[DOCID: f:publ059.109]
 
[[Page 1143]]
 
 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
 LEGACY FOR USERS
 
[[Page 119 STAT. 1144]]
 
Public Law 109-59
109th Congress
 
 An Act
 
 
 
 To authorize funds for Federal-aid highways, highway safety programs, 
 and transit programs, and for other purposes. <<NOTE: Aug. 10, 
 2005 - [H.R. 3]>> 
 
 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users. Inter- governmental relations. 23 USC 101 note.>> assembled,
 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
 
 (a) Short Title.--This Act may be cited as the ``Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or 
``SAFETEA-LU''.
 (b) Table of Contents.--The table of contents for this Act is as 
follows:
 
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
 
 TITLE I--FEDERAL-AID HIGHWAYS
 
 Subtitle A--Authorization of Programs
 
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus program.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Future Interstate System routes.
Sec. 1107. Metropolitan planning.
Sec. 1108. Transfer of highway and transit funds.
Sec. 1109. Recreational trails.
Sec. 1110. Temporary traffic control devices.
Sec. 1111. Set-asides for Interstate discretionary projects.
Sec. 1112. Emergency relief.
Sec. 1113. Surface transportation program.
Sec. 1114. Highway bridge program.
Sec. 1115. Highway use tax evasion projects.
Sec. 1116. Appalachian development highway system.
Sec. 1117. Transportation, community, and system preservation program.
Sec. 1118. Territorial highway program.
Sec. 1119. Federal lands highways.
Sec. 1120. Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. Definitions.
 
 Subtitle B--Congestion Relief
 
Sec. 1201. Real-time system management information program.
 
 Subtitle C--Mobility and Efficiency
 
Sec. 1301. Projects of national and regional significance.
Sec. 1302. National corridor infrastructure improvement program.
Sec. 1303. Coordinated border infrastructure program.
Sec. 1304. High priority corridors on the National Highway System.
Sec. 1305. Truck parking facilities.
Sec. 1306. Freight intermodal distribution pilot grant program.
Sec. 1307. Deployment of magnetic levitation transportation projects.
 
[[Page 119 STAT. 1145]]
 
Sec. 1308. Delta region transportation development program.
Sec. 1309. Extension of public transit vehicle exemption from axle 
 weight restrictions.
Sec. 1310. Interstate oasis program.
 
 Subtitle D--Highway Safety
 
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. Toll facilities workplace safety study.
Sec. 1404. Safe routes to school program.
Sec. 1405. Roadway safety improvements for older drivers and 
 pedestrians.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Safety incentives to prevent operation of motor vehicles by 
 intoxicated persons.
Sec. 1408. Improvement or replacement of highway features on National 
 Highway System.
Sec. 1409. Work zone safety grants.
Sec. 1410. National Work Zone Safety Information Clearinghouse.
Sec. 1411. Roadway safety.
Sec. 1412. Idling reduction facilities in Interstate rights-of-way.
 
 Subtitle E--Construction and Contract Efficiency
 
Sec. 1501. Program efficiencies.
Sec. 1502. Highways for LIFE pilot program.
Sec. 1503. Design build.
 
 Subtitle F--Finance
 
Sec. 1601. Transportation Infrastructure Finance and Innovation Act 
 amendments.
Sec. 1602. State infrastructure banks.
Sec. 1603. Use of excess funds and funds for inactive projects.
Sec. 1604. Tolling.
 
 Subtitle G--High Priority Projects
 
Sec. 1701. High Priority Projects program.
Sec. 1702. Project authorizations.
Sec. 1703. Technical amendments to transportation projects.
 
 Subtitle H--Environment
 
Sec. 1801. Construction of ferry boats and ferry terminal facilities.
Sec. 1802. National Scenic Byways Program.
Sec. 1803. America's Byways Resource Center.
Sec. 1804. National historic covered bridge preservation.
Sec. 1805. Use of debris from demolished bridges and overpasses.
Sec. 1806. Additional authorization of contract authority for States 
 with Indian reservations.
Sec. 1807. Nonmotorized transportation pilot program.
Sec. 1808. Addition to CMAQ-eligible projects.
 
  Subtitle I--Miscellaneous
 
Sec. 1901. Inclusion of requirements for signs identifying funding 
 sources in title 23.
Sec. 1902. Donations and credits.
Sec. 1903. Inclusion of Buy America requirements in title 23.
Sec. 1904. Stewardship and oversight.
Sec. 1905. Transportation development credits.
Sec. 1906. Grant program to prohibit racial profiling.
Sec. 1907. Pavement marking systems demonstration projects.
Sec. 1908. Inclusion of certain route segments on Interstate System and 
 NHS.
Sec. 1909. Future of surface transportation system.
Sec. 1910. Motorist information concerning full service restaurants.
Sec. 1911. Approval and funding for certain construction projects.
Sec. 1912. Lead agency designation.
Sec. 1913. Bridge construction, North Dakota.
Sec. 1914. Motorcyclist Advisory Council.
Sec. 1915. Loan forgiveness.
Sec. 1916. Treatment of off-ramp.
Sec. 1917. Opening of Interstate ramps.
Sec. 1918. Credit to State of Louisiana for State matching funds.
Sec. 1919. Road user fees.
Sec. 1920. Transportation and local workforce investment.
 
[[Page 119 STAT. 1146]]
 
Sec. 1921. Update of obsolete text.
Sec. 1922. Technical amendments to nondiscrimination section.
Sec. 1923. Transportation assets and needs of Delta region.
Sec. 1924. Alaska Way Viaduct study.
Sec. 1925. Community enhancement study.
Sec. 1926. Budget justification.
Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway.
Sec. 1928. Sense of Congress regarding Buy America.
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway.
Sec. 1930. Designation of Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1931. Richard Nixon Parkway, California.
Sec. 1932. Amo Houghton Bypass.
Sec. 1933. Billy Tauzin Energy Corridor.
Sec. 1934. Transportation improvements.
Sec. 1935. Project flexibility.
Sec. 1936. Advances.
Sec. 1937. Roads in closed basins.
Sec. 1938. Technology.
Sec. 1939. BIA Indian Road Program.
Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana.
Sec. 1941. Beartooth Highway, Montana.
Sec. 1943. Great Lakes ITS implementation.
Sec. 1944. Transportation construction and remediation, Ottawa County, 
 Oklahoma.
Sec. 1945. Infrastructure awareness program.
Sec. 1946. Gateway rural improvement pilot program.
Sec. 1947. Eligible safety improvements.
Sec. 1948. Emergency service route.
Sec. 1949. Knik Arm Bridge funding clarification.
Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program.
Sec. 1951. Bonding assistance program.
Sec. 1952. Congestion relief.
Sec. 1953. Authorization of appropriations.
Sec. 1954. Bicycle transportation and pedestrian walkways.
Sec. 1955. Conveyance to the City of Ely, Nevada.
Sec. 1956. Brownfields grants.
Sec. 1957. Traffic circle construction, Clarendon, Vermont.
Sec. 1958. Limitation on project approval.
Sec. 1959. Cross harbor freight movement project.
Sec. 1960. Denali access system program.
Sec. 1961. I-95/Contee Road interchange study.
Sec. 1962. Multimodal facility improvements.
Sec. 1963. Apollo Theater leases.
Sec. 1964. Project Federal share.
 
 TITLE II--HIGHWAY SAFETY
 
Sec. 2001. Authorization of appropriations.
Sec. 2002. Highway safety programs.
Sec. 2003. Highway safety research and outreach programs.
Sec. 2004. Occupant protection incentive grants.
Sec. 2005. Grants for primary safety belt use laws.
Sec. 2006. State traffic safety information system improvements.
Sec. 2007. Alcohol-impaired driving countermeasures.
Sec. 2008. NHTSA accountability.
Sec. 2009. High visibility enforcement program.
Sec. 2010. Motorcyclist safety.
Sec. 2011. Child safety and child booster seat incentive grants.
Sec. 2012. Safety data.
Sec. 2013. Drug-impaired driving enforcement.
Sec. 2014. First responder vehicle safety program.
Sec. 2015. Driver performance study.
Sec. 2016. Rural State emergency medical services optimization pilot 
 program.
Sec. 2017. Older driver safety; law enforcement training.
Sec. 2018. Safe intersections.
Sec. 2019. National Highway Safety Advisory Committee technical 
 correction.
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving.
Sec. 2021. Sense of the Congress in support of increased public 
 awareness of blood alcohol concentration levels and dangers 
 of alcohol-impaired driving.
Sec. 2022. Effective date.
 
 TITLE III--PUBLIC TRANSPORTATION
 
Sec. 3001. Short title.
 
[[Page 119 STAT. 1147]]
 
Sec. 3002. Amendments to title 49, United States Code; updated 
 terminology.
Sec. 3003. Policies, findings, and purposes.
Sec. 3004. Definitions.
Sec. 3005. Metropolitan transportation planning.
Sec. 3006. Statewide transportation planning.
Sec. 3007. Planning programs.
Sec. 3008. Private enterprise participation.
Sec. 3009. Urbanized area formula grants.
Sec. 3010. Clean fuels grant program.
Sec. 3011. Capital investment grants.
Sec. 3012. Formula grants for special needs of elderly individuals and 
 individuals with disabilities.
Sec. 3013. Formula grants for other than urbanized areas.
Sec. 3014. Research, development, demonstration, and deployment 
 projects.
Sec. 3015. Transit cooperative research program.
Sec. 3016. National research and technology programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Job access and reverse commute formula grants.
Sec. 3019. New Freedom Program.
Sec. 3020. Bus testing facility.
Sec. 3021. Alternative transportation in parks and public lands.
Sec. 3022. Human resources programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Project review.
Sec. 3028. Investigations of safety hazards and security risks.
Sec. 3029. State safety oversight.
Sec. 3030. Controlled substances and alcohol misuse testing.
Sec. 3031. Employee protective arrangements.
Sec. 3032. Administrative procedures.
Sec. 3033. National transit database.
Sec. 3034. Apportionments of formula grants.
Sec. 3035. Apportionments based on fixed guideway factors.
Sec. 3036. Authorizations.
Sec. 3037. Alternatives analysis program.
Sec. 3038. Apportionments based on growing States formula factors.
Sec. 3039. Over-the-road bus accessibility program.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for fiscal year 2005.
Sec. 3042. Terrorist attacks and other acts of violence against public 
 transportation systems.
Sec. 3043. Project authorizations for new fixed guideway capital 
 projects.
Sec. 3044. Projects for bus and bus-related facilities and clean fuels 
 grant program.
Sec. 3045. National fuel cell bus technology development program.
Sec. 3046. Allocations for national research and technology programs.
Sec. 3047. Forgiveness of grant agreement.
Sec. 3048. Cooperative procurement.
Sec. 3049. Transportation fringe benefits.
Sec. 3050. Commuter rail.
Sec. 3051. Paratransit service in Illinois.
 
 TITLE IV--MOTOR CARRIER SAFETY
 
Sec. 4001. Short title.
 
 Subtitle A--Commercial Motor Vehicle Safety
 
Sec. 4101. Authorization of appropriations.
Sec. 4102. Increased penalties for out-of-service violations and false 
 records.
Sec. 4103. Penalty for denial of access to records.
Sec. 4104. Revocation of operating authority.
Sec. 4105. State laws relating to vehicle towing.
Sec. 4106. Motor carrier safety grants.
Sec. 4107. High priority activities and new entrants audits.
Sec. 4108. Data quality improvement.
Sec. 4109. Performance and registration information system management.
Sec. 4110. Border enforcement grants.
Sec. 4111. Motor carrier research and technology program.
Sec. 4112. Nebraska custom harvesters length exemption.
Sec. 4113. Pattern of safety violations by motor carrier management.
Sec. 4114. Intrastate operations of interstate motor carriers.
 
[[Page 119 STAT. 1148]]
 
Sec. 4115. Transfer provision.
Sec. 4116. Medical program.
Sec. 4117. Safety performance history screening.
Sec. 4118. Roadability.
Sec. 4119. International cooperation.
Sec. 4120. Financial responsibility for private motor carriers.
Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4122. CDL learner's permit program.
Sec. 4123. Commercial driver's license information system modernization.
Sec. 4124. Commercial driver's license improvements.
Sec. 4125. Hobbs Act.
Sec. 4126. Commercial vehicle information systems and networks 
 deployment.
Sec. 4127. Outreach and education.
Sec. 4128. Safety data improvement program.
Sec. 4129. Operation of commercial motor vehicles by individuals who use 
 insulin to treat diabetes mellitus.
Sec. 4130. Operators of vehicles transporting agricultural commodities 
 and farm supplies.
Sec. 4131. Maximum hours of service for operators of ground water well 
 drilling rigs.
Sec. 4132. Hours of service for operators of utility service vehicles.
Sec. 4133. Hours of service rules for operators providing transportation 
 to movie production sites.
Sec. 4134. Grant program for commercial motor vehicle operators.
Sec. 4135. CDL task force.
Sec. 4136. Interstate van operations.
Sec. 4137. Decals.
Sec. 4138. High risk carrier compliance reviews.
Sec. 4139. Foreign commercial motor vehicles.
Sec. 4140. School bus driver qualifications and endorsement knowledge 
 test.
Sec. 4141. Driveaway saddlemount vehicles.
Sec. 4142. Registration of motor carriers and freight forwarders.
Sec. 4143. Authority to stop commercial motor vehicles.
Sec. 4144. Motor Carrier Safety Advisory Committee.
Sec. 4145. Technical corrections.
Sec. 4146. Exemption during harvest periods.
Sec. 4147. Emergency condition requiring immediate response.
Sec. 4148. Substance abuse professionals.
Sec. 4149. Office of intermodalism.
 
 Subtitle B--Household Goods Transportation
 
Sec. 4201. Short title.
Sec. 4202. Definitions; application of provisions.
Sec. 4203. Payment of rates.
Sec. 4204. Additional registration requirements for motor carriers of 
 household goods.
Sec. 4205. Household goods carrier operations.
Sec. 4206. Enforcement of regulations related to transportation of 
 household goods.
Sec. 4207. Liability of carriers under receipts and bills of lading.
Sec. 4208. Arbitration requirements.
Sec. 4209. Civil penalties relating to household goods brokers and 
 unauthorized transportation.
Sec. 4210. Penalties for holding household goods hostage.
Sec. 4211. Consumer handbook on DOT web site.
Sec. 4212. Release of household goods broker information.
Sec. 4213. Working group for development of practices and procedures to 
 enhance Federal-State relations.
Sec. 4214. Consumer complaint information.
Sec. 4215. Review of liability of carriers.
Sec. 4216. Application of State consumer protection laws to certain 
 household goods carriers.
 
 Subtitle C--Unified Carrier Registration Act of 2005
 
Sec. 4301. Short title.
Sec. 4302. Relationship to other laws.
Sec. 4303. Inclusion of motor private and exempt carriers.
Sec. 4304. Unified Carrier Registration System.
Sec. 4305. Registration of motor carriers by States.
Sec. 4306. Identification of vehicles.
Sec. 4307. Use of UCR Agreement revenues as matching funds.
Sec. 4308. Regulations.
 
[[Page 119 STAT. 1149]]
 
 Subtitle D--Miscellaneous Provisions
 
Sec. 4401. Technical adjustment.
Sec. 4402. Transfer.
Sec. 4403. Extension of assistance.
Sec. 4404. Designations.
Sec. 4405. Limited exception.
Sec. 4406. Airport land amendment.
Sec. 4407. Rights-of-way.
Sec. 4408. Rialto Municipal Airport.
Sec. 4409. Conforming amendments.
Sec. 4410. Ralph M. Bartholomew Veterans' Memorial Bridge.
Sec. 4411. Don Young's Way.
Sec. 4412. Quality bank adjustments.
Sec. 4413. Technical amendment.
Sec. 4414. Airport certification.
 
 TITLE V--RESEARCH
 
 Subtitle A--Funding
 
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
 
 Subtitle B--Research, Technology, and Education
 
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge 
 research and deployment program.
Sec. 5203. Technology deployment.
Sec. 5204. Training and education.
Sec. 5205. State planning and research.
Sec. 5206. International highway transportation outreach program.
Sec. 5207. Surface transportation environment and planning cooperative 
 research program.
Sec. 5208. Transportation research and development strategic planning.
Sec. 5209. National cooperative freight transportation research program.
Sec. 5210. Future strategic highway research program.
Sec. 5211. Multistate corridor operations and management.
 
 Subtitle C--Intelligent Transportation System Research
 
Sec. 5301. National ITS program plan.
Sec. 5302. Use of funds.
Sec. 5303. Goals and purposes.
Sec. 5304. Infrastructure development.
Sec. 5305. General authorities and requirements.
Sec. 5306. Research and development.
Sec. 5307. National architecture and standards.
Sec. 5308. Road weather research and development program.
Sec. 5309. Centers for surface transportation excellence.
Sec. 5310. Definitions.
 
 Subtitle D--University Transportation Research; Scholarship 
 Opportunities
 
Sec. 5401. National university transportation centers.
Sec. 5402. University transportation research.
 
 Subtitle E--Other Programs
 
Sec. 5501. Transportation safety information management system project.
Sec. 5502. Surface transportation congestion relief solutions research 
 initiative.
Sec. 5503. Motor carrier efficiency study.
Sec. 5504. Center for Transportation Advancement and Regional 
 Development.
Sec. 5505. Transportation scholarship opportunities program.
Sec. 5506. Commercial remote sensing products and spatial information 
 technologies.
Sec. 5507. Rural interstate corridor communications study.
Sec. 5508. Transportation technology innovation and demonstration 
 program.
Sec. 5509. Repeal.
Sec. 5510. Notice.
Sec. 5511. Motorcycle crash causation study grants.
Sec. 5512. Advanced travel forecasting procedures program.
Sec. 5513. Research grants.
Sec. 5514. Competition for specification of alternative types of culvert 
 pipes.
 
[[Page 119 STAT. 1150]]
 
 Subtitle F--Bureau of Transportation Statistics
 
Sec. 5601. Bureau of Transportation Statistics.
 
 TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
 
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. State assumption of responsibilities for certain programs and 
 projects.
Sec. 6004. State assumption of responsibility for categorical 
 exclusions.
Sec. 6005. Surface transportation project delivery pilot program.
Sec. 6006. Environmental restoration and pollution abatement; control of 
 noxious weeds and aquatic noxious weeds and establishment of 
 native species.
Sec. 6007. Exemption of Interstate System.
Sec. 6008. Integration of natural resource concerns into transportation 
 project planning.
Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and 
 historic sites.
Sec. 6010. Environmental review of activities that support deployment of 
 intelligent transportation systems.
Sec. 6011. Transportation conformity.
Sec. 6012. Federal Reference Method.
Sec. 6013. Air quality monitoring data influenced by exceptional events.
Sec. 6014. Federal procurement of recycled coolant.
Sec. 6015. Clean school bus program.
Sec. 6016. Special designation.
Sec. 6017. Increased use of recovered mineral component in federally 
 funded projects involving procurement of cement or concrete.
Sec. 6018. Use of granular mine tailings.
 
 TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
 
Sec. 7001. Short title.
Sec. 7002. Amendment of title 49, United States Code.
 
Subtitle A--General Authorities on Transportation of Hazardous Materials
 
Sec. 7101. Findings and purpose.
Sec. 7102. Definitions.
Sec. 7103. General regulatory authority.
Sec. 7104. Limitation on issuance of hazmat licenses.
Sec. 7105. Background checks for drivers hauling hazardous materials.
Sec. 7106. Representation and tampering.
Sec. 7107. Technical amendments.
Sec. 7108. Training of certain employees.
Sec. 7109. Registration.
Sec. 7110. Shipping papers and disclosure.
Sec. 7111. Rail tank cars.
Sec. 7112. Unsatisfactory safety ratings.
Sec. 7113. Training curriculum for the public sector.
Sec. 7114. Planning and training grants; Hazardous Materials Emergency 
 Preparedness Fund.
Sec. 7115. Special permits and exclusions.
Sec. 7116. Uniform forms and procedures.
Sec. 7117. International uniformity of standards and requirements.
Sec. 7118. Administrative authority.
Sec. 7119. Enforcement.
Sec. 7120. Civil penalty.
Sec. 7121. Criminal penalty.
Sec. 7122. Preemption.
Sec. 7123. Judicial review.
Sec. 7124. Relationship to other laws.
Sec. 7125. Authorization of appropriations.
Sec. 7126. References to the Secretary of Transportation.
Sec. 7127. Criminal matters.
Sec. 7128. Additional civil and criminal penalties.
Sec. 7129. Hazardous material transportation plan requirement.
Sec. 7130. Determining amount of undeclared shipments of hazardous 
 materials entering the United States.
Sec. 7131. Hazardous materials research projects.
Sec. 7132. National first responder transportation incident response 
 system.
Sec. 7133. Common carrier pipeline system.
 
 Subtitle B--Sanitary Food Transportation
 
Sec. 7201. Short title.
 
[[Page 119 STAT. 1151]]
 
Sec. 7202. Responsibilities of Secretary of Health and Human Services.
Sec. 7203. Department of Transportation requirements.
Sec. 7204. Effective date.
 
 Subtitle C--Research and Innovative Technology Administration
 
Sec. 7301. Administrative authority.
 
 TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
 
Sec. 8001. Discretionary spending limits for the highway and mass 
 transit categories.
Sec. 8002. Adjustments to align highway spending with revenues.
Sec. 8003. Level of obligation limitations.
Sec. 8004. Enforcement of guarantee.
Sec. 8005. Transfer of Federal transit administrative expenses.
 
 TITLE IX--RAIL TRANSPORTATION
 
Sec. 9001. High-speed rail corridor development.
Sec. 9002. Capital grants for rail line relocation projects.
Sec. 9003. Rehabilitation and improvement financing.
Sec. 9004. Report regarding impact on public safety of train travel in 
 communities without grade separation.
Sec. 9005. Welded rail and tank car safety improvements.
Sec. 9006. Alaska Railroad.
Sec. 9007. Study of rail transportation and regulation.
Sec. 9008. Hawaii port infrastructure expansion program.
 
 TITLE X--MISCELLANEOUS PROVISIONS
 
 Subtitle A--Sportfishing and Recreational Boating Safety
 
Sec. 10101. Short title.
 
 Chapter 1--Dingell-Johnson Sport Fish Restoration Act amendments
 
Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act.
Sec. 10112. Authorization of appropriations.
Sec. 10113. Division of annual appropriations.
Sec. 10114. Maintenance of projects.
Sec. 10115. Boating infrastructure.
Sec. 10116. Requirements and restrictions concerning use of amounts for 
 expenses for Administration.
Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the 
  District of Columbia, Guam, American Samoa, the Commonwealth 
 of the Northern Mariana Islands, and the Virgin Islands.
Sec. 10118. Multistate conservation grant program.
Sec. 10119. Expenditure of remaining balance in Boat Safety Account.
 
  Chapter 2--Clean Vessel Act of 1992 amendments
 
Sec. 10131. Grant program.
 
 Chapter 3--Recreational boating safety program amendments
 
Sec. 10141. Technical correction.
Sec. 10142. Availability of allocations.
Sec. 10143. Authorization of appropriations for State recreational 
 boating safety programs.
 
 Subtitle B--Other Miscellaneous Provisions
 
Sec. 10201. Notice regarding participation of small business concerns.
Sec. 10202. Emergency medical services.
Sec. 10203. Hubzone program.
Sec. 10204. Catastrophic hurricane evacuation plans.
Sec. 10205. Intermodal transportation facility expansion.
Sec. 10206. Eligibility to participate in western Alaska community 
 development quota program.
Sec. 10207. Rail rehabilitation and bridge repair.
Sec. 10208. Rented or leased motor vehicles.
Sec. 10209. Midway Island.
Sec. 10210. Demonstration of digital project simulation.
Sec. 10211. Environmental programs.
Sec. 10212. Rescission of unobligated balances.
Sec. 10213. Tribal land.
 
 Subtitle C--Specific Vehicle Safety-related Rulings
 
Sec. 10301. Vehicle rollover prevention and crash mitigation.
 
[[Page 119 STAT. 1152]]
 
Sec. 10302. Side-impact crash protection rulemaking.
Sec. 10303. Tire research.
Sec. 10304. Vehicle backover avoidance technology study.
Sec. 10305. Nontraffic incident data collection.
Sec. 10306. Study of safety belt use technologies.
Sec. 10307. Amendment of Automobile Information Disclosure Act.
Sec. 10308. Power window switches.
Sec. 10309. 15-Passenger van safety.
Sec. 10310. Authorization of appropriations.
 
 TITLE XI--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION
 
Sec. 11100. Amendment of 1986 Code.
 
 Subtitle A--Trust Fund Reauthorization
 
Sec. 11101. Extension of highway-related taxes and trust funds.
Sec. 11102. Modification of adjustments of apportionments.
 
 Subtitle B--Excise Tax Reform and Simplification
 
 Part 1--Highway excise taxes
 
Sec. 11111. Modification of gas guzzler tax.
Sec. 11112. Exclusion for tractors weighing 19,500 pounds or less from 
 Federal excise tax on heavy trucks and trailers.
Sec. 11113. Volumetric excise tax credit for alternative fuels.
 
 Part 2--Aquatic excise taxes
 
Sec. 11115. Elimination of Aquatic Resources Trust Fund and 
 transformation of Sport Fish Restoration Account.
Sec. 11116. Repeal of harbor maintenance tax on exports.
Sec. 11117. Cap on excise tax on certain fishing equipment.
 
  Part 3--Aerial excise taxes
 
Sec. 11121. Clarification of excise tax exemptions for agricultural 
 aerial applicators and exemption for Fixed-Wing aircraft 
 engaged in forestry operations.
Sec. 11122. Modification of rural airport definition.
Sec. 11123. Exemption from taxes on transportation provided by 
 seaplanes.
Sec. 11124. Certain sightseeing flights exempt from taxes on air 
 transportation.
 
 Part 4--Taxes relating to alcohol
 
Sec. 11125. Repeal of special occupational taxes on producers and 
 marketers of alcoholic beverages.
Sec. 11126. Income tax credit for distilled spirits wholesalers and for 
 distilled spirits in control State bailment warehouses for 
  costs of carrying Federal excise taxes on bottled distilled 
 spirits.
Sec. 11127. Quarterly excise tax filing for small alcohol excise 
 taxpayers.
 
 Part 5--Sport excise taxes
 
Sec. 11131. Custom gunsmiths.
 
 Subtitle C--Miscellaneous Provisions
 
Sec. 11141. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 11142. National Surface Transportation Infrastructure Financing 
 Commission.
Sec. 11143. Tax-exempt financing of highway projects and rail-truck 
 transfer facilities.
Sec. 11144. Treasury study of highway fuels used by trucks for non-
 transportation purposes.
Sec. 11145. Diesel fuel tax evasion report.
Sec. 11146. Tax treatment of State ownership of railroad real estate 
 investment trust.
Sec. 11147. Limitation on transfers to the Leaking Underground Storage 
 Tank Trust Fund.
 
 Subtitle D--Highway-Related Technical Corrections
 
Sec. 11151. Highway-related technical corrections.
 
 Subtitle E--Preventing Fuel Fraud
 
Sec. 11161. Treatment of kerosene for use in aviation.
Sec. 11162. Repeal of ultimate vendor refund claims with respect to 
 farming.
 
[[Page 119 STAT. 1153]]
 
Sec. 11163. Refunds of excise taxes on exempt sales of fuel by credit 
 card.
Sec. 11164. Reregistration in event of change in ownership.
Sec. 11165. Reconciliation of on-loaded cargo to entered cargo.
Sec. 11166. Treatment of deep-draft vessels.
Sec. 11167. Penalty with respect to certain adulterated fuels.
 
SEC. 2. <<NOTE: 23 USC 101 note.>> GENERAL DEFINITIONS.
 
 In this Act, the following definitions apply:
 (1) Department.--The term ``Department'' means the 
 Department of Transportation.
  (2) Secretary.--The term ``Secretary'' means the Secretary 
 of Transportation.
 
 TITLE I--FEDERAL-AID HIGHWAYS
 
 Subtitle A--Authorization of Programs
 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
 
 (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
 (1) Interstate maintenance program.--For the Interstate 
 maintenance program under section 119 of title 23, United States 
 Code--
 (A) $4,883,759,623 for fiscal year 2005;
 (B) $4,960,788,917 for fiscal year 2006;
 (C) $5,039,058,556 for fiscal year 2007;
 (D) $5,118,588,513 for fiscal year 2008; and
 (E) $5,199,399,081 for fiscal year 2009.
 (2) National highway system.--For the National Highway 
 System under section 103 of such title--
 (A) $5,911,200,104 for fiscal year 2005;
 (B) $6,005,256,569 for fiscal year 2006;
 (C) $6,110,827,556 for fiscal year 2007;
 (D) $6,207,937,450 for fiscal year 2008; and
 (E) $6,306,611,031 for fiscal year 2009.
 (3) Bridge program.--For the bridge program under section 
 144 of such title--
 (A) $4,187,708,821 for fiscal year 2005;
 (B) $4,253,530,131 for fiscal year 2006;
 (C) $4,320,411,313 for fiscal year 2007;
 (D) $4,388,369,431 for fiscal year 2008; and
 (E) $4,457,421,829 for fiscal year 2009.
 (4) Surface transportation program.--For the surface 
 transportation program under section 133 of such title--
 (A) $6,860,096,662 for fiscal year 2005;
 (B) $6,269,833,394 for fiscal year 2006;
 (C) $6,370,469,775 for fiscal year 2007;
 (D) $6,472,726,628 for fiscal year 2008; and
 (E) $6,576,630,046 for fiscal year 2009.
 (5) Congestion mitigation and air quality improvement 
 program.--For the congestion mitigation and air quality 
 improvement program under section 149 of such title--
 (A) $1,667,255,304 for fiscal year 2005;
 (B) $1,694,101,866 for fiscal year 2006;
 (C) $1,721,380,718 for fiscal year 2007;
 (D) $1,749,098,821 for fiscal year 2008; and
 
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 (E) $1,777,263,247 for fiscal year 2009.
 (6) Highway safety improvement program.--For the highway 
 safety improvement program under section 148 of such title--
  (A) $1,235,810,000 for fiscal year 2006;
 (B) $1,255,709,322 for fiscal year 2007;
 (C) $1,275,929,067 for fiscal year 2008; and
 (D) $1,296,474,396 for fiscal year 2009.
 (7) Appalachian development highway system program.--For the 
 Appalachian development highway system program under subtitle IV 
 of title 40, United States Code, $470,000,000 for each of fiscal 
 years 2005 through 2009.
 (8) Recreational trails program.--For the recreational 
 trails program under section 206 of title 23, United States 
 Code--
 (A) $60,000,000 for fiscal year 2005;
 (B) $70,000,000 for fiscal year 2006;
  (C) $75,000,000 for fiscal year 2007;
 (D) $80,000,000 for fiscal year 2008; and
 (E) $85,000,000 for fiscal year 2009.
 (9) Federal lands highways program.--
 (A) Indian reservation roads.--For Indian 
 reservation roads under section 204 of such title--
 (i) $300,000,000 for fiscal year 2005;
 (ii) $330,000,000 for fiscal year 2006;
 (iii) $370,000,000 for fiscal year 2007;