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

   Senate Bill

   Sec. 1105.

   This section changes the calculation of Revenue Aligned Budget Authority under Section 110 of Title 23, United States Code.

   A new method of determining RABA is established in this section. This provision amends section 110 of Title 23, to extend the RABA provision through FY 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. Under the new method, no reduction to apportionments are made for RABA for a fiscal year if the cash balance of the highway trust fund (other than the mass transit account) exceeds $6,000,000,000 on October 1 of that fiscal year.

   Conference Substitute

   The Conference adopts concepts from both the House and Senate provisions. This provision changes the calculation of Revenue Aligned Budget Authority under Section 110 of Title 23 to ensure greater stability in program funding level adjustments.

   A new method of determining RABA is established in this section. This provision amends section 110 of Title 23, to extend the RABA provision through FY 2009. RABA calculations will be spread over 2 fiscal years, rather than in a single year as in TEA-21.

   For fiscal year 2007, any positive RABA amounts will be applied to increasing the minimum rate of return for donor States as close to 92 percent as possible. Any remaining funds are to be distributed proportionally.

   Under the new method, no reduction to apportionments are made for RABA for a fiscal year if the cash balance of the highway trust fund (other than the mass transit account) exceeds $6,000,000,000 on October 1 of that fiscal year.

   SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1801.

   This section replaces the 12-year requirement with a 20-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 20 years.

   Conference Substitute

   The Conference adopts the Senate provision with a modification to change the timeframes from 20 years to 25 years.

   SEC. 1107. METROPOLITAN PLANNING

   House Bill

   Sec. 1816.

   This section requires the States to distribute planning funds to the metropolitan planning organizations within 30 days of receipt of such funds from the Secretary.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision with a modification to increase the set-aside for metropolitan planning funds from 1 percent to 1.25 percent.

   SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1302.

   This section clarifies and authorizes the transferability of funds from the Highway Trust Fund.

   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.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1109. RECREATIONAL TRAILS

   House Bill

   Sec. 1119.

   This section makes various improvements to the recreational trails program established in section 206 of Title 23, U.S. Code.

   Subsection (a) amends 23 USC 104(h) to permit the use of administrative funds for training and deletes reference to the National Recreational Trails Advisory Committee.

   Subsection (b) amends 23 USC 206(d)(2) regarding permissible uses of funds to include assessment of trail conditions and to clarify that new trails on Federal lands must be recommended in a statewide comprehensive outdoor recreation plan.

   Subsection (c) strikes 23 USC 206 (b)(3)(C), which permits States to waive requirements regarding distribution of funds for various types of projects.

   Subsection (d) amends 23 USC 206(f) to provide that the federal share for recreational trails projects shall be determined in accordance with section 120(b) of Title 23 and allows recreational trails funds to be used toward the Federal share of certain other Federal programs.

   Subsection (e) amends 23 USC 206(h)(1) to provide that pre-approval planning and environmental compliance costs can be credited toward the non-Federal share of a project.

   Subsection (f) directs the Secretary to encourage the States to use qualified youth conservation or service corps to complete trail projects.

   Senate Bill

   Sec. 1603.

   This section allows funds to be used to provide and maintain recreational trails for motorized and nonmotorized recreational trail uses.

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   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, 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 Recreational Trails Program (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.

   Conference Substitute

   The Conference adopts the House provision with a modification to add the Senate provision (H) under ``Permissible Uses'' which allows for the development and dissemination of publications and operation of educational programs to promote safety and environmental protection, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training. The Conferees change the administrative expenses from a percentage of program funding to a specific annual authorization.

   SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES

   House Bill

   Sec. 1107.

   This section amends Section 109(e) of Title 23 and Section 112 of Title 23 to require that contracts for federally funded highway construction projects include costs for appropriate safety measures. The amendment to Section 109 requires that temporary traffic control devices be installed and maintained during construction and maintenance projects in order to provide protection for construction workers. The amendment to Section 112 requires the Secretary to issue regulations establishing the conditions for and the appropriate use of Federal funds for uniformed law enforcement officers, positive protective measures between traffic and workers, and installation of temporary traffic control devices during construction and maintenance projects.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House position.

   SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS

   House Bill

   Sec. 1115.

   This section eliminates the Interstate Maintenance Discretionary program in Section 118 of Title 23. The Committee does not intend to have any changes to this program affect any projects that have already been funded under this program.

   Senate Bill

   Sec. 1805.

   This section continues the interstate discretionary project set-aside listed in section 118(c)(1) of title 23 for fiscal years 2005 through 2009 and increases the amount.

   Conference Substitute

   The Conference adopts the Senate position.

   SEC. 1112. EMERGENCY RELIEF

   House Bill

   Sec. 1110.

   This section authorizes additional amounts for this program above the $100 million per year to be derived from the General Fund. It is the Committee's intent that if there is a need for additional funds over and above the annually authorized level of $100 million that those funds be appropriated from the General Fund.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House version.

   SEC. 1113. SURFACE TRANSPORTATION PROGRAM

   House Bill

   Sec. 1111.

   This section continues the requirement in Section 133(f)(1) of Title 23 that States suballocate a portion of their Surface Transportation Program funds to urbanized areas with over 200,000 individuals.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision with a modification to add eligibility for projects relating to intersections that have high accident rates or high levels of congestion on the Federal-aid system.

   SEC. 1114. HIGHWAY BRIDGE PROGRAM

   House Bill

   Sec. 1116.

   Subsection (a) retains the principles for applications for and approval of Federal assistance for bridge replacement or rehabilitation allowed in current law. It also includes additional language to allow Federal participation in preventive maintenance on a bridge, as well as, installing scour countermeasures to a bridge.

   Subsection (b) continues the discretionary bridge program and subsection (c) changes the lower bound for the off-system set-aside from 15 percent to 20 percent.

   Senate Bill

   Sec. 1807.

   The Highway Bridge Program provides funds to assist States in improving the condition of their bridges, through replacement, rehabilitation, and systematic preventive maintenance.

   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. This section also increased bridge discretionary funding to $133,962,264.

   Conference Substitute

   The Conference agrees to accept the House provision with modifications. The off-system bridge set-aside is to remain as current law at 15 percent and the Federal share for highway bridges projects is now eligible for up to 90 percent.

   SEC. 1115. HIGHWAY USE TAX EVASION PROJECTS

   House Bill

   Sec. 1112.

   This section continues the existing program to combat highway use tax evasion and makes changes designed to reduce tax evasion and increase receipts into the Highway Trust Fund.

   The Highway Use Tax Evasion program supports State and Federal efforts to enhance motor fuel tax enforcement. To make the program more effective, this provision would amend section 143 of title 23 to: (1) dedicate funding for intergovernmental enforcement efforts; (2) allow projects for identification of tax evasion in the area of foreign imported fuel; (3) assist States and Indian Tribes in addressing issues related to the collection of State motor fuel taxes; and (4) provide for annual reporting on examinations, criminal investigations, and audits by the States and the Internal Revenue Service (IRS).

   Senate Bill

   Comparable provision in Senate finance title.

   Conference Substitute

   The Conference agrees to the House provision with funding modifications.

   SEC. 1116. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

   House Bill

   Sec. 1113.

   This section directs the Secretary to apportion funds made available for the Appalachian Development Highway System (ADHS) among the states on the basis of the estimated cost to complete the system. It specifies that such funds are subject to title 23 requirements and are available to construct ADHS highways and access roads. It also prohibits the use of toll revenues as non-federal match for the construction, improvement, and maintenance of highways, bridges, or tunnels.

   Senate Bill

   Sec. 1808.

   The Appalachian Development Highway System program provides funds for the construction of the Appalachian corridor highways in thirteen States and for the establishment of a State-Federal framework to meet the needs of the region.

   This section prescribes 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 projects funded under the Appalachian development highway system program under subtitle IV of title 40.

   Conference Substitute

   The Conference adopts the House version.

   SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM

   House Bill

   Sec. 1117.

   This section reauthorizes the program for fiscal years 2004 through 2009. It prohibits funds made available for this program from being transferred to other programs, and establishes the federal cost share for projects carried out under this program in accordance with section 120(b) of title 23. Subsection (c) establishes a pilot program to support transportation planning and public participation in decision making.

   Senate Bill

   Sec. 1813.

   This section continues the Transportation and Community and System Preservation (TCSP) Pilot Program, a comprehensive initiative of research and implementation grants to investigate the relationships between transportation and community and system preservation, as well as private sector-based initiatives. This section also makes TCSP projects STP eligible.

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   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 transportation, community, and system preservation plans and practices.

   Conference Substitute

   The conference agrees to the Senate provision with modifications to drop subsection (b)(18) from the Senate passed bill and move (19) to an eligible activity under the Surface Transportation Program. The conference also agreed to not codify this program.

   SEC. 1118. TERRITORIAL HIGHWAY PROGRAM

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1818.

   The changes made in section 215 of title 23 update and consolidate the statutory provisions governing the territorial highway program.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1119. FEDERAL LANDS HIGHWAYS

   House Bill

   Sec. 1120.

   Subsection (a) amends the contracting provisions of the Indian reservation roads program in section 202(d)(3) of title 23. This section was added to the United States Code in TEA 21. The Committee felt at that time that the congressional intent with regard to tribal contracting authority was clear. Unfortunately, the Committee now believes the full intent of the TEA 21 amendments has not been fulfilled. This subsection aims to clarify the intent of the Committee on this important point for the Indian tribes.

   The Committee is aware that certain tribes currently possess the ability to carry out themselves, or contract directly with outside providers, highway, bridge, and transit projects that are located on Indian reservations or that provide access to the reservations, including planning, research, engineering, and construction activities relating to such projects. Other tribes are developing their ability to perform those functions.

   This amendment to section 202(d)(3) of title 23 is intended to empower Indian tribes that have the ability and interest to carry out the activities in-house or to contract directly with outside providers for the activities consistent with the Indian Self-Determination and Education Assistance Act. It allows tribes to choose, on a project-by-project basis, those activities that they want to perform themselves or to contract directly with outside providers. At the same time, existing capabilities within the Bureau of Indian Affairs are retained to support tribes that do not have such ability or interest. It directs that funds be paid directly by the Federal Highway Administration (FHWA) to the Indian tribal government when a tribe carries out, or contracts directly with outside providers for a planning, research, engineering, or construction activity relating to a highway, bridge, or transit project located on an Indian reservation or that provides access to the reservation. Furthermore, it directs FHWA to determine the amount of funds for such activity and project that is to be received by the Indian tribe according to the funding formula established under section 202(d) of title 23, without deducting from it any non-project-related administrative take-down or project management costs imposed by the Bureau of Indian Affairs or the Department of the Interior.

   Senate Bill

   Sec. 1806.

   The Federal Lands Highway Program provides funding for a coordinated program of public roads and transit facilities serving Federal and Indian lands.

   Section 101 of title 23 is amended to include new definitions for `recreation roads' and `public forest service roads,' to reflect new classes of Federal lands highways. It also changes 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.

   The Federal Lands Highways program allocation in section 202 of title 23, USC 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; (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; (5) establish a demonstration program under which eligible tribes may enter into contracts and agreements with the Secretary of Transportation under the Indian Self-Determination and Education Assistance Act; (6) authorize $13,396,226 annually for IRR bridge planning, design, engineering, preconstruction, construction and inspection; and (7) make Indian reservation road maintenance expenses eligible for funding up to certain amounts.

   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.

   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 those consisting of one or more of the following elements: roadway widening, adding shoulders, paving of gravel roads, gravelling of earth roads, rebuilding of the roadway subgrade, reshaping the roadway surface, replacing culverts, rehabilitation or widening of bridges, minor grade and curvature adjustments to short sections of roads, and the installation of signs, pavement striping, guardrails and other safety hardware.

   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. Safety funding is distributed among the Bureau of Reclamation, the Bureau of Indian Affairs, the Bureau of Land Management, the Forest Service, the Fish and Wildlife Service, and the Army Corps of Engineers.

   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.

   Conference Substitute

   The conference adopts the Senate provision with several modifications. New funding and eligibility categories for safety and recreation roads are eliminated. Specific dollar amounts are identified for program management oversight and project-related administrative expenses of the Bureau of Indian Affairs equaling roughly 6 percent of each year's program allocation. These amounts are still subject to reduction upon a tribe's request for use in carrying out contracts and agreements in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).