SAFETEA-LU

(This measure has not been amended since the Conference Report was filed in the House on July 28, 2005. The summary of that version is repeated here.)

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU - Title I: Federal-Aid Highways - Subtitle A: Authorization of Programs - (Sec. 1101) Authorizes appropriations through FY2009 for highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate maintenance program; (2) the National Highway System (NHS); (3) the bridge program; (4) the surface transportation program; (5) the congestion mitigation and air quality improvement program; (6) the highway safety improvement program; (7) the Appalachian development highway system program; (8) the recreational trails program; (9) the federal lands highways program; (10) the national corridor infrastructure improvement program; (11) the coordinated border infrastructure program; (12) the national scenic byways program; (13) construction of ferry boats and ferry terminal facilities; (14) the Puerto Rico highway program; (15) the projects of national and regional significance program; (16) the high priority projects program; (17) the safe routes to school program; (18) the deployment of magnetic levitation transportation projects; (19) the national corridor planning and development and coordinated border infrastructure programs (FY2005 only); (20) highways for life; and (21) highway use tax evasion projects.

Requires that a specified percentage of such funds be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(Sec. 1102) Sets forth ceiling obligations through FY2009 for: (1) federal-aid highway and highway safety construction programs, with specified exceptions; and (2) contract authority for certain transportation research programs. Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for federal-aid highway amounts for specified federal highway programs, including certain transportation research programs and high priority transportation projects. Provides for the redistribution of any unused obligation limitation on federal-aid highways amounts (including certain authorized funds) to the states.

(Sec. 1103) Authorizes appropriations for FY2005-FY2009 for administrative expenses of the Federal Highway Administration (FHA) and the Appalachian Regional Commission in administering specified federal-aid highway programs. Reauthorizes appropriations for the Alaska Highway through FY2009. Authorizes appropriations for FY2005-FY2009 for the NHS to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.

Revises the formula for the apportionment of federal-aid highway funds under the Congestion Mitigation and Air Quality (CMAQ) Improvement program for areas designated as a nonattainment or maintenance area for ozone or carbon monoxide.

Provides set-asides for FY2005 (including authorization of appropriations from the HTF for FY2006-FY2009) for: (1) Operation Lifesaver; and (2) railway-highway crossing hazard elimination in high speed rail corridors. Sets aside amounts for FY2005-FY2009 for eligible improvements to the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor.

(Sec. 1104) Revises federal highway funding minimum guarantee provisions to establish the Equity Bonus Program (effectively replacing the Minimum Guarantee Program).

Requires the Secretary of Transportation (Secretary), for each of FY2005-FY2009, to allocate among the states amounts sufficient to ensure that no state: (1) receives a percentage of the total apportionments for the fiscal year for specified federal-aid highway programs that is less than a specified formulated percentage; and (2) before making the allocations, receives a combined total of such allocated amounts, apportionments for specified federal-aid highway programs and amounts allocated under this section, that is less than 117% to 121% of the average for FY1998-FY2003 of the annual apportionments for the state for certain federal-aid highway programs.

Prohibits metropolitan planning set-aside requirements from applying to such state allocations. Authorizes appropriations from the HTF for FY2005-FY2009.

(Sec. 1105) Extends through October 15 of FY2007 and each fiscal year thereafter requirements for the alignment of highway spending with revenues (Revenue Aligned Budget Authority (RABA)). Prohibits a reduction under RABA or SAFETEA-LU in the amount of sums authorized 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) if the balance in the HTF exceeds $6 billion.

(Sec. 1106) Amends federal highway law to extend from 12 to 25 years the length of time after a federal-state agreement during which a highway on the National Highway System designated as a future addition to the Interstate System must meet all Interstate System standards.

(Sec. 1107) Directs the Secretary to set-aside for each fiscal year 1.25% (currently, 1%) of federal-aid highway funds for Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge replacement and rehabilitation programs to carry out metropolitan planning.

(Sec. 1108) Authorizes the transfer of highway and transit project or transportation planning funds to the Secretary. Authorizes the Secretary, at state request, to transfer highway and transit funds allocated to the state to another state, or to the Federal Highway Administration (FHA), to fund one or more eligible transportation projects.

Authorizes surface transportation program funds allocated to an urbanized area of a state with a population of over 200,000 to be transferred only if the metropolitan planning organization (MPO) concurs with the transfer request.

(Sec. 1109) Directs the Secretary, before apportioning amounts to carry out the recreational trails program, to deduct $840,000 for FY2005-FY2009 for administrative, research, technical assistance, and training expenses for such program. Revises guidelines for permissible uses of funds apportioned for the recreational trails program.

(Sec. 1110) Conditions approval of federal-aid highway funds upon installation and maintenance of proper temporary traffic control devices to improve safety in work zones during construction, utility, and maintenance operations.

(Sec. 1111) Specifies set-asides for FY2005-FY2009 for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or toll road on the Interstate System.

(Sec. 1112) Authorizes appropriations for each fiscal year for allocations of emergency relief for the repair of damage to highways, roads, and trails (including Indian reservations) owing to a natural disaster if the total of those allocations in such fiscal year are in excess of $100 million.

(Sec. 1113) Authorizes a state to obligate surface transportation program funds apportioned to it for: (1) capital and operating costs for advanced truck stop electrification systems; and (2) projects relating to intersections that have disproportionately high accident rates, high levels of congestion, and are located on a federal-aid highway.

Repeals a safety programs set-aside under the surface transportation program.

Extends through FY2009 the requirements of states under the surface transportation program to make a portion of certain funds for urbanized areas with a population of over 200,000 available for federal-aid highways and highway safety construction programs.

(Sec. 1114) Revises requirements for state applications for and approval of assistance for highway bridge replacement or rehabilitation. Authorizes the Secretary to approve federal participation in systematic preventive maintenance on a bridge and the installation of scour countermeasures. Requires the Secretary to determine the eligibility of highway bridges for replacement or rehabilitation for each state based on structurally deficient and functionally obsolete (currently, unsafe) highway bridges in the state.

Extends the mandatory set-aside for off-system bridges through FY2009, repealing the 35% ceiling on the amount of a state apportionment for such set-aside.

Provides a set-aside for FY2005 for the discretionary bridge program. Provides set-asides for FY2006-FY2009 for designated projects under the discretionary bridge program.

Requires the Secretary to report annually in the Federal Register on construction materials used in new federal-aid bridge construction and bridge rehabilitation projects.

(Sec. 1115) Designates funds for FY2005-FY2009 to implement specified intergovernmental projects for enforcement of the highway use tax. Revises requirements for the fuel excise tax reporting system.

(Sec. 1116) Directs the Secretary to apportion funds under this Act for the Appalachian development highway system for FY2005-FY2009 among the States based on the latest available cost-to-complete estimate for the system.

(Sec. 1117) Directs the Secretary to establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships.

Requires the Secretary to allocate funds to states, metropolitan planning organizations (MPOs), local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices.

Authorizes appropriations for FY2005-FY2009.

(Sec. 1118) Amends federal highway law to revise requirements of the territorial highway program to make program funds available to the U.S. territories for: (1) surface transportation program projects; and (2) ferry boats, terminal facilities, and approaches.

(Sec. 1119) Authorizes a state 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 to direct the Secretary to transfer the funds for the federal share of the project directly to the federal agency.

Requires the Secretary on October 1 of each fiscal year to allocate sums appropriated for forest development roads and trails according to the relative needs of the various grasslands (as well as, under current law, national forests).

Requires the Secretary of the Interior to distribute Indian reservation road funds, within 30 days after availability, and for immediate use, to Indian tribes in accordance with the distribution formula under the Indian reservation roads program. Limits the use of such funds to projects identified in a transportation improvement program approved by the Secretary.

Earmarks a portion of funds for Indian reservation roads for FY2006-FY2009 for program management, oversight, and project-related administrative expenses.

Authorizes an Indian tribe to commence road and bridge construction with Indian reservation road funds if it provides assurances that the construction will meet or exceed applicable health and safety standards.

Directs the Secretary, in cooperation with the Secretary of the Interior, to complete, and report to Congress, a national inventory of tribal transportation facilities eligible for assistance under the Indian reservation roads program.

Authorizes appropriations for FY2005-FY2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to improve deficient Indian reservation road bridges, including multiple-pipe culverts.

Revises Indian contracts and agreements requirements with respect to the provision of Indian reservation road funds. Allows an Indian tribe and a state to enter into a road maintenance agreement under which the tribe assumes state responsibilities for Indian reservation roads, including roads providing access to such roads.

Establishes within the office of the Secretary of the Department of Transportation (DOT) a presidentially appointed Deputy Assistant Secretary for Tribal Government Affairs to plan and implement DOT policy and programs serving Indian tribes and to coordinate tribal transportation programs in DOT.

Earmarks an amount of public lands highway funds for each fiscal year for: (1) maintenance of forest highways; (2) signage identifying public public hunting and fishing access; and (3) the costs of facilitating the passage of aquatic species beneath National Forest System roads, including costs of constructing, maintaining, replacing, or removing culverts and bridges.

Directs the Secretary to study and report to Congress on methods to reduce collisions between motor vehicles and wildlife. Requires the Secretary, based on the study results, to develop a best practices manual to support state efforts to reduce wildlife vehicle collisions.

(Sec. 1120) Directs the Secretary to allocate funds for FY2005-FY2009 for the Puerto Rico highway program. Sets forth a formula for the apportionment of such funds to Puerto Rico.

(Sec 1121) Requires a state agency with jurisdiction over the operation of a high-occupancy vehicle (HOV) facility to establish occupancy requirements for vehicles of at least two occupants per vehicle.

Requires such agency to permit motorcycles and bicycles to use the HOV facility, unless such use would constitute a safety hazard.

Prescribes guidelines under which a state agency may permit use of an HOV facility by: (1) public transportation vehicles and high occupancy toll vehicles; and (2) inherently low-emission vehicles and low emission and energy-efficient vehicles.

Permits tolls to be charged on a HOV facility on the Interstate System.

Requires a state agency that allows low-emission and energy-efficient vehicles to use a HOV facility to certify to the Secretary that it will establish: (1) a continuous monitoring, assessment, and reporting program regarding the impact of such vehicles on the facility and adjacent highways; and (2) an enforcement program that ensures the facility is operated in accordance with this Act.

Directs the Administrator of the Environmental Protection Agency to issue a final rule establishing certification requirements for low-emission and energy-efficient vehicles and for making certain vehicle comparisons and performance calculations.

Expresses the sense of Congress that the Secretary and the states should provide additional incentives (including the use of HOV lanes on state and Interstate highways) for the purchase and use of hybrid and other fuel efficient vehicles which have been proven to minimize air emissions and decrease consumption of fossil fuels.

(Sec. 1122) Modifies the definition of "transportation enhancement activity" to include inventory of outdoor advertising (thus authorizing such activity as eligible for federal-aid highway funds). Defines "advanced truck stop electrification system" as a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle (thus authorizing such activity as eligible for federal-aid highway funds).

Subtitle B: Congestion Relief - (Sec. 1201) Directs the Secretary to establish a real-time system management information program to provide, in all states, the capability to: (1) monitor, in real-time, the traffic and travel conditions of the Nation's major highways; and (2) share that information to improve surface transportation system security, address congestion problems, support improved response to weather and transportation incidents, and facilitate national and regional highway traveler information.

Directs the Secretary to establish data exchange formats to ensure that data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional lines facilitating nationwide availability of information. Authorizes a state, subject to approval by the Secretary, to obligate apportioned federal-aid highway funds for activities relating to the planning and deployment of real-time monitoring systems.

Subtitle C: Mobility and Efficiency - (Sec. 1301) Directs the Secretary to establish: (1) a program to provide grants to states for surface transportation projects of national and regional significance (allocating grant amounts for FY2005-FY2009 for specified projects); (2) a program to make allocations to states for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade (allocating grant amounts for FY2005-FY2009 for specified projects); (3) a coordinated border infrastructure program to distribute funds to border states to improve the safe movement of motor vehicles between the United States and Canada and Mexico; (4) a pilot program to address the shortage of long-term parking for commercial motor vehicles on the NHS (authorizing appropriations for FY2006-FY2009); (5) a freight intermodal distribution pilot grant program to relieve congestion and improve safety (authorizing appropriations for FY2005-FY2009); (6) a Delta Region transportation development program in Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee for multistate highway planning, development, and construction projects (authorizing appropriations for FY2006-FY2009); and (7) an interstate oasis program.

(Sec. 1304) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise high priority corridors on the NHS to include identification of evacuation routes. Revises the item descriptions of specified high priority corridors on the NHS. Identifies specified high priority corridors for inclusion on the NHS.

Authorizes appropriations.

(Sec. 1307) Directs the Secretary to allocate 50% of funds made available for the deployment of magnetic levitation (MAGLEV) transportation projects for the MAGLEV project between Las Vegas and Primm, Nevada, and 50% for a MAGLEV project located east of the Mississippi River.

Subtitle D: Highway Safety - (Sec. 1401) Amends federal highway law to replace requirements for the development of a national scenic and recreational highway with a Highway Safety Improvement Program (HSIP), aimed at achieving a significant reduction in traffic fatalities and serious injuries on public roads. Requires a state to have in effect a highway safety improvement program meeting specified criteria.

Includes among eligible projects any highway safety improvement project on a public road or publicly owned bicycle or pedestrian pathway or trail.

Requires a state to set-aside a specified amount of funds for construction and operational improvements on high risk rural roads.

Sets the federal share of highway safety improvement projects at 90%.

(Sec. 1402) Directs the Secretary to issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers on or in close proximity to a federal-aid highway to wear high visibility garments.

(Sec. 1403) Directs the Secretary to study and report to Congress on the safety of highway toll collection facilities (including toll booths and collectors). Authorizes appropriations for FY2006.

(Sec. 1404) Directs the Secretary to establish a safe routes to school program for children in primary and middle schools to facilitate the planning, development, and implementation of projects and activities improving safety and reduce traffic, fuel consumption, and air pollution in the vicinity of the schools.

Directs the Secretary to make grants to a national nonprofit organization to provide technical assistance and disseminate techniques and strategies for successful programs.

Establishes a national safe routes to school task force to develop a strategy for advancing safe routes to school programs nationwide.

(Sec. 1405) Directs the Secretary to carry out a program to improve traffic signs and pavement markings in all states consistent with certain FHA recommendations for accommodation of older drivers and pedestrians. Authorizes appropriations for FY2005-FY2009.

(Sec. 1406) Authorizes appropriations for FY2005 for safety incentive grants to states for use of seat belts.

(Sec. 1407) Prescribes an administrative penalty of withholding certain federal highway program funds by specified increasing percentages from FY2004 though FY2007 and after for states that have not enacted a 0.08 drunk driving law. Authorizes appropriations for FY2005.

(Sec. 1408) Directs the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, to: (1) update the FHA Policy on Implementation of the report of the Transportation Research Board of the National Research Council entitled "NCHRP Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features;" and (2) publish guidance regarding the conditions under which states should improve or replace highway features on the NHS with features tested and found acceptable under the guidelines.

(Sec. 1409) Establishes a work zone safety grant program. Authorizes the Secretary to make grants to nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. Authorizes appropriations for FY2006-FY2009.

Requires the Secretary to ensure that a non-domiciled resident worker employed on a remote project for the construction of a highway located on a federal-aid highway in Alaska receives meals and lodging.

(Sec. 1410) Directs the Secretary to make grants for FY2006-FY2009 to a nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse to assemble and disseminate information relating to improvement of roadway work zone safety. Authorizes appropriations for FY2006-FY2009.

(Sec. 1411) Directs the Secretary to enter into an agreement to assist a national nonprofit organization dedicated solely to improving public road safety by promoting public road safety research and technology transfer activities. Authorizes appropriations for FY2006-FY2009.

Directs the Secretary to make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety to disseminate techniques and strategies for improving bicycle and pedestrian safety. Authorizes appropriations for FY2005-FY2009.

(Sec. 1412) Authorizes a state to permit electrification or other idling reduction facilities and equipment for use by commercial motor vehicles to be placed in rest and recreation areas (including safety rest areas) on rights-of-way of the Interstate System, so long as such idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area.

Subtitle E: Construction and Contract Efficiency - (Sec. 1501) Revises advance construction requirements to authorize a state to proceed with highway construction projects: (1) without the use of federal funds; and (2) in accordance with all applicable procedures and requirements other than those that limit the state to project implementation with the aid of federal funds or previously apportioned obligation authority. Authorizes the Secretary, upon state request, to obligate all or a portion of the federal share of a project from any category of funds for which the project is eligible.

(Sec. 1502) Directs the Secretary to establish and implement the Highways for LIFE Pilot Program to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges.

(Sec. 1503) Repeals the minimum cost requirements of a qualified project using design-build contracting.

Requires the Secretary to issue revised regulations that: (1) do not preclude a state transportation department or local transportation agency, prior to compliance with certain environmental requirements, from issuing requests for proposals or proceeding with awards of design-build contracts; (2) require concurrence from the Secretary before carrying out such activities; and (3) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the environmental process.

Subtitle F: Finance - (Sec. 1601) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise guidelines governing projects, project eligibility, project selection, secured loans, lines of credit, repayment and program administration. Sets funding levels through FY2009 for the TIFIA program.

(Sec. 1602) Authorizes the Secretary to enter into cooperative agreements with states for the establishment of state infrastructure banks for making loans and providing other forms of credit assistance to public and private entities for rail and highway projects.

(Sec. 1603) Sets forth requirements for the use of excess transportation funds and transportation funds for inactive projects.

(Sec. 1604) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to authorize appropriations for FY2005-FY2009 for the value pricing pilot program. Earmarks an amount for FY2006-FY2009 for congestion pricing pilot projects that do not involve highway tolls.

Establishes: (1) an express lanes demonstration program to collect tolls to manage high levels of congestion and to reduce pollutant emissions in nonattainment areas; and (2) an Interstate System construction toll pilot program which permits a state to collect tolls on a highway, bridge, or tunnel on the System to construct Interstate highways.

Subtitle G: High Priority Projects - (Sec. 1701) Modifies the High Priority Projects Program to reflect the authorization of appropriations detailed in this Act.

(Sec. 1702) Earmarks funds for specified high priority projects for FY2005-FY2009.

(Sec. 1703) Amends the Transportation Equity Act for the 21st Century (TEA-21) and ISTEA to revise the specifications for certain high priority transportation projects.

Subtitle H: Environment - (Sec. 1801) Amends federal highway law to replace priority primary route provisions with a requirement that the Secretary carry out a program for construction of ferry boats and ferry terminal and maintenance facilities, at an 80% federal cost share. Directs the Secretary to give priority in the allocation of federal-aid highway funds to ferry systems, and public entities responsible for developing ferries, that: (1) provide critical access to areas that are not well-served by other modes of surface transportation; (2) carry the greatest number of passengers and vehicles; or (3) carry the greatest number of passengers in passenger-only service.

Sets aside specified amounts for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within NHS marine highway systems, including certain amounts for Alaska, New Jersey, and Washington state.

Authorizes appropriations for FY2006 and each fiscal year thereafter.

Establishes a national ferry base. Authorizes appropriations for FY2006-FY2009.

(Sec. 1802) Authorizes an Indian tribe to nominate a road as a National Scenic Byway only if a federal land management agency (other than the Bureau of Indian Affairs), a state, or a local governmentdoes not have jurisdiction over, or responsibility for managing, the road. Requires Indian tribes to maintain the safety and quality of such roads.

(Sec. 1803) Directs the Secretary to allocate funds to the America's Byways Resource Center. Authorizes appropriations for FY2005-FY2009.

(Sec. 1804) Directs the Secretary to make grants to states that demonstrate a need for assistance in carrying out historic covered bridge preservation projects. Authorizes appropriations for FY2006-FY2009.

(Sec. 1805) Requires a state that demolishes a bridge or an overpass eligible for federal assistance under the highway bridge replacement and rehabilitation program to first make the demolition debris available for beneficial use by a federal, state, or local government, unless such use obstructs navigation.

(Sec. 1806) Amends TEA-21 to authorize appropriations for FY2005-FY2009 for Indian reservation roads.

(Sec. 1807) Establishes a nonmotorized transportation pilot program to construct in selected communities a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. Authorizes appropriations for FY2006-FY2009.

(Sec. 1808) Amends federal highway law to authorize a state to obligate apportioned congestion mitigation and air quality improvement (CMAQ) program funds for a transportation project or program in an area required to prepare, and file with the Administrator of the Environmental Protection Agency (EPA), maintenance plans under the Clean Air Act.

Makes eligible activities under the CMAQ program: (1) the purchase of integrated, interoperable emergency communications equipment; or (2) the use of diesel retrofit technologies.

Directs the EPA Administrator to publish a list of diesel retrofit technologies and supporting technical information for diesel emission reduction technologies.

Directs the Secretary to evaluate and assess a representative sample of CMAQ projects to determine their direct and indirect impact on air quality and congestion levels, and ensure the effective implementation of the CMAQ program.

Authorizes the use of CMAQ program funds by: (1) Montana for the operation of public transit activities serving a nonattainment or maintenance area; (2) Michigan for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area; (3) Maine for the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine; (4) Oregon to support the operation of additional passenger rail service between Eugene and Portland; and (5) Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio to purchase alternative fuel or biodiesel.

Subtitle I: Miscellaneous - (Sec. 1902) Declares that no law shall prevent a local government from offering to donate funds, materials, or services performed by local government employees in connection with federal-aid highway projects.

(Sec. 1904) Revises the requirement that plans, specifications, and estimates for proposed projects on any federal-aid highway be accompanied by a value engineering analysis or other cost reduction analysis. Requires a state to provide a value engineering analysis or other cost-reduction analysis for: (1) projects on the federal-aid highway system with an estimated total cost of $25 million or more (as under current law); (2) a bridge project with an estimated total cost of $20 million or more; and (3) any other project the Secretary determines to be appropriate.

Directs the Secretary to establish an oversight program to monitor the efficient use of funds for federal-aid highway projects. Requires a recipient of funds for a project with an estimated cost of $500 million or more (currently, $1 billion or more), and recipients for such other projects as the Secretary may identify, to submit to the Secretary a project management plan and an annual financial plan.

(Sec. 1905) Reduces the credit a state may use toward the nonfederal share requirement for federal highway funds by a percentage equal to the percentage of the total cost that a public, quasi-public, or private agency has incurred in building, improving, or maintaining the highway facilities using federal funds.

(Sec. 1906) Directs the Secretary to make grants to a state that has enacted and is enforcing a law that prohibits racial profiling in the enforcement of state laws regulating the use of federal-aid highways. Authorizes appropriations for FY2005-FY2009.

(Sec. 1907) Directs the Secretary to conduct pavement marking systems demonstration projects in Alaska and Tennessee. Authorizes appropriation for FY2006-FY2009.

(Sec. 1908) Includes as part of the Interstate System: (1) a portion of the Creek Turnpike connecting Interstate Route 44 east and west of Tulsa, Oklahoma; and (2) a portion of Interstate Route 181 lying northwest of the intersection with Interstate Route 81, Tennessee. Includes as part of the NHS a portion of of U.S. Route 271 from the Arkansas state line, west to the intersection with U.S. Route 59, and northwest to the intersection with Interstate Route 40, Sallisaw, Oklahoma.

(Sec. 1909) Revises declarations of policy with respect to the surface transportation program to emphasize that 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.

Establishes the National Surface Transportation Policy and Revenue Study Commission to study the current condition and future needs of the surface transportation system, and develop a plan to ensure it will continue to serve the needs of the United States. Requires the Secretary to appoint a technical advisory committee.

Authorizes appropriations for FY2006-FY2007.

(Sec. 1910) Directs the Secretary to initiate a rulemaking to determine whether full service restaurants should be given priority on up to two panels of the camping or attractions logo specific service signs in the Manual on Uniform Traffic Control Devices when the food logo specific service sign is fully utilized, and vice versa.

(Sec. 1911) Declares that, if the construction project number STP-189-1(15)CT 3 in Gwinnett County, Georgia, was not listed in the current regional transportation plan because of an error, such failure to be listed shall not be a basis for not approving the project.

(Sec. 1912) Designates as the lead agency for accepting specified federal funds (authorized under ISTEA for purchase of the right-of-way and development of a transportation corridor in an existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard) a certain public entity established to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure.

(Sec. 1913) Sets at 90% the federal share of costs of construction of a bridge between Bismarck and Mandan, North Dakota.

(Sec. 1914) Directs the Secretary, acting through the FHA Administrator, to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists, including: (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.

(Sec. 1915) Declares that debt outstanding for project number Q-DPM-0013(001) related to the early acquisition of the rights-of-way is deemed satisfied.

(Sec. 1916) Deems to satisfy certain federal requirements the New Harbor Boulevard North off ramp project along the Interstate Route 405 Collector-Distributor Road in Costa Mesa, California (Susan Street Slip-Ramp). Directs the California state department of transportation to authorize any environmental, engineering, or design analyses necessary to approve construction of the project consistent with applicable California state operational and safety standards.

(Sec. 1917) Requires the Maryland state highway administration and the FHA to work cooperatively to: (1) expedite the project to improve Interstate Route 495 through the area of the Arena Drive interchange to allow for safe exit (including improvements to the adjacent interchanges upstream and downstream along Interstate Route 495); and (2) expedite action on the Interstate access request so that the Interstate Route 495/Arena Drive interchange can be opened safely to all vehicles 24 hours per day, seven days per week.

(Sec. 1918) Authorizes the Secretary to provide a credit to Louisiana equal to the nonfederal share of the cost of any planning, engineering, design, or construction work carried out by the state on the Houma-Thibodaux to I-10 connector from Gramercy to Houma.

(Sec. 1919) Directs the Secretary to enter into an agreement with the Public Policy Center of the University of Iowa for an analysis and report to the Secretary and the Secretary of the Treasury on a long-term field test of an approach to assessing highway use fees based upon actual mileage driven by a specific vehicle on specific types of highways by use of an onboard computer.

Authorizes appropriations for FY2006-FY2009.

(Sec. 1920) Expresses the sense of the Congress that federal transportation projects should encourage the collaboration between interested persons, including federal, state, and local governments and community-based organizations that have an interest in improving the job skills of low-income individuals to help: (1) leverage scarce training and community resources; and (2) ensure local participation in the building of transportation projects.

(Sec. 1923) Directs the Secretary to arrange for the Delta Regional Authority (DRA) to study and report to Congress on transportation assets and needs for all modes of transportation in the states composing the Delta region. Authorizes appropriations for FY2005 and FY2006.

(Sec. 1924) Directs the Secretary, in cooperation with the the Washington state department of transportation and the City of Seattle, Washington, to study and report to Congress on the damage to the the Alaska Way Viaduct from the Nisqually earthquake of 2001.

(Sec. 1925) Directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects with expertise in the design of a wide range of transportation and infrastructure projects to study the role of well-designed transportation projects in promoting community enhancement. Earmarks funds for such study for FY2006 and FY2007.

(Sec. 1926) Directs DOT to submit a budget justification concurrently with the President's annual budget to Congress.

(Sec. 1927) Directs the Secretary to study and report to Congress on the steps and estimated funding necessary to designate and construct a route for: (1) the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi, (formerly designated the Fall Line Freeway within the state of Georgia); and (2) the 3rd Infantry Division Highway, from Savannah, Georgia, to Knoxville, Tennessee (formerly the Savannah River Parkway).

(Sec. 1928) Expresses the sense of Congress that: (1) the Buy America test needs to be applied to an entire bridge project and not only to its component parts; (2) the law clearly states that domestic materials must be used in federal highway projects unless their inclusion will increase the cost of the overall project by more than 25%; (3) uncertainty regarding how to apply Buy America laws for major bridge projects threatens the domestic bridge industry; (4) as the Nation's unemployment rate continues to hover around 5.6% steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct federal government procurement and infrastructure projects, these expenditures stimulate U.S. production and job creation.

(Sec. 1928) Designates: (1) Interstate Highway 86 in New York state as the "Daniel Patrick Moynihan Interstate Highway;" (2) the northbound and southbound tunnel of Interstate Route 93, located in Boston, Massachusetts, as the "Thomas P. "Tip" O'Neill, Jr. Tunnel;" (3) the segment of the Imperial Highway between California State Route 91 and Esperanza Road as the "Richard Nixon Parkway;" (4) a specified three-mile segment of Interstate Route 86 between Painted Post and Corning, New York, as the "Amo Houghton Bypass;" and (5) Louisiana Route 1 as the "Billy Tauzin Energy Corridor."

(Sec. 1934) Authorizes appropriations for FY2005-FY2009 to carry out specified transportation improvement projects.

(Sec. 1937) Authorizes the Secretary to use emergency relief funds to construct measures necessary for the continuation of roadway services, or the impoundment of water to protect roads, or both, at Devils Lake in North Dakota.

(Sec. 1938) Urges states to use nondestructive technology to detect cracks in steel bridges.

(Sec. 1939) Provides that a certain rule published in the Federal Register, July 19, 2004, relating to the Indian reservation road program, shall not apply to specified Alaska villages.

(Sec. 1940) Authorizes appropriations for FY2005-FY2009 to resurface, repair, rehabilitate, and reconstruct the Going-to-the-Sun Road at Glacier National Park, Montana. Sets the federal share or project costs at 100%.

(Sec. 1941) Directs the Secretary, upon state request, to obligate funds made available for the construction of U.S. Route 212, Red Lodge North, Montana, for the reconstruction of Beartooth Highway, Montana.

(Sec. 1943) Directs the Secretary to make grants to Wisconsin to continue intelligent transportation system activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, Great Lakes areas, and other areas of the state.

Authorizes appropriations for FY2006-FY2009.

(Sec. 1944) Directs the Secretary to make allocations to Oklahoma to carry out activities in the Oklahoma Plan for Tar Creek.

Authorizes appropriations for FY2006.

(Sec. 1945) Directs the Secretary, in cooperation with a certain subcontracting production entity, to fund the production of a documentary about infrastructure that demonstrates advancements in the last frontier, Alaska.

Authorizes appropriations for FY2005 and FY2006.

(Sec. 1946) Establishes in Vermont the Gateway Rural Improvement Pilot Program. Authorizes appropriations.

(Sec. 1947) Makes projects for traffic circles ("roundabouts") eligible for 100% federal share of costs.

(Sec. 1948) Prohibits federal funds from being expended for the demolition of the existing Brightman Street Bridge connecting Fall River and Somerset, Massachusetts. Requires the existing Brightman Street Bridge to be maintained for pedestrian and bicycle access, and as an emergency service route.

(Sec. 1949) Directs the Secretary provide funds to the Knik Arm Bridge and Toll Authority, Alaska.

(Sec. 1950) Directs the Secretary to credit nonfederal expenditures paid on or after October 23, 2000, by project sponsors of the Lincoln Parish transportation and community and system preservation project, and the U.S. Route 167/I-20 interchange Interstate maintenance discretionary project, that are in excess of the nonfederal matching requirements for such projects as nonfederal contributions toward the nonfederal matching requirements for all LA/I-20 Transportation Corridor Program elements between Louisiana Route 149 and Louisiana Route 33.

(Sec. 1951) Directs the Secretary, acting through the Minority Resource Center, to provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises. Authorizes appropriations for FY2005-FY2009.

(Sec. 1952) Directs the Secretary to conduct a design and feasibility analysis to alleviate southbound traffic congestion along the George Washington Parkway, Virginia, between Interstate Route 495 and the 14th Street Bridge, and to take appropriate action in response to the analysis results.

(Sec. 1953) Authorizes appropriations for: (1) surface transportation projects of national and regional significance; and (2) highway construction projects in corridors of national significance.

(Sec. 1955) Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey within a specified time to Ely, Nevada, without consideration, all right, title, and interest of the United States in land located within the railroad corridor described in specified rights-of-way.

(Sec. 1957) Directs the Vermont agency of transportation to: (1) commence, not later than August 1, 2005, planning for a traffic circle at the intersection of U.S. Route 7 and Vermont Route 103 in Clarendon, Vermont; and (2) complete its construction by August 1, 2007. Earmarks certain funds for this project.

(Sec. 1958) Prohibits the Secretary from approving any federal-aid highway project in Orange and Seminole Counties, Florida, which provides access from Interstate Route 4 to the right-of-way or median of Interstate Route 4 if tolls are used for access.

(Sec. 1959) Directs the Secretary to provide to the Port Authority of New York and New Jersey funds for the Cross Harbor Freight Movement Project, New York.

(Sec. 1960) Amends the Denali Commission Act of 1998 to establish the Denali Access System Program to pay the costs of planning and constructing road and other surface transportation infrastructure in Alaska Native villages and rural communities.

Establishes a Denali Access System Program Advisory Committee.

Authorizes appropriations for FY2006-FY2009.

(Sec. 1961) Directs the Secretary to study and report to Congress on the I-95/Contee Road relocated interchange project located in Prince George's County, Maryland.

Authorizes appropriations for FY2006.

(Sec. 1962) Authorizes appropriations for FY2006-FY2009 for multimodal facility improvements, construction, and ferry acquisition by North Bay Ferry Service, Inc., located at Port Sonoma in Petaluma, California.

(Sec. 1963) Directs the Economic Development Administration (EDA) to facilitate further financing to approve, without compensation, a series of leases of the Apollo Theater, located in Harlem, New York, to be improved by specified EDA projects.

(Sec. 1964) Sets the federal share of costs at between 80% and 95% for high priority projects, certain transportation improvement projects, and transportation projects of national and regional significance in the states of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota.

Title II: Highway Safety - (Sec. 2001) Authorizes appropriations for FY2005-FY2009 for highway safety programs, including: (1) highway safety research and development (R&D); (2) occupant protection incentive grants; (3) safety belt performance grants; (4) grants to states for traffic safety information system improvements; (5) the alcohol-impaired driving countermeasures incentive grant program; (6) the National Driver Register; (7) the high visibility enforcement program; (8) motorcycle safety (FY2006-FY2009); (9) child safety and child booster seat safety incentive grants (FY2006-FY2009); and (10) administrative expenses of the National Highway Traffic Safety Administration (NHTSA) (FY2006-FY2009).

(Sec. 2008) Directs the Secretary to review each state highway safety program triennially, and make review-based recommendations on how each state could improve the management and oversight of its grant activities. Directs the Comptroller General to analyze and report to Congress on the effectiveness of NHTSA's oversight of traffic safety grants with respect to state highway safety programs.

(Sec. 2012) Directs the Secretary to collect data, compile statistics, and report to Congress on accidents involving motor vehicles being backed up that result in fatalities and injuries, and that occur on public and nonpublic roads and residential and commercial driveways and parking facilities.

(Sec. 2013) Directs the Secretary to: (1) coordinate with other federal agencies on how to address the problem of driving under the influence of an illegal drug (not obtained by a legal and valid prescription); and (2) conduct research on the prevention, detection, and prosecution of driving under the influence of such drugs.

Directs the Secretary to: (1) report to Congress on the problem of drug-impaired driving; and (2) develop a model statute for states relating to drug-impaired driving.

Earmarks highway safety R&D funds for FY2006-FY2009.

(Sec. 2014) Directs the Secretary to develop a first responder vehicle safety program to increase the safe and efficient operation of first responder vehicles. Authorizes appropriations for FY2006.

(Sec. 2015) Directs the Secretary to study and report to Congress on the risks associated with glare to oncoming drivers, including drivers on two-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.

(Sec. 2016) Directs the Secretary to conduct a pilot program, and report the results to Congress, on optimizing emergency medical services in a rural state.

(Sec. 2017) Directs the Secretary to allocate a specified amount of highway safety R&D funds for FY2006-FY2009 to conduct a research and demonstration program to improve traffic safety with respect to older drivers.

(Sec. 2018) Amends the federal criminal code to prohibit the unauthorized sale or use of traffic signal preemption transmitters (devices or mechanisms that can change a traffic signal's phase time or sequence). Prescribes civil and criminal penalties for violations of such prohibition.

(Sec. 2020) Expresses the sense of Congress that, in an effort to further change the culture of alcohol-impaired driving on our Nation's highways, the President should consider establishing a Presidential Commission on Alcohol-Impaired Driving.

(Sec. 2021) Expresses the sense of Congress that NHTSA should work with state and local governments and independent organizations to increase public awareness of state legal limits on blood alcohol concentration levels and the dangers of drinking and driving.

Title III: Public Transportation - Federal Public Transportation Act of 2005 - (Sec. 3003) Revises requirements for the development and revitalization of U.S. public transportation systems.

(Sec. 3005) Consolidates and revises requirements for development by MPOs of long-range transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas.

(Sec. 3006) Replaces certain metropolitan area TIP requirements with requirements for statewide transportation plans and statewide Tips

(Sec. 3007) Replaces requirements for the designation of transportation management areas with revised requirements for grants to states, MPOs, and local governments, agreements with other departments, or contracts with private nonprofit or for-profit entities to develop transportation plans and programs (including metropolitan planning and state planning and research). Allocates funds based a specified formula for FY2005-FY2009 for such programs.

(Sec. 3009) Authorizes the Secretary to award urbanized area formula grants for planning, transit enhancements, and operating costs of equipment and facilities: (1) for use in public transportation in an urbanized area with a population of between 200,000 and 225,000; and (2) for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.

Limits a recipient of a formula grant in an urbanized area with a population of 558,329 or 747,003 to not more than 20% of the grant for the provision of non-fixed route paratransit services in accordance with the Americans with Disabilities Act, provided the grant recipient is in compliance with that Act, including both fixed route and demand responsive service and such service is acquired by contract.

(Sec. 3010) Revises requirements for the clean fuels grant bus procurement program, particularly apportionment requirements.

(Sec. 3011) Eliminates the Secretary's authority to make capital investment loans.

Prescribes separate requirements for grantees receiving more than $75 million for a new fixed guideway capital project, and for grantees receiving less than $75 million for such projects (including projects for less than $25 million).

Sets forth certain allocations for FY2005 for new fixed capital projects, capital projects for fixed guideway modernization, and capital projects for buses and bus-related equipment and facilities, including allocations: (1) for FY2006-FY2009 for major new fixed guideway capital projects; (2) FY2007-FY2009 for new fixed guideway capital projects of less than $75 million; (3) for FY2005-FY2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; (4) for FY2006-FY2009 for payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; and (5) for FY2006-FY2009 for ferry boats or ferry terminal facilities (earmarking amounts for specified ferry projects, the national fuel cell bus technology development program, projects in non-urbanized areas, intermodal terminal projects, and bus testing).

Requires grantees to conduct Before and After Studies.

Requires the Federal Transit Administration (FTA) to issue: (1) a Contractor Performance Assessment Report (CPAR) analyzing the consistency and accuracy of cost and ridership estimates made by contractors to public transportation agencies developing new fixed guideway capital projects; and (2) a Contractor Performance Incentive Report (CPIR) on the suitability of allowing such contractors to receive performance incentive awards if a project is completed for less than the original estimated cost.

Authorizes the Secretary to establish a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects.

Directs the Secretary to credit funds provided by the Florida department of transportation for the extension of the Miami Metrorail System from Earlington Heights to the Miami Intermodal Center to satisfy matching requirements for the Miami North Corridor and Miami East-West Corridor projects.

(Sec. 3012) Revises requirements for the formula grant program for the special transportation needs of elderly individuals and individuals with disabilities, eliminating loans to states for related service.

Establishes a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and three other states selected by the Secretary to use up to 33% of the formula grants for the operating costs associated with the transportation needs of such individuals.

(Sec. 3013) Revises requirements for formula grants for other than urbanized areas to distinguish between recipients (states and Indian tribes) and subrecipients (state or local governmental authorities, nonprofit organizations, or operators of public transportation or intercity bus service) that receive federal funds through a recipient. Apportions HTF funds for FY2006-2009 for formula grants for other than urbanized areas to Indian tribes for eligible public transportation projects on Indian reservations.

Provides funding for the rural transportation assistance program (RTAP).

(Sec. 3014) Revises requirements for grants, contracts, cooperative agreements, or other agreements for research, development, or demonstration projects. Adds deployment projects. Repeals specific authority for research, investigation, and training grants to institutions of higher education.

(Sec. 3015) Repeals apportionment requirements for state planning and research with respect to a mass transportation cooperative research program.

(Sec. 3016) Eliminates the Industry Technical Panel.

Authorizes the Secretary to award: (1) demonstration grants to certain charitable or educational organizations or state or local government agency to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease; and (2) grants to a national not-for-profit organization for the establishment of a national technical assistance center for senior transportation programs.

Directs the Secretary to study and report to Congress on actions necessary to purchase increased volumes of alternative fuels for use in public transit vehicles.

(Sec. 3017) Repeals the requirement that the Secretary delegate all authority to the National Transit Institute (NTI) at Rutgers University to develop and conduct education and training programs related to mass transportation.

(Sec. 3018) Codifies the Job Access and Reverse Commute (JARC) grant program of the TEA-21. Changes the program from a competitive discretionary grant to a formula grant program.

(Sec. 3019) Authorizes the Secretary to make New Freedom formula grants for new public transportation services and alternatives for individuals with disabilities beyond those required by the Americans with Disabilities Act of 1990, including transportation to and from jobs and employment support services.

(Sec. 3020) Eliminates the bus testing revolving loan fund.

(Sec. 3021) Authorizes the Secretary to award a grant or enter into a contract to carry out a qualified project to provide alternative transportation in National Parks and other federal public lands (by bus, rail, or any other publicly or privately owned conveyance that provides the public general or special service on a regular basis, including sightseeing service, and by nonmotorized transportation systems such as facilities for pedestrians, bicycles, and nonmotorized watercraft).

(Sec. 3022) Revises the Secretary's authority to make grants to states, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field.

(Sec. 3023) Eliminates the Secretary's authority to make loans to a state or local governmental authority to acquire an interest in, or buy property of, a private company engaged in public transportation for certain capital projects.

Revises enforcement requirements for violations of conditions on charter bus transportation service and schoolbus transportation. Directs the Secretary to bar violators from receiving federal transit assistance in an appropriate amount if the Secretary finds a pattern to such violations. (Currently all such assistance must be barred.)

Permits a recipient of federal financial assistance to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.

Authorizes the Secretary to establish a pilot program to reimburse up to 10 recipients for deposit of bond proceeds in a debt service reserve the recipient establishes from urbanized area formula grant amounts.

Directs the Secretary to issue a final rule on implementation of Buy America requirements to provide that any waiver of such requirements for a microprocessor, computer, or microcomputer shall apply only to a device used solely to process or store data, and does not extend to products containing a microprocessor, computer, or microcomputer.

Authorizes the Secretary to terminate federal financial assistance and seek reimbursement directly, or by offsetting amounts, if a recipient has made a false or fraudulent statement or related act in connection with a federal transit program.

Authorizes a recipient of federal assistance to allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities, provided certain requirements are met.

Authorizes the Secretary to assist an applicant to acquire a railroad right-of-way before completion of an environmental review for any project that may use the right-of-way, if the acquisition is otherwise permitted under federal law.

(Sec. 3025) Requires recipients of federal funds to conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary.

Revises requirements for federal financial assistance for design-build system projects.

(Sec. 3026) Increases the funds available for project management oversight and review.

(Sec. 3028) Revises requirements for investigations of safety hazards, to include security risks.

(Sec. 3029) Applies specified requirements for the withholding of amounts for noncompliance with safety requirements to any states designing rail fixed guideway mass transportation systems that will not be subject to regulation by the Federal Railroad Administration (FRA). (Currently they apply only to those states that already have systems not subject to FRA regulation.)

(Sec. 3030) Grants the Secretary discretion to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the DOT or the Coast Guard.

(Sec. 3031) Revises employee protective arrangement requirements.

Requires certification without referral for any such arrangements for employees utilized by the Secretary of Labor for federal assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing federal assistance agreements.

Requires the Secretary, in issuing fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, to base such decisions on the principles set forth in DOT's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV-90-X021.

(Sec. 3032) Terminates the authority of the Secretary of Housing and Urban Development to make grants or enter contracts for research, development, demonstration project, investigation, and training related to urban transportation systems and planned development of urban areas.

Prohibits the Secretary of Transportation, except as directed by the President for purposes of national defense or in the event of a national or regional emergency, from regulating the operation, routes, or schedules of a public transportation system for which a capital projects grant is made, or the rates, fares, tolls, rentals, or other charges prescribed by a public or private transportation provider.

Requires the Secretary to notify Congress at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement for a transportation project totaling $1 million or more is announced.

(Sec. 3034) Apportions certain formula grant funds for FY2006 and each succeeding fiscal year to certain urbanized areas with populations of less than 200,000. Requires the calculation of small transit intensive cities factors in such apportionments. Directs the Secretary to study and report to Congress on the feasibility of developing and implementing an incentive funding system for operators of public transportation.

(Sec. 3035) Revises requirements with respect to apportionments for fixed guideway modernization. Requires such apportionments to urbanized areas with a population of 55,997 to be based on certain fixed guideway factors related to FY1997 apportionments.

(Sec. 3036) Authorizes FY2005 appropriations for formula grants for certain capital projects, job access and reverse commute grants for low income individuals, capital program grants, public transportation planning programs, public transportation research, university transportation research, and to carry out certain administrative provisions with respect to public transportation projects.

Authorizes FY2006-FY2009 appropriations for certain public transportation project formula grants, bus grants, capital investment grants, and research and university research centers.