall be available for
specified State planning and research activities. Not less than
25 percent of the funds shall be expended by the State for
research, development, and technology transfer activities,
unless waived by the Secretary. The Federal share of the cost
of a project shall be the share applicable under 23 U.S.C.
120(b), as adjusted by subsection 120(b) unless the Secretary
determines that the interest of the Federal-aid highway program
would best be served by decreasing or eliminating the non-
Federal share.
This subsection adds that SPR funds may be used for the
purposes authorized under the International Highway
Transportation Outreach Program of section 506(a).
Subsection 506. International Highway Transportation Outreach Program
SUMMARY
This subsection amends the International Highway
Transportation Outreach Program under section 506, title 23
USC.
DISCUSSION
This subsection continues the current program for the
Secretary to conduct international highway transportation
outreach aimed at promoting U.S. expertise and goods and
services and increasing the transfer of U.S. technology, and
informing the U.S. highway community of technological
innovations in foreign countries.
Each fiscal year, the Secretary is required to submit a
report to Congress that describes the destinations and costs of
international travel conducted in carrying out activities under
this program.
Subsection 507. Surface Transportation-Environment Cooperative Research
Program
SUMMARY
This subsection amends the existing Surface Transportation-
Environment Cooperative Research Program.
DISCUSSION
This section reauthorizes funds for a research program that
was authorized in TEA-21 but never received an appropriation.
This research program examinies a wide range of environmental
issues in surface transportation. The program shall be based on
the contents of National Research Council Report 268, ``Surface
Transportation Environment Research: A Long-Term Strategy''.
The Secretary is to administer the program and sharpen the
focus of the research through stakeholder input via workshops,
symposia, and expert panel.
Subsection 508. Surface Transportation Research Technology Deployment
and Strategic Planning
SUMMARY
This subsection amends the strategic planning requirements
for research under section 508 of title 23.
DISCUSSION
The subsection continues the requirement of the Secretary
to establish a strategic planning process for research. It adds
the establishment of a Surface Transportation Research
Technology Advisory Committee to provide program advice to the
Secretary. Continued is the requirement for the Secretary to
enter into a contract with the Transportation Research Board,
on behalf of the Research and Technology Coordinating Committee
of the National Research Council, for the review of the plan
and the strategic planning process and to provide program
recommendations.
Subsection 509. New Strategic Highway Research Program
SUMMARY
This subsection establishes a new strategic highway
program.
DISCUSSION
In section 5112 of TEA-21, Congress requested that the
Transportation Research Board (TRB) conduct a study to
determine a new strategic highway program. This new strategic
highway program is based on the Future Strategic Highway
Research Program (F-SHRP) recommended in TRB Special Report
260: Strategic Highway Research: Saving Lives, reducing
Congestion, Improving Quality of Lives.
Under this subsection, the National Research Council shall
establish and carry out the strategic highway program. The
program shall consider, at minimum, the results of studies
relating to the implementation of the Strategic Highway Safety
Plan prepared by the American Association of State Highway and
Transportation Officials (AASHTO). In administering the
program, the National Research Council shall acquire a
qualified, permanent core staff, and ensure that identified
stakeholders are involved in the program.
Before October 1, 2007, the Secretary is required to enter
into a contract with the TRB to complete a report on
implementing results of the new strategic highway program. The
Secretary shall submit the report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
Subsection 510. University Transportation Centers
SUMMARY
This subsection modifies the existing university
transportation research program under section 5505 of title 49
USC.
DISCUSSION
Section 5505 of title 49 U.S.C. established the University
Transportation Centers (UTC) program in 1988 to create a
partnership between the academic community and DOT for the
advancement of research, education, and technology transfer. As
amended under this subsection, the grants are increased from 33
to 40 eligible institutions.
The subsection continues the establishment of 1 regional
center at institutions in each of the 10 Federal regions. A new
provision allows locating no more than one center (or one lead
university in a consortia) in any State. Only regional centers
will be selected based on proposals requested by the Secretary.
All grantees must otherwise meet specified requirements that
include a 6-year program plan and annual report to the
Secretary on projects and activities. A peer review is required
for reports on research under this program. The Secretary must
coordinate activities of the centers and operate a
clearinghouse for the dissemination of results from activities.
Restrictions have been placed on the amount of funds
available to centers that can be used for faculty positions,
laboratory facilities, student internships, and administration.
Funds authorized under this subsection shall be available for 2
years after September 30 of the fiscal year for which the funds
were authorized.
Subsection 511. Multistate corridor operations and management
SUMMARY
This subsection continues funding to support the I-95
corridor Coalition, established under the Intermodal Surface
Transportation Act of 1991.
Sec. 2102. Study of Data Collection and Statistical Analysis
SUMMARY
This section provides for activities of the Bureau of
Transportation Statistics relating to transportation data
collection and statistical analysis.
DISCUSSION
Under this section, the Bureau of Transportation Statistics
assumes the role of the lead agency to establish, not later
than October 1, 2004, statistical standards for the Department
of Transportation. The Bureau shall provide annually to the
Secretary an overview of the level of effort expended on
statistical analyses.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall provide a grant to, or enter into a
cooperative agreement or contract with the Transportation
Research Board to conduct a study of data collection and
statistical analysis efforts. In conducting the study, the
Board shall consult with stakeholders. Not later than 1 year
after the date of the grant or cooperative agreement, the Board
shall submit to the Secretary, the Committee on Environment and
Public Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a final
report on the results of the study. The Bureau shall, to the
maximum extent practicable, implement any recommendations
included in the study. The Comptroller General of the United
States shall conduct a review of the study. Each year,
beginning in 2004, the Bureau shall prepare and submit to the
Secretary an annual report on progress made in response to the
study recommendations.
Sec. 2103. Centers for Surface Transportation Excellence
SUMMARY
This section establishes centers for surface transportation
excellence to promote high-quality outcomes in support of
strategic national programs and activities.
DISCUSSION
The centers for transportation excellence are:
Environmental Excellence to assist States in planning and
delivering environmentally sound transportation projects.
Operations Excellence for implementing operations in
planning and management.
Excellence in Surface Transportation Safety to provide
critical safety program information, technical support in the
Secretary's 22 safety emphasis areas, and training for State
personnel.
Excellence in Project Finance to support States in
developing finance plans and project oversight tools and
training in financing methods to advance projects and leverage
funds.
Excellence in Asset Management to develop and conduct
research, provide training and education, and disseminate
information on the benefits of and tools for asset management.
The centers for transportation are selected by the
Secretary on a competitive basis.
SUBTITLE C--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH
Sec. 2201. Intelligent Transportation System Research and Technical
Assistance Program.
This section is intended to replace Subtitle C of Title V,
TEA-21, which is repealed. The following describes the changes
from the provisions of TEA-21.
Sec. 5501. Short Title
This section names the subtitle the ``Intelligent
Transportation Systems Act of 2003.''
Sec. 5502. Goals and Purposes
The goals stated in TEA-21 are changed to include
references to public safety and security. These changes are
intended to reflect new emphasis areas in the Intelligent
Transportation Systems (ITS) Program.
Subsection 521. Findings
SUMMARY
This subsection modifies the TEA-21 section regarding
findings of the Congress on the ITS program.
DISCUSSION
This subsection amends the TEA-21 section by deleting one
remark that makes reference to ISTEA and maintaining that
Congress finds continued investment in architecture and
standards development, research, technical assistance, and
system integration is needed to accelerate the rate at which
ITS investment is incorporated into the national transportation
network to improve safety and efficiency and to reduce negative
impacts on communities and the environment.
Subsection 522. Goals and Purposes
SUMMARY
This subsection modifies the goals and purposes of the ITS
program .
DISCUSSION
New goals are added to reflect the expanded interests for
the program. Other modifications reflect changes in emphasis
for a number of program activities.
Subsection 523. Definitions
SUMMARY
This subsection deletes the word ``corridor'' from terms
used in the new subtitle to reflect the deletion of the
corridor development program under TEA-21. Terms relating to
commercial vehicle operations are moved to the subsection on
commercial vehicle systems.
Subsection 524. General Authorities and Requirements
SUMMARY
This subsection makes changes to general authorities and
requirements under TEA-21 that provide ITS program scope,
policy, and the requirements of the Secretary.
DISCUSSION
Under this subsection, a requirement that the Secretary
``assist in the application of ITS'' replaces the TEA-21
requirement that the Secretary ``advance nationwide
deployment.'' In carrying out the program, the Secretary is now
required to consult with the Secretary of Homeland Security
along with other Federal officials. This subsection adds
requirements for the program advisory committee authorized by
section 5204(h) of TEA-21, and also includes the amount of
funding available for the committee. Now removed is the
requirement for the Secretary to use the Software Engineering
Institute's Capability Maturity Model, or other risk assessment
methodology, to reduce the cost, schedule, and performance risk
associated with software. Finally, the Secretary is required to
issue revised guidelines and requirements for evaluating
operational test and other projects.
Subsection 525. National ITS Program Plan
SUMMARY
This subsection continues the requirement for the Secretary
to develop a National Program Plan for ITS.
DISCUSSION
The National ITS program addresses program goals,
objectives, and milestones, and must be maintained and updated
as necessary and submitted to Congress as part of the Surface
Transportation Research Strategic Plan .
Subsection 526. National ITS Architecture and Standards
SUMMARY
This subsection continues the general requirements and
activities related to the national architecture and standards.
DISCUSSION
Changes under this subsection reflect the completion of
several requirements specified in TEA-21. These include the
report to Congress on critical standards and the provision for
communication spectrum for ITS. Subsection 526(d), which
includes provision for conformity with the National ITS
Architecture, no longer includes deployment. Deployment is no
longer emphasized as a direct activity of the Secretary.
Exceptions to conformity no longer include upgrades or
expansions of existing systems, as allowed under TEA-21.
Subsection 527. Research and Development
SUMMARY
This subsection continues ITS research and development
program authorized under TEA-21. Changes reflect new focus
areas.
DISCUSSION
Under this subsection, the types of projects and activities
that receive funding priority are greatly broadened. Among
other requirements, a new provision requires any call center
receiving calls relating to an automatic crash notification
event to be immediately capable of routing calls via the 9-1-1
network to the public safety answering point serving the
location of the vehicle involved in the emergency.
Subsection 528. Commercial Vehicle Intelligent Transportation System
Infrastructure Program
SUMMARY
This subsection is intended to complete the core deployment
of Commercial Vehicle Information Systems and Networks (CVISN)
under TEA-21 and to encourage the expanded deployment of CVISN.
DISCUSSION
Subsection (c) would require 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 will
receive a grant that has been reduced by the amount of funds
previously received for CVISN core deployment. States that have
not previously received funding for CVISN core deployment will
receive a grant of $2.5 million. To be eligible for a core
deployment grant, a State must have a program plan and top-
level system design, must certify that its Commercial Vehicle
Information Systems and Networks 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 grant funds would be limited
to core deployment activities.
The Secretary may make grants to States for the expanded
deployment of Commercial Vehicle Information Systems and
Networks. The amount of the grants will be 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 is $1
million. A State that has completed core deployment is eligible
for an expanded deployment grant.
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 other eligible
sources is 80 percent.
Subsection 529. Use of Funds
SUMMARY
This subsection changes the use of funds by deleting the
TEA-21 restrictions on funds for operational test and
deployment.
TITLE III--INTERMODAL PASSENGER FACILITIES
Sec. 3001. Intermodal Passenger Facilities
SUMMARY
The section amends chapter 55 of title 49, U.S.C.,
Intermodal Transportation, and replaces it with a new
Intermodal Passenger Facilities.
DISCUSSION
The purpose of this subchapter is to accelerate intermodal
integration among North America's passenger transportation
modes by assuring intercity public transportation access to
intermodal passenger facilities; encouraging the development of
an integrated system of public transportation information; and
providing intercity bus intermodal facility grants.
Under this subchapter, the Secretary shall make grants, on
a competitive basis, to State and local governmental
authorities for financing a capital project that the Secretary
determines to be justified and to have adequate financial
commitment. A capital project, under this subchapter, may be
the acquisition, construction, improvement, or renovation of an
intermodal facility that is related physically and functionally
to intercity bus service and that establishes or enhances
coordination between intercity bus service and other modes of
transportation. A capital project could also be the added cost
of providing better access between intercity bus service and
other transportation. The primary criterion for selection is
the extent to which the facility enhances the integration of
all modes of intercity and local public transportation, as well
as the connection with the private automobile.
The Federal share shall not exceed 50 percent of the net
project costs, as determined by the Secretary. Up to 30 percent
of the non-Federal share may include amounts appropriated to or
made available to a Federal department or agency for
transportation purposes.
Under the proposal, $10,000,000 in contract authority shall
be available from the Highway Trust Fund for each of fiscal
years 2005 through 2009 to carry out this subchapter. These
facilities will further assist in linking passengers arriving
and departing through airports, public transportation
facilities, train stations, and seaports with their final home,
work, and tourism destinations.
TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
SUMMARY
The new title amends the Dingell-Johnson Sport Fish
Restoration Act of 1950 and reauthorizes the Dingell-Johnson
programs within the committee's jurisdiction for 6 years. The
Title also reorganizes the funding mechanism for these
programs.
All programs are assigned a percentage to allow a
simplified, consistent and fair allocation of funds.
DISCUSSION
Under Section 4102, any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of the Interior
to supplement the 55.3 percent of each annual appropriation to
be apportioned among the States, as provided for in section
4(b) of the Dingell-Johnson Act.
Section 4103 simplifies the current distribution of funds
to the Coastal Wetlands, Boating Safety, the Clean Vessel Act,
Boating Infrastructure, National Outreach and Communications
programs as well as funding for administrative costs. For
fiscal years 2004 through 2009, each annual appropriation made
in accordance with the provisions of section 3 of Dingell-
Johnson shall be distributed on a percentage basis. Funds are
distributed as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Coastal Wetlands.......................... 18 percent
Boating Safety............................ 18 percent
Clean Vessel Act.......................... 1.9 percent
Boating Infrastructure.................... 1.9 percent
National Outreach and Communications...... 1.9 percent
Administration............................ 2.1 percent
------------------------------------------------------------------------
Under Section 4104, funds are redistributed to supplement
the 55.3 percent of each annual appropriation to be apportioned
among the States under section 4(b) of this Act.
Section 4107 provides for the redistribution of remaining
funds from Section 12 of title 16 U.S.C. to supplement the 55.3
percent of each annual appropriation to be apportioned among
the States under section 4(b) of this Act (i.e., Puerto Rico,
the District of Columbia, Guam, American Samoa, Commonwealth of
the Northern Marina Islands and Virgin Islands).
Sections 4105 and 4106 make necessary conforming changes as
a result of this Title.
Section 4108 provides, for each of fiscal year 2004 through
2009, 0.9 percent of each annual appropriation for the
Multistate Conservation Grant Program.
Hearings
The Committee on Public Works and Environment held eight
hearings, two field hearings and 4 symposiums during the 107th
Congress to hear from the Administration, States, industry, and
users of the surface transportation system for an overview of
how TEA-21 worked and what issues needed to be addressed in
reauthorization. A complete transcript of these hearings is
contained in S. Hrg. 107-668, Parts I and II.
Partners for America's Transportation Future: Hearing to Examine
Lessons Learned From TEA-21 and Perspectives on Reauthorization
From the Federal, State and Local Level--January 24, 2002
This kick-off hearing examined the state of the nation's
transportation system, lessons learned in the 10 years since
the passage of the Intermodal Surface Transportation Efficiency
Act (ISTEA), and where the transportation program is headed.
PANEL I
Honorable Norman Y. Mineta, Secretary, United States
Department of Transportation.
Secretary Mineta detailed five areas in which TEA-21
benefited America's transportation system: predictability,
equity and flexibility of funding; safety; mobility and system
upgrading; application of innovative technologies; and quality
of life. He praised TEA-21's 40 percent increase over ISTEA and
noted that minimum guarantees and Highway Trust Fund firewalls,
and flexible funding allowed States to meet their own needs,
and innovative loan and grant programs strengthened
infrastructure.
The Secretary suggested several ways to build on the
success of TEA-21. Among them: preserve funding flexibility;
build on the intermodal approaches of ISTEA and TEA-21; expand
innovative financing programs; and focus more on the management
and performance of the system as a whole rather than on
``inputs'' or the functional components such as planning,
development, operation and maintenance themselves. Secretary
Mineta also stressed that further safety improvements must be
made because 41,000 deaths and over 3 million injuries suffered
annually on highways is not acceptable.
PANEL II
Chris Hart, Hillsborough County Florida Commissioner.
Peter Clavell, Mayor, Burlington, Vermont.
H. Brett Coles, Mayor, Boise, Idaho.
Raymond C. Scheppach, Executive Director, National
Governors Association.
Raymand Scheppach, speaking on behalf of the National
Governor's Association, voiced strong support for protection of
the Highway Trust Fund. He also stated, ``The public
transportation system is largely the responsibility of States
and local governments. It is important that the next
authorization should not weaken or preempt State authority.''
Burlington, VT, Mayor Peter Clavelle spoke on behalf of the
National League of Cities. He stated that ``one of the greatest
successes of TEA-21 was the establishment of a direct link
between gasoline taxes collected at the pump and Federal
transportation spending.'' Mayor Clavelle voiced concern over
transportation security, asking, ``Will the Federal Government
be able to offer greater assistance to cities to meet their
needs?'' He calls for all transportation taxes to be deposited
into the highway trust fund. Federal-State financial matching
relationships and innovative financing techniques such as tolls
were also supported by Mayor Clavelle, as was local
flexibility, instead of a ``one size fits all'' transportation
program.
Representing the United States Conference of Mayors, Boise
Mayor H. Brent Coles revealed the results of a survey taken by
40 mayors relating to TEA-21. The survey suggested that
``States are reaching out to local governments under TEA-21.''
Further results listed the most important transportation
priorities as system preservation (35 percent), congestion
relief (20 percent), and new rail projects (15 percent). Mayor
Coles then cited the formation of a new commuter rail project
in Boise, called the Treasure Valley Partnership, as
confirmation that TEA-21 is working.
The National Association of Counties (NACo) was represented
by Chris Hart, County Commissioner of Hillsborough County,
Florida. He had a very favorable view of TEA-21, praising the
flexibility that allowed for greater input from local
officials. Commissioner Hart listed congestion, environmental
streamlining, and investment in rural roads as chief concerns
of NACo.
Subcommittee on Transportation, Infrastructure, and Nuclear Safety
Hearing Fiscal Year 2003 Budget and Highway Trust Fund--
February 11, 2002
TEA-21 created the concept of Revenue Aligned Budget
Authority (RABA) to align spending from the highway account of
the Highway Trust Fund (HTF) to revenue into the HTF. During
the first few years of TEA-21, actual HTF receipts were higher
than projected at the time of the legislation's passage. This
resulted in an upward adjustment of the guaranteed funding
levels set out in TEA-21.
In fiscal year 2003, TEA-21 set the projected guaranteed
funding level at $27.7 billion. However, HTF receipts did not
meet anticipated revenues resulting in a negative RABA
adjustment of $4.4 billion reflected in the President's fiscal
year 2003 budget request. The President's budget request set
the obligation limitation at $23.2 billion representing a $8.6
billion decrease from the fiscal year 2002 funding level.
PANEL I
Honorable Mary Peters, Administrator, Federal Highway
Administration.
Ms. Donna McLean, Assistant Secretary for Budget, US
Department of Transportation.
The Administrator stressed that the Federal-aid program
should not abandon the RABA concept. Instead, as the
reauthoriozation process advances, she urged Congress to work
with the Administration to refine the process and eliminate the
dramatic positive and negative fluctuations under the current
program.
PANEL II
Honorable Tom Stephens, Director, Nevada Department of
Transportation.
Carson City, NV (on behalf of the American Association of
State Highway and Transportation Officials).
Mr. Bill Fay, President and CEO, American Highway Users
Alliance, Washington, DC.
Mr. Tom Hill, Chief Executive, Oldcastle Materials, Inc.,
Washington, DC (on behalf of American Road and Transportation
Builders Association).
The non-Federal witnesses on the second panel focused their
testimony on the need to correct the negative RABA adjustment
and the impact of such a dramatic decrease in funding.
Research Round Table Discussion on Reauthorization of
Federal Surface Transportation Research Program Friday, March
15, 2002
PARTICIPANTS
Dr. Michael Walton, University of Texas in Austin.
Mr. Robert E. Skinner, Executive Director, Transportation
Research Board (TRB).
Professor Elizabeth Deakin, University of California in
Berkeley.
Dr. Taylor Eighmy, Director, Recycled Material Resource
Center at the University of New Hampshire.
Mr. Scott Bernstein, President of the Center for
Neighborhood Technology.
Mr. Val Riva, President and CEO, American Concrete Pavement
Association.
Mr. David B. Carlson, President, Fred Carlson Company
(testifying on behalf of the National Asphalt Pavement
Association).
Dr. Chelsea C. White, Georgia Institute of Technology
(testifying on behalf of Intelligent Transportation Society of
America (ITS)).
Dr. Phillip J. Tarnoff, Institute of Transportation
Engineers (ITE).
Mr. Michael M. Ryan, Representing the Pennsylvania
Department of Transportation (PennDOT) and the American
Association of State Highway and Transportation Officials
(AASHTO).
Mr. Bud Wright and Mr. Dennis C. Judycki, Executive
Director and Director of Research, Development and Technology,
respectively, Federal Highway Administration (FHWA).
Mr. Wright and Mr. Judycki both stressed the importance of
research and technology. Funds for these activities were
reduced under TEA-21, and this coupled with loss of flexibility
caused by earmarks and designations impeded FHWA's ability to
do research. The response to this was a re-emphasis on
cooperation, information sharing and development of coordinated
research agendas within the highway community. One of the
successes cited as a result of this was the Long Term Pavement
Program, to which the States provided $14 million through the
National Cooperative Highway Research Program. In 1999, a
national highway research and technology partnership created by
FHWA, AASHTO and TRB formulated a collaborative national
research and technology agenda, focusing on safety,
infrastructure renewal, operations and mobility, planning and
environment, and policy analysis and system monitoring.
Mr. Skinner argued for a decentralized research program to
match the decentralized surface transportation system, because
``decentralized research programs allow the potential users of
research results to participate at many different levels.
Because the industry is so highly fragmented, a more
centralized program would probably make it even more difficult
to establish productive links between researchers and the users
of research products.'' Mr. Skinner also states, ``The Federal
role in highway research and technology is vital to highway
innovation. Only the Federal Government has the resources to
undertake and sustain high-risk but potentially high-payoff
research, and only the Federal Government has the incentives to
invest in long-term, fundamental research.'' He cites a
Research and Technology Coordinating Committee report (TRB
Special Report 261) in which suggestions are made for the
improvement of FHWA'a research and technology program.
The focus of Dr. Walton's testimony was the Future
Strategic Highway Research Program (F-SHRP). TEA-21 had asked
the National Research Council to convene a study group to
``determine the goals, purposes, and research agenda'' for F-
SHRP. The resulting report, entitled Strategic Highway
Research: Saving Lives, Reducing Congestion, Improving Quality
of Life, recommended the establishment of an F-SHRP program
comprised of four strategic areas: renewal, safety,
reliability, and capacity. Renewal refers to ``developing a
consistent systematic approach to performing highway renewal
that is rapid, causes minimum disruption, and produces long-
life facilities it means get in, get out, and stay out on our
highway.'' Reliability refers to ``provid[ing] highway users
with reliable travel times by preventing and reducing the
impact of non-recurring incidents.''
Professor Deakin served as chair of the Surface
Transportation Environmental Cooperative Research Board, which
was created in 1999 through the TRB. The Board found that ``a
major new investment in transportation-environmental research
is needed to support the nation's growth and meet public
expectations for improved transportation system performance.''
Six critical areas were identified to bring about this
improvement: human health; ecology and natural systems;
environmental and social justice; emerging technologies; land
use; and planning and performance measures. Increased funding
was also advocated by Professor Deakin.
Mr. Riva outlined his key components for effective pavement
research. He believed the research must be useful, that
education and knowledge transfer is critical, that research
must be conducted in a cooperative effort between the public
and private sectors, that it must focus on pavement replacement
and making due with existing facilities, and that the
construction must be environmentally sensitive.
Dr. Eighmy's testimony was centered on his four ``take
home'' messages regarding recycled materials in the highway
environment: (1) ``research on recycled materials is going to
require strategic partnerships;'' (2) research done by these
partnerships must be placed in the hands of decisionmakers
within the highway community; (3) ``[t]hese research activities
not only must produce more basic knowledge, but these tangible
products that must also evolve have to be things like material
specifications, performance specifications, best practices,
guidance, evaluation methodologies policy analysis as research,
and demonstration projects;'' and (4) ``a measurement of
research success needs to be put in terms of actual use of the
product by the highway community, particularly the State
DOT's.''
The focus of Mr. Bernstein's testimony was the five areas
of TEA-21 in need of improvement in relation to its stated
purposes (intermodalism, economic efficiency, environmental
quality, and equity). The five areas were: (1) transparency or
the ability to see clearly how resources are used; (2) data
``good data should support good science and good decisions, but
bad data is going to work the other way;'' (3) travel security
(here Mr. Bernstein cited an American Travel survey which
stated that 81 percent of trips over 100 miles are taken by
car, and asks why surface transportation security efforts do
not match those of aviation security); (4) the value of fixing
it first, and preserving instead of replacing; and (5)
transportation and household economics (here Mr. Bernstein
suggested that the DOT track issues such as the financial
impact on people based on how many cars they own).
On behalf of the National Asphalt Pavement Association, Mr.
Carlson advocated that Congress authorize a ``multi-year
asphalt pavement research and technology program, managed by
the FHWA, with oversight input from members of AASHTO and the
hot mix asphalt industry.'' This would, according to Mr.
Bernstein, ``result in highways that are safer and
environmentally friendly, designed for perpetual use, and
repair projects that are quick and reduce traffic congestion.''
Dr. White specified four areas on which the ITS should
focus, according to its National Transportation Systems Program
Plan: ``an integrated network of transportation information
that involves the instrumentation of major intersections and
roads; advance crash avoidance technologies and automatic crash
and incident detection, notification, and response; advanced
transportation management systems that enable area-wide
surveillance; and operational responses to traffic flow
changes.''
Six recommendations were outlined by Dr. Tarnoff for the
purpose of improving TEA-21. These were: (1) funding for F-SHRP
should be provided through a , of 1 percent take-down of
Federal highway funds; (2) increase funding for the Transit
Cooperative Research Program; (3) more focused research on
intersection safety counteremeasures; (4) a study should be
conducted by the Secretary of Transportation to identify the
best practices of incorporating operations and safety into the
planning process; (5) continue to fund the ITS research and
development program; and (6) support the findings of TRB report
261.
Mr. Ryan detailed the two themes of AASHTO's Research
Authorization Report. First is ``the need for enhanced
fundamental, long-term higher risk research.'' Second is ``the
need to do more aggressive training, technology transfer, and
education.'' Mr. Ryan concluded by stressing that AASHTO
supports many other programs that had been the subject of
previous testimony, chief among them environmental quality and
the Cooperative Research.
TEA-21 Reauthorization: Transportation Mobility, Congestion, and
Intermodalism, March 19, 2002
PANEL I
Mr. C. Kenneth Orski, Director , MIT's International
Mobility Observatory,
Mr. Alan Pisarski, Chairman of the Transportation Research
Board Committee on National Transportation Data Requirements,
and Programs.
Mr. Anthony Downs, Senior Fellow, Downs Institute.
Mr. Fred Salvucci, Senior Lecturer at MIT (specializing in
transportation).
In his testimony, Mr. Orski provided an overview of nine
areas that he felt had a large degree of consensus with the
transportation industry and among the major stakeholder groups.
These nine areas are: protecting the budgetary firewalls and
guaranteed funding enjoyed by the highway and transit programs;
giving States greater freedom to transfer funds between
programs; a comprehensive strategy for addressing congestion is
needed; providing administrative relief in the environmental
review while not losing environmental protections; continued
Federal support for intelligent transportation systems;
providing funding for lower cost transit solutions such as bus
rapid transit; allowing for the creation and funding of high
occupancy tolls lane networks; providing for a national
essential bus service network to provide greater national
mobility; and examining and implementing refinements or new
mechanisms to sustain the highway trust fund.
Data was the central theme of the testimony of Mr.
Pisarski. The trend lines show American's are still
predominately using the automobile as their mode of choice.
Transportation is and will always be about distance and time.
Transportation's goal must be to reduce the impact of distance
on the ability of society to act on its varying interests. We
are now at the stage where it is the pressures of time that
should be the great driver of transportation goals and issues
for the future.
Mr. Downs, the author of the book ``Stuck in Traffic''
testified specifically on the issue of congestion. Mr. Downs
testified that there are positive social benefits to peak hour
congestion that enable us as a society to pursue other goals
such as where we live and work, living in low-density
settlement patterns, and enjoying flexible means of movement.
Mr. Downs provided data that demonstrated that the problem of
congestion is getting worse around the country. Once congestion
appears in a community there is very little that can be done to
eliminate congestion all together. There are strategies that
can be put in place such as incident management, ramp metering,
the use of HOT lanes, adding capacity at bottlenecks, or moving
closer to your workplace that can be employed to mitigate or
diminish the effects of congestion.
Mr. Salvucci's testimony examined the impact of the
implementation of the Federal-aid highway program and its role
in developing our surface transportation system. From his
examination of the past and the current state of the
transportation system, Mr. Salvucci suggested four areas that
can improve our transportation system. These are: (1)
establishing a new program to federally fund the cost of
operating and maintaining the existing national highway system;
(2) developing a new category of funding for the rebuilding and
redevelopment of old infrastructure and mega-projects; (3)
developing a new initiative to prioritize access to airports;
and (4) developing a new program to provide Federal funding for
improved paratransit service.
PANEL II
Mr. Ron Sims, County Executive of King County, Washington.
Mr. Tim Lomax, Research Engineer for the Texas
Transportation Institute (TTI) at Texas A&M University.
Mr. Sims testimony highlighted the role congestion is
playing in urban areas. As an executive for a highly growing
region, Mr. Sims has seen how population growth, development
patterns, and lack of infrastructure investment can bring
congestion problems to urban areas. The cost of congestion is
one of the factors that a major employer in his area relocated
their corporate headquarters. Mr. Sims provided three key
recommendations to assist metropolitan areas mitigate the
effects of congestion and keep areas competitive in the global
economy. These are: (1) encouraging and promoting more flexible
use of Federal funds for areas such as air quality
improvements, ITS, and system operations; (2) the creation of
geographically defined metropolitan transportation systems
within which Federal fund would be targeted; and (3) targeting
more Federal transportation dollars directly to metropolitan
areas to combat congestion.
Mr. Lomax, discussed a mechanism developed by the Texas
Transportation Institute to measure and quantify congestion.
According to TTI's studies, over the past 20 years American
cities have not been able to keep pace with the demand brought
by population and job growth. As a result, it now takes
travelers in the top 75 metropolitan areas 185 percent longer
to travel during peak periods. In 2000, travelers in these
areas lost 3.6 billion hours to congestion. While road building
can help to reduce the growth of traffic congestion, Mr. Lomax
suggested that just funding roadway improvements will not solve
our battle to curb congestion. A new balanced solution that
examines and invests in all modes and in operation and demand
aspects of the transportation system is a needed to fight the
effects of ever growing congestion.
Symposium on Operations and Security in the Metropolitan Area--May 10,
2002
This roundtable discussion focused on the importance of
enhanced communications, coordination and deployment of ITS
technology to assist traffic managers and law enforcement in
handling local and national emergencies.
PARTICIPANTS
Dr. Christine Johnson, Intelligent Transportation Systems,
Federal Highway Administration.
Mr. Henry Hungerbeeler, Director, Missouri Department of
Transportation.
Mr. John Njord, Exective Director, Utah Department of
Transportation.
Mr. Elwyn Tinklenberg, Commissioner, Minnesota Department
of Transportation.
Admiral Richard E. Bennis, Associate Undersecretary for
Maritime and Land Security Transportation Security
Administration.
Mr. Jacob Snow, General Manager, Regional Transportation
Commission of Southern Nevada (on behalf of the Association of
Metropolitan Planning Organizations).
Mr. Matthew Edelman, Executive Director, TRANSCOM, Jersey
City, NJ.
Mr. Steve Lockwood, Vice President, Parsons Brinckerhoff
(on behalf of the Institute of Transportation Engineers).
Dr. William D. Miller, Executive Director, Oklahoma
Aeronautics and Space Commission.
Mr. Jack Goldstein, Senior Vice President, Science
Applications International Corp. (on behalf of ITS America).
In their opening remarks, Senators Reid, Bond and Jeffords
highlighted the importance of ITS and operations management to
enhancing local and Federal response to emergencies. Senator
Bond also noted the importance of ``waterway transportation
systems'' and pointed out that ``one medium size tow on the
Mississippi takes 870 trucks off the road . . . [resulting in]
less highway congestion, less fuel burned, improved safety,
cleaner air in the ozone non-attainment area os St. Louis, and
less highway wear and tear.''
Christine Johnson (FHWA) pointed out that two investments
offer ``very high leverage in contributing'' solutions to the
problems of security and congestion. These investments are
``monitoring technology that yields real-time information on
traffic speed and volume; on incident details . . . transit and
emergency response fleet location; weather data; and emergency
evacuation details.'' The second is investment in institutional
infrastructure that routinely brings together transportation,
public safety, and emergency managers to collaborate on
planning for response to routine traffic incidents and to major
emergencies, and to develop ways to communicate such
information.
Mr. Henry Hungerbeeler (Missouri Department of
Transportation) noted that AASHTO's board of directors
recommended that FEMA and Homeland Security support those
``purely security-related costs that States will incur, and the
Highway Trust Fund support those needs that serve multiple
purposes, such as surface transportation, emergency response
capabilities for major incidents on or off the transportation
system.'' He also focused on defense mobilization needs,
protection of highway assets, capabilities of the system for
emergency response and special needs associated with the
movement of goods.
Mr. John Njord (Utah Department of Transportation)
highlighted the fact that in the West, as compared to much of
the rest of the Nation, States face enormous growth. He noted
that over the past 10 years Utah had population growth of 30
percent per year. Because of this Utah invested in a
coordinated intelligent transportation system and has seen a
reduction of delays on streets by up to 20 percent. Their ITS
uses: closed circuit television cameras; congestion sensors;
road pavement condition sensors; 511 traveler information;
close coordination with highway patrols; and a web site which
contains detailed traffic information. He recommended strong
Federal support for ITS technology deployment. Mr. Njord also
noted that ``there is not bigger 'bang for the buck' than ITS
technology in reducing congestion and increasing air quality''
and thus he recommended that CMAQ funds be allowed to be used
for more than 3 years' worth of operation.
Mr. Tinglenberg (Minnesota Dept. of Transportation) echoed
some of the remarks of Mr. Njord regarding the importance of
ITS technology. He noted that communication is the best
response to handling security problems and recommended ``the
use of cameras and digital imaging systems, advanced signal
integration systems . . 511 and C-vision, improved variable
message capabilities.'' In terms of the reauthorization, he
proposed strong financial support of ITS deployment and
mentioned AASHTO's support for about $142 million per year. In
addition, he favored funding of around $125 million per year
for critical research and development regarding new ITS
technologies. He also discussed ramp metering and noted that
their metering system provided annual benefits of about $40
million to our system.
Mr. Snow, who testified on behalf of AMPO, noted that Las
Vegas had ``100 percent growth in the last 10 years.'' He
described the problems such tremendous growth creates. He
strongly supported ``development of a performance-based
management and operations element [regarding] regional
transportation plans.'' He wanted DOT and Homeland Security to
``assist in funding needed info-structure to provide data that
will assess the system's effectiveness.'' He also recommended
that the amount of funding provided to MPOs should increase to
2 percent from the current level of 1 percent and that MPOs be
allowed to flex funds from STP and CMAQ in support of ITS
operations, and that these ``types of flex funds need to be
sub-allocated to MPOs. . . .''
Mr. Edelman, who represents a coalition of 18 agencies in
New York, New Jersey and Connecticut, noted how the value of
ITS was proven after the September 11 bombings of the World
Trade Center in New York. He noted how ITS technology helped
enforce the ban on single occupancy autos coming into
Manhattan. Also, bus operators on the day of the attack ``were
able to use our multi-agency video network to make the best use
of their resources.'' In addition, his group ``used the I-95
Coalition's network to advise drivers throughout the Northeast,
linked to a massive deployment of traveler information systems,
to avoid [certain areas].'' He called for more funding for
ongoing operations and maintenance costs of ITS systems.
Mr. Lockwood testified on behalf of the Institute of
Transportation Engineers. He recommended that the Federal
Government play an enhanced role in accelerating the evolution
of incorporating systems management into State and local agency
decisionmaking by clarifying support of Federal policy. He also
urged supporting a higher priority for performance-oriented
improvements; provision of appropriate funding flexibility; and
promoting stronger operations oriented planning and multi-
jurisdictional partnerships at the regional level.
Mr. Goldstein represented ITS America at the roundtable
discussion and he noted that ITS technologies, already
deployed, are ``being used to enhance the security of the
Nation's surface transportation system.'' He pointed out that
in addition to the technology deployed, system performance is
``predicated on the ability of skilled transportation
professionals to collect, analyze, and archive data about the
performance of the system, during the hours of peak use.'' He
concluded by stating that ITS America proposed the ``creation
of a national transportation information network, which will
link all existing and future metropolitan and rural
transportation systems in the Nation into an integrated, yet
distributed, data network.'' He recommended that Congress
double funding for ITS operations in the reauthorization of
TEA-21.
Mr. Miller, of the Oklahoma Aeronautics and Space
Commission, emphasized that America was faced with the
``defender's disadvantage'' in that we must defend against all
possible attacks, while the terrorist only has to find one
weakness in our system. He noted that ITS technologies ``can be
a powerful tool in aiding first responders and traffic
managers, while assisting the efforts to secure our
transportation infrastructure.'' In Oklahoma their multi-phase
ITS integration program included a fiber optic communications
backbone capable of integrating a myriad of ITS components, to
enhance security and preparedness. Their program linked DOT,
Federal , military and local agencies into this common
communication backbone.
Transportation Planning and Smart Growth, May 15, 2002
Under the current Federal surface transportation program,
States and metropolitan areas engage in a planning process as a
prerequisite to spending Federal-aid highway and transit funds.
This full committee hearing examined the effectiveness of the
current transportation planning program and explored ideas for
the future.
PANEL I
Ms. Cynthia Burbank, Program Manager, Planning and
Environment, Federal Highway Administration (FHWA).
Mr. Kenneth J. Leonard, Director, Division of
Transportation Investment Management, Wisconsin Department of
Transportation, Madison, WI (on behalf of the American
Association of State Highway and Transportation Officials
(AASHTO)).
Mr. Ronald Kirby, Transportation Director, Metropolitan
Washington Council of Governments, Washington, DC (on behalf of
the Association of Metropolitan Planning Organizations (AMPO)).
Mr. Peter Gregory, Executive Director, Two Rivers
Ottauquechee Regional Commission, Woodstock, VT (on behalf of
the National Association of Regional Council (NARC)).
PANEL II
Mr. Andrew Cotugno, Planning Director, METRO, Portland, OR.
Ms. Judith Espinosa, Director, Alliance for Transportation
Research, Albuquerque, NM (on behalf of the Surface
Transportation Policy Project).
Ms. Jennifer Joy Wilson, President, National Stone, Sand
and Gravel Association, Arlington, VA Wendell Cox, Wendell Cox
Consultancy, Belleville, IL.
Mr. Tom Downs, Director, National Center for Smart Growth
Education and Research, University of Maryland, Baltimore, MD.
The overall planning program received a good review from
the witnesses on both panels. They testified that the planning
provisions implemented since the passage of ISTEA have largely
worked well and have encouraged improvements in transportation
planning. The witnesses also offered varied critiques and
suggestions for reauthorization.
As it was a specific question posed to the witnesses,
several commented on the requirement that States and MPOs draft
financially constrained plans. Kenneth Leonard argued, ``The
financial constraint requirement makes it difficult for States
to make adjustments needed as to which projects can move
forward to obligation and letting.'' He recommended increased
flexibility related to financial constraint in State and
Metropolitan Transportation Improvement Plans.
Ronald Kirby, and others, considered the fiscal constraint
requirements as among the most effective tools provided by
ISTEA and TEA-21. Developing financially sound transportation
plans and programs improved the credibility of MPOs' plans and
``presented the public with a realistic view of what can be
delivered in the way of transportation projects and services
Any dilution of the fiscal constraint requirement may find us
over-promising transportation improvements and losing our
credibility with our customers.''
The witnesses hailed the expansion of efforts to include
the public and stakeholders in the transportation planning
process. Looking to the future, the witnesses highlighted the
importance of improving planning for freight transportation.
They also noted TEA-21's emphasis on outreach to local
officials. Peter Gregory, described Vermont's planning program,
which depends on the State's regional planning commissions.
``Each regional planning commission is guided by a
transportation advisory committee (TAC) comprised primarily of
locally elected officials. These local officials provide the
Vermont Agency of Transportation (VTrans) with a regional
transportation plan and prioritized projects in all modes.''
Mr. Gregory recommended that Congress encourage rural
officials' involvement in the transportation planning process
by developing new funding streams to provide guaranteed
planning funding for rural areas and by ``adopting clear and
concise law incorporating local governments into the
transportation decisionmaking process.''
Mr. Leonard presented a slightly different perspective on
the balance of decisionmaking authority between the MPO, the
State, and local officials. In his view, ``the Nation is well-
served by the current balance of responsibility for the
development of highway, transit and intermodal projects, and
AASHTO recommends that Congress maintain this balance and
reaffirm the leadership role and authority of the States as
TEA-21 is reauthorized.''
The witnesses also addressed the importance of assistance
provided by FHWA and FTA. FHWA and FTA continue to conduct
training courses, provide technical assistance, support peer
exchanges, identify best practices, and prepare case studies in
order to assist the MPOs, State DOTs, and transit operators in
implementing the planning provisions of ISTEA and TEA-21.
Several witnesses mentioned the opportunities for gain
presented by improved coordination among State and local
planning agencies and environment and transportation officials.
Several witnesses addressed the linkage between land use and
transportation planning directly. Most reiterated that,
ultimately, land use decisions are the responsibility of local
and State officials. Ms. Burbank presented the Administration's
view of smart growth and transportation planning: ``Land use
and transportation have a symbiotic relationship. How
development occurs can greatly influence regional travel
patterns and, in turn, the degree of access provided by the
transportation system can influence land use distribution Smart
growth does not mean pitting transit or any other mode against
highways It is not an issue of highways versus transit. It is
an issue of expanding transportation choices and providing a
balanced intermodal transportation system that allows for the
efficient and economical movement of people and goods.''
Joy Wilson emphasized this point as well: ``Investment and
use of mass transit and public transportation whether buses or
rail are necessary and important tools in our battle to solve
congestion. But these tools need to be in some proportion to
Americans' interest in using them, and should not be used as
weapons against roads and vehicle use.''
The witnesses explored the complex nature of the
relationship between land use and transportation planning.
Andrew Cotugno explained that the key to a successful
integration of smart growth and transportation is the awareness
of ``what land use goals are being pursued and how a planned
transportation project will either lead the region closer to
the goals or conflict or undermine the goals.''
Wendell Cox, on the other hand, questioned the
effectiveness of ``smart growth'' strategies. He argued, ``No
problem has been identified of sufficient magnitude to justify
the coercive smart growth strategies; two that there is little
potential for reducing traffic congestion or increasing
transportation choices for all but a few, mainly those going
downtown through transit . . . And finally, smart growth
strategies tend to intensify the very problems they are
purported to solve.
Several witnesses pointed out that extensive research, data
collection, and data analysis are required to achieve that
level of understanding. Judith Espinosa and Thomas Downs both
discussed the shortage of current research regarding the
linkage between land use and transportation and the inadequacy
of the tools and methods used to analyze and address related
problems. Recommended solutions included a significant
commitment to research exploring these issues and improving
relevant data sets. Ms. Espinosa and Mr. Downs also suggested a
reemphasis in the transportation planning process to ensure
that planners consider factors such as health, pedestrian
trips, and land use impacts.
Mr. Cotugno proposed three pillars for encouraging smart
growth through the reauthorization bill. He described ways in
which the FTA New Starts Program, the National Corridor
Planning and Development Program, and the Transportation and
Community and System Preservation Pilot Program could be
enhanced to form a strong and comprehensive base for States to
proactively address both land use and transportation concerns.
Symposium on Transportation Safety (A Round Table
Discussion to Examine Safety Programs Funded by the Highway
Trust Fund)--June 14, 2002
PANELISTS
Frederick Wright, Executive Director, Federal Highway
Administration.
Bruce Warner, Director, Oregon Department of transportation
and Chairman of the Standing Committee on Highway Traffic
Safety, AASHTO.
William Walsh, National Highway Traffic Safety
Administration.
Edward Hamberger, President and CEO, Association of
American Railroads.
Tricia Roberts, Director, Delaware Office of Highway Safety
(representing the National Association of Governors' Highway
Safety Representatives).
Brian Holmes (representing the American Road and
Transportation Builders Association).
Wendy Hamilton, National President, Mothers Against Drunk
Driving.
D.B. Hill, Chairman, Workzone Safety Committee, Associated
General Contractors.
Kathleen Holst, President, American Traffic Safety Services
Association.
Frederick Wright (FHWA) noted that over 41,000 lives are
lost and 3 million injuries occur in roadway accidents each
year. He states that to ``significantly reduce fatalities and
injuries, we must use a comprehensive approach that addresses
the roadway environment, driver behavior and the vehicle.'' He
proposed regarding the roadways that investments should be
targeted on ``run-off-the-road crashes, crashes at
intersections, speed management, and pedestrian safety . . .''
He noted that Secretary Mineta believes that ``accurate crash
data collection and analysis are essential to identify the most
critical safety problems and to deploy the most effective
countermeasures.''
Bruce Warner (AASHTO) pointed out that after three decades
of decline ``the reduction in highway fatality rates has
stalled.'' He noted that ``40 percent of the fatalities are
alcohol related; 20 percent are speed related; and only 73
percent of the people use their seat belts . . . [and that]
one-fourth of fatalities are at intersections; one-third of
them are run-off-the-road accidents; and 45 percent of all the
fatalities are on rural two-lane roads.'' He recommended that
``investment in transportation safety should be almost
doubled'' and that each State ``should develop goal-oriented,
performance-based comprehensive highway safety component of its
long-range plan, incorporating education, enforcement,
emergency medical services and highway infrastructure
improvements.''
William Walsh (NHTSA) suggested that Congress and DOT;
``one, streamline the grant program structure to reduce the
administrative burden on the States; two, develop performance
based programs to encourage States to direct resources to
programs with the most significant safety benefits; three,
reward States who make the most significant strides in
improving safety; and four, design a balanced approach that
recognizes the complexity of the problems . . . .''
Mr. Hamberger (AAR) had ``one major issue before [the EPW]
committee,'' he wanted to double funding for the section 130
grade crossing protection and separation program to $300
million. He noted that there ``are over 400 people a year
killed at grade crossing incidents.''
Ms. Tricia Roberts (National Assoc. of Gov's Highway Safety
Reps) made five major proposals: 1) States should have the
right to determine how Federal funds are spent within their
States; 2) States should have ``fewer Federal programs to
administer;'' 3) States need adequate resources to be able to
effectively address safety problems; 4) States need timely,
accurate and accessible data with which to make safety-related
decisions; and last, States need to conduct more research on
driver and road-user behaviors.
Brian Holmes (ARTBA) pointed out that ``for every $1
billion of investments by the public in government-financed
road improvements, there has been a prevention of 1,400
premature deaths and nearly 50,000 injuries.'' He noted that
ARTBA recommends improving safety on rural two-lanes roads with
a new $1 billion two-lane roads initiative; focusing and
investing in highway and road construction work zone safety
initiatives, where over 1,000 people are killed and 39,000 are
injured each year; and continuing with the Federal investments
in the Federal Roadway Infrastructure Safety Program.
Wendy Hamilton (MADD) recommends that ``Congress should
allocate at least $1 billion annually for the creation of a
national traffic safety fund.'' She noted that in 2000,
``16,650 people were killed in alcohol-related traffic
accidents.'' She noted that ``the best defense against a drunk
driver is a seat belt,'' and that there should be an increase
in the percentage of highway construction funds to be
redirected if a State does not comply with the section 154 open
container law provision. She also recommended that States that
do not enact section 154 (open container) and 164 (repeat
offender) State laws should only be permitted to redirect funds
for impaired driving programs.
D.B. Hill (AGC) proposed that Congress include ``incentives
for States to pursue work zone safety initiatives'' such as
incentives ``to make widespread use of law enforcement officers
and devices such as photo enforcement and radar.'' He noted
that States ``should be directed to use positive barriers on
high-risk projects . . . `` He also pointed out that motorists
``must be aware there are increased dangers in the work zones
to themselves and to workers.'' In addition, he recommended
that work zones be divided into higher and lower-risk areas
with appropriate enforcement and speed limits.
Kathleen Holst (ATTSA) began by stating that ``five times
more people have died on roadways since 1900 than in all our
Nation's wars'' and that ``one child in 84 born today will die
violently in a motor vehicle crash.'' She advocated a $3
billion per year investment in a roadway safety program to
aggressively counteract the ``role of the roadway itself in
causing death and injury in America.'' Specially, ATTSA
proposes to target risks and problems related to: older
drivers, work zones, intersections, run-off-the-road crashes,
pedestrians and bicyclists, speeding, research and emergency
management.'' Ms. Holst concluded that ``the most important
concept is the idea of creating a dedicated core roadway safety
program . . . [along with] dedicating safety dollars that
target low-cost safety improvements, such as wider pavement
markings, brighter and more visible signage, rumble strips and
modern guard rails.''
Transportation and Air Quality, July 30, 2002
TEA-21 and the Clean Air Act include a variety of programs
and provisions that encourage the close collaboration of
transportation and air quality planners, and direct public and
private investments toward projects, systems and technologies
to reduce air pollution coming from the mobile source sector.
These include the Congestion Mitigation and Air Quality
improvement program (CMAQ), transportation conformity, and
specific performance standards for vehicles, fuels and
incentives for clean vehicle development.
Through emission control technology, passenger vehicles
have become substantially cleaner than they were prior to 1970.
This trend will continue as new, low-sulfur fuel requirements
are phased in over the next 3-7 years. All new light-duty
trucks and sport utility vehicles (SUVs) will, by 2005, be
required to achieve more stringent emissions performance, and
by 2010, all new heavy duty diesel buses and trucks will be
much cleaner. Past improvements in emissions performance have
been compromised by increases in vehicle miles traveled (VMT),
but that VMT effect is projected to be significantly less in
the future. As a whole, mobile source sector emissions will
continue declining into the future, though at a less rapid rate
after 2020. However, as NOx emissions from large stationary
sources are reduced under the NOx SIP Call and to attain the
PM-2.5 standard, the mobile source sector's percentage of its
contribution toward ozone formation and fine particulates in
areas may increase over the next decade.
PANEL I
Hon. Mary Peters, Administrator, Federal Highway
Administration, U.S. Department of Transportation.
Hon. Jeffrey Holmstead, Assistant Administrator, U.S.
Environmental Protection Agency.
Administrator Peters testified that air quality problems
linked to transportation require flexible, multi-level
solutions. She described the benefits of and the working of the
CMAQ program, including the various eligible project types,
such as ride-sharing, ITS implementation and emission
inspection and maintenance. She also indicated that CMAQ
supports experimentation by the States and the MPOs to meet
travel demand in the most environmentally sensitive ways and
has encouraged cooperation between transportation and air
quality agencies. Ms. Peters stated that stronger institutional
links between transportation and air quality planning agencies
have been created, but suggested that air quality models used
in conformity are imprecise and that transportation and air
quality planning cycles could be better synchronized.
Administrator Holmstead testified that the new cars
purchased today are more than 95 percent cleaner than cars
purchased 30 years ago. He stated that concentrations of the
four criteria pollutants most affected by the transportation
sector, carbon monoxide, nitrogen dioxide, ozone and
particulate matter, have all declined substantially since 1970.
He said that in 2004, all new cars, light trucks, minivans and
SUVs will have to meet the same stringent emission standards.
Beginning in 2007, heavy duty diesel trucks and buses will be
required reduce emissions of particulates and NOx by 90 percent
and 95 percent respectively. He said that these emissions
reductions are possible in large part due to requirements for
cleaner gasoline and diesel fuel. Mr. Holmstead said that,
within the next 2 years, EPA will be setting the same types of
emission performance standards for non-road diesel engines,
such as construction equipment. He testified that cleaner cars
and fuels alone are insufficient to achieve the emissions
improvements that are necessary to attain the national ambient
air quality standards. Transportation conformity and CMAQ are
important programs that help achieve attainment, but could be
improved by directing CMAQ funds to areas that do not attain
the PM-2.5 standard.
PANEL II
Mr. Scott Johnstone, Secretary, Vermont Agency for Natural
Resources.
Mr. Ron Harris, County Judge, Collin County, Texas.
Ms. Lynn Terry, Deputy Executive Officer, California Air
Resources Board.
Mr. James Stephenson, President, Yancy Brothers Company,
Atlanta, Georgia.
Mr. Michael Replogle, Transportation Director,
Environmental Defense.
Mr. Scott Johnstone testified that while Vermont is
currently attaining the national ambient air quality standards,
surface transportation is the largest in-State source of air
pollution. He stated that air toxics contribute significantly
to the formation of ground level ozone and, in Vermont,
represent an area of air quality where the State's standards
are not being met. He recommended that TEA-21 reauthorization
legislation should require CMAQ to incorporating fine
particulate matter, air toxics, and greenhouse gases in the
allocation and eligibility criteria. Greenhouse gas reduction
goals and incentives could be tracked by monitoring vehicle
miles traveled due to transportation projects. He further
recommended that the committee consider land use effects of
transportation projects, and consider allocating funding that
will provide incentives for grid patterns and public transit
projects that would improve land use, reduce congestion,
improve air quality, and encourage smarter growth.
Mr. Ron Harris testified that efforts under the CMAQ
program have been a significant help in the north Texas area,
particularly with HOV lanes. He recommended that
reauthorization legislation encourage intelligent
transportation systems and coordination of multiple
jurisdictions. He encouraged the EPA to continue working to
clean up off-road equipment and recommended that incentives for
diesel retrofits be provided.
Ms. Lynn Terry testified that transportation conformity is
critical to ensure that health based air quality standards are
met in the required timeframe. She stated that the process
requires looking at emissions today as well as in the future,
to ensure that we continue clean air progress as our population
and economy grow. She encouraged the committee to consider
steps to make the implementation of transportation control
measures more flexible. She indicated that the most difficult
problem with the current conformity process is the inability to
take new information into account in a workable way. She
suggested more frequent updating of SIPs and a better
synchronization of transportation plans and SIPs.
Mr. James Stephenson testified that Government agencies
must have more flexibility in administering the conformity
process and the public needs more predictability in the
planning process. He stated that conformity lapses do not occur
due to severe clean air problems, but because of missed
deadlines and paperwork problems.
Mr. Michael Replogle testified that over 160 million people
still live in areas of the country with poor air quality. He
said that people living near big roads can face cancer risks as
high as 1 in 500 from air toxics. He stated that transportation
conformity has only really begun to be implemented as many
ozone attainment SIPs were adopted only last year. He testified
that Congress' requirement that transportation decisions must
conform with SIPs has improved air quality accounting and
spurred investments in cleaner fuels, vehicles and maintenance,
and encourage transportation choices and smart growth that cuts
traffic and pollution. He recommended that reauthorization
legislation should increase funding for CMAQ dramatically,
ensure that frequency of conformity determinations supports
timely attainment of air quality standards and encourage easy
adoption of transportation control measures.
Subcommittee on Transportation, Infrastructure, and Nuclear Safety
Hearing Western Transportation Issues Reno, Nevada, August 8,
2002
The Subcommittee conducted a field hearing in Reno, NV, to
examine the State of Nevada's transportation needs and review
the Federal Lands Highway Program. The greater part of all
Federal and tribal lands is located in the 13 western-most
States.
In his opening statement, Subcommittee Chairman Reid stated
that Southern Nevada's explosive growth over the last decade
presented unique opportunities and challenges for the State's
transportation officials. Senator Reid also pointed out that no
State has a higher percentage of Federal land than Nevada. Of
Nevada's land mass, 87 percent is Federal land.
PANEL I
Hon. Mary Peters, Administrator, Federal Highway
Administration, U.S. Department of Transportation.
Administrator Peters gave a brief outline of the Federal
lands program. She stated that from fiscal years 1998 to 2002,
about 66 percent of the Federal lands highway funds allocated
went to projects located in the 13 western-most States.
Administrator Peters and Chairman Reid also discussed the
completion of the Hoover Dam Bypass and the importance of this
project to the movement of goods and people in Southern Nevada
and accross the southwestern United States.
PANEL II
Hon. Tom Stephens, Director, Nevada Department of
Transportation, Carson City, NV.
Mr. Greg Krause, Executive Director, Washoe County Regional
Transportation Commission, Reno, NV.
Mr. Juan Palma, Executive Director, Tahoe Regional Planning
Agency, Zephyr Cove, NV.
Mr. Gary Carano, Nevada Resort Association, Reno, NV.
Mr. Stephens highlighted the importance of considering the
western perspective in this reauthorization cycle. ``One size
does not fit all, and the west is considerably different than
the rest of the country.'' He pointed out that Nevada is the
fastest growing State in the union, growing 66 percent over the
last decade. While congestion continues to be an issue, Nevada
is not ignoring is maintenance responsibilities. The State will
spend more than half of its construction dollars on
maintenance.
Mr. Palma testified of the State's continued efforts to
preserve the ``national treasure'' of Lake Tahoe. Millions have
been spent to improve roads around the lake and improve
stormwater runoff collection.
Mr. Krause testified about Washoe County's efforts to
improve mobility through increased investment in transit and
improved system operations through the use of intelligent
transportation systems. Mr. Krause also spoke a the State's
responsibility to ``take on our burdens and shoulder our share
at the local level.'' As part of this process, Mr. Krause spoke
of a ballot initiative to allow for the indexing of local gas
taxes to inflation.
Mr. Carano spoke of the importance of a well-maintained
transportation system and its relationship to Nevada's thriving
travel and tourism industry. Mr. Carano specifically mentioned
the importance of maintaining Interstate 80 for the Northern
Nevada economy.
PANEL III
Hon. Bruce Warner, Director, Oregon Department of
Transportation, Salem, OR.
Hon. John H. Milton, Commissioner, Humboldt County,
Winnemucca, NV.
Ms. Robyn Burdette, Chairwoman, Summit Lake Paiute Tribe,
Winnemucca, NV.
Mr. Warner talked about the importance of the Federal lands
program in the West. He also discussed at length the need to
find new methods of financing transportation in the future. He
encouraged Congress to create a ``pilot study that would
promote research and testing of new methods for financing
transportation.''
Mr. Milton highlighted Humboldt County's difficulty in
funding road projects given because over 70 percent of Humboldt
County's transportation system serves Federal lands which do
not generate revenue.
Ms. Burdette testified of the importance of the Indian
Reservation Road program and called for increased program
funding. She expressed the Nevada tribes' interest in
continuing and enhancing their partnership with the State of
Nevada. She also addressed the problem of rural road safety and
the need for a targeted safety program for Indian Reservation
Roads.
Examination of the Unique Transportation Needs of Small Town and Rural
America, Montpelier, Vermont, August 20, 2002
This field hearing focused on the unique transportation
needs of Rural America. Witnesses brought a national and
northeastern regional perspective to the topic.
PARTICIPANTS
Honorable Michael Jackson, Deputy Secretary, U.S.
Department of Transportation, Washington, DC.
Honorable Brian Searles, Secretary, Vermont Agency of
Transportation, Montpelier, VT.
Mr. Raymond S. Burton, Executive Councilor, Woodville, NH.
Honorable Richard Pembroke, Chairman, Vermont House
Committee on Transportation, Bennington, VT.
Hon. Richard Mazza, Chairman, Vermont Senate Committee on
Transportation, Colchester, VT.
Mr. Thomas Adler, Northeast Transportation Institute and
Museum, White River, Junction, Vermont
Ms. Debra Ricker, Associated General Contractors of
Vermont, Barre, VT.
Mr. Paul Bruhn, Preservation Trust of Vermont, Burlington,
VT.
Mr. Matthew Sternberg, Executive Director, Rutland
Redevelopment Authority, Rutland, VT.
Secretary Jackson established the importance of the
hearing, stating: ``The rural community has very, very strong
and pronounced needs to access transportation in this country.
21 percent of the population lives in rural communities, and 18
percent of the jobs, and many of those people don't have access
to transportation to get to their jobs when they must leave
their home.''
Vermont Transportation Secretary Brian Searles offered
testimony on behalf of the American Association of State
Highway and Transportation Officials (AASHTO), and pointed to
the disproportionate highway safety challenges in rural
America, stating, ``rural two-lane safety is a concern for
AASHTO members. The General Accounting Office recently reported
that although 40 percent of all vehicle miles are traveled on
rural roads, 60 percent of traffic fatalities in 1999 occurred
on rural roads. Funding should be increased to improve safety
of rural roads, both State and local. AASHTO urges that the
highway program be increased over 6 years to $41 billion
annually. From this, an additional $1 billion annually should
be dedicated to safety.''
The State officials appearing before the committee each
expressed the need for increased funding, especially to ensure
proper maintenance of the Interstate System. Vermont's
Secretary Searles observed, ``parts of our interstate system
are 40 years old and need repair. A recent needs assessment of
Vermont's 320 miles of Eisenhower Interstate System showed that
an investment of $74 million was needed just to bring the
system up to Federal standards. Simply put, we cannot afford
that kind of investment and meet our other commitments/needs on
our national highway systems and State highway systems.''
Senator Mazza concurred, ``Our economy relies heavily on
interstate trade and travel. Interstate 89 and 91 are the
lifeline for much of the State. We face enormous reconstruction
and repair costs on our interstate. Vermont's northern border
with Canada has felt the effects of NAFTA and its attendant
growth in freight movement. International freight also moves
through Vermont from neighboring New York. Replacement of the
Missisquoi Bridge, at a staggering cost by Vermont standards,
is essential to support our international trade.''
Speaking on behalf or the Associated General Contractors,
Debra Ricker argued for greater emphasis on asset management to
address the maintenance challenge faced by rural areas: ``To
properly account for infrastructure assets, governments must
develop an asset management plan which at a minimum should
identify the condition of pavements, structures, and
facilities. That plan should include deterioration rates for
those assets so that a determination can be made for the annual
funds necessary to maintain those assets at a recommended level
of performance. This whole issue of asset management is
important to getting the optimum level of results from our
expenditures while maintaining our infrastructure. In short,
getting the biggest bang for the buck.''
Witnesses endorsed features of the current program.
Representative Pembroke talked about the value of the planning:
``The toughest part of my job as chairman (of the Vermont House
Transportation Committee) is distributing dollars among the
many competing transportation needs in Vermont. Looking back, I
think that we have been able to do that in a fair and a
productive way, and we have used the planning provisions of the
Federal law to get the job done. The direction of the law to
emphasize planning from the bottom up has definitely been the
right decision . . . As a result of the success of the project
manager system which we directed the agency to institute, and
taking advantage of the advanced construction provisions of the
Federal law, I leave my chairmanship with enough shelf projects
to consume a year's worth of Vermont Federal appropriation.''
Paul Brauhn spoke in support of the benefits provided by
the enhancements program and design flexibility for rural areas
and small towns in America: ``I'd like to emphasize how
important the enactment of ISTEA has been in encouraging a real
transformation within State agencies of transportation
nationwide. There's been a broadening of their mission from the
important one of building roads for safe and efficient movement
of cars and trucks to acknowledging the significant impact that
transportation projects have on people and communities . . .
the new design standards which were enabled by this new policy
within the new Federal policy that allowed the States to
develop new design standards. We've done that here in Vermont;
it's been very successful. It hasn't solved all of our problems
or all of the concerns, but it's provided a vehicle for a
flexible system for providing transportation, meeting community
needs, and not overwhelming some of our communities.''
Regarding the enhancement program, Brauhn said: ``It's been one
of ISTEA's truly outstanding success stories. To make use of
the program's 12 activities to improve the esthetics and
amenities associated with travel on the highways and also to
build new and better partnerships with State transportation
agencies.''
Joint Subcommittee Hearing on Freight and Intermodal Transportation,
September 9, 2002
The Senate Committee Environment and Public Works'
Subcommittee on Transportation, Infrastructure, and Nuclear
Safety and the Committee on Commerce, Science, and
Transportation's Subcommittee on Surface Transportation and
Merchant Marine held a hearing on September 9, 2002 to learn
about freight movement in the United States and how goods move
between the modes as it moves from its origin to its
destination.
PANEL I
Mr. Jeffery Shane, Deputy Secretary for Policy, United
States Department of Transportation.
Ms. JayEtta Hecker, Director of the Infrastructure Group,
United States General Accounting Office.
In his testimony, Mr. Shane provided an overview of freight
movement in the United States. He testified that in 1998 the
United State transportation system carried nearly 4 trillion
ton-miles of freight valued at over $9 trillion. By the year
2020, forecasters predict that the US transportation system
will handle cargo valued at over $28 trillion. In order to
accommodate such a dramatic growth in the movement of goods,
the administration would try to do the following during
reauthorization: (1) preserve funding flexibility to allow the
broadest application of funds to transportation solutions; (2)
Strengthen the efficiency and integration of the Nation's
system of goods movement by improving international gateways
and points of intermodal connection; (3) focus more on the
management and performance of the system; (4) develop the data
and analyses critical to sound transportation decisionmaking;
(5) foster the development and deployment of technology to
support intermodal freight security, productivity, and safety;
and (6) expand and improve innovative financing programs in
order to encourage greater private investment in the
transportation system.
Maritime transportation was the focus of Ms. Hecker's
testimony. She recommended the establishment of nation goals as
the related to maritime transportation and that a clearly
defined Federal role relative to other stakeholders. She also
called for a mechanism to determine funding tools and other
approaches that will maximize the impact of any Federal
investment.
PANEL II
Ms. Katie Dusenberry, Chairperson, Arizona Department of
Transportation Board.
Mr. Michael Wickman, Chairman and CEO, Roadway Express.
Mr. Edward Hamberger, President, Association of American
Railroads.
Mr. Rick Larrabee, Director, Port Commerce at the Port
Authority of New York and New Jersey.
Mr. Michael Huerta, Senior Vice President and Managing
Director, ASC State and Local Solutions.
Mr. John Caruthers, Jr., Chairman, I-69 Mid-Continent
Highway Coalition.
Ms. Dusenberry testified about the conditions surrounding
the movement of goods and people in and around the Hoover Dam
area. The Hoover Dam is very important for its management of
water resources and its generation of electrical power but its
critical role it plays in transportion. Traffic moves over the
dam as a bridge connecting the States of Arizona and Nevada.
Since 9/11/01, the road on the Hoover Dam has been closed to
commercial trucking causing 2,100 trucks per day to take at
least a 23 mile detour. She recommended that the committees
provide funding to complete work on a new bridge span at the
Hoover Dam.
Mr. Wickman's testimony provided insight in the movement of
goods through motor vehicles. He testified that nearly 60
percent of goods moving through America's border are moved by
truck. As freight movement in America increases, there will be
a greater number of trucks moving on our nation's roadways.
Congress needs to ensure that there are safe, effective, and
efficient procedures in place to screen freight moving in and
around our country. Our nation's economy depends on goods
getting to the appropriate location on time. Without
improvements in process and technology, we will not be able to
keep pace.
Mr. Hamberger's testimony highlighted the growing role of
rail in the movement of goods in America. Through the use of
intermodal containers that allow goods to easily move between
rail and trucks, the rail industry has been able to see a
steady increase in the number of units of freight they move.
Mr. Hamberger provided nine recommendations that the freight
stakeholder coalition is unified behind. These are: (1)
protecting the integrity of the Highway Trust Fund; (2)
dedicating fund to the NHS intermodal connectors; (3)
establishing a national freight industry advisory group; (4)
creating and funding a Freight Cooperative Research Program;
(5) expanding freight planning expertise at the State and local
levels; (6) developing ways to increase available funds without
new user fees and taxes; (7) significantly increase funds for
an expedited corridor/border and gateway program; (8)
streamlining environmental permitting for freight projects; and
(9) increasing funding and promote the use of CMAQ for freight
projects.
Mr. Larrabee described the operations of the Port Authority
of New York and New Jersey. In doing so, he made seven points
for the consideration of the committees. These are: (1) there
is a need for continued attention to the maritime
transportation system; (2) congestion and other bottlenecks to
efficient transportation need to be addressed; (3) the Nation
must work for improvements in the transportation system to
accommodate the expected increases in freight movement; (4)
Congress must look at all modes include water bourn
transportation to handle the volume of goods that are being
moved; (5) continued support of the use of CMAQ for freight and
programs such as the Borders/Corridors Programs is needed; (6)
improvements to freight corridors can also have tremendous
benefits to the traveling public; and (7) the use of
intelligent technology has proven very worthwhile and its use
should be promoted.
Mr. Huerta's testimony provided an overview of how the
Borders and Corridors program authorized in TEA-21 has worked.
He testified that while the concept of the program was sound,
the program has fallen short of its intended goals. Congress
should provide more funding to make these programs work
effectively and reduce the earmarking of these programs during
the annual appropriations process.
Mr. Caruthers, discussed the I-69 corridor. The I-69
corridor was designated as a congressional High Priority
Corridor in both ISTEA and TEA-21. While there are several
segments of this roadway that are complete, many portions of
the roadway are not in place. Completion of the Corridor 18
portion of I-69 is projected to save 3100 lives, avoid 158,00
injuries, and 409,000 property damage accidents. Congress
should provide more funding to the Borders and Corridors
program so State can work together to complete vital trade
routes such as I-69.
Project Delivery and Environmental Stewardship, September 19, 2002
The term ``Project Delivery'' refers to the myriad steps
required to complete transportation projects. As congestion has
emerged as a priority concern across the country, timely
completion of transportation projects have taken on greater
urgency. A number of transportation stakeholders, including
State Departments of Transportation and State resource agency
officials, have begun to approach Project Delivery, and the
environmental component of that process, as an opportunity to
create broad benefit for communities and the environment.
Senator Smith and his staff explored this more affirmative
notion of Environmental Stewardship and identified examples of
best practices from around the country. At this hearing, State
and local officials and practitioners described their efforts
to both streamline and improve the outcomes of the
environmental process. Although the witnesses often emphasized
different techniques for accomplishing the shared goal of
designing and completing transportation projects without
sacrificing the environment, they discussed many of the same
approaches.
PANEL I
Mr. Emil Frankel, Assistant Secretary for Transportation
Policy, U.S. Department of Transportation Washington, DC.
Mr. John Suarez, Assistant Administrator, Office of
Enforcement, Compliance, and Assurance U.S. Environmental
Protection Agency, Washington, DC.
Mr. Kenneth Mead, Inspector General, U.S. Department of
Transportation, Washington, DC.
Ms. Kate Siggerud, Acting Director of Physical
Infrastructure Issues, General Accounting Office Washington,
DC.
PANEL II
Ms. Carol Murray, Commissioner, New Hampshire Department of
Transportation, Concord, NH.
Mr. Kenneth Morefield, Assistant Secretary for Planning and
Engineering, Florida Department of Transportation, Tallahassee,
FL.
Ms. Emily Wadhams, State Historic Preservation Officer,
Vermont Department of Housing and Community Affairs,
Montpelier, VT.
Mr. Hal Kassoff, Vice President of Highway Programs,
Parsons Brinckerhoff, Washington, DC (on behalf of the American
Council of Engineering Companies).
Mr. Charles Hales, Transit Planning Principal, HDR Inc.,
Portland, OR.
Emil Frankel pointed out in his testimony, ``Issues
confronted in one project will often vary substantially from
those in another seemingly similar project The nature and
complexity of the issues mean that blanket solutions have
proved very elusive.'' Many of the witnesses highlighted
examples of innovative processes around the country that have
improved project delivery while successfully promoting
environmental stewardship. Ken Morefield described Florida's
``Efficient Transportation Decision Making Process'' (ETDM).
Mr. Morefield testified that the ETDM process in Florida
accomplishes the directives of Section 1309 of TEA-21 and the
National Environmental Policy Act. While this program of task
forces, technological innovation, and early stakeholder and
public involvement has helped Florida improve its
transportation planning and construction process, Mr. Morefield
reminded the committee that Florida DOT does ``not promote it
as one that will fit every State.'' He does not advise ``one-
size-fits-all'' approach to project delivery and environmental
stewardship.
Emily Wadhams discussed Vermont's innovative approach to
expediting historic preservation reviews of transportation
projects. Vermont developed a Programmatic Agreement (PA) that
creates an alternative review process for transportation
projects under Section 106 of the National Historic
Preservation Act. This innovative approach arose from the
understanding that the Agency of Transportation (AOT) and the
State Historic Preservation Office (SHPO) share two mutual
goals: to improve project delivery and to preserve the State's
historic resources. Under the PA, ``the State Historic
Preservation Officer has delegated the review and sign-off
authority to qualified historic preservation professionals
within the Vermont AOT for all State and Federal transportation
undertakings.'' The agreement uses qualified historic
preservation professionals within AOT to provide the
appropriate level of consideration for historic and
archeological resources in transportation project planning. AOT
and SHPO staff worked collaboratively to determine exactly how
the review process would work under the PA. They developed the
PA Manual, which ``clarified or developed procedures and other
guidance to define how resources should be evaluated and
treated in the Section 106 process.''
While many of the hearing witnesses identified unique,
State-specific efforts to improve project delivery and
environmental stewardship, some recommendations were reiterated
throughout the hearing: early public and stakeholder
involvement in project planning; improved interagency
cooperation, including resource agency involvement during
project planning and design phases; additional funding and
technical assistance from FHWA to facilitate streamlining and
stewardship efforts in the States; and development and use of
new technologies to better integrate resource and community
needs into a comprehensive planning process.
While the committee heard some consistent recommendations
from witnesses, the question of project delivery also inspires
disagreement among practitioners, stakeholders, advocates, and
elected officials. Senator Wyden stated his commitment to
working within the confines of current law: ``I am prepared, as
long as I've got any breath in this body, to stay at it
administratively to try and get it right.'' Senator Baucus, on
the other hand, ``would like to see us specifically legislate
environmental streamlining no waiting for regulations or more
Executive Orders. Congress needs to be clear about what they
need to see and put it into law.''
Charlie Hales testified, ``Environmental review
requirements, well integrated and well administered, help
assure that good projects are advanced with public support,
avoiding adverse impacts and mitigating unavoidable impacts.
This translates into public acceptance and smoother
permitting.'' Hal Kassoff presented an opposing view, ``Those
who argue that the environmental review process is not a
significant cause of delay and that funding constraints and
mismanagement are the real problems, are distorting reality.''
Concern over project delivery is not a new issue. As the
witnesses described, TEA 21 included provisions to expedite
project delivery. For most observers, timeliness has been the
principal concern. Today, it can take from 9 to 19 years to go
from concept to completion on a major project. The Project
Delivery and Environmental Stewardship hearing presented the
committee with a myriad of identified challenges and potential
solutions to a complex and contentious issue.
Innovative Financing: Beyond the Highway Trust Fund, September 25, 2002
PANELISTS
Hon. Phyllis Scheinberg, Deputy Assistant Secretary for
Budget and Programs, U.S. Department of Transportation,
Washington, DC.
Hon. Janice Hahn, Councilwoman, city of Los Angeles, Los
Angeles, CA.
Hon. Peter Rahn, Secretary, U.S. Department of
Transportation, Sante Fe, NM.
JayEtta Hecker, Director of Physical Infrastructure Issues,
General Accounting Office, Washington, DC.
John Horsely, Executive Director, American Association of
State Highway and Transportation Officials.
Jeff Carey, from Merrill Lynch, New York, NY.
David Seltzer, from Mercator Advisors, Philadelphia, PA.
In summary, the witnesses reinforced the need to diversify
transportation finance. They define terms, provided methods for
evaluating alternative approaches and cited recent examples of
the successful application of innovative financing techniques.
Secretary Scheinberg highlighted the Administration's
perspectives as follows, ``We see the primary objectives of
innovative finance as leveraging Federal resources, improving
utilization of existing funds, accelerating construction
timetables, and attracting non-Federal investment in major
projects. She highlighted three major innovative finance
programs: the Transportation Infrastructure Finance and
Innovation Program, or TIFIA, Grant Anticipation Revenue
Vehicles, or GARVEE bonds, and State Infrastructure Banks, or
SIBs.
She noted that the use of TIFIA, GARVEEs and SIBs are
moving from innovative to mainstream which is an indicator of
success, but it does not means that the needs of project
finance have been completely met.
David Seltzer advised the committee members on fundamental
considerations when evaluating finance policy options: ``Your
two committees have at their disposal, really, three approaches
that may be used to advance infrastructure projects: regulatory
incentives, Tax Code incentives, and credit incentives.'' He
stated that for any of these tools to be successful, three
groups of stakeholders have to be satisfied simultaneously:
project sponsors, the investor and the Federal policymaker. In
response to a comment by Senator Jeffords about identifying new
sources of investments, Mr. Seltzer noted the a possible new
investor in transportation financing would be pension funds
which represent some $3.6 trillion in assets. At this point
there are virtually no U.S. transportation projects in their
portfolios. The principal reason for this is that the primary
financing vehicle of tax-exempt bonds does not appeal to tax-
exempt entities such as pension funds. However, something like
tax credit bonds, where the principal could be sold to, say, a
pension fund and the tax credits decoupled and sold to other
investors may be marketable.
Jayetta Hecker drew on recent General Accounting Office
studies to advise the members on limitations and cautions
regarding the use of innovative finance tools: ``The
limitations on the use of these tools are real. The biggest
one, of course, is States' willingness and authority. You have
a lot of States that are very cautious about debt financing and
financing projects in a manner other than on a pay-as-you-go
basis. There is also a skill issue. This is a brand-new kind of
skill, financing and bond market specialists. It is very
different than highway engineering. Also, it is mostly affected
by legislators at the State level or the local level and their
willingness to look at these different tools. There are also
limitations in Federal and State law. The application of TIFIA
is limited to projects costing over $100 million. Only 5 States
are allowed to use TEA-21 funds to capitalize their SIBs. Then
there are State laws that restrict public/private partnerships
and, of course, there are Federal tax policies on private
activity bonds. So, there are a whole range of factors that are
really behind some of the limitations in the extensive
application of these new tools.
Janice Hahn described successful efforts to apply the
innovative finance concepts through the Alameda Corridor
Transportation Authority (ACTA) : ``ACTA consolidated four
branch lines serving the ports into a 20-mile freight rail
expressway that is completely grade separated, including a 10-
mile long 30-foot trench that runs through older, economically
disadvantaged industrial neighborhoods south of downtown Los
Angeles. The linchpin of ACTA's funding plan was designation of
the Alameda Corridor as a high-priority corridor in the 1995
National Highway System's Designation Act. That designation
cleared the way for Congress to appropriate $59 million needed
to back the $400 million loan to the project from the U.S.
Department of Transportation. That was the leverage, if you
will, for the biggest piece of our financing package, more than
$1.1 billion in proceeds from revenue bonds sold by ACTA. The
bond and the Federal loan are being retired by corridor use
fees and paid by the railroads. The funding breaks down roughly
like this: 46 percent from ACTA revenue bonds, 16 percent from
the U.S. DOT loan, 16 percent from the ports, 16 percent from
California's State and local grants, much of it administered by
the L.A. County Metropolitan Transportation Authority, and 6
percent from other sources.''
TEA-21 Reauthorization: Conditions and Performance of The Federal-Aid
Highway System, September 30, 2002
PANEL I
Hon. Senator Robert C. Byrd, West Virginia.
Senator Byrd discussed the Appalachian Developmental
Highway System. While significant progress has been made, there
is still 20 percent of the system to be completed. This last 20
percent will be the most costly due to the extreme
topographical conditions of the remaining segments. Senator
Byrd asked that the committee reauthorize the Appalachian
Development Highway System to fund the program at $4,467
billion. This would provide the funding necessary to complete
the remaining segments of the system as estimated by the
Appalachian Commission.
PANEL II
Hon. Mary Peters, Administrator, Federal Highway
Administration.
Mr. Joseph Perkins, Commissioner, Alaska Department of
Transportation and Public Facilities.
Ms. JayEtta Hecker, Director, Infrastructure Group at the
United States General Accounting Office.
In her testimony, Administrator Peters provided an overview
of the Federal Highway Administration's Condition and
Performance Report which assesses the physical condition and
operating characteristics of our nation's roads, bridges, and
transit systems. Administrator Peters provided some highlights
of the findings of the report. She highlighted that the
significant investments brought by TEA-21 has improved the
physical condition and safety of our roads, bridges, and
transit system. However, operational performance measured by
congestion-worsened throughout the country.
Mr. Perkins provided the committee with an overview of the
American Association of State Highway and Transportation
Officials ``Transportation Invest in America'' commonly
referred to as the ``Bottom Line'' report. Mr. Perkins made
four key points regarding the report. These are: (1) An annual
capital investment level of $92 billion by all levels of
government for highways and bridges is necessary to maintain
both the physical condition and performance of the system over
the next 20 years; (2) An annual capital investment of $125.6
billion by all levels of government for highways and bridges is
necessary to improve both the physical condition and
performance of the system over the next 20 years; (3) An annual
capital investment of $18.9 billion is required between 2004
and 2009 from all levels of government just to maintain the
existing physical condition and service performance of the
nation's transit systems; and (4) An annual capital investment
of $43.9 billion is required to improve the current physical
condition and service performance of the nation's transit
systems.
Ms. Hecker testified about the General Accounting Office's
examination of the challenges and strategies for enhancing
mobility. Her key findings were: (1) Congestion is beginning to
overwhelm the transportation system; (2) More work is needed to
ensure access to transportation for certain underserved
populations and to achieve a balance between enhancing mobility
and giving due regard to environmental and other social goals;
(4) There is no one solution for the mobility challenges facing
the Nation; and (5) There needs to be a broad range of
strategies to tackle our nation's mobility challenges. These
include focusing on the entire surface transportation system
regardless of mode, using a full range of techniques to achieve
mobility outcomes, and provide more options for financing
mobility improvement regardless of the mode.
PANEL III
Mr. Gordon Proctor, Director, Ohio Department of
Transportation.
Mr. Thomas Jackson, President, American Society of Civil
Engineers.
Dr. William Buechner, Vice-President of Economic and
Research for the American Road and Transportation Builders
Association.
Mr. Proctors's testified on the state of the highway
network in Ohio. Ohio is experiencing trends that reflect
conditions around the country. In the past 25 years, truck
volumes have increased 89 percent on the interstate highways.
Mr. Proctor recommended four ways to address the worsening
condition and performance of the nation's roadways: (1) basic
core highway programs should not be diluted because they are
the backbone for maintaining our highway system; (2) as the
interstates approach 50 years in age, do not treat them as
historical artifacts subject to historical preservation
requirements; (3) Congress needs to recognize that the Nation
needs to restore capacity at critical bottlenecks; and (4) a
national commission is needed to evaluate the future of our
interstate system.
Mr. Jackson's testimony highlighted the key findings of the
America Society of Civil Engineer's ``Report Card for America's
Infrastructure''. In 2001, ASCE gave the nation's
infrastructure a grade of ``D+''. Roads received a grade of
``D'', bridges ``C'' and transit ``C-''. These grades show
slight improvement from the first report card given by ASCE
before the reauthorization of TEA-21. Mr. Jackson recommended
that Congress use the following concepts to guide its
reauthorization process: (1) expand infrastructure investment;
(2) enhance the delivery of infrastructure; and (3) maximize
infrastructure
Dr. Buechner, discussed the reauthorization principles of
the American Road and Transportation Builders Association.
ARTBA would like to see implementation of its ``Two Cents Makes
Sense'' Proposal. Under this plan, revenues would be generated
to double the annual Federal investment in highways to $60
billion and mass transit-to almost $14 billion by fiscal year
2009.
Legislative History
Senators Inhofe, Jeffords, Bond and Reid introduced S.
1072, a bill to reauthorize the Federal-aid highway program, on
behalf of the Administration on May 15, 2003. In addition to
the hearings held in the 107th Congress, listed above, hearings
were held in the 108th Congress as follows: February 7, 2003,
on the Department of Transportation's highway budget for fiscal
year 2004; and three field hearings: held on April 7, 2003, in
Chicago, IL, on August 11, 2003 in Brownsville, TX, and on
August 14, 2003 in Medford, OR. A full committee business
meeting was held on November 12, 2003, and the bill was ordered
reported with an amendment in the nature of a substitute.
Rollcall Votes
The Senate Committee on Environment and Public Works met to
consider S. 1072 on November 12, 2003. During consideration of
the bill, the following amendments were agreed to by a voice
vote: the Managers' amendment; an amendment offered Senator
Crapo on rail grade crossings; an amendment offered by Senator
Wyden to allow all States the option of establishing a State
infrastructure bank.
Disagreed to by a voice vote: an amendment offered by
Senator Murkowski to focus the project development process on
major requirements of the National Environmental Policy Act; an
amendment offered by Senator Wyden to establish prioritization
of projects that receive funding from the national corridor
planning and development program; an amendment offered by
Senator Clinton to modify the multistate corridor program to
make all designated high priority corridors eligible for
funding; an amendment offered by Senator Clinton to establish a
research program to encourage transportation equity.
Amendments adopted by roll call vote: an amendment offered
by Senator Warner to modify the set-aside percentage for
Metropolitan Planning Organizations by a vote of 12 years, 7
nays. Voting in favor of the amendment were Senators Allard,
Baucus, Boxer, Carper, Chafee, Clinton, Cornyn, Graham,
Lieberman, Murkowski and Warner. Voting against the Warner
amendment were Senators Inhofe, Bond, Crapo, Jeffords, Reid,
Thomas and Voinovich. An amendment offered by Senator Warner to
establish a highway stormwater discharge mitigation program by
a vote of 10 yeas, 9 nays. Voting for the amendment were
Senators Allard, Baucus, Boxer, Carper, Chafee, Clinton,
Graham, Lieberman, Warner and Wyden. Voting against the
amendment were Senators Inhofe, Bond, Cornyn, Crapo, Jeffords,
Murkowski, Reid, Thomas, and Voinovich. An amendment offered by
Senator Murkowski to clarify that the study of ``thermal
collapse'' includes changes related to melting of permafrost by
a vote of 12 yeas, 6 nays, one not voting. Voting for the
Murkowski amendment were Allard, Baucus, Boxer, Carper,
Clinton, Crapo, Graham, Lieberman, Murkowski, Thomas, Voinovich
and Wyden. Voting against the amendment were Senators Inhofe,
Bond, Jeffords, Reid, and Warner. Not voting on the amendment
was Senator Cornyn. An amendment offered by Senator Carper to
clarify that the national surface transportation system study
should address passenger, as well as freight, rail conditions
and needs by a vote of 12 yeas, 7 nays. Voting for the Carper
amendment were Senators Baucus, Boxer, Carper, Chafee, Clinton,
Cornyn, Crapo, Graham, Lieberman, Thomas, Warner and Wyden.
Voting against the amendment were Senators Inhofe, Allard,
Bond, Jeffords, Murkowski, Reid and Voinovich. An amendment
offered by Senator Clinton to maintain the existing sub-
allocations of surface transportation program funds to areas of
a State by population and to the entire State by a vote of 10
yeas, 9 nays. Voting for the Clinton amendment were Senators
Baucus, Boxer, Carper, Chafee, Clinton, Graham, Lieberman,
Voinovich, Warner and Wyden. Voting against the amendment were
Senators Inhofe, Allard, Bond, Cornyn, Crapo, Jeffords,
Murkowski, Reid, and Thomas.
Amendments disagreed to by a roll call vote: an amendment
offered by Senator Clinton to combine the future of the
Federal-aid system study with the modified revenue source
commission by a vote of 8 ayes, 11 nays. Voting against the
amendment were Senators Inhofe, Allard, Bond, Carper, Chafee,
Crapo, Jeffords, Murkowski, Reid, Thomas and Voinovich. Voting
for the amendment were Senators Baucus, Boxer, Clinton, Cornyn,
Graham, Lieberman, Warner and Wyden. An amendment offered by
Senator Allard to provide State and local authorities the means
to eliminate congestion by a vote of 9 yeas, 10 nays. Voting
against the amendment were Senators Inhofe, Bond, Boxer,
Carper, Chafee, Clinton, Jeffords, Lieberman, Reid, and
Voinovich. Voting for the amendment were Senators Allard,
Baucus, Cornyn, Crapo, Graham, Murkowski, Thomas, Warner and
Wyden. An amendment offered by Senator Clinton to provide for a
border planning, operations, and technology program by a vote
of 6 yeas, 13 nays. Voting against the amendment were Senators
Inhofe, Allard, Bond, Carper, Chafee, Crapo, Jeffords,
Murkowski, Reid, Thomas, Voinovich, Warner and Wyden. Voting
for the amendment were Senators Baucus, Boxer, Clinton, Cornyn,
Graham and Lieberman.
The Committee disagree to a motion by Senator Graham to
further amend the bill by a of 4 yeas, 15 nays. Voting against
the Graham motion were Senators Inhofe, Allard, Bond, Boxer,
Carper, Chafee, Clinton, Cornyn, Crapo, Jeffords, Murkowski,
Reid, Thomas, Voinovich, and Warner.
The bill was ordered reported to the Senate, as amended by
a vote of 17 yeas, 2 nays. Voting to report the bill were
Senators Inhofe, Allard, Baucus, Bond, Boxer, Carper, Chafee,
Clinton, Cornyn, Crapo, Jeffords, Lieberman, Murkowski, Reid,
Thomas, Voinovich, and Warner. Voting nay were Senators Graham
and Wyden.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes the following
evaluation of the regulatory impact of the reported bill. The
regulatory impact of the reported bill is expected to be
minimal. This will not have any effect on the personal privacy
of individuals.
Other than current regulations and those regulations
affecting the eligibility and use of funds provided in this
bill, the provisions having a regulatory impact of significance
are sections 1408, 1513, 1514, 1615, 1618, and 1619. Section
1408 directs the Secretary to promulgate regulations requiring
workers near a Federal-aid highway to wear high-visibility
clothing, and to require any other worker-safety measures that
the Secretary deems necessary to minimize worker injuries and
maintain the free flow of vehicular traffic.
Section 1513 establishes a pilot program for not more than
five States to assume the Secretary's responsibility for
environmental review for a project. A State wishing to
participate in the pilot must submit a detailed application.
This section includes minimum application requirements and a
directive to the Secretary to promulgate, within 270 days of
enactment, regulations establishing complete application
requirements consistent with the section.
Section 1514 directs the Secretary of Transportation to
promulgate, within 1 year of enactment, regulations necessary
to implement the transportation planning provisions in sections
1501-5 and the project delivery provisions in sections 1511-13.
These provisions call for enhanced consideration of
environmental concerns during the planning process and
establish a process for completing the environmental review
process faster and more efficiently.
Section 1615 directs the Secretary of Transportation
promulgate regulations, within 18 months, adjusting the
application of the latest travel models. The new regulations
must ensure that travel models can account for the effects of
the most recent population, economic, employment, travel,
transit ridership, congestion, and induced travel demand.
Section 1618 directs the Administrator of the EPA to
promulgate proposed regulations by March 1, 2005 and final
regulations within 1 year, governing the handling of air
quality monitoring data influenced by exceptional events. These
regulations will allow Governors to petition EPA to exclude air
quality data directly due to exceptional events such as forest
fires or volcanic eruptions.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1072 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments. All of its governmental
directives are imposed on Federal agencies. The bill does not
directly impose any private sector mandates.
Cost of Legislation
A cost estimate has been requested from the Congressional
Budget Office, but it was not received at the filing date of
the report. The information will be printed in the
Congressional Record when it becomes available.
MINORITY VIEWS OF SENATOR GRAHAM
Since I began my service in the U.S. Senate in 1987, I have
had the honor and privilege to serve on the Environment and
Public Works Committee. Increasing investment in our nation's
infrastructure through our surface transportation policy has
long been a top priority for me. Transportation is an integral
part of every American's daily life and Federal investments in
transportation infrastructure increase our economic vitality
and international competitiveness.
I am concerned that this legislation fails to authorize a
level of spending to maintain the condition of our existing
infrastructure, reduce the backlog of deferred maintenance, and
begin to improve the condition and performance of the system.
Additionally, I remain strongly opposed to the approval of
legislation that authorizes nearly $255 billion over the next 6
years without a full disclosure of how those funds would be
distributed to the States. As a member of the committee, our
direct responsibility is to deliberately study and debate all
aspects of legislation before us. With regard to this
legislation, members of the EPW Committee simply did not have
that option. The legislation was developed behind closed doors,
without full input from committee members; and the most vital
section of the bill, the allocation of funds to the States, has
been left blank.
Importance of Funding Infrastructure Needs
By approving the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 (SAFETEA), this committee
continues a disturbing trend of short changing the surface
transportation system in America. The American Association of
State Highway Transportation Officials (AASHTO) estimates that
the cost of just maintaining the system at its current level of
congestion and repair would require investments of
approximately $92 billion a year by Federal, State and local
governments. Although SAFETEA may get close to the Federal
portion of this estimate, we must go beyond to not just
maintain the current system, but address new capacity needs.
AASHTO estimates that enhancing the system by reducing
congestion and adding new capacity will require an annual
investment level of $126 billion a year an additional $34
billion above the $92 billion level to maintain current
conditions.
In addition, we must address the deferred maintenance,
which has accumulated over the years of under investing in the
system. The United States Department of Transportation
estimated a backlog totaling $271 billion for highways and $55
billion for bridges a total of $326 billion in 2000. AASHTO
estimates by 2004 that backlog could grow as high as $400
billion.
The backlog even more clearly represents the consequences
of under investing. How many lives have been lost? How much
time with family has been lost? How much economic prosperity
and competitiveness have been lost, due to under investment in
our nation's infrastructure?
We, as a Congress, need to carefully weigh the consequences
of this chronic under-funding of a basic part of our national
infrastructure. In passing this legislation, we are not
guaranteeing that at the end of this 6 year process, the system
will be better than it is today; in fact, we are guaranteeing
it will be worse.
We need to be more creative in using the funds we do have
so we can stretch them as far as possible. For example,
innovative financing techniques, such as tolling, the
Transportation Infrastructure Finance and Innovation Act
(TIFIA) and the State Infrastructure Bank program (SIBs) are a
good start. I am pleased these options will continue to be
available to our States and localities to help supplement
traditional grant funds. Additionally, we have to continue to
develop new ways to make Federal dollars, in combination with
private funds and alternative sources of revenue, as efficient
as possible.
There has been much discussion over the last few months
about United States trade policy and how the United States can
compete in the global economy with a dramatically higher wage
rate and standard of living than most of the rest of the world.
It is going to be difficult, but two investments that are
critical to our ability to be globally competitive, include
significant investment in our infrastructure, particularly
transportation, as well as a major investment in education and
job training so we can continue to be the most efficient
economy with the best trained and the most productive work
force.
We are losing billions of dollars a year of productivity
because of congestion. According to the Texas Transportation
Institute, congestion adds an additional one and one half work
weeks to Americans' yearly commute, costing our economy over
$69 billion.
We need to focus the discussion on what solutions we are
doing to ensure that this fundamental part of our economy and
what can be done to maintain a level of efficiency that will
allow the United States to compete in the world. If we are not
satisfied that this legislation will move us in this direction,
what are the options before us to try to get closer to those
goals?
Lack of Information
When the EPW committee debated the Senate version of the
Transportation Equity Act for the 21st Century (TEA-21) in
September 1997, the legislation, S. 1173, contained not only
policy changes for the nation's surface transportation program,
but also the basis for the distribution of the apportioned
funds authorized in the bill. At the mark-up of SAFETEA on
November 12, 2003, there was tremendous confusion among members
of the committee and the United States Department of
Transportation as to whether S. 1173 included a formula. For
the record, section 1102 of S. 1173, as voted on and reported
by the EPW committee, pages 8 39, contains the State by State
distribution formulas for: Interstate and National Highway
System Program, Congestion Mitigation and Air Quality Program,
and Surface Transportation Program; and the ``equity
calculations'' including ISTEA Transition and Minimum
Guarantee. The section appears as follows:
ATTACHMENT (S. 1173 SECTION 1102, INCLUDING NEW SECTION 105 MINIMUM
GUARANTEE)
* * * * * * *
SEC. 1102. APPORTIONMENTS.
(a) In General.--Section 104 of title 23, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-asides authorized by subsection (f),
shall apportion the remainder of the sums authorized to be
appropriated for expenditure on the National Highway System,
the congestion mitigation and air quality improvement program,
and the surface transportation program, for that fiscal year,
among the States in the following manner:
``(1) Interstate and national highway system
program.--
``(A) Interstate maintenance component.--
For resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
``(i) 50 percent in the ratio
that--
``(I) the total lane miles
on Interstate System routes
designated under--
``(aa) section 103;
``(bb) section
139(a) before March 9,
1984 (other than routes
on toll roads not
subject to a
Secretarial agreement
under section 105 of
the Federal-Aid Highway
Act of 1978 (92 Stat.
2692)); and
``(cc) section
139(c) (as in effect on
the day before the date
of enactment of the
Intermodal Surface
Transportation
Efficiency Act of
1997);
in each State; bears to
``(II) the total of all
such lane miles in all States;
and
``(ii) 50 percent in the ratio
that--
``(I) the total vehicle
miles traveled on lanes on
Interstate System routes
designated under--
``(aa) section 103;
``(bb) section
139(a) before March 9,
1984 (other than routes
on toll roads not
subject to a
Secretarial agreement
under section 105 of
the Federal-Aid Highway
Act of 1978 (92 Stat.
2692)); and
``(cc) section
139(c) (as in effect on
the day before the date
of enactment of the
Intermodal Surface
Transportation
Efficiency Act of
1997);
in each State; bears to
``(II) the total of all
such vehicle miles traveled in
all States.
``(B) Interstate bridge component.--For
resurfacing, restoring, rehabilitating, and
reconstructing bridges on the Interstate
System, in the ratio that--
``(i) the total square footage of
structurally deficient and functionally
obsolete bridges on the Interstate
System (other than bridges on toll
roads not subject to a Secretarial
agreement under section 105 of the
Federal-Aid Highway Act of 1978 (92
Stat. 2692)) in each State; bears to
``(ii) the total square footage of
structurally deficient and functionally
obsolete bridges on the Interstate
System (other than bridges on toll
roads not subject to a Secretarial
agreement under section 105 of the
Federal-Aid Highway Act of 1978 (92
Stat. 2692)) in all States.
``(C) Other national highway system
component.--
``(i) In general.--For the National
Highway System (excluding activities
for which funds are apportioned under
subparagraph (A) or (B)), $36,400,000
for each fiscal year to the Virgin
Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana
Islands and the remainder apportioned
as follows:
``(I) 20 percent of the
apportionments in the ratio
that--
``(aa) the total
lane miles of principal
arterial routes
(excluding Interstate
System routes) in each
State; bears to
``(bb) the total
lane miles of principal
arterial routes
(excluding Interstate
System routes) in all
States.
``(II) 29 percent of the
apportionments in the ratio
that--
``(aa) the total
vehicle miles traveled
on lanes on principal
arterial routes
(excluding Interstate
System routes) in each
State; bears to
``(bb) the total
vehicle miles traveled
on lanes on principal
arterial routes
(excluding Interstate
System routes) in all
States.
``(III) 18 percent of the
apportionments in the ratio
that--
``(aa) the total
square footage of
structurally deficient
and functionally
obsolete bridges on
principal arterial
routes (excluding
bridges on Interstate
System routes (other
than bridges on toll
roads not subject to a
Secretarial agreement
under section 105 of
the Federal-Aid Highway
Act of 1978 (92 Stat.
2692))) in each State;
bears to
``(bb) the total
square footage of
structurally deficient
and functionally
obsolete bridges on
principal arterial
routes (excluding
bridges on Interstate
System routes (other
than bridges on toll
roads not subject to a
Secretarial agreement
under section 105 of
the Federal-Aid Highway
Act of 1978 (92 Stat.
2692))) in all States.
``(IV) 24 percent of the
apportionments in the ratio
that--
``(aa) the total
diesel fuel used on
highways in each State;
bears to
``(bb) the total
diesel fuel used on
highways in all States.
``(V) 9 percent of the
apportionments in the ratio
that--
``(aa) the quotient
obtained by dividing
the total lane miles on
principal arterial
highways in each State
by the total population
of the State; bears to
``(bb) the quotient
obtained by dividing
the total lane miles on
principal arterial
highways in all States
by the total population
of all States.
``(ii) Data.--Each calculation
under clause (i) shall be based on the
latest available data.
``(D) Minimum apportionment.--
Notwithstanding subparagraphs (A) through (C),
each State shall receive a minimum of \1/2\ of
1 percent of the funds apportioned under this
paragraph.
``(2) Congestion mitigation and air quality
improvement program.--
``(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
``(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
``(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
``(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for the purpose of
subparagraph (A), the weighted nonattainment
and maintenance area population shall be
calculated by multiplying the population of
each area in a State that was a nonattainment
area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by
a factor of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a
maintenance area; or
``(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
that Act; or the Clean Air Act
(42 U.S.C. 7401 et seq.);
``(III) as of the date of
enactment of the Intermodal
Transportation Act of 1997, the
area is considered by the
Administrator of the
Environmental Protection Agency
to be a flexible attainment
region;
``(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
undersubpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under that subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under that subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under that subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under that subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of that Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide.
``(C) Additional adjustment for carbon
monoxide areas.--
``(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, 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 described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
``(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time 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 described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--
Notwithstanding any other provision of this
paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned
under this paragraph.
``(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface
transportation program, in accordance with the
following formula:
``(i) 20 percent of the
apportionments in the ratio that--
``(I) the total lane miles
of Federal-aid highways in each
State; bears to
``(II) the total lane miles
of Federal-aid highways in all
States.
``(ii) 30 percent of the
apportionments in the ratio that--
``(I) the total vehicle
miles traveled on lanes on
Federal-aid highways in each
State; bears to
``(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
``(iii) 25 percent of the
apportionments in the ratio that--
``(I) the total square
footage of structurally
deficient and functionally
obsolete bridges on Federal-aid
highways (excluding bridges
described in subparagraphs (B)
and (C)(i)(III) of paragraph
(1)) in each State; bears to
``(II) the total square
footage of structurally
deficient and functionally
obsolete bridges on Federal-aid
highways (excluding bridges
described in subparagraphs (B)
and (C)(i)(III) of paragraph
(1)) in all States.
``(iv) 25 percent of the
apportionments in the ratio that--
``(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
``(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
``(B) Data.--Each calculation under
subparagraph (A) shall be based on the latest
available data.
``(C) Minimum apportionment.--
Notwithstanding subparagraph (A), each State
shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this
paragraph.''.
(b) Effect of Certain Amendments.--Section 104 of title 23,
United States Code, is amended by striking subsection (h) and
inserting the following:
``(h) Effect of Certain Amendments.--Notwithstanding any
other provision of law, deposits into the Highway Trust Fund
resulting from the amendments made by section 901 of the
Taxpayer Relief Act of 1997 shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive under the Intermodal Surface
Transportation Efficiency Act of 1997 and this title 23, United
States Code.''.
(c) ISTEA Transition.--
(1) In general.--For each of fiscal years 1998
through 2003, the Secretary shall determine, with
respect to each State--
(A) the total apportionments for the fiscal
year under section 104 of title 23, United
States Code, for the Interstate and National
Highway System program, the surface
transportation program, metropolitan planning,
and the congestion mitigation and air quality
improvement program;
(B) the annual average of the total
apportionments during the period of fiscal
years 1992 through 1997 for all Federal-aid
highway programs (as defined in section 101 of
title 23, United States Code), excluding
apportionments for the Federal lands highways
program under section 204 of that title;
(C) the annual average of the total
apportionments during the period of fiscal
years 1992 through 1997 for all Federal-aid
highway programs (as defined in section 101 of
title 23, United States Code), excluding--
(i) apportionments authorized under
section 104 of that title for
construction of the Interstate System;
(ii) apportionments for the
Interstate substitute program under
section 103(e)(4) of that title (as in
effect on the day before the date of
enactment of this Act);
(iii) apportionments for the
Federal lands highways program under
section 204 of that title; and
(iv) adjustments to sums
apportioned under section 104 of that
title due to the hold harmless
adjustment under section 1015(a) of the
Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 104
note; 105 Stat. 1943);
(D) the product obtained by multiplying--
(i) the annual average of the total
apportionments determined under
subparagraph (B); by
(ii) the applicable percentage
determined under paragraph (2); and
(E) the product obtained by multiplying--
(i) the annual average of the total
apportionments determined under
subparagraph (C); by
(ii) the applicable percentage
determined under paragraph (2).
(2) Applicable percentages.--
(A) Fiscal year 1998.--For fiscal year
1998--
(i) the applicable percentage
referred to in paragraph (1)(D)(ii)
shall be 145 percent; and
(ii) the applicable percentage
referred to in paragraph (1)(E)(ii)
shall be 107 percent.
(B) Fiscal years thereafter.--For each of
fiscal years 1999 through 2003, the applicable
percentage referred to in paragraph (1)(D)(ii)
or (1)(E)(ii), respectively, shall be a percentage
equal to the product obtained by multiplying--
(i) the percentage specified in
clause (i) or (ii), respectively, of
subparagraph (A); by
(ii) the percentage that--
(I) the total contract
authority made available under
this Act and title 23, United
States Code, for Federal-aid
highway programs for the fiscal
year; bears to
(II) the total contract
authority made available under
this Act and title 23, United
States Code, for Federal-aid
highway programs for fiscal
year 1998.
(3) Maximum transition.--
(A) In general.--For each of fiscal years
1998 through 2003, in the case of each State
with respect to which the total apportionments
determined under paragraph (1)(A) is greater
than the product determined under paragraph
(1)(D), the Secretary shall reduce
proportionately the apportionments to the State
under section 104 of title 23, United States
Code, for the National Highway System component
of the Interstate and National Highway System
program, the surface transportation program,
and the congestion mitigation and air quality
improvement program so that the total of the
apportionments is equal to the product
determined under paragraph (1)(D).
(B) Redistribution of funds.--
(i) In general.--Subject to clause
(ii), funds made available under
subparagraph (A) shall be redistributed
proportionately under section 104 of
title 23, United States Code, for the
Interstate and National Highway System
program, the surface transportation
program, and the congestion mitigation
and air quality improvement program, to
States not subject to a reduction under
subparagraph (A).
(ii) Limitation.--The ratio that--
(I) the total
apportionments to a State under
section 104 of title 23, United
States Code, for the Interstate
and National Highway System
program, the surface
transportation program,
metropolitan planning, and the
congestion mitigation and air
quality improvement program,
after the application of clause
(i); bears to
(II) the annual average of
the total apportionments
determined under paragraph
(1)(B) with respect to the
State;
may not exceed, in the case of fiscal
year 1998, 145 percent, and, in the
case of each of fiscal years 1999
through 2003, 145 percent as adjusted
in the manner described in paragraph
(2)(B).
(4) Minimum transition.--
(A) In general.--For each of fiscal years
1998 through 2003, the Secretary shall
apportion to each State such additional amounts
as are necessary to ensure that--
(i) the total apportionments to the
State under section 104 of title 23,
United States Code, for the Interstate
and National Highway System program,
the surface transportation program,
metropolitan planning, and the
congestion mitigation and air quality
improvement program, after the
application of paragraph (3); is equal
to
(ii) the greater of--
(I) the product determined
with respect to the State under
paragraph (1)(E); or
(II) the total
apportionments to the State for
fiscal year 1997 for all
Federal-aid highway programs,
excluding--
(aa) apportionments
for the Federal lands
highways program under
section 204 of title
23, United States Code;
(bb) adjustments to
sums apportioned under
section 104 of that
title due to the hold
harmless adjustment
under section 1015(a)
of the Intermodal
Surface Transportation
Efficiency Act of 1991
(23 U.S.C. 104 note;
105 Stat. 1943); and
(cc) demonstration
projects under the
Intermodal Surface
Transportation Efficiency
Act of 1991 (Public Law
102-240).
(B) Obligation.--Amounts apportioned under
subparagraph (A)--
(i) shall be considered to be sums
made available for expenditure on the
surface transportation program, except
that--
(I) the amounts shall not
be subject to paragraphs (1)
and (2) of section 133(d) of
title 23, United States Code;
and
(II) 50 percent of the
amounts shall be subject to
section 133(d)(3) of that
title;
(ii) shall be available for any
purpose eligible for funding under
section 133 of that title; and
(iii) shall remain available for
obligation for a period of 3 years
after the last day of the fiscal year
for which the amounts are apportioned.
(C) Authorization of contract authority.--
(i) In general.--There shall be
available from the Highway Trust Fund
(other than the Mass Transit Account)
such sums as are necessary to carry out
this paragraph.
(ii) Contract authority.--Funds
authorized under this subparagraph
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) Minimum Guarantee.--
(1) In general.--Section 105 of title 23, United
States Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) Adjustment.--
``(1) In general.--In fiscal year 1998 and each
fiscal year thereafter on October 1, or as soon as
practicable thereafter, the Secretary shall allocate
among the States amounts sufficient to ensure that--
``(A) the ratio that--
``(i) each State's percentage of
the total apportionments for the fiscal
year--
``(I) under section 104 for
the Interstate and National
Highway System program, the
surface transportation program,
metropolitan planning, and the
congestion mitigation and air
quality improvement program;
and
``(II) under this section
and section 1102(c) of the
Intermodal Surface
Transportation Efficiency Act
of 1997 for ISTEA transition;
bears to
``(ii) each State's percentage of
estimated tax payments attributable to
highway users in the State paid into
the Highway Trust Fund (other than the
Mass Transit Account) in the latest
fiscal year for which data are
available;
is not less than 0.90; and
``(B) in the case of a State specified in
paragraph (2), the State's percentage of the
total apportionments for the fiscal year
described in subclauses (I) and (II) of
subparagraph (A)(i) is--
``(i) not less than the percentage
specified for the State in paragraph
(2); but
``(ii) not greater than the product
determined for the State under section
1102(c)(1)(D) of the Intermodal Surface
Transportation Efficiency Act of 1997
for the fiscal year.
``(2) State percentages.--The percentage referred
to in paragraph (1)(B) for a specified State shall be
determined in accordance with the following table:
``State Percentage
Alaska.................................... 1.24
Arkansas.................................. 1.33
Delaware.................................. 0.47
Hawaii.................................... 0.55
Idaho..................................... 0.82
Montana................................... 1.06
Nevada.................................... 0.73
New Hampshire............................. 0.52
New Jersey................................ 2.41
New Mexico................................ 1.05
North Dakota.............................. 0.73
Rhode Island.............................. 0.58
South Dakota.............................. 0.78
Vermont................................... 0.47
Wyoming................................... 0.76.
``(b) Treatment of Allocations.--
``(1) Obligation.--Amounts allocated under
subsection (a)--
``(A) shall be available for obligation
when allocated and shall remain available for
obligation for a period of 3 years after the
last day of the fiscal year for which the
amounts are allocated; and
``(B) shall be available for any purpose
eligible for funding under this title.
``(2) Set-aside.--Fifty percent of the amounts
allocated under subsection (a) shall be subject to
section 133(d)(3).
``(c) Treatment of Withheld Apportionments.--For the
purpose of subsection (a), any funds that, but for section
158(b) or any other provision of law under which Federal-aid
highway funds are withheld from apportionment, would be
apportioned to a State for a fiscal year under a section
referred to in subsection (a) shall be treated as being
apportioned in that fiscal year.
``(d) Authorization of Contract Authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) such sums as are necessary to carry out this
section.''.
(2) Conforming amendment.--The analysis for chapter
1 of title 23, United States Code, is amended by
striking the item relating to section 105 and inserting
the following:
``105. Minimum guarantee.''.
(e) Audits of Highway Trust Fund.--Section 104 of title 23,
United States Code, is amended by striking subsection (i) and
inserting the following:
``(i) Audits of Highway Trust Fund.--From available
administrative funds deducted 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.''.
(f) Technical Amendments.--Section 104 of title 23, United
States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``Notification to
States.--'' after ``(e)'';
(B) in the first sentence--
(i) by striking ``(other than under
subsection (b)(5) of this section)'';
and
(ii) by striking ``and research'';
(C) by striking the second sentence; and
(D) in the last sentence, by striking ``,
except that'' and all that follows through
``such funds''; and
(2) in subsection (f)--
(A) by striking ``(f)(1) On'' and inserting
the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(B) by striking ``(2) These'' and inserting
the following:
``(2) Apportionment to states of set-aside funds.--
These'';
(C) by striking ``(3) The'' and inserting
the following:
``(3) Use of funds.--The''; and
(D) by striking ``(4) The'' and inserting
the following:
``(4) Distribution of funds within states.--The''.
(g) Conforming Amendments.--
(1) Section 146(a) of title 23, United States Code,
is amended in the first sentence by striking ``,
104(b)(2), and 104(b)(6)'' and inserting ``and
104(b)(2)''.
(2)(A) Section 150 of title 23, United States Code,
is repealed.
(B) The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating
to section 150.
(3) Section 158 of title 23, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1) (as so
redesignated)--
(I) by striking ``After the
first year'' and inserting ``In
general''; and
(II) by striking ``,
104(b)(2), 104(b)(5), and
104(b)(6)'' and inserting ``and
104(b)(2)''; and
(iv) in paragraph (2) (as
redesignated by clause (ii)), by
striking ``paragraphs (1) and (2) of
this subsection'' and inserting
``paragraph (1)''; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment to any State after
September 30, 1988, shall be available for apportionment to
that State.''.
(4)(A) Section 157 of title 23, United States Code,
is repealed.
(B) The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating
to section 157.
(5)(A) Section 115(b)(1) of title 23, United States
Code, is amended by striking ``or 104(b)(5), as the
case may be,''.
(B) Section 137(f)(1) of title 23, United States
Code, is amended by striking ``section 104(b)(5)(B) of
this title'' and inserting ``section 104(b)(1)(A)''.
(C) Section 141(c) of title 23, United States Code,
is amended by striking ``section 104(b)(5) of this
title'' each place it appears and inserting ``section
104(b)(1)(A)''.
(D) Section 142(c) of title 23, United States Code,
is amended by striking ``(other than section
104(b)(5)(A))''.
(E) Section 159 of title 23, United States Code, is
amended--
(i) by striking ``(5) of'' each place it
appears and inserting ``(5) (as in effect on
the day before the date of enactment of the
Intermodal Surface Transportation Efficiency
Act of 1997) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and
(3)(A), by striking ``section
104(b)(5)(A)'' each place it appears
and inserting ``section 104(b)(5)(A)
(as in effect on the day before the
date of enactment of the Intermodal
Surface Transportation Efficiency Act
of 1997)'';
(II) in paragraph (1)(A)(ii), by
striking ``section 104(b)(5)(B)'' and
inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of
enactment of the Intermodal Surface
Transportation Efficiency Act of
1997)'';
(III) in paragraph (3)(B), by
striking ``(5)(B)'' and inserting
``(5)(B) (as in effect on the day
before the date of enactment of the
Intermodal Surface Transportation
Efficiency Act of 1997)''; and
(IV) in paragraphs (3) (B) and (4),
by striking ``section 104(b)(5)'' each
place it appears and inserting
``section 104(b)(5) (as in effect on
the day before the date of enactment of
the Intermodal Surface Transportation
Efficiency Act of 1997)''.
(F) Section 161(a) of title 23, United States Code,
is amended by striking ``paragraphs (1), (3), and
(5)(B) of section 104(b)'' each place it appears and
inserting ``paragraphs (1) and (3) of section 104(b)''.
(6)(A) Section 104(g) of title 23, United States
Code, is amended--
(i) in the first sentence, by striking
``sections 130, 144, and 152 of this title''
and inserting ``subsection (b)(1)(B) and
sections 130 and 152'';
(ii) in the first and second sentences--
(I) by striking ``section'' and
inserting ``provision''; and
(II) by striking ``such sections''
and inserting ``those provisions''; and
(iii) in the third sentence--
(I) by striking ``section 144'' and
inserting ``subsection (b)(1)(B)''; and
(II) by striking ``subsection
(b)(1)'' and inserting ``subsection
(b)(1)(C)''.
(B) Section 115 of title 23, United States Code, is
amended--
(i) in subsection (a)(1)(A)(i), by striking
``104(b)(2), 104(b)(3), 104(f), 144,'' and
inserting ``104(b)(1)(B), 104(b)(2), 104(b)(3),
104(f),''; and
(ii) in subsection (c), by striking
``144,,''.
(C) Section 120(e) of title 23, United States Code,
is amended in the last sentence by striking ``and in
section 144 of this title''.
(D) Section 151(d) of title 23, United States Code,
is amended by striking ``section 104(a), section
307(a), and section 144 of this title'' and inserting
``subsections (a) and (b)(1)(B) of section 104 and
section 307(a)''.
(E) Section 204(c) of title 23, United States Code,
is amended in the first sentence by striking ``or
section 144 of this title''.
(F) Section 303(g) of title 23, United States Code,
is amended by striking ``section 144 of this title''
and inserting ``section 104(b)(1)(B)''.
* * * * * * *
During the SAFETEA proceedings, I requested that the EPW
staff deliver an analysis to members of the committee that
contained the formula, including the percentage and absolute
dollar change by State between TEA-21 and SAFETEA. The Chairman
objected to this request. Later in the proceedings, I requested
the Chairman conduct a public business meeting of the committee
to consider the formula portions of the SAFETEA bill and allow
for debate and amendment. This request was also rejected. Last,
I requested that the relevant section of S. 1173 relating to
the formula be inserted into the record of the business
meeting. Again, there was an objection.
The distribution of funds to the States has long been a
point of debate and contention in this committee and the
Congress as a whole. My State, Florida, is a donor State. This
means for every dollar of gasoline taxes collected from
citizens in the State of Florida, roughly 86 cents is returned
to Florida for transportation spending. Many other States in
the Nation are also donor States, including the home States of
both the Chairman of the full EPW committee and Chairman of the
Transportation and Infrastructure Subcommittee. For many years,
we have been fighting side by side to improve the rate of
return for the donor States.
When the Intermodal Surface Transportation Efficiency Act
(ISTEA) was considered in 1991, I was concerned the formulas in
ISTEA and all of the ``equity'' categories would not actually
achieve the donor State goal of a 90 percent rate of return,
even though the sponsor assured us it would. I, unfortunately,
was correct--the rate of return for donor States sunk way below
the promise of 90 percent, with my State receiving only a 79
percent rate of return.
When developing TEA-21 in 1997, it was again vital for the
donor States to not only increase our rate of return but to
streamline the mechanism for achieving the goal. The donor
States set out to achieve a true 95 percent rate of return, but
ultimately agreed to 90.5 percent due to the amount of funding
available for the legislation. We did however; change the way
the new ``Minimum Guarantee'' was calculated so that each State
has received a 90.5 percent rate of return on funds apportioned
to the States. However, my State and many donor States, still
receive less than 90.5 cents on the dollar. 90.5 is only a
guarantee of roughly 90 percent of the total TEA-21 program.
The remaining discretionary funds have been distributed by the
Secretary and earmarked by Congress, essentially diluting our
guarantee to 86 cents on the dollar.
This is why not only are the actual State percentages and
dollar amounts important to donor States, but also why the
methodology by which the formula is calculated is even more
vital. Once again, the donor States are working to achieve a 95
percent rate of return. The Ranking Member has assured me that
my State will achieve this long fought goal of 95 percent rate
of return by the end of SAFETEA in 2009. However, since I have
not been able to read and analyze any of the formula
calculations, I am not sure how we will get there. I have
numerous questions about the formula, which I demand to have
answered in January of 2004. How is the equity bonus
calculated? What is the scope of the equity bonus? Is there
enough revenue in SAFETEA to actually pay for a 95 percent rate
of return? The Chairman informed members at the November 12
business meeting that all of the numbers would be revealed on
the day of the President's State of the Union address. However,
there will not be a mark-up of the formula sections; they will
be added to the SAFETEA legislation as an amendment on the
Senate floor.
The EPW committee should have an open mark-up of these
provisions, so members of the committee have the opportunity to
debate and amend the formula. That is our right and our
responsibility as committee members. Once we proceed to the
Senate floor, we will have less control over the situation and
lack the expertise expected by our colleagues as members of the
full committee to prepare for debate and possible amendment.
Many of the policies in SAFETEA will greatly benefit the
traveling public. The committee has constructed a piece of
legislation that is intermodal and focuses attention on
pressing issues, such as congestion and environmental
protection. However, I remain concerned that we are not
investing enough in our nation's infrastructure and are again
missing an opportunity to have a lasting impact on America's
global competitiveness. Additionally, I will continue to object
to the hurried, secret manner of the development of SAFETEA and
hope to continue working with the Chairman and Ranking Member
to make this process as open and positive as possible. We all
share a common goal of greater investment in our nation's
surface transportation program to help saves lives, reduce
congestion, protect the environment and increase economic
efficiency. With the gas tank insufficiently filled and the
maps to guide us missing, this legislation does not put our
nation on the right road to achieving these objectives.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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 italic, 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
2. Other Highways............................................. 201
3. General Provisions......................................... 301
4. Highway Safety............................................. 401
5. Research and Technology.................................... 501
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec.
101. Definitions and declaration of policy.
102. Program efficiencies.
103. Federal-aid systems.
104. Apportionment.
105. Minimum guarantee.
106. Project approval and oversight.
107. Acquisition of rights-of-way--Interstate System.
108. Advance acquisition of real property.
109. Standards.
110. Revenue aligned budget authority.
111. Agreements relating to use of and access to rights-of-way--
Interstate System.
112. Letting of contracts.
113. Prevailing rate of wage.
114. Construction.
115. Advance construction.
116. Maintenance.
117. High priority projects program.
118. Availability of funds.
119. Interstate maintenance program.
120. Federal share payable.
121. Payment to States for construction.
122. Payments to States for bond and other debt instrument financing.
123. Relocation of utility facilities.
124. Advances to States.
125. Emergency relief.
126. Uniform transferability of Federal-aid highway funds.
127. Vehicle weight limitations--Interstate System.
128. Public hearings.
129. Toll roads, bridges, tunnels, and ferries.
130. Railway-highway crossings.
131. Control of outdoor advertising.
132. Payments on Federal-aid projects undertaken by a Federal agency.
133. Surface transportation program.
134. Metropolitan planning.
135. Statewide planning.
136. Control of junkyards.
137. Fringe and corridor parking facilities.
138. Preservation of parklands.
[139. [Repealed]]
139. Infrastructure performance and maintenance program.
140. Nondiscrimination.
141. Enforcement of requirements.
142. Public transportation.
143. Highway use tax evasion projects.
[144. Highway bridge replacement and rehabilitation program.]
144. Highway bridge program.
145. Federal-State relationship.
146. Carpool and vanpool projects.
[147. Priority primary routes.]
147. Construction of ferry boats and ferry terminal facilities.
[148. Development of a national scenic and recreational highway.]
148. Highway safety improvement program.
149. Congestion mitigation and air quality improvement program.
[150. [Repealed]]
150. Safe routes to school program.
151. National bridge inspection program.
[152. Hazard elimination program.]
152. Purchases of equipment.
153. Use of safety belts and motorcycle helmets.
154. Open container requirements.
[155. Access highways to public recreation areas on certain lakes.]
155. State habitat, streams, and wetlands mitigation funds.
156. Proceeds from the sale or lease of real property.
157. Safety incentive grants for use of seat belts.
158. National minimum drinking age.
159. Revocation or suspension of drivers' licenses of individuals
convicted of drug offenses.
160. Reimbursement for segments of the Interstate System constructed
without Federal assistance.
161. Operation of motor vehicles by intoxicated minors.
162. National scenic byways program.
163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.
164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
165. Eligibility for environmental restoration and pollution abatement.
166. Control of invasive plant species and establishment of native
species.
167. Highway stormwater discharge mitigation program.
168. Transportation systems management and operations.
169. Real-time system management information program.
170. Appalachian development highway system.
171. Multistate corridor program.
172. Border planning, operations, and technology program.
173. Puerto Rico highway program.
174. National historic covered bridge preservation.
175. Transportation and community and system preservation pilot program.
SUBCHAPTER II--INFRASTRUCTURE FINANCE
181. Definitions.
182. Determination of eligibility and project selection.
183. Secured loans.
184. Lines of credit.
[185. Project servicing.]
185. Program administration.
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) Apportionment.--The term ``apportionment''
includes unexpended apportionments made under prior
authorization laws.
[(2) Carpool project.--The term ``carpool project''
means any project to encourage the use of carpools and
vanpools, including provision of carpooling
opportunities to the elderly and individuals with
disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway
lanes as preferential carpool highway lanes, providing
related traffic control devices, and designating
existing facilities for use for preferential parking
for carpools.
[(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) locating, surveying, and mapping
(including the establishment of temporary and
permanent geodetic markers in accordance with
specifications of the National Oceanic and
Atmospheric Administration of the Department of
Commerce);
[(B) resurfacing, restoration, and
rehabilitation;
[(C) acquisition of rights-of-way;
[(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
[(E) elimination of hazards of railway
grade crossings;
[(F) elimination of roadside obstacles;
[(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.
[(4) County.--The term ``county'' includes
corresponding units of government under any other name
in States that do not have county organizations and, in
those States in which the county government does not
have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
[(5) Federal-aid highway.--The term ``Federal-aid
highway'' means a highway eligible for assistance under
this chapter other than a highway classified as a local
road or rural minor collector.
[(6) Federal-aid system.--The term ``Federal-aid
system'' means any of the Federal-aid highway systems
described in section 103.
[(7) Federal lands highway.--The term ``Federal
lands highway'' means a forest highway, public lands
highway, park road, parkway, refuge road, and Indian
reservation road that is a public road.
[(8) Forest development roads and trails.--The term
``forest development roads and trails'' means forest
roads and trails under the jurisdiction of the Forest
Service.
[(9) Forest highway.--The term ``forest highway''
means a forest road under the jurisdiction of, and
maintained by, a public authority and open to public
travel.
[(10) Forest road or trail.--The term ``forest road
or trail'' means a road or trail wholly or partly
within, or adjacent to, and serving the National Forest
System that is necessary for the protection,
administration, and utilization of the National Forest
System and the use and development of its resources.
[(11) Highway.--The term ``highway'' includes--
[(A) a road, street, and parkway;
[(B) a right-of-way, bridge, railroad-
highway crossing, tunnel, drainage structure,
sign, guardrail, and protective structure, in
connection with a highway; and
[(C) a portion of any interstate or
international bridge or tunnel and the
approaches thereto, the cost of which is
assumed by a State transportation department,
including such facilities as may be required by
the United States Customs and Immigration
Services in connection with the operation of an
international bridge or tunnel.
[(12) Indian reservation road.--The term ``Indian
reservation road'' means a public road that is located
within or provides access to an Indian reservation or
Indian trust land or restricted Indian land that is not
subject to fee title alienation without the approval of
the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and
Alaskan Natives reside, whom the Secretary of the
Interior has determined are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.
[(13) Interstate system.--The term ``Interstate
System'' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
[(14) Maintenance.--The term ``maintenance'' means
the preservation of the entire highway, including
surface, shoulders, roadsides, structures, and such
traffic-control devices as are necessary for safe and
efficient utilization of the highway.
[(15) Maintenance area.--The term ``maintenance
area'' means an area that was designated as a
nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agency as
an attainment area, under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
[(16) National highway system.--The term ``National
Highway System'' means the Federal-aid highway system
described in section 103(b).
[(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 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
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, 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
[(B) does not include resurfacing,
restoring, or rehabilitating improvements,
construction of additional lanes, interchanges,
and grade separations, and construction of a
new facility on a new location.
[(19) Park road.--The term ``park road'' means a
public road, including a bridge built primarily for
pedestrian use, but with capacity for use by emergency
vehicles, that is located within, or provides access
to, an area in the National Park System with title and
maintenance responsibilities vested in the United
States.
[(20) Parkway.--The term ``parkway'', as used in
chapter 2 of this title, means a parkway authorized by
Act of Congress on lands to which title is vested in
the United States.
[(21) Project.--The term ``project'' means an
undertaking to construct a particular portion of a
highway, or if the context so implies, the particular
portion of a highway so constructed or any other
undertaking eligible for assistance under this title.
[(22) Project agreement.--The term ``project
agreement'' means the formal instrument to be executed
by the State transportation department and the
Secretary as required by section 106.
[(23) Public authority.--The term ``public
authority'' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
[(24) Public lands development roads and trails.--
The term ``public lands development roads and trails''
means those roads and trails that the Secretary of the
Interior determines are of primary importance for the
development, protection, administration, and
utilization of public lands and resources under the
control of the Secretary of the Interior.
[(25) Public lands highway.--The term ``public
lands highway'' means a forest road under the
jurisdiction of and maintained by a public authority
and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority
and open to public travel.
[(26) Public lands highways.--The term ``public
lands highways'' means those main highways through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, which are
on the Federal-aid systems.
[(27) Public road.--The term ``public road'' means
any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
[(28) Refuge road.--The term ``refuge road'' means
a public road that provides access to or within a unit
of the National Wildlife Refuge System and for which
title and maintenance responsibility is vested in the
United States Government.
[(29) Rural areas.--The term ``rural areas'' means
all areas of a State not included in urban areas.
[(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,
or installs traffic control or warning devices at
locations with high accident potential.
[(31) Secretary.--The term ``Secretary'' means
Secretary of Transportation.
[(32) State.--The term ``State'' means any of the
50 States, the District of Columbia, or Puerto Rico.
[(33) State funds.--The term ``State funds''
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
[(34) State transportation department.--The term
``State transportation department'' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
[(35) Transportation enhancement activities.--The
term ``transportation enhancement activities'' means,
with respect to any project or the area to be served by
the project, any of the following activities if such
activity relates to surface transportation: provision
of facilities for pedestrians and bicycles, provision
of safety and educational activities for pedestrians
and bicyclists, acquisition of scenic easements and
scenic or historic sites, scenic or historic highway
programs (including the provision of tourist and
welcome center facilities), landscaping and other
scenic beautification, historic preservation,
rehabilitation and operation of historic transportation
buildings, structures, or facilities (including
historic railroad facilities and canals), preservation
of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle
trails), control and removal of outdoor advertising,
archaeological planning and research, environmental
mitigation to address water pollution due to highway
runoff or reduce vehicle-caused wildlife mortality
while maintaining habitat connectivity, and
establishment of transportation museums.
[(36) Urban area.--The term ``urban area'' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
[(37) Urbanized area.--The term ``urbanized area''
means an area with a population of 50,000 or more
designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.]
(a) Definitions.--In this title:
(1) Apportionment.--The term ``apportionment''
includes an unexpended apportionment made under a law
enacted before the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation
Equity Act of 2003.
(2) Carpool project.--
(A) In general.--The term ``carpool
project'' means any project to encourage the
use of carpools and vanpools.
(B) Inclusions.--The term ``carpool
project'' includes a project--
(i) to provide carpooling
opportunities to the elderly and
individuals with disabilities;
(ii) to develop and implement a
system for locating potential riders
and informing the riders of carpool
opportunities;
(iii) to acquire vehicles for
carpool use;
(iv) to designate highway lanes as
preferential carpool highway lanes;
(v) to provide carpool-related
traffic control devices; and
(vi) to designate facilities for
use for preferential parking for
carpools.
(3) Construction.--
(A) In general.--The term ``construction''
means the supervision, inspection, and actual
building of, and incurring 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.
(B) Inclusions.--The term ``construction''
includes--
(i) locating, surveying, and
mapping (including the establishment of
temporary and permanent geodetic
markers in accordance with
specifications of the National Oceanic
and Atmospheric Administration);
(ii) resurfacing, restoration, and
rehabilitation;
(iii) acquisition of rights-of-way;
(iv) relocation assistance,
acquisition of replacement housing
sites, and acquisition and
rehabilitation, relocation, and
construction of replacement housing;
(v) elimination of hazards of
railway grade crossings;
(vi) elimination of roadside
obstacles;
(vii) improvements that directly
facilitate and control traffic flow,
such as--
(I) grade separation of
intersections;
(II) widening of lanes;
(III) channelization of
traffic;
(IV) traffic control
systems; and
(V) passenger loading and
unloading areas;
(viii) capital improvements that
directly facilitate an effective
vehicle weight enforcement program,
such as--
(I) scales (fixed and
portable);
(II) scale pits;
(III) scale installation;
and
(IV) scale houses;
(ix) improvements directly relating
to securing transportation
infrastructures for detection,
preparedness, response, and recovery;
(x) operating costs relating to
traffic monitoring, management, and
control;
(xi) operational movements; and
(xii) transportation system
management and operations.
(4) County.--The term ``county'' includes--
(A) a corresponding unit of government
under any other name in a State that does not
have county organizations; and
(B) in those States in which the county
government does not have jurisdiction over
highways, any local government unit vested with
jurisdiction over local highways.
(5) Federal-aid highway.--
(A) In general.--The term ``Federal-aid
highway'' means a highway eligible for
assistance under this chapter.
(B) Exclusions.--The term ``Federal-aid
highway'' does not include a highway classified
as a local road or rural minor collector.
(6) Federal-aid system.--The term ``Federal-aid
system'' means any of the Federal-aid highway systems
described in section 103.
(7) Federal lands highway.--The term ``Federal
lands highway'' means--
(A) a forest highway;
(B) a recreation road;
(C) a public Forest Service road;
(D) a park road;
(E) a parkway;
(F) a refuge road;
(G) an Indian reservation road that is a
public road; and
(H) a public lands highway.
(8) Forest highway.--The term ``forest highway''
means a forest road that is--
(A) under the jurisdiction of, and
maintained by, a public authority; and
(B) is open to public travel.
(9) Forest road or trail.--
(A) In general.--The term ``forest road or
trail'' means a road or trail wholly or partly
within, or adjacent to, and serving National
Forest System land that is necessary for the
protection, administration, use, and
development of the resources of that land.
(B) Inclusions.--The term ``forest road or
trail'' includes--
(i) a classified forest road;
(ii) an unclassified forest road;
(iii) a temporary forest road; and
(iv) a public forest service road.
(10) Freight transportation gateway.--
(A) In general.--The term ``freight
transportation gateway'' means a nationally or
regionally significant transportation port of
entry or hub for domestic and global trade or
military mobilization.
(B) Inclusions.--The term ``freight
transportation gateway'' includes freight
intermodal and Strategic Highway Network
connections that provide access to and from a
port or hub described in subparagraph (A).
(11) Highway.--The term ``highway'' includes--
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-
highway crossing, tunnel, drainage structure,
sign, guardrail, and protective structure, in
connection with a highway; and
(C) a portion of any interstate or
international bridge or tunnel (including the
approaches to the interstate or international
bridge or tunnel, and such transportation
facilities as may be required by the United
States Customs Service and the Bureau of
Citizenship and Immigration Services in
connection with the operation of an
international bridge or tunnel), the cost of
which is assumed by a State transportation
department.
(12) Highway safety improvement project.--The term
``highway safety improvement project'' means a project
that meets the requirements of section 148.
(13) Indian reservation road.--
(A) In general.--The term ``Indian
reservation road'' means a public road that is
located within or provides access to an area
described in subparagraph (B) on which or in
which reside Indians or Alaskan Natives that,
as determined by the Secretary of the Interior,
are eligible for services generally available
to Indians under Federal laws specifically
applicable to Indians.
(B) Areas.--The areas referred to in
subparagraph (A) are--
(i) an Indian reservation;
(ii) Indian trust land or
restricted Indian land that is not
subject to fee title alienation without
the approval of the Federal Government;
and
(iii) an Indian or Alaska Native
village, group, or community.
(14) Interstate system.--The term ``Interstate
System'' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
(15) Maintenance.--
(A) In general.--The term ``maintenance''
means the preservation of a highway.
(B) Inclusions.--The term ``maintenance''
includes the preservation of--
(i) the surface, shoulders,
roadsides, and structures of a highway;
and
(ii) such traffic-control devices
as are necessary for safe, secure, and
efficient use of a highway.
(16) Maintenance area.--The term ``maintenance
area'' means an area that was designated as a
nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agency as
an attainment area, under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
(17) National forest system road or trail.--The
term ``National Forest System road or trail'' means a
forest road or trail that is under the jurisdiction of
the Forest Service.
(18) National highway system.--The term ``National
Highway System'' means the Federal-aid highway system
described in section 103(b).
(19) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes--
(A) labor costs;
(B) administrative costs;
(C) costs of utilities and rent;
(D) costs incurred by transportation
agencies for technology to monitor critical
transportation infrastructure for security
purposes; and
(E) other costs associated with
transportation systems management and
operations and the continuous operation of
traffic control, such as--
(i) an integrated traffic control
system;
(ii) an incident management
program; and
(iii) a traffic control center.
(20) Operational improvement.--
(A) In general.--The term ``operational
improvement'' means--
(i) a capital improvement for
installation or implementation of--
(I) a transportation system
management and operations
program;
(II) traffic and
transportation security
surveillance and control
equipment;
(III) a computerized signal
system;
(IV) a motorist information
system;I28 (V) an integrated
traffic control system;
(VI) an incident management
program;
(VII) equipment and
programs for transportation
response to manmade and natural
disasters; or
(VIII) a transportation
demand management facility,
strategy, or program; and
(ii) such other capital
improvements to a public road as the
Secretary may designate by regulation.
(B) Exclusions.--The term ``operational
improvement'' does not include--
(i) a resurfacing, restorative, or
rehabilitative improvement;
(ii) construction of an additional
lane, interchange, or grade separation;
or
(iii) construction of a new
facility on a new location.
(21) Park road.--The term ``park road'' means a
public road (including a bridge built primarily for
pedestrian use, but with capacity for use by emergency
vehicles) that is located within, or provides access
to, an area in the National Park System with title and
maintenance responsibilities vested in the United
States.
(22) Parkway.--The term ``parkway'' means a parkway
authorized by an Act of Congress on land to which title
is vested in the United States.
(23) Project.--The term ``project'' means--
(A)(i) an undertaking to construct a
particular portion of a highway; or
(ii) if the context so implies, a
particular portion of a highway so constructed;
and
(B) any other undertaking eligible for
assistance under this title.
(24) Project agreement.--The term ``project
agreement'' means the formal instrument to be executed
by the Secretary and a State transportation department
under section 106.
(25) Public authority.--The term ``public
authority'' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
(26) Public forest service road.--The term ``public
Forest Service road'' means a classified forest road--
(A) that is open to public travel;
(B) for which title and maintenance
responsibility is vested in the Federal
Government; and
(C) that has been designated a public road
by the Forest Service.
(27) Public lands development roads and trails.--
The term ``public lands development roads and trails''
means roads and trails that the Secretary of the
Interior determines are of primary importance for the
development, protection, administration, and use of
public lands and resources under the control of the
Secretary of the Interior.
(28) Public lands highway.--The term ``public lands
highway'' means--
(A) a forest road that is--
(i) under the jurisdiction of, and
maintained by, a public authority; and
(ii) open to public travel; and
(B) any highway through unappropriated or
unreserved public land, nontaxable Indian land,
or any other Federal reservation (including a
main highway through such land or reservation
that is on the Federal-aid system) that is--
(i) under the jurisdiction of, and
maintained by, a public authority; and
(ii) open to public travel.
(29) Public road.--The term ``public road'' means
any road or street that is--
(A) under the jurisdiction of, and
maintained by, a public authority; and
(B) open to public travel.
(30) Recreational road.--The term ``recreational
road'' means a public road--
(A) that provides access to a museum, lake,
reservoir, visitors center, gateway to a major
wilderness area, public use area, or
recreational or historic site; and
(B) for which title is vested in the
Federal Government.
(31) Refuge road.--The term ``refuge road'' means a
public road--
(A) that provides access to or within a
unit of the National Wildlife Refuge System or
a national fish hatchery; and
(B) for which title and maintenance
responsibility is vested in the United States
Government.
(32) Rural area.--The term ``rural area'' means an
area of a State that is not included in an urban area.
(33) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(34) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(35) State funds.--The term ``State funds''
includes funds that are--
(A) raised under the authority of the State
(or any political or other subdivision of a
State); and
(B) made available for expenditure under
the direct control of the State transportation
department.
(36) State transportation department.--The term
``State transportation department'' means the
department, agency, commission, board, or official of
any State charged by the laws of the State with the
responsibility for highway construction.
(37) Territorial highway system.--The term
``territorial highway system'' means the system of
arterial highways, collector roads, and necessary
interisland connectors in American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and
the United States Virgin Islands that have been
designated by the appropriate Governor or chief
executive officer of a territory, and approved by the
Secretary, in accordance with section 215.
(38) Transportation enhancement activity.--The term
``transportation enhancement activity'' means, with
respect to any project or the area to be served by the
project, any of the following activities as the
activities relate to surface transportation:
(A) Provision of facilities for pedestrians
and bicycles.
(B) Provision of safety and educational
activities for pedestrians and bicyclists.
(C) Acquisition of scenic easements and
scenic or historic sites (including historic
battlefields).
(D) Conduct of scenic or historic highway
programs (including the provision of tourist
and welcome center facilities).
(E) Landscaping and other scenic
beautification.
(F) Historic preservation.
(G) Rehabilitation and operation of
historic transportation buildings, structures,
or facilities (including historic railroad
facilities and canals).
(H) Preservation of abandoned railway
corridors (including the conversion and use of
the corridors for pedestrian or bicycle
trails).
(I) Control and removal of outdoor
advertising.
(J) Archaeological planning and research.
(K) Environmental mitigation--
(i) to address water pollution due
to highway runoff; or
(ii) reduce vehicle-caused wildlife
mortality while maintaining habitat
connectivity.
(L) Establishment of transportation
museums.
(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 security, safety, and reliability of
the transportation system.
(B) Inclusions.--The term ``transportation
systems management and operations'' includes--
(i) regional operations
collaboration and coordination
activities between transportation and
public safety agencies; and
(ii) improvements to the
transportation system such as traffic
detection and surveillance, arterial
management, freeway management, demand
management, work zone management,
emergency management, electronic toll
collection, automated enforcement,
traffic incident management, roadway
weather management, traveler
information services, commercial
vehicle operations, traffic control,
freight management, and coordination of
highway, rail, transit, bicycle, and
pedestrian operations.
(40) Urban area.--The term ``urban area'' means--
(A) an urbanized area (or, in the case of
an urbanized area encompassing more than 1
State, the portion of the urbanized area in
each State); and
(B) an urban place designated by the Bureau
of the Census that--
(i) has a population of 5,000 or
more;
(ii) is not located within any
urbanized area; and
(iii) is located within boundaries
that--
(I) are fixed cooperatively
by responsible State and local
officials, subject to approval
by the Secretary; and
(II) encompass, at a
minimum, the entire urban place
designated by the Bureau of the
Census (except in the case of
cities in the State of Maine
and in the State of New
Hampshire).
(41) Urbanized area.--The term ``urbanized area''
means an area that--
(A) has a population of 50,000 or more;
(B) is designated by the Bureau of the
Census; and
(C) is located within boundaries that--
(i) are fixed cooperatively by
responsible State and local officials,
subject to approval by the Secretary;
and
(ii) encompass, at a minimum, the
entire urbanized area within a State as
designated by the Bureau of the Census.
[(b) It is hereby declared to be]
(b) Declaration of Policy.--
(1) Acceleration of construction of federal-aid
highway systems.--Congress declares that it is in the
national interest to accelerate the construction of the
Federal-aid highway systems, including the National
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 hereby declared]
(2) Completion of interstate system.--Congress
declares that the prompt and early completion of the
National System of Interstate and Defense Highways, so
named because of its primary importance to the national
defense and hereafter referred to as the ``Interstate
System'', is essential to the national interest and is
one of the most important objectives of this Act. It is
the intent of Congress that the Interstate System be
completed as nearly as practicable over the period of
availability of the forty years' appropriations
authorized for the purpose of expediting its
construction, reconstruction, or improvement, inclusive
of necessary tunnels and bridges, through the fiscal
year ending September 30, 1996, under section 108(b) of
the Federal-Aid Highway Act of 1956 (70 Stat. 374), and
that the entire system in all States be brought to
simultaneous completion. Insofar as possible in
consonance with this objective, existing highways
located on an interstate route shall be used to the
extent that such use is practicable, suitable, and
feasible, it being the intent that local needs, to the
extent practicable, suitable, and feasible, shall be
given equal consideration with the needs of interstate
commerce.
[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.]
(3) Transportation needs of 21st century.--Congress
declares that--
(A) it is in the national interest to
preserve and enhance the surface transportation
system to meet the needs of the United States
for the 21st Century;
(B) the current urban and long distance
personal travel and freight movement demands
have surpassed the original forecasts and
travel demand patterns are expected to change;
(C) continued planning for and investment
in surface transportation is critical to ensure
the surface transportation system adequately
meets the changing travel demands of the
future;
(D) among the foremost needs that the
surface transportation system must meet to
provide for a strong and vigorous national
economy are safe, efficient, and reliable--
(i) national and interregional
personal mobility (including personal
mobility in rural and urban areas) and
reduced congestion;
(ii) flow of interstate and
international commerce and freight
transportation; and
(iii) travel movements essential
for national security;
(E) special emphasis should be devoted to
providing safe and efficient access for the
type and size of commercial and military
vehicles that access designated National
Highway System intermodal freight terminals;
(F) it is in the national interest to seek
ways to eliminate barriers to transportation
investment created by the current modal
structure of transportation financing;
(G) the connection between land use and
infrastructure is significant;
(H) transportation should play a
significant role in promoting economic growth,
improving the environment, and sustaining the
quality of life; and
(I) the Secretary should take appropriate
actions to preserve and enhance the Interstate
System to meet the needs of the 21st Century.
* * * * * * *
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.]
(a) High Occupancy Vehicle Lane Passenger Requirements.--
(1) Definitions.--In this subsection:
(A) Responsible agency.--The term
``responsible agency'' means--
(i) a State transportation
department; and
(ii) a local agency in a State that
is responsible for transportation
matters.
(B) Seriously degraded.--The term
``seriously degraded'', with respect to a high
occupancy vehicle lane, means, in the case of a
high occupancy vehicle lane, the minimum
average operating speed, performance threshold,
and associated time period of the high
occupancy vehicle lane, calculated and
determined jointly by all applicable
responsible agencies and based on conditions
unique to the roadway, are unsatisfactory.
(2) Requirements.--
(A) In general.--Subject to subparagraph
(B), for each State, 1 or more responsible
agencies shall establish the occupancy
requirements of vehicles operating on high
occupancy vehicle lanes.
(B) Minimum number of occupants.--Except as
provided in paragraph (3), an occupancy
requirement established under subparagraph (A)
shall--
(i) require at least 2 occupants
per vehicle for a vehicle operating on
a high occupancy vehicle lane; and
(ii) in the case of a high
occupancy vehicle lane that traverses
an adjacent State, be established in
consultation with the adjacent State.
(3) Exceptions to hov occupancy requirements.--
(A) Motorcycles.--For the purpose of this
subsection, a motorcycle--
(i) shall not be considered to be a
single occupant vehicle; and
(ii) shall be allowed to use a high
occupancy vehicle lane unless a
responsible agency--
(I) certifies to the
Secretary the use of a high
occupancy vehicle lane by a
motorcycle would create a
safety hazard; and
(II) restricts that the use
of the high occupancy vehicle
lane by motorcycles.
(B) Low emission and energy-efficient
vehicles.--
(i) Definition of low emission and
energy-efficient vehicle.--In this
subparagraph, the term ``low emission
and energy-efficient vehicle'' means a
vehicle that has been certified by the
Administrator of the Environmental
Protection Agency--
(I)(aa) to have a 45-mile
per gallon or greater fuel
economy highway rating; or
(bb) to qualify as an
alternative fueled vehicle
under section 301 of the Energy
Policy Act of 1992 (42 U.S.C.
13211); and
(II) as meeting Tier II
emission level established in
regulations promulgated by the
Administrator of the
Environmental Protection Agency
under section 202(i) of the
Clean Air Act (42 U.S.C.
7521(i)) for that make and
model year vehicle.
(ii) Exemption for low emission and
energy-efficient vehicles.--A
responsible agency may permit
qualifying low emission and energy-
efficient vehicles that do not meet
applicable occupancy requirements (as
determined by the responsible agency)
to use high occupancy vehicle lanes if
the responsible agency--
(I) establishes a program
that addresses how those
qualifying low emission and
energy-efficient vehicles are
selected and certified;
(II) establishes
requirements for labeling
qualifying low emission and
energy-efficient vehicles
(including procedures for
enforcing those requirements);
(III) continuously
monitors, evaluates, and
reports to the Secretary on
performance; and
(IV) imposes such
restrictions on the use on high
occupancy vehicle lanes by
vehicles that do not satisfy
established occupancy
requirements as are necessary
to ensure that the performance
of individual high occupancy
vehicle lanes, and the entire
high occupancy vehicle lane
system, will not become
seriously degraded.
(C) Tolling of vehicles.--
(i) In general.--A responsible
agency may permit vehicles, in addition
to the vehicles described in paragraphs
(A), (B), and (D) that do not satisfy
established occupancy requirements, to
use a high occupancy vehicle lane only
if the responsible agency charges those
vehicles a toll.
(ii) Applicable authority.--In
imposing a toll under clause (i), a
responsible agency shall--
(I) be subject to section
129;
(II) establish a toll
program that addresses ways in
which motorists may enroll and
participate in the program;
(III) develop, manage, and
maintain a system that will
automatically collect the tolls
from covered vehicles;
(IV) continuously monitor,
evaluate, and report on
performance of the system;
(V) establish such policies
and procedures as are
necessary--
(aa) to vary the
toll charged in order
to manage the demand
for use of high
occupancy vehicle
lanes; and
(bb) to enforce
violations; and
(VI) establish procedures
to impose such restrictions on
the use of high occupancy
vehicle lanes by vehicles that
do not satisfy established
occupancy requirements as are
necessary to ensure that the
performance of individual high
occupancy vehicle lanes, and
the entire high occupancy
vehicle lane system, will not
become seriously degraded.
(D) Designated public transportation
vehicles.--
(i) Definition of designated public
transportation vehicle.--In this
subparagraph, the term ``designated
public transportation vehicle'' means a
vehicle that--
(I) provides designated
public transportation (as
defined in section 221 of the
Americans with Disabilities Act
of 1990 (42 U.S.C. 12141)); and
(II)(aa) is owned or
operated by a public entity; or
(bb) is operated under a
contract with a public entity.
(ii) Use of high occupancy vehicle
lanes.--A responsible agency may permit
designated public transportation
vehicles that do not satisfy
established occupancy requirements to
use high occupancy vehicle lanes if the
responsible agency--
(I) requires the clear and
identifiable labeling of each
designated public
transportation vehicle
operating under a contract with
a public entity with the name
of the public entity on all
sides of the vehicle;
(II) continuously monitors,
evaluates, and reports on
performance of those designated
public transportation vehicles;
and
(III) imposes such
restrictions on the use of high
occupancy vehicle lanes by
designated public
transportation vehicles as are
necessary to ensure that the
performance of individual high
occupancy vehicle lanes, and
the entire high occupancy
vehicle lane system, will not
become seriously degraded.
(E) HOV lane management, operation, and
monitoring.--
(i) In general.--A responsible
agency that permits any of the
exceptions specified in this paragraph
shall comply with clauses (ii) and
(iii).
(ii) Performance monitoring,
evaluation, and reporting.--A
responsible agency described in clause
(i) shall establish, manage, and
support a performance monitoring,
evaluation, and reporting program under
which the responsible agency
continuously monitors, assesses, and
reports on the effects that any vehicle
permitted to use a high occupancy
vehicle lane under an exception under
this paragraph may have on the
operation of--
(I) individual high
occupancy vehicle lanes; and
(II) the entire high
occupancy vehicle lane system.
(iii) Operation of hov lane or
system.--A responsible agency described
in clause (i) shall limit use of, or
cease to use, any of the exceptions
specified in this paragraph if the
presence of any vehicle permitted to
use a high occupancy vehicle lane under
an exception under this paragraph
seriously degrades the operation of--
(I) individual high
occupancy vehicle lanes; and
(II) the entire high
occupancy vehicle lane system.
(b) 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) 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 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) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the National
Highway System.
(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) Construction, reconstruction,
resurfacing, restoration, and rehabilitation of
segments of the National Highway System.
(B) Operational improvements for segments
of the National Highway System.
(C) Construction of, and operational
improvements for, a Federal-aid highway not on
the National Highway System, and construction
of a transit project eligible for assistance
under chapter 53 of title 49, if--
(i) the highway or transit project
is in the same corridor as, and in
proximity to, a fully access-controlled
highway designated as a part of the
National Highway System;
(ii) the construction or
improvements will improve the level of
service on the fully access-controlled
highway described in clause (i) and
improve regional traffic flow; and
(iii) the construction or
improvements are more cost-effective
than an improvement to the fully
access-controlled highway described in
clause (i).
(D) Highway safety improvements for
segments of the National Highway System.
(E) Transportation planning in accordance
with sections 134 and 135.
(F) Highway research and planning in
accordance with chapter 5.
(G) Highway-related technology transfer
activities.
(H) Capital and operating costs for traffic
monitoring, management, and control facilities
and programs.
(I) Fringe and corridor parking facilities.
(J) Carpool and vanpool projects.
(K) Bicycle transportation and pedestrian
walkways in accordance with section 217.
(L) Development, establishment, and
implementation of management systems under
section 303.
(M)(i) In accordance with all applicable
Federal law (including regulations),
participation in natural habitat and wetland
mitigation efforts related to projects funded
under this title, which may include
participation in natural habitat and wetland
mitigation banks, contributions to statewide
and regional efforts to conserve, restore,
enhance, and create natural habitats and
wetland, and development of statewide and
regional natural habitat and wetland
conservation and mitigation plans, including
any such banks, efforts, and plans authorized
under the Water Resources Development Act of
1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation
efforts described in the preceding sentence may
take place concurrent with or in advance of
project construction; except that contributions
in advance of project construction may occur
only if the efforts are consistent with all
applicable requirements of Federal law
(including regulations) and State
transportation planning processes. With respect
to participation in a natural habitat or
wetland mitigation effort related to a project
funded under this title that has an impact that
occurs within the service area of a mitigation
bank, preference shall be given, to the maximum
extent practicable, to the use of the
mitigation bank if the bank contains sufficient
available credits to offset the impact and the
bank is approved in accordance with the Federal
Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg.
58605 (November 28, 1995)) or other applicable
Federal law (including regulations).
(ii) State habitat, streams, and wetlands
mitigation efforts under section 155.
(N) Publicly-owned intracity or intercity
bus terminals.
(O) Infrastructure-based intelligent
transportation systems capital improvements.
(P) In the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, any project eligible for
assistance under section 133, any airport, and
any seaport.
(Q) Environmental restoration and pollution
abatement in accordance with section 165.
(R) Control of invasive plant species and
establishment of native species in accordance
with section 166.
(7) Freight intermodal connections to the nhs.--
(A) Funding set-aside.--Of the funds
apportioned to a State for each fiscal year
under section 104(b)(1), an amount determined
in accordance with subparagraph (B) shall only
be available to the State to be obligated for
projects on--
(i) National Highway System routes
connecting to intermodal freight
terminals identified according to
criteria specified in the report to
Congress entitled ``Pulling Together:
The National Highway System and its
Connections to Major Intermodal
Terminals'' dated May 24, 1996,
referred to in paragraph (1), and any
modifications to the connections that
are consistent with paragraph (4);
(ii) strategic highway network
connectors to strategic military
deployment ports; and
(iii) projects to eliminate
railroad crossings or make railroad
crossing improvements.
(B) Determination of amount.--The amount of
funds for each State for a fiscal year that
shall be set aside under subparagraph (A) shall
be equal to the greater of--
(i) the product obtained by
multiplying--
(I) the total amount of
funds apportioned to the State
under section 104(b)(1); by
(II) the percentage of
miles that routes specified in
subparagraph (A) constitute of
the total miles on the National
Highway System in the State; or
(ii) 2 percent of the annual
apportionment to the State of funds
under 104(b)(1).
(C) Exemption from set-aside.--For any
fiscal year, a State may obligate the funds
otherwise set aside by this paragraph for any
project that is eligible under paragraph (6)
and is located in the State on a segment of the
National Highway System specified in paragraph
(2), if the State certifies and the Secretary
concurs that--
(i) the designated National Highway
System intermodal connectors described
in subparagraph (A) are in good
condition and provide an adequate level
of service for military vehicle and
civilian commercial vehicle use; and
(ii) significant needs on the
designated National Highway System
intermodal connectors are being met or
do not exist.
* * * * * * *
(c) Interstate System.--
(1) Description.--
* * * * * * *
(4) Interstate system designations.--
(A) Additions.--If the Secretary determines
that a highway on the National Highway System
meets all standards of a highway on the
Interstate System and that the highway is a
logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or
States in which the highway is located,
designate the highway as a route on the
Interstate System.
(B) Designations as future interstate
system routes.--
(i) In general.--If the Secretary
determines that a highway on the
National Highway System would be a
logical addition or connection to the
Interstate System and would qualify for
designation as a route on the
Interstate System under subparagraph
(A) if the highway met all standards of
a highway on the Interstate System, the
Secretary may, upon the affirmative
recommendation of the State or States
in which the highway is located,
designate the highway as a future
Interstate System route.
(ii) Written agreement of states.--
A designation under clause (i) shall be
made only upon the written agreement of
the State or States described in such
clause that the highway will be
constructed to meet all standards of a
highway on the Interstate System by the
date that is [12] 25 years after the
date of the agreement.
(iii) Removal of designation.--
(I) In general.--If the
State or States described in
clause (i) have not
substantially completed the
construction of a highway
designated under this
subparagraph within the time
provided for [in the agreement
between the Secretary and the
State or States] under clause
(ii), the Secretary shall
remove the designation of the
highway as a future Interstate
System route.
(II) Effect of removal.--
Removal of the designation of a
highway under subclause (I)
shall not preclude the
Secretary from designating the
highway as a route on the
Interstate System under
subparagraph (A) or under any
other provision of law
providing for addition to the
Interstate System.
(III) Existing
agreements.--An agreement
described in clause (ii) that
is entered into before the date
of enactment of this
subparagraph shall be deemed to
include the 25-year time
limitation described in that
clause, regardless of any
earlier construction completion
date in the agreement.
(iv) Prohibition on referral as
interstate system route.--No law, rule,
regulation, map, document, or other
record of the United States, or of any
State or political subdivision of a
State, shall refer to any highway
designated as a future Interstate
System route under this subparagraph,
nor shall any such highway be signed or
marked, as a highway on the Interstate
System until such time as the highway
is constructed to the geometric and
construction standards for the
Interstate System and has been
designated as a route on the Interstate
System.
(C) Financial responsibility.--Except as
provided in this title, the designation of a
highway under this paragraph shall create no
additional Federal financial responsibility
with respect to the highway.
(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.--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 would qualify
independently 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.
* * * * * * *
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 201 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.), 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.
[(3) Availability.--The sum deducted under
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 paragraph (1) to a
Federal agency or entity other than the Federal Highway
Administration and the Federal Motor Carrier Safety
Administration.]
(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 of Transportation for administrative expenses
of the Federal Highway Administration--
(A) $450,000,000 for fiscal year 2004;
(B) $465,000,000 for fiscal year 2005;
(C) $480,000,000 for fiscal year 2006;
(D) $495,000,000 for fiscal year 2007;
(E) $510,000,000 for fiscal year 2008; and
(F) $525,000,000 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.
(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, the highway safety 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 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] 2004 through 2009 for the
Alaska Highway, and the remainder apportioned
as follows:
(i) 25 percent in the ratio that--
(I) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
(II) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in all States.
(ii) 35 percent in the ratio that--
(I) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
each State; bears to
(II) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in all States.
(iii) 30 percent in the ratio
that--
(I) the total diesel fuel
used on highways in each State;
bears to
(II) the total diesel fuel
used on highways in all States.
(iv) 10 percent in the ratio that--
(I) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in each State by the
total population of the State;
bears to
(II) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in all States by the
total population of all States.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State
shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under subparagraph (A)
and paragraph (4).
(2) Congestion mitigation and air quality
improvement program.--
(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for the purpose of
subparagraph (A), the weighted nonattainment
and maintenance area population shall be
calculated by multiplying the population of
each area in a State that was a nonattainment
area or maintenance area as described in
section 149(b) for [ozone or carbon monoxide]
ozone, carbon monoxide, or fine particulate
matter (PM2.5) by a factor of--
[(i) 0.8 if--]
(i) 1.0, if at the time of
apportionment, the area is a
maintenance area;
(I) at the time of the
apportionment, the area is a
maintenance area; or
(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
the Clean Air Act (42 U.S.C.
7401 et seq.);
(ii) 1.0 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) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart; [or]
(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance [area as
described in section 149(b) for ozone]
area for ozone (as described in section
149(b)) or for PM-2.5, but is
classified under subpart 3 of part D of
title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described
in section 149(b) for carbon
monoxide[.];
(viii) 1.0 if, at the time of
apportionment, any county that is not
designated as a nonattainment or
maintenance area under the 1-hour ozone
standard is designated as nonattainment
under the 8-hour ozone standard;
(ix) 1.2 if, at the time of
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone
or carbon monoxide, but is an area
designated nonattainment under the PM-
2.5 standard.
[(C) Additional adjustment for carbon
monoxide areas.--
[(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was also classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
[(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time also classified under
subpart 3 of part D of title I of such
Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shallfurther
multiplied by a factor of 1.1.]
(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.
(D) Additional adjustment for pm 2.5
areas.--If, in addition to being designated as
a nonattainment or maintenance area for ozone
or carbon monoxide, or both as described in
section 149(b), any county within the area was
also designated under the PM-2.5 standard as a
nonattainment or maintenance area, the weighted
nonattainment or maintenance area population of
those counties shall be further multiplied by a
factor of 1.2.
[(D)] (E) Minimum apportionment.--
Notwithstanding any other provision of this
paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned
under this paragraph.
[(E)] (F) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
(3) Surface transportation program.--
(A) In general.--For the surface
transportation program, in accordance with the
following formula:
(i) 25 percent of the
apportionments in the
ratio that--
(I) the total lane miles of
Federal-aid highways in each
State; bears to
(II) the total lane miles
of Federal-aid highways in all
States.
(ii) 40 percent of the
apportionments in the
ratio that--
(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
(iii) 35 percent of the
apportionments in the
ratio that--
(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
(A) 33\1/3\ percent in the ratio that--
(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
(ii) the total of all such lane
miles in all States;
(B) 33\1/3\ percent in the ratio that--
(i) the total vehicle miles
traveled on Interstate System routes
open to traffic in each State; bears to
(ii) the total of all such vehicle
miles traveled in all States; and
(C) 33\1/3\ percent in the ratio that--
(i) the total of each State's
annual contributions to the Highway
Trust Fund (other than the Mass Transit
Account) attributable to commercial
vehicles; bears to
(ii) the total of such annual
contributions by all States.
(5) Highway safety improvement program.--
(A) In general.--For the highway safety
improvement program, in accordance with the
following formula:
(i) 25 percent of the
apportionments in the ratio that--
(I) the total lane miles of
Federal-aid highways in each
State; bears to
(II) the total lane miles
of Federal-aid highways in all
States.
(ii) 40 percent of the
apportionments in the ratio that--
(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
(iii) 35 percent of the
apportionments in the ratio that--
(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
* * * * * * *
(d) Operation Lifesaver and High Speed Rail Corridors.--
(1) Operation lifesaver.--Before making an
apportionment under subsection [(b)(3)] (b)(5) of this
section 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.
* * * * * * *
(e) Certification of Apportionments.--
(1) In general.--On October 1 of each fiscal year
the Secretary shall certify to each of the State
transportation departments the sums which he has
apportioned hereunder to each State for such fiscal
year[, and also the sums which he has deducted for
administration pursuant to subsection (a) of this
section]. To permit the States to develop adequate
plans for the utilization of apportioned sums the
Secretary shall advise each State of the amount that
will be apportioned each year under this section not
later than ninety days before the beginning of the
fiscal year for which the sums to be apportioned are
authorized, except that in the case of the Interstate
System the Secretary shall advise each State ninety
days prior to the apportionment of such funds.
* * * * * * *
(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.]
(1) Set-aside.--On October 1 of each fiscal year,
the Secretary shall set aside 1.5 percent of the funds
authorized to be appropriated for expenditure upon
programs authorized under this title to carry out the
requirements of section 134.
(2) Apportionment to states of set-aside funds.--
These funds shall be apportioned to the States in the
ratio which the population in urbanized areas or parts
thereof, in each State bears to the total population in
such urbanized areas in all the States as shown by the
latest available census, except that no State shall
receive less than one-half [per centum] percent of the
amount apportioned.
(3) Use of funds.--[The funds]
(A) In general.--The funds apportioned to
any State under paragraph (2) of this
subsection shall be made available by the State
to the metropolitan planning organizations
responsible for carrying out the provisions of
section 134 of this title, except that States
receiving the minimum apportionment under
paragraph (2) may, in addition, subject to the
approval of the Secretary, use the funds
apportioned to finance transportation planning
outside of urbanized areas. These funds shall
be matched in accordance with section 120(b)
unless the Secretary determines that the
interests of the Federal-aid highway program
would be best served without such matching.
(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.
* * * * * * *
(6) Federal share.--Funds apportioned to a State
under this subsection shall be matched in accordance
with section 120(b) unless the Secretary determines
that the interests of the Federal-aid highway program
would be best served without the match.
* * * * * * *
(h) Recreational Trails Program.--
(1) Administrative costs.--[Whenever]
(A) In general.--In any case in which 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]
(B) Contracts and agreements.--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.
(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this
subsection, the Secretary shall apportion the remainder
of the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year, among the States in the following manner:
(A) 50 percent of that amount shall be
apportioned equally among eligible States.
(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
(3) Eligible state defined.--In this section, the
term ``eligible State'' means a State that meets the
requirements of section 206(c).
* * * * * * *
(i) Audits of Highway Trust Fund.--From administrative
funds [deducted] made available 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.
* * * * * * *
[(k) Transfer of Highway and Transit Funds.--
[(1) Transfer of highway funds.--Funds made
available under this title and transferred for transit
projects of a type described in section 133(b)(2) shall
be administered by the Secretary in accordance with
chapter 53 of title 49, except that the provisions of
this title relating to the non-Federal share shall
apply to the transferred funds.
[(2) Transfer of transit funds.--Funds made
available under chapter 53 of title 49 and transferred
for highway projects shall be administered by the
Secretary in accordance with this title, except that
the provisions of such chapter relating to the non-
Federal share shall apply to the transferred funds.
[(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs
(1) and (2) shall be transferred in the same manner and
amount as the funds for the projects are transferred.]
(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 transferred funds.
(2) Transfer of transit funds for highway
projects.--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.
(3) Transfer of highway funds to other federal
agencies.--
(A) In general.--Except as provided in
clauses (i) and (ii) and subparagraph (B),
funds made available under this title or any
other Act that are derived from Highway Trust
Fund (other than the Mass Transit account) may
be transferred to another Federal agency if--
(i)(I) an expenditure is
specifically authorized in Federal-aid
highway legislation or as a line item
in an appropriation act; or
(II) a State transportation
department consents to the transfer of
funds;
(ii) the Secretary determines,
after consultation with the State
transportation department (as
appropriate), that the Federal agency
should carry out a project with the
funds; and
(iii) the other Federal agency
agrees to accept the transfer of funds
and to administer the project.
(B) Administration.--
(i) Procedures.--A project carried
out with funds transferred to a Federal
agency under subparagraph (A) shall be
administered by the Federal agency
under the procedures of the Federal
agency.
(ii) Appropriations.--Funds
transferred to a Federal agency under
subparagraph (A) shall not be
considered an augmentation of the
appropriations of the Federal agency.
(iii) Non-federal share.--The
provisions of this title, or an Act
described in subparagraph (A), relating
to the non-Federal share shall apply to
a project carried out with the
transferred funds, unless the Secretary
determines that it is in the best
interest of the United States that the
non-Federal share be waived.
(4) Transfer of funds among states or to federal
highway administration.--
(A) In general.--Subject to subparagraphs
(B) through (D), the Secretary may, at the
request of a State, transfer funds apportioned
or allocated to the State to another State, or
to the Federal Highway Administration, for the
purpose of funding 1 or more specific projects.
(B) Administration.--The transferred funds
shall be used for the same purpose and in the
same manner for which the transferred funds
were authorized.
(C) Apportionment.--The transfer shall have
no effect on any apportionment formula used to
distribute funds to States under this section
or section 105 or 144.
(D) 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)(2) may be transferred under this
paragraph only if the metropolitan planning
organization designated for the area concurs,
in writing, with the transfer request.
(5) 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 are transferred under this
subsection.
* * * * * * *
(m) Planning Capacity Building Initiative.--
(1) In general.--The Secretary shall carry out a
planning capacity building initiative to support
enhancements in transportation planning to--
(A) strengthen the processes and products
of metropolitan and statewide transportation
planning under this title;
(B) enhance tribal capacity to conduct
joint transportation planning under chapter 2;
(C) participate in the metropolitan and
statewide transportation planning programs
under this title; and
(D) increase the knowledge and skill level
of participants in metropolitan and statewide
transportation.
(2) Priority.--The Secretary shall give priority to
planning practices and processes that support--
(A) the transportation elements of homeland
security planning, including--
(i) training and best practices
relating to emergency evacuation;
(ii) developing materials to assist
areas in coordinating emergency
management and transportation
officials; and
(iii) developing training on how
planning organizations may examine
security issues;
(B) performance-based planning, including--
(i) data and data analysis
technologies to be shared with States,
metropolitan planning organizations,
local governments, and nongovernmental
organizations that--
(I) participate in
transportation planning;
(II) use the data and data
analysis to engage in
metropolitan, tribal, or
statewide transportation
planning;
(III) involve the public in
the development of
transportation plans, projects,
and alternative scenarios; and
(IV) develop strategies to
avoid, minimize, and mitigate
the impacts of transportation
facilities and projects; and
(ii) improvement of the quality of
congestion management systems,
including the development of--
(I) a measure of
congestion;
(II) a measure of
transportation system
reliability; and
(III) a measure of induced
demand;
(C) safety planning, including--
(i) development of State strategic
safety plans consistent with section
148;
(ii) incorporation of work zone
safety into planning; and
(iii) training in the development
of data systems relating to highway
safety;
(D) operations planning, including--
(i) developing training of the
integration of transportation system
operations and management into the
transportation planning process; and
(ii) training and best practices
relating to regional concepts of
operations;
(E) freight planning, including--
(i) modeling of freight at a
regional and statewide level; and
(ii) techniques for engaging the
freight community with the planning
process;
(F) air quality planning, including--
(i) assisting new and existing
nonattainment and maintenance areas in
developing the technical capacity to
perform air quality conformity
analysis;
(ii) providing training on areas
such as modeling and data collection to
support air quality planning and
analysis;
(iii) developing concepts and
techniques to assist areas in meeting
air quality performance timeframes; and
(iv) developing materials to
explain air quality issues to
decisionmakers and the public; and
(G) integration of environment and
planning.
(3) Use of funds.--The Secretary shall use amounts
made available under paragraph (4) to 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 for research, program
development, information collection and dissemination,
and technical assistance.
(4) Set-aside.--
(A) In general.--On October 1 of each
fiscal year, of the funds made available under
subsection (a), the Secretary shall set aside
$4,000,000 to carry out this subsection.
(B) Federal share.--The Federal share of
the cost of an activity carried out using funds
made available under subparagraph (A) shall be
100 percent.
(C) Availability.--Funds made available
under subparagraph (A) shall remain available
until expended.
(n) Bicycle and Pedestrian Safety Grants.--On October 1 of
each of fiscal years 2004 through 2009, the Secretary, after
making the deductions authorized by subsections (a) and (f),
shall set aside $500,000 of the remaining funds apportioned
under subsection (b)(3) for use in carrying out the bicycle and
pedestrian safety grant program under section 217.
* * * * * * *
Sec. 105. Minimum guarantee
[(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the total
apportionments for such fiscal year of Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation, metropolitan
planning, minimum guarantee, high priority projects,
Appalachian development highway system, and recreational trails
programs shall equal the percentage listed for each State in
subsection (b). The minimum amount allocated to a State under
this section for a fiscal year shall be $1,000,000.
[(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
[States: Percentage
[Alabama.................................................. 2.0269
[Alaska................................................... 1.1915
[Arizona.................................................. 1.5581
[Arkansas................................................. 1.3214
[California............................................... 9.1962
[Colorado................................................. 1.1673
[Connecticut.............................................. 1.5186
[Delaware................................................. 0.4424
[District of Columbia..................................... 0.3956
[Florida.................................................. 4.6176
[Georgia.................................................. 3.5104
[Hawaii................................................... 0.5177
[Idaho.................................................... 0.7718
[Illinois................................................. 3.3819
[Indiana.................................................. 2.3588
[Iowa..................................................... 1.2020
[Kansas................................................... 1.1717
[Kentucky................................................. 1.7365
[Louisiana................................................ 1.5900
[Maine.................................................... 0.5263
[Maryland................................................. 1.5087
[Massachusetts............................................ 1.8638
[Michigan................................................. 3.1535
[Minnesota................................................ 1.4993
[Mississippi.............................................. 1.2186
[Missouri................................................. 2.3615
[Montana.................................................. 0.9929
[Nebraska................................................. 0.7768
[Nevada................................................... 0.7248
[New Hampshire............................................ 0.5163
[New Jersey............................................... 2.5816
[New Mexico............................................... 0.9884
[New York................................................. 5.1628
[North Carolina........................................... 2.8298
[North Dakota............................................. 0.6553
[Ohio..................................................... 3.4257
[Oklahoma................................................. 1.5419
[Oregon................................................... 1.2183
[Pennsylvania............................................. 4.9887
[Rhode Island............................................. 0.5958
[South Carolina........................................... 1.5910
[South Dakota............................................. 0.7149
[Tennessee................................................ 2.2646
[Texas.................................................... 7.2131
[Utah..................................................... 0.7831
[Vermont.................................................. 0.4573
[Virginia................................................. 2.5627
[Washington............................................... 1.7875
[West Virginia............................................ 1.1319
[Wisconsin................................................ 1.9916
[Wyoming.................................................. 0.6951
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[(c) Treatment of Funds.--
[(1) Programmatic distribution.--The Secretary
shall apportion the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each
program referred to in subsection (a) (other than
metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and
recreational trails programs) 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
subsection (a) (other than metropolitan
planning, minimum guarantee, high priority
projects, Appalachian development highway
system, and recreational trails programs) for a
fiscal year; bears to
[(B) the total amount of funds apportioned
to each State for such program 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 requirements of paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts administered pursuant to this paragraph.
[(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out
this section for each of fiscal years 1998 through 2003.
[(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
[(f) Guarantee of 90.5 Return.--
[(1) In general.--Before making any apportionment
under this title for each of fiscal years 1999 through
2003, the Secretary, subject to paragraph (2), shall
adjust the percentages in the table in subsection (b)
to reflect the estimated percentage of estimated tax
payments attributable to highway users in each State
paid into the Highway Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for which
data is available, to ensure that no State's percentage
return from such Trust Fund is less than 90.5 percent.
[(2) Eligibility threshold for initial
adjustment.--The Secretary may make an adjustment under
paragraph (1) for a State for a fiscal year only if the
State's percentage return from the Highway Trust Fund
(other than the Mass Transit Account) in the table in
subsection (b) was equal to 90.5 percent.
[(3) Conforming adjustments.--After making any
adjustments under paragraph (1) for a fiscal year, the
Secretary shall proportionately adjust the remaining
percentages in the table in subsection (b) to ensure
that the total of the percentages in the table is equal
to 100 percent for such fiscal year.
[(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's
percentage return from the Highway Trust Fund (other
than the Mass Transit Account) is less than 90.5
percent as a result of such adjustments and shall
adjust the percentages in the table for such fiscal
year accordingly. Adjustments of the percentages in the
table under this paragraph may not result in the total
of such percentages exceeding 100 percent.]
(a) General Rule.--For each of fiscal years 2004 through
2009, the Secretary shall ensure that the percentage of
apportionments of each State is sufficient to ensure that,
based on the percentage of tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available, no State's percentage return from the
Highway Trust Fund is less than 90.5 percent.
(b) Apportionments--In making an apportionment described in
subsection (a) for a fiscal year, the Secretary shall ensure
that the rate of return of each State from the Highway Trust
Fund includes the total apportionments made for the fiscal year
for--
(1) the Interstate maintenance program under
section 119;
(2) the National Highway System under section 103;
(3) the bridge program under section 144;
(4) the surface transportation program under
section 133;
(5) the congestion mitigation and air quality
improvement program under section 149;
(6) the highway safety improvement program under
section 148;
(7) the Appalachian development highway system
program under section 170;
(8) the recreational trails program under section
206;
(9) the infrastructure performance and maintenance
program under section 139;
(10) the metropolitan planning program under
section 104(f);
(11) the equity bonus program under this section;
(12) the high priority projects program under
section 1601 of the Transportation Equity Act for the
21st Century (112 Stat. 255);
(13) the safe routes to school program under
section 150; and
(14) the railway-highway crossings under section
130.
* * * * * * *
Sec. 106. Project approval and oversight
(a) In General.--
(1) Submission of plans, specifications, and
estimates.--Except as otherwise provided in this
section, each State transportation department shall
submit to the Secretary for approval such plans,
specifications, and estimates for each proposed project
as the Secretary may require.
(2) Project agreement.--The Secretary shall act on
the plans, specifications, and estimates as soon as
practicable after the date of their submission and
shall enter into a formal project agreement with the
State transportation department formalizing the
conditions of the project approval.
(3) Contractual obligation.--The execution of the
project agreement shall be deemed a contractual
obligation of the Federal Government for the payment of
the Federal share of the cost of the project.
(4) Guidance.--In taking action under this
subsection, the Secretary shall be guided by section
109.
(b) Project Agreement.--
(1) Provision of state funds.--The project
agreement shall make provision for State funds required
to pay the State's non-Federal share of the cost of
construction of the project and to pay for maintenance
of the project after completion of construction.
(2) Representations of state.--If a part of the
project is to be constructed at the expense of, or in
cooperation with, political subdivisions of the State,
the Secretary may rely on representations made by the
State transportation department with respect to the
arrangements or agreements made by the State
transportation department and appropriate local
officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
(c) Assumption by States of Responsibilities of the
Secretary.--
(1) Non-interstate nhs projects.--For projects
under this title that are on the National Highway
System but not on the Interstate System, the State may
assume the responsibilities of the Secretary under this
title for design, plans, specifications, estimates,
contract awards, and inspections of projects unless the
State or the Secretary determines that such assumption
is not appropriate.
(2) Non-nhs projects.--For projects under this
title that are not on the National Highway System, the
State shall assume the responsibilities of the
Secretary under this title for design, plans,
specifications, estimates, contract awards, and
inspection of projects, unless the State determines
that such assumption is not appropriate.
(3) Agreement.--The Secretary and the State shall
enter into an agreement relating to the extent to which
the State assumes the responsibilities of the Secretary
under this subsection.
(4) Limitation on authority of secretary.--The
Secretary may not assume any greater responsibility
than the Secretary is permitted under this title on
September 30, 1997, except upon agreement by the
Secretary and the State.
(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or discharge
any responsibility or obligation of the Secretary under--
(1) section 113 or 114; or
(2) any Federal law other than this title
(including section 5333 of title 49).
[(e) Value Engineering Analysis.--For such projects as the
Secretary determines advisable, plans, specifications, and
estimates for proposed projects on any Federal-aid highway
shall be accompanied by a value engineering analysis or other
cost reduction analysis.]
(e) Value Engineering Analysis.--
(1) Definition of value engineering analysis.--
(A) In general.--In this subsection, the
term `value engineering analysis' means a
systematic process of review and analysis of a
project, during the design phase, by a
multidisciplined team of persons not involved
in the project, that is conducted to provide
recommendations such as recommendations
described in subparagraph (B) for--
(i) reducing the total cost of the
project; and
(ii) improving the quality of the
project.
(B) Inclusions.--The recommendations
referred to in subparagraph (A) include, with
respect to a project--
(i) combining or eliminating
otherwise inefficient use of expensive
parts of the original proposal design
for the project; and
(ii) completely redesigning the
project using different technologies,
materials, or methods so as to
accomplish the original purpose of the
project.
(2) Analysis.--The State shall provide a value
engineering analysis or other cost-reduction analysis
for--
(A) each project on the Federal-Aid System
with an estimated total cost of $25,000,000 or
more;
(B) a bridge project with an estimated
total cost of $20,000,000 or more; and
(C) any other project the Secretary
determines to be appropriate.
(3) Major projects.--The Secretary may require more
than 1 analysis described in paragraph (2) for a major
project described in subsection (h).
(4) Requirements.--Analyses described in paragraph
(1) for a bridge project shall--
(A) include bridge substructure
requirements based on construction material;
and
(B) be evaluated--
(i) on engineering and economic
bases, taking into consideration
acceptable designs for bridges; and
(ii) using an analysis of life-
cycle costs and duration of project
construction.
(f) Life-Cycle Cost Analysis.--
(1) Use of life-cycle cost analysis.--The Secretary
shall develop recommendations for the States to conduct
life-cycle cost analyses. The recommendations shall be
based on the principles contained in section 2 of
Executive Order No. 12893 and shall be developed in
consultation with the American Association of State
Highway and Transportation Officials. The Secretary
shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the
recommendations required under this subsection.
(2) Life-cycle cost analysis defined.--In this
subsection, the term ``life-cycle cost analysis'' means
a process for evaluating the total economic worth of a
usable project segment by analyzing initial costs and
discounted future costs, such as maintenance, user
costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project
segment.
[(g) Value Engineering for NHS.--
[(1) Requirement.--The Secretary shall establish a
program to require States to carry out a value
engineering analysis for all projects on the National
Highway System with an estimated total cost of
$25,000,000 or more.
[(2) Value engineering defined.--In this
subsection, the term ``value engineering analysis''
means a systematic process of review and analysis of a
project during its design phase by a multidisciplined
team of persons not involved in the project in order to
provide suggestions for reducing the total cost of the
project and providing a project of equal or better
quality. Such suggestions may include combining or
eliminating otherwise inefficient or expensive parts of
the original proposed design for the project and total
redesign of the proposed project using different
technologies, materials, or methods so as to accomplish
the original purpose of the project.
[(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.]
(g) Oversight Program.--
(1) Program.--
(A) In general.--The Secretary shall
establish an oversight program to monitor the
effective and efficient use of funds made
available under this title.
(B) Minimum requirements.--At a minimum,
the program shall monitor and respond to all
areas relating to financial integrity and
project delivery.
(2) Financial integrity.--
(A) Financial management systems.--
(i) In general.--The Secretary
shall perform annual reviews of the
financial management systems of State
transportation departments that affect
projects approved under subsection (a).
(ii) Review areas.--In carrying out
clause (i), the Secretary shall use
risk assessment procedures to identify
areas to be reviewed.
(B) Project costs.--The Secretary shall--
(i) develop minimum standards for
estimating project costs; and
(ii) periodically evaluate
practices of the States for--
(I) estimating project
costs;
(II) awarding contracts;
and
(III) reducing project
costs.
(C) Responsibility of the states.--
(i) In general.--Each State shall
be responsible for ensuring that
subrecipients of Federal funds within
the State under this section have--
(I) sufficient accounting
controls to properly manage the
Federal funds; and
(II) adequate project
delivery systems for projects
approved under this section.
(ii) Review by secretary.--The
Secretary shall periodically review
monitoring by the States of those
subrecipients.
(3) Project delivery.--The Secretary shall--
(A) perform annual reviews of the project
delivery system of each State, including
analysis of 1 or more activities that are
involved in the life cycle of a project; and
(B) employ risk assessment procedures to
identify areas to be reviewed.
(4) Specific oversight responsibilities.--Nothing
in this section discharges or otherwise affects any
oversight responsibility of the Secretary--
(A) specifically provided for under this
title or other Federal law; or
(B) for the design and construction of all
Appalachian development highways under section
14501 of title 40 or section 170 of this title.
(h) Major Projects.--
(1) In general.--Notwithstanding any other
provision of this section, a recipient of Federal
financial assistance for a project under this title
with an estimated total cost of $1,000,000,000 or more,
and recipients for such other projects as may be
identified by the Secretary, shall submit to the
Secretary for each project--
(A) a project management plan; and
(B) an annual financial plan.
(2) Project management plan.--A project management
plan shall document--
(A) the procedures and processes that are
in effect to provide timely information to the
project decisionmakers to effectively manage
the scope, costs, schedules, and quality of,
and the Federal requirements applicable to, the
project; and
(B) the role of the agency leadership and
management team in the delivery of the project.
(3) Financial plan.--A financial plan shall--
(A) be based on detailed estimates of the
cost to complete the project; and
(B) provide for the annual submission of
updates to the Secretary that are based on
reasonable assumptions, as determined by the
Secretary, of future increases in the cost to
complete the project.
(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title that receives
$100,000,000 or more in Federal assistance for the project, and
that is not covered by subsection (h), shall prepare, and make
available to the Secretary at the request of the Secretary, an
annual financial plan for the project.
* * * * * * *
Sec. 108. Advance acquisition of real property
(a) * * *
* * * * * * *
(d) Critical Real Property Acquisition.--
(1) In general.--Subject to paragraph (2), funds
apportioned to a State under this title may be used to
pay the costs of acquiring any real property that is
determined to be critical under paragraph (2) for a
project proposed for funding under this title.
(2) Reimbursement.--The Federal share of the costs
referred to in paragraph (1) shall be eligible for
reimbursement out of funds apportioned to a State under
this title if, before the date of acquisition, the
Secretary determines that--
(A) the property is offered for sale on the
open market;
(B) in acquiring the property, the State
will comply with the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.);
and
(C) immediate acquisition of the property
is critical because--
(i) based on an appraisal of the
property, the value of the property is
increasing significantly;
(ii) there is an imminent threat of
development or redevelopment of the
property; and
(iii) the property is necessary for
the implementation of the goals stated
in the proposal for the project.
(3) Applicable law.--An acquisition of real
property under this section shall be considered to be
an exempt project under section 176 of the Clean Air
Act (42 U.S.C. 7506).
(4) Environmental review.--
(A) In general.--A project proposed to be
conducted under this title shall not be
conducted on property acquired under paragraph
(1) until any required environmental reviews
for the project have been completed.
(B) Effect on consideration of project
alternatives.--The number of critical
acquisitions of real property associated with a
project shall not affect the consideration of
project alternatives during the environmental
review process.
(5) Proceeds from the sale or lease of real
property.--Section 156(c) shall not apply to the sale,
use, or lease of any real property acquired under
paragraph (1).
Sec. 109. Standards
(a) In General.--The Secretary shall ensure that the plans
and specifications for each proposed highway project under this
chapter provide for a facility that will--
(1) adequately serve the existing and planned
future traffic of the highway in a manner that is
conducive to safety, durability, and economy of
maintenance; [and]
(2) be designed and constructed in accordance with
criteria best suited to accomplish the objectives
described in paragraph (1) and to conform to the
particular needs of each locality[.] ; and
(3) consider the preservation, historic, scenic,
natural environmental, and community values.
(b) The geometric and construction standards to be adopted
for the Interstate System shall be those approved by the
Secretary in cooperation with the State transportation
departments. Such standards, as applied to each actual
construction project, shall be adequate to enable such project
to accommodate the types and volumes of traffic anticipated for
such project for the twenty-year period commencing on the date
of approval by the Secretary, under section 106 of this title,
of the plans, specifications, and estimates for actual
construction of such project. Such standards shall in all cases
provide for at least four lanes of traffic. The right-of-way
width of the Interstate System shall be adequate to permit
construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System.--
(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance
resurfacing), restoration, or rehabilitation of a
highway on the National Highway System (other than a
highway also on the Interstate System) may take into
account, in addition to the criteria described in
subsection (a)--
(A) the constructed and natural environment
of the area;
(B) the environmental, scenic, aesthetic,
historic, community, and preservation impacts
of the activity; and
(C) access for other modes of
transportation.
(2) Development of criteria.--The Secretary, in
cooperation with State transportation departments, may
develop criteria to implement paragraph (1). In
developing criteria under this paragraph, the Secretary
shall [consider the results] consider--
(A) the results of the committee process of
the American Association of State Highway and
Transportation Officials as used in adopting
and publishing ``A Policy on Geometric Design
of Highways and Streets'', including comments
submitted by interested parties as part of such
process.
(B) the publication entitled ``Flexibility
in Highway Design'' of the Federal Highway
Administration;
(C) ``Eight Characteristics of Process to
Yield Excellence and the Seven Qualities of
Excellence in Transportation Design'' developed
by the conference held during 1998 entitled
``Thinking Beyond the Pavement National
Workshop on Integrating Highway Development
with Communities and the Environment while
Maintaining Safety and Performance''; and
(D) any other material that the Secretary
determines to be appropriate.
* * * * * * *
(g) [The Secretary shall issue within 30 days after the day
of enactment of the Federal-Aid Highway Act of 1970] Not later
than January 30, 1971, the Secretary shall issue guidelines for
minimizing possible soil erosion from highway construction.
Such guidelines shall apply to all proposed projects with
respect to which plans, specifications, and estimates are
approved by the Secretary after the issuance of such
guidelines.
* * * * * * *
[(p) Scenic and Historic Values.--Notwithstanding
subsections (b) and (c), the Secretary may approve a project
for the National Highway System if the project is designed to--
[(1) allow for the preservation of environmental,
scenic, or historic values;
[(2) ensure safe use of the facility; and
[(3) comply with subsection (a).]
(p) Context Sensitive Design.--
(1) In general.--The Secretary shall encourage
States to design projects funded under this title
that--
(A) allow for the preservation of
environmental, scenic, or historic values;
(B) ensure the safe use of the facility;
(C) provide for consideration of the
context of the locality;
(D) encourage access for other modes of
transportation; and
(E) comply with subsection (a).
(2) Approval by secretary.--Notwithstanding
subsections (b) and (c), the Secretary may approve a
project described in paragraph (1) for the National
Highway System if the project is designed to achieve
the criteria specified in that paragraph.
* * * * * * *
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 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)) for fiscal year [2000]
2006 or any fiscal year thereafter is less than zero,
the Secretary on October 1 of [the succeeding] that
fiscal year shall reduce proportionately the amount of
sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) 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, and subchapter I of chapter
311 of title 49 for a fiscal year, bears to]
(A) the sums authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) for each of the Federal-
aid highway and highway safety construction
programs (other than the equity bonus program)
and for which funds are allocated from the
Highway Trust Fund by the Secretary under this
title and the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003;
bears to
(B) the total of all sums authorized to be
appropriated from such Trust Fund for such
programs for such fiscal year;
(2) multiply the ratio determined under paragraph
(1) by the total amount of funds to be allocated under
subsection (a)(1) for such fiscal year;
(3) allocate the amount determined under paragraph
(2) among such programs in the ratio that--
(A) the sums authorized to be appropriated
from such Trust Fund for each of such programs
for such fiscal year, bears to
(B) the sums authorized to be appropriated
from such Trust Fund for all such programs for
such fiscal year; and
(4) allocate the remainder of the funds to be
allocated under subsection (a)(1) for such fiscal year
to the States in the ratio that--
(A) the total of all funds authorized to be
appropriated from such Trust Fund for Federal-
aid highway and highway safety construction
programs that are apportioned to each State for
such fiscal year but for this section, bears to
(B) the total of all funds authorized to be
appropriated from such Trust Fund for such
programs that are apportioned to all States for
such fiscal year but for this section.
(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are
apportioned for the Interstate and National Highway System
program, the bridge program, the surface transportation
program, the highway safety improvement program and the
congestion mitigation air quality improvement program in the
same ratio that each State is apportioned funds for such
programs for such fiscal year but for this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for fiscal years beginning after September 30,
1998.
[(e) After making any calculation necessary to implement
this section for fiscal year 2001, the amount available under
paragraph (a)(1) shall be increased by $128,752,000. The
amounts added under this subsection shall not apply to any
calculation in any other fiscal year.
[(f) For fiscal year 2001, prior to making any distribution
under this section, $22,029,000 of the allocation under
paragraph (a)(1) shall be available only for each program
authorized under chapter 53 of title 49, United States Code,
and title III of Public Law 105-178, in proportion to each such
program's share of the total authorization in section 5338
(other than 5338(h)) of such title and sections 3037 and 3038
of such Public Law, under the terms and conditions of chapter
53 of such title.
[(g) For fiscal year 2001, prior to making any distribution
under this section, $399,000 of the allocation under paragraph
(a)(1) shall be available only for motor carrier safety
programs under sections 31104 and 31107 of title 49, United
States Code; $274,000 for NHTSA operations and research under
section 403 of title 23, United States Code; and $787,000 for
NHTSA highway traffic safety grants under chapter 4 of title
23, United States Code.]
* * * * * * *
Sec. 111. Agreements relating to use of and access to rights-of-way--
Interstate System
(a) In General.--* * *
* * * * * * *
(d) Idling Reduction Facilities in Interstate Rights-of-
Way.--
(1) In general.--Notwithstanding subsection (a), a
State may--
(A) permit electrification or other idling
reduction facilities and equipment, for use by
motor vehicles used for commercial purposes, to
be placed in rest and recreation areas, and in
safety rest areas, constructed or located on
rights-of-way of the Interstate System in the
State; and
(B) may charge, or permit charges, for the
use of those facilities.
(2) Purpose.--The exclusive purpose of the
facilities described in paragraph (1) (or similar
technologies) shall be to enable operators of motor
vehicles used for commercial purposes--
(A) to turn off their engines while parked;
and
(B) to have heating, air conditioning,
electricity, and communication services in the
vehicle without use of the engine.
* * * * * * *
Sec. 112. Letting of contracts
(a) In all cases where the construction is to be performed
by the State transportation department or under its
supervision, a request for submission of bids shall be made by
advertisement unless some other method is approved by the
Secretary. The Secretary shall require such plans and
specifications and such methods of bidding as shall be
effective in securing competition.
(b) Bidding Requirements.--
(1) In general.--Subject to paragraphs (2) and (3),
construction of each project, subject to the provisions
of subsection (a) of this section, shall be performed
by contract awarded by competitive bidding, unless the
State transportation department demonstrates, to the
satisfaction of the Secretary, that some other method
is more cost effective or that an emergency exists.
Contracts for the construction of each project shall be
awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility. No requirement or obligation shall be
imposed as a condition precedent to the award of a
contract to such bidder for a project, or to the
Secretary's concurrence in the award of a contract to
such bidder, unless such requirement or obligation is
otherwise lawful and is specifically set forth in the
advertised specifications.
(2) Contracting for engineering and design
services.--
(A) General rule.--Subject to paragraph
(3), each contract for program management,
construction management, feasibility studies,
preliminary engineering, design, engineering,
surveying, mapping, or architectural related
services with respect to a project subject to
the provisions of subsection (a) of this
section shall be awarded in the same manner as
a contract for architectural and engineering
services is negotiated under chapter 11 of
title 40 or equivalent State qualifications-
based requirements.
(B) Applicability.--
(i) In a complying state.--If, on
the date of the enactment of this
paragraph, the services described in
subparagraph (A) may be awarded in a
State in the manner described in
subparagraph (A), subparagraph (A)
shall apply in such State beginning on
such date of enactment.
(ii) In a noncomplying state.--In
the case of any other State,
subparagraph (A) shall apply in such
State beginning on the earlier of (I)
August 1, 1989, or (II) the 10th day
following the close of the 1st regular
session of the legislature of a State
which begins after the date of the
enactment of this paragraph.
(C) Performance and audits.--Any contract
or subcontract awarded in accordance with
subparagraph (A), whether funded in whole or in
part with Federal-aid highway funds, shall be
performed and audited in compliance with cost
principles contained in the Federal Acquisition
Regulations of part 31 of title 48, Code of
Federal Regulations.
(D) Indirect cost rates.--Instead of
performing its own audits, a recipient of funds
under a contract or subcontract awarded in
accordance with subparagraph (A) shall accept
indirect cost rates established in accordance
with the Federal Acquisition Regulations for 1-
year applicable accounting periods by a
cognizant Federal or State government agency,
if such rates are not currently under dispute.
(E) 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 of any kind.
(F) Prenotification; confidentiality of
data.--A recipient of funds requesting or using
the cost and rate data described in
subparagraph (E) 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 which 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.
(G) State option.--Subparagraphs (C), (D),
(E), and (F) shall take effect 1 year after the
date of the enactment of this subparagraph;
except that if a State, during such 1-year
period, adopts by statute an alternative
process intended to promote engineering and
design quality and ensure maximum competition
by professional companies of all sizes
providing engineering and design services, such
subparagraphs shall not apply with respect to
the State. If the Secretary determines that the
legislature of the State did not convene and
adjourn a full regular session during such 1-
year period, the Secretary may extend such 1-
year period until the adjournment of the next
regular session of the legislature.
(3) Design-build contracting.--
(A) In general.--A State transportation
department or local transportation agency may
award a design-build contract for a qualified
project described in subparagraph (C) using any
procurement process permitted by applicable
State and local law.
(B) Limitation on final design.--Final
design under a design-build contract referred
to in subparagraph (A) shall not commence
before compliance with section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332).
[(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 (including
intermodal facilities) for which the Secretary
has approved the use of design-build
contracting under criteria specified in
regulations promulgated by the Secretary.
(D) 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.
(c) The Secretary shall require as a condition precedent to
his approval of each contract awarded by competitive bidding
pursuant to subsection (b) of this section, and subject to the
provisions of this section, a sworn statement, executed by, or
on behalf of, the person, firm, association, or corporation to
whom such contract is to be awarded, certifying that such
person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding in connection with such
contract.
(d) No contract awarded by competitive bidding pursuant to
subsection (b) of this section, and subject to the provisions
of this section, shall be entered into by any State
transportation department or local subdivision of the State
without compliance with the provisions of this section, and
without the prior concurrence of the Secretary in the award
thereof.
(e) Standardized Contract Clause Concerning Site
Conditions.--
(1) General rule.--The Secretary shall issue
regulations establishing and requiring, for inclusion
in each contract entered into with respect to any
project approved under section 106 of this title a
contract clause, developed in accordance with
guidelines established by the Secretary, which
equitably addresses each of the following:
(A) Site conditions.
(B) Suspensions of work ordered by the
State (other than a suspension of work caused
by the fault of the contractor or by weather).
(C) Material changes in the scope of work
specified in the contract.
The guidelines established by the Secretary shall not
require arbitration.
(2) Limitation on applicability.--
(A) State law.--Paragraph (1) shall apply
in a State except to the extent that such State
adopts or has adopted by statute a formal
procedure for the development of a contract
clause described in paragraph (1) or adopts or
has adopted a statute which does not permit
inclusion of such a contract clause.
(B) Design-build contracts.--Paragraph (1)
shall not apply to any design-build contract
approved under subsection (b)(3).
[(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.
* * * * * * *
Sec. 114. Construction
(a) Construction Work In General.--The construction of any
[highways or portions of highways located on a Federal-aid
system] Federal-aid highway or a portion of a Federal-aid
highway shall be undertaken by the respective State
transportation departments or under their direct supervision.
[Except as provided in section 117 of this title, 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.] The Secretary
shall have the right to conduct such inspections and take such
corrective action as the Secretary determines to be
appropriate. 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.
* * * * * * *
Sec. 115. Advance construction
[(a) Congestion Mitigation and Air Quality Improvement,
Surface Transportation, Bridge, Planning, and Research
Projects.--
[(1) General rule.--Subject to paragraph (2), when
a State--
[(A)(i) has obligated all funds apportioned
or allocated to it under section 104(b)(2),
104(b)(3), 104(f), 144, or 505 of this title,
or
[(ii) has used or demonstrates that it will
use all obligation authority allocated to it
for Federal-aid highways and highway safety
construction, and
[(B) proceeds with a project funded under
such an apportionment or allocation without the
aid of Federal funds in accordance with all
procedures and all requirements applicable to
such a project, except insofar as such
procedures and requirements limit the State to
implementation of projects with the aid of
Federal funds previously apportioned or
allocated to it or limit a State to
implementation of a project with obligation
authority previously allocated to it for
Federal-aid highways and highway safety
construction,
[the Secretary, upon approval of an application of the
State, is authorized to pay to the State the Federal
share of the cost of the project when additional funds
are apportioned or allocated to the State under such
section or when additional obligation authority is
allocated to it.]
(a) In General.--The Secretary may authorize a State to
proceed with a project authorized under this title--
(1) without the use of Federal funds; and
(2) in accordance with all procedures and
requirements applicable to the project other than those
procedures and requirements that limit the State to
implementation of a project--
(A) with the aid of Federal funds
previously apportioned or allocated to the
State; or
(B) with obligation authority previously
allocated to the State.
(b) Obligation of Federal Share.--The Secretary, on the
request of a State and execution of a project agreement, may
obligate all or a portion of the Federal share of the project
authorized under this section from any category of funds for
which the project is eligible.
[(2)]
(c) Plans, specifications, and applicable standards.--The
Secretary may only make payments to a State with respect to a
project if--
[(A)]
(1) prior to commencement of the project the
Secretary approves the project in the same manner as
the Secretary approves other projects, and
[(B)]
(2) the project conforms to the applicable
standards under this title.
[(b) Interstate and National Highway System Projects.--
When a State proceeds to construct any project on the National
Highway System or the Interstate System without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such a project, except insofar as
such procedures and requirements limit the State to the
construction of projects with the aid of Federal funds
previously apportioned to it, the Secretary, upon approval of
application of the State, is authorized to pay to the State the
Federal share of the cost of construction of the project when
additional funds are apportioned to the State under section
104(b)(1) or 104(b)(4), as the case may be, if--
[(1) prior to the construction of the project the
Secretary approves the plans and specifications
therefor in the same manner as other projects, and
[(2) the project conforms to the applicable
standards under section 109 of this title.]
[(c)] (d) Inclusion in Transportation Improvement
Program.--The Secretary may approve an application for a
project under this section only if the project is included in
the transportation improvement program of the State developed
under section 135(f).
* * * * * * *
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 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.
(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.
[(d) Delegation to States.--Subject to the provisions of
this title, the Secretary shall delegate responsibility for
carrying out a project or projects, with funds made available
to carry out this section, to the State in which such project
or projects are located upon request of such State.]
[(e)] (d) 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 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.
[(f)] (e) Period of Availability.--Funds made available to
carry out this section shall remain available until expended.
[(g)] (f) 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.
[(h)] (g) Treatment.--Funds allocated to a State in
accordance with this section shall be treated as amounts in
addition to the amounts a State is apportioned under sections
104, 105, and 144 for programmatic purposes.
* * * * * * *
Sec. 118. Availability of funds
(a) Date Available for Obligation.--Except as otherwise
specifically provided, authorizations from the Highway Trust
Fund (other than the Mass Transit Account) to carry out this
title 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.
(b) Period of Availability.--
(1) Interstate construction funds.--Funds
apportioned or allocated for Interstate construction in
a State (other than Massachusetts) shall remain
available for obligation in that State until the last
day of the fiscal year in which they are apportioned or
allocated. Sums not obligated by the last day of the
fiscal year in which they are apportioned or allocated
shall be allocated to other States, except
Massachusetts, at the discretion of the Secretary. All
sums apportioned or allocated on or after October 1,
1994, shall remain available in the State until
expended. All sums apportioned or allocated to
Massachusetts on or after October 1, 1989, shall remain
available until expended.
(2) Other funds.--Except as otherwise specifically
provided, funds apportioned or allocated pursuant to
this title (other than for Interstate construction) 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 or allocated that remain
unobligated at the end of that period shall lapse.
(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] $100,000,000
for each of fiscal years 2004 through 2009 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)]
Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003) 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) 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.]
(d) Obligation and Release of Funds.--
(1) In general.--Funds apportioned or allocated to
a State for a particular purpose for any fiscal year
shall be considered to be obligated if a sum equal to
the total of the funds apportioned or allocated to the
State for that purpose for that fiscal year and
previous fiscal years is obligated.
(2) Released funds.--Any funds released by the
final payment for a project, or by modifying the
project agreement for a project, shall be--
(A) credited to the same class of funds
previously apportioned or allocated to the
State; and
(B) immediately available for obligation.
(3) Net obligations.--Notwithstanding any other
provision of law (including a regulation), obligations
recorded against funds made available under this
section shall be recorded and reported as net
obligations.
(e) 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) Interstate System Projects.-- * * *
* * * * * * *
[(d) The Secretary may rely on a statement from the
Secretary of the Interior as to the area of the lands referred
to in subsections (a) and (b) of this section. The Secretary of
the Interior is authorized and directed to provide such
statement annually.]
(d) Increased Federal Share.--
(1) In general.--The Federal share payable under
subsection (a) or (b) may be increased for projects and
activities in each State in which is located--
(A) nontaxable Indian land;
(B) public land (reserved or unreserved);
(C) a national forest; or
(D) a national park and monument.
(2) Amount.--
(A) In general.--The Federal share for
States described in paragraph (1) shall be
increased by a percentage of the remaining cost
that--
(i) is equal to the percentage
that--
(I) the area of all land
described in paragraph (1) in a
State; bears to
(II) the total area of the
State; but
(ii) does not exceed 95 percent of
the total cost of the project or
activity for which the Federal share is
provided.
(B) Adjustment.--The Secretary shall adjust
the Federal share for States under subparagraph
(A) as the Secretary determines necessary, on
the basis of data provided by the Federal
agencies that are responsible for maintaining
the data.
(C) Decreased federal share.--Unless the
State voluntarily agrees to a decreased Federal
share, the Secretary shall provide the maximum
Federal share allowable under subsections (a)
and (b), as adjusted by this subsection.
(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 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]
National Forest System roads and trails, park roads and trails,
parkways, [public lands highways,] public lands highways,
recreation roads 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.
* * * * * * *
(k) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, the funds
appropriated to any Federal land management agency may be used
to pay the non-Federal share of the cost of any [Federal-aid
highway] project the Federal share of which is funded under
[section 104] this title or chapter 53 of title 49.
(l) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the Federal lands
highways program under section 204 may be used to pay the non-
Federal share of the cost of any project that is funded under
[section 104] this title or chapter 53 of title 49 and that
provides access to or within Federal or Indian lands.
(m) Increased Federal Share for Connectors.--In the case of
a project to support a National Highway System intermodal
freight connection or strategic highway network connector to a
strategic military deployment port described in section
103(b)(7), the Federal share of the total cost of the project
shall be 90 percent.
* * * * * * *
Sec. 125. Emergency relief
(a) General Eligibility.--Subject to this section and
section 120, an emergency fund is authorized for expenditure by
the Secretary for the repair or reconstruction of highways,
roads, and trails, in any part of the United States, including
Indian reservations, that the Secretary finds have suffered
serious damage as a result of--
(1) natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility.--In no event shall funds be
used pursuant to this section for the repair or reconstruction
of bridges that have been permanently closed to all vehicular
traffic by the State or responsible local official because of
imminent danger of collapse due to a structural deficiency or
physical deterioration.
(c) Funding.--Subject to the following limitations, there
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to establish the fund authorized by this section and
to replenish it on an annual basis:
(1) Not more than [$100,000,000] $300,000,000 is
authorized to be obligated in any 1 fiscal year
commencing after September 30, 1980, to carry out the
provisions of this section; except that, if in any
fiscal year the total of all obligations under this
section is less than the amount authorized to be
obligated in such fiscal year, the unobligated balance
of such amount shall remain available until expended
and shall be in addition to amounts otherwise available
to carry out this section each year.
(2) Pending such appropriation or replenishment,
the Secretary may obligate from any funds heretofore or
hereafter appropriated for obligation in accordance
with this title, including existing Federal-aid
appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized.
Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.
(d) The Secretary may expend funds from the emergency fund
herein authorized for the repair or reconstruction of highways
on Federal-aid highways in accordance with the provisions of
this chapter: Provided, That (1) obligations for projects under
this section, including those on highways, roads, and trails
mentioned in subsection (e) of this section, resulting from a
single natural disaster or a single catastrophic failure in a
State shall not exceed $100,000,000, and (2) the total
obligations for projects under this section in any fiscal year
in the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall not exeed
$20,000,000. Notwithstanding any provision of this chapter
actual and necessary costs of maintenance and operation of
ferryboats providing temporary substitute highway traffic
service, less the amount of fares charged, may be expended from
the emergency fund herein authorized on Federal-aid highways.
Except as to highways, roads, and trails mentioned in
subsection (e) of this section, no funds shall be so expended
unless the Secretary has received an application therefor from
the State transportation department, and unless an emergency
has been declared by the Governor of the State and concurred in
by the Secretary, except that if the President has declared
such emergency to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) concurrence of the Secretary is not
required.
(e) The Secretary may expend funds from the emergency fund
herein authorized, either independently or in cooperation with
any other branch of the Government, State agency, organization,
or person, for the repair or reconstruction of forest highways,
[forest development roads] National Forest System roads and
trails, park roads and trails, parkways, [public lands
highways,] public lands highways, recreation roads public lands
development roads and trails, and Indian reservation roads,
whether or not such highways, roads, or trails are Federal-aid
highways.
(f) Treatment of Territories.--For purposes of this
section, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be
considered to be States and parts of the United States, and the
chief executive officer of each such territory shall be
considered to be a Governor of a State.
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.-- * * *
* * * * * * *
(d) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
(1) Establishment.--Notwithstanding section 301,
the Secretary shall establish and implement an
Interstate System reconstruction and rehabilitation
pilot program under which the Secretary,
notwithstanding sections 129 and 301, 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.
(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, for the area has been
consulted concerning the placement and amount
of tolls on the facility.
(C) An analysis demonstrating that
financing the reconstruction or rehabilitation
of the facility with the collection of tolls
under this pilot program is the most efficient,
economical, or expeditious way to advance the
project.
(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's analysis showing that
financing the reconstruction or rehabilitation
of a facility with the collection of tolls
under the pilot program is the most efficient,
economical, or expeditious way to advance the
project;
(B) the facility needs reconstruction or
rehabilitation, including major work that may
require replacing sections of the existing
facility on new alignment;
(C) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
(D) 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), 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.
(e) Variable Toll Pricing Program.--
(1) Definitions.--In this subsection:
(A) Eligible toll facility.--The term
``eligible toll facility'' includes--
(i) a facility in existence on the
date of enactment of this subsection
that collects tolls;
(ii) a facility in existence on the
date of enactment of this subsection
that serves high occupancy vehicle
lanes; and
(iii) a facility modified or
constructed after the date of enactment
of this subsection to create additional
tolled capacity (including a facility
constructed by a private entity or
using private funds).
(B) Nonattainment area.--The term
``nonattainment area'' has the meaning given
the term in section 171 of the Clean Air Act
(42 U.S.C. 7501).
(2) Establishment.--Notwithstanding sections 129
and 301, the Secretary may permit a State, public
authority, or a public or private entity designated by
a State, to collect a toll from motor vehicles at an
eligible toll facility for any highway, bridge, or
tunnel, including facilities on the Interstate System--
(A) to manage high levels of congestion; or
(B) to reduce emissions in a nonattainment
area or maintenance area.
(3) Limitation on use of revenues.--
(A) In general.--All toll revenues received
under paragraph (2) shall be used by a State or
public authority for--
(i) debt service;
(ii) a reasonable return on
investment of any private financing;
and
(iii) the costs necessary for
proper operation and maintenance of any
facilities under paragraph (2)
(including reconstruction, resurfacing,
restoration, and rehabilitation); and
(iv) projects eligible for Federal
assistance under this title.
(B) Requirements.--
(i) Variable price requirement.--
The Secretary shall require, for each
facility that charges tolls under this
subsection, that the tolls vary in
price according to time of day, as
appropriate to manage congestion or
improve air quality.
(ii) HOV passenger requirements.--
In addition to the exceptions to the
high occupancy vehicle passenger
requirements established under section
102(a)(2), a State may permit motor
vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes
as part of a variable toll pricing
program established under this
subsection.
(C) Agreement.--
(i) In general.--Before the
Secretary may permit a facility to
charge tolls under this subsection, the
Secretary and the applicable State or
public authority shall enter into an
agreement for each facility
incorporating the conditions described
in subparagraphs (A) and (B).
(ii) Termination.--An agreement
under clause (i) shall terminate with
respect to a facility upon the decision
of the State or public authority to
discontinue the variable tolling
program under this subsection for the
facility.
(iii) Debt.--If there is any debt
outstanding on a facility at the time
at which the decision is made to
discontinue the program under this
subsection with respect to the
facility, the facility may continue to
charge tolls in accordance with the
terms of the agreement until such time
as the debt is retired.
(D) Limitation on federal share.--The
Federal share of the cost of a project on a
facility tolled under this subsection,
including a project to install the toll
collection facility shall be a percentage, not
to exceed 80 percent, determined by the
applicable State.
(4) Eligibility.--To be eligible to participate in
the program under this subsection, a State or public
authority shall provide to the Secretary--
(A) a description of the congestion or air
quality problems sought to be addressed under
the program;
(B) a description of--
(i) the goals sought to be achieved
under the program; and
(ii) the performance measures that
would be used to gauge the success made
toward reaching those goals; and
(C) such other information as the Secretary
may require.
(f) Automation.--A facility created or modified under this
section shall use an electronic toll collection system that
uses a transponder or other means to specify an account for the
purposes of collecting a toll as a vehicle passes through the
collection facility.
(g) Interoperability.--
(1) Rule.--
(A) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall promulgate a final rule
specifying requirements, standards, or
performance specifications for automated toll
collection systems implemented under this
section.
(B) Development.--In developing that rule,
which shall be designed to maximize the
interoperability of electronic collection
systems, the Secretary shall, to the maximum
extent practicable--
(i) seek to accelerate progress
toward the national goal of achieving a
nationwide interoperable electronic
toll collection system;
(ii) take into account the use of
transponders currently deployed within
an appropriate geographical area of
travel and the transponders likely to
be in use within the next 5 years; and
(iii) seek to minimize additional
costs and maximize convenience to users
of toll facility and to the toll
facility owner or operator.
(2) Future modifications.--As the state of
technology progresses, the Secretary shall modify the
rule promulgated under paragraph (1)(A), as
appropriate.
* * * * * * *
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(e) Funds for [Protective Devices] Railway-Highway
Crossings.--[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.]
(1) In general.--For each fiscal year, at least
$200,000,000 of the funds authorized and expended under
section 148 shall be available for the elimination of
hazards and the installation of protective devices at
railway-highway crossings. [Sums authorized]
(2) Obligation.--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.
* * * * * * *
(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 and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives [not later than April 1 of each year] every
other year, 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; Apportionment.--Funds made
available to carry out this section shall be--
(1) available for expenditure on compilation and
analysis of data in support of activities carried out
under subsection (g); and
(2) apportioned in accordance with section
104(b)(5).
* * * * * * *
Sec. 132. Payments on Federal-aid projects undertaken by a Federal
agency
[Where a proposed Federal-aid project is to be undertaken
by a Federal agency pursuant to an agreement between a State
and such Federal agency and the State makes a deposit with or
payment to such Federal agency as may be required in
fulfillment of the State's obligation under such agreement for
the work undertaken or to be undertaken by such Federal agency,
the Secretary, upon execution of a project agreement with such
State for the proposed Federal-aid project, may reimburse the
State out of the appropriate appropriations the estimated
Federal share under the provisions of this title of the State's
obligation so deposited or paid by such State. Upon completion
of such project and its acceptance by the Secretary, an
adjustment shall be made in such Federal share payable on
account of such project based on the final cost thereof.]
(a) In General.--In a case in which a proposed Federal-aid
project is to be undertaken by a Federal agency in accordance
with an agreement between a State and the Federal agency, the
State may--
(1) direct the Secretary to transfer the funds for
the Federal share of the project directly to the
Federal agency; or
(2) make such deposit with, or payment to, the
Federal agency as is required to meet the obligation of
the State under the agreement for the work undertaken
or to be undertaken by the Federal agency.
(b) Reimbursement.--On execution of a project agreement
with a State described in subsection (a), the Secretary may
reimburse the State, using any available funds, for the
estimated Federal share under this title of the obligation of
the State deposited or paid under subsection (a)(2). [Any sums]
(c) Recovery and Crediting of Funds.--Any sums reimbursed
to the State under this section which may be in excess of the
Federal pro rata share under the provisions of this title of
the State's share of the cost as set forth in the approved
final voucher submitted by the State shall be recovered and
credited to the same class of funds from which the Federal
payment under this section was made.
* * * * * * *
Sec. 133. Surface transportation program
(a) Establishment.--The Secretary shall establish a surface
transportation program in accordance with this section.
(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) * * *
* * * * * * *
(11) (A) In accordance with all applicable Federal
law and regulations, participation in natural habitat
and wetlands mitigation efforts related to projects
funded under this title, which may include
participation in natural habitat and wetlands
mitigation banks; contributions to statewide and
regional efforts to conserve, restore, enhance, and
create natural habitats and wetlands; and development
of statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such
banks, efforts, and plans authorized pursuant to the
Water Resources Development Act of 1990 (including
crediting provisions). Contributions to such mitigation
efforts may take place concurrent with or in advance of
project construction. Contributions toward these
efforts may occur in advance of project construction
only if such efforts are consistent with all applicable
requirements of Federal law and regulations and State
transportation planning processes. With respect to
participation in a natural habitat or wetland
mitigation effort related to a project funded under
this title that has an impact that occurs within the
service area of a mitigation bank, preference shall be
given, to the maximum extent practicable, to the use of
the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for
the Establishment, Use and Operation of Mitigation
Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other
applicable Federal law (including regulations).
(B) State habitat, streams, and wetlands mitigation
efforts under section 155.
(12) Intermodal freight transportation projects in
accordance with section 325(d)(2).
(13) Infrastructure-based intelligent
transportation systems capital improvements.
[(14) 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) Environmental restoration and pollution
abatement in accordance with section 165.
(15) Control of invasive plant species and
establishment of native species in accordance with
section 166.
(16) Regional transportation operations
collaboration and coordination activities that are
associated with regional improvements, such as traffic
incident management, technology deployment, emergency
management and response, traveler information, and
regional congestion relief.
(17) Rush hour congestion relief.--
(A) In general.--Subject to subparagraph
(B), a State may spend not more than 2 percent
of the funds apportioned under this section to
reduce traffic delays caused by motor vehicle
accidents and breakdowns on highways during
peak driving times.
(B) Use of funds.--A State, metropolitan
planning organization, or local government may
use the funds under subparagraph (A)--
(i) to develop a region-wide
coordinated plan to mitigate traffic
delays caused by motor vehicle
accidents and breakdowns;
(ii) to purchase or lease
telecommunications equipment for first
responders;
(iii) to purchase or lease towing
and recovery services;
(iv) to pay contractors for towing
and recovery;
(v) to rent vehicle storage areas
adjacent to roadways;
(vi) to fund service patrols,
equipment, and operations;
(vii) to purchase incident
detection equipment;
(viii) to carry out training.
(18) Transportation and community system
preservation to facilitate the planning, development,
and implementation of strategies of metropolitan
planning organizations and local governments to
integrate transportation, community, and system
preservation plans and practices that address the
following:
(A) Improvement of the efficiency of the
transportation system in the United States.
(B) Reduction of the impacts of
transportation on the environment.
(C) Reduction of the need for costly future
investments in public infrastructure.
(D) Provision of efficient access to jobs,
services, and centers of trade.
(E) Examination of development patterns,
and identification of strategies to encourage
private sector development patterns, that
achieve the goals identified in subparagraphs
(A) through (D).
(19) Projects relating to intersections, including
intersections--
(A) that--
(i) have disproportionately high
accident rates;
(ii) have high levels of
congestion, as evidenced by--
(I) interrupted traffic
flow at the intersection; and
(II) a level of service
rating, issued by the
Transportation Research Board
of the National Academy of
Sciences in accordance with the
Highway Capacity Manual, that
is not better than `F' during
peak travel hours; and
(iii) are directly connected to or
located on a Federal-aid highway; and
(B) improvements that are approved in the
regional plan of the appropriate local
metropolitan planning organization.
* * * * * * *
(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)] subparagraph (C),
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) in urbanized areas of the State
with an urbanized area population of
over 200,000, and
(ii) in other areas of the State,
in proportion to their relative share of the
State's population. The remaining 37.5 percent
may be obligated in any area of the State.
Funds attributed to an urbanized area under
clause (i) may be obligated in the metropolitan
area established under section 134 which
encompasses the urbanized area.
(B) Special rule for areas of less than
5,000 population.--Of the amounts required tobe
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.
[(C) Special rule for certain states.--In
the case of a State in which--
[(i) greater than 80 percent of the
population of the State is located in 1
or more metropolitan statistical areas,
and
[(ii) greater than 80 percent of
the land area of such State is owned by
the United States,
[the 62.5 percentage specified in the first
sentence of subparagraph (A) shall be 35
percent and the percentage specified in the
second sentence of subparagraph (A) shall be 65
percent.]
[(D)] (C) Noncontiguous states exemption.--
Subparagraph (A) shall not apply to Hawaii and
Alaska.
[(E)] (D) Distribution between urbanized
areas of over 200,000 population.--The amount
of funds which a State is required to obligate
under subparagraph (A)(i) shall be obligated in
urbanized areas described in subparagraph
(A)(i) based on the relative population of such
areas; except that the State may obligate such
funds based on other factors if the State and
the relevant metropolitan planning
organizations jointly apply to the Secretary
for the permission to do so and the Secretary
grants the request.
[(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) In general.--Except as provided in
subparagraphs (B) and (C), in the case of a
transportation enhancement activity funded from
the allocation required under [paragraph (2)]
paragraph (1), if real property or an interest
in real property is to be acquired from a
qualified organization exclusively for
conservation purposes (as determined under
section 170(h) of the Internal Revenue Code of
1986), the organization shall be considered to
be the owner of the property for the purpose of
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(B) Federal approval prior to involvement
of qualified organization.--If Federal approval
of the acquisition of the real property or
interest predates the involvement of a
qualified organization described in
subparagraph (A) in the acquisition of the
property, the organization shall be considered
to be an acquiring agency or person as
described in section 24.101(a)(2) of title 49,
Code of Federal Regulations, for the purpose of
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(C) Acquisitions on behalf of recipients of
federal funds.--If a qualified organization
described in subparagraph (A) has contracted
with a State transportation department or other
recipient of Federal funds to acquire the real
property or interest on behalf of the
recipient, the organization shall be considered
to be an agent of the recipient for the purpose
of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(5) Highway stormwater discharge mitigation
projects.--Of the amount apportioned to a State under
section 104(b)(3) for a fiscal year, 2 percent shall be
available only for projects and activities carried out
under section 167.
* * * * * * *
Sec. 134. Metropolitan planning
(a) General Requirements.--
* * * * * * *
(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
(including the protection of habitat, water
quality, and agricultural and forest land,
while minimizing invasive species), promote
energy conservation, and improve quality of
life (including minimizing adverse health
effects from mobile source air pollution and
promoting the linkage of the transportation and
development goals of the metropolitan area);
(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 and
efficient use of the existing transportation
system.
(2) Selection of factors.--After soliciting and
considering any relevant public comments, the
metropolitan planning organization shall determine
which of the factors described in paragraph (1) are
most appropriate for the metropolitan area to consider.
[(2)] (3) 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] every 4 years in areas designated as
nonattainment, as defined in section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)), and in areas that
were nonattainment that have been redesignated to
attainment in accordance with section 107(d)(3) of that
Act (42 U.S.C. 7407(d)(3)), with a maintenance plan
under section 175A of that Act (42 U.S.C. 7505a), or
every 5 years in areas designated as attainment (as
defined in section 107(d) of that Act (42 U.S.C.
7407(d))), 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) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of--
(I) types of potential
habitat, hydrological, and
environmental mitigation
activities that may assist in
compensating for loss of
habitat, wetland, and other
environmental functions; and
(II) potential areas to
carry out these activities,
including a discussion of areas
that may have the greatest
potential to restore and
maintain the habitat types and
hydrological or environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
[(B)] (C) 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)] (D) 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)] (E) 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) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
(B) Issues.--The consultation shall
involve--
(i) comparison of transportation
plans with State conservation plans or
with maps, if available;
(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available; or
(iii) consideration of areas where
wildlife crossing structures may be
needed to ensure connectivity between
wildlife habitat linkage areas.
[(4)] (5) Participation by interested parties.--
[Before approving]
(A) In general.--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.
(B) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization
techniques to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web.
[(5)] (6) 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 , including (to the
maximum extent practicable) in electronically
accessible formats and means such as the World
Wide Web; and
(ii) submitted for information purposes to
the Governor at such times and in such manner
as the Secretary shall establish.
[(6)] (7) 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]
4 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] 4-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.
* * * * * * *
Sec. 135. Statewide planning
(a) General Requirements.--
* * * * * * *
(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
(including the protection of habitat, water
quality, and agricultural and forest land,
while minimizing invasive species), promote
energy conservation, and improve quality of
life (including minimizing adverse health
effects from mobile source air pollution and
promoting the linkage of the transportation and
development goals of the State);
(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 and
efficient use of the existing transportation
system.
(2) Selection of projects and strategies.--After
soliciting and considering any relevant public
comments, the State shall determine which of the
projects and strategies described in paragraph (1) are
most appropriate for the State to consider.
[(2)] (3) 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.
* * * * * * *
(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.
(D) Consultation, comparison, and
consideration.--
(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State and local agencies responsible
for--
(I) land use management;
(II) natural resources;
(III) environmental
protection;
(IV) conservation; and
(V) historic preservation.
(ii) Comparison and
consideration.--Consultation under
clause (i) shall involve--
(I) comparison of
transportation plans to State
conservation plans or maps, if
available;
(II) comparison of
transportation plans to
inventories of natural or
historic resources, if
available; or
(III) consideration of
areas where wildlife crossing
structures may be needed to
ensure connectivity between
wildlife habitat linkage areas.
(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.]
(B) Methods.--In carrying out subparagraph
(A), the State shall, to the maximum extent
practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization
techniques to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web.
(4) Mitigation activities.--
(A) In general.--A long-range
transportation plan shall include a discussion
of--
(i) types of potential habitat,
hydrological, and environmental
mitigation activities that may assist
in compensating for loss of habitat,
wetlands, and other environmental
functions; and
(ii) potential areas to carry out
these activities, including a
discussion of areas that may have the
greatest potential to restore and
maintain the habitat types and
hydrological or environmental functions
affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Transportation strategies.--A long-range
transportation plan shall identify transportation
strategies necessary to efficiently serve the mobility
needs of people.
[(4)] (6) 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)] (7) 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).
(8) Publication of long-range transportation
plans.--Each long-range transportation plan prepared by
a State shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
* * * * * * *
(f) State Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
transportation improvement [program] (which
program shall cover a period of 4 years and be
updated every 4 years) for all areas of the
State.
* * * * * * *
Sec. 137. Fringe and corridor parking facilities
(a) The Secretary may approve as a project [on the Federal-
aid urban system] on a Federal-aid highway the acquisition of
land adjacent to the right-of-way outside a central business
district, as defined by the Secretary, and the construction of
publicly owned parking facilities thereon or within such right-
of-way, including the use of the air space above and below the
established grade line of the highway pavement, to serve an
urban area of fifty thousand population or more. Such parking
facility shall be located and designed in conjunction with
existing or planned public transportation facilities. In the
event fees are charged for the use of any such facility, the
rate thereof shall not be in excess of that required for
maintenance and operation (including compensation to any person
for operating such facility).
(b) The Secretary shall not approve any project under this
section until--
(1) he has determined that the State, or the
political subdivision thereof, where such project is to
be located, or any agency, or instrumentality of such
State or political subdivision, has the authority and
capability of constructing, maintaining, and operating
the facility;
(2) he has entered into an agreement governing the
financing, maintenance, and operation of the parking
facility with such State, political subdivision, agency
or instrumentality, including necessary requirements to
insure that adequate public transportation services
will be available to persons using such facility; and
(3) he has approved design standards for
constructing such facility developed in cooperation
with the State transportation department.
(c) The term ``parking facilities'' for purposes of this
section shall include access roads, buildings, structures,
equipment, improvements, and interests in lands.
(d) Nothing in this section, or in any rule or regulation
issued under this section, or in any agreement required by this
section, shall prohibit (1) any State, political subdivision,
or agency or instrumentality thereof, from contracting with any
person to operate any parking facility constructed under this
section, or (2) any such person from so operating such
facility.
(e) The Secretary shall not approve any project under this
section unless he determines that it is based on a continuing
comprehensive transportation planning process carried on in
accordance with section 134 of this title.
(f)(1) The Secretary may approve for Federal financial
assistance from funds apportioned under section 104(b)(4),
projects for designating existing facilities, or for
acquisition of rights of way or construction of new facilities,
for use as perferential parking for carpools, provided that
such facilities (A) are located outside of a central business
district and within an interstate highway corridor, and (B)
have as their primary purpose the reduction of vehicular
traffic on the interstate highway.
(2) Nothing in this subsection, or in any rule or
regulation issued under this subsection, or in any agreement
required by this subsection, shall prohibit (A) any State,
political subdivision, or agency or instrumentality thereof,
from contracting with any person to operate any parking
facility designated or constructed under this subsection, or
(B) any such person from so operating such facility. Any fees
charged for the use of any such facility in connection with the
purpose of this subsection shall not be in excess of the amount
required for operation and maintenance, including compensation
to any person for operating the facility.
(3) For the purposes of this subsection, the terms
``facilities'' and ``parking facilities'' are synonymous and
shall have the same meaning given ``parking facilities'' in
subsection (c) of this section.
* * * * * * *
Sec. 139. Infrastructure performance and maintenance program
(a) Establishment.--The Secretary shall establish and
implement an infrastructure performance and maintenance program
in accordance with this section.
(b) Eligible Projects.--
(1) In general.--A State may obligate funds
allocated to the State under this section only for
projects eligible under the Interstate maintenance
program under section 119, the National Highway System
program under section 103, the surface transportation
program under section 133, the highway safety
improvement program under section 148, the highway
bridge replacement and rehabilitation program under
section 144, and the congestion mitigation and air
quality improvement program under section 149 that
will--
(A) preserve, maintain, or otherwise
extend, in a cost-effective manner, the useful
life of existing highway infrastructure
elements; or
(B) provide operational improvements
(including traffic management and intelligent
transportation system strategies and limited
capacity enhancements) at points of recurring
highway congestion.
(2) Set-aside.--Notwithstanding any other provision
of law, of the amounts made available under section
1101(a)(14) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003,
$439,000,000 shall be available for obligation to carry
out this section without further appropriation.
(c) Period of Availability.--
(1) Obligation within 180 days.--
(A) In general.--Funds allocated to a State
under this section shall be obligated by the
State not later than 180 days after the date of
apportionment.
(B) Unobligated funds.--Any amounts that
remain unobligated at the end of that period
shall be allocated in accordance with
subsection (d).
(2) Obligation by end of fiscal year.--
(A) In general.--All funds allocated or
reallocated under this section shall remain
available for obligation until the last day of
the fiscal year for which the funds are
apportioned.
(B) Unobligated funds.--Any amounts
allocated that remain unobligated at the end of
the fiscal year shall lapse.
(d) Redistribution of Allocated Funds and Obligation
Authority.--
(1) In general.--On the date that is 180 days after
the date of allocation, or as soon thereafter as
practicable, for each fiscal year, the Secretary
shall--
(A) withdraw--
(i) any funds allocated to a State
under this section that remain
unobligated; and
(ii) an equal amount of obligation
authority provided for the use of the
funds in accordance with section
1101(a)(14) of the Safe, Accountable,
Flexible, and Efficient Transportation
Equity Act of 2003; and
(B) reallocate the funds and redistribute
the obligation authority to those States that--
(i) have fully obligated all
amounts allocated under this section
for the fiscal year; and
(ii) demonstrate that the State is
able to obligate additional amounts for
projects eligible under this section
before the end of the fiscal year.
(2) Equity bonus.--The calculation and distribution
of funds under section 105 shall be adjusted as a
result of the allocation of funds under this
subsection.
(e) Federal Share Payable.--The Federal share payable for a
project funded under this section shall be determined in
accordance with section 120.
* * * * * * *
Sec. 140. Nondiscrimination
(a) Prior to approving any programs for projects as
provided for in [subsection (a) of section 105 of this title]
section 135, the Secretary shall require assurances from any
State desiring to avail itself of the benefits of this chapter
that employment in connection with proposed projects will be
provided without regard to race, color, creed, national origin,
or sex. [He] The Secretary shall require that each State shall
include in the advertised specifications, notification of the
specific equal employment opportunity responsibilities of the
successful bidder. In approving programs for projects on any of
the Federal-aid systems, the Secretary shall, [where he
considers it necessary to assure] if necessary to ensure equal
employment opportunity, require certification by any State
desiring to avail itself of the benefits of this chapter that
there are in existence and available on a regional, statewide,
or local basis, apprenticeship, skill improvement or other
upgrading programs, registered with the Department of Labor or
the appropriate State agency, if any, which provide equal
opportunity for training and employment without regard to race,
color, creed, national origin, or sex. In implementing such
programs, a State may reserve training positions for persons
who receive welfare assistance from such State; except that the
implementation of any such program shall not cause current
employees to be displaced or current positions to be supplanted
or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program
registered with the Department of Labor or the appropriate
State agency from being referred to, or hired on, projects
funded under this title without regard to the length of time of
their participation in such program. The Secretary shall
periodically obtain from the Secretary of Labor and the
respective State transportation departments information which
will enable [him] the Secretary to judge compliance with the
requirements of this section and the Secretary of Labor shall
render to the Secretary such assistance and information as [he]
the Secretary shall deem necessary to carry out the equal
employment opportunity program required hereunder.
(b) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal government, corporation
(profit or nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer [highway
construction] surface transportation and technology training,
including skill improvement programs, and to develop and fund
summer transportation institutes. Whenever apportionments are
made under section 104(b)(3) of this title, the Secretary shall
deduct such sums [as he may deem necessary] as necessary, [not
to exceed $2,500,000 for the transition quarter ending
September 30, 1976], and not to exceed $10,000,000 per fiscal
year, for the administration of this subsection. Such sums so
deducted shall remain available until expended. The provisions
of section 3709 of the Revised Statutes, as amended (41 U.S.C.
5), shall not be applicable to contracts and agreements made
under the authority herein granted to the Secretary.
Notwithstanding any other provision of law, not to exceed \1/2\
of 1 percent of funds apportioned to a State for the surface
transportation program under section 104(b) and the bridge
program under section 144 may be available to carry out this
subsection upon request of the State transportation department
to the Secretary.
(c) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal governments,
corporation (profit or nonprofit), or any other organization or
person, is authorized to develop, conduct, and administer
training programs and assistance programs in connection with
any program under this title in order that minority businesses
may achieve proficiency to compete, on an equal basis, for
contracts and subcontracts. Whenever apportionments are made
under [subsection 104(b)(3) of this title] subsection
104(b)(3), the Secretary shall deduct such sums as [he may
deem] necessary, not to exceed $10,000,000 per fiscal year, for
the administration of this subsection. The provisions of
section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),
shall not be applicable to contracts and agreements made under
the authority herein granted to the Secretary notwithstanding
the provisions of section 302(e) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252(e)).
(d) Indian Employment [and Contracting].--Consistent with
section 703(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-2(i)), nothing in this section shall preclude the
preferential employment of Indians living on or near a
reservation on projects and contracts on Indian reservation
roads. States may implement a preference for employment of
Indians on projects carried out under this title near Indian
reservations. The Secretary shall cooperate with Indian tribal
governments and the States to implement this subsection.
* * * * * * *
[Sec. 144. Highway bridge replacement and rehabilitation program
[(a) Congress hereby finds and declares it to be in the
vital interest of the Nation that a highway bridge replacement
and rehabilitation program be established to enable the several
States to replace or rehabilitate highway bridges over
waterways, other topographical barriers, other highways, or
railroads when the States and the Secretary find that a bridge
is significantly important and is unsafe because of structural
deficiencies, physical deterioration, or functional
obsolescence.]
Sec. 144. Highway bridge program
(a) Congressional Statement.--Congress finds and declares
that it is in the vital interest of the United States that a
highway bridge program be established to enable States to
improve the condition of their bridges through replacement,
rehabilitation, and systematic preventative maintenance on
highway bridges over waterways, other topographical barriers,
other highways, or railroads at any time at which the States
and the Secretary determine that a bridge is unsafe because of
structural deficiencies, physical deterioration, or functional
obsolescence.
(b) The Secretary, in consultation with the States, shall
(1) inventory all those highway bridges on any Federal-aid
system which are bridges over waterways, other topographical
barriers, other highways, and railroads; (2) classify them
according to serviceability, safety, and essentiality for
public use; (3) based on that classification, assign each a
priority for replacement or rehabilitation; and (4) determine
the cost of replacing each such bridge with a comparable
facility or by rehabilitating such bridge.
(c)(1) The Secretary, in consultation with the States,
shall (1) inventory all those highway bridges on public roads,
other than those on any Federal-aid system, which are bridges
over waterways, other topographical barriers, other highways,
and railroads, (2) classify them according to serviceability,
safety, and essentiality for public use, (3) based on the
classification, assign each a priority for replacement or
rehabilitation and (4) determine the cost of replacing each
such bridge with a comparable facility or of rehabilitating
such bridge.
(2) The Secretary may, at the request of a State, inventory
bridges, on and off the Federal-aid system, for historic
significance.
(3) Inventory of indian reservation and park
bridges.--As part of the activities carried out under
paragraph (1), the Secretary, in consultation with the
Secretary of the Interior, shall (A) inventory all
those highway bridges on Indian reservation roads and
park roads which are bridges over waterways, other
topographical barriers, other highways, and railroads,
(B) classify them according to serviceability, safety,
and essentiality for public use, (C) based on the
classification, assign each a priority for replacement
or rehabilitation, and (D) determine the cost of
replacing each such bridge with a comparable facility
or of rehabilitating such bridge.
[(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) Participation in Program.--
(1) In general.--On application by a State to the
Secretary for assistance in replacing or rehabilitating
a highway bridge that has been determined to be
eligible for replacement or rehabilitation under
subsection (b) or (c), the Secretary may approve
Federal participation in--
(A) replacing the bridge with a comparable
bridge; or
(B) rehabilitating the bridge.
(2) Specific kinds of rehabilitation.--On
application by a State to the Secretary for assistance
in painting, seismic retrofit, or preventative
maintenance of, or installation of 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 preventative maintenance
of, or installation of scour countermeasures or
application of acetate or sodium acetate/formate or
such anti-icing or de-icing composition to, the
structure.
(3) Eligibility.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall determine
the eligibility of highway bridges for
replacement or rehabilitation for each State
based on the number of unsafe highway bridges
in the State.
(B) Preventative maintenance.--A State may
carry out a project for preventative
maintenance on a bridge, seismic retrofit of a
bridge, or installation of scour
countermeasures to a bridge under this section
without regard to whether the bridge is
eligible for replacement or rehabilitation
under this section.
(e) Funds authorized to carry out this section shall be
apportioned among the several States on October 1 of the fiscal
year for which authorized in accordance with this subsection.
Each deficient bridge shall be placed into one of the following
categories: (1) Federal-aid system bridges eligible for
replacement, (2) Federal-aid system bridges eligible for
rehabilitation, (3) off-system bridges eligible for
replacement, and (4) off-system bridges eligible for
rehabilitation. The [square footage] area of deficient bridges
in each category shall be multiplied by the respective unit
price on a State-by-State basis, as determined by the
Secretary; and the total cost in each State divided by the
total cost of the deficient bridges in all States shall
determine the apportionment factors. For purposes of the
preceding sentence, the total cost of deficient bridges in a
State and in all States shall be reduced by [the total cost of
any highway bridges constructed under subsection (m) in such
State, relating to replacement of destroyed bridges and
ferryboat services, and], if a State transfers funds
apportioned to the State under this section in a fiscal year
beginning after September 30, [1997] 2003, to any other
apportionment of funds to such State under this title, the
total cost of deficient bridges in such State and in all States
to be determined for the succeeding fiscal year shall be
reduced by the amount of such transferred funds. No State shall
receive more than 10 per centum or less than 0.25 per centum of
the total apportionment for any one fiscal year. The Secretary
shall make these determinations based upon the latest available
data, which shall be updated annually. Funds apportioned under
this section shall be available for expenditure for the same
period as funds apportioned for projects on [the Federal-aid
primary system] Federal-aid highways under this title. Any
funds not obligated at the expiration of such period shall be
reapportioned by the Secretary to the other States in
accordance with this subsection. The use of funds authorized
under this section to carry out a project for the seismic
retrofit of a bridge shall not affect the apportionment of
funds under this section.
[(f) The Federal share payable on account of any project
under this section shall be 80 per centum of the cost thereof.
[(g) Set Asides.--
[(1) Discretionary bridge program.--
[(A) Fiscal years 1992 through
1997.--Of the amounts authorized for each of
fiscal years 1992, 1993, 1994, 1995, 1996, and
1997 by section 103 of the Intermodal Surface
Transportation Efficiency Act of 1991, all but
$57,000,000 in the case of fiscal year 1992,
$68,000,000 in the case of fiscal years 1993
and 1994, and $69,000,000 in the case of fiscal
years 1995, 1996, and 1997 shall be apportioned
as provided in subsection (e) of this section.
$49,000,000 in the case of fiscal year 1992,
$59,500,000 in the case of fiscal years 1993
and 1994, and $60,500,000 in the case of fiscal
years 1995, 1996, and 1997 of the amount
authorized for each of such fiscal years shall
be available for obligation on the date of each
such apportionment in the same manner and to
the same extent as the sums apportioned on such
date, except that the obligation of $49,000,000
in the case of fiscal year 1992, $59,500,000 in
the case of fiscal years 1993 and 1994, and
$60,500,000 in the case of fiscal years 1995,
1996, and 1997 shall be at the discretion of
the Secretary, and $8,500,000 per fiscal year
($8,000,000 in the case of fiscal year 1992) of
the amount authorized for each of such fiscal
years shall be available in accordance with
section 1039 of the Intermodal Surface
Transportation Efficiency Act of 1991, relating
to highway timber bridges.
[(B) Fiscal year 1998.--Of the amounts
authorized to be appropriated to carry out the
bridge program under this section for fiscal
year 1998, all but $25,000,000 shall be
apportioned as provided in subsection (e) of
this section. Such $25,000,000 shall be
available only for projects for the seismic
retrofit of a bridge described in subsection
(l).
[(C) Fiscal years 1999 through 2003.--Of
the amounts authorized to be appropriated to
carry out the bridge program under this section
for each of fiscal years 1999 through 2003, 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 not to exceed
$25,000,000 shall be available only for
projects for the seismic retrofit of bridges,
including projects in the New Madrid fault
region.
[(2) Eligible discretionary projects.--Subject to
section 149(d) of the Federal-Aid Highway Act of 1987,
amounts made available by paragraph (1) for obligation
at the discretion of the Secretary may be obligated
only--
[(A) for a project for a highway bridge the
replacement or rehabilitation cost of which is
more than $10,000,000, and
[(B) for a project for a highway bridge the
replacement or rehabilitation cost of which is
less than $10,000,000 if such cost is at least
twice the amount apportioned to the State in
which such bridge is located under subsection
(e) for the fiscal year in which application is
made for a grant for such bridge.
[(3) Off-system bridges.--Not less than 15 percent
nor more than 35 percent of the amount apportioned to
each State in each of fiscal years 1987 through 2003
shall be expended for projects to replace,
rehabilitate, paint 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.]
(f) Set Asides.--
(1) Discretionary bridge program.--
(A) In general.--Of the amounts authorized
to be appropriated to carry out the bridge
program under this section for each of fiscal
years 2004 through 2009, all but $150,000,000
shall be apportioned as provided in subsection
(e).
(B) Availability.--The $150,000,000
referred to in subparagraph (A) shall be
available at the discretion of the Secretary,
except that not to exceed $25,000,000 of that
amount shall be available only for projects for
the seismic retrofit of bridges.
(C) Set asides.--For fiscal year 2004, the
Secretary shall provide--
(i) $50,000,000 to the State of
Nevada for construction of a
replacement of the federally-owned
bridge over the Hoover Dam in the Lake
Mead National Recreation Area; and
(ii) $50,000,000 to the State of
Missouri for construction of a
structure over the Mississippi River to
connect the city of St. Louis,
Missouri, to the State of Illinois.
(2) Off-system bridges.--
(A) In general.--Not less than 15 percent
of the amount apportioned to each State in each
of fiscal years 2004 through 2009 shall be
expended for projects to replace, rehabilitate,
perform systematic preventative 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.
(B) Reduction of expenditures.--The
Secretary, after consultation with State and
local officials, may, with respect to the
State, reduce the requirement for expenditure
for bridges not on a Federal-aid highway if the
Secretary determines that the State has
inadequate needs to justify the expenditure.
[(h)] (g) Notwithstanding any other provision of law, the
General Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to
bridges authorized to be replaced, in whole or in part, by this
section, except that subsection (b) of section 502 of such Act
of 1946 and section 9 of the Act of March 3, 1899 (30 Stat.
1151) shall not apply to any bridge constructed, reconstructed,
rehabilitated, or replaced with assistance under this title, if
such bridge is over waters (1) which are not used and are not
susceptible to use in their natural condition or by reasonable
improvement as a means to transport interstate or foreign
commerce, and (2) which are (a) not tidal, or (b) if tidal,
used only by recreational boating, fishing, and other small
vessels less than 21 feet in length.
[(i)] (h) Inventories and Reports.--The Secretary shall--
(1) report to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on projects approved under this
section;
(2) annually revise the current inventories
authorized by subsections (b) and (c) of this section;
(3) report to such committees on such inventories;
[and]
(4) report to such committees such recommendations
as the Secretary may have for improvements of the
program authorized by this section[.]; and
(5) biennially submit such reports as are required
under this subsection to the appropriate committees of
Congress simultaneously with the report required by
section 502(g).
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.
[(j)] (i) Sums apportioned to a State under this section
shall be made available for obligation throughout such State on
a fair and equitable basis.
[(k)] (j) Not later than six months after the date of
enactment of this subsection, and periodically thereafter, the
Secretary shall review the procedure used in approving or
disapproving applications submitted under this section to
determine what changes, if any, may be made to expedite such
procedure. Any such changes shall be implemented by the
Secretary as soon as possible. Not later than nine months after
the date of enactment of this subsection, the Secretary shall
submit a report to Congress which describes such review and
such changes, including any recommendations for legislative
changes.
[(l)] (k) Notwithstanding any other provision of law, any
bridge which is owned and operated by an agency (1) which does
not have taxing powers, (2) whose functions include operating a
federally assisted public transit system subsidized by toll
revenues, shall be eligible for assistance under this section
but the amount of such assistance shall in no event exceed the
cumulative amount which such agency has expended for capital
and operating costs to subsidize such transit system. Before
authorizing an expenditure of funds under this subsection, the
Secretary shall determine that the applicant agency has
insufficient reserves, surpluses, and projected revenues (over
and above those required for bridge and transit capital and
operating costs) to fund the necessary bridge replacement or
rehabilitation project. Any non-Federal funds expended for the
seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal
funds for seismic retrofit of the bridge made available after
the date of the expenditure.
[(m)] (l) Replacement of Destroyed Bridges and Ferryboat
Service.--
(1) General rule.--Notwithstanding any other
provision of this section or of any other provision of
law, a State may utilize any of the funds provided
under this section to construct any bridge which--
(A) replaces any low water crossing
(regardless of the length of such low water
crossing),
(B) replaces any bridge which was destroyed
prior to 1965,
(C) replaces any ferry which was in
existence on January 1, 1984, or
(D) replaces any road bridges rendered
obsolete as a result of United States Corps of
Engineers flood control or channelization
projects and not rebuilt with funds from the
United States Corps of Engineers.
(2) Federal share.--The Federal share payable on
any bridge construction carried out under paragraph (1)
shall be 80 percent of the cost of such construction.
[(n)] (m) Off-System Bridge Program.--Notwithstanding any
other provision of law, with respect to any project not on a
Federal-aid highway for the replacement of a bridge or
rehabilitation of a bridge which is wholly funded from State
and local sources, is eligible for Federal funds under this
section, is noncontroversial, is certified by the State to have
been carried out in accordance with [all standards] all general
engineering standards applicable to such projects under this
section, and is determined by the Secretary upon completion to
be no longer a deficient bridge, any amount expended after the
date of the enactment of this subsection from State and local
sources for such project in excess of 20 percent of the cost of
construction thereof may be credited to the non-Federal share
of the cost of the projects in such State which are eligible
for Federal funds under this section. Such crediting shall be
in accordance with such procedures as the Secretary may
establish.
[(o)] (n) Historic Bridge Program.--
(1) Coordination.--The Secretary shall, in
cooperation with the States, implement the programs
described in this section in a manner that encourages
the inventory, retention, rehabilitation, adaptive
reuse, and future study of historic bridges.
(2) State inventory.--The Secretary shall require
each State to complete an inventory of all bridges on
and off the Federal-aid system to determine their
historic significance.
(3) Eligibility.--Reasonable costs associated with
actions to preserve, or reduce the impact of a project
under this chapter on, the historic integrity of
historic bridges shall be eligible as reimbursable
project costs under this [title (including this
section)] section if the load capacity and safety
features of the bridge are adequate to serve the
intended use for the life of the bridge; except that in
the case of a bridge which is no longer used for
motorized vehicular traffic, the costs eligible as
reimbursable project costs pursuant to this subsection
shall not exceed 200 percent of the estimated cost of
demolition of such bridge.
(4) Preservation.--Any State which proposes to
demolish a historic bridge for a replacement project
with funds made available to carry out this section
shall first make the bridge available for donation to a
State, locality, or responsible private entity if such
State, locality, or responsible entity enters into an
agreement to--
(A) maintain the bridge and the features
that give it its historic significance; and
(B) assume all future legal and financial
responsibility for the bridge, which may
include an agreement to hold the State highway
agency harmless in any liability action.
Costs incurred by the State to preserve the historic
bridge, including funds made available to the State,
locality, or private entity to enable it to accept the
bridge, shall be eligible as reimbursable project costs
under this chapter up to an amount not to exceed 200
percent of the cost of demolition. Any bridge preserved
pursuant to this paragraph shall thereafter not be
eligible for any other funds authorized pursuant to
this [title] section.
(5) Historic bridge defined.--As used in this
subsection, ``historic bridge'' means any bridge that
is listed on, or eligible for listing on, the National
Register of Historic Places.
[(p)] (o) Applicability of State Standards for Projects.--A
project not on a Federal-aid highway under this section shall
be designed, constructed, operated, and maintained in
accordance with State laws, regulations, directives, safety
standards, design standards, and construction standards.
[(q)] (p) As used in this section the term ``rehabilitate''
in any of its forms means major work necessary to restore the
structural integrity of a bridge as well as work necessary to
correct a major safety defect.
(q) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall be the share applicable under section 120(b), as
adjusted under subsection (d) of that section.
* * * * * * *
[Sec. 147. Priority primary routes
[(a) High traffic sections of highways on the Federal-aid
primary system which connect to the Interstate System shall be
selected by each State transportation department, in
consultation with appropriate local officials, subject to
approval by the Secretary, for priority of improvement to
supplement the service provided by the Interstate System by
furnishing needed adequate traffic collector and distributor
facilities. For the purpose of this section such highways shall
hereafter in this section be referred to as ``priority primary
routes''.
[(b) The Federal share of any project on a priority primary
route shall be that provided in section 120(a) of this title.
All provisions of this title applicable to the Federal-aid
primary system shall be applicable to the priority primary
routes selected under this section.
[(c) The initial selection of the priority primary routes
and the estimated cost of completing such routes shall be
reported to Congress on or before July 1, 1974.
[(d) There is authorized to be appropriated out of the
Highway Trust Fund to carry out this section not to exceed
$100,000,000 for the fiscal year ending June 30, 1974,
$200,000,000 for the fiscal year ending June 30, 1975, and
$300,000,000 for the fiscal year ending June 30, 1976.]
Sec. 147. 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 of the cost of
construction of ferry boats and ferry terminals under this
section shall be 80 percent.
(c) Set Aside for Projects on National Highway System.--
Before any apportionment is made under section 104(b)(3), the
Secretary shall set aside $20,000,000 for each of fiscal years
2004 through 2009, for obligation by the Secretary, for--
(1) the construction or refurbishment of ferry
boats and ferry terminal facilities;
(2) the acquisition of zero- or low-emission ferry
boats, or projects that advance the ship-building
capacities of the United States through the
introduction of new technology; and
(3) approaches to facilities described in paragraph
(1) located within marine highway systems that are part
of the National Highway System.
(d) Funding.--There shall be made available to the
Secretary to carry out this section, out of the Highway Trust
Fund (other than the Mass Transit Account), for obligation at
the discretion of the Secretary and to remain available until
expended, $38,000,000 for the period of fiscal years 2004
through 2009.
* * * * * * *
[Sec. 148. Development of a national scenic and recreational highway
[(a) As soon as possible after the date of enactment of
this section, the Secretary shall establish criteria for the
location and construction or reconstruction of the Great River
Road by the ten States bordering the Mississippi River. Such
criteria shall include requirements that--
[(1) priority be given in the location of the Great
River Road near or easily accessible to the larger
population centers of the State and further priority be
given to the construction and improvement of the Great
River Road in the proximity of the confluence of the
Mississippi River and the Wisconsin River;
[(2) the Great River Road be connected with other
Federal-aid highways and preferably with the Interstate
System;
[(3) the Great River Road be marked with uniform
identifying signs;
[(4) effective control, as defined in section 131
of this title, of signs, displays, and devices will be
provided along the Great River Road;
[(5) the provisions of section 129(a) of this title
shall not apply to any bridge or tunnel on the Great
River Road and no fees shall be charged for the use of
any facility constructed with assistance under this
section, except for parks, recreational areas, and
historical sites operated by State or local governments
where admission fees may be charged to cover
operational costs.
[(b) For the purpose of this section, the term
``construction'' includes the acquisition of areas of
historical, archeological, or scientific interest, necessary
easements for scenic purposes, and the construction or
reconstruction of roadside rest areas (including appropriate
recreational facilities), scenic viewing areas, and other
appropriate facilities as determined by the Secretary.
[(c) Highways constructed or reconstructed pursuant to this
section (except subsection (f)) shall be part of the Federal-
aid system.
[(d) Funds appropriated for each fiscal year pursuant to
subsection (g) shall be apportioned among the ten States
bordering the Mississippi River on the basis of their relative
needs as determined by the Secretary for payments to carry out
this section.
[(e) The Federal share of the cost of any project for any
construction or reconstruction pursuant to the preceding
subsections of this section shall be that provided in section
120 of this title for the Federal-aid system on which such
project is located, and if such project is not on such a
system, such share shall be 75 per centum of such cost.
[(f) The Secretary is authorized to consult with the heads
of other Federal departments and agencies having jurisdiction
over Federal lands open to the public in order to enter
appropriate arrangements for necessary construction or
reconstruction of highways on such lands to carry out this
section. Highways constructed or reconstructed by a State
pursuant to this section which are not on a Federal-aid system,
and highways constructed or reconstructed under this
subsection, shall be subject to the criteria applicable to
highways constructed or reconstructed pursuant to subsection
(c) of this section. Funds authorized pursuant to subsection
(g) shall be used to pay the entire cost of construction or
reconstruction pursuant to the first sentence of this
subsection.
[(g) There is authorized to be appropriated to carry out
this section, out of the Highway Trust Fund, for construction
or reconstruction of roads on a Federal-aid highway system, not
to exceed $10,000,000 for the fiscal year ending June 30, 1974,
$25,000,000 for the fiscal year ending June 30, 1975, and
$25,000,000 for the fiscal year ending June 30, 1976, for
allocations to the States pursuant to this section, and there
is authorized to be appropriated to carry out this section out
of any money in the Treasury not otherwise appropriated, not to
exceed $10,000,000 for each of the fiscal years ending June 30,
1974, June 30, 1975, and June 30, 1976, for construction and
reconstruction of roads not on a Federal-aid highway system.
[(h) The Secretary is authorized to provide for the
construction of such spur highways as he determines necessary
to connect the Great River Road, by the most direct feasible
routes, with existing bridges across the Mississippi for the
purpose of providing persons traveling such road with access to
significant scenic, historical, recreational, or archeological
features on the opposite side of the Mississippi River from the
Great River Road.]
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section:
(1) Highway safety improvement program.--The term
``highway safety improvement program'' means the
program carried out under this section.
(2) Highway safety improvement project.--
(A) In general.--The term ``highway safety
improvement project'' means a project described
in the State strategic highway safety plan
that--
(i) corrects or improves a
hazardous road location or feature; or
(ii) addresses a highway safety
problem.
(B) Inclusions.--The term ``highway safety
improvement project'' includes a project for--
(i) an intersection safety
improvement;
(ii) pavement and shoulder widening
(including addition of a passing lane
to remedy an unsafe condition);
(iii) installation of rumble strips
or another warning device, if the
rumble strips or other warning devices
do not adversely affect the safety or
mobility of bicyclists and pedestrians;
(iv) installation of a skid-
resistant surface at an intersection or
other location with a high frequency of
accidents;
(v) an improvement for pedestrian
or bicyclist safety;
(vi)(I) construction of any project
for the elimination of hazards at a
railway-highway crossing that is
eligible for funding under section 130,
including the separation or protection
of grades at railway-highway crossings;
(II) construction of a railway-
highway crossing safety feature; or
(III) the conduct of a model
traffic enforcement activity at a
railway-highway crossing;
(vii) construction of a traffic
calming feature;
(viii) elimination of a roadside
obstacle;
(ix) improvement of highway signage
and pavement markings;
(x) installation of a priority
control system for emergency vehicles
at signalized intersections;
(xi) installation of a traffic
control or other warning device at a
location with high accident potential;
(xii) safety-conscious planning;
(xiii) improvement in the
collection and analysis of crash data;
(xiv) planning, equipment,
operational activities, or traffic
enforcement activities (including
police assistance) relating to workzone
safety;
(xv) installation of guardrails,
barriers (including barriers between
construction work zones and traffic
lanes for the safety of motorists and
workers), and crash attenuators;
(xvi) the addition or retrofitting
of structures or other measures to
eliminate or reduce accidents involving
vehicles and wildlife; or
(xvii) installation and maintenance
of signs (including fluorescent,
yellow-green signs) at pedestrian-
bicycle crossings and in school zones.
(3) Safety project under any other section.--
(A) In general.--The term ``safety project
under any other section'' means a project
carried out for the purpose of safety under any
other section of this title.
(B) Inclusion.--The term ``safety project
under any other section'' includes a project
to--
(i) promote the awareness of the
public and educate the public
concerning highway safety matters; or
(ii) enforce highway safety laws.
(4) State highway safety improvement program.--The
term ``State highway safety improvement program'' means
projects or strategies included in the State strategic
highway safety plan carried out as part of the State
transportation improvement program under section
135(f).
(5) State strategic highway safety plan.--The term
``State strategic highway safety plan'' means a plan
developed by the State transportation department that--
(A) is developed after consultation with--
(i) a highway safety representative
of the Governor of the State;
(ii) regional transportation
planning organizations, if any;
(iii) representatives of major
modes of transportation;
(iv) local traffic enforcement
officials;
(v) persons responsible for
administering section 130 at the State
level;
(vi) representatives conducting
Operation Lifesaver;
(vii) representatives conducting a
motor carrier safety program under
section 31104 or 31107 of title 49;
(viii) motor vehicle administration
agencies; and
(ix) other major State and local
safety stakeholders;
(B) analyzes and makes effective use of
State, regional, or local crash data;
(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements of highway safety
as key factors in evaluating highway projects;
(D) considers safety needs of, and high-
fatality segments of, public roads;
(E) considers the results of State,
regional, or local transportation and highway
safety planning processes in existence as of
the date of enactment of this section;
(F) describes a program of projects or
strategies to reduce or eliminate safety
hazards;
(G) is approved by the Governor of the
State or a responsible State agency; and
(H) is consistent with the requirements of
section 135(f).
(b) Program.--
(1) In general.--The Secretary shall carry out a
highway safety improvement program.
(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
public roads.
(c) Eligibility.--
(1) In general.--To receive funds under this
section, a State shall have in effect a State highway
safety improvement program under which the State--
(A) develops and implements a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in paragraph (2);
(B) produces a program of projects or
strategies to reduce identified safety
problems; and
(C) evaluates the plan on a regular basis
to ensure the accuracy of the data and priority
of proposed improvements.
(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State
strategic highway safety plan, a State shall--
(A) have in place a crash data system with
the ability to perform safety problem
identification and countermeasure analysis;
(B) based on the analysis required by
subparagraph (A), identify hazardous locations,
sections, and elements (including roadside
obstacles, railway-highway crossing needs, and
unmarked or poorly marked roads) that
constitute a danger to motorists, bicyclists,
pedestrians, and other highway users;
(C) adopt strategic and performance-based
goals that--
(i) address traffic safety,
including behavioral and infrastructure
problems and opportunities on all
public roads;
(ii) focus resources on areas of
greatest need; and
(iii) are coordinated with other
State highway safety programs;
(D) advance the capabilities of the State
for traffic records data collection, analysis,
and integration with other sources of safety
data (such as road inventories) in a manner
that--
(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under
section 31102 of title 49;
(ii) includes all public roads; and
(iii) identifies hazardous
locations, sections, and elements on
public roads that constitute a danger
to motorists, bicyclists, and
pedestrians;
(E)(i) determine priorities for the
correction of hazardous road locations,
sections, and elements (including railway-
highway crossing improvements), as identified
through crash data analysis;
(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in
accordance with procedures and criteria
established by this section; and
(ii) use the information obtained under
clause (i) in setting priorities for highway
safety improvement projects.
(d) Eligible Projects.--
(1) In general.--A State may obligate funds
apportioned to the State under this section to carry
out--
(A) any highway safety improvement project
on any public road or publicly owned bicycle or
pedestrian pathway or trail; or
(B) as provided in subsection (e), for
other safety projects.
(2) Use of other funding for safety.--
(A) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
(B) Use of other funds.--States are
encouraged to address the full scope of their
safety needs and opportunities by using funds
made available under other provisions of this
title (except a provision that specifically
prohibits that use).
(e) Flexible Funding for States With a Strategic Highway
Safety Plan.--
(1) In general.--To further the implementation of a
State strategic highway safety plan, a State may use up
to 25 percent of the amount of funds made available
under this section for a fiscal year to carry out
safety projects under any other section as provided in
the State strategic highway safety plan.
(2) Other transportation and highway safety
plans.--Nothing in this subsection requires a State to
revise any State process, plan, or program in effect on
the date of enactment of this section.
(f) Reports.--
(1) In general.--A State shall submit to the
Secretary a report that--
(A) describes progress being made to
implement highway safety improvement projects
under this section;
(B) assesses the effectiveness of those
improvements; and
(C) describes the extent to which the
improvements funded under this section
contribute to the goals of--
(i) reducing the number of
fatalities on roadways;
(ii) reducing the number of
roadway-related injuries;
(iii) reducing the occurrences of
roadway-related accidents;
(iv) mitigating the consequences of
roadway-related accidents; and
(v) reducing the occurrences of
roadway-railroad grade crossing
accidents.
(2) Contents; schedule.--The Secretary shall
establish the content and schedule for a report under
paragraph (1).
(g) Federal Share of Highway Safety Improvement Projects.--
The Federal share of the cost of a highway safety improvement
project carried out with funds made available under this
section shall be 90 percent.
* * * * * * *
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
(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)(A) if the Secretary, after consultation with
the Administrator of the Environmental Protection
Agency, determines, on the basis of information
published by the Environmental Protection Agency
pursuant to section 108(f)(1)(A) of the Clean Air Act
(other than clause (xvi) of such section), that the
project or program is likely to contribute to--
(i) the attainment of a national
ambient air quality standard; or
(ii) the maintenance of a national
ambient air quality standard in a
maintenance area; or
(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section;
(2) if the project or program is included in a
State implementation plan that has been approved
pursuant to the Clean Air Act and the project will have
air quality benefits;
(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment of a national ambient air
quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other
factors;
(4) to establish or operate a traffic monitoring,
management, and control facility or program 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[.] or
(6) if the project or program is for the purchase
of alternative fuel (as defined in section 301 of the
Energy Policy Act of 1992 (42 U.S.C. 13211)) or
biodiesel.
No funds may be provided under this section for a project which
will result in the construction of new capacity available to
single occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times. In areas of a
State which are nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation activities,
the State may obligate such funds for any project or program
under paragraph (1) or (2) without regard to any limitation of
the Department of Transportation relating to the type of
ambient air quality standard such project or program addresses.
(c) States Receiving Minimum Apportionment.--
(1) States without a nonattainment area.--If a
State does not have, and never has had, a nonattainment
area designated under the Clean Air Act (42 U.S.C. 7401
et seq.), the State may use funds apportioned to the
State under section 104(b)(2) [for any project eligible
under the surface transportation program under section
133] for any project in the State that--
(A) would otherwise be eligible under this
section as if the project were carried out in a
nonattainment or maintenance area; or
(B) is eligible under the surface
transportation program under section 133.
(2) States with a nonattainment area.--If a State
has a nonattainment area or maintenance area and
receives funds under section 104(b)(2)(D) above the
amount of funds that the State would have received
based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds
not based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2) [for any project in the State eligible under
section 133] for any project in the State that--
(A) would otherwise be eligible under this
section as if the project were carried out in a
nonattainment or maintenance area; or
(B) is eligible under the surface
transportation program under section 133..
* * * * * * *
(g) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air quality
improvement programs and projects.
(h) Evaluation and Assessment of Projects.--
(1) In general.--The Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall evaluate and assess a representative
sample of projects funded under the congestion
mitigation and air quality program to--
(A) determine the direct and indirect
impact of the projects on air quality and
congestion levels; and
(B) ensure the effective implementation of
the program.
(2) Database.--Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the
Secretary shall maintain and disseminate a cumulative
database describing the impacts of the projects.
(3) Consideration.--The Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall consider the recommendations and findings
of the report submitted to Congress under section
1110(e) of the Transportation Equity Act for the 21st
Century (112 Stat. 144), including recommendations and
findings that would improve the operation and
evaluation of the congestion mitigation and air quality
improvement program under section 149.
* * * * * * *
Sec. 150. Safe routes to schools program
(a) Definitions.--In this section:
(1) Primary and secondary school.--The term
``primary and secondary school'' means a school that
provides education to children in any of grades
kindergarten through 12.
(2) Program.--The term ``program'' means the safe
routes to schools program established under subsection
(b).
(3) Vicinity of a school.--The term ``vicinity of a
school'' means the area within 2 miles of a primary or
secondary school.
(b) Establishment.--The Secretary shall establish and carry
out a safe routes to school program for the benefit of children
in primary and secondary schools in accordance with this
section.
(c) Purposes.--The purposes of the program shall be--
(1) to enable and to encourage children to walk and
bicycle to school;
(2) to encourage a healthy and active lifestyle by
making walking and bicycling to school safer and more
appealing transportation alternatives; and
(3) to facilitate the planning, development, and
implementation of projects and activities that will
improve safety in the vicinity of schools.
(d) Eligible Recipients.--A State shall use amounts
apportioned under this section to provide financial assistance
to State, regional, and local agencies that demonstrate an
ability to meet the requirements of this section.
(e) Eligible Projects and Activities.--
(1) Infrastructure-related projects.--
(A) In general.--Amounts apportioned to a
State under this section may be used for the
planning, design, and construction of
infrastructure-related projects to encourage
walking and bicycling to school, including--
(i) sidewalk improvements;
(ii) traffic calming and speed
reduction improvements;
(iii) pedestrian and bicycle
crossing improvements;
(iv) on-street bicycle facilities;
(v) off-street bicycle and
pedestrian facilities;
(vi) secure bicycle parking
facilities;
(vii) traffic signal improvements;
and
(viii) pedestrian-railroad grade
crossing improvements.
(B) Location of projects.--Infrastructure-
related projects under subparagraph (A) may be
carried out on--
(i) any public road in the vicinity
of a school; or
(ii) any bicycle or pedestrian
pathway or trail in the vicinity of a
school.
(2) Behavioral activities.--
(A) In general.--In addition to projects
described in paragraph (1), amounts apportioned
to a State under this section may be used for
behavioral activities to encourage walking and
bicycling to school, including--
(i) public awareness campaigns and
outreach to press and community
leaders;
(ii) traffic education and
enforcement in the vicinity of schools;
and
(iii) student sessions on bicycle
and pedestrian safety, health, and
environment.
(B) Allocation.--Of the amounts apportioned
to a State under this section for a fiscal
year, not less than 10 percent shall be used
for behavioral activities under this paragraph.
(f) Funding.--
(1) Set aside.--Before apportioning amounts to
carry out section 148 for a fiscal year, the Secretary
shall set aside and use $70,000,000 to carry out this
section.
(2) Apportionment.--Amounts made available to carry
out this section shall be apportioned to States in
accordance with section 104(b)(5).
(3) Administration of amounts.--Amounts apportioned
to a State under this section shall be administered by
the State transportation department.
(4) Federal share.--The Federal share of the cost
of a project or activity funded under this section
shall be 90 percent.
(5) Period of Availability.--Notwithstanding
section 118(b)(2), amounts apportioned under this
section shall remain available until expended.
* * * * * * *
[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, 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, and users
of highway facilities; and
[(B) develop and implement projects and
programs to address the hazards.
[(b) The Secretary may approve as a project under this
section any safety improvement project, including a project
described in subsection (a).
[(c) Funds authorized to carry out this section shall be
available for expenditure on--
[(1) any public road;
[(2) any public surface transportation facility or
any publicly owned bicycle or pedestrian pathway or
trail; or
[(3) any traffic calming measure.
[(d) The Federal share payable on account of any project
under this section shall be 90 percent of the cost thereof.
[(e) Funds authorized to be appropriated to carry out this
section shall be available for obligation in the same manner
and to the same extent as if such funds were apportioned under
section 104(b), except that the Secretary is authorized to
waive provisions he deems inconsistent with the purposes of
this section.
[(f) Each State shall establish an evaluation process
approved by the Secretary, to analyze and assess results
achieved by safety improvement projects carried out in
accordance with procedures and criteria established by this
section. Such evaluation process shall develop cost-benefit
data for various types of corrections and treatments which
shall be used in setting priorities for safety improvement
projects.
[(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.
[(h) For the purposes of this section the term ``State''
shall have the meaning given it in section 401 of this title.]
Sec. 152. Purchases of equipment
(a) In General.--Subject to subsection (b), a State or
other entity carrying out a project under this chapter shall
purchase device, tool or other equipment needed for the project
only after completing and providing a written analysis
demonstrating the cost savings associated with purchasing the
equipment compared with renting the equipment from a qualified
equipment rental provider before the project commences
(b) Applicability.--This section shall apply to--
(1) earth moving, road machinery, and material
handling equipment, or any other item, with a purchase
price in excess of $75,000; and
(2) aerial work platforms with a purchase price in
excess of $25,000.
* * * * * * *
Sec. 154. Open container requirements
(a) Definitions.-- * * *
* * * * * * *
(c) Transfer of Funds.--
(1) * * *
* * * * * * *
(3) Use for hazard elimination program.--A State
may elect to use all or a portion of the funds
transferred under paragraph (1) or (2) for activities
eligible under section [152] 148.
* * * * * * *
[Sec. 155. Access highways to public recreation areas on certain lakes
[(a) The Secretary is authorized to construct or
reconstruct access highways to public recreation areas on lakes
in order to accommodate present and projected traffic density.
The Secretary shall develop guidelines and standards for the
designation of routes and the allocation of funds for the
purpose of this section which shall include the following
criteria:
[(1) No portion of any access highway constructed
or reconstructed under this section shall exceed
thirty-five miles in length nor shall any portion of
such highway be located more than thirty-five miles
from the nearest part of such recreation area.
[(2) Routes shall be designated by the Secretary on
the recommendation of the State and responsible local
officials, after consultation with the head of the
Federal agency (if any) having jurisdiction over the
public recreation area involved.
[(b) The Federal share payable on account of any project
authorized pursuant to this section shall not exceed 75 per
centum of the cost of construction or reconstruction of such
project.
[(c) All of the provisions of this title applicable to
highways on the Federal-aid system (other than the Interstate
System) determined appropriate by the Secretary, except those
provisions which the Secretary determines are inconsistent with
this section, shall apply to any highway designated under this
section, which is not a part of the Federal-aid system when so
designated.
[(d) For the purpose of this section the term ``lake''
means any lake, reservoir, pool, or other body of water
resulting from the construction of any lock, dam, or similar
structure by the Corps of Engineers, Department of the Army, or
the Bureau of Reclamation, Department of the Interior, or the
Tennessee Valley Authority, and any multipurpose lake resulting
from construction assistance of the Soil Conservation Service,
Department of Agriculture. This section shall apply to lakes
heretofore or hereafter constructed or authorized for
construction.
[(e) There is authorized to be appropriated not to exceed
$25,000,000 for the fiscal year 1976 to carry out this section.
Amounts authorized by this subsection for a fiscal year shall
be available for that fiscal year and for the two succeeding
fiscal years.]
Sec. 155. State habitat, streams, and wetlands mitigation funds
(a) Establishment.--A State should establish a habitat,
streams, and wetlands mitigation fund (referred to in this
section as a ``State fund'').
(b) Purpose.--The purpose of a State fund is to encourage
efforts for habitat, streams, and wetlands mitigation in
advance of or in conjunction with highway projects to--
(1) ensure that the best habitat, streams, and
wetland mitigation sites now available are used; and
(2) accelerate transportation project delivery by
making high-quality habitat, streams, and wetland
mitigation credits available when needed.
(c) Funds.--A State may deposit into a State fund part of
the funds apportioned to the State under--
(1) section 104(b)(1) for the National Highway
System; and
(2) section 104(b)(3) for the surface
transportation program.
(d) Use.--
(1) In general.--Amounts deposited in a State fund
shall be used (in a manner consistent with this
section) for habitat, streams, or wetlands mitigation
related to 1 or more projects funded under this title,
including a project under the transportation
improvement program of the State developed under
section 135(f).
(2) Endangered species.--In carrying out this
section, a State and cooperating agency shall give
consideration to mitigation projects, on-site or off-
site, that restore and preserve the best available
sites to conserve biodiversity and habitat for--
(A) Federal or State listed threatened or
endangered species of plants and animals; and
(B) plant or animal species warranting
listing as threatened or endangered, as
determined by the Secretary of the Interior in
accordance with section 4(b)(3)(B) of the
Endangered Species Act of 1973 (16 U.S.C.
1533(b)(3)(B)).
(e) Consistency With Applicable Requirements.--
Contributions from the State fund to mitigation efforts may
occur in advance of project construction only if the efforts
are consistent with all applicable requirements of Federal law
(including regulations).
* * * * * * *
Sec. 162. National scenic byways program
(a) Designation of Roads.--
(1) In general.--The Secretary shall carry out a
national scenic byways program that recognizes roads
having outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by
designating the [roads as National Scenic Byways or
All-American Roads.] designated as--
(A) National Scenic Byways;
(B) All-American Roads; or
(C) America's Byways.
(2) Criteria.--The Secretary shall designate roads
to be recognized under the national scenic byways
program in accordance with criteria developed by the
Secretary.
(3) Nomination.--To be considered for the
designation, a road must be nominated by a State or a
Federal land management agency and must first be
designated as a State scenic byway or, in the case of a
road on Federal land, as a Federal land management
agency byway.
(b) Grants and Technical Assistance.--
(1) In general.--The Secretary shall make grants
and provide technical assistance to States to--
(A) implement projects on highways
[designated as National Scenic Byways or All-
American Roads, or as State scenic byways; and]
designated as--
(i) National Scenic Byways;
(ii) All-American Roads; or
(iii) America's Byways; and
(B) plan, design, and develop a State
scenic byway program.
(2) Priorities.--In making grants, the Secretary
shall give priority to--
(A) each eligible project that is
associated with a highway that has been
designated as a National Scenic [Byway or All-
American Road] Byway, All-American Road, or 1
of America's Byways and that is consistent with
the corridor management plan for the byway;
(B) each eligible project along a State-
designated scenic byway that is consistent with
the corridor management plan for the byway, or
is intended to foster the development of such a
plan, and is carried out to make the byway
eligible for [designation as a National Scenic
Byway or All-American Road; and] designation
as--
(i) a National Scenic Byway;
(ii) an All-American Road; or
(iii) 1 of America's Byways; and
(C) each eligible project that is
associated with the development of a State
scenic byway program.
(c) Eligible Projects.--The following are projects that are
eligible for Federal assistance under this section:
(1) An activity related to the planning, design, or
development of a State scenic byway program.
(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of
related amenities.
(3) Safety improvements to a State scenic byway,
National Scenic Byway, or All-American Road to the
extent that the improvements are necessary to
accommodate increased traffic and changes in the types
of vehicles using the highway as a result of the
designation as a State scenic byway, National Scenic
Byway, or All-American Road.
(4) Construction along a scenic byway of a facility
for pedestrians and bicyclists, rest area, turnout,
highway shoulder improvement, [passing lane,] overlook,
or interpretive facility.
(5) An improvement to a scenic byway that will
enhance access to an area for the purpose of
recreation, including water-related recreation.
(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an
area adjacent to a scenic byway.
(7) Development and provision of tourist
information to the public, including interpretive
information about a scenic byway.
(8) Development and implementation of a scenic
byway marketing program.
(d) Research, Technical Assistance, Marketing, and
Promotion.--
(1) In general.--The Secretary may carry out
technical assistance, marketing, market research, and
promotion with respect to State Scenic Byways, National
Scenic Byways, All-American Roads, and America's
Byways.
(2) Cooperation, grants, and contracts.--The
Secretary may make grants to, or enter into contracts,
cooperative agreements, and other transactions with,
any Federal agency, State agency, authority,
association, institution, for-profit or nonprofit
corporation, organization, or person, to carry out
projects and activities under this subsection.
(3) Funds.--The Secretary may use not more than
$2,000,000 for each fiscal year of funds made available
for the National Scenic Byways Program to carry out
projects and activities under this subsection.
(4) Priority.--The Secretary shall give priority
under this subsection to partnerships that leverage
Federal funds for research, technical assistance,
marketing and promotion.''; and
(3) in subsection (g) (as redesignated by paragraph
(1)), by striking ``80 percent'' and inserting ``the
share applicable under section 120(b), as adjusted
under subsection (d) of that section.
[(d)] (e) Limitation.--The Secretary shall not make a grant
under this section for any project that would not protect the
scenic, historical, recreational, cultural, natural, and
archaeological integrity of a highway and adjacent areas.
[(e)] (f) Savings Clause.--The Secretary shall not withhold
any grant or impose any requirement on a State as a condition
of providing a grant or technical assistance for any scenic
byway unless the requirement is consistent with the authority
provided in this chapter.
[(f)] (g) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80 percent,
except that, in the case of any scenic byway project along a
public road that provides access to or within Federal or Indian
land, a Federal land management agency may use funds authorized
for use by the agency as the non-Federal share.
* * * * * * *
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) Alcohol concentration.--The term ``alcohol
concentration'' means grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters
of breath.
(2) Driving while intoxicated; driving under the
influence.--The terms ``driving while intoxicated'' and
``driving under the influence'' mean driving or being
in actual physical control of a motor vehicle while
having an alcohol concentration above the permitted
limit as established by each State.
[(3) License suspension.--The term ``license
suspension'' means the suspension of all driving
privileges.]
(3) License suspension.--The term ``license
suspension'' means--
(A) the suspension of all driving
privileges of an individual for the duration of
the suspension period; or
(B) a combination of suspension of all
driving privileges of an individual for the
first 90 days of the suspension period,
followed by reinstatement of limited driving
privileges requiring the individual to operate
only motor vehicles equipped with an ignition
interlock system or other device approved by
the Secretary during the remainder of the
suspension period.
(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 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;
(B) be subject to the impoundment or
immobilization of each of the individual's
motor vehicles or the installation of an
ignition interlock system on each of the motor
vehicles;
(C) receive an assessment of the
individual's degree of abuse of alcohol and
treatment as appropriate; and
(D) receive--
(i) in the case of the second
offense--
(I) an assignment of not
less than 30 days of community
service; or
(II) not less than 5 days
of imprisonment; and
(ii) in the case of the third or
subsequent offense--
(I) an assignment of not
less than 60 days of community
service; or
(II) not less than 10 days
of imprisonment.
(b) Transfer of Funds.--
(1) * * *
* * * * * * *
(3) Use for hazard elimination program.--A State
may elect to use all or a portion of the funds
transferred under paragraph (1) or (2) for activities
eligible under section [152] 148.
* * * * * * *
Sec. 165. Eligibility for environmental restoration and pollution
abatement
(a) In General.--Subject to subsection (b), environmental
restoration and pollution abatement to minimize or mitigate the
impacts of any transportation project funded under this title
(including retrofitting and construction of storm water
treatment systems to meet Federal and State requirements under
sections 401 and 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1341, 1342)) may be carried out to address water
pollution or environmental degradation caused wholly or
partially by a transportation facility.
(b) Maximum Expenditure.--In a case in which a
transportation facility is undergoing reconstruction,
rehabilitation, resurfacing, or restoration, the expenditure of
funds under this section for environmental restoration or
pollution abatement described in subsection (a) shall not
exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration of the facility.
Sec. 166. Control of invasive plant species and establishment of native
species
(a) Definitions.--In this section:
(1) Invasive plant species--The term ``invasive
plant species'' means a nonindigenous species the
introduction of which causes or is likely to cause
economic or environmental harm or harm to human health.
(2) Native plant species.--The term ``native plant
species'' means, with respect to a particular
ecosystem, a species that, other than as result of an
introduction, historically occurred or currently occurs
in that ecosystem.
(b) Control of Species.--
(1) In general.--In accordance with all applicable
Federal law (including regulations), funds made
available to carry out this section may be used for--
(A) participation in the control of
invasive plant species; and
(B) the establishment of native species.
(2) Included activities.--The participation and
establishment under paragraph (1) may include--
(A) participation in statewide inventories
of invasive plant species and desirable plant
species;
(B) regional native plant habitat
conservation and mitigation;
(C) native revegetation; and
(D) training.
(3) Contributions.--
(A) In general.--Subject to subparagraph
(B), an activity described in paragraph (1) may
be carried out concurrently with, in advance
of, or following the construction of a project
funded under this title.
(B) Condition for activities conducted in
advance of project construction.--An activity
described in paragraph (1) may be carried out
in advance of construction of a project only if
the activity is carried out in accordance with
all applicable requirements of Federal law
(including regulations) and State
transportation planning processes.
Sec. 167. Highway stormwater discharge mitigation program
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(2) Eligible mitigation project.--The term
``eligible mitigation project'' means a practice or
technique that--
(A) improves stormwater discharge water
quality;
(B) attains preconstruction hydrology;
(C) promotes infiltration of stormwater
into groundwater;
(D) recharges groundwater;
(E) minimizes stream bank erosion;
(F) promotes natural filters;
(G) otherwise mitigates water quality
impacts of highway stormwater discharges,
improves surface water quality, or enhances
groundwater recharge; or
(H) reduces flooding caused by highway
stormwater discharge.
(3) Federal-aid highway and associated facility.--
The term ``Federal-aid highway and associated
facility'' means--
(A) a Federal-aid highway; or
(B) a facility or land owned by a State (or
political subdivision of a State) that is
directly associated with the Federal-aid
highway.
(4) Highway stormwater discharge.--The term
``highway stormwater discharge'' means stormwater
discharge from a Federal-aid highway, or a Federal-aid
highway and associated facility, that was constructed
before the date of enactment of this section.
(5) Highway stormwater discharge mitigation.--The
term ``highway stormwater discharge mitigation''
means--
(A) the reduction of water quality impacts
of stormwater discharges from Federal-aid
highways or Federal-aid highways and associated
facilities; or
(B) the enhancement of groundwater recharge
from stormwater discharges from Federal-aid
highways or Federal-aid highways and associated
facilities.
(6) Program.--The term ``program'' means the
highway stormwater discharge mitigation program
established under subsection (b).
(b) Establishment.--The Secretary shall establish a highway
stormwater discharge mitigation program--
(1) to improve the quality of stormwater discharge
from Federal-aid highways or Federal-aid highways and
associated facilities; and
(2) to enhance groundwater recharge.
(c) Priority of Projects.--For projects funded from the
allocation under section 133(d)(6), a State shall give priority
to projects sponsored by a State or local government that
assist the State or local government in complying with the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(d) Guidance.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary, in
consultation with the Administrator, shall issue
guidance to assist States in carrying out this section.
(2) Requirements for guidance.--The guidance issued
under paragraph (1) shall include information
concerning innovative technologies and nonstructural
best management practices to mitigate highway
stormwater discharges.
Sec. 168. Transportation systems management and operations
(a) In General.--The Secretary shall carry out a
transportation systems management and operations program to--
(1) ensure efficient and effective transportation
systems management and operations on Federal-aid
highways through collaboration, coordination, and real-
time information sharing at a regional and Statewide
level among--
(A) managers and operators of major modes
of transportation;
(B) public safety officials; and
(C) the general public; and
(2) manage and operate Federal-aid highways in a
coordinated manner to preserve the capacity and
maximize the performance of highway and transit
facilities for travelers and carriers.
(b) Authorized Activities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary may carry out activities
to--
(A) encourage managers and operators of
major modes of transportation, public safety
officials, and transportation planners in
urbanized areas that are responsible for
conducting the day-to-day management,
operations, public safety, and planning of
transportation facilities and services to
collaborate on and coordinate, on a regional
level and in a continuous and sustained manner,
improved transportation systems management and
operations; and
(B) encourage States to--
(i) establish a system of basic
real-time monitoring for the surface
transportation system; and
(ii) provide the means to share the
data gathered under clause (i) among--
(I) highway, transit, and
public safety agencies;
(II) jurisdictions
(including States, cities,
counties, and metropolitan
planning organizations);
(III) private-sector
entities; and
(IV) the general public.
(2) Activities.--Activities to be carried out under
paragraph (1) include--
(A) developing a regional concept of
operations that defines a regional strategy
shared by all transportation and public safety
participants with respect to the manner in
which the transportation systems of the region
should be managed, operated, and measured;
(B) the sharing of information among
operators, service providers, public safety
officials, and the general public; and
(C) guiding, in a regionally-coordinated
manner and in a manner consistent with and
integrated into the metropolitan and statewide
transportation planning processes and regional
intelligent transportation system architecture,
the implementation of regional transportation
system management and operations initiatives,
including--
(i) emergency evacuation and
response;
(ii) traffic incident management;
(iii) technology deployment; and
(iv) traveler information systems
delivery.
(c) Cooperation.--In carrying out the program under
subsection (a), the Secretary may assist and cooperate with
other Federal agencies, State and local governments,
metropolitan planning organizations, private industry, and
other interested parties to improve regional collaboration and
real-time information sharing between managers and operators of
major modes of transportation, public safety officials,
emergency managers, and the general public to increase the
security, safety, and reliability of Federal-aid highways.
(d) Guidance; Regulations.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary may issue guidance or
promulgate regulations for the procurement of
transportation system management and operations
facilities, equipment, and services, including--
(A) equipment procured in preparation for
natural disasters, disasters caused by human
activity, and emergencies;
(B) system hardware;
(C) software; and
(D) software integration services.
(2) Considerations.--In developing the guidance or
regulations under paragraph (1), the Secretary may
consider innovative procurement methods that support
the timely and streamlined execution of transportation
system management and operations programs and projects.
(3) Financial assistance.--The Secretary may
authorize the use of funds made available under section
104(b)(3) to provide assistance for regional operations
collaboration and coordination activities that are
associated with regional improvements, such as--
(A) traffic incident management;
(B) technology deployment;
(C) emergency management and response;
(D) traveler information; and
(E) congestion relief.
Sec. 169. Real-time system management information program
(a) In General.--The Secretary shall carry out a real-time
system management information program to--
(1) provide a nationwide system of basic real-time
information for managing and operating the surface
transportation system;
(2)(A) identify long-range real-time highway and
transit monitoring needs; and
(B) develop plans and strategies for meeting those
needs;
(3) provide the capability and means to share the
basic real-time information with State and local
governments and the traveling public; and
(4) provide the nationwide capability to monitor,
in real-time, the traffic and travel conditions of
major highways in the United States, and to share that
information with State and local governments and the
traveling public, to--
(A) improve the security of the surface
transportation system;
(B) address congestion problems;
(C) support improved response to weather
events; and
(D) facilitate the distribution of national
and regional traveler information.
(b) Data Exchange Formats.--Not later than 1 year after the
date of enactment of this section, the Secretary shall
establish data exchange formats to ensure that the data
provided by highway and transit monitoring systems (including
statewide incident reporting systems) can readily be exchanged
between jurisdictions to facilitate the nationwide availability
of information on traffic and travel conditions.
(c) Statewide Incident Reporting System.--Not later than 2
years after the date of enactment of this section, or not later
than 5 years after the date of enactment of this section if the
Secretary determines that adequate real-time communications
capability will not be available within 2 years after the date
of enactment of this section, each State shall establish a
statewide incident reporting system to facilitate the real-time
electronic reporting of highway and transit incidents to a
central location for use in--
(1) monitoring an incident;
(2) providing accurate traveler information on the
incident; and
(3) responding to the incident as appropriate.
(d) Regional ITS Architecture.--
(1) In general.--In developing or updating regional
intelligent transportation system architectures under
section 940.9 of title 23, Code of Federal Regulations
(or any successor regulation), States and local
governments shall address--
(A) the real-time highway and transit
information needs of the State or local
government, including coverage, monitoring
systems, data fusion and archiving, and methods
of exchanging or sharing information; and
(B) the systems needed to meet those needs.
(2) Data exchange formats.--In developing or
updating regional intelligent transportation system
architectures, States and local governments are
encouraged to incorporate the data exchange formats
developed by the Secretary under subsection (b) to
ensure that the data provided by highway and transit
monitoring systems can readily be--
(A) exchanged between jurisdictions; and
(B) shared with the traveling public.
(e) Eligible Funding.--Subject to project approval by the
Secretary, a State may--
(1) use funds apportioned to the State under
section 505(a) to carry out activities relating to the
planning of real-time monitoring elements; and
(2) use funds apportioned to the State under
paragraphs (1) and (3) of section 104(b) to carry out
activities relating to the planning and deployment of
real-time monitoring elements.
Sec. 170. Appalachian development highway system
(a) Apportionment.--
(1) In general.--The Secretary shall apportion
funds made available under section 1101(a)(7) of the
Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 for fiscal years 2004
through 2009 among States based on the latest available
estimate of the cost to construct highways and access
roads for the Appalachian development highway system
program prepared by the Appalachian Regional Commission
under section 14501 of title 40.
(2) Availability.--Funds described in paragraph (1)
shall be available to construct highways and access
roads under chapter 145 of title 40.
(b) Applicability of Title.--Funds made available under
section 1101(a)(7) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 for the Appalachian
development highway system shall be available for obligation in
the same manner as if the funds were apportioned under this
chapter, except that--
(1) the Federal share of the cost of any project
under this section shall be determined in accordance
with subtitle IV of title 40; and
(2) the funds shall remain available until
expended.
Sec. 171. Multistate corridor program
(a) Establishment and Purpose.--The Secretary shall carry
out a program to--
(1) support and encourage multistate transportation
planning and development; and
(2) facilitate transportation decisionmaking and
coordinate project delivery involving multistate
corridors.
(b) Eligible Recipients.--A State transportation department
and a metropolitan planning organization may receive and
administer funds provided under this section.
(c) Eligible Activities.--The Secretary shall make
allocations under this program for multistate highway and
multimodal planning studies and construction.
(d) Other Provisions Regarding Eligibility.--
(1) Studies.--All studies funded under this program
shall be consistent with the continuing, cooperative,
and comprehensive planning processes required by
sections 134 and 135.
(2) Construction.--All construction funded under
this program shall be consistent with section
133(b)(1).
(e) Selection Criteria.--The Secretary shall select studies
and projects to be carried out under the program based on--
(1) the existence and significance of signed and
binding multijurisdictional agreements;
(2) endorsement of the study or project by
applicable elected State and local representatives;
(3) prospects for early completion of the study or
project; or
(4) whether the projects to be studied or
constructed are located on corridors identified by
section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-
240; 105 Stat. 2032).
(f) Program Priorities.--In administering the program, the
Secretary shall--
(1) encourage and enable States and other
jurisdictions to work together to develop plans for
multimodal and multijurisdictional transportation
decisionmaking; and
(2) give priority to studies or projects that
emphasize multimodal planning, including planning for
operational improvements that--
(A) increase--
(i) mobility;
(ii) freight productivity;
(iii) access to marine or inland
ports;
(iv) safety and security; and
(v) reliability; and
(B) enhance the environment.
(g) Federal Share.--The Federal share of the cost of a
study or project carried out under the program, using funds
from all Federal sources, shall be 80 percent.
(h) Applicability.--Funds authorized to be appropriated
under section 1101(10) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 to carry out this
section shall be available for obligation in the same manner as
if the funds were apportioned under this chapter.
Sec. 172. Border planning, operations, technology, and capacity program
(a) Definitions.--In this section:
(1) Border state.--The term `border State' means
any of the States of Alaska, Arizona, California,
Idaho, Maine, Michigan, Minnesota, Montana, New
Hampshire, New Mexico, New York, North Dakota, Texas,
Vermont, and Washington.
(2) Program.--The term `program' means the border
planning, operations, technology, and capacity program
established under subsection (b).
(b) Establishment and Purpose.--The Secretary shall
establish and carry out a border planning, operations,
technology, and capacity improvement program to support
coordination and improvement in bi-national transportation
planning, operations, efficiency, information exchange, safety,
and security at the international borders of the United States
with Canada and Mexico.
(c) Eligible Recipients.--State transportation departments
and metropolitan planning organizations at or near an
international land border in a border State may receive and
administer funds allocated under the program.
(d) Eligible Activities.--
(1) In general.--The Secretary shall make
allocations under the program for projects to carry out
eligible activities described in paragraph (2) at or
near international land borders in border States.
(2) Eligible activities.--The eligible activities
referred to in paragraph (1) are--
(A) highway and multimodal planning or
environmental studies;
(B) cross-border port of entry and safety
inspection improvements, including operational
enhancements and technology applications;
(C) technology and information exchange
activities; and
(D) right-of-way acquisition, design, and
construction, as needed--
(i) to implement the enhancements
or applications described in
subparagraphs (B) and (C);
(ii) to decrease air pollution
emissions from vehicles or inspection
facilities at border crossings; or
(iii) to increase highway capacity
at or near international borders.
(e) Other Provisions Regarding Eligibility.--
(1) In general.--Each project funded under the
program shall be carried out in accordance with the
continuing, cooperative, and comprehensive planning
processes required by sections 134 and 135.
(2) Regionally significant projects.--To be funded
under the program, a regionally significant project
shall be included on the applicable transportation plan
and program required by sections 134 and 135.
(f) Selection Criteria.--The Secretary shall select
projects to be carried out under the program based on--
(1) expected benefits, including air quality
benefits, of the project in relation to the cost of the
project;
(2) prospects for early completion of the project;
(3) endorsement of the project by formally
constituted bi-national organizations with Federal and
State or provincial representation;
(4) the existence and significance of signed and
binding multijurisdictional agreements;
(5) contributions, in amounts at least equal to
required minimums, of--
(A) Federal funds made available for other
programs under this title; and
(B) Federal funds made available under a
provision of law other than this title; and
(6) the extent to which the benefits of the project
are multimodal.
(g) Program Priorities.--In administering the program, the
Secretary shall give priority to projects that emphasize--
(1) multimodal planning;
(2) improvements in infrastructure; and
(3) operational improvements that--
(A) increase safety, security, freight
capacity, or highway access to rail, marine,
and air services; and
(B) enhance the environment.
(h) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be 80 percent.
(i) Obligation.--Funds made available under section
1101(11) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 to carry out the program
shall be available for obligation in the same manner as if the
funds were apportioned under this chapter.
(j) Information Exchange.--No individual project the scope
of work of which is limited to information exchange shall
receive an allocation under the program in an amount that
exceeds $500,000 for any fiscal year.
(k) Projects in Canada or Mexico.--A project in Canada or
Mexico, proposed by a border State to directly and
predominantly facilitate cross-border vehicle and commercial
cargo movements at an international gateway or port of entry
into the border region of the State, may be constructed using
funds made available under the program if, before obligation of
those funds, Canada or Mexico, or the political subdivision of
Canada or Mexico that is responsible for the operation of the
facility to be constructed, provides assurances satisfactory to
the Secretary that any facility constructed under this
subsection will be--
(1) constructed in accordance with standards
equivalent to applicable standards in the United
States; and
(2) properly maintained and used over the useful
life of the facility for the purpose for which the
Secretary allocated funds to the project.
(l) Transfer of Funds to the General Services
Administration.--
(1) State funds.--At the request of a border State,
funds made available under the program may be
transferred to the General Services Administration for
the purpose of funding 1 or more specific projects if--
(A) the Secretary determines, after
consultation with the State transportation
department of the border State, that the
General Services Administration should carry
out the project; and
(B) the General Services Administration
agrees to accept the transfer of, and to
administer, those funds.
(2) Non-federal share.--
(A) In general.--A border State that makes
a request under paragraph (1) shall provide
directly to the General Services
Administration, for each project covered by the
request, the non-Federal share of the cost of
each project described in subsection (h).
(B) No augmentation of appropriations.--
Funds provided by a border State under
subparagraph (A)--
(i) shall not be considered to be
an augmentation of the appropriations
made available to the General Services
Administration; and
(ii) shall be--
(I) administered in
accordance with the procedures
of the General Services
Administration; but
(II) available for
obligation in the same manner
as if the funds were
apportioned under this chapter.
(C) Obligation authority.--Obligation
authority shall be transferred to the General
Services Administration in the same manner and
amount as the funds provided for projects under
subparagraph (A).
(3) Direct transfer of authorized funds.--
(A) In general.--In addition to allocations
to States and metropolitan planning
organizations under subsection (c), the
Secretary may transfer funds made available to
carry out this section to the General Services
Administration for construction of
transportation infrastructure projects at or
near the border in border States, if--
(i) the Secretary determines that
the transfer is necessary to
effectively carry out the purposes of
this program; and
(ii) the General Services
Administration agrees to accept the
transfer of, and to administer, those
funds.
(B) No augmentation of appropriations.--
Funds transferred by the Secretary under
subparagraph (A)--
(i) shall not be considered to be
an augmentation of the appropriations
made available to the General Services
Administration; and
(ii) shall be--
(I) administered in
accordance with the procedures
of the General Services
Administration; but
(II) available for
obligation in the same manner
as if the funds were
apportioned under this chapter.
(C) Obligation authority.--Obligation
authority shall be transferred to the General
Services Administration in the same manner and
amount as the funds transferred under
subparagraph (A).
(D) Nonapplicability of certain
provision.--Section 120 shall not apply to the
transfer of funds under this paragraph.
Sec. 173. Puerto Rico highway program
(a) In General.--The Secretary shall allocate funds
authorized by section 1101(a)(15) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 for
each of fiscal years 2004 through 2009 to the Commonwealth of
Puerto Rico to carry out a highway program in the Commonwealth.
(b) Applicability of Title.--
(1) In general.--Amounts made available by section
1101(a)(15) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 shall be
available for obligation in the same manner as if such
funds were apportioned under this chapter.
(2) Limitation on obligations.--The amounts shall
be subject to any limitation on obligations for
Federal-aid highway and highway safety construction
programs.
(c) Treatment of Funds.--Amounts made available to carry
out this section for a fiscal year shall be administered as
follows:
(1) Apportionment.--For purposes of this section,
the amounts shall be treated as being apportioned to
Puerto Rico under sections 104(b), 144, and 206, for
each program funded under those sections in an amount
determined by multiplying--
(A) the aggregate of the amounts for the
fiscal year; by
(B) the ratio that--
(i) the amount of funds apportioned
to Puerto Rico for each such program
for fiscal year 2003; bears to
(ii) the total amount of funds
apportioned to Puerto Rico for all such
programs for fiscal year 2003.
(2) Penalty.--The amounts treated as being
apportioned to Puerto Rico under each section referred
to in paragraph (1) shall be deemed to be required to
be apportioned to Puerto Rico under that section for
purposes of the imposition of any penalty under this
title and title 49.
(3) Effect on allocations and apportionments.--
Subject to paragraph (2), nothing in this section
affects any allocation under section 105 and any
apportionment under sections 104 and 144.
Sec. 174. National historic covered bridge preservation
(a) Definition of Historic Covered Bridge.--In this
section, the term `historic covered bridge' means a covered
bridge that is listed or eligible for listing on the National
Register of Historic Places.
(b) Historic Covered Bridge Preservation.--Subject to the
availability of appropriations, the Secretary shall--
(1) collect and disseminate information on historic
covered bridges;
(2) conduct educational programs relating to the
history and construction techniques of historic covered
bridges;
(3) conduct research on the history of historic
covered bridges; and
(4) conduct research on, and study techniques for,
protecting historic covered bridges from rot, fire,
natural disasters, or weight-related damage.
(c) Grants.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to a
State that submits an application to the Secretary that
demonstrates a need for assistance in carrying out 1 or
more historic covered bridge projects described in
paragraph (2).
(2) Eligible projects.--A grant under paragraph (1)
may be made for a project--
(A) to rehabilitate or repair a historic
covered bridge; or
(B) to preserve a historic covered bridge,
including through--
(i) installation of a fire
protection system, including a
fireproofing or fire detection system
and sprinklers;
(ii) installation of a system to
prevent vandalism and arson; or
(iii) relocation of a bridge to a
preservation site.
(3) Authenticity requirements.--A grant under
paragraph (1) may be made for a project only if--
(A) to the maximum extent practicable, the
project--
(i) is carried out in the most
historically appropriate manner; and
(ii) preserves the existing
structure of the historic covered
bridge; and
(B) the project provides for the
replacement of wooden components with wooden
components, unless the use of wood is
impracticable for safety reasons.
(4) Federal share.--The Federal share of the cost
of a project carried out with a grant under this
subsection shall be 80 percent.
(d) Funding.--There is authorized to be appropriated to
carry out this section $14,000,000 for each of fiscal years
2004 through 2009, to remain available until expended.
Sec. 175. Transportation and community and system preservation pilot
program
(a) Establishment.--The Secretary shall establish a
comprehensive program to facilitate the planning, development,
and implementation of strategies by States, metropolitan
planning organizations, federally-recognized Indian tribes, and
local governments to integrate transportation, community, and
system preservation plans and practices that address the goals
described in subsection (b).
(b) Goals.--The goals of the program are--
(1) to improve the efficiency of the transportation
system in the United States;
(2) to reduce the impacts of transportation on the
environment;
(3) reduce the need for costly future investments
in public infrastructure;
(4) to provide efficient access to jobs, services,
and centers of trade; and
(5) to examine development patterns, and to
identify strategies, to encourage private sector
development patterns that achieve the goals identified
in paragraphs (1) through (4).
(c) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to States,
metropolitan planning organizations, and local
governments to carry out projects to address
transportation efficiency and community and system
preservation.
(2) Criteria.--In allocating funds made available
to carry out this subsection, the Secretary shall give
priority to applicants that--
(A) have instituted preservation or
development plans and programs that--
(i) meet the requirements of this
title and chapter 53 of title 49,
United States Code; and
(ii)(I) are coordinated with State
and local adopted preservation or
development plans;
(II) are intended to promote cost-
effective and strategic investments in
transportation infrastructure that
minimize adverse impacts on the
environment; or
(III) are intended to promote
innovative private sector strategies.
(B) have instituted other policies to
integrate transportation and community and
system preservation practices, such as--
(i) spending policies that direct
funds to high-growth areas;
(ii) urban growth boundaries to
guide metropolitan expansion;
(iii) `green corridors' programs
that provide access to major highway
corridors for areas targeted for
efficient and compact development; or
(iv) other similar programs or
policies as determined by the
Secretary;
(C) have preservation or development
policies that include a mechanism for reducing
potential impacts of transportation activities
on the environment;
(D) examine ways to encourage private
sector investments that address the purposes of
this section; and
(E) propose projects for funding that
address the purposes described in subsection
(b)(2).
(3) Equitable distribution.--In allocating funds to
carry out this subsection, the Secretary shall ensure
the equitable distribution of funds to a diversity of
populations and geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds
made available to carry out this subsection
shall be used by the recipient to implement the
projects proposed in the application to the
Secretary.
(B) Types of projects.--The allocation of
funds shall be available for obligation for--
(i) any project eligible for
funding under this title or chapter 53
of title 49, United States Code; or
(ii) any other activity relating to
transportation and community and system
preservation that the Secretary
determines to be appropriate, including
corridor preservation activities that
are necessary to implement--
(I) transit-oriented
development plans;
(II) traffic calming
measures; or
(III) other coordinated
transportation and community
and system preservation
practices.
(d) 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
$50,000,000 for each of fiscal years 2004 through 2009.
(2) Contract authority.--Funds authorized under
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
this chapter.
* * * * * * *
Sec. 181. Definitions
In this subchapter, 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) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and
other preconstruction activities;
(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land related to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
(C) capitalized interest necessary to meet
market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
(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 with respect to a
project.
(3) Investment-grade rating.--The term
``investment-grade rating'' means a rating [category]
offered into the capital markets of BBB minus, Baa3, or
higher assigned by a rating agency to project
obligations offered into the capital markets.
(4) Lender.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986) that is a qualified institutional
buyer; and
(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(5) Line of credit.--The term ``line of credit''
means an agreement entered into by the Secretary with
an obligor under section 184 to provide a direct loan
at a future date upon the occurrence of certain events.
(6) Loan guarantee.--The term ``loan guarantee''
means any guarantee or other pledge by the Secretary to
pay all or part of the principal of and interest on a
loan or other debt obligation issued by an obligor and
funded by a lender.
[(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) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
(B) a project for an international bridge
or tunnel for which an international entity
authorized under Federal or State law is
responsible[.];
(C) a project for intercity passenger bus
or rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
[(D) a project for publicly owned
intermodal surface freight transfer facilities,
other than seaports and airports, if the
facilities are located on or adjacent to
National Highway System routes or connections
to the National Highway System.]
(D) a project that--
(i)(I) is a project for--
(aa) a public freight rail
facility or a private facility
providing public benefit;
(bb) an intermodal freight
transfer facility;
(cc) a means of access to a
facility described in item (aa)
or (bb);
(dd) a service improvement
for a facility described in
item (aa) or (bb) (including a
capital investment for an
intelligent transportation
system); or
(II) comprises a series of projects
described in subclause (I) with the
common objective of improving the flow
of goods;
(ii) may involve the combining of
private and public sector funds,
including investment of public funds in
private sector facility improvements;
and
(iii) if located within the
boundaries of a port terminal, includes
only such surface transportation
infrastructure modifications as are
necessary to facilitate direct
intermodal interchange, transfer, and
access into and out of the port.
[(10)] (9) Project obligation.--The term ``project
obligation'' means any note, bond, 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] credit 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.
[(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.
Sec. 182. Determination of eligibility and project selection
[(a) Eligibility.--To be eligible to receive financial
assistance under this subchapter, 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 this
subchapter.
(2) Application.--A State, 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, 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
(ii) [50] 20 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.
(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.
(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.
(5) Public sponsorship of private entities.--In the
case of a project that is undertaken by an entity that
is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraphs (1) and
(2).
(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) The extent to which the project
is nationally or regionally
significant, in terms of generating
economic benefits, supporting
international commerce, or otherwise
enhancing the national transportation
system.
(ii) The creditworthiness of the
project, including a determination by
the Secretary that any financing for
the project has appropriate security
features, such as a rate covenant, to
ensure repayment.
(iii) The extent to which
assistance under this subchapter would
foster innovative public-private
partnerships and attract private debt
or equity investment.
(iv) The likelihood that assistance
under this subchapter would enable the
project to proceed at an earlier date
than the project would otherwise be
able to proceed.
(v) The extent to which the project
uses new technologies, including
intelligent transportation systems,
that enhance the efficiency of the
project.
(vi) The amount of budget authority
required to fund the Federal credit
instrument made available under this
subchapter.
(vii) The extent to which the
project helps maintain or protect the
environment.
(viii) The extent to which
assistance under this chapter 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 and projects assisted with
the funds:
(1) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(2) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(3) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
Sec. 183. 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 182; or
(B) to refinance interim construction
financing of eligible project costs of any
project selected under section 182[;].
[of any project selected under section 182].
(2) Limitation on refinancing of interim
construction financing.--A loan under paragraph (1)
shall not refinance interim construction financing
under paragraph (1)(B) later than 1 year after the date
of substantial completion of the project.
(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), 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) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as the Secretary determines appropriate.
[(2) Maximum amount.--The amount of the secured
loan shall not exceed 33 percent of the reasonably
anticipated eligible project costs.]
(2) Maximum amount.--The amount of the secured loan
shall not exceed the lesser of--
(A) 33 percent of the reasonably
anticipated eligible project costs; or
(B) 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
(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
(B) may have a lien on revenues described
in subparagraph (A) subject to any lien
securing project obligations.
(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.
(5) Maturity date.--The final maturity date of the
secured loan shall be not later than 35 years after the
date of substantial completion of the project.
(6) Nonsubordination.--The secured loan shall not
be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
(8) Non-federal share.--The proceeds of a secured
loan under this subchapter 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) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on the projected cash flow from project
revenues and other repayment sources.
(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
[(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) Authorization.--If, at any time [during
the 10 years] after the date of substantial
completion of the project, the project is
unable to generate sufficient revenues to pay
the scheduled loan repayments of principal and
interest on the secured loan, the Secretary
may, subject to subparagraph (C), allow the
obligor to add unpaid principal and interest to
the outstanding balance of the secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until
fully repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan
[beginning not later than 10 years
after the date of substantial
completion of the project in accordance
with paragraph (1)].
(C) Criteria.--
(i) In general.--Any payment
deferral under subparagraph (A) shall
be contingent on the project meeting
criteria established by the Secretary.
(ii) Repayment standards.--The
criteria established under clause (i)
shall include standards for reasonable
assurance of repayment.
[(5)] (4) Prepayment.--
(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured loan and all deposit
requirements under the terms of any trust
agreement, bond resolution, or similar
agreement securing project obligations may be
applied annually to prepay the secured loan
without penalty.
(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon
as practicable after substantial completion of a
project and after notifying the obligor, the Secretary
may sell to another entity or reoffer into the capital
markets a secured loan for the project if the Secretary
determines that the sale or reoffering can be made on
favorable terms.
(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
if the Secretary determines that the budgetary cost of
the loan guarantee is substantially the same as that of
a secured loan.
(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for
a secured loan, except that the rate on the guaranteed
loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of
the Secretary.
Sec. 184. 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.
(2) Use of proceeds.--The proceeds of a line of
credit made available under this section shall be
available to pay debt service on project obligations
issued to finance eligible project costs, extraordinary
repair and replacement costs, operation and maintenance
expenses, and costs associated with unexpected Federal
or State environmental restrictions.
(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), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking
into account such letter.
(4) Investment-grade rating requirement.--The
funding of a line of credit under this section shall be
contingent on the project's senior obligations
receiving an investment-grade rating from at least 1
rating agency.
(b) Terms and Limitations.--
(1) In general.--A line of credit under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines appropriate.
(2) Maximum amounts.--
(A) Total amount.--The total amount of the
line of credit shall not exceed 33 percent of
the reasonably anticipated eligible project
costs.
(B) 1-year draws.--The amount drawn in any
1 year shall not exceed 20 percent of the total
amount of the line of credit.
(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] interest (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 the line of credit is obligated] United States
Treasury securities as of the date of execution of the
line of credit 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
(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
(B) may have a lien on revenues described
in subparagraph (A) subject to any lien
securing project obligations.
(6) Period of availability.--The line of credit
shall be available during the period beginning on the
date of substantial completion of the project and
ending not later than 10 years after that date.
(7) Rights of third-party creditors.--
(A) Against federal government.--A third-
party creditor of the obligor shall not have
any right against the Federal Government with
respect to any draw on the line of credit.
(B) Assignment.--An obligor may assign the
line of credit to 1 or more lenders or to a
trustee on the lenders' behalf.
(8) Nonsubordination.--A direct loan under this
section shall not be subordinated to the claims of any
holder of project obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor.
(9) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of providing a line of credit
under this section.
(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 of an amount that, combined
with the amount of the line of credit, exceeds 33
percent of eligible project costs.
(c) Repayment.--
(1) Terms and conditions.--The Secretary shall
establish repayment terms and conditions for each
direct loan under this section based on the projected
cash flow from project revenues and other repayment
sources.
(2) Timing.--All [scheduled] repayments of
principal or interest on a direct loan under this
section shallbe 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] to 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. 185. Program administration
(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made available
under this subchapter.
(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 instruments.
(c) Servicer.--
(1) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing
the Federal credit instruments.
(2) Duties.--The servicer shall act as the agent
for the Secretary.
(3) Fee.--The servicer shall receive a servicing
fee, subject to approval by the Secretary.
(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments.
* * * * * * *
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; and
[(E) $130,000,000 for fiscal year 2003.
[(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
2003.
[(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 2003, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
[Maximum amount
[Fiscal year: [of credit:
[1999................................................. $1,600,000,000
[2000................................................. $1,800,000,000
[2001................................................. $2,200,000,000
[2002................................................. $2,400,000,000
[2003.................................................$2,600,000,000.]
(a) 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 subchapter
$130,000,000 for each of fiscal years 2004 through
2009.
(2) Collected fees.--All fees collected under this
subchapter shall be made available to the Secretary,
without further appropriation, to carry out this
subchapter.
(3) Administrative costs.--Of amounts 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 2004 through 2009.
(4) 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 investment.
(2) Availability.--Amounts authorized under this
section for a fiscal year shall be available for
obligation on October 1 of the fiscal year.
[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.]
* * * * * * *
Chapter 2.--OTHER HIGHWAYS
Sec.
201. Authorizations.
202. Allocations.
203. Availability of funds.
204. Federal lands highways program.
[205. Forest development roads and trails.]
205. National Forest System roads and trails.
206. Recreational trails program.
207. Repealed.
208. Repealed.
209. Repealed.
210. Defense access roads.
211. [Repealed by P.L. 100-17.]
212. Inter-American Highway.
213. [Repealed by P.L. 100-17.]
214. Public lands development roads and trails.
[215. Territories highway development program.]
215. Territorial highway program.
216. Darien Gap Highway.
217. Bicycle transportation and pedestrian walkways.
218. Alaska Highway.
Sec. 201. Authorizations
The provision of this title shall apply to all
unappropriated authorizations contained in prior Acts, and also
to all unexpended appropriations heretofore made, providing for
the expenditure of Federal funds on the following classes of
highways: Forest highways, [forest development roads] National
Forest System roads and trails, park road, parkways, Indian
reservation roads, refuge roads, public lands highways,
recreation roads, and defense access roads. All such
authorizations and appropriations shall continue in full force
and effect, but hereafter obligations entered into and
expenditures made pursuant thereto shall be subject to the
provisions of this title.
* * * * * * *
Sec. 202. Allocations
[(a) On October 1 of each fiscal year, the Secretary
shall allocate the sums authorized to be appropriated for such
fiscal year for [forest development roads] National Forest
System roads and trails according to the relative needs of the
various national forests. Such allocation]
(a) Allocation Based on Need.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall allocate sums authorized to be
appropriated for the fiscal year for forest development
roads and trails according to the relative needs of the
various national forests and grassland.
(2) Planning.--The allocation under paragraph (1)
shall be consistent with the renewable resource and
land use planning for the various national forests.
[(b) On October 1 of each fiscal year, the Secretary
shall allocate 34 percent of the sums authorized to be
appropriated for such fiscal year for public lands highways
among those States having unappropriated or unreserved public
lands, nontaxable Indian lands or other Federal reservations,
on the basis of need in such States, respectively, as
determined by the Secretary upon application of the State
transportation departments of the respective States. The
Secretary shall give preference to those projects which are
significantly impacted by Federal land and resource management
activities which are proposed by a State which contains at
least 3 percent of the total public lands in the Nation. The
Secretary shall allocate 66 percent of the remainder of the
authorization for public lands highways for each fiscal year as
is provided in section 134 of the Federal-Aid Highway Act of
1987, and with respect to these allocations the Secretary shall
give equal consideration to projects that provide access to and
within the National Forest System, as identified by the
Secretary of Agriculture through renewable resources and land
use planning and the impact of such planning on existing
transportation facilities.]
(b) Allocation for Public Lands Highways.--
(1) Public lands highways.--
(A) In general.--On October 1 of each
fiscal year, the Secretary shall allocate 33\1/
3\ percent of the sums authorized to be
appropriated for that fiscal year for public
lands highways among those States having
unappropriated or unreserved public lands, or
nontaxable Indian lands or other Federal
reservations, on the basis of need in the
States, respectively, as determined by the
Secretary, on application of the State
transportation departments of the respective
States.
(B) Preference.--In making the allocation
under subparagraph (A), the Secretary shall
give preference to those projects that are
significantly impacted by Federal land and
resource management activities that are
proposed by a State that contains at least 3
percent of the total public land in the United
States.
(2) National forest system.--
(A) In general.--On October 1 of each
fiscal year, the Secretary shall allocate 66\2/
3\ percent of the funds authorized to be
appropriated for public lands highways for
forest highways in accordance with section 134
of the Federal-Aid Highway Act of 1987 (23
U.S.C. 202 note; 101 Stat. 173).
(B) Public access to and within national
forest system.--In making the allocation under
subparagraph (A), the Secretary shall give
equal consideration to projects that provide
access to and within the National Forest
System, as identified by the Secretary of
Agriculture through--
(i) renewable resource and land use
planning; and
(ii) assessments of the impact of
that planning on transportation
facilities.
[(c) On]
(c) Park Roads and Parkways.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall allocate the sums authorized to be
appropriated for such fiscal year for park roads and
parkways each according to the relative needs of the
various elements of the national park system, taking
into consideration the need for access as identified
through land use planning and the impact of such
planning on existing transportation facilities.
(2) Priority.--
(A) Definition of qualifying national
park.--In this paragraph, the term ``qualifying
national park'' means a National Park that is
used more than 1,000,000 recreational visitor
days per year, based on an average of the 3
most recent years of available data from the
National Park Service.
(B) Priority.--Notwithstanding any other
provision of law, with respect to funds
authorized for park roads and parkways, the
Secretary shall give priority in the allocation
of funds to projects for highways that--
(i) are located in, or provide
access to, a qualifying National Park;
and
(ii) were initially constructed
before 1940.
(C) Priority conflicts.--If there is a
conflict between projects described in
subparagraph (B), the Secretary shall give
highest priority to projects that--
(i) are in, or that provide access
to, parks that are adjacent to a
National Park of a foreign country; or
(ii) are located in more than 1
State;
(d) Indian Reservation Roads.--
(1) For fiscal years ending before october 1,
[1999]2005.--On October 1 of each fiscal year ending
before October 1, [1999] 2005, the Secretary shall
allocate the sums authorized to be appropriated for
such fiscal year for Indian reservation roads according
to the relative needs of the various reservations as
jointly identified by the Secretary and the Secretary
of the Interior.
(2) Fiscal year [2000] 2005 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] 2005 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.
(B) Regulations.--Notwithstanding sections
563(a) and 565(a) of title 5, the Secretary of
the Interior shall issue regulations governing
the Indian reservation roads program, and
establishing the funding formula for fiscal
year 2000 and each subsequent fiscal year under
this paragraph, in accordance with a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5. The regulations shall be
issued in final form not later than April 1,
[1999] 2004, and shall take effect not later
than October 1, 1999.
(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee
to carry out subparagraph (B), the Secretary of
the Interior shall--
(i) apply the procedures under
subchapter III of chapter 5 of title 5
in a manner that reflects the unique
government-to-government relationship
between the Indian tribes and the
United States; and
(ii) ensure that the membership of
the committee includes only
representatives of the Federal
Government and of geographically
diverse small, medium, and large Indian
tribes.
(D) Basis for funding formula.--The funding
formula established for fiscal year 2000 and
each subsequent fiscal year under this
paragraph shall be based on factors that
reflect--
(i) the relative needs of the
Indian tribes, and reservation or
tribal communities, for transportation
assistance; and
(ii) the relative administrative
capacities of, and challenges faced by,
various Indian tribes, including the
cost of road construction in each
Bureau of Indian Affairs area,
geographic isolation and difficulty in
maintaining all-weather access to
employment, commerce, health, safety,
and educational resources.
(E) Transferred funds.--
(i) In general.--Not later than 30
days after the date on which funds are
made available to the Secretary of the
Interior under this paragraph, the
funds shall be distributed to, and
available for immediate use by, the
eligible Indian tribes, in accordance
with the formula applicable for each
fiscal year.
(ii) Formula.--If the Secretary of
the Interior has not promulgated final
regulations for the distribution of
funds under clause (i) for a fiscal
year by the date on which the funds for
the fiscal year are required to be
distributed under that clause, the
Secretary of the Interior shall
distribute the funds under clause (i)
in accordance with the applicable
funding formula for the preceding year.
(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]
under this chapter and section 125(e) 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 and the approved
Indian reservation road transportation
improvement program.
(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.
(4) Reservation of funds.--
(A) Nationwide priority program.--The
Secretary shall establish a nationwide priority
program for improving deficient Indian
reservation road bridges.
[(B) Reservation.--Of the amounts
authorized to be appropriated for Indian
reservation roads for each fiscal year, the
Secretary, in cooperation with the Secretary of
the Interior, shall reserve not less than
$13,000,000 for projects to replace,]
(B) Funding.--
(i) Reservation of funds.--Of the
amounts authorized to be appropriated
for Indian reservation roads for each
fiscal year, the Secretary, in
cooperation with the Secretary of the
Interior, shall reserve not less than
$15,000,000 for each of fiscal years
2004 through 2009 to carry out
planning, design, engineering,
preconstruction, construction, and
inspection of projects to replace,
rehabilitate, seismically retrofit,
paint, apply calcium magnesium acetate,
sodium acetate/formate, or other
environmentally acceptable, minimally
corrosive anti-icing and de-icing
compositions or install scour
countermeasures for deficient Indian
reservation road bridges, including
multiple-pipe culverts.
(ii) Availability.--Funds made
available to carry out this
subparagraph shall be available for
obligation in the same manner as if the
funds were apportioned under chapter 1.
(C) Eligible bridges.--To be eligible to
receive funding under this subsection, a bridge
described in subparagraph (A) must--
(i) have an opening of 20 feet or
more;
(ii) be on an Indian reservation
road;
(iii) be unsafe because of
structural deficiencies, physical
deterioration, or functional
obsolescence; and
(iv) be recorded in the national
bridge inventory administered by the
Secretary under subsection (b).
[(D) Approval requirement.--Funds to carry
out Indian reservation road bridge projects
under this subsection shall be made available
only on approval of plans, specifications, and
estimates by the Secretary.]
(D) Approval requirement.--
(i) In general.--Subject to clause
(ii), on request by an Indian tribe or
the Secretary of the Interior, the
Secretary may make funds available
under this subsection for preliminary
engineering for Indian reservation road
bridge projects.
(ii) Construction and construction
engineering.--The Secretary may make
funds available under clause (i) for
construction and construction
engineering only after approval by the
Secretary of applicable plans,
specifications, and estimates.
(e) Refuge Roads.--On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that
fiscal year for refuge roads according to the relative needs of
the various refuges in the National Wildlife [Refuge System]
Refuge System and the various national fish hatcheries, and
taking into consideration--
(1) the comprehensive conservation plan for each
refuge;
(2) the need for access as identified through land
use planning; and
(3) the impact of land use planning on existing
transportation facilities.
(f) Administration of Indian Reservation Roads.--
Notwithstanding any other provision of law, for any fiscal year
not more than 6 percent of the contract authority amounts made
available from the Highway Trust Fund to the Bureau of Indian
Affairs under this title shall be used to pay the expenses
incurred by the Bureau in administering the Indian reservation
roads program (including the administrative expenses relating
to individual projects associated with the Indian reservation
roads program).
(g) Safety.--Subject to paragraph (2), on October 1 of each
fiscal year, the Secretary shall allocate the sums authorized
to be appropriated for the fiscal year for safety as follows:
(1) 12 percent to the Bureau of Reclamation.
(2) 18 percent to the Bureau of Indian Affairs.
(3) 17 percent to the Bureau of Land Management.
(4) 17 percent to the Forest Service.
(5) 7 percent to the United States Fish and
Wildlife Service.
(6) 17 percent to the National Park Service.
(7) 12 percent to the Corps of Engineers.
(h) Recreation Roads.--
(1) In general.--Subject to paragraphs (2) and (3),
on October 1 of each fiscal year, the Secretary, after
completing the transfer under subsection 204(i), shall
allocate the sums authorized to be appropriated for the
fiscal year for recreation roads as follows:
(A) 8 percent to the Bureau of Reclamation.
(B) 9 percent to the Corps of Engineers.
(C) 13 percent to the Bureau of Land
Management.
(D) 70 percent to the Forest Service.
(2) Allocation within agencies.--Recreation road
funds allocated to a Federal agency under paragraph (1)
shall be allocated for projects and activities of the
Federal agency according to the relative needs of each
area served by recreation roads under the jurisdiction
of the Federal agency, as indicated in the approved
transportation improvement program for each Federal
agency.
* * * * * * *
Sec. 203. Availability of funds
Funds authorized for [forest development roads] National
Forest System roads and trails, public lands development roads
and trails, park road, parkways, refuge roads, safety projects
or activities Indian reservation roads, recreation roads and
public lands highways shall be available for contract upon
apportionment, or on October 1, of the fiscal year for which
authorized if no apportionment is required. Any amount
remaining unexpended for a period of three years after the
close of the fiscal year for which authorized shall lapse. The
Secretary of the Department charged with the administration of
such funds is granted authority to incur obligations, approve
projects, and enter into contracts under such authorizations
and his action in doing so shall be deemed a contractual
obligation of the United States for the payment of the cost
thereof and such funds shall be deemed to have been expended
when so obligated. Any funds heretofore or hereafter authorized
for any fiscal year for forest development roads and trails,
public lands development roads and trails, park road, parkways,
refuge roads, safety projects or activities Indian roads,
recreation roads and public lands highways shall be deemed to
have been expended if a sum equal to the total of the sums
authorized for such fiscal year and previous fiscal years since
and including the fiscal year ending June 30, 1955, shall have
been obligated. Any of such funds released by payment of final
voucher or modification of project authorizations shall be
credited to the balance of unobligated authorizations and be
immediately available for expenditure. Notwithstanding any
other provision of law, the authorization by the Secretary of
engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal
lands highways program project, shall be deemed to constitute a
contractual obligation of the Federal Government to pay the
Federal share of the cost of the project.
* * * * * * *
Sec. 204. Federal Lands Highways Program
(a) Establishment.--
(1) In general.--Recognizing the need for all
Federal roads that are public roads to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways, there is established a
coordinated Federal lands highways program that shall
apply to [public lands highways,] public lands
highways, recreation roads, and forest highways park
roads and parkways,refuge roads and Indian reservation
roads and bridges.
(2) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
develop, by rule, transportation planning procedures
that are consistent with the metropolitan and statewide
planning processes required under sections 134 and 135.
(3) Approval of transportation improvement
program.--The transportation improvement program
developed as a part of the transportation planning
process under this section shall be approved by the
Secretary.
(4) Inclusion in other plans.--All regionally
significant Federal lands highways program projects--
(A) shall be developed in cooperation with
States and metropolitan planning organizations;
and
(B) shall be included in appropriate
Federal lands highways program, State, and
metropolitan plans and transportation
improvement programs.
(5) Inclusion in state programs.--The approved
Federal lands highways program transportation
improvement program shall be included in appropriate
State and metropolitan planning organization plans and
programs without further action on the transportation
improvement program.
(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, develop by
rule safety, bridge, pavement, and congestion
management systems for roads funded under the Federal
lands highways program.
[(b) Funds available for public lands highways, park roads
and parkways, and Indian reservation roads shall be used by the
Secretary and the Secretary of the appropriate Federal land
management agency to pay for the cost of transportation
planning, research, engineering, and construction of the
highways, roads, and parkways, or of transit facilities within
public lands, national parks, and Indian reservations. In
connection with activities under the preceding sentence, the
Secretary and the Secretary of the appropriate Federal land
management agency may enter into construction contracts and
other appropriate contracts with a State or civil subdivision
of a State or Indian tribe. In the case of Indian reservation
roads, Indian labor may be employed in such construction and
improvement under such rules and regulations as may be
prescribed by the Secretary of the Interior. No ceiling on
Federal employment shall be applicable to construction or
improvement of Indian reservation roads. Funds available for
each class of Federal lands highways shall be available for any
kind of transportation project eligible for assistance under
this title that is within or adjacent to or provides access to
the areas served by the particular class of Federal lands
highways. The Secretary of Interior may reserve funds from the
Bureau of Indian Affairs' administrative funds associated with
the Indian reservation roads program to finance the Indian
technical centers authorized under section 504(b).]
(b) Use of Funds.--
(1) In general.--Funds available for public lands
highways, recreation roads, park roads and parkways,
forest highways, and Indian reservation roads shall be
used by the Secretary and the Secretary of the
appropriate Federal land management agency to pay the
cost of transportation planning, research, engineering,
operation and maintenance of transit facilities, and
construction of the highways, roads, parkways, forest
highways, and transit facilities located on public
land, national parks, and Indian reservations.
(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a construction contract or other
appropriate agreement with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Indian reservation roads.--In the case of an
Indian reservation road--
(A) Indian labor may be used, in accordance
with such rules and regulations as may be
promulgated by the Secretary of the Interior,
to carry out any construction or other activity
described in paragraph (1); and
(B) funds made available to carry out this
section may be used to pay bridge
preconstruction costs (including planning,
design, and engineering).
(4) Federal employment.--No maximum on Federal
employment shall be applicable to construction or
improvement of Indian reservation roads.
(5) Availability of funds.--Funds available under
this section for each class of Federal lands highway
shall be available for any kind of transportation
project eligible for assistance under this title that
is within or adjacent to, or that provides access to,
the areas served by the particular class of Federal
lands highway.
(6) Reservation of funds.--The Secretary of the
Interior may reserve funds from administrative funds of
the Bureau of Indian Affairs that are associated with
the Indian reservation road program to finance the
Indian technical centers authorized under section
504(b).
(c) Before approving as a project on an Indian reservation
road any project eligible for funds apportioned under section
104 or section 144 of this title in a State, the Secretary must
determine that the obligation of funds for such project is
supplementary to and not in lieu of the obligation, for
projects on Indian reservation roads, of a fair and equitable
share of funds apportioned to such State under section 104 of
this title. Notwithstanding any other provision of this title,
Indian reservation roads under the jurisdiction of the Bureau
of Indian Affairs of the Department of the Interior shall be
eligible to expend not more than 15 percent funds apportioned
for Indian reservation roads from the Highway Trust Fund for
the purpose of road sealing projects. The Bureau of Indian
Affairs shall continue to retain responsibility, including
annual funding request responsibility, for road maintenance
programs on Indian reservations.
(d) Cooperation of States, counties, or other local
subdivisions may be accepted in construction and improvement,
and any funds received from a State, county, or local
subdivision shall be credited to appropriations available for
the class of Federal lands highways to which such funds were
contributed.
(e) Construction of each project shall be performed by
contract awarded by competitive bidding, unless the Secretary
or the Secretary of the appropriate Federal land management
agency shall affirmatively find that, under the circumstances
relating to such project, some other method is in the public
interest. Notwithstanding the foregoing, the provisions of
section 23 of the ``Buy Indian'' Act of June 25, 1910 (36 Stat.
891), and the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (88 Stat. 2205)
shall apply to all funds administered by the Secretary of the
Interior which are appropriated for the construction and
improvement of Indian reservation roads.
(f) All appropriations for the construction and improvement
of each class of Federal lands highways shall be administered
in conformity with regulations and agreements jointly approved
by the Secretary and the Secretary of the appropriate Federal
land managing agency.
(g) The Secretary shall transfer to the Secretary of
Agriculture from appropriations for forest highways such
amounts as may be needed to cover necessary administrative
expenses of the Forest Service in connection with forest
highways.
(h) Eligible Projects.--Funds available for each class of
Federal lands highways may be available for the following:
(1) Transportation planning for tourism and
recreational travel including the National Forest
Scenic Byways Program, Bureau of Land Management Back
Country Byways Program, National Trail System Program,
and other similar Federal programs that benefit
recreational development.
(2) Adjacent vehicular parking areas.
(3) Interpretive signage.
(4) Acquisition of necessary scenic easements and
scenic or historic sites.
(5) Provision for pedestrians and bicycles.
(6) Construction and reconstruction of roadside
rest areas including sanitary and water facilities.
(7) Other appropriate public road facilities such
as visitor centers as determined by the Secretary.
(8) A project to build a replacement of the
federally owned bridge over the Hoover Dam in the Lake
Mead National Recreation Area between Nevada and
Arizona.
(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
(1) Administrative costs.--The Secretary shall
transfer to the appropriate Federal land management
agency from amounts made available for [public lands
highways] public lands highways, recreation roads, and
forest highways such amounts as are necessary to pay
necessary administrative costs of the agency in
connection with public lands highways.
(2) Transportation planning costs.--The Secretary
shall transfer to the appropriate Federal land
management agency from amounts made available for
[public lands highways] public lands highways,
recreation roads, and forest highways such amounts as
are necessary to pay the cost to the agency to conduct
necessary transportation planning for Federal lands, if
funding for the planning is not otherwise provided
under this section.
(j) Indian Reservation Roads Planning.--Up to 2 percent of
funds made available for Indian reservation roads for each
fiscal year shall be allocated to those Indian tribal
governments applying for transportation planning pursuant to
the provisions of the Indian Self-Determination and Education
Assistance Act. The Indian tribal government, in cooperation
with the Secretary of the Interior, and as appropriate, with a
State, local government, or metropolitan planning organization,
shall carry out a transportation planning process in accordance
with subsection (a). Projects shall be selected by the Indian
tribal government from the transportation improvement program
and shall be subject to the approval of the Secretary of the
Interior and the Secretary.
(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) maintenance and improvements of refuge
roads;
(B) maintenance and improvements of
eligible projects described in paragraphs [(2),
(5),] (2), (3), (5), and (6) of subsection (h)
that are located in or adjacent to wildlife
refuges; [and]
(C) administrative costs associated with
such maintenance and improvements[.];
(D) maintenance of public roads in national
fish hatcheries under the jurisdiction of the
United States Fish and Wildlife Service;
(E) the non-Federal share of the cost of
any project funded under this title or chapter
53 of title 49 that provides access to or
within a wildlife refuge; and
(F) maintenance and improvement of
recreational trails (except that expenditures
on trails under this subparagraph shall not
exceed 5 percent of available funds for each
fiscal year).
(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the Interior, as
appropriate, may enter into contracts with a State or
civil subdivision of a State or Indian tribe as is
determined advisable.
(3) Compliance with other law.--Funds made
available for refuge roads shall be used only for
projects that are in compliance with the National
Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.).
(l) Safety Activities.--
(1) In general.--Notwithstanding any other
provision of this title, funds made available for
safety under this title shall be used by the Secretary
and the head of the appropriate Federal land management
agency only to pay the costs of carrying out--
(A) transportation safety improvement
activities;
(B) activities to eliminate high-accident
locations;
(C) projects to implement protective
measures at, or eliminate, at-grade railway-
highway crossings;
(D) collection of safety information;
(E) transportation planning projects or
activities;
(F) bridge inspection;
(G) development and operation of safety
management systems;
(H) highway safety education programs; and
(I) other eligible safety projects and
activities authorized under chapter 4.
(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal
land management agency may enter into contracts or
agreements with--
(A) a State;
(B) a political subdivision of a State; or
(C) an Indian tribe.
(3) Exception.--The cost sharing requirements under
the Federal Water Project Recreation Act (16 U.S.C.
460l-12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.
(m) Recreation Roads.--
(1) In general.--Notwithstanding any other
provision of this title, funds made available for
recreation roads under this title shall be used by the
Secretary and the Secretary of the appropriate Federal
land management agency only to pay the cost of--
(A) maintenance or improvements of existing
recreation roads;
(B) maintenance and improvements of
eligible projects described in paragraph (1),
(2), (3), (5), or (6) of subsection (h) that
are located in or adjacent to Federal land
under the jurisdiction of--
(i) the Department of Agriculture
(ii) the Department of Defense; or
(iii) the Department of the
Interior;
(C) transportation planning and
administrative activities associated with those
maintenance and improvements; and
(D) the non-Federal share of the cost of
any project funded under this title or chapter
53 of title 49 that provides access to or
within Federal land described in subparagraph
(B).
(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal
land management agency may enter into contracts or
agreements with--
(A) a State;
(B) a political subdivision of a State; or
(C) an Indian tribe.
(3) New roads.--No funds made available under this
section shall be used to pay the cost of the design or
construction of new recreation roads.
(4) Compliance with other environmental laws.--A
maintenance or improvement project that is funded under
this subsection, and that is consistent with or has
been identified in a land use plan for an area under
the jurisdiction of a Federal agency, shall not require
any additional environmental reviews or assessments
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if--
(A) the Federal agency that promulgated the
land use plan analyzed the specific proposal
for the maintenance or improvement project
under that Act; and
(B) as of the date on which the funds are
to be expended, there are--
(i) no significant changes to the
proposal bearing on environmental
concerns; and
(ii) no significant new
information.
(5) Exception.--The cost sharing requirements under
the Federal Water Project Recreation Act (16 U.S.C.
460l-12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.
(n) Tribal-State Road Maintenance Agreements.--
(1) In general.--Notwithstanding any other
provision of law, regulation, policy, or guideline, an
Indian tribe and a State may enter into a road
maintenance agreement under which an Indian tribe
assumes the responsibilities of the State for--
(A) Indian reservation roads; and
(B) roads providing access to Indian
reservation roads.
(2) Tribal-state agreements.--Agreements entered
into under paragraph (1)--
(A) shall be negotiated between the State
and the Indian tribe; and
(B) shall not require the approval of the
Secretary.
(3) Annual report.--Effective beginning with fiscal
year 2004, the Secretary shall prepare and submit to
Congress an annual report that identifies--
(A) the Indian tribes and States that have
entered into agreements under paragraph (1);
(B) the number of miles of roads for which
Indian tribes have assumed maintenance
responsibilities; and
(C) the amount of funding transferred to
Indian tribes for the fiscal year under
agreements entered into under paragraph (1).
(o) Forest Highways.--Of the amounts made available for
forest highways, $15,000,000 for each fiscal year shall be used
to repair culverts and bridges on forest highways to--I22
(1) facilitate appropriate fish passage and ensure reasonable
flows; and
(2) maintain and remove such culverts and bridges
as appropriate.
* * * * * * *
[Sec. 205. Forest development roads and trails]
Sec. 205. National Forest System roads and trails
(a) Funds available for [forest development roads] National
Forest System roads and trails shall be used by the Secretary
of Agriculture to pay for the costs of construction and
maintenance thereof, including roads and trails on experimental
and other areas under Forest Service administration. In
connection therewith, the Secretary of Agriculture may enter
into contracts with a State or civil subdivision thereof, and
issue such regulations as he deems advisable.
(b) Cooperation of States, counties, or other local
subdivisions may be accepted but shall not be required by the
Secretary of Agriculture.
(c) Construction estimated to cost $50,000 or more per mile
or $50,000 or more per project for projects with a length of
less than one mile, exclusive of bridges and engineering, shall
be advertised and let to contract. If such estimated cost is
less than $50,000 per mile or $50,000 per project for projects
with a length of less than one mile or if, after proper
advertising, no acceptable bid is received or the bids are
deemed excessive, the work may be done by the Secretary of
Agriculture on his own account.
(d) Funds available for [forest development roads] National
Forest System roads and trails shall be available for adjacent
vehicular parking areas and for sanitary, water, and fire
control facilities.]
* * * * * * *
Sec. 206. Recreational trails program
(a) Definitions.--In this section, the following
definitions apply:
(1) Motorized recreation.--The term ``motorized
recreation'' means off-road recreation using any motor-
powered vehicle, except for a motorized wheelchair.
(2) Recreational trail.--The term ``recreational
trail'' means a thoroughfare or track across land or
snow, used for recreational purposes such as--
(A) pedestrian activities, including
wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including
carriage driving;
(D) nonmotorized snow trail activities,
including skiing;
(E) bicycling or use of other human-powered
vehicles;
(F) aquatic or water activities; and
(G) motorized vehicular activities,
including all-terrain vehicle riding,
motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road
motorized vehicles.
(b) Program.--In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program to
provide and maintain recreational trails.
(c) State Responsibilities.--[To be eligible for
apportionments under this section]
(1) In general.--To be eligible for apportionments
under this section--
[(1)] (A) the Governor of the State shall
designate the State agency or agencies that
will be responsible for administering
apportionments made to the State under this
section; and
[(2)] (B) the State shall establish a State
recreational trail advisory committee that
represents both motorized and nonmotorized
recreational trail users, which shall meet not
less often than once per fiscal year.
(2) Obligation requirement.--If a State does not
meet the requirements under paragraph (1) within a
fiscal year, the State shall not be eligible for an
apportionment in the following fiscal year.
(d) Use of Apportioned Funds.--
(1) In general.--Funds apportioned to a State to
carry out this section shall be obligated for
recreational trails and related projects that--
(A) have been planned and developed under
the laws, policies, and administrative
procedures of the State; and
(B) are identified in, or further a
specific goal of, a recreational trail plan, or
a statewide comprehensive outdoor recreation
plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.), that is in effect.
[(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
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 land,
construction of the trails shall be--
(i) permissible under other law;
(ii) necessary and recommended by a
statewide comprehensive outdoor
recreation plan that is--
(I) required under the Land
and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 et
seq.); and
(II) in effect;
(iii) approved by the administering
agency of the State designated under
subsection (c)(1)(A); and
(iv) approved by each Federal
agency having jurisdiction over the
affected land, 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--
(I) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et. seq.);
(II) the Forest and
Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C.
1600 et. seq.); and
(III) 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) use of trail crews, youth conservation
or service corps, or other appropriate means to
carry out activities under this section;
(H) development and dissemination of
publications and operation of educational
programs to promote safety and environmental
protection, as those objectives relate to 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
(I) 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) In general.--Except as provided in
subparagraphs (B), (C), and (D), of the
apportionments made to a State for a fiscal
year to carry out this section--
(i) 40 percent shall be used for
recreational trail or related projects
that facilitate diverse recreational
trail use within a recreational trail
corridor, trailside, or trailhead,
regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate
both motorized and nonmotorized
recreational trail use;
(ii) 30 percent shall be used for
uses relating to motorized recreation;
and
(iii) 30 percent shall be used for
uses relating to nonmotorized
recreation.
(B) Small state exclusion.--Any State with
a total land area of less than 3,500,000 acres
shall be exempt from the requirements of
clauses (ii) and (iii) of subparagraph (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) State administrative costs.--State
administrative costs eligible for funding under
paragraph [(2)(F)] (2)(I) shall be exempt from
the requirements of subparagraph (A).
(E) Use of youth conservation or service
corps.--A State shall make available not less
than 10 percent of the apportionments of the
State to provide grants to, or to enter into
cooperative agreements or contracts with,
qualified youth conservation or service corps
to perform recreational trails program
activities.
(4) Grants.--
(A) In general.--A State may use funds
apportioned to the State to carry out this
section to make grants to private
organizations, municipal, county, State, and
Federal Government entities, and other
government entities as approved by the State
after considering guidance from the State
recreational trail advisory committee
established under subsection (c)(2), for uses
consistent with this section.
(B) Compliance.--A State that makes grants
under subparagraph (A) shall establish measures
to verify that recipients of the grants comply
with the conditions of the program for the use
of grant funds.
(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of this
section, a State should give consideration to project proposals
that provide for the redesign, reconstruction, nonroutine
maintenance, or relocation of recreational trails to benefit
the natural environment or to mitigate and minimize the impact
to the natural environment.
(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.
(3) Use of funds from federal programs to provide
non-federal share.--Notwithstanding any other provision
of law, the non-Federal share of the cost of the
project may include amounts made available by the
Federal Government under any Federal program 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) 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 to pay 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).]
(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
(1) condemnation of any kind of interest in
property;
(2) construction of any recreational trail on
National Forest System land for any motorized use
unless--
(A) the land has been designated for uses
other than wilderness by an approved forest
land and resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
(B) the construction is otherwise
consistent with the management direction in the
approved forest land and resource management
plan;
(3) construction of any recreational trail on
Bureau of Land Management land for any motorized use
unless the land--
(A) has been designated for uses other than
wilderness by an approved Bureau of Land
Management resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
(B) the construction is otherwise
consistent with the management direction in the
approved management plan; or
(4) upgrading, expanding, or otherwise facilitating
motorized use or access to recreational trails
predominantly used by nonmotorized recreational trail
users and on which, as of May 1, 1991, motorized use
was prohibited or had not occurred.
(h) Project Administration.--
(1) Credit for donations of funds, materials,
services, or new right-of-way.--
(A) In general.--Nothing in this title or
other law shall prevent a project sponsor from
offering to donate funds, materials, services,
or a new right-of-way for the purposes of a
project eligible for assistance under this
section. Any funds, or the fair market value of
any materials, services, or new right-of-way,
may be donated by any project sponsor and shall
be credited to the non-Federal share in
accordance with subsection (f).
(B) Federal project sponsors.--Any funds or
the fair market value of any materials or
services may be provided by a Federal project
sponsor and shall be credited to the Federal
agency's share in accordance with subsection
(f).
(C) Planning and environmental assessment
costs incurred prior to project approval.--A
project funded under any of subparagraphs (A)
through (H) of subsection (d)(2) may permit
preapproval planning and environmental
compliance costs incurred not more than 18
months before project approval to be credited
toward the non-Federal share in accordance with
subsection (f).
[(2) Recreational purpose.--A project funded under
this section is intended to enhance recreational
opportunity and is not subject to section 138 of this
title or section 303 of title 49.]
(2) Waiver of highway program requirements.--A
project funded under this section--
(A) is intended to enhance recreational
opportunity;
(B) is not considered to be a highway
project; and
(C) is not subject to--
(i) section 112, 114, 116, 134,
135, 138, 217, or 301 of this title; or
(ii) section 303 of title 49.
(3) Continuing recreational use.--At the option of
each State, funds apportioned to the State to carry out
this section may be treated as Land and Water
Conservation Fund apportionments for the purposes of
section 6(f)(3) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(f)(3)).
(4) Cooperation by private persons.--
(A) Written assurances.--As a condition of
making available apportionments for work on
recreational trails that would affect privately
owned land, a State shall obtain written
assurances that the owner of the land will
cooperate with the State and participate as
necessary in the activities to be conducted.
(B) Public access.--Any use of the
apportionments to a State to carry out this
section on privately owned land must be
accompanied by an easement or other legally
binding agreement that ensures public access to
the recreational trail improvements funded by
the apportionments.
(i) Contract Authority.--Funds authorized to carry out this
section shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1, except that the
Federal share of the cost of a project under this section shall
be determined in accordance with this section.
* * * * * * *
[Sec. 215. Territorial highway program
[(a) Recognizing the mutual benefits that will accrue to
the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands, and to the United States from
the improvement of highways in such territories of the United
States, the Secretary is authorized to assist each such
territorial government in a program for the construction and
improvement of a system of arterial highways, and necessary
interisland connectors designated by the Governor of such
territory and approved by the Secretary. Federal financial
assistance shall be granted under this subsection to such
territories upon the basis of a Federal contribution of 100 per
centum of the cost of any project.
[(b) In order to establish a long-range highway development
program, the Secretary is authorized to provide technical
assistance for the establishment of an appropriate agency to
administer on a continuing basis highway planning, design,
construction and maintenance operations, the development of a
system of arterial and collector highways, including necessary
interisland connectors, and the establishment of advance
acquisition of right-of-way and relocation assistance programs.
[(c) No part of the appropriations authorized under this
section shall be available for obligation or expenditure with
respect to any territory until the Governor enters into an
agreement with the Secretary providing that the government of
such territory (1) will design and construct a system of
arterial and collector highways, including necessary
interisland connectors, built in accordance with standards
approved by the Secretary; (2) will not impose any toll, or
permit any such toll to be charged, for use by vehicles or
persons of any portion of the facilities constructed or
operated under the provisions of this section; (3) will provide
for the maintenance of such facilities in a condition to
adequately serve the needs of present and future traffic; (4)
will implement standards for traffic operations and uniform
traffic control devices which are approved by the Secretary.
[(d)(1) Three per centum of the sums authorized to be
appropriated for each fiscal year for carrying out subsection
(a) of this section shall be available for expenditure only for
engineering and economic surveys and investigations, for the
planning of future highway programs and the financing thereof,
for studies of the economy, safety, and convenience of highway
usage and the desirable regulation and equitable taxation
thereof, and for research and development, necessary in
connection with the planning, design, and maintenance of the
highway system, and the regulation and taxation of their use.
[(2) In addition to the percentage provided in paragraph
(1) of the subsection, not to exceed 2 per centum of sums
authorized to be appropriated for each fiscal year for carrying
out subsection (a) of this section may be expended upon request
of the Governor and with the approval of the Secretary for the
purposes enumerated in paragraph (1) of this subsection.
[(e) None of the funds authorized to be appropriated for
carrying out this section shall be obligated or expended for
maintenance of the highway system.
[(f) The provisions of chapter 1 of this title that are
applicable to Federal-aid primary highway funds, other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the funds authorized to be appropriated
to carry out this section, except as determined by the
Secretary to be inconsistent with this section.]
Sec. 215. Territorial highway program
(a) Definitions.--In this section:
(1) Program.--The term `program' means the
territorial highway program established under
subsection (b).
(2) Territory.--The term `territory' means the any
of the following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern
Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
(b) Program.--
(1) In general.--Recognizing the mutual benefits
that will accrue to the territories and the United
States from the improvement of highways in the
territories, the Secretary may carry out a program to
assist each territorial government in the construction
and improvement of a system of arterial and collector
highways, and necessary inter-island connectors, that
is--
(A) designated by the Governor or chief
executive officer of each territory; and
(B) approved by the Secretary.
(2) Federal assistance.--The Secretary shall
provide Federal financial assistance to territories
under this section in accordance with section 120(h).
(c) Technical Assistance.--
(1) In general.--To continue a long-range highway
development program, the Secretary may provide
technical assistance to the governments of the
territories to enable the territories to, on a
continuing basis--
(A) engage in highway planning;
(B) conduct environmental evaluations;
(C) administer right-of-way acquisition and
relocation assistance programs; and
(D) design, construct, operate, and
maintain a system of arterial and collector
highways, including necessary inter-island
connectors.
(2) Form and terms of assistance.--Technical
assistance provided under paragraph (1), and the terms
for the sharing of information among territories
receiving the technical assistance, shall be included
in the agreement required by subsection (e).
(d) Nonapplicability of Certain Provisions.--
(1) In general.--Except to the extent that
provisions of chapter 1 are determined by the Secretary
to be inconsistent with the needs of the territories
and the intent of the program, chapter 1 (other than
provisions of chapter 1 relating to the apportionment
and allocation of funds) shall apply to funds
authorized to be appropriated for the program.
(2) Applicable provisions.--The specific sections
of chapter 1 that are applicable to each territory, and
the extent of the applicability of those section, shall
be identified in the agreement required by subsection
(e).
(e) Agreement.--
(1) In general.--Except as provided in paragraph
(3), none of the funds made available for the program
shall be available for obligation or expenditure with
respect to any territory until the Governor or chief
executive officer of the territory enters into a new
agreement with the Secretary (which new agreement shall
be entered into not later than 1 year after the date of
enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003), providing
that the government of the territory shall--
(A) implement the program in accordance
with applicable provisions of chapter 1 and
subsection (d);
(B) design and construct a system of
arterial and collector highways, including
necessary inter-island connectors, in
accordance with standards that are--
(i) appropriate for each territory;
and
(ii) approved by the Secretary;
(C) provide for the maintenance of
facilities constructed or operated under this
section in a condition to adequately serve the
needs of present and future traffic; and
(D) implement standards for traffic
operations and uniform traffic control devices
that are approved by the Secretary.
(2) Technical assistance.--The new agreement
required by paragraph (1) shall--
(A) specify the kind of technical
assistance to be provided under the program;
(B) include appropriate provisions
regarding information sharing among the
territories; and
(C) delineate the oversight role and
responsibilities of the territories and the
Secretary.
(3) Review and revision of agreement.--The new
agreement entered into under paragraph (1) shall be
reevaluated and, as necessary, revised, at least every
2 years.
(4) Existing agreements.--With respect to an
agreement between the Secretary and the Governor or
chief executive officer of a territory that is in
effect as of the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation
Equity Act of 2003--
(A) the agreement shall continue in force
until replaced by a new agreement in accordance
with paragraph (1); and
(B) amounts made available for the program
under the agreement shall be available for
obligation or expenditure so long as the
agreement, or a new agreement under paragraph
(1), is in effect.
(f) Permissible Uses of Funds.--
(1) In general.--Funds made available for the
program may be used only for the following projects and
activities carried out in a territory:
(A) Eligible surface transportation program
projects described in section 133(b).
(B) Cost-effective, preventive maintenance
consistent with section 116.
(C) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b)
and (c) of section 129.
(D) Engineering and economic surveys and
investigations for the planning, and the
financing, of future highway programs.
(E) Studies of the economy, safety, and
convenience of highway use.
(F) The regulation and equitable taxation
of highway use.
(G) Such research and development as are
necessary in connection with the planning,
design, and maintenance of the highway system.
(2) Prohibition on use of funds for routine
maintenance.--None of the funds made available for the
program shall be obligated or expended for routine
maintenance.
(g) Location of Projects.--Territorial highway projects
(other than those described in paragraphs (1), (3), and (4) of
section 133(b)) may not be undertaken on roads functionally
classified as local.
* * * * * * *
Sec. 217. Bicycle transportation and pedestrian walkways
(a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may
obligate funds apportioned to it under sections 104(b)(2) and
104(b)(3) of this title for construction of pedestrian walkways
and bicycle transportation facilities and for carrying out
nonconstruction projects related to safe pedestrian and bicycle
use.
(b) Use of National Highway System Funds.--Subject to
project approval by the Secretary, a State may obligate funds
apportioned to it under section 104(b)(1) of this title for
construction of pedestrian walkways and bicycle transportation
facilities on land adjacent to any highway on the National
Highway System.
(c) Use of Federal Lands Highway Funds.--Funds authorized
for forest highways, forest development roads and trails,
public lands development roads and trails, park roads,
parkways, Indian reservation roads, refuge roads, and public
lands highways shall be available, at the discretion of the
department charged with the administration of such funds, for
the construction of pedestrian walkways and bicycle
transportation facilities in conjunction with such trails,
roads, highways, and parkways.
(d) State Bicycle and Pedestrian Coordinators.--Each State
receiving an apportionment under sections 104(b)(2) and
104(b)(3) of this title shall use such amount of the
apportionment as may be necessary to fund in the State
department of transportation a position of bicycle and
pedestrian coordinator for promoting and facilitating the
increased use of nonmotorized modes of transportation,
including developing facilities for the use of pedestrians and
bicyclists and public education, promotional, and safety
programs for using such facilities.
(e) Bridges.--In any case where a highway bridge deck being
replaced or rehabilitated with Federal financial participation
is located on a highway on which [bicycles] pedestrians or
bicylists are permitted to operate at each end of such bridge,
and the Secretary determines that the safe accommodation of
[bicycles] pedestrians or bicylists can be provided at
reasonable cost as part of such replacement or rehabilitation,
then such bridge shall be so replaced or rehabilitated as to
provide such safe accommodations.
[(f) Federal Share.--For all purposes of this title,
construction of a pedestrian walkway and a bicycle
transportation facility shall be deemed to be a highway project
and the Federal share payable on account of such construction
shall be determined in accordance with section 120(b).]
(f) Federal Share.--The Federal share of the construction
of bicycle transportation facilities and pedestrian walkways,
and for carrying out nonconstruction projects relating to safe
pedestrian and bicycle use, shall be determined in accordance
with section 120(b).
(g) Planning and Design.--
(1) In general.--Bicyclists and pedestrians shall
be given due consideration in the comprehensive
transportation plans developed by each metropolitan
planning organization and State in accordance with
sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with
all new construction and reconstruction of
transportation facilities, except where bicycle and
pedestrian use are not permitted.
(2) Safety considerations.--Transportation plans
and projects shall provide due consideration for safety
and contiguous routes for bicyclists and pedestrians.
Safety considerations shall include the installation,
where appropriate, and maintenance of audible traffic
signals and audible signs at street crossings.
(h) Use of Motorized Vehicles.--Motorized vehicles may not
be permitted on trails and pedestrian walkways under this
section, except for--
(1) maintenance purposes;
(2) when snow conditions and State or local
regulations permit, snowmobiles;
(3) motorized wheelchairs;
(4) when State or local regulations permit,
electric bicycles; and
(5) such other circumstances as the Secretary deems
appropriate.
(i) Transportation Purpose.--No bicycle project may be
carried out under this section unless the Secretary has
determined that such bicycle project will be principally for
transportation, rather than recreation, purposes.
(j) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall select and
make grants to a national, nonprofit organization
engaged in promoting bicycle and pedestrian safety--
(A) to operate a national bicycle and
pedestrian clearinghouse;
(B) to develop information and educational
programs regarding walking and bicycling; and
(C) to disseminate techniques and
strategies for improving bicycle and pedestrian
safety.
(2) Funding.--The Secretary may use funds
apportioned under section 104(n) to carry out this
subsection.
(3) Applicability of title 23.--Funds authorized to
be appropriated to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under section 104, except that
the funds shall remain available until expended.
(k) Funds for Bicycle and Pedestrian Safety.--A State shall
allocate for bicycle and pedestrian improvements in the State a
percentage of the funds remaining after implementation of
sections 130(e) and 150, in an amount that is equal to or
greater than the percentage of all fatal crashes in the States
involving bicyclists and pedestrians.
[(j)] (l) Definitions.--In this section, the following
definitions apply:
(1) Bicycle transportation facility.--The term
``bicycle transportation facility'' means a new or
improved lane, path, or shoulder for use by bicyclists
and a traffic control device, shelter, or parking
facility for bicycles.
(2) Electric bicycle.--The term ``electric
bicycle'' means any bicycle or tricycle with a low-
powered electric motor weighing under 100 pounds, with
a top motor-powered speed not in excess of 20 miles per
hour.
(3) Pedestrian.--The term ``pedestrian'' means any
person traveling by foot and any mobility-impaired
person using a wheelchair.
(4) Shared use path.--The term ``shared use path''
means a multiuse trail or other path that is--
(A) physically separated from motorized
vehicular traffic by an open space or barrier,
either within a highway right-of-way or within
an independent right-of-way; and
(B) usable for transportation purposes
(including by pedestrians, bicyclists, skaters,
equestrians, and other nonmotorized users).
[(4)] (5) Wheelchair.--The term ``wheelchair''
means a mobility aid, usable indoors, and designed for
and used by individuals with mobility impairments,
whether operated manually or motorized.
* * * * * * *
Chapter 3.--GENERAL PROVISIONS
Sec.
301. Freedom from tolls.
302. State transportation department.
303. Management systems.
304. Participation by small business enterprises.
305. Archeological and paleontological salvage.
306. Mapping.
307. [Repealed P.L. 105-178.]
308. Cooperation with Federal and State agencies and foreign countries.
309. Cooperation with other American Republics.
310. Civil Defense.
311. Highway improvements strategically important to the national
defense.
312. Detail of Army, Navy, and Air Force officers.
[313. [Repealed P.L. 89-564.]]
313. Buy America.
314. Relief of employees in hazardous work.
315. Rules, regulations, and recommendations.
316. Consent by United States to conveyance of property.
317. Appropriation for highway purposes of lands or interests in lands
owned by the United States.
318. Highway relocation due to airport.
319. Landscaping and scenic enhancement.
320. Bridges on Federal dams.
[321. [Repealed P.L. 105-178.]]
321. Signs identifying funding sources.
322. Magnetic levitation transportation technology deployment program.
323. Donations and credits.
324. Prohibition of discrimination on the basis of sex.
[325. [Repealed P.L. 105-178.]]
325. Freight transportation gateways.
[326. [Repealed P.L. 105-178.]]
326. Transportation project development process.
327. Assumption of responsibility for categorical exclusions
328. Surface transportation projec delivery pilot program
* * * * * * *
[313. [REPEALED P.L. 89-564.]]
313. BUY AMERICA
[Note: Section 165 of the Highway Improvement Act of
1982(23 U.S.C. 101 note; 96 State. 2136) is transferred to
title 23 U.S.C. and redesignated as section 313.]
* * * * * * *
[Sec. 321. [Repealed by P.L. 105-178.]]
Sec. 321. Signs identifying funding sources
If a State has a practice of erecting on projects under
actual construction without Federal-aid highway assistance
signs which indicate the source or sources of any funds used to
carry out such projects, such State shall erect on all projects
under actual construction with any funds made available out of
the Highway Trust Fund (other than the Mass Transit Account)
signs which are visible to highway users and which indicate
each governmental source of funds being used to carry out such
federally assisted projects and the amount of funds being made
available by each such source.
Sec. 322. Magnetic levitation transportation technology deployment
program
(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) Partnership potential.--The term ``partnership
potential'' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
(b) Financial Assistance.--
(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full
project costs of eligible projects selected under this
section. Financial assistance made available under this
section and projects assisted with the assistance shall
be subject to section 5333(a) of title 49, United
States Code.
(2) Federal share.--The Federal share of full
project costs under paragraph (1) shall be not more
than \2/3\.
(3) Use of assistance.--Financial assistance
provided under paragraph (1) shall be used only to pay
eligible project costs of projects selected under this
section.
(c) Solicitation of Applications for Assistance.--[Not
later than]
(1) Initial solicitation.--Not later than 180 days
after the date of enactment of this subsection, the
Secretary shall solicit applications from States, or
authorities designated by 1 or more States, for
financial assistance authorized by subsection (b) for
planning, design, and construction of eligible MAGLEV
projects.
(2) Additional solicitation.--Not later than 1 year
after the date of enactment of this paragraph, the
Secretary may solicit additional applications from
States, or authorities designated by 1 or more States,
for financial assistance authorized by subsection (b)
for planning, design, and construction of eligible
MAGLEV projects.
(d) 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 that exhibit partnership
potential;
(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
(A) the amounts made available under
subsection (h)(1); and
(B) the amounts made available by States
under subsection (h)(3);
(3) result in an operating transportation facility
that provides a revenue producing service;
(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs
paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan
planning requirements;
(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
(e) Project Selection Criteria.--[Prior to soliciting
applications, the Secretary] The Secretary shall establish
criteria for selecting which eligible projects under subsection
(d) will receive financial assistance under subsection (b). The
criteria shall include the extent to which--
(1) a project is nationally significant, including
the extent to which the project will demonstrate the
feasibility of deployment of MAGLEV technology
throughout the United States;
(2) timely implementation of the project will
reduce congestion in other modes of transportation and
reduce the need for additional highway or airport
construction;
(3) States, regions, and localities financially
contribute to the project;
(4) implementation of the project will create new
jobs in traditional and emerging industries;
(5) the project will augment MAGLEV networks
identified as having partnership potential;
(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
(7) financial assistance would foster the timely
implementation of a project; and
(8) life-cycle costs in design and engineering are
considered and enhanced.
(f) Project Selection.--
(1) Preconstruction planning activities.--Not later
than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
(A) preparation of such feasibility
studies, major investment studies, and
environmental impact statements and assessments
as are required under State law;
(B) pricing of the final design,
engineering, and construction activities
proposed to be assisted under paragraph (2);
and
(C) such other activities as are necessary
to provide the Secretary with sufficient
information to evaluate whether a project
should receive financial assistance for final
design, engineering, and construction
activities under paragraph (2).
(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
(g) Joint Ventures.--A project undertaken by a joint
venture of United States and non-United States persons
(including a project involving the deployment of non-United
States MAGLEV technology in the United States) shall be
eligible for financial assistance under this section if the
project is eligible under subsection (d) and selected under
subsection (f).
(h) Funding.--
(1) In general.--
(A) Contract authority; authorization of
appropriations.--
[(i) In general.--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
1999, $20,000,000 for fiscal year 2000,
and $25,000,000 for fiscal year 2001.]
(i) In general.--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 each of fiscal
years 2004 through 2009.
(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
(I) the Federal share of
the cost of a project carried
out under this section shall be
determined in accordance with
subsection (b); and
(II) the availability of
the funds shall be determined
in accordance with paragraph
(2).
(B) Noncontract authority authorization of
appropriations.--
[(i) In general.--There are
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section (other than subsection (i))
$200,000,000 for each of fiscal years
2000 and 2001, $250,000,000 for fiscal
year 2002, and $300,000,000 for fiscal
year 2003.]
(i) In general.--There are
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section--
(I) $375,000,000 for fiscal
year 2004;
(II) $400,000,000 for
fiscal year 2005;
(III) $415,000,000 for
fiscal year 2006;
(IV) $425,000,000 for
fiscal year 2007;
(V) $435,000,000 for fiscal
year 2008; and
(VI) $450,000,000 for
fiscal year 2009.
(ii) Availability.--Notwithstanding
section 118(a), funds made available
under clause (i) shall not be available
in advance of an annual appropriation.
(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to
carry out the surface transportation program under
section 133 and the congestion mitigation and air
quality improvement program under section 149 may be
used by the State to pay a portion of the full project
costs of an eligible project selected under this
section, without requirement for non-Federal funds.
(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of credit.
(i) Low-Speed Project.--
(1) In general.--Notwithstanding any other
provision of this section, of the funds made available
by subsection (h)(1)(A) to carry out this section,
$5,000,000 shall be made available to the Secretary to
make grants for the research and development of low-
speed superconductivity magnetic levitation technology
for public transportation purposes in urban areas to
demonstrate energy efficiency, congestion mitigation,
and safety benefits.
(2) Noncontract authority authorization of
appropriations.--
(A) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection such sums as are necessary for
each of fiscal years 2000 through 2003.
(B) Availability.--Notwithstanding section
118(a), funds made available under subparagraph
(A)--
(i) shall not be available in
advance of an annual appropriation; and
(ii) shall remain available until
expended.
Sec. 323. Donations and credits
(a) Donations of Property Being Acquired.--Nothing in
this title, or in any other provision of law, shall be
construed to prevent a person whose real property is being
acquired in connection with a project under this title, after
he has been fully informed of his right to receive just
compensation for the acquisition of his property, from making a
gift or donation of such property, or any part thereof, or of
any of the compensation paid therefor, to a Federal agency, a
State or a State agency, or a political subdivision of a State,
as said person shall determine.
(b) Credit for Acquired Lands.--
(1) In general.--Notwithstanding any other
provision of this title, the State share of the cost of
a project with respect to which Federal assistance is
provided from the Highway Trust Fund (other than the
Mass Transit Account) may be credited in an amount
equal to the fair market value of any land that--
(A) is lawfully obtained by the State or a
unit of local government in the State;
(B) is incorporated into the project;
(C) is not land described in section 138;
and
(D) the Secretary determines will not
influence the environmental assessment of the
project, including--
(i) the decision as to the need to
construct the project;
(ii) the consideration of
alternatives; and
(iii) the selection of a specific
location.
(2) Establishment of fair market value.--The fair
market value of land incorporated into a project and
credited under paragraph (1) shall be established in
the manner determined by the Secretary, except that--
(A) the fair market value shall not include
any increase or decrease in the value of
donated property caused by the project; and
(B) the fair market value of donated land
shall be established as of the earlier of--
(i) the date on which the donation
becomes effective; or
(ii) the date on which equitable
title to the land vests in the State.
(3) Limitation on applicability.--This subsection
shall not apply to donations made by an agency of the
Federal Government.
(4) Limitation on amount of credit.--The credit
received by a State pursuant to this subsection may not
exceed the State's matching share for the project.
(c) Credit for Donations of Funds, Materials, or
Services.--Nothing in this title or any other law shall prevent
a person from offering to donate funds, materials, or services
, or a local government from offering to donate funds,
materials, or services performed by local government employees,
in connection with a project eligible for assistance under this
title. In the case of such a project with respect to which the
Federal Government and the State share in paying the cost, any
donated funds, or the fair market value of any donated
materials or services, that are accepted and incorporated into
the project by the State transportation department shall be
credited against the State share.
(d) Procedures.--A gift or donation in accordance with
subsection (a) may be made at any time during the development
of a project. Any document executed as part of such donation
prior to the approval of an environmental document prepared
pursuant to the National Environmental Policy Act of 1969 shall
clearly indicate that--
(1) all alternatives to a proposed alignment will
be studied and considered pursuant to such Act;
(2) acquisition of property under this section
shall not influence the environmental assessment of a
project including the decision relative to the need to
construct the project or the selection of a specific
location; and
(3) any property acquired by gift or donation shall
be revested in the grantor or successors in interest if
such property is not required for the alignment chosen
after public hearings, if required, and completion of
the environmental document.
[(e) Crediting of Contributions by Units of Local
Government Toward the State Share.--A contribution by a unit of
local government of real property, funds, or material in
connection with a project eligible for assistance under this
title shall be credited against the State share of the project
at the fair market value of the real property, funds, or
material.]
* * * * * * *
Sec. 325. Freight transportation gateways
(a) In General.--
(1) Establishment.--The Secretary shall establish a
freight transportation gateways program to improve
productivity, security, and safety of freight
transportation gateways, while mitigating congestion
and community impacts in the area of the gateways.
(2) Purposes.--The purposes of the freight
transportation gateways program shall be--
(A) to facilitate and support multimodal
freight transportation initiatives at the State
and local levels in order to improve freight
transportation gateways and mitigate the impact
of congestion on the environment in the area of
the gateways;
(B) to provide capital funding to address
infrastructure and freight operational needs at
freight transportation gateways;
(C) to encourage adoption of new financing
strategies to leverage State, local, and
private investment in freight transportation
gateways;
(D) to facilitate access to intermodal
freight transfer facilities; and
(E) to increase economic efficiency by
facilitating the movement of goods.
(b) State Responsibilities.--
(1) Project development process.--Each State, in
coordination with metropolitan planning organizations,
shall ensure that intermodal freight transportation,
trade facilitation, and economic development needs are
adequately considered and fully integrated into the
project development process, including transportation
planning through final design and construction of
freight-related transportation projects.
(2) Freight transportation coordinator.--
(A) In general.--Each State shall designate
a freight transportation coordinator.
(B) Duties.--The coordinator shall--
(i) foster public and private
sector collaboration needed to
implement complex solutions to freight
transportation and freight
transportation gateway problems,
including--
(I) coordination of
metropolitan and statewide
transportation activities with
trade and economic interests;
(II) coordination with
other States, agencies, and
organizations to find regional
solutions to freight
transportation problems; and
(III) coordination with
local officials of the
Department of Defense and the
Department of Homeland
Security, and with other
organizations, to develop
regional solutions to military
and homeland security
transportation needs; and
(ii) promote programs that build
professional capacity to better plan,
coordinate, integrate, and understand
freight transportation needs for the
State.
(c) Innovative Finance Strategies.--
(1) In general.--States and localities are
encouraged to adopt innovative financing strategies for
freight transportation gateway improvements,
including--
(A) new user fees;
(B) modifications to existing user fees,
including trade facilitation charges;
(C) revenue options that incorporate
private sector investment; and
(D) a blending of Federal-aid and
innovative finance programs.
(2) Technical assistance.--The Secretary shall
provide technical assistance to States and localities
with respect to the strategies.
(d) Intermodal Freight Transportation Projects.--
(1) Use of surface transportation program funds.--A
State may obligate funds apportioned to the State under
section 104(b)(3) for publicly-owned intermodal freight
transportation projects that provide community and
highway benefits by addressing economic, congestion,
system reliability, security, safety, or environmental
issues associated with freight transportation gateways.
(2) Eligible projects.--A project eligible for
funding under this section--
(A) may include publicly-owned intermodal
freight transfer facilities, access to the
facilities, and operational improvements for
the facilities (including capital investment
for intelligent transportation systems), except
that projects located within the boundaries of
port terminals shall only include the surface
transportation infrastructure modifications
necessary to facilitate direct intermodal
interchange, transfer, and access into and out
of the port; and
(B) may involve the combining of private
and public funds.
Sec. 326. Transportation project development process
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
tribal government.
(2) Environmental impact statement.--The term
``environmental impact statement'' means a detailed
statement of the environmental impacts of a project
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--
(i) an environmental impact
statement; or
(ii) any other document or analysis
required to be prepared under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
(B) Inclusions.--The term ``environmental
review process'' 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) Project.--The term ``project'' means any
highway or transit project that requires the approval
of the Secretary.
(5) Project sponsor.--The term ``project sponsor''
means an agency or other entity (including any private
or public-private entity), that seeks approval of the
Secretary for a project.
(6) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for
transportation.
(b) Process.--
(1) Lead agency.--
(A) In general.--The Department of
Transportation shall be the lead Federal agency
in the environmental review process for a
project.
(B) Joint lead agencies.--Nothing in this
section precludes another agency from being a
joint lead agency in accordance with
regulations under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C) Concurrence of project sponsor.--The
lead agency may carry out the environmental
review process in accordance with this section
only with the concurrence of the project
sponsor.
(2) Request for process.--
(A) In general.--A project sponsor may
request that the lead agency carry out the
environmental review process for a project or
group of projects in accordance with this
section.
(B) Grant of request; public notice.--The
lead agency shall--
(i) grant a request under
subparagraph (A); and
(ii) provide public notice of the
request.
(3) Effective date.--The environmental review
process described in this section may be applied to a
project only after the date on which public notice is
provided under subparagraph (B)(ii).
(c) Roles and Responsibility of Lead Agency.--With respect
to the environmental review process for any project, the lead
agency shall have authority and responsibility to--
(A) identify and invite cooperating
agencies in accordance with subsection (d);
(B) develop an agency coordination plan
with review, schedule, and timelines in
accordance with subsection (e);
(C) determine the purpose and need for the
project in accordance with subsection (f);
(D) determine the range of alternatives to
be considered in accordance with subsection
(g);
(E) convene dispute-avoidance and decision
resolution meetings and related efforts in
accordance with subsection (h);
(F) take such other actions as are
necessary and proper, within the authority of
the lead agency, to facilitate the expeditious
resolution of the environmental review process
for the project; and
(G) prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance
with this section and applicable Federal law.
(d) Roles and Responsibilities of Cooperating Agencies.--
(1) In general.--With respect to a project, each
Federal agency shall carry out any obligations of the
Federal agency in the environmental review process in
accordance with this section and applicable Federal
law.
(2) Invitation.--
(A) In general.--The lead agency shall--
(i) identify, as early as
practicable in the environmental review
process for a project, any other
agencies that may have an interest in
the project, including--
(I) agencies with
jurisdiction over
environmentally-related matters
that may affect the project or
may be required by law to
conduct an environmental-
related independent review or
analysis of the project or
determine whether to issue an
environmental-related permit,
license, or approval for the
project; and
(II) agencies with special
expertise relevant to the
project;
(ii) invite the agencies identified
in clause (i) to become participating
agencies in the environmental review
process for that project; and
(iii) grant requests to become
cooperating agencies from agencies not
originally invited.
(B) Responses.--The deadline for receipt of
a response from an agency that receives an
invitation under subparagraph (A)(ii)--
(i) shall be 30 days after the date
of receipt by the agency of the
invitation; but
(ii) may be extended by the lead
agency for good cause.
(3) Declining of invitations.--A Federal agency
that is invited by the lead agency to participate in
the environmental review process for a project shall be
designated as a cooperating 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
cooperating agency under this subsection shall not
imply that the cooperating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.
(5) Designations for categories of projects.--
(A) In general.--The Secretary may invite
other agencies to become cooperating agencies
for a category of projects.
(B) Designation.--An agency may be
designated as a cooperating agency for a
category of projects only with the consent of
the agency.
(6) Concurrent reviews.--Each Federal agency shall,
to the maximum extent practicable--
(A) carry out obligations of the Federal
agency under other applicable law concurrently,
and in conjunction, with the review required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so
would impair the ability of the Federal agency
to carry out those obligations; and
(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.
(e) Development of Flexible Process and Timeline.--
(1) Coordination plan.--
(A) In general.--The lead agency shall
establish a coordination plan, which may be
incorporated into a memorandum of
understanding, to coordinate agency and public
participation in and comment on the
environmental review process for a project or
category of projects.
(B) Workplan.--
(i) In general.--The lead agency
shall develop, as part of the
coordination plan, a workplan for
completing the collection, analysis,
and evaluation of baseline data and
future impacts modeling necessary to
complete the environmental review
process, including any data, analyses,
and modeling necessary for related
permits, approvals, reviews, or studies
required for the project under other
laws.
(ii) Consultation.--In developing
the workplan under clause (i), the lead
agency shall consult with--
(I) each cooperating agency
for the project;
(II) the State in which the
project is located; and
(III) if the State is not
the project sponsor, the
project sponsor.
(C) Schedule.--
(i) In general.--The lead agency
shall establish as part of the
coordination plan, after consultation
with each cooperating agency for the
project and with the State in which the
project is located (and, if the State
is not the project sponsor, with the
project sponsor), a schedule for
completion of the environmental review
process for the project.
(ii) Factors for consideration.--In
establishing the schedule, the lead
agency shall consider factors such as--
(I) the responsibilities of
cooperating agencies under
applicable laws;
(II) resources available to
the cooperating agencies;
(III) overall size and
complexity of a project;
(IV) the overall schedule
for and cost of a project; and
(V) the sensitivity of the
natural and historic resources
that could be affected by the
project.
(D) Consistency with other time periods.--A
schedule under subparagraph (C) shall be
consistent with any other relevant time periods
established under Federal law.
(E) Modification.--The lead agency may--
(i) lengthen a schedule established
under subparagraph (C) for good cause;
and
(ii) shorten a schedule only with
the concurrence of the affected
cooperating agencies.
(F) Dissemination.--A copy of a schedule
under subparagraph (C), and of any
modifications to the schedule, shall be--
(i) provided to all cooperating
agencies and to the State
transportation department of the State
in which the project is located (and,
if the State is not the project
sponsor, to the project sponsor); and
(ii) made available to the public.
(2) Comments and timelines.--
(A) In general.--A schedule established
under paragraph (1)(C) shall include--
(i) opportunities for comment,
deadline for receipt of any comments
submitted, deadline for lead agency
response to comments; and
(ii) except as otherwise provided
under paragraph (1)--
(I) an opportunity to
comment by agencies and the
public on a draft or final
environmental impact statement
for a period of not more than
60 days longer than the minimum
period required under the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) for all other comment
periods established by the lead
agency for agency or public
comments in the environmental
review process, a period of not
more than the longer of--
(aa) 30 days after
the final day of the
minimum period required
under Federal law
(including
regulations), if
available; or
(bb) if a minimum
period is not required
under Federal law
(including
regulations), 30 days.
(B) Extension of comment periods.--The lead
agency may extend a period of comment
established under this paragraph for good
cause.
(C) Late comments.--A comment concerning a
project submitted under this paragraph after
the date of termination of the applicable
comment period or extension of a comment period
shall not be eligible for consideration by the
lead agency unless the lead agency or project
sponsor determines there was good cause for the
delay or the lead agency is required to
consider significant new circumstances or
information in accordance with sections 1501.7
and 1502.9 of title 40, Code of Federal
Regulations.
(D) Deadlines for decisions under other
laws.--In any case in which a decision under
any Federal law relating to a project
(including the issuance or denial of a permit
or license) is required to be made by the later
of the date that is 180 days after the date on
which the Secretary made all final decisions of
the lead agency with respect to the project, or
180 days after the date on which an application
was submitted for the permit or license, 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--
(i) as soon as practicable after
the 180-day period, an initial notice
of the failure of the Federal agency to
make the decision; and
(ii) every 60 day thereafter until
such date as all decisions of the
Federal agency relating to the project
have been made by the Federal agency,
an additional notice that describes the
number of decisions of the Federal
agency that remain outstanding as of
the date of the additional notice.
(3) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for
public comment in the environmental review process
under existing Federal law (including a regulation).
(f) Development of Project Purpose and Need Statement.--
(1) In general.--With respect to the environmental
review process for a project, the purpose and need for
the project shall be defined in accordance with this
subsection.
(2) Authority.--The lead agency shall define the
purpose and need for a project, including the
transportation objectives and any other objectives
intended to be achieved by the project.
(3) Involvement of cooperating agencies and the
public.--Before determining the purpose and need for a
project, the lead agency shall solicit for 30 days, and
consider, any relevant comments on the draft statement
of purpose and need for a proposed project received
from the public and cooperating agencies.
(4) Effect on other reviews.--For the purpose of
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and any other law
requiring an agency that is not the lead agency to
determine or consider a project purpose or project
need, such an agency acting, permitting, or approving
under, or otherwise applying, Federal law with respect
to a project shall adopt the determination of purpose
and need for the project made by the lead agency.
(5) Savings.--Nothing in this subsection preempts
or interferes with any power, jurisdiction,
responsibility, or authority of an agency under
applicable law (including regulations) with respect to
a project.
(6) Contents.--
(A) In general.--The statement of purpose
and need shall include a clear statement of the
objectives that the proposed project is
intended to achieve.
(B) Effect on existing standards.--Nothing
in this subsection shall alter existing
standards for defining the purpose and need of
a project.
(7) Factors to consider.--The lead agency may
determine that any of the following factors and
documents are appropriate for consideration in
determining the purpose of and need for a project:
(A) Transportation plans and related
planning documents developed through the
statewide and metropolitan transportation
planning process under sections 134 and 135.
(B) Land use plans adopted by units of
State, local, or tribal government (or, in the
case of Federal land, by the applicable Federal
land management agencies).
(C) Economic development plans adopted by--
(i) units of State, local, or
tribal government; or
(ii) established economic
development planning organizations or
authorities.
(D) Environmental protection plans,
including plans for the protection or treatment
of--
(i) air quality;
(ii) water quality and runoff;
(iii) habitat needs of plants and
animals;
(iv) threatened and endangered
species;
(v) invasive species;
(vi) historic properties; and
(vii) other environmental
resources.
(E) Any publicly available plans or
policies relating to the national defense,
national security, or foreign policy of the
United States.
(g) Development of Project Alternatives.--
(1) In general.--With respect to the environmental
review process for a project, the alternatives shall be
determined in accordance with this subsection.
(2) Authority.--The lead agency shall determine the
alternatives to be considered for a project.
(3) Involvement of cooperating agencies and the
public.--
(A) In general.--Before determining the
alternatives for a project, the lead agency
shall solicit for 30 days and consider any
relevant comments on the proposed alternatives
received from the public and cooperating
agencies.
(B) Alternatives.--The lead agency shall
consider--
(i) alternatives that meet the
purpose and need of the project; and
(ii) the alternative of no action.
(C) Effect on existing standards.--Nothing
in this subsection shall alter the existing
standards for determining the range of
alternatives.
(4) Effect on other reviews.--Any other agency
acting under or applying Federal law with respect to a
project shall consider only the alternatives determined
by the lead agency.
(5) Savings.--Nothing in this subsection preempts
or interferes with any power, jurisdiction,
responsibility, or authority of an agency under
applicable law (including regulations) with respect to
a project.
(6) Factors to consider.--The lead agency may
determine that any of the following factors and
documents are appropriate for consideration in
determining the alternatives for a project:
(A) The overall size and complexity of the
proposed action.
(B) The sensitivity of the potentially
affected resources.
(C) The overall schedule and cost of the
project.
(D) Transportation plans and related
planning documents developed through the
statewide and metropolitan transportation
planning process under sections 134 and 135 of
title 23 of the United States Code.
(E) Land use plans adopted by units of
State, local, or tribal government (or, in the
case of Federal land, by the applicable Federal
land management agencies).
(F) Economic development plans adopted by--
(i) units of State, local, or
tribal government; or
(ii) established economic
development planning organizations or
authorities.
(G) environmental protection plans,
including plans for the protection or treatment
of--
(i) air quality;
(ii) water quality and runoff;
(iii) habitat needs of plants and
animals;
(iv) threatened and endangered
species;
(v) invasive species;
(vi) historic properties; and
(vii) other environmental
resources.
(H) Any publicly available plans or
policies relating to the national defense,
national security, or foreign policy of the
United States.
(h) Prompt Issue Identification and Resolution Process.--
(1) In general.--The lead agency, the project
sponsor, and the cooperating agencies shall work
cooperatively, in accordance with this section, to
identify and resolve issues that could--
(A) delay completion of the environmental
review process; or
(B) result in denial of any approvals
required for the project under applicable laws.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency, with the
assistance of the project sponsor, shall make
information available to the cooperating
agencies, as early as practicable in the
environmental review process, regarding--
(i) the environmental and
socioeconomic resources located within
the project area; and
(ii) the general locations of the
alternatives under consideration.
(B) Basis for information.--Information
about resources in the project area may be
based on existing data sources, including
geographic information systems mapping.
(3) Cooperating agency responsibilities.--
(A) In general.--Based on information
received from the lead agency, cooperating
agencies shall promptly identify to the lead
agency any major issues of concern regarding
the potential environmental or socioeconomic
impacts of a project.
(B) Major issues of concern.--A major issue
of concern referred to in subparagraph (A) may
include any issue that could substantially
delay or prevent an agency from granting a
permit or other approval that is needed for a
project, as determined by a cooperating agency.
(4) Issue resolution.--On identification of a major
issue of concern under paragraph (3), or at any time
upon the request of a project sponsor or the Governor
of a State, the lead agency shall promptly convene a
meeting with representatives of each of the relevant
cooperating agencies, the project sponsor, and the
Governor to address and resolve the issue.
(5) Notification.--If a resolution of a major issue
of concern under paragraph (4) cannot be achieved by
the date that is 30 days after the date on which a
meeting under that paragraph is convened, the lead
agency shall provide notification of the failure to
resolve the major issue of concern to--
(A) the heads of all cooperating agencies;
(B) the project sponsor;
(C) the Governor involved;
(D) the Committee on Environment and Public
Works of the Senate; and
(E) the Committee on Transportation and
Infrastructure of the House of Representatives.
(i) Performance Measurement.--
(1) Progress reports.--The Secretary shall
establish a program to measure and report on progress
toward improving and expediting the planning and
environmental review process.
(2) Minimum requirements.--The program shall
include, at a minimum--
(A) the establishment of criteria for
measuring consideration of--
(i) State and metropolitan
planning, project planning, and design
criteria; and
(ii) environmental processing times
and costs;
(B) the collection of data to assess
performance based on the established criteria;
and
(C) the annual reporting of the results of
the performance measurement studies.
(3) Involvement of the public and cooperating
agencies.--
(A) In general.--The Secretary shall
biennially conduct a survey of agencies
participating in the environmental review
process under this section to assess the
expectations and experiences of each surveyed
agency with regard to the planning and
environmental review process for projects
reviewed under this section.
(B) Public participation.--In conducting
the survey, the Secretary shall solicit
comments from the public.
(j) Assistance to Affected Federal and State Agencies.--
(1) In general.--The Secretary may approve a
request by a State or recipient to provide funds, for a
highway project made available under this title, or for
a mass transit project made available under chapter 53
of title 49 to the State or recipient for the project,
subject to the coordinated environmental review process
established under this section, to affected Federal and
State agencies to provide the resources necessary to
meet any time limits established under this section.
(2) Amounts.--Such requests under paragraph (1)
shall be approved only--
(A) for such additional amounts as the
Secretary determines are necessary for the
affected Federal and State agencies to meet the
time limits for environmental review; and
(B) if those time limits are less than the
customary time necessary for that review.
Sec. 327. Assumption of responsibility for categorical exclusions
(a) Categorical Exclusion Determinations.--
(1) In general.--The Secretary may assign, and a
State may assume, responsibility for determining
whether certain designated activities are included
within classes of action identified in regulation by
the Secretary that are categorically excluded from
requirements for environmental assessments or
environmental impact statements pursuant to regulations
promulgated by the Council on Environmental Quality
under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
(2) Scope of authority.--A determination described
in paragraph (1) shall be made by a State in accordance
with criteria established by the Secretary and only for
types of activities specifically designated by the
Secretary.
(3) Criteria.--The criteria under paragraph (2)
shall include provisions for public availability of
information consistent with section 552 of title 5 and
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Other Applicable Federal Laws.--
(1) In general.--If a State assumes responsibility
under subsection (a), the Secretary may also assign and
the State may assume all or part of the
responsibilities of the Secretary for environmental
review, consultation, or other related actions required
under any Federal law applicable to activities that are
classified by the Secretary as categorical exclusions,
with the exception of government-to-government
consultation with Indian tribes, subject to the same
procedural and substantive requirements as would be
required if that responsibility were carried out by the
Secretary.
(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a
Federal law shall be solely responsible and solely
liable for complying with and carrying out that law,
and the Secretary shall have no such responsibility or
liability.
(c) Memoranda of Understanding.--
(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment,
shall enter into a memorandum of understanding setting
forth the responsibilities to be assigned under this
section and the terms and conditions under which the
assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion
determinations.
(2) Term.--A memorandum of understanding--
(A) shall have term of not more than 3
years; and
(B) shall be renewable.
(3) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
(4) Monitoring.--The Secretary shall--
(A) monitor compliance by the State with
the memorandum of understanding and the
provision by the State of financial resources
to carry out the memorandum of understanding;
and
(B) take into account the performance by
the State when considering renewal of the
memorandum of understanding.
(d) Termination.--The Secretary may terminate any
assumption of responsibility under a memorandum of
understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
(e) State Agency Deemed To Be Federal Agency.--A State
agency that is assigned a responsibility under a memorandum of
understanding shall be deemed to be a Federal agency for the
purposes of the Federal law under which the responsibility is
exercised.
Sec. 328. Surface transportation project delivery pilot program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a
surface transportation project delivery pilot program
(referred to in this section as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to 1 or more highway
projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) the Secretary may assign to the
State, and the State may assume, all or
part of the responsibilities of the
Secretary for environmental review,
consultation, or other action required
under any Federal environmental law
pertaining to the review or approval of
a specific project; but
(ii) the Secretary may not assign--
(I) responsibility for any
conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506); or
(II) any responsibility
imposed on the Secretary by
section 134 or 135.
(C) Procedural and substantive
requirements.--A State shall assume
responsibility under this section subject to
the same procedural and substantive
requirements as would apply if that
responsibility were carried out by the
Secretary.
(D) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
this section shall remain the responsibility of
the Secretary.
(E) No effect on authority.--Nothing in
this section preempts or interferes with any
power, jurisdiction, responsibility, or
authority of an agency, other than the
Department of Transportation, under applicable
law (including regulations) with respect to a
project.
(b) State Participation.--
(1) Number of participating states.--The Secretary
may permit not more than 5 States (including the State
of Oklahoma) to participate in the program.
(2) Application.--Not later than 270 days after the
date of enactment of this section, the Secretary shall
promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to participate in the program,
including, at a minimum--
(A) the projects or classes of projects for
which the State anticipates exercising the
authority that may be granted under the
program;
(B) verification of the financial resources
necessary to carry out the authority that may
be granted under the program; and
(C) evidence of the notice and solicitation
of public comment by the State relating to
participation of the State in the program,
including copies of comments received from that
solicitation.
(3) Public notice.--
(A) In general.--Each State that submits an
application under this subsection shall give
notice of the intent of the State to
participate in the program not later than 30
days before the date of submission of the
application.
(B) Method of notice and solicitation.--The
State shall provide notice and solicit public
comment under this paragraph by publishing the
complete application of the State in accordance
with the appropriate public notice law of the
State.
(4) Selection criteria.--The Secretary may approve
the application of a State under this section only if--
(A) the regulatory requirements under
paragraph (2) have been met;
(B) the Secretary determines that the State
has the capability, including financial and
personnel, to assume the responsibility; and
(C) the head of the State agency having
primary jurisdiction over highway matters
enters into a written agreement with the
Secretary described in subsection (c).
(5) Other federal agency views.--If a State applies
to assume a responsibility of the Secretary that would
have required the Secretary to consult with another
Federal agency, the Secretary shall solicit the views
of the Federal agency before approving the application.
(c) Written Agreement.--A written agreement under this
section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged
with responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
(B) expressly consents, on behalf of the
State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
(ii) are comparable to section 552
of title 5, including providing that
any decision regarding the public
availability of a document under those
State laws is reviewable by a court of
competent jurisdiction; and
(D) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed.
(d) Jurisdiction.--
(1) In general.--The United States district courts
shall have exclusive jurisdiction over any civil action
against a State for failure to carry out any
responsibility of the State under this section.
(2) Legal standards and requirements.--A civil
action under paragraph (1) shall be governed by the
legal standards and requirements that would apply in
such a civil action against the Secretary had the
Secretary taken the actions in question.
(3) Intervention.--The Secretary shall have the
right to intervene in any action described in paragraph
(1).
(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of the
Secretary, the responsibilities assumed under subsection
(a)(2), until the program is terminated as provided in
subsection (i).
(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(g) Audits.--
(1) In general.--To ensure compliance by a State
with any agreement of the State under subsection (c)(1)
(including compliance by the State with all Federal
laws for which responsibility is assumed under
subsection (a)(2)), for each State participating in the
program under this section, the Secretary shall
conduct--
(A) semiannual audits during each of the
first 2 years of State participation; and
(B) annual audits during each subsequent
year of State participation.
(2) Public availability and comment.--
(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public
for comment.
(B) Response.--Not later than 60 days after
the date on which the period for public comment
ends, the Secretary shall respond to public
comments received under subparagraph (A).
(h) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration of
the program.
(i) Termination.--
(1) In general.--Except as provided in paragraph
(2), the program shall terminate on the date that is 6
years after the date of enactment of this section.
(2) Termination by secretary.--The Secretary may
terminate the participation of any State in the program
if--
(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary provides to the State--
(i) notification of the
determination of noncompliance; and
(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by Secretary.
* * * * * * *
[Sec. 307. Safety information and intervention in Interstate Commerce
Commission proceedings
[(a) The Secretary of Transportation shall inspect promptly
the safety compliance record in the Department of
Transportation of each person applying to the Interstate
Commerce Commission for authority to provide transportation or
freight forwarder service. The Secretary shall report the
findings of the inspection to the Commission.
[(b) When the Secretary is not satisfied with the safety
record of a person applying for permanent authority to provide
transportation or freight forwarder service, or for approval of
a proposed transfer of permanent authority, the Secretary shall
intervene and present evidence of the fitness of the person to
the Commission in its proceedings.
[(c) When requested by the Commission, the Secretary
shall--
[(1) provide the Commission with a complete report
on the safety compliance of a carrier providing
transportation or freight forwarder service subject to
its jurisdiction;
[(2) provide promptly a statement of the safety
record of a person applying to the Commission for
temporary authority to provide transportation;
[(3) intervene and present evidence in a proceeding
in which a finding of fitness is required; and
[(4) make additional safety compliance surveys and
inspections the Commission decides are desirable to
allow it to act on an application or to make a finding
on the fitness of a carrier.]
Sec. 307. Contractor suspension and debarment policy; sharing fraud
monetary recoveries
(a) Mandatory Enforcement Policy.--
(1) In general.--Notwithstanding any other
provision of law, the Secretary--
(A) shall debar any contractor or
subcontractor convicted of a criminal or civil
offense involving fraud relating to a project
receiving Federal highway or transit funds for
such period as the Secretary determines to be
appropriate; and
(B) subject to approval by the Attorney
General--
(i) except as provided in paragraph
(2), shall suspend any contractor or
subcontractor upon indictment for
criminal or civil offenses involving
fraud; and
(ii) may exclude nonaffiliated
subsidiaries of a debarred business
entity.
(2) National security exception.--If the Secretary
finds that mandatory debarment or suspension of a
contractor or subcontractor under paragraph (1) would
be contrary to the national security of the United
States, the Secretary--
(A) may waive the debarment or suspension;
and
(B) in the instance of each waiver, shall
provide notification to Congress of the waiver
with appropriate details.
(b) Sharing of Monetary Recoveries.--
(1) In general.--Notwithstanding any other
provision of law--
(A) monetary judgments accruing to the
Federal Government from judgments in Federal
criminal prosecutions and civil judgments
pertaining to fraud in highway and transit
programs shall be shared with the State or
local transit agency involved; and
(B) the State or local transit agency shall
use the funds for transportation infrastructure
and oversight activities relating to programs
authorized under title 23 and this title.
(2) Amount.--The amount of recovered funds to be
shared with an affected State or local transit agency
shall be--
(A) determined by the Attorney General, in
consultation with the Secretary; and
(B) considered to be Federal funds to be
used in compliance with other relevant Federal
transportation laws (including regulations).
(3) Fraudulent activity.--Paragraph (1) shall not
apply in any case in which a State or local transit
agency is found by the Attorney General, in
consultation with the Secretary, to have been involved
or negligent with respect to the fraudulent activities.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART A--GENERAL
Chapter Sec.
MOTOR VEHICLE SAFETY.........................................30101
NATIONAL DRIVER REGISTER.....................................30301
NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM..............30501
PART B--COMMERCIAL
COMMERCIAL MOTOR VEHICLE SAFETY..............................31101
COMMERCIAL MOTOR VEHICLE OPERATORS...........................31301
MOTOR CARRIER SAFETY.........................................31501
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL
FUEL TAX AGREEMENT.........................................31701
PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
GENERAL......................................................32101
CONSUMER INFORMATION.........................................32301
BUMPER STANDARDS.............................................32501
ODOMETERS....................................................32701
AUTOMOBILE FUEL ECONOMY......................................32901
THEFT PREVENTION.............................................33101
PART A--GENERAL
CHAPTER 301--MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL
Sec.
30101. Purpose and policy.
30102. Definitions.
30103. Relationship to other laws.
30104. Authorization of appropriations.
30105. Restriction on lobbying activities.
SUBCHAPTER II--STANDARDS AND COMPLIANCE
30111. Standards.
30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment.
30113. General exemptions.
30114. Special exemptions.
30115. Certification of compliance.
30116. Defects and noncompliance found before sale to purchaser.
30117. Providing information to, and maintaining records on,
purchasers.
30118. Notification of defects and noncompliance.
30119. Notification procedures.
30120. Remedies for defects and noncompliance.
30121. Provisional notification and civil actions to enforce.
30122. Making safety devices and elements inoperative.
30123. Tires.
30124. Buzzers indicating nonuse of safety belts.
30125. Schoolbuses and schoolbus equipment.
30126. Used motor vehicles.
30127. Automatic occupant crash protection and seat belt use.
SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
30141. Importing motor vehicles capable of complying with standards.
30142. Importing motor vehicles for personal use.
30143. Motor vehicles imported by individuals employed outside the
United States.
30144. Importing motor vehicles on a temporary basis.
30145. Importing motor vehicles or equipment requiring further
manufacturing.
30146. Release of motor vehicles and bonds.
30147. Responsibility for defects and noncompliance.
SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
30161. Judicial review of standards.
30162. Petitions by interested persons for standards and enforcement.
30163. Actions by the Attorney General.
30164. Service of process.
30165. Civil penalty.
30166. Inspections, investigations, and records.
30167. Disclosure of information by the Secretary of Transportation.
30168. Research, testing, development, and training.
30169. Annual reports.
30170. Criminal penalties.
* * * * * * *
Sec. 409. Discovery and admission as evidence of certain reports and
surveys
Notwithstanding any other provision of law, reports,
surveys, schedules, lists, or data compiled or collected for
the purpose of identifying evaluating, or planning the safety
enhancement of potential accident sites, hazardous roadway
conditions, or railway-highway crossings, pursuant to sections
130, 144, and [152] 148 of this title or for the purpose of
developing any highway safety construction improvement project
which may be implemented utilizing Federal-aid highway funds
shall not be subject to discovery or admitted into evidence in
a Federal or State court proceeding or considered for other
purposes in any action for damages arising from any occurrence
at a location mentioned or addressed in such reports, surveys,
schedules, lists, or data.
* * * * * * *
[CHAPTER 5--RESEARCH AND TECHNOLOGY
[Sec.
501. Definitions.
[502. Surface transportation research.
503. Technology deployment program. \2\
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\2\ So in law. Does not conform to section heading.
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504. Training and education.
[505. State planning and research.
[506. International highway transportation outreach program.
[507. Surface transportation-environment cooperative research program.
[508. Surface transportation research strategic planning.
[Sec. 501. Definitions
[In this chapter, the following definitions apply:
[(1) Federal laboratory.--The term ``Federal
laboratory'' includes a Government-owned, Government-
operated laboratory and a Government-owned, contractor-
operated laboratory.
[(2) Safety.--The term ``safety'' includes highway
and traffic safety systems, research, and development
relating to vehicle, highway, driver, passenger,
bicyclist, and pedestrian characteristics, accident
investigations, communications, emergency medical care,
and transportation of the injured.
[Sec. 502. Surface transportation research
[(a) General Authority.--
[(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
[(A) motor carrier transportation;
[(B) all phases of transportation planning
and development (including construction,
operation, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
[(C) the effect of State laws on the
activities described in subparagraphs (A) and
(B).
[(2) Tests and development.--The Secretary may
test, develop, or assist in testing and developing any
material, invention, patented article, or process.
[(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.
[(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the surface transportation research and
technology development strategic plan developed under
section 508.
[(5) Funds.--
[(A) Special account.--In addition to other
funds made available to carry out this section,
the Secretary shall use such funds as may be
deposited by any cooperating organization or
person in a special account of the Treasury
established for this purpose.
[(B) Use of funds.--The Secretary shall use
funds made available to carry out this section
to develop, administer, communicate, and
promote the use of products of research,
development, and technology transfer programs
under this section.
[(b) Collaborative Research and Development.--
[(1) In general.--To encourage innovative solutions
to surface transportation problems and stimulate the
deployment of new 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, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State; and
[(B) Federal laboratories.
[(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)).
[(3) Federal share.--
[(A) In general.--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, the
Secretary may approve a greater Federal share.
[(B) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, and hardware 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.).
[(5) Waiver of advertising requirements.--Section
3709 of the Revised Statutes (41 U.S.C. 5) shall not
apply to a contract or agreement entered into under
this chapter.
[(c) 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) Development, use, and dissemination of
indicators, including appropriate computer programs for
collecting and analyzing data on the status of
infrastructure facilities, to measure the performance
of the surface transportation systems of the United
States, including productivity, efficiency, energy use,
air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
[(2) Methods, materials, and testing to improve the
durability of surface transportation infrastructure
facilities and extend the life of bridge structures,
including--
[(A) new and innovative technologies to
reduce corrosion;
[(B) tests simulating seismic activity,
vibration, and weather; and
[(C) the use of innovative recycled
materials.
[(3) Technologies and practices that reduce costs
and minimize disruptions associated with the
construction, rehabilitation, and maintenance of
surface transportation systems, including responses to
natural disasters.
[(4) Development of nondestructive evaluation
equipment for use with existing infrastructure
facilities and with next-generation infrastructure
facilities that use advanced materials.
[(5) Dynamic simulation models of surface
transportation systems for--
[(A) predicting capacity, safety, and
infrastructure durability problems;
[(B) evaluating planned research projects;
and
[(C) testing the strengths and weaknesses
of proposed revisions to surface transportation
operations programs.
[(6) Economic highway geometrics, structures, and
desirable weight and size standards for vehicles using
the public highways and the feasibility of uniformity
in State regulations with respect to such standards.
[(7) Telecommuting and the linkages between
transportation, information technology, and community
development and the impact of technological change and
economic restructuring on travel demand.
[(8) Expansion of knowledge of implementing life
cycle cost analysis, including--
[(A) establishing the appropriate analysis
period and discount rates;
[(B) learning how to value and properly
consider use costs;
[(C) determining tradeoffs between
reconstruction and rehabilitation; and
[(D) establishing methodologies for
balancing higher initial costs of new
technologies and improved or advanced materials
against lower maintenance costs.
[(9) Standardized estimates, to be developed in
conjunction with the National Institute of Standards
and Technology and other appropriate organizations, of
useful life under various conditions for advanced
materials of use in surface transportation.
[(10) Evaluation of traffic calming measures that
promote community preservation, transportation mode
choice, and safety.
[(11) Development and implementation of safety-
enhancing equipment, including unobtrusive eyetracking
technology.
[(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.
[(f) Seismic Research Program.--
[(1) Establishment.--The Secretary shall establish
a program to study the vulnerability of the Federal-aid
highway system and other surface transportation systems
to seismic activity and to develop and implement cost-
effective methods to reduce such vulnerability.
[(2) Cooperation with national center for
earthquake engineering research.--The Secretary shall
conduct the program in cooperation with the National
Center for Earthquake Engineering Research at the
University of Buffalo.
[(3) Cooperation with agencies participating in
national earthquake hazards reduction program.--The
Secretary shall conduct the program in consultation and
cooperation with Federal departments and agencies
participating in the National Earthquake Hazards
Reduction Program established by section 5 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704) and shall take such actions as may be necessary
to ensure that the program is consistent with--
[(A) planning and coordination activities
of the Director of the Federal Emergency
Management Agency under section 5(b)(1) of such
Act (42 U.S.C. 7704(b)(1)); and
[(B) the plan developed by the Director of
the Federal Emergency Management Agency under
section 8(b) of such Act (42 U.S.C. 7705b(b)).
[(g) Infrastructure Investment Needs Report.--
[(1) In general.--Not later than January 31, 1999,
and January 31 of every second year thereafter, the
Secretary 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 on--
[(A) estimates of the future highway and
bridge needs of the United States; and
[(B) the backlog of current highway and
bridge needs.
[(2) Comparison with prior reports.--Each report
under paragraph (1) shall provide the means, including
all necessary information, to relate and compare the
conditions and service measures used in the 3 biannual
reports published prior to the date of enactment of the
Transportation Equity Act for the 21st Century.
[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.
[(2) Purpose.--The purpose of the program shall be
to significantly accelerate the adoption of innovative
technologies by the surface transportation community.
[(3) Deployment goals.--
[(A) Establishment.--Not later than 180
days after the date of enactment of this
section, the Secretary shall establish not more
than 5 deployment goals to carry out paragraph
(1).
[(B) Design.--Each of the goals and the
program developed to achieve the goals shall be
designed to provide tangible benefits, with
respect to transportation systems, in the areas
of efficiency, safety, reliability, service
life, environmental protection, and
sustainability.
[(C) Strategies for achievement.--For each
goal, the Secretary, in cooperation with
representatives of the transportation community
such as States, local governments, the private
sector, and academia, shall use domestic and
international technology to develop strategies
and initiatives to achieve the goal, including
technical assistance in deploying technology
and mechanisms for sharing information among
program participants.
[(4) Integration with other programs.--The
Secretary shall integrate activities carried out under
this subsection with the efforts of the Secretary to
disseminate the results of research sponsored by the
Secretary and to facilitate technology transfer.
[(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that
leverage Federal funds with other significant public or
private resources.
[(6) Continuation of shrp partnerships.--Under the
program, the Secretary shall continue the partnerships
established through the strategic highway research
program established under section 307(d) (as in effect
on the day before the date of enactment of this
section).
[(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.
[(9) Allocation.--To the extent appropriate to
achieve the goals established under paragraph (3), the
Secretary may further allocate funds made available to
carry out this section to States for their use.
[(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.
[(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--
[(i) 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 concerning
innovative materials; and
[(ii) States to pay the Federal
share of the cost of repair,
rehabilitation, replacement, and new
construction of bridges or structures
that demonstrate the application of
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 the applications based on
whether the project that is the subject of the
grant 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.
[(5) Federal share.--The Federal share of the cost
of a project under this section shall be determined by
the Secretary.
[Sec. 504. Training and education
[(a) National Highway Institute.--
[(1) In general.--The Secretary shall operate in
the Federal Highway Administration a National Highway
Institute (in this subsection referred to as the
``Institute''). The Secretary shall administer, through
the Institute, the authority vested in the Secretary by
this title or by any other law for the development and
conduct of education and training programs relating to
highways.
[(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
[(A) Federal Highway Administration, State,
and local transportation agency employees;
[(B) regional, State, and metropolitan
planning organizations;
[(C) State and local police, public safety,
and motor vehicle employees; and
[(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
[(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.
[(4) Set-aside; federal share.--Not to exceed \1/2\
of 1 percent of the funds apportioned to a State under
section 104(b)(3) for the surface transportation
program shall be available for expenditure by the State
transportation department for the payment of not to
exceed 80 percent of the cost of tuition and direct
educational expenses (excluding salaries) in connection
with the education and training of employees of State
and local transportation agencies in accordance with
this subsection.
[(5) Federal responsibility.--
[(A) In general.--Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local
transportation (including highway) agencies
authorized under this subsection may be
provided--
[(i) by the Secretary at no cost to
the States and local governments if the
Secretary determines that provision at
no cost is in the public interest; or
[(ii) by the State through grants,
cooperative agreements, and contracts
with public and private agencies,
institutions, individuals, and the
Institute.
[(B) Payment of full cost by private
persons.--Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training
received by them unless the Secretary
determines that a lower cost is of critical
importance to the public interest.
[(6) Training fellowships; cooperation.--The
Institute may--
[(A) engage in training activities
authorized under this subsection, including the
granting of training fellowships; and
[(B) carry out its authority independently
or in cooperation with any other branch of the
Federal Government or any State agency,
authority, association, institution, for-profit
or nonprofit corporation, other national or
international entity, or other person.
[(7) Collection of fees.--
[(A) General rule.--In accordance with this
subsection, the Institute may assess and
collect fees solely to defray the costs of the
Institute in developing or administering
education and training programs under this
subsection.
[(B) Limitation.--Fees may be assessed and
collected under this subsection only in a
manner that may reasonably be expected to
result in the collection of fees during any
fiscal year in an aggregate amount that does
not exceed the aggregate amount of the costs
referred to in subparagraph (A) for the fiscal
year.
[(C) Persons subject to fees.--Fees may be
assessed and collected under this subsection
only with respect to--
[(i) persons and entities for whom
education or training programs are
developed or administered under this
subsection; and
[(ii) persons and entities to whom
education or training is provided under
this subsection.
[(D) Amount of fees.--The fees assessed and
collected under this subsection shall be
established in a manner that ensures that the
liability of any person or entity for a fee is
reasonably based on the proportion of the costs
referred to in subparagraph (A) that relate to
the person or entity.
[(E) Use.--All fees collected under this
subsection shall be used to defray costs
associated with the development or
administration of education and training
programs authorized under this subsection.
[(8) Relation to fees.--The funds made available to
carry out this subsection may be combined with or held
separate from the fees collected under paragraph (7).
[(b) Local Technical Assistance Program.--
[(1) Authority.--The Secretary shall carry out a
local technical assistance program that will provide
access to surface transportation technology to--
[(A) highway and transportation agencies in
urbanized areas with populations of between
50,000 and 1,000,000 individuals;
[(B) highway and transportation agencies in
rural areas; and
[(C) contractors that do work for the
agencies.
[(2) Grants, cooperative agreements, and
contracts.--The Secretary may make grants and enter
into cooperative agreements and contracts to provide
education and training, technical assistance, and
related support services to--
[(A) assist rural, local transportation
agencies and tribal governments, and the
consultants and construction personnel working
for the agencies and governments, to--
[(i) develop and expand their
expertise in road and transportation
areas (including pavement, bridge,
concrete structures, safety management
systems, and traffic safety
countermeasures);
[(ii) improve roads and bridges;
[(iii) enhance--
[(I) programs for the
movement of passengers and
freight; and
(II) intergovernmental
transportation planning and
project selection; and
[(iv) deal effectively with special
transportation-related problems by
preparing and providing training
packages, manuals, guidelines, and
technical resource materials;
[(B) develop technical assistance for
tourism and recreational travel;
[(C) identify, package, and deliver
transportation technology and traffic safety
information to local jurisdictions to assist
urban transportation agencies in developing and
expanding their ability to deal effectively
with transportation-related problems;
[(D) operate, in cooperation with State
transportation departments and universities--
[(i) local technical assistance
program centers designated to provide
transportation technology transfer
services to rural areas and to
urbanized areas with populations of
between 50,000 and 1,000,000
individuals; and
[(ii) local technical assistance
program centers designated to provide
transportation technical assistance to
Indian tribal governments; and
[(E) allow local transportation agencies
and tribal governments, in cooperation with the
private sector, to enhance new technology
implementation.
[(c) Research Fellowships.--
[(1) General authority.--The Secretary, acting
either independently or in cooperation with other
Federal departments, agencies, and instrumentalities,
may make grants for research fellowships for any
purpose for which research is authorized by this
chapter.
[(2) Dwight david eisenhower transportation
fellowship program.--The Secretary shall establish and
implement a transportation research fellowship program
for the purpose of attracting qualified students to the
field of transportation. The program shall be known as
the ``Dwight David Eisenhower Transportation Fellowship
Program''.
[Sec. 505. State planning and research
[(a) General Rule.--Two percent of the sums apportioned to
a State for fiscal year 1998 and each fiscal year thereafter
under section 104 (other than sections 104(f) and 104(h)) and
under section 144 shall be available for expenditure by the
State, in consultation with the Secretary, only for the
following purposes:
[(1) Engineering and economic surveys and
investigations.
[(2) The planning of future highway programs and
local public transportation systems and the planning of
the financing of such programs and systems, including
metropolitan and statewide planning under sections 134
and 135.
[(3) Development and implementation of management
systems under section 303.
[(4) Studies of the economy, safety, and
convenience of surface transportation systems and the
desirable regulation and equitable taxation of such
systems.
[(5) Research, development, and technology transfer
activities necessary in connection with the planning,
design, construction, management, and maintenance of
highway, public transportation, and intermodal
transportation systems.
[(6) Study, research, and training on the
engineering standards and construction materials for
transportation systems described in paragraph (5),
including the evaluation and accreditation of
inspection and testing and the regulation and taxation
of their use.
[(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
[(1) In general.--Subject to paragraph (2), not
less than 25 percent of the funds subject to subsection
(a) that are apportioned to a State for a fiscal year
shall be expended by the State for research,
development, and technology transfer activities
described in subsection (a), relating to highway,
public transportation, and intermodal transportation
systems.
[(2) Waivers.--The Secretary may waive the
application of paragraph (1) with respect to a State
for a fiscal year if the State certifies to the
Secretary for the fiscal year that total expenditures
by the State for transportation planning under sections
134 and 135 will exceed 75 percent of the funds
described in paragraph (1) and the Secretary accepts
such certification.
[(3) Nonapplicability of assessment.--Funds
expended under paragraph (1) shall not be considered to
be part of the extramural budget of the agency for the
purpose of section 9 of the Small Business Act (15
U.S.C. 638).
[(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a) shall
be 80 percent unless the Secretary determines that the
interests of the Federal-aid highway program would be best
served by decreasing or eliminating the non-Federal share.
[(d) Administration of Sums.--Funds subject to subsection
(a) shall be combined and administered by the Secretary as a
single fund and shall be available for obligation for the same
period as funds apportioned under section 104(b)(1).
[Sec. 506. International highway transportation outreach program
[(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
[(1) to inform the United States highway community
of technological innovations in foreign countries that
could significantly improve highway transportation in
the United States;
[(2) to promote United States highway
transportation expertise, goods, and services in
foreign countries; and
[(3) to increase transfers of United States highway
transportation technology to foreign countries.
[(b) Activities.--Activities carried out under the program
may include--
[(1) development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries
that could significantly improve highway transportation
in the United States;
[(2) research, development, demonstration,
training, and other forms of technology transfer and
exchange;
[(3) informing foreign countries about the
technical quality of United States highway
transportation goods and services through participation
in trade shows, seminars, expositions, and other such
activities;
[(4) offering technical services of the Federal
Highway Administration that cannot be readily obtained
from United States private sector firms to be
incorporated into the proposals of United States
private sector firms undertaking highway transportation
projects outside the United States if the costs of such
services will be recovered under the terms of the
project;
[(5) conducting studies to assess the need for or
feasibility of highway transportation improvements in
countries that are not members of the Organization for
Economic Cooperation and Development, as of December
18, 1991, and in Greece and Turkey; and
[(6) gathering and disseminating information on
foreign transportation markets and industries.
[(c) Cooperation.--The Secretary may carry out this section
in cooperation with any appropriate Federal agency, State or
local agency, authority, association, institution, corporation
(profit or nonprofit), foreign government, multinational
institution, or other organization or person.
[(d) Funds.--
[(1) Contributions.--Funds available to carry out
this section shall include funds deposited by any
cooperating organization or person into a special
account of the Treasury established for this purpose.
[(2) Eligible uses of funds.--The funds deposited
into the account and other funds available to carry out
this section shall be available to cover the cost of
any activity eligible under this section, including the
cost of promotional materials, travel, reception and
representation expenses, and salaries and benefits.
[(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department
of Transportation employees providing services under
this section shall be credited to the account.
[(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out section 505 for any activity
authorized under subsection (a).
[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.]
CHAPTER 5_RESEARCH AND TECHNOLOGY
Subchapter I_Surface Transportation
Sec.
501. Definitions.
502. Surface transportation
research.
503. Technology application
program.
504. Training and education.
505. State planning and research.
506. International highway
transportation outreach program.
507. Surface transportation-
environment cooperative research
program.
508. Surface transportation
research technology deployment
and strategic planning.
509. New strategic highway
research program.
510. University transportation
centers.
SUBCHAPTER II_INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND TECHNICAL
ASSISTANCE PROGRAM
521. Finding.
522. Goals and purposes.
523. Definitions.
524. General authorities and
requirements.
525. National ITS Program Plan.
526. National ITS architecture
and standards.
527. Commercial vehicle
intelligent transportation system
infrastructure program.
528. Research and development.
529. Use of funds.
SUBCHAPTER I_SURFACE TRANSPORTATION
Sec. 501. Definitions
In this subchapter:
(1) Federal laboratory.--The term `Federal
laboratory' includes--
(A) a Government-owned, Government-operated
laboratory; and
(B) a Government-owned, contractor-operated
laboratory.
(2) Safety.--The term `safety' includes highway and
traffic safety systems, research, and development
relating to--
(A) vehicle, highway, driver, passenger,
bicyclist, and pedestrian characteristics;
(B) accident investigations;
(C) communications;
(D) emergency medical care; and
(E) transportation of the injured.
Sec. 502. Surface transportation research
(a) In General.--
(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
(A) all phases of transportation planning
and development (including new technologies,
construction, transportation systems management
and operations development, design,
maintenance, safety, security, financing, data
collection and analysis, demand forecasting,
multimodal assessment, and traffic conditions);
and
(B) the effect of State laws on the
activities described in subparagraph (A).
(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing, any
material, invention, patented article, or process.
(3) Cooperation, grants, and contracts.--
(A) In general.--The Secretary may carry
out this section--
(i) independently;
(ii) in cooperation with--
(I) any other Federal
agency or instrumentality; and
(II) any Federal
laboratory; or
(iii) by making grants to, or
entering into contracts, cooperative
agreements, and other transactions
with--
(I) the National Academy of
Sciences;
(II) the American
Association of State Highway
and Transportation Officials;
(III) planning
organizations;
(IV) a Federal laboratory;
(V) a State agency;
(VI) an authority,
association, institution, or
organization;
(VII) a for-profit or
nonprofit corporation;
(VIII) a foreign country;
or
(IX) any other person.
(B) Competition; review.--All parties
entering into contracts, cooperative agreements
or other transactions with the Secretary, or
receiving grants, to perform research or
provide technical assistance under this section
shall be selected, to the maximum extent
practicable--
(i) on a competitive basis; and
(ii) on the basis of the results of
peer review of proposals submitted to
the Secretary.
(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the surface transportation research and
technology development strategic plan developed under
section 508(c).
(5) Funds.--
(A) Special account.--In addition to other
funds made available to carry out this section,
the Secretary shall use such funds as may be
deposited by any cooperating organization or
person in a special account of the Treasury
established for this purpose.
(B) Use of funds.--The Secretary shall use
funds made available to carry out this section
to develop, administer, communicate, and
promote the use of products of research,
development, and technology transfer programs
under this section.
(b) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions
to surface transportation problems and stimulate the
deployment of new 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, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State); and
(B) Federal laboratories.
(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)).
(3) Federal share.--
(A) In general.--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, the
Secretary may approve a greater Federal share.
(B) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, and hardware 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.).
(5) Waiver of advertising requirements.--Section
3709 of the Revised Statutes (41 U.S.C. 5) shall not
apply to a contract or agreement entered into under
this chapter.
(c) Contents of Research Program.--The Secretary shall
include as priority areas of effort within the surface
transportation research program--
(1) the development of new technologies and methods
in materials, pavements, structures, design, and
construction, with the objectives of--
(A)(i) increasing to 50 years the expected
life of pavements;
(ii) increasing to 100 years the expected
life of bridges; and
(iii) significantly increasing the
durability of other infrastructure;
(B) lowering the life-cycle costs,
including--
(i) construction costs;
(ii) maintenance costs;
(iii) operations costs; and
(vi) user costs.
(2) the development, and testing for effectiveness,
of nondestructive evaluation technologies for civil
infrastructure using existing and new technologies;
(3) the investigation of--
(A) the application of current natural
hazard mitigation techniques to manmade
hazards; and
(B) the continuation of hazard mitigation
research combining manmade and natural hazards;
(4) the improvement of safety--
(A) at intersections;
(B) with respect to accidents involving
vehicles run off the road; and
(C) on rural roads;
(5) the reduction of work zone incursions and
improvement of work zone safety;
(6) the improvement of geometric design of roads
for the purpose of safety;
(7) the examination of data collected through the
national bridge inventory conducted under section 144
using the national bridge inspection standards
established under section 151, with the objectives of
determining whether--
(A) the most useful types of data are being
collected; and
(B) any improvement could be made in the
types of data collected and the manner in which
the data is collected, with respect to bridges
in the United States;
(8) the improvement of the infrastructure
investment needs report described in subsection (g)
through--
(A) the study and implementation of new
methods of collecting better quality data,
particularly with respect to performance,
congestion, and infrastructure conditions;
(B) monitoring of the surface
transportation system in a system-wide manner,
through the use of--
(i) intelligent transportation
system technologies of traffic
operations centers; and
(ii) other new data collection
technologies as sources of better
quality performance data;
(C) the determination of the critical
metrics that should be used to determine the
condition and performance of the surface
transportation system; and
(D) the study and implementation of new
methods of statistical analysis and computer
models to improve the prediction of future
infrastructure investment requirements;
(9) the development of methods to improve the
determination of benefits from infrastructure
improvements, including--
(A) more accurate calculations of benefit-
to-cost ratios, considering benefits and
impacts throughout local and regional
transportation systems;
(B) improvements in calculating life-cycle
costs; and
(C) valuation of assets;
(10) the improvement of planning processes to
better predict outcomes of transportation projects,
including the application of computer simulations in
the planning process to predict outcomes of planning
decisions;
(11) the multimodal applications of Geographic
Information Systems and remote sensing, including such
areas of application as--
(A) planning;
(B) environmental decisionmaking and
project delivery; and
(C) freight movement;
(12) the development and application of methods of
providing revenues to the Highway Trust Fund with the
objective of offsetting potential reductions in fuel
tax receipts;
(13) the development of tests and methods to
determine the benefits and costs to communities of
major transportation investments and projects;
(14) the conduct of extreme weather research,
including research to--
(A) reduce contraction and expansion
damage;
(B) reduce or repair road damage caused by
freezing and thawing;
(C) improve deicing or snow removal
techniques;
(D) develop better methods to reduce the
risk of thermal collapse, including collapse
from changes in underlying permafrost;
(E) improve concrete and asphalt
installation in extreme weather conditions; and
(F) make other improvements to protect
highway infrastructure or enhance highway
safety or performance;
(15) the improvement of planning processes and
project development through the development and
application of collaboration tools and strategies for
finding transportation solutions; and
(16) any other surface transportation research
topics that the Secretary determines, in accordance
with the strategic planning process under section 508,
to be critical.
(d) Advanced, High-Risk Research.--
(1) In general.--The Secretary shall establish and
carry out, in accordance with the surface
transportation research and technology development
strategic plan developed under section 508(c) and
research priority areas described in subsection (c), an
advanced research program that addresses longer-term,
higher-risk research with potentially dramatic
breakthroughs for improving the durability, efficiency,
environmental impact, productivity, and safety
(including bicycle and pedestrian safety) aspects of
highway and intermodal transportation systems.
(2) Partnerships.--In carrying out the program, the
Secretary shall seek to develop partnerships with the
public and private sectors.
(3) Report.--The Secretary shall include in the
strategic plan required under section 508(c) a
description of each of the projects, and the amount of
funds expended for each project, carried out under this
subsection during the fiscal year.
(e) Long-Term Pavement Performance Program.--
(1) Authority.--The Secretary shall continue,
through September 30, 2009, the long-term pavement
performance program tests, monitoring, and data
analysis.
(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.
(3) Conclusion of program.--
(A) Summary report.--The Secretary shall
include in the strategic plan required under
section 508(c) a report on the initial
conclusions of the long-term pavement
performance program that includes--
(i) an analysis of any research
objectives that remain to be achieved
under the program;
(ii) an analysis of other
associated longer-term expenditures
under the program that are in the
public interest;
(iii) a detailed plan regarding the
storage, maintenance, and user support
of the database, information management
system, and materials reference library
of the program;
(iv) a schedule for continued
implementation of the necessary data
collection and analysis and project
plan under the program; and
(v) an estimate of the costs of
carrying out each of the activities
described in clauses (i) through (iv)
for each fiscal year during which the
program is carried out.
(B) Deadline; usefulness of advances.--The
Secretary shall, to the maximum extent
practicable--
(i) ensure that the long-term
pavement performance program is
concluded not later than September 30,
2009; and
(ii) make such allowances as are
necessary to ensure the usefulness of
the technological advances resulting
from the program.
(f) Seismic Research.--The Secretary shall--
(1) in consultation and cooperation with Federal
agencies participating in the National Earthquake
Hazards Reduction Program established by section 5 of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704), coordinate the conduct of seismic research; and
(2) take such actions as are necessary to ensure
that the coordination of the research is consistent
with--
(A) planning and coordination activities of
the Director of the Federal Emergency
Management Agency under section 5(b)(1) of that
Act (42 U.S.C. 7704(b)(1)); and
(B) the plan developed by the Director of
the Federal Emergency Management Agency under
section 8(b) of that Act (42 U.S.C. 7705b(b)).
(g) Infrastructure Investment Needs Report.--
(1) In general.--Not later than July 31, 2004, and
July 31 of every second year 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 that describes--
(A) estimates of the future highway and
bridge needs of the United States; and
(B) the backlog of current highway and
bridge needs.
(2) Comparison with prior reports.--Each report
under paragraph (1) shall provide the means, including
all necessary information, to relate and compare the
conditions and service measures used in the previous
biennial reports.
(h) Security Related Research and Technology Transfer
Activities.--
(1) In general.--Not later than 180 days after the
date of enactment of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2003, the
Secretary, in consultation with the Secretary of
Homeland Security, with key stakeholder input
(including State transportation departments) shall
develop a 5-year strategic plan for research and
technology transfer and deployment activities
pertaining to the security aspects of highway
infrastructure and operations.
(2) Components of plan.--The plan shall include--
(A) an identification of which agencies are
responsible for the conduct of various research
and technology transfer activities;
(B) a description of the manner in which
those activities will be coordinated; and
(C) a description of the process to be used
to ensure that the advances derived from
relevant activities supported by the Federal
Highway Administration are consistent with the
operational guidelines, policies,
recommendations, and regulations of the
Department of Homeland Security; and
(D) a systematic evaluation of the research
that should be conducted to address, at a
minimum--
(i) vulnerabilities of, and
measures that may be taken to improve,
emergency response capabilities and
evacuations;
(ii) recommended upgrades of
traffic management during crises;
(iii) enhanced communications among
the public, the military, law
enforcement, fire and emergency medical
services, and transportation agencies;
(iv) protection of critical,
security-related infrastructure; and
(v) structural reinforcement of key
facilities.
(3) Submission.--On completion of the plan under
this subsection, 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) a copy of the plan developed under
paragraph (1); and
(B) a copy of a memorandum of understanding
specifying coordination strategies and
assignment of responsibilities covered by the
plan that is signed by the Secretary and the
Secretary of Homeland Security.
Sec. 503. Technology application program
(a) Technology Application Initiatives and Partnerships
Program.--
(1) Establishment.--The Secretary, in consultation
with interested stakeholders, shall develop and
administer a national technology application
initiatives and partnerships program.
(2) Purpose.--The purpose of the program shall be
to significantly accelerate the adoption of innovative
technologies by the surface transportation community.
(3) Application goals.--
(A) Establishment.--Not later than 180 days
after the date of enactment of the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the
Secretary, in consultation with the Surface
Transportation Research Technology Advisory
Committee, State transportation departments,
and other interested stakeholders, shall
establish, as part of the surface
transportation research and technology
development strategic plan under section
508(c), goals to carry out paragraph (1).
(B) Design.--Each of the goals and the
program developed to achieve the goals shall be
designed to provide tangible benefits, with
respect to transportation systems, in the areas
of efficiency, safety, reliability, service
life, environmental protection, and
sustainability.
(C) Strategies for achievement.--For each
goal, the Secretary, in cooperation with
representatives of the transportation
community, such as States, local governments,
the private sector, and academia, shall use
domestic and international technology to
develop strategies and initiatives to achieve
the goal, including technical assistance in
deploying technology and mechanisms for sharing
information among program participants.
(4) Integration with other programs.--The Secretary
shall integrate activities carried out under this
subsection with the efforts of the Secretary to--
(A) disseminate the results of research
sponsored by the Secretary; and
(B) facilitate technology transfer.
(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that
leverage Federal funds with other significant public or
private resources.
(6) 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.
(7) Reports.--The results and progress of
activities carried out under this section shall be
published as part of the annual transportation research
report prepared by the Secretary under section
508(c)(5).
(8) Allocation.--To the extent appropriate to
achieve the goals established under paragraph (3), the
Secretary may further allocate funds made available to
carry out this section to States for use by those
States.
(b) Innovative Surface Transportation Infrastructure
Research and Construction Program.--
(1) In general.--The Secretary shall establish and
carry out a program for the application of innovative
material, design, and construction technologies in the
construction, preservation, and rehabilitation of
elements of surface transportation infrastructure.
(2) Goals.--The goals of the program shall
include--
(A) the development of new, cost-effective,
and innovative materials;
(B) the reduction of maintenance costs and
life-cycle costs of elements of infrastructure,
including the costs of new construction,
replacement, and rehabilitation;
(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 surface transportation
infrastructure;
(E) the development of highway bridges and
structures that will withstand natural
disasters and disasters caused by human
activity; and
(F) the development of new, nondestructive
technologies and techniques for the evaluation
of elements of transportation infrastructure.
(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--
(i) 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 concerning
innovative materials and methods; and
(ii) States, to pay the Federal
share of the cost of repair,
rehabilitation, replacement, and new
construction of elements of surface
transportation infrastructure that
demonstrate the application of
innovative materials and methods.
(B) Applications.--
(i) In general.--To receive a grant
under this subsection, an entity
described in subparagraph (A) shall
submit to the Secretary an application
in such form and containing such
information as the Secretary may
require.
(ii) Approval.--The Secretary shall
select and approve an application based
on whether the proposed project that is
the subject of the application would
meet the goals described in paragraph
(2).
(4) Technology and information transfer.--The
Secretary shall take such action as is necessary to--
(A) 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; and
(B) encourage the use of the information
and technology.
(5) Federal share.--The Federal share of the cost
of a project under this section shall be determined by
the Secretary.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) In general.--The Secretary shall--
(A) operate, in the Federal Highway
Administration, a National Highway Institute
(referred to in this subsection as the
`Institute'); and
(B) administer, through the Institute, the
authority vested in the Secretary by this title
or by any other law for the development and
conduct of education and training programs
relating to highways.
(2) Duties of the institute.--In cooperation with
State transportation departments, industries in the
United States, and national or international entities,
the Institute shall develop and administer education
and training programs of instruction for--
(A) Federal Highway Administration, State,
and local transportation agency employees;
(B) regional, State, and metropolitan
planning organizations;
(C) State and local police, public safety,
and motor vehicle employees; and
(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
(3) Courses.--
(A) In general.--The Institute shall--
(i) develop or update existing
courses in asset management, including
courses that include such components
as--
(I) the determination of
life-cycle costs;
(II) the valuation of
assets;
(III) benefit-to-cost ratio
calculations; and
(IV) objective
decisionmaking processes for
project selection; and
(ii) continually develop courses
relating to the application of emerging
technologies for--
(I) transportation
infrastructure applications and
asset management;
(II) intelligent
transportation systems;
(III) operations (including
security operations);
(IV) the collection and
archiving of data;
(V) expediting the planning
and development of
transportation projects; and
(VI) the intermodal
movement of individuals and
freight.
(B) Additional courses.--In addition to the
courses developed under subparagraph (A), the
Institute, in consultation with State
transportation departments, metropolitan
planning organizations, and the American
Association of State Highway and Transportation
Officials, may develop courses relating to
technology, methods, techniques, engineering,
construction, safety, maintenance,
environmental mitigation and compliance,
regulations, management, inspection, and
finance.
(C) Revision of courses offered.--The
Institute shall periodically--
(i) review the course inventory of
the Institute; and
(ii) revise or cease to offer
courses based on course content,
applicability, and need.
(4) Eligibility; federal share.--The funds
apportioned to a State under section 104(b)(3) for the
surface transportation program shall be expended by the
State transportation department for the payment of not
to exceed 80 percent of the cost of tuition and direct
educational expenses (excluding salaries) in connection
with the education and training of employees of State
and local transportation agencies in accordance with
this subsection.
(5) Federal responsibility.--
(A) In general.--Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local
transportation (including highway) agencies
authorized under this subsection may be
provided--
(i) by the Secretary, at no cost to
the States and local governments, if
the Secretary determines that provision
at no cost is in the public interest;
or
(ii) by the State, through grants,
cooperative agreements, and contracts
with public and private agencies,
institutions, individuals, and the
Institute.
(B) Payment of full cost by private
persons.--Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training
(including the cost of course development)
received by the agencies, entities, and
individuals, unless the Secretary determines
that payment of a lesser amount of the cost is
of critical importance to the public interest.
(6) Training fellowships; cooperation.--The
Institute may--
(A) engage in training activities
authorized under this subsection, including the
granting of training fellowships; and
(B) exercise the authority of the Institute
independently or in cooperation with any--
(i) other Federal or State agency;
(ii) association, authority,
institution, or organization;
(iii) for-profit or nonprofit
corporation;
(iv) national or international
entity;
(v) foreign country; or
(vi) person.
(7) Collection of fees.--
(A) In general.--In accordance with this
subsection, the Institute may assess and
collect fees to defray the costs of the
Institute in developing or administering
education and training programs under this
subsection.
(B) Persons subject to fees.--Fees may be
assessed and collected under this subsection
only with respect to--
(i) persons and entities for whom
education or training programs are
developed or administered under this
subsection; and
(ii) persons and entities to whom
education or training is provided under
this subsection.
(C) Amount of fees.--The fees assessed and
collected under this subsection shall be
established in a manner that ensures that the
liability of any person or entity for a fee is
reasonably based on the proportion of the costs
referred to in subparagraph (A) that relate to
the person or entity.
(D) Use.--All fees collected under this
subsection shall be used, without further
appropriation, to defray costs associated with
the development or administration of education
and training programs authorized under this
subsection.
(8) Relation to fees.--The funds made available to
carry out this subsection may be combined with or held
separate from the fees collected under--
(A) paragraph (7);
(B) memoranda of understanding;
(C) regional compacts; and
(D) other similar agreements.
(b) Local Technical Assistance Program.--
(1) Authority.--The Secretary shall carry out a
local technical assistance program that will provide
access to surface transportation technology to--
(A) highway and transportation agencies in
urbanized areas;
(B) highway and transportation agencies in
rural areas;
(C) contractors that perform work for the
agencies; and
(D) infrastructure security.
(2) Grants, cooperative agreements, and
contracts.--The Secretary may make grants and enter
into cooperative agreements and contracts to provide
education and training, technical assistance, and
related support services to--
(A) assist rural, local transportation
agencies and tribal governments, and the
consultants and construction personnel working
for the agencies and governments, to--
(i) develop and expand expertise in
road and transportation areas
(including pavement, bridge, concrete
structures, intermodal connections,
safety management systems, intelligent
transportation systems, incident
response, operations, and traffic
safety countermeasures);
(ii) improve roads and bridges;
(iii) enhance--
(I) programs for the
movement of passengers and
freight; and
(II) intergovernmental
transportation planning and
project selection; and
(iv) deal effectively with special
transportation-related problems by
preparing and providing training
packages, manuals, guidelines, and
technical resource materials;
(B) develop technical assistance for
tourism and recreational travel;
(C) identify, package, and deliver
transportation technology and traffic safety
information to local jurisdictions to assist
urban transportation agencies in developing and
expanding their ability to deal effectively
with transportation-related problems
(particularly the promotion of regional
cooperation);
(D) operate, in cooperation with State
transportation departments and universities--
(i) local technical assistance
program centers designated to provide
transportation technology transfer
services to rural areas and to
urbanized areas; and
(ii) local technical assistance
program centers designated to provide
transportation technical assistance to
tribal governments; and
(E) allow local transportation agencies and
tribal governments, in cooperation with the
private sector, to enhance new technology
implementation.
(c) Research Fellowships.--
(1) General authority.--The Secretary, acting
independently or in cooperation with other Federal
agencies and instrumentalities, may make grants for
research fellowships for any purpose for which research
is authorized by this chapter.
(2) Dwight david eisenhower transportation
fellowship program.--The Secretary shall establish and
implement a transportation research fellowship program,
to be known as the `Dwight David Eisenhower
Transportation Fellowship Program', for the purpose of
attracting qualified students to the field of
transportation.
Sec. 505. State planning and research
(a) In General.--Two percent of the sums apportioned to a
State for fiscal year 2004 and each fiscal year thereafter
under sections 104 (other than subsections (f) and (h)) and 144
shall be available for expenditure by the State, in
consultation with the Secretary, only for--
(1) the conduct of engineering and economic surveys
and investigations;
(2) the planning of--
(A) future highway programs and local
public transportation systems; and
(B) the financing of those programs and
systems, including metropolitan and statewide
planning under sections 134 and 135;
(3) the development and implementation of
management systems under section 303;
(4) the conduct of studies on--
(A) the economy, safety, and convenience of
surface transportation systems; and
(B) the desirable regulation and equitable
taxation of those systems;
(5) research, development, and technology transfer
activities necessary in connection with the planning,
design, construction, management, and maintenance of
highway, public transportation, and intermodal
transportation systems;
(6) the conduct of studies, research, and training
relating to the engineering standards and construction
materials for surface transportation systems described
in paragraph (5) (including the evaluation and
accreditation of inspection and testing and the
regulation of and charging for the use of the standards
and materials); and
(7) the conduct of activities relating to the
planning of real-time monitoring elements.
(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
(1) In general.--Subject to paragraph (2), not less
than 25 percent of the funds subject to subsection (a)
that are apportioned to a State for a fiscal year shall
be expended by the State for research, development, and
technology transfer activities that--
(A) are described in subsection (a); and
(B) relate to highway, public
transportation, and intermodal transportation
systems.
(2) Waivers.--The Secretary may waive the
application of paragraph (1) with respect to a State
for a fiscal year if--
(A) the State certifies to the Secretary
for the fiscal year that total expenditures by
the State for transportation planning under
sections 134 and 135 will exceed 75 percent of
the funds described in paragraph (1); and
(B) the Secretary accepts the certification
of the State.
(3) Nonapplicability of assessment.--Funds expended
under paragraph (1) shall not be considered to be part
of the extramural budget of the agency for the purpose
of section 9 of the Small Business Act (15 U.S.C. 638).
(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a) shall
be the share applicable under section 120(b), as adjusted under
subsection (d) of that section.
(d) Administration of Sums.--Funds subject to subsection
(a) shall be--
(1) combined and administered by the Secretary as a
single fund; and
(2) available for obligation for the period
described in section 118(b)(2).
(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out this section for any purpose
authorized under section 506(a).
Sec. 506. International highway transportation outreach program
(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
(1) to inform the United States highway community
of technological innovations in foreign countries that
could significantly improve highway transportation in
the United States;
(2) to promote United States highway transportation
expertise, goods, and services in foreign countries;
and
(3) to increase transfers of United States highway
transportation technology to foreign countries.
(b) Activities.--Activities carried out under the program
may include--
(1) the development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries
that could significantly improve highway transportation
in the United States;
(2) research, development, demonstration, training,
and other forms of technology transfer and exchange;
(3) the provision to foreign countries, through
participation in trade shows, seminars, expositions,
and other similar activities, of information relating
to the technical quality of United States highway
transportation goods and services;
(4) the offering of technical services of the
Federal Highway Administration that cannot be readily
obtained from private sector firms in the United States
for incorporation into the proposals of those firms
undertaking highway transportation projects outside the
United States, if the costs of the technical services
will be recovered under the terms of the project;
(5) the conduct of studies to assess the need for,
or feasibility of, highway transportation improvements
in foreign countries; and
(6) the gathering and dissemination of information
on foreign transportation markets and industries.
(c) Cooperation.--The Secretary may carry out this section
in cooperation with any appropriate--
(1) Federal, State, or local agency;
(2) authority, association, institution, or
organization;
(3) for-profit or nonprofit corporation;
(4) national or international entity;
(5) foreign country; or
(6) person.
(d) Funds.--
(1) Contributions.--Funds available to carry out
this section shall include funds deposited by any
cooperating organization or person into a special
account of the Treasury established for this purpose.
(2) Eligible uses of funds.--The funds deposited
into the account, and other funds available to carry
out this section, shall be available to cover the cost
of any activity eligible under this section, including
the cost of--
(A) promotional materials;
(B) travel;
(C) reception and representation expenses;
and
(D) salaries and benefits.
(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department
of Transportation employees providing services under
this section shall be credited to the account.
(e) Report--For each fiscal year, 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 that describes the
destinations and individual trip costs of international travel
conducted in carrying out activities described in this section.
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 carried out under this section
may include research--
(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;
(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
(4) to meet additional priorities as determined by
the Secretary in the strategic planning process under
section 508; and
(5) to refine, through the conduct of workshops,
symposia, and panels, and in consultation with
stakeholders (including the Department of Energy, the
Environmental Protection Agency, and other appropriate
Federal and State agencies and associations) the scope
and research emphases of the program.
(c) Program Administration.--The Secretary shall--
(1) administer the program established under this
section; and
(2) ensure, to the maximum extent practicable,
that--
(A) the best projects and researchers are
selected to conduct research in the priority
areas described in subsection (b)--
(i) on the basis of merit of each
submitted proposal; and
(ii) through the use of open
solicitations and selection by a panel
of appropriate experts;
(B) a qualified, permanent core staff with
the ability and expertise to manage a large
multiyear budget is used;
(C) the stakeholders are involved in the
governance of the program, at the executive,
overall program, and technical levels, through
the use of expert panels and committees; and
(D) there is no duplication of research
effort between the program established under
this section and the new strategic highway
research program established under section 509.
(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 subsections (b) and (c) as the
Secretary determines to be appropriate.
Sec. 508. Surface transportation research technology deployment and
strategic planning
(a) Planning.--
(1) Establishment.--The Secretary shall--
(A) establish, in accordance with section
306 of title 5, a strategic planning process
that--
(i) enhances effective
implementation of this section through
the establishment in accordance with
paragraph (2) of the Surface
Transportation Research Technology
Advisory Committee; and
(ii) focuses on surface
transportation research funded through
paragraphs (1), (2), (4), and (5) of
section 2001(a) of the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act of 2003,
taking into consideration national
surface transportation system needs and
intermodality requirements;
(B) coordinate Federal surface
transportation research, technology
development, and deployment activities;
(C) at such intervals as are appropriate
and practicable, measure the results of those
activities and the ways in which the activities
affect the performance of the surface
transportation systems of the United States;
and
(D) ensure, to the maximum extent
practicable, that planning and reporting
activities carried out under this section are
coordinated with all other surface
transportation planning and reporting
requirements.
(2) Surface transportation research technology
advisory committee.--
(A) Establishment.--Not later than 90 days
after the date of enactment of the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the
Secretary shall establish a committee to be
known as the `Surface Transportation Research
Technology Advisory Committee' (referred to in
this section as the `Committee').
(B) Membership.--The Committee shall be
composed of 12 members appointed by the
Secretary--
(i) each of which shall have
expertise in a particular area relating
to Federal surface transportation
programs, including--
(I) safety;
(II) operations;
(III) infrastructure
(including pavements and
structures);
(IV) planning and
environment;
(V) policy; and
(VI) asset management; and
(ii) of which--
(I) 3 members shall be
individuals representing the
Federal Government;
(II) 3 members--
(aa) shall be
exceptionally qualified
to serve on the
Committee, as
determined by the
Secretary, based on
education, training,
and experience; and
(bb) shall not be
officers or employees
of the United States;
(III) 3 members--
(aa) shall
represent the
transportation industry
(including the pavement
industry); and
(bb) shall not be
officers or employees
of the United States;
and
(IV) 3 members shall
represent State transportation
departments from 3 different
geographical regions of the
United States.
(C) Meetings.--The advisory subcommittees
shall meet on a regular basis, but not less
than twice each year.
(D) Duties.--The Committee shall provide to
the Secretary, on a continuous basis, advice
and guidance relating to--
(i) the determination of surface
transportation research priorities;
(ii) the improvement of the
research planning and implementation
process;
(iii) the design and selection of
research projects;
(iv) the review of research
results;
(v) the planning and implementation
of technology transfer activities and
(vi) the formulation of the surface
transportation research and technology
deployment and deployment strategic
plan required under subsection (c).
(E) Authorization of appropriations.--There
is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this paragraph $200,000
for each fiscal year.
(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; and
(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.
(c) Surface Transportation Research and Technology
Deployment Strategic Plan.--
(1) In general.--After receiving, and based on,
extensive consultation and input from stakeholders
representing the transportation community and the
Surface Transportation Research Advisory Committee, the
Secretary shall, not later than 1 year after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, complete,
and shall periodically update thereafter, a strategic
plan for each of the core surface transportation
research areas, including--
(A) safety;
(B) operations;
(C) infrastructure (including pavements and
structures);
(D) planning and environment; and
(E) policy.
(2) Components.--The strategic plan shall specify--
(A) surface transportation research
objectives and priorities;
(B) specific highway research projects to
be conducted;
(C) recommended technology transfer
activities to promote the deployment of
advances resulting from the highway research
conducted; and
(D) short- and long-term technology
development and deployment activities.
(3) Review and submission of findings.--The
Secretary shall enter into a contract with the
Transportation Research Board of the National Academy
of Sciences, on behalf of the Research and Technology
Coordinating Committee of the National Research
Council, under which--
(A) the Transportation Research Board
shall--
(i) review the research and
technology planning and implementation
process used by Federal Highway
Administration; and
(ii) evaluate each of the strategic
plans prepared under this subsection--
(I) to ensure that
sufficient stakeholder input is
being solicited and considered
throughout the preparation
process; and
(II) to offer
recommendations relevant to
research priorities, project
selection, and deployment
strategies; and
(B) the Secretary shall ensure that the
Research and Technology Coordinating Committee,
in a timely manner, informs the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
of the findings of the review and evaluation
under subparagraph (A).
(4) Responses of secretary.--Not later than 60 days
after the date of completion of the strategic plan
under this subsection, 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 written
responses to each of the recommendations of the
Research and Technology Coordinating Committee under
paragraph (3)(A)(ii)(II).
(d) 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. 509. New strategic highway research program
(a) In General.--The National Research Council shall
establish and carry out, through fiscal year 2009, a new
strategic highway research program.
(b) Basis; Priorities.--With respect to the program
established under subsection (a)--
(1) the program shall be based on--
(A) National Research Council Special
Report No. 260, entitled `Strategic Highway
Research'; and
(B) the results of the detailed planning
work subsequently carried out to scope the
research areas through National Cooperative
Research Program Project 20-58.
(2) the scope and research priorities of the
program shall--
(A) be refined through stakeholder input in
the form of workshops, symposia, and panels;
and
(B) include an examination of--
(i) the roles of highway
infrastructure, drivers, and vehicles
in fatalities on public roads;
(ii) high-risk areas and activities
associated with the greatest numbers of
highway fatalities;
(iii) the roles of various levels
of government agencies and non-
governmental organizations in reducing
highway fatalities (including
recommendations for methods of
strengthening highway safety
partnerships);
(iv) measures that may save the
greatest number of lives in the short-
and long-term;
(v) renewal of aging infrastructure
with minimum impact on users of
facilities;
(vi) driving behavior and likely
crash causal factors to support
improved countermeasures;
(vii) reduction in congestion due
to nonrecurring congestion;
(viii) planning and designing of
new road capacity to meet mobility,
economic, environmental, and community
needs;
(3) the program shall consider, at a minimum, the
results of studies relating to the implementation of
the Strategic Highway Safety Plan prepared by the
American Association of State Highway and
Transportation Officials; and
(4) the research results of the program, expressed
in terms of technologies, methodologies, and other
appropriate categorizations, shall be disseminated to
practicing engineers as soon as practicable for their
use.
(c) Program Administration.--In carrying out the program
under this section, the National Research Council shall ensure,
to the maximum extent practicable, that--
(1) the best projects and researchers are selected
to conduct research for the program and priorities
described in subsection (b)--
(A) on the basis of the merit of each
submitted proposal; and
(B) through the use of open solicitations
and selection by a panel of appropriate
experts;
(2) the National Research Council acquires a
qualified, permanent core staff with the ability and
expertise to manage a large research program and
multiyear budget;
(3) the stakeholders are involved in the governance
of the program, at the executive, overall program, and
technical levels, through the use of expert panels and
committees; and
(4) there is no duplication of research effort
between the program established under this section and
the surface transportation-environment cooperative
research program established under section 507 or any
other research effort of the Department.
(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 research, technology, and technology transfer
described in subsections (b) and (c) as the Secretary
determines to be appropriate.
(e) Report on Implementation of Results.--
(1) In general.--Not later than October 1, 2007,
the Secretary shall enter into a contract with the
Transportation Research Board of the National Academy
of Sciences under which the Transportation Research
Board shall complete a report on the strategies and
administrative structure to be used for implementation
of the results of new strategic highway research
program.
(2) Components.--The report under paragraph (1)
shall include, with respect to the new strategic
highway research 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 that would be
incurred in expediting implementation of those
results; and
(D) recommendations for the way in which
implementation of the results of the program
under this section should be conducted,
coordinated, and supported in future years,
including a discussion of the administrative
structure and organization best suited to carry
out those responsibilities.
(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide
variety of stakeholders, including--
(A) the American Association of State
highway Officials;
(B) the Federal Highway Administration; and
(C) the Surface Transportation Research
Technology Advisory Committee.
(4) Submission.--Not later than February 1, 2009,
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 the report under this
subsection.
Sec. 510. University transportation centers
(a) Centers.--
(1) In general.--During fiscal year 2004, the
Secretary shall provide grants to 40 nonprofit
institutions of higher learning (or consortia of
institutions of higher learning) to establish centers
to address transportation design, management, research,
development, and technology matters, especially the
education and training of greater numbers of
individuals to enter into the professional field of
transportation.
(2) Distribution of centers.--Not more than 1
university transportation center (or lead university in
a consortia of institutions of higher learning), other
than a center or university selected through a
competitive process, may be located in any State.
(3) Identification of centers.--The university
transportation centers established under this section
shall--
(A) comply with applicable requirements
under subsection (c); and
(B) be located at the institutions of
higher learning specified in paragraph (4).
(4) Identification of groups.--For the purpose of
making grants under this subsection, the following
grants are identified:
(A) Group a.--Group A shall consist of the
10 regional centers selected under subsection
(b).
(B) Group b.--Group B shall consist of the
following:
(i) [_________].
(ii) [_________].
(iii) [_________].
(iv) [_________].
(v) [_________].
(vi) [_________].
(vii) [_________].
(viii) [_________]
(ix) [_________].
(x) [_________].
(xi) [_________].
(C) Group c.--Group C shall consist of the
following:
(i) [_________].
(ii) [_________].
(iii) [_________].
(iv) [_________].
(v) [_________].
(vi) [_________].
(vii) [_________].
(viii) [_________].
(ix) [_________].
(x) [_________].
(xi) [_________].
(D) Group d.--Group D shall consist of the
following:
(i) [_________].
(ii) [_________].
(iii) [_________].
(iv) [_________].
(v) [_________].
(vi) [_________].
(vii) [_________].
(viii) [_________].
(b) Regional Centers.--
(1) In general.--Not later than September 30, 2004,
the Secretary shall provide to nonprofit institutions
of higher learning (or consortia of institutions of
higher learning) grants to be used during the period of
fiscal years 2005 through 2009 to establish and operate
1 university transportation center in each of the 10
Federal regions that comprise the Standard Federal
Regional Boundary System.
(2) Selection of regional centers.--
(A) Proposals.--In order to be eligible to
receive a grant under this subsection, an
institution described in paragraph (1) shall
submit to the Secretary a proposal, in response
to any request for proposals that shall be made
by the Secretary, that is in such form and
contains such information as the Secretary
shall prescribe.
(B) Request schedule.--The Secretary shall
request proposals once for the period of fiscal
years 2004 through 2006 and once for the period
of fiscal years 2007 through 2009.
(C) Eligibility.--Any institution of higher
learning (or consortium of institutions of
higher learning) that meets the criteria
described in subsection (c) (including any
institution identified in subsection (a)(4))
may apply for a grant under this subsection.
(D) Selection criteria.--The Secretary
shall select each recipient of a grant under
this subsection through a competitive process
on the basis of--
(i) the location of the center
within the Federal region to be served;
(ii) the demonstrated research
capabilities and extension resources
available to the recipient to carry out
this section;
(iii) the capability of the
recipient to provide leadership in
making national and regional
contributions to the solution of
immediate and long-range transportation
problems;
(iv) the demonstrated ability of
the recipient to disseminate results of
transportation research and education
programs through a statewide or
regionwide continuing education
program; and
(v) the strategic plan that the
recipient proposes to carry out using
funds from the grant.
(E) Selection process.--In selecting the
recipients of grants under this subsection, the
Secretary shall consult with, and consider the
advice of--
(i) the Research and Special
Programs Administration;
(ii) the Federal Highway
Administration; and
(iii) the Federal Transit
Administration.
(c) Center Requirements.--
(1) In general.--With respect to a university
transportation center established under subsection (a)
or (b), the institution or consortium that receives a
grant to establish the center--
(A) shall annually contribute at least
$250,000 to the operation and maintenance of
the center, except that payment by the
institution or consortium of the salary
required for transportation-related faculty and
staff for a period greater than 90 days may not
be counted against that contribution;
(B) shall have established, as of the date
of receipt of the grant, undergraduate or
graduate programs in--
(i) civil engineering;
(ii) transportation engineering;
(iii) transportation systems
management and operations; or
(iv) any other field significantly
related to surface transportation
systems, as determined by the
Secretary; and
(C) not later than 120 days after the date
on which the institution or consortium receives
notice of selection as a site for the
establishment of a university transportation
center under this section, shall submit to the
Secretary a 6-year program plan for the
university transportation center that includes,
with respect to the center--
(i) a description of the purposes
of programs to be conducted by the
center;
(ii) a description of the
undergraduate and graduate
transportation education efforts to be
carried out by the center;
(iii) a description of the nature
and scope of research to be conducted
by the center;
(iv) a list of personnel, including
the roles and responsibilities of those
personnel within the center; and
(v) a detailed budget, including
the amount of contributions by the
institution or consortium to the
center; and
(D) shall establish an advisory committee
that--
(i) is composed of a representative
from each of the State transportation
department of the State in which the
institution or consortium is located,
the Department of Transportation, and
the institution or consortia, as
appointed by those respective entities;
(ii) in accordance with paragraph
(2), shall review and approve or
disapprove the plan of the institution
or consortium under subparagraph (C);
and
(iii) shall, to the maximum extent
practicable, ensure that the proposed
research to be carried out by the
university transportation center will
contribute to the national highway
research and technology agenda, as
periodically updated by the Secretary,
in consultation with stakeholders
representing the highway community.
(2) Peer review.--
(A) In general.--The Secretary shall
require peer review for each report on research
carried out using funds made available for this
section.
(B) Purposes of peer review.--Peer review
of a report under this section shall be carried
out to evaluate--
(i) the relevance of the research
described in the report with respect to
the strategic plan under, and the goals
of, this section;
(ii) the research covered by the
report, and to recommend modifications
to individual project plans;
(iii) the results of the research
before publication of those results;
and
(iv) the overall outcomes of the
research.
(C) Internet availability.--Each report
under this section that is received by the
Secretary shall be published--
(i) by the Secretary, on the
Internet website of the Department of
Transportation; and
(ii) by the University
Transportation Center.
(3) Approval of plans--A plan of an institution or
consortium described in paragraph (1)(C) shall not be
submitted to the Secretary until such time as the
advisory committee established under paragraph (1)(D)
reviews and approves the plan.
(4) Failure to comply.--If a recipient of a grant
under this subsection fails to submit a program plan
acceptable to the Secretary and in accordance with
paragraph (1)(C)--
(A) the recipient shall forfeit the grant
and the selection of the recipient as a site
for the establishment of a university
transportation center; and
(B) the Secretary shall select a
replacement recipient for the forfeited grant.
(5) Applicability.--This subsection does not apply
to any research funds received in accordance with a
competitive contract offered and entered into by the
Federal Highway Administration.
(d) Objectives.--Each university transportation center
established under subsection (a) or (b) shall carry out--
(1) undergraduate or graduate education programs
that include--
(A) multidisciplinary coursework; and
(B) opportunities for students to
participate in research;
(2) basic and applied research, the results and
products of which shall be judged by peers or other
experts in the field so as to advance the body of
knowledge in transportation; and
(3) an ongoing program of technology transfer that
makes research results available to potential users in
such form as will enable the results to be implemented,
used, or otherwise applied.
(e) Maintenance of Effort.--To be eligible to receive a
grant under this section, an applicant shall--
(1) enter into an agreement with the Secretary to
ensure that the applicant will maintain total
expenditures from all other sources to establish and
operate a university transportation center and related
educational and research activities at a level that is
at least equal to the average level of those
expenditures during the 2 fiscal years before the date
on which the grant is provided;
(2) provide the annual institutional contribution
required under subsection (c)(1); and
(3) submit to the Secretary, in a timely manner,
for use by the Secretary in the preparation of the
annual research report under section 508(c)(5) of title
23, an annual report on the projects and activities of
the university transportation center for which funds
are made available under section 2001 of the Safe,
Accountable, Flexible, and Efficient Transportation
Equity Act of 2003 that contains, at a minimum, for the
fiscal year covered by the report, a description of--
(A) the goals of the center;
(B) the educational activities carried out
by the center (including a detailed summary of
the budget for those educational activities);
(C) teaching activities of faculty at the
center;
(D) each research project carried out by
the center, including--
(i) the identity and location of
each investigator working on a research
project;
(ii) the overall funding amount for
each research project (including the
amounts expended for the project as of
the date of the report);
(iii) the current schedule for each
research project; and
(iv) the results of each research
project through the date of submission
of the report, with particular emphasis
on results for the fiscal year covered
by the report; and
(E) overall technology transfer and
implementation efforts of the center.
(f) Program Coordination.--The Secretary shall--
(1) coordinate the research, education, training,
and technology transfer activities carried out by
recipients of grants under this section; and
(2) establish and operate a clearinghouse for, and
disseminate, the results of those activities.
(g) Funding.--
(1) Number and amount of grants.--The Secretary
shall make the following grants under this subsection:
(A) Group a.--For each of fiscal years 2004
through 2009, the Secretary shall make a grant
in the amount of $20,000,000 to each of the
institutions in group A (as described in
subsection (a)(4)(A)).
(B) Group b.--The Secretary shall make a
grant to each of the institutions in group B
(as described in subsection (a)(4)(B)) in the
amount of--
(i) $4,000,000 for each of fiscal
years 2004 and 2005; and
(ii) $6,000,000 for each of fiscal
years 2006 and 2007.
(C) Group c.--For each of fiscal years 2004
through 2007, the Secretary shall make a grant
in the amount of $10,000,000 to each of the
institutions in group C (as described in
subsection (a)(4)(C)).
(D) Group d.--For each of fiscal years 2004
through 2009, the Secretary shall make a grant
in the amount of $25,000,000 to each of the
institutions in group D (as described in
subsection (a)(4)(D)).
(E) Limited grants for groups b and c.--For
each of fiscal years 2008 and 2009, of the
institutions classified in groups B and C (as
described in subsection (a)(4)(B)), the
Secretary shall select and make a grant in the
amount of $10,000,000 to each of not more than
15 institutions.
(2) Use of funds--
(A) In general.--Of the funds made
available for a fiscal year to a university
transportation center established under
subsection (a) or (b)--
(i) not less than $250,000 shall be
used to establish and maintain new
faculty positions for the teaching of
undergraduate, transportation-related
courses;
(ii) not more than $500,000 for the
fiscal year, or $1,000,000 in the
aggregate, may be used to construct or
improve transportation-related
laboratory facilities; and
(iii) not more than $300,000 for
the fiscal year may be used for student
internships of not more than 180 days
in duration to enable students to gain
experience by working on transportation
projects as interns with design or
construction firms.
(B) Facilities and administration fee.--Not
more than 10 percent of any grant made
available to a university transportation center
(or any institution or consortium that
establishes such a center) for a fiscal year
may be used to pay to the appropriate nonprofit
institution of higher learning any
administration and facilities fee (or any
similar overhead fee) for the fiscal year.
(3) Limitation on availability of funds.--Funds
made available under this subsection shall remain
available for obligation for a period of 2 years after
September 30 of the fiscal year for which the funds are
authorized.
Sec. 511. Multistate corridor operations and management
(a) In General.--The Secretary shall encourage multistate
cooperative agreements, coalitions, or other arrangements to
promote regional cooperation, planning, and shared project
implementation for programs and projects to improve
transportation system management and operations.
(b) Interstate Route I-95 Corridor Coalition Transportation
Systems Management and Operations.--
(1) In general.--The Secretary shall make grants
under this subsection to States to continue intelligent
transportation system management and operations in the
Interstate Route I-95 corridor coalition region
initiated under the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).
(2) Funding.--Of the amounts made available under
section 2001(a)(4) of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2003, the
Secretary shall use to carry out this subsection--
(A) $8,000,000 for fiscal year 2004;
(B) $10,000,000 for fiscal year 2005;
(C) $12,000,000 for fiscal year 2006;
(D) $12,000,000 for fiscal year 2007;
(E) $12,000,000 for fiscal year 2008; and
(F) $12,000,000 for fiscal year 2009.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART A--GENERAL
Chapter Sec.
MOTOR VEHICLE SAFETY.........................................30101
NATIONAL DRIVER REGISTER.....................................30301
NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM..............30501
PART B--COMMERCIAL
COMMERCIAL MOTOR VEHICLE SAFETY..............................31101
COMMERCIAL MOTOR VEHICLE OPERATORS...........................31301
MOTOR CARRIER SAFETY.........................................31501
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL
FUEL TAX AGREEMENT.........................................31701
PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
GENERAL......................................................32101
CONSUMER INFORMATION.........................................32301
BUMPER STANDARDS.............................................32501
ODOMETERS....................................................32701
AUTOMOBILE FUEL ECONOMY......................................32901
THEFT PREVENTION.............................................33101
PART A--GENERAL
CHAPTER 301--MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL
Sec.
30101. Purpose and policy.
30102. Definitions.
30103. Relationship to other laws.
30104. Authorization of appropriations.
30105. Restriction on lobbying activities.
SUBCHAPTER II--STANDARDS AND COMPLIANCE
30111. Standards.
30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment.
30113. General exemptions.
30114. Special exemptions.
30115. Certification of compliance.
30116. Defects and noncompliance found before sale to purchaser.
30117. Providing information to, and maintaining records on,
purchasers.
30118. Notification of defects and noncompliance.
30119. Notification procedures.
30120. Remedies for defects and noncompliance.
30121. Provisional notification and civil actions to enforce.
30122. Making safety devices and elements inoperative.
30123. Tires.
30124. Buzzers indicating nonuse of safety belts.
30125. Schoolbuses and schoolbus equipment.
30126. Used motor vehicles.
30127. Automatic occupant crash protection and seat belt use.
SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
30141. Importing motor vehicles capable of complying with standards.
30142. Importing motor vehicles for personal use.
30143. Motor vehicles imported by individuals employed outside the
United States.
30144. Importing motor vehicles on a temporary basis.
30145. Importing motor vehicles or equipment requiring further
manufacturing.
30146. Release of motor vehicles and bonds.
30147. Responsibility for defects and noncompliance.
SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
30161. Judicial review of standards.
30162. Petitions by interested persons for standards and enforcement.
30163. Actions by the Attorney General.
30164. Service of process.
30165. Civil penalty.
30166. Inspections, investigations, and records.
30167. Disclosure of information by the Secretary of Transportation.
30168. Research, testing, development, and training.
30169. Annual reports.
30170. Criminal penalties.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
Sec.
301. Leadership, consultation, and cooperation.
302. Policy standards for transportation.
303. Policy on lands, wildlife and waterfowl refuges, and historic
sites.
303a. Development of water transportation.
304. Joint activities with the Secretary of Housing and Urban
Development.
305. Transportation investment standards and criteria.
306. Prohibited discrimination.
[307. Safety information and intervention in Interstate Commerce
Commission proceedings.]
307. Contractor suspension and debarment policy; sharing fraud monetary
recoveries.
308. Reports.
309. High-speed ground transportation.
SUBCHAPTER II--ADMINISTRATIVE
321. Definitions.
322. General powers.
323. Personnel.
324. Members of the armed forces.
325. Advisory committees.
326. Gifts.
327. Administrative working capital fund.
328. Transportation Systems Center working capital fund.
329. Transportation information.
330. Research contracts.
331. Service, supplies, and facilities at remote places.
332. Minority Resource Center.
333. Responsibility for rail transportation unification and coordination
projects.
334. [Repealed]
335. [Repealed]
336. Civil penalty procedures.
337. Budget request for the Director of Intelligence and Security.
SUBCHAPTER III--MISCELLANEOUS
351. Judicial review of actions in carrying out certain transferred
duties and powers.
352. Authority to carry out certain transferred duties and powers.
353. Toxicological testing of officers and employees.
* * * * * * *
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following
definitions apply:
* * * * * * *
(e) Qualifying Highways.--[The]
(1) In general.--The Secretary by regulation shall
designate as qualifying Federal-aid Primary System
highways those highways of the Federal-aid Primary
System in existence on June 1, 1991, that can
accommodate safely the applicable vehicle lengths
provided in this section.
(2) Length limitations.--In the interests of
economic competitiveness, security, and intermodal
connectivity, not later than 3 years after the date of
enactment of this paragraph, States shall update the
list of Federal-aid system highways to include--
(A) strategic highway network connectors to
strategic military deployment ports; and
(B) National Highway System intermodal
freight connections serving military and
commercial truck traffic going to major
intermodal terminals as described in section
103(b)(7)(A)(i).
* * * * * * *
[Section 31708--repealed by P.L. 105-178]
Sec. 31708. Facilitation of international registration plans and
international fuel tax agreements
The Secretary may provide assistance to any State that is
participating in the International Registration Plan and
International Fuel Tax Agreement, as provided in sections 31704
and 31705, respectively, and that serves as a base jurisdiction
for motor carriers that are domiciled in Mexico, to assist the
State with administrative costs resulting from serving as a
base jurisdiction for motor carriers from Mexico.
* * * * * * *
SUBCHAPTER III_INTERMODAL PASSENGER FACILITIES
Sec.
5571. Policy and Purposes.
5572. Definitions.
5573. Assurance of access to
intermodal facilities.
5574. Intercity bus intermodal
facility grants.
5575. Funding.
* * * * * * *
SUBCHAPTER III_INTERMODAL PASSENGER FACILITIES
Sec. 5571. Policy and purposes
(a) Development and Enhancement of Intermodal Passenger
Facilities.--It is in the economic interest of the United
States to improve the efficiency of public surface
transportation modes by ensuring their connection with and
access to intermodal passenger terminals, thereby streamlining
the transfer of passengers among modes, enhancing travel
options, and increasing passenger transportation operating
efficiencies.
(b) General Purposes.--The purposes of this subchapter are
to accelerate intermodal integration among North America's
passenger transportation modes through--
(1) ensuring intercity public transportation access
to intermodal passenger facilities;
(2) encouraging the development of an integrated
system of public transportation information; and
(3) providing intercity bus intermodal passenger
facility grants.
Sec. 5572. Definitions
In this subchapter--
(1) `capital project' means a project for--
(A) acquiring, constructing, improving, or
renovating an intermodal facility that is
related physically and functionally to
intercity bus service and establishes or
enhances coordination between intercity bus
service and transportation, including aviation,
commuter rail, intercity rail, public
transportation, seaports, and the National
Highway System, such as physical infrastructure
associated with private bus operations at
existing and new intermodal facilities,
including special lanes, curb cuts, ticket
kiosks and counters, baggage and package
express storage, employee parking, office
space, security, and signage; and
(B) establishing or enhancing coordination
between intercity bus service and
transportation, including aviation, commuter
rail, intercity rail, public transportation,
and the National Highway System through an
integrated system of public transportation
information.
(2) `commuter service' means service designed
primarily to provide daily work trips within the local
commuting area.
(3) `intercity bus service' means regularly
scheduled bus service for the general public which
operates with limited stops over fixed routes
connecting two or more urban areas not in close
proximity, which has the capacity for transporting
baggage carried by passengers, and which makes
meaningful connections with scheduled intercity bus
service to more distant points, if such service is
available and may include package express service, if
incidental to passenger transportation, but does not
include air, commuter, water or rail service.
(4) `intermodal passenger facility' means passenger
terminal that does, or can be modified to, accommodate
several modes of transportation and related facilities,
including some or all of the following: intercity rail,
intercity bus, commuter rail, intracity rail transit
and bus transportation, airport limousine service and
airline ticket offices, rent-a-car facilities, taxis,
private parking, and other transportation services.
(5) `local governmental authority' includes--
(A) a political subdivision of a State;
(B) an authority of at least one State or
political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or
commission established under the laws of the
State.
(6) `owner or operator of a public transportation
facility' means an owner or operator of intercity-rail,
intercity-bus, commuter-rail, commuter-bus, rail-
transit, bus-transit, or ferry services.
(7) `recipient' means a State or local governmental
authority or a nonprofit organization that receives a
grant to carry out this section directly from the
Federal government.
(8) `Secretary' means the Secretary of
Transportation.
(9) `State' means a State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
(10) `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
public transportation system to serve individuals in
the locality.
Sec. 5573. Assurance of access to intermodal passenger facilities
Intercity buses and other modes of transportation shall, to
the maximum extent practicable, have access to publicly funded
intermodal passenger facilities, including those passenger
facilities seeking funding under section 5574.
Sec. 5574. Intercity bus intermodal passenger facility grants
(a) General Authority.--The Secretary of Transportation may
make grants under this section to recipients in financing a
capital project, as defined in section 5572 of this chapter,
only if the Secretary finds that the proposed project is
justified and has adequate financial commitment.
(b) 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.
(c) Share of Net Project Costs.--A grant shall not exceed
50 percent of the net project cost, as determined by the
Secretary.
(d) Regulations.--The Secretary may promulgate such
regulations as are necessary to carry out this section.
Sec. 5575. Funding
(a) Highway Account.--
(1) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter $10,000,000 for
each of fiscal years 2005 through 2009.
(2) The funding made available under paragraph (1)
of this subsection 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
obligation limitation imposed on funds for Federal-aid
highways and highway safety construction programs.
(b) Period of Availability.--Amounts made available by
subsection (a) of this section shall remain available until
expended.
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
[Public Law 102-240; December 18, 1991]
AN ACT To develop a national intermodal surface transportation system,
to authorize funds for construction of highways, for highway safety
programs, and for mass transit programs, and for other purposes.
* * * * * * *
Sec. 1. Short title.
* * * * * * *
[Sec. 1064. Construction of ferry boats and ferry terminal facilities.]
Sec. 1064. [Repealed.]
* * * * * * *
SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.
(a) * * *
* * * * * * *
[(h) 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, 2003, to any
vehicle which is regularly and exclusively used as an
intrastate public agency transit passenger bus.
[(2) Study.--The Secretary shall conduct a study on
the maximum axle weight limitations on the Dwight D.
Eisenhower System of Interstate and Defense Highways
established under section 127 of title 23, United
States Code, or under State laws, as they apply to
public transit vehicles. The study shall determine
whether or not public transit vehicles should be
exempted from the requirements of section 127 or State
laws or if such laws should be modified with regard to
public transit vehicles. In making such determination,
the Secretary shall consider current transit vehicle
design standards, the implications of the Americans
with Disabilities Act and Clean Air Act requirements on
such design standards, and the potential impact of
revised design standards on transit ridership capacity,
operating and replacement costs, air quality concerns,
and highway wear and tear.
[(3) Report.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to the Congress a report on the result of the
study conducted under paragraph (2), together with
recommendations.]
(h) Over-the-Road Bus and Public Transit Vehicle
Exemption.--
(1) In general.--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 to--
(A) any over-the-road bus (as defined in
section 301 of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12181)); or
(B) any vehicle that is regularly and
exclusively used as an intrastate public agency
transit passenger bus.
(2) State action.--No State or political
subdivision of a State, or any political authority of 2
or more States, shall impose any axle weight limitation
on any vehicle described in paragraph (1) in any case
in which such a vehicle is using the Dwight D.
Eisenhower System of Interstate and Defense Highways.
* * * * * * *
[SEC. 1064. 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) of title 23, United States
Code.
[(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) Funding.--There shall be available, out of the Highway
Trust Fund (other than the Mass Transit Account), to the
Secretary for obligation at the discretion of the Secretary
$14,000,000 for fiscal year 1992, $17,000,000 per fiscal year
for each of fiscal years 1993, 1994, 1995, and 1996, and
$18,000,000 for fiscal year 1997 in carrying out this section.
Sums 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 1999 through 2003 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 of Title 23.--All provisions of chapter
1 of title 23, United States Code, 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.
[(f) Treatment of Certain Roads.--For purposes of this
section, North Carolina State Routes 12, 45, 306, 615, and 168
and United States Route 421 in the State of North Carolina
shall be treated as principal arterials. For further purposes
of this section, the access road from Interstate Business Route
75 to the Sugar Island Ferry Service in Chippewa County,
Michigan, and the access road from United States Route 31 to
the Beaver Island Ferry Service in Charlevoix County, Michigan,
shall be treated as principal arterials.]
* * * * * * *
* * * * * * *
[(b) Value 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.
[(2) Notwithstanding section 129 of title 23, United States
Code, the Federal share payable for such programs 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 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 generated by any pilot project under this
subsection must be applied to projects eligible under such
title.
[(4) 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 under this subsection.
[(5) The Secretary shall monitor the effect of such
programs 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
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 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.
[(8) Funding.--
[(A) Availability.--Funds allocated by the
Secretary to a State under this subsection
shall remain available for obligation by the
State for a period of 3 years after the last
day of the fiscal year for which the funds are
authorized.
[(B) Use of unallocated funds.--If the
total amount of funds made available from the
Highway Trust Fund to carry out this subsection
for fiscal year 1998 and fiscal years
thereafter but not allocated exceeds $8,000,000
as of September 30 of any year, the excess
amount--
[(i) shall be apportioned in the
following fiscal year by the Secretary
to all States in accordance with
section 104(b)(3) of title 23, United
States Code;
[(ii) shall be considered to be a
sum made available for expenditure on
the surface transportation program,
except that the amount shall not be
subject to section 133(d) of such
title; and
[(iii) shall be available for any
purpose eligible for funding under
section 133 of such title.
[(C) Contract authority.--Funds authorized
to carry out 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 the Federal
share of the cost of any project under this
subsection and the availability of funds
authorized to carry out this subsection shall
be determined in accordance with this
subsection.]
* * * * * * *
----------
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
[Public Law 104-59; Approved November 28, 1995]
* * * * * * *
AN ACT To amend title 23, United States Code, to provide for the
designation of the National Highway System, and for other purposes.
* * * * * * *
SEC. 358. SAFETY RESEARCH INITIATIVES.
(a) Older Drivers and Other Special Driver Groups.--
(1) * * *
* * * * * * *
(7) Recommending all federally-assisted projects in
excess of $15,000,000 to enter into contracts only with
work zone safety services contractors, traffic control
contractors, and trench safety and shoring contractors
that carry general liability insurance in an amount not
less than $15,000,000.
(8) Recommending federally-assisted projects the
costs of which exceed $15,000,000 to include work zone
intelligent transportation systems that are--
(A) provided by a qualified vendor; and
(B) monitored continuously.
(9) Recommending federally-assisted projects to
fully fund not less than 5 percent of project costs for
work zone safety and temporary traffic control
measures, in addition to the cost of the project, which
measures shall be provided by a qualified work zone
safety or traffic control provider.
----------
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
[Public Law 105-178]
* * * * * * *
AN ACT To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
* * * * * * *
SEC. 1309. ENVIRONMENTAL STREAMLINING.
[(a) Coordinated Environmental Review Process.--
[(1) Development and implementation.--The Secretary
shall develop and implement a coordinated environmental
review process for highway construction and mass
transit projects that require--
[(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental
assessment under such Act; or
[(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an
environmental permit, license, or approval by
operation of Federal law.
[(2) Memorandum of understanding.--
[(A) In general.--The coordinated
environmental review process for each project
shall ensure that, whenever practicable (as
specified in this section), all environmental
reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or
made by any Federal agency for the project
concerned shall be conducted concurrently and
completed within a cooperatively determined
time period. Such process for a project or
class of project may be incorporated into a
memorandum of understanding between the
Department of Transportation and Federal
agencies (and, where appropriate, State
agencies).
[(B) Establishment of time periods.--In
establishing the time period referred to in
subparagraph (A), and any time periods for
review within such period, the Department and
all such agencies shall take into account their
respective resources and statutory commitments.
[(b) Elements of Coordinated Environmental Review
Process.--For each project, the coordinated environmental
review process established under this section shall provide, at
a minimum, for the following elements:
[(1) Federal agency identification.--The Secretary
shall, at the earliest possible time, identify all
potential Federal agencies that--
[(A) have jurisdiction by law over
environmental-related issues that may be
affected by the project and the analysis of
which would be part of any environmental
document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
[(B) may be required by Federal law to
independently--
[(i) conduct an environmental-
related review or analysis; or
[(ii) determine whether to issue a
permit, license, or approval or render
an opinion on the environmental impact
of the project.
[(2) Time limitations and concurrent review.--The
Secretary and the head of each Federal agency
identified under paragraph (1)--
[(A)(i) shall jointly develop and establish
time periods for review for--
[(I) all Federal agency comments
with respect to any environmental
review documents required by the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
project; and
[(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits,
licenses, and approvals that must be
issued or made for the project;
[whereby each such Federal agency's review
shall be undertaken and completed within such
established time periods for review; or
[(ii) may enter into an agreement to
establish such time periods for review with
respect to a class of project; and
[(B) shall ensure, in establishing such
time periods for review, that the conduct of
any such analysis, review, opinion, and
decision is undertaken concurrently with all
other environmental reviews for the project,
including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); except that such review may not
be concurrent if the affected Federal agency
can demonstrate that such concurrent review
would result in a significant adverse impact to
the environment or substantively alter the
operation of Federal law or would not be
possible without information developed as part
of the environmental review process.
[(3) Factors to be considered.--Time periods for
review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections 1501.8
and 1506.10 of title 40, Code of Federal Regulations.
[(4) Extensions.--The Secretary shall extend any
time periods for review under this section if, upon
good cause shown, the Secretary and any Federal agency
concerned determine that additional time for analysis
and review is needed as a result of new information
that has been discovered that could not reasonably have
been anticipated when the Federal agency's time periods
for review were established. Any memorandum of
understanding shall be modified to incorporate any
mutually agreed-upon extensions.
[(c) Dispute Resolution.--When the Secretary determines
that a Federal agency which is subject to a time period for its
environmental review or analysis under this section has failed
to complete such review, analysis, opinion, or decision on
issuing any permit, license, or approval within the established
time period or within any agreed-upon extension to such time
period, the Secretary may, after notice and consultation with
such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with
this section, that an environmental issue related to the
project that an affected Federal agency has jurisdiction over
by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the
matter not later than 30 days after the date of the finding by
the Secretary.
[(d) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, or chapter 53 of title 49, United States Code, a
State, by operation of State law, may require 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's participation would not be in the public
interest. For a State to require State agencies to participate
in the review process, all affected agencies of the State shall
be subject to the review process.
[(e) Assistance to Affected Federal Agencies.--
[(1) In general.--The Secretary may approve a
request by a State or recipient to provide funds for a
highway project made available under chapter 1 of title
23, United States Code, or for a mass transit project
made available under chapter 53 of title 49, United
States Code, to the State for the project subject to
the coordinated environmental review process
established under this section to affected Federal
agencies to provide the resources necessary to meet any
time limits established under this section.
[(2) Amounts.--Such requests under paragraph (1)
shall be approved only--
[(A) for the additional amounts that the
Secretary determines are necessary for the
affected Federal agencies to meet the time
limits for environmental review; and
[(B) if such time limits are less than the
customary time necessary for such review.]
[(g)] (a) [Federal Agency Defined] Definition of Federal
Agency.--In this section, the term ``Federal agency'' means any
Federal agency or any State agency carrying out affected
responsibilities required by operation of Federal law.
[(f)] (b) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall
affect the reviewability of any final Federal agency
action in a district court of the United States or in
the court of any State.
(2) Savings clause.--Nothing in this section shall
affect the applicability of 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.
* * * * * * *
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Definitions.-- * * *
* * * * * * *
(b) Cooperative agreements.--
(1) In general.--
(A) Purpose of agreements.--Subject to this
section, the Secretary may enter into cooperative
agreements with the States of California, Florida,
[Missouri, and Rhode Island for the establishment]
Missouri, Rhode Island, Texas, and any other State that
seeks such an agreement for the establishment of State
infrastructure banks and multistate infrastructure
banks for making loans and providing other assistance
to public and private entities carrying out or
proposing to carry out projects eligible for assistance
under this section.
* * * * * * *
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) * * *
* * * * * * *
[(b)](d) Interstate System Reconstruction and
Rehabilitation Pilot Program.--\1\
---------------------------------------------------------------------------
\1\Entire subparagraph moved to section 129(d) of title 23, United
States Code.
---------------------------------------------------------------------------
(1) Establishment.--[The Secretary] Notwithstanding
section 301, 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.]
(C) An analysis demonstrating that
financing the reconstruction or rehabilitation
of the facility with the collection of tolls
under this pilot program is the most efficient,
economical, or expeditious way to advance the
project.
(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;]
(A) the State's analysis showing that
financing the reconstruction or rehabilitation
of a facility with the collection of tolls
under the pilot program is the most efficient,
economical, or expeditious way to advance the
project;
[(B) the facility has a sufficient
intensity of use, age, or condition to warrant
the collection of tolls;]
(B) the facility needs reconstruction or
rehabilitation, including major work that may
require replacing sections of the existing
facility on new alignment;
[(C) the State plan for implementing tolls
on the facility takes into account the
interests of local, regional, and interstate
travelers;]
[(D)] (C) the State plan for reconstruction
or rehabilitation of the facility using toll
revenues is reasonable; and
[(E)] (D) 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. 6102. PARTICULATE MATTER MONITORING PROGRAM.
(a) * * *
* * * * * * *
[(e) The Administrator shall conduct a field study of the
ability of the PM2.5 Federal Reference Method to
differentiate those particles that are larger than 2.5
micrograms in diameter. This study shall be completed and
provided to the Committee on Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the United States Senate no later than 2 years from
the date of enactment of this Act.]
(e) Field study.--Not later than 2 years after the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Administrator shall--
(1) conduct a field study of the ability of the
PM2.5 Federal Reference Method to
differentiate those particles that are larger than 2.5
micrometers in diameter;
(2) develop a Federal reference method to measure
directly particles that are larger than 2.5 micrometers
in diameter without reliance on subtracting from coarse
particle measurements those particles that are equal to
or smaller than 2.5 micrometers in diameter;
(3) develop a method of measuring the composition
of coarse particles; and
(4) submit a report on the study and
responsibilities of the Administrator under paragraphs
(1) through (3) to--
(A) the Committee on Commerce of the House
of Representatives; and
(B) the Committee on Environment and Public
Works of the Senate.
* * * * * * *
----------
THE CLEAN AIR ACT
TITLE I--AIR POLLUTION PREVENTION AND CONTROL
* * * * * * *
Part D--Plan Requirements for Nonattainment Areas
* * * * * * *
Sec. 101. (a) The Congress finds-- * * *
* * * * * * *
limitations on certain federal assistance
Sec. 176. [Subsections (a) and (b), repealed by Public
Law 101-549, sec. 110(4), 104 Stat. 2470.]
(c)(1) No department, agency, or instrumentality of the
Federal Government shall engage in, support in any way or
provide financial assistance for, license or permit, or
approve, any activity which does not conform to an
implementation plan after it has been approved or promulgated
under section 110. No metropolitan planning organization
designated under section 134 of title 23, United States Code,
shall give its approval to any project, program, or plan which
does not conform to an implementation plan approved or
promulgated under section 110. The assurance of conformity to
such an implementation plan shall be an affirmative
responsibility of the head of such department, agency, or
instrumentality. Conformity to an implementation plan means--
(A) conformity to an implementation plan's purpose
of eliminating or reducing the severity and number of
violations of the national ambient air quality
standards and achieving expeditious attainment of such
standards; and
(B) that such activities will not--
(i) cause or contribute to any new
violation of any standard in any area;
(ii) increase the frequency or severity of
any existing violation of any standard in any
area; or
(iii) delay timely attainment of any
standard or any required interim emission
reductions or other milestones in any area.
The determination of conformity shall be based on the most
recent estimates of emissions, and such estimates shall be
determined from the most recent population, employment, travel
and congestion estimates as determined by the metropolitan
planning organization or other agency authorized to make such
estimates.
(2) [Any transportation plan]
(2) Transportation plans and programs.--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) no transportation plan or transportation
improvement program may be adopted by a metropolitan
planning organization designated under title 23, United
States Code, or the Urban Mass Transportation Act, or
be found to be in conformity by a metropolitan planning
organization until a final determination has been made
that emissions expected from implementation of such
plans and programs are consistent with estimates of
emissions from motor vehicles and necessary emissions
reductions contained in the applicable implementation
plan, and that the plan or program will conform to the
requirements of paragraph (1)(B);
(B) no metropolitan planning organization or other
recipient of funds under title 23, United States Code,
or the Urban Mass Transportation Act shall adopt or
approve a transportation improvement program of
projects until it determines that such program provides
for timely implementation of transportation control
measures consistent with schedules included in the
applicable implementation plan;
(C) a transportation project may be adopted or
approved by a metropolitan planning organization or any
recipient of funds designated under title 23, United
States Code, or the Urban Mass Transportation Act, or
found in conformity by a metropolitan planning
organization or approved, accepted, or funded by the
Department of Transportation only if it meets either
the requirements of subparagraph (D) or the following
requirements--
(i) such a project comes from a conforming
plan and program;
(ii) the design concept and scope of such
project have not changed significantly since
the conformity finding regarding the plan and
program from which the project derived; and
(iii) the design concept and scope of such
project at the time of the conformity
determination for the program was adequate to
determine emissions[.];
(D) [Any project] any transportation project not
referred to in subparagraph (C) shall be treated as
conforming to the applicable implementation plan only
if it is demonstrated that the projected emissions from
such project, when considered together with emissions
projected for the conforming transportation plans and
programs within the nonattainment area, do not cause
such plans and programs to exceed the emission
reduction projections and schedules assigned to such
plans and programs in the applicable implementation
plan[.];
(E) the appropriate metropolitan planning
organization shall redetermine conformity of
existing transportation plans and programs not
later than 2 years after the date on which the
Administrator--
(i) finds a motor vehicle emissions
budget 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);
(ii) approves an implementation
plan that establishes a motor vehicle
emissions budget, if that budget has
not yet been used in a conformity
determination prior to approval; or
(iii) promulgates an implementation
plan that establishes or revises a
motor vehicle emissions budget.
[(3) Until such time as the implementation plan revision
referred to in paragraph (4)(C) is approved, conformity of such
plans, programs, and projects will be demonstrated if--
[(A) the transportation plans and programs--
[(i) are consistent with the most recent
estimates of mobile source emissions;
[(ii) provide for the expeditious
implementation of transportation control
measures in the applicable implementation plan;
and
[(iii) with respect to ozone and carbon
monoxide nonattainment areas, contribute to
annual emissions reductions consistent with
sections 182(b)(1) and 187(a)(7); and
[(B) the transportation projects--
[(i) come from a conforming transportation
plan and program as defined in subparagraph (A)
or for 12 months after the date of the
enactment of the Clean Air Act Amendments of
1990, from a transportation program found to
conform within 3 years prior to such date of
enactment; and
[(ii) in carbon monoxide nonattainment
areas, eliminate or reduce the severity and
number of violations of the carbon monoxide
standards in the area substantially affected by
the transportation project.
[With regard to subparagraph (B)(ii), such
determination may be made as part of either the
conformity determination for the transportation program
or for the individual transportation project taken as a
whole during the environmental review phase of project
development.]
(3) Methods of conformity determination before
budget is available.--
(A) In general.--Until such time as a motor
vehicle emission budget from an implementation
plan submitted for a national ambient air
quality standard is determined 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 the submitted
implementation plan is approved, conformity of
such a plan, program, or project shall be
demonstrated, as selected through the
consultation process required under paragraph
(4)(B)(i), with--
(i) a motor vehicle emission budget
that has been found adequate in
accordance with section 93.118(e)(4) of
title 40, Code of Federal Regulations
(as in effect on October 1, 2003), or
that has been approved, from an
implementation plan for the most recent
prior applicable national ambient air
quality standard addressing the same
pollutant; or
(ii) other such tests as the
Administrator shall determine to ensure
that--
(I) the transportation plan
or program--
(aa) is consistent
with the most recent
estimates of mobile
source emissions;
(bb) provides for
the expeditious
implementation of
transportation control
measures in the
applicable
implementation plan;
and
(cc) with respect
to an ozone or carbon
monoxide nonattainment
area, contributes to
annual emissions
reductions consistent
with sections 182(b)(1)
and 187(a)(7); and
(II) the transportation
project--
(aa) comes from a
conforming
transportation plan and
program described in
this subparagraph; and
(bb) in a carbon
monoxide nonattainment
area, eliminates or
reduces the severity
and number of
violations of the
carbon monoxide
standards in the area
substantially affected
by the project.
(B) Determination for a transportation
project in a carbon monoxide nonattainment
area.--A determination under subparagraph
(A)(ii)(II)(bb) may be made as part of either
the conformity determination for the
transportation program or for the individual
project taken as a whole during the
environmental review phase of project
development.
[(4)(A) No later than one year after the date of enactment
of the Clean Air Act Amendments of 1990, the Administrator
shall promulgate]
(4) Criteria and procedures for determining
conformity.--
(A) In general.--The Administrator shall
promulgate, and periodically update, 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]
(B) Transportation plans, programs, and
projects.--The Administrator, with the
concurrence of the Secretary of Transportation,
shall promulgate, and periodically update,
criteria and procedures for demonstrating and
assuring conformity in the case of
transportation plans, programs, and projects.
[A suit]
(C) Civil action to compel promulgation.--A
civil action 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)] (D) The procedures and criteria shall, at a minimum--
(i) address the consultation procedures to be
undertaken by metropolitan planning organizations and
the Secretary of Transportation with State and local
air quality agencies and State departments of
transportation before such organizations and the
Secretary make conformity determinations;
(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] but the
frequency for making conformity determinations on
updated transportation plans and programs shall be
every 4 years, except in a case in which--
(I) the metropolitan
planning organization elects to
update a transportation plan or
program more frequently; or
(II) the metropolitan
planning organization is
required to determine
conformity in accordance with
paragraph (2)(E);
(iii) address how conformity determinations will be
made with respect to maintenance plans[.]; and
(iv) address the effects of the
most recent population, economic,
employment, travel, transit ridership,
congestion, and induced travel demand
information in the development and
application of the latest travel and
emissions models.
[(C) Such procedures shall also include a requirement that
each State shall submit to the Administrator and the Secretary
of Transportation within 24 months of such date of enactment, a
revision to its implementation plan that includes criteria and
procedures for assessing the conformity of any plan, program,
or project subject to the conformity requirements of this
subsection.]
(E) Inclusion of criteria and procedures in
sip.--Not later than 2 years after the date of
enactment of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of
2003, the procedures under subparagraph (A)
shall include a requirement that each State
include in the State implementation plan
criteria and procedures for consultation in
accordance with the Administrator's criteria
and procedures for consultation required by
subparagraph (D)(i).
(F) Inclusion of criteria and procedures in
sip.--Not later than 2 years after the date of
enactment of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of
2003, the procedures under subparagraph (A)
shall include a requirement that each State
include in the State implementation plan
criteria and procedures for consultation in
accordance with the Administrator's criteria
and procedures for consultation required by
subparagraph (D)(i).
[(D)] (F) Compliance with the rules of the Administrator
for determining the conformity of transportation plans,
programs, and projects funded or approved under title 23 of the
United States Code or the Federal Transit Act to State or
Federal implementation plans shall not be required for traffic
signal synchronization projects prior to the funding, approval
or implementation of such projects. The supporting regional
emissions analysis for any conformity determination made with
respect to a transportation plan, program, or project shall
consider the effect on emissions of any such project funded,
approved, or implemented prior to the conformity determination.
(5) Applicability.--This subsection shall apply
only with respect to--
(A) a nonattainment area and each pollutant
for which the area is designated as a
nonattainment area; and
(B) an area that was designated as a
nonattainment area but that was later
redesignated by the Administrator as an
attainment area and that is required to develop
a maintenance plan under section 175A with
respect to the specific pollutant for which the
area was designated nonattainment.
(6) Notwithstanding paragraph 5, this subsection
shall not apply with respect to an area designated
nonattainment under section 107(d)(1) until 1 year
after that area is first designated nonattainment for a
specific national ambient air quality standard. This
paragraph only applies with respect to the national
ambient air quality standard for which an area is newly
designated nonattainment and does not affect the area's
requirements with respect to all other national ambient
air quality standards for which the area is designated
nonattainment or has been redesignated from
nonattainment to attainment with a maintenance plan
pursuant to section 175(A) (including any pre-existing
national ambient air quality standard for a pollutant
for which a new or revised standard has been issued).
(7) Conformity horizon for transportation plans.--
(A) In general.--For the purposes of this
section, a transportation plan in a
nonattainment or maintenance area shall be
considered to be a transportation plan or a
portion of a transportation plan that extends
for the longest of the following periods:
(i) The first 10-year period of any
such transportation plan.
(ii) The latest year in the
implementation plan applicable to the
area that contains a motor vehicle
emission budget.
(iii) The year after the completion
date of a regionally significant
project, if the project requires
approval before the subsequent
conformity determination.
(B) Exception.--In a 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 on October 1,
2003), or has approved the revision, the
transportation plan shall be considered to be a
transportation plan or portion of a
transportation plan that extends through the
last year of the implementation plan required
under section 175A(b).
(8) Definitions.--In this subsection:
(A) Regionally significant project.--
(i) In general.--The term
``regionally significant project''
means a transportation project that is
on a facility that serves a regional
transportation need, including--
(I) access to and from the
area outside of the region;
(II) access to and from
major planned developments,
including new retail malls,
sports complexes, or
transportation terminals; and
(III) most transportation
terminals.
(ii) Principal arterials and fixed
guideways.--The term ``regionally
significant project'' includes, at a
minimum--
(I) all principal arterial
highways; and
(II) all fixed guideway
transit facilities that offer
an alternative to regional
highway travel.
(iii) Additional projects.--The
interagency consultation process and
procedures described in section
93.105(c) of title 40, Code of Federal
Regulations (as in effect on October 1,
2003), shall be used to make
determinations as to whether minor
arterial highways and other
transportation projects should be
considered ``regionally significant
projects''.
(iv) Exclusions.--The term
``regionally significant project'' does
not include any project of a type
listed in sections 93.126 or 127 of
title 40, Code of Federal Regulations
(as in effect on October 1, 2003).
(B) Significant revision.--The term
``significant revision'' means--
(i) with respect to a regionally
significant project, a significant
change in design concept or scope to
the project; and
(ii) with respect to any other kind
of project, a change that converts a
project that is not a regionally
significant project into a regionally
significant project.
(C) Transportation project.--The term
``transportation project'' includes only a
project that is--
(i) a regionally significant
project; or
(ii) a project that makes a
significant revision to an existing
project.
(9) Substitution for transportation control
measures.--
(A) In general.--Transportation control
measures that are specified in an
implementation plan may be replaced or added to
the implementation plan with alternate or
additional transportation control measures if--
(i) the substitute measures achieve
equivalent or greater emissions
reductions than the control measure to
be replaced, as demonstrated with an
analysis that is consistent with the
current methodology used for evaluating
the replaced control measure in the
implementation plan;
(ii) the substitute control
measures are implemented--
(I) in accordance with a
schedule that is consistent
with the schedule provided for
control measures in the
implementation plan; or
(II) if the implementation
plan date for implementation of
the control measure to be
replaced has passed, as soon as
practicable after the
implementation plan date but
not later than the date on
which emission reductions are
necessary to achieve the
purpose of the implementation
plan;
(iii) the substitute and additional
control measures are accompanied with
evidence of adequate personnel,
funding, and authority under State or
local law to implement, monitor, and
enforce the control measures;
(iv) the substitute and additional
control measures were developed through
a collaborative process that included--
(I) participation by
representatives of all affected
jurisdictions (including local
air pollution control agencies,
the State air pollution control
agency, and State and local
transportation agencies);
(II) consultation with the
Administrator; and
(III) reasonable public
notice and opportunity for
comment; and
(v) the metropolitan planning
organization, State air pollution
control agency, and the Administrator
concur with the equivalency of the
substitute or additional control
measures.
(B) Adoption.--After carrying out
subparagraph (A), a State shall adopt the
substitute or additional transportation control
measure in the applicable implementation plan.
(C) No requirement for express
permission.--The substitution or addition of a
transportation control measure in accordance
with this paragraph shall not be contingent on
there being any provision in the implementation
plan that expressly permits such a substitution
or addition.
(D) No requirement for new conformity
determination.--The substitution or addition 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
implementation plan.
(E) Continuation of control measure being
replaced.--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 approved.
(F) Effect of adoption.--Adoption of a
substitute control measure shall constitute
rescission of the previously applicable control
measure.
(d) Each department, agency, or instrumentality of the
Federal Government having authority to conduct or support any
program with air-quality related transportation consequences
shall give priority in the exercise of such authority,
consistent with statutory requirements for allocation among
States or other jurisdictions, to the implementation of those
portions of plans prepared under this section to achieve and
maintain the national primary ambient air quality standard.
This paragraph extends to, but is not limited to, authority
exercised under the Urban Mass Transportation Act, title 23 of
the United States Code, and the Housing and Urban Development
Act.
* * * * * * *
[air quality monitoring
[Sec. 319. Not later than one year after the date of
enactment of the Clean Air Act Amendments of 1977 and after
notice and opportunity for public heg],
SEC. 319. AIR QUALITY MONITORING.
(a) In general.--After notice and opportunity for public
hearing the Administrator shall promulgate regulations
establishing an air quality monitoring system throughout the
United States which--
(1) utilizes uniform air quality monitoring
criteria and methodology and measures such air quality
according to a uniform air quality index,
(2) provides for air quality monitoring stations in
major urban areas and other appropriate areas
throughout the United States to provide monitoring such
as will supplement (but not duplicate) air quality
monitoring carried out by the States required under any
applicable implementation plan,
(3) provides for daily analysis and reporting of
air quality based upon such uniform air quality index,
and
(4) provides for recordkeeping with respect to such
monitoring data and for periodic analysis and reporting
to the general public by the Administrator with respect
to air quality based upon such data.
The operation of such air quality monitoring system may be
carried out by the Administrator or by such other departments,
agencies, or entities of the Federal Government (including the
National Weather Service) as the President may deem
appropriate. Any air quality monitoring system required under
any applicable implementation plan under section 110 shall, as
soon as practicable following promulgation of regulations under
this section, utilize the standard criteria and methodology,
and measure air quality according to the standard index,
established under such regulations.
(b) Air Quality Monitoring Data Influenced by Exceptional
Events.--
(1) Definition of exceptional event.--In this
section:
(A) In general.--The term ``exceptional
event'' means an event that--
(i) affects air quality;
(ii) is not reasonably controllable
or preventable;
(iii) is--
(I) a natural event; or
(II) an event caused by
human activity that is unlikely
to recur at a particular
location; and
(iv) is determined by the
Administrator through the process
established in the regulations
promulgated under paragraph (2) to be
an exceptional event.
(B) Exclusions.--The term ``exceptional
event'' does not include--
(i) stagnation of air masses or
meteorological inversions;
(ii) a meteorological event
involving high temperatures or lack of
precipitation; or
(iii) air pollution relating to
source noncompliance.
(2) Regulations.--
(A) Proposed regulations.--Not later than
March 1, 2005, after consultation with Federal
land managers and State air pollution control
agencies, the Administrator shall publish in
the Federal Register proposed regulations
governing the review and handling of air
quality monitoring data influenced by
exceptional events.
(B) Final regulations.--Not later than 1
year after the date on which the Administrator
publishes proposed regulations under
subparagraph (A), and after providing an
opportunity for interested persons to make oral
presentations of views, data, and arguments
regarding the proposed regulations, the
Administrator shall promulgate final
regulations governing the review and handling
or air quality monitoring data influenced by an
exceptional event that are consistent with
paragraph (3).
(3) Principles and requirements.--
(A) Principles.--In promulgating
regulations under this section, the
Administrator shall follow--
(i) the principle that protection
of public health is the highest
priority;
(ii) the principle that timely
information should be provided to the
public in any case in which the air
quality is unhealthy;
(iii) the principle that all
ambient air quality data should be
included in a timely manner, an
appropriate Federal air quality
database that is accessible to the
public;
(iv) the principle that each State
must take necessary measures to
safeguard public health regardless of
the source of the air pollution; and
(v) the principle that air quality
data should be carefully screened to
ensure that events not likely to recur
are represented accurately in all
monitoring data and analyses.
(B) Requirements.--Regulations promulgated
under this section shall, at a minimum, provide
that--
(i) the occurrence of an
exceptional event must be demonstrated
by reliable, accurate data that is
promptly produced and provided by
Federal, State, or local government
agencies;
(ii) a clear causal relationship
must exist between the measured
exceedances of a national ambient air
quality standard and the exceptional
event to demonstrate that the
exceptional event caused a specific air
pollution concentration at a particular
air quality monitoring location;
(iii) there is a public process for
determining whether an event is
exceptional; and
(iv) there are criteria and
procedures for the Governor of a State
to petition the Administrator to
exclude air quality monitoring data
that is directly due to exceptional
events from use in determinations by
the Environmental Protection Agency
with respect to exceedances or
violations of the national ambient air
quality standards.
(4) Interim provision.--Until the effective date of
a regulation promulgated under paragraph (2), the
following guidance issued by the Administrator shall
continue to apply:
(A) Guidance on the identification and use
of air quality data affected by exceptional
events (July 1986).
(B) Areas affected by PM-10 natural events,
May 30, 1996.
(C) Appendices I, K, and N to part 50 of
title 40, Code of Federal Regulations.
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
AN ACT To provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes.
* * * * * * *
Sec. 3. To carry out the provisions of this Act for fiscal
years after September 30, 1984, there are authorized to be
appropriated from the Sport Fish Restoration Account
established by section 9504(a) of the Internal Revenue Code of
1986 the amounts paid, transferred, or otherwise credited to
that Account. For purposes of the provision of the Act of
August 31, 1951, which refers to this section, such amounts
shall be treated as the amounts that are equal to the revenues
described in this section. The appropriation made under the
provisions of this section for each fiscal year shall continue
available during the [succeeding fiscal year]. So much of such
appropriation apportioned to any State for any fiscal year as
remains unexpended at the close thereof is authorized to be
made available for expenditure in that State until the close of
the succeeding fiscal year. Any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of the Interior
[in carrying on the research program of the Fish and Wildlife
Service in respect to fish of material value for sport and
recreation] to supplement the 55.3 percent of each annual
appropriation to be apportioned among the States, as provided
for in section 4(b) of this Act.
Sec. 4. [(a) The Secretary of the Interior shall distribute
18 per centum of each annual appropriation made in accordance
with the provisions of section 3 of this Act as provided in the
Coastal Wetlands Planning, Protection, and Restoration Act
(title III, Public Law 101-646). Notwithstanding the provisions
of section 3 of this Act, such sums shall remain available to
carry out such Act through fiscal year 2009.
[(b) Use of Balance After Distribution.--
[(1) Fiscal year 1998.--In fiscal year 1998, an
amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be
transferred to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106(a)(1) of title 46, United
States Code.
[(2) Fiscal year 1999.--For fiscal year 1999, of
the balance of each annual appropriation remaining
after making the distribution under subsection (a), an
amount equal to $74,000,000, reduced by 82 percent of
the amount appropriated for that fiscal year from the
Boat Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
[(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
[(B) The balance remaining after the
application of subparagraph (A) shall be
transferred to the Secretary of Transportation
and shall be expended for State recreational
boating safety programs under section 13106 of
title 46, United States Code.
[(3) Fiscal years 2000-2003.--For each of fiscal
years 2000 through 2003, of the balance of each annual
appropriation remaining after making the distribution
under subsection (a), an amount equal to $82,000,000,
reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the
Aquatic Resources Trust Fund established by section
9504 of the Internal Revenue Code of 1986 to carry out
the purposes of section 13106(a) of title 46, United
States Code, shall be used as follows:
[(A) $10,000,000 shall be available for
each fiscal year to the Secretary of the
Interior for 3 fiscal years for obligation for
qualified projects under section 5604(c) of the
Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
[(B) $8,000,000 shall be available for each
fiscal year to the Secretary of the Interior
for 3 fiscal years for obligation for qualified
projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998.
[(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred for each such fiscal year to the
Secretary of Transportation and shall be
expended for State recreational boating safety
programs under section 13106 of title 46,
United States Code.
[(4) Transfer of certain funds.--Amounts available
under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.
[(c) National Outreach and Communications Program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
[(1) $5,000,000 for fiscal year 1999;
[(2) $6,000,000 for fiscal year 2000;
[(3) $7,000,000 for fiscal year 2001;
[(4) $8,000,000 for fiscal year 2002; and
[(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications
Program under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is
unobligated by the Secretary of the Interior for that program
may be expended by the Secretary under subsection (e).
[(d) Set-Aside for Expenses for Administration of the
Dingell-Johnson Sport Fish Restoration Act.--
[(1) In general.--
[(A) Set-aside.--For fiscal year 2001 and
each fiscal year thereafter, of the balance of
each such annual appropriation remaining after
the distribution and use under subsections (a),
(b), and (c) and section 14, the Secretary of
the Interior may use not more than the
available amount specified in subparagraph (B)
for the fiscal year for expenses for
administration incurred in implementation of
this Act, in accordance with this subsection
and section 9.
[(B) Available amounts.--The available
amount referred to in subparagraph (A) is--
[(i) for each of fiscal years 2001
and 2002, $9,000,000;
[(ii) for fiscal year 2003,
$8,212,000; and
[(iii) for fiscal year 2004 and
each fiscal year thereafter, the sum
of--
[(I) the available amount
for the preceding fiscal year;
and
[(II) the amount determined
by multiplying--
[(aa) the available
amount for the
preceding fiscal year;
and
[(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
[(2) Period of availability; apportionment of
unobligated amounts.--
[(A) Period of availability.--For each
fiscal year, the available amount under
paragraph (1) shall remain available for
obligation for use under that paragraph until
the end of the fiscal year.
[(B) Apportionment of unobligated
amounts.--Not later than 60 days after the end
of a fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States under
subsection (e) for the fiscal year.]
(a) In General.--For fiscal years 2004 through 2009, each
annual appropriation made in accordance with the provisions of
section 3 of this Act shall be distributed as follows:
(1) Coastal wetlands.--18 percent to the Secretary
of the Interior for distribution as provided in the
Coastal Wetlands Planning, Protection, and Restoration
Act (16 U.S.C. 3951 et seq.).
(2) Boating safety.--18 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
(3) Clean vessel act.--1.9 percent to the Secretary
of the Interior for qualified projects under section
5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322
note).
(4) Boating infrastructure.--1.9 percent to the
Secretary of the Interior for obligation for qualified
projects under section 7404(d) of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
(5) National outreach and communications.--1.9
percent to the Secretary of the Interior for the
National Outreach and Communications Program under
section 8(d) of this Act. Such amounts shall remain
available for 3 fiscal years, after which any portion
thereof that is unobligated by the Secretary for that
program may be expended by the Secretary under
subsection (b) of this section.
(6) Set-aside for expenses for administration of
this chapter._
(A) In general.--2.1 percent to the
Secretary of the Interior for expenses for
administration incurred in implementation of
this Act, in accordance with this section,
section 9, and section 14 of this Act.
(B) Apportionment of unobligated funds.--If
any portion of the amount made available to the
Secretary under subparagraph (A) remains
unexpended and unobligated at the end of a
fiscal year, that portion shall be apportioned
among the States, on the same basis and in the
same manner as other amounts made available
under this Act are apportioned among the States
under subsection (b) of this section, within 60
days after the end of that fiscal year. Any
amount apportioned among the States under this
subparagraph shall be in addition to any
amounts otherwise available for apportionment
among the States under subsection (b) for the
fiscal year.
[(e)] (b) The Secretary of the Interior, after the
distribution, transfer, use, and deduction under subsections
(a), (b), (c), and (d), respectively, and after deducting
amounts used for grants under section 14, shall apportion the
remainder of each such annual appropriation among the several
States in the following manner: 40 per centum in the ratio
which the area of each State including coastal and Great Lakes
waters (as determined by the Secretary of the Interior) bears
to the total area of all the States, and 60 per centum in the
ratio which the number of persons holding paid licenses to fish
for sport or recreation in the State in the second fiscal year
preceding the fiscal year for which such apportionment is made,
as certified to said Secretary by the State fish and game
departments, bears to the number of such persons in all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than 1 per centum nor more than 5
per centum of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this Act when said State certifies to the
Secretary of the Interior that it has set aside not less than
$1,500 from its fish-and-game funds or has made, through its
legislature, an appropriation in this amount for said purposes.
[(f)] (c) So much of any sum not allocated under the
provisions of this section for any fiscal year is hereby
authorized to be made available for expenditure to carry out
the purposes of this Act until the close of the succeeding
fiscal year. The term fiscal year as used in this section shall
be a period of twelve consecutive months from October 1 through
the succeeding September 30, except that the period for
enumeration of persons holding licenses to fish shall be a
State's fiscal or license year.
[(g)] (d) Expenses for Administration of Certain
Programs.--
(1) In general.--For each fiscal year, of the
amounts appropriated under section 3, the Secretary of
the Interior shall use only funds authorized for use
under [subsections (a), (b)(3)(A), (b)(3)(B), and (c)]
paragraphs (1), (3), (4), and (5) of subsection (a) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in those
subsections, respectively.
(e) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary after 3 fiscal years shall be transferred to
the Secretary of Homeland Security and shall be expended for
State recreational boating safety programs under section
13106(a) of title 46, United States Code.
(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).
* * * * * * *
Sec. 8. (a) To maintain fish-restoration and management
projects established under the provisions of this Act shall be
the duty of the States according to their respective laws.
Beginning July 1, 1953, maintenance of projects heretofore
completed under the provisions of this Act may be considered as
projects under this Act. Title to any real or personal property
acquired by any State, and to improvements placed on State-
owned lands through the use of funds paid to the State under
the provisions of this Act, shall be vested in such State.
(b)(1) Each State shall allocate 15 percent of the funds
apportioned to it for each fiscal year under section 4 of this
Act for the payment of up to 75 per centum of the costs of the
acquisition, development, renovation, or improvement of
facilities (and auxiliary facilities necessary to insure the
safe use of such facilities) that create, or add to, public
access to the waters of the United States to improve the
suitability of such waters for recreational boating purposes.
Notwithstanding this provision, States within a United States
Fish and Wildlife Service Administrative Region may allocate
more or less than 15 percent in a fiscal year, provided that
the total regional allocation averages 15 percent over a 5 year
period.
(2) So much of the funds that are allocated by a State
under paragraph (1) in any fiscal year that remained unexpended
or unobligated at the close of such year are authorized to be
made available for the purposes described in paragraph (1)
during the succeeding four fiscal years, but any portion of
such funds that remain unexpended or unobligated at the close
of such period are authorized to be made available for
expenditure by the Secretary of the Interior [in carrying out
the research program of the Fish and Wildlife Service in
respect to fish of material value for sport or recreation] to
supplement the 55.3 percent of each annual appropriation to be
apportioned among the States under section 4(b) of this Act.
(c) Each State may use not to exceed 15 percent of the
funds apportioned to it under section 4 of this Act to pay up
to 75 per centum of the costs of an aquatic resource education
and outreach and communications program for the purpose of
increasing public understanding of the Nation's water resources
and associated aquatic life forms. The non-Federal share of
such costs may not be derived from other Federal grant
programs. The Secretary shall issue not later than the one
hundred and twentieth day after the effective date of this
subsection such regulations as he deems advisable regarding the
criteria for such programs.
(d) National Outreach and Communications Program.--
(1) Implementation.--Within 1 year after the date
of enactment of the Sportfishing and Boating Safety Act
of 1998, the Secretary of the Interior shall develop
and implement, in cooperation and consultation with the
Sport Fishing and Boating Partnership Council, a
national plan for outreach and communications.
(2) Content.--The plan shall provide--
(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national
program.
(3) Secretary may match or fund programs.--Under
the plan, the Secretary may obligate amounts available
under [subsection (c) or (d) of section 4] paragraph
(5) or (6) of section 4(a) of this Act--
(A) to make grants to any State or private
entity to pay all or any portion of the cost of
carrying out any outreach and communications
program under the plan; or
(B) to fund contracts with States or
private entities to carry out such a program.
(4) Review.--The plan shall be reviewed
periodically, but not less frequently than once every 3
years.
(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an outreach
and communications program and submit it to the Secretary. In
developing the plan, a State shall--
(1) review the national plan developed under
subsection (d);
(2) consult with anglers, boaters, the sportfishing
and boating industries, and the general public; and
(3) establish priorities for the State outreach and
communications program proposed for implementation.
(f) Pumpout Stations and Waste Reception Facilities.--
Amounts apportioned to States under section 4 of this Act may
be used to pay not more than 75 percent of the costs of
constructing, renovating, operating, or maintaining pumpout
stations and waste reception facilities (as those terms are
defined in the Clean Vessel Act of 1992).
(g) Surveys.--
(1) National framework.--Within 6 months after the
date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
(2) State surveys.--Within 18 months after such
date of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.
* * * * * * *
SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under [section 4(d)(1)] section 4(a)(6)
only for expenses for administration that directly support the
implementation of this Act that consist of--
(1) personnel costs of employees who directly
administer this Act on a full-time basis;
(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of the
employee during which the employee directly administers
this Act, as those hours are certified by the
supervisor of the employee;
(3) support costs directly associated with
personnel costs authorized under paragraphs (1) and
(2), excluding costs associated with staffing and
operation of regional offices of the United States Fish
and Wildlife Service and the Department of the Interior
other than for the purposes of this Act;
(4) costs of determining under section 6(a) whether
State comprehensive plans and projects are substantial
in character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on--
(A) actual costs, as determined by a direct
cost allocation methodology approved by the
Director of the Office of Management and Budget
for use by Federal agencies; and
(B) in the case of costs that are not
determinable under subparagraph (A), an amount
per full-time equivalent employee authorized
under paragraphs (1) and (2) that does not
exceed the amount charged or assessed for costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service;
(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish
and game department and the use of funds under section
6 by each State fish and game department;
(7) costs of audits under subsection (d);
(8) costs of necessary training of Federal and
State full-time personnel who administer this Act to
improve administration of this Act;
(9) costs of travel to States, territories, and
Canada by personnel who--
(A) administer this Act on a full-time
basis for purposes directly related to
administration of State programs or projects;
or
(B) administer grants under section 6 or
14;
(10) costs of travel outside the United States
(except travel to Canada), by personnel who administer
this Act on a full-time basis, for purposes that
directly relate to administration of this Act and that
are approved directly by the Assistant Secretary for
Fish and Wildlife and Parks;
(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred; and
(12) costs to audit, evaluate, approve, disapprove,
and advise concerning grants under sections 6 and 14.
(b) Reporting of Other Uses.--
(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available
amounts under [section 4(d)(1)] section 4(a)(6) should
be used for an expense for administration other than an
expense for administration described in subsection (a),
the Secretary--
* * * * * * *
Sec. 12. The Secretary of the Interior is authorized to
cooperate with the Secretary of Agriculture of Puerto Rico, the
Mayor of the District of Columbia, the Governor of Guam, the
Governor of American Samoa, the Governor of the Commonwealth of
the Northern Mariana Islands, and the Governor of the Virgin
Islands, in the conduct of fish restoration and management
projects as defined in section 2 of this Act, upon such terms
and conditions as he shall deem fair, just, and equitable, and
is authorized to apportion to Puerto Rico, the District of
Columbia, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands, out of money
available for apportionment under this Act, such sums as he
shall determine, not exceeding for Puerto Rico 1 per centum,
for the District of Columbia one-third of 1 per centum, for
Guam one-third of 1 per centum, for American Samoa one-third of
1 per centum, for the Commonwealth of the Northern Mariana
Islands one-third of 1 per centum, and for the Virgin Islands
one-third of 1 per centum of the total amount apportioned in
any one year, but the Secretary shall in no event require any
of said cooperating agencies to pay an amount which will exceed
25 per centum of the cost of any project. Any unexpended or
unobligated balance of any apportionment made pursuant to this
section shall be made available for expenditure in Puerto Rico,
the District of Columbia, Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands, as the case
may be, in the succeeding year, on any approved projects, and
if unexpended or unobligated at the end of such year is
authorized to be made available for expenditure by the
Secretary of the Interior [in carrying on the research program
of the Fish and Wildlife Service in respect to fish of material
value for sport or recreation] to supplement the 55.3 percent
of each annual appropriation to be apportioned among the States
under section 4(b) of this Act.
* * * * * * *
SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
[(a) In General.--
[(1) Amount for grants.--Of the balance of each
annual appropriation made under section 3 remaining
after the distribution and use under subsections (a),
(b), and (c) of section 4 in a fiscal year, not more
than $3,000,000 shall be available to the Secretary of
the Interior for making multistate conservation project
grants in accordance with this section.]
(a) In General._
(1) Amount for grants.--For each of fiscal years
2004 through 2009, 0.9 percent of each annual
appropriation made in accordance with the provisions of
section 3 of this Act shall be distributed to the
Secretary of the Interior for making multistate
conservation project grants in accordance with this
section.'';
(2) by striking ``section 4(e)'' each place it
appears in subsection (a)(2)(B) and inserting ``section
4(b)''; and
(3) by striking ``Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and
(c) of section 4 for each fiscal year and after
deducting amounts used for grants under subsection
(a)--'' in subsection (e) and inserting ``Of amounts
made available under section 4(a)(6) for each fiscal
year--
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the
period of availability under subparagraph (A),
the Secretary of the Interior shall apportion
any amounts that remain available among the
States in the manner specified in section 4(e)
for use by the States in the same manner as
funds apportioned under section 4(e).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish
and game departments.
(2) Use of submitted priority list of projects.--
The Secretary of the Interior may make grants under
this section only for projects identified on a priority
list of sport fish restoration projects described in
paragraph (3).
(3) Priority list of projects.--A priority list
referred to in paragraph (2) is a priority list of
sport fish restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised
of the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the
sport fish restoration programs under
this Act;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for
Wildlife and Sport Fish Restoration Programs shall
publish in the Federal Register each priority list
submitted under paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The Secretary of the Interior may
make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the International Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
taking of fish; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated taking
of fish.
(e) Funding for Other Activities.--Of the balance of each
annual appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts used
for grants under subsection (a)--
(1) $200,000 shall be made available for each of--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries
Commission;
(C) the Pacific States Marine Fisheries
Commission; and
(D) the Great Lakes Fisheries Commission;
and
(2) $400,000 shall be made available for the Sport
Fishing and Boating Partnership Council established by
the United States Fish and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any activity carried out under this section.
* * * * * * *