To complete construction of the 13-State Appalachian development highway system, and for other purposes.

March 3, 2005

Mr. BYRD introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To complete construction of the 13-State Appalachian development highway system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Appalachian Development Highway System Completion Act of 2005'.

SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

(a) Authorization of Appropriations- There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system program under section 14501 of title 40, United States Code, $840,000,000 for each of fiscal years 2005 through 2010.

(b) Apportionment- The Secretary shall apportion funds made available by subsection (a) for fiscal years 2005 through 2010 among the States based on the latest available cost-to-complete estimate for the Appalachian development highway system under section 14501 of title 40, United States Code, prepared by the Appalachian Regional Commission.

(c) Applicability of Title 23- Funds made available by subsection (a) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that--

(1) the Federal share of the cost of any project carried out using the funds shall be determined in accordance with section 14501 of title 40, United States Code; and

(2) the funds shall remain available until expended.

(d) Availability of Funds- Notwithstanding any other provision of law enacted before, on, or after the date of enactment of this Act, any obligation limitation enacted for any of fiscal years 2005 through 2010 shall not apply to obligations authorized for the Appalachian development highway system program under section 14501 of title 40, United States Code.

(e) Loans Between States-

(1) IN GENERAL- On notice to the Secretary of Transportation, a State that receives an apportionment under subsection (b) may lend any amount of contract authority or obligation authority available to the State pursuant to the apportionment to any other State that is eligible for such an apportionment for use by the borrowing State for activities eligible under section 14501 of title 40, United States Code.

(2) REPAYMENT- Any loan under paragraph (1) shall be repaid not later than September 30, 2010.

(f) Administrative Expenses- Section 104(a) of title 23, United States Code, is amended--

(1) in paragraph (1)--

(A) by striking `the Federal lands highway program under section 204, or the Appalachian development highway system program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.),' and inserting `or the Federal lands highway program under section 204,'; and

(B) in subparagraph (A)--

(i) by striking `necessary--' and all that follows through `to administer' and inserting `necessary to administer'; and

(ii) by striking clause (ii);

(2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(3) by inserting after paragraph (1) the following:

`(2) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM- Whenever an apportionment is made of the sums made available for expenditure on the Appalachian development highway system program under section 14501 of title 40, the Secretary shall deduct that sum, in an amount not to exceed 2/5 of 1 percent of the sums made available, as the Secretary determines to be appropriate--

`(A) to administer that section; and

`(B) to make transfers to the Appalachian Regional Commission to pay the costs of administrative activities associated with the Appalachian development highway system.'.

(g) Minimum Guarantee- Section 105 of title 23, United States Code, is amended--

(1) in the first sentence of subsection (a), by striking `Appalachian development highway system,'; and

(2) in subsection (c)(1), by striking `Appalachian development highway system,' each place it appears.

END