Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

    ``(A) locating, surveying, and mapping;

    ``(B) track installation, 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 obstacles and relocation of utilities; and

    ``(F) and other activities defined by the Secretary.

    ``(2) QUALITY OF LIFE.--The term `quality of life' includes first responders' emergency response time, the environment, noise levels, and other factors as determined by the Secretary.

    ``(3) STATE.--The term `State' includes, except as otherwise specifically provided, a political subdivision of a State, and the District of Columbia.

    ``(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for use in carrying out this section $350,000,000 for each of the fiscal years 2006 through 2009.''.

    (2) CLERICAL AMENDMENT.--The chapter analysis for such chapter is amended by adding at the end the following:

   ``20154..Capital grants for rail line relocation projects.''.

    (b) Regulations.--

    (1) TEMPORARY REGULATIONS.--Not later than April 1, 2006, the Secretary of Transportation shall issue temporary regulations to implement the grant program under section 20154 of title 49, United States Code, as added by subsection (a). Subchapter II of chapter 5 of title 5, United States Code, shall not apply to the issuance of a temporary regulation under this subsection or of any amendment of such a temporary regulation.

    (2) FINAL REGULATIONS.--Not later than October 1, 2006, the Secretary shall issue final regulations implementing the program.

   SEC. 9003. REHABILITATION AND IMPROVEMENT FINANCING.

    (a) Definitions.--Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as follows:

    ``(7) `railroad' has the meaning given that term in section 20102 of title 49, United States Code; and''.

    (b) General Authority.--Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is amended to read as follows:

    ``(a) General Authority.--The Secretary shall provide direct loans and loan guarantees to--

    ``(1) State and local governments;

    ``(2) interstate compacts consented to by Congress under section 410(a) of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 nt);

    ``(3) government sponsored authorities and corporations;

    ``(4) railroads;

    ``(5) joint ventures that include at least 1 railroad; and

    ``(6) solely for the purpose of constructing a rail connection between a plant or facility and a second rail carrier, limited option rail freight shippers that own or operate a plant or other facility that is served by no more than a single railroad.''.

    (c) Priority Projects.--Section 502(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(c)) is amended--

    (1) by striking ``or'' after the semicolon in paragraph (5);

    (2) by striking ``areas.'' in paragraph (6) and inserting ``areas;''; and

    (3) by adding at the end the following:

    ``(7) enhance service and capacity in the national rail system; or

    ``(8) would materially alleviate rail capacity problems which degrade the provision of service to shippers and would fulfill a need in the national transportation system.''.

    (d) Extent of Authority.--Section 502(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is amended--

    (1) by striking ``$3,500,000,000'' and inserting ``$35,000,000,000'';

    (2) by striking ``$1,000,000,000'' and inserting ``$7,000,000,000''; and

    (3) by adding at the end ``The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.''.

    (e) Cohorts of Loans.--Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is amended--

    (1) by striking ``and'' after the semicolon in subparagraph (D) of paragraph (2);

    (2) by redesignating subparagraph (E) of paragraph (2) as subparagraph (F);

    (3) by adding after subparagraph (D) of paragraph (2) the following:

    ``(E) the size and characteristics of the cohort of which the loan or loan guarantee is a member; and''; and

    (4) by adding at the end of paragraph (4) ``A cohort may include loans and loan guarantees. The Secretary shall not establish any limit on the proportion of a cohort that may be used for 1 loan or loan guarantee.''.

    (f) Conditions of Assistance.--

    (1) ASSURANCES.--Section 502(h) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)) is amended--

    (A) by inserting ``(1)'' before ``The Secretary'';

    (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); and

    (C) by adding at the end the following:

    ``(2) The Secretary shall not require an applicant for a direct loan or loan guarantee under this section to provide collateral. Any collateral provided or thereafter enhanced shall be valued as a going concern after giving effect to the present value of improvements contemplated by the completion and operation of the project. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously sought the financial assistance requested from another source.

    ``(3) The Secretary shall require recipients of direct loans or loan guarantees under this section to comply with--

    ``(A) the standards of section 24312 of title 49, United States Code, as in effect on September 1, 2002, with respect to the project in the same manner that the National Railroad Passenger Corporation is required to comply with such standards for construction work financed under an agreement made under section 24308(a) of that title; and

    ``(B) the protective arrangements established under section 504 of this Act, with respect to employees affected by actions taken in connection with the project to be financed by the loan or loan guarantee.''.

    (2) TECHNICAL CORRECTION.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended by striking ``offered;'' in subsection (f)(2)(A) and inserting ``offered, if any;''.

    (g) Time Limit and Repayment Schedules.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended by adding at the end the following:

    ``(i) Time Limit for Approval or Disapproval.--Not later than 90 days after receiving a complete application for a direct loan or loan guarantee under this section, the Secretary shall approve or disapprove the application.

    ``(j) Repayment Schedules.--

    ``(1) IN GENERAL.--The Secretary shall establish a repayment schedule requiring payments to commence not later than the sixth anniversary date of the original loan disbursement.

    ``(2) ACCRUAL.--Interest shall accrue as of the date of disbursement, and shall be amortized over the remaining term of the loan beginning at the time the payments begin.''.

    (h) Evaluation Charge.--Section 503(k) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(k)) is amended--

    (1) in the subsection heading, by striking ``Investigation'' and inserting ``Evaluation'';

    (2) by inserting ``the cost of evaluating the application, including'' after ``reasonable charge for''; and

    (3) by adding at the end the following: ``Amounts collected under this subsection shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended to pay for the evaluation costs described in this subsection.''.

    (i) Fees and Charges.--Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended by adding at the end the following new subsection:

    ``(l) Fees and Charges.--Except as provided in this title, the Secretary may not assess any fees, including user fees, or charges in connection with a direct loan or loan guarantee provided under section 502.''.

    (j) Substantive Criteria and Standards.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall publish in the Federal Register and post on the Department of Transportation website the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822). The Secretary of Transportation shall ensure adequate procedures and guidelines are in place to permit the filing of complete applications within 30 days of such publication.

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   SEC. 9004. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

    (a) Study.--The Secretary of Transportation shall, in consultation with State and local government officials, conduct a study of the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties.

    (b) Report on the Impact of Blocked Highway-Railroad Grade Crossings on Emergency Responders.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the results of the study and recommendations for reducing the impact of blocked crossings on emergency response to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

   SEC. 9005. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Section 20142 of title 49, United States Code, is amended by adding at the end the following new subsection:

    ``(e) Track Standards.--

    ``(1) IN GENERAL.--Within 90 days after the date of enactment of this subsection, the Federal Railroad Administration shall--

    ``(A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;

    ``(B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors' areas of responsibility and require that inspectors use those programs when conducting track inspections; and

    ``(C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.

    ``(2) INSPECTION.--Whenever the Administration determines that it is necessary or appropriate, the Administration may require railroads to increase the frequency of inspection, or improve the methods of inspection, of joint bars in continuous welded rail.''.

    (b) Tank Car Standards.--

    (1) AMENDMENT.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new section:``§20155. Tank cars

    ``(a) Standards.--The Federal Railroad Administration shall--

    ``(1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and

    ``(2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars within 18 months after the date of enactment of this section.

    ``(b) Older Tank Car Impact Resistance Analysis and Report.--Within 1 year after the date of enactment of this section the Federal Railroad Administration shall conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989. Within 6 months after completing that analysis the Administration shall transmit a report, including recommendations for reducing any risk of catastrophic fracture and separation of such cars, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ''.

    (2) TABLE OF SECTIONS AMENDMENT.--The table of sections for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new item:

   ``20155..Tank cars.''.

   SEC. 9006. ALASKA RAILROAD.

    (a) Grants.--The Secretary shall make grants to the Alaska Railroad for capital rehabilitation and improvements benefiting its passenger operations.

    (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

   SEC. 9007. STUDY OF RAIL TRANSPORTATION AND REGULATION.

    (a) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an arrangement with the Transportation Research Board of the National Academy of Sciences to conduct a comprehensive study of the Nation's railroad transportation system since the enactment of the Staggers Rail Act of 1980. The study shall address and make recommendations on--

    (1) the performance of the Nation's major railroads regarding service levels, service quality, and rates;

    (2) the projected demand for freight transportation over the next two decades and the constraints limiting the railroads' ability to meet that demand;

    (3) the effectiveness of public policy in balancing the need for railroads to earn adequate returns with those of shippers for reasonable rates and adequate service; and

    (4) the future role of the Surface Transportation Board in regulating railroad rates, service levels, and the railroads' common carrier obligations, particularly as railroads may become revenue adequate.

    (b) Report to Congress.--Not later than 1 year after the Secretary and the Transportation Research Board enter into the arrangement for the study, the Secretary shall transmit the results of the study conducted under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

    (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $1,000,000 for fiscal year 2006 and $800,000 for fiscal year 2007 to carry out this section. Such sums are to remain available until expended.

   SEC. 9008. HAWAII PORT INFRASTRUCTURE EXPANSION PROGRAM.

    (a) In General.--Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Hawaii Port Infrastructure Expansion Program, and any non-Federal contributions made available for that program, shall be--

    (1) transferred to and administered by the Administrator of the Maritime Administration; and

    (2) subject only to such conditions and requirements as may be required by the Maritime Administration.

    (b) Intermodal Authorizations.--

    (1) INTERMODAL CENTERS.--Notwithstanding any other provision of law, an intermodal or marine facility described in subsection (a) is eligible for funding under section 5309(m)(1)(C) of title 49, United States Code.

    (2) INTERMODAL SURFACE FREIGHT TRANSFER FACILITY ELIGIBILITY.--Notwithstanding any other provision of law, an intermodal or marine facility described in subsection (a) is deemed to be eligible to be an intermodal surface freight transfer facility for the purposes of section 181(9)(D) of title 23, United States Code.

    (c) Authorization of Appropriations.--

    (1) IN GENERAL.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this section.

    (2) NO LIMITATION.--Nothing in paragraph (1) shall be construed--

    (A) to limit or prevent the transfer or administration under subsection (a) of any funds appropriated or otherwise made available pursuant to any other authorization of appropriations or by any appropriations Act; or

    (B) to limit the application of subsection (b) to title 49, United States Code.

   TITLE X--MISCELLANEOUS PROVISIONS

   Subtitle A--Sportfishing and Recreational Boating Safety

   SEC. 10101. SHORT TITLE.

    This subtitle may be cited as the ``Sportfishing and Recreational Boating Safety Act of 2005''.

CHAPTER 1--DINGELL-JOHNSON SPORT FISH RESTORATION ACT AMENDMENTS

    Except as otherwise expressly provided, whenever in this chapter an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.).

   SEC. 10112. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 3 (16 U.S.C. 777b) is amended--

    (1) by striking ``the succeeding fiscal year.'' in the third sentence and inserting ``succeeding fiscal years.''; and

    (2) by striking ``in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport and recreation.'' and inserting ``to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States, as provided for in section 4(c).''.

    (b) Conforming Amendments.--

    (1) IN GENERAL.--The first sentence of section 3 (16 U.S.C. 777b) is amended--

    (A) by striking ``Sport Fish Restoration Account'' and inserting ``Sport Fish Restoration and Boating Trust Fund''; and

    (B) by striking ``that Account'' and inserting ``that Trust Fund, except as provided in section 9504(c) of the Internal Revenue Code of 1986''.

    (2) EFFECTIVE DATE.--The amendments made by paragraph (1) take effect on October 1, 2005.

   SEC. 10113. DIVISION OF ANNUAL APPROPRIATIONS.

    Section 4 (16 U.S.C. 777c) is amended--

    (1) by striking subsections (a) through (c) and redesignating subsections (d), (e), (f), and (g) as subsections (b), (c), (d), and (e), respectively;

    (2) by inserting before subsection (b), as redesignated by paragraph (1), the following:

    ``(a) In General.--For each of fiscal years 2006 through 2009, the balance of each annual appropriation made in accordance with the provisions of section 3 remaining after the distributions for administrative expenses and other purposes under subsection (b) and for multistate conservation grants under section 14 shall be distributed as follows:

    ``(1) COASTAL WETLANDS.--An amount equal to 18.5 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.--An amount equal to 18.5 percent to the Secretary of the department in which the Coast Guard is operating for State recreational boating safety programs under section 13106 of title 46, United States Code.

    ``(3) CLEAN VESSEL ACT.--An amount equal to 2.0 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.--An amount equal to 2.0 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.--An amount equal to 2.0 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

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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 (c) of this section.'';

    (3) by striking (b)(1)(A), as redesignated by paragraph (1), and inserting the following:

    ``(A) SET-ASIDE FOR ADMINISTRATION.--From the annual appropriation made in accordance with section 3, for each of fiscal years 2006 through 2009, the Secretary of the Interior may use no more than the amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in the implementation of this Act, in accordance with this section and section 9. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year.'';

    (4) by striking ``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'' in subsection (c), as redesignated by paragraph (1), and inserting ``Secretary, for each of fiscal years 2006 through 2009, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for grants under section 14 of this title, shall apportion 57 percent of the balance'';

    (5) by striking ``per centum'' each place it appears in subsection (c), as redesignated by paragraph (1), and inserting ``percent'';

    (6) by striking ``subsections (a), (b)(3)(A), (b)(3)(B), and (c)'' in paragraph (1) of subsection (e), as redesignated by paragraph (1), and inserting ``paragraphs (1), (3), (4), and (5) of subsection (a)''; and

    (7) by adding at the end the following:

    ``(f) Transfer of Certain Funds.--Amounts available under paragraphs (3) and (4) of subsection (a) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred to the Secretary of the department in which the Coast Guard is operating and shall be expended for State recreational boating safety programs under section 13106(a) of title 46, United States Code.''.

   SEC. 10114. MAINTENANCE OF PROJECTS.

    Section 8 (16 U.S.C. 777g) is amended--

    (1) by striking ``in carrying out the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation.'' in subsection (b)(2) and inserting ``to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 4(c).''; and

    (2) by striking ``subsection (c) or (d)'' in subsection (d)(3) and inserting ``subsection (a)(5) or subsection (b)''.