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H.R. 3617 (111th): Surface Transportation Extension Act of 2009


The text of the bill below is as of Oct 29, 2009 (Placed on Calendar in the Senate). The bill was not enacted into law.


II

Calendar No. 191

111th CONGRESS

1st Session

H. R. 3617

IN THE SENATE OF THE UNITED STATES

September 24, 2009

Received

October 28, 2009

Read the first time

October 29, 2009

Read the second time and placed on the calendar

AN ACT

To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs.

1.

Short title; extension period

(a)

Short title

This Act may be cited as the Surface Transportation Extension Act of 2009.

(b)

Extension period

This Act extends funding for programs funded out of the Highway Trust Fund for the period beginning on October 1, 2009, and ending on the earlier of—

(1)

the date of enactment of a multiyear law reauthorizing the Federal-aid highway, highway safety, motor carrier safety, and transit programs enacted after the date of enactment of this Act; and

(2)

December 31, 2009.

2.

Federal-aid highway program

(a)

Apportionments

(1)

In general

On October 1 of fiscal year 2010, the Secretary of Transportation shall apportion funds authorized for such fiscal year under section 1101(c) of SAFETEA–LU (119 Stat. 1153) (as added by subsection (d) of this section) to each State such that the State’s share of funds apportioned is equal to the State’s share for fiscal year 2009 of funds apportioned or allocated for the programs specified in paragraph (2).

(2)

Specific programs

The programs referred to in paragraph (1) are—

(A)

the programs listed in section 105(a)(2) of title 23, United States Code;

(B)

the program authorized by section 144(f)(1) of such title;

(C)

the program authorized by section 1934 of SAFETEA–LU (119 Stat. 1485); and

(D)

the program authorized by section 1962 of SAFETEA–LU (119 Stat. 1518).

(b)

Programmatic distributions

(1)

Programs

Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount, determined in accordance with paragraph (2), of the funds for each program specified in subsection (a)(2), with the following exceptions:

(A)

The high priority projects program authorized by section 117 of title 23, United States Code.

(B)

The program authorized by section 144(f)(1) of such title.

(C)

The program authorized by section 1934 of SAFETEA–LU (119 Stat. 1485).

(D)

The program authorized by section 1962 of SAFETEA–LU (119 Stat. 1518).

(2)

Distribution

The amount that each State shall be apportioned under this subsection for each program for which funds may be apportioned under paragraph (1) shall be determined by multiplying—

(A)

the amount apportioned to the State under subsection (a) for the fiscal year; by

(B)

the ratio that—

(i)

the amount of funds apportioned or allocated for such program to the State for fiscal year 2009; bears to—

(ii)

the total of the amount of funds apportioned or allocated for all of such programs to the State for fiscal year 2009.

(3)

Administration of funds

Funds authorized by the amendment made by subsection (d) shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code, or under SAFETEA–LU (119 Stat. 1144 et seq.), except that the deductions and set-asides under the following sections shall not apply to such funds:

(A)

Sections 104(b)(1)(A), 104(f), 104(h)(1), 118(c)(1), 130(e)(1), 140(b), 140(c), and 144(f)(1) of title 23, United States Code.

(B)

Section 1404(c)(3) of SAFETEA–LU (119 Stat. 1229).

(C)

Section 111 of the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1572).

(4)

Special rule for equity bonus

The amounts apportioned to the States under this section for the equity bonus program under section 105 of title 23, United States Code, shall be treated, for purposes of section 105(d) of such title, as amounts made available under section 105 of such title, except that, for the period referred to in section 1(b), the $2,639,000,000 set forth in section 105(d)(1) of such title shall be treated as being $659,750,000.

(5)

Extension of bridges not on Federal-aid highways

Section 144(f)(2)(A) of title 23, United States Code, is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(c)

Repayment from future apportionments

(1)

In general

The Secretary shall reduce the amount that would be apportioned, but for this section, to a State for programs under chapter 1 of title 23, United States Code, or under title I of SAFETEA–LU (119 Stat. 1144 et seq.), for fiscal year 2010, under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act by the amount that is apportioned to each State under subsection (a) for each such program for fiscal year 2010.

(2)

Program category reconciliation

The Secretary may establish procedures under which funds apportioned under subsection (a) for a program category for which funds are not authorized under a law described in paragraph (1) may be restored to the Federal-aid highway program.

(d)

Authorization of contract authority

Section 1101 of SAFETEA–LU (119 Stat. 1153) is amended by adding at the end the following:

(c)

Additional authorizations

(1)

In general

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out section 2(a) of the Surface Transportation Extension Act of 2009 $9,848,113,116 for the period referred to in section 1(b) of that Act.

(2)

Special rule

Funds apportioned under section 2(a) of the Surface Transportation Extension Act of 2009 shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.

(3)

Contract authority

Funds authorized by this subsection shall be made available for obligation and administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that funds made available for the safe routes to school program authorized by section 1404, the coordinated border infrastructure program authorized by section 1303, and the Appalachian development highway system program authorized by subtitle IV of title 40, United States Code, shall remain available until expended.

.

(e)

Limitation on obligations

(1)

In general

Subject to paragraph (2), upon enactment of an Act making appropriations for the Department of Transportation for fiscal year 2010 (other than an Act or resolution making continuing appropriations), the Secretary shall—

(A)

first calculate the distribution of the obligation limitation for Federal-aid highways and highway safety construction programs provided by such Act according to the provisions of such Act, and, as necessary for purposes of making the calculations for the distribution of any obligation limitation under such Act, the Secretary shall annualize the amount of contract authority provided under this Act for Federal-aid highways and highway safety construction programs; and then

(B)

multiply the results of the calculations made under subparagraph (A) by one-quarter.

(2)

Exception

An amount equal to $159,750,000 of the funds made available for the period referred to in section 1(b) for the equity bonus program authorized by section 105 of title 23, United States Code, shall not be subject to any obligation limitation.

(3)

Time period for obligations

After the last day of the period referred to in section 1(b), no funds shall be obligated for any Federal-aid highway program project until the date of enactment of a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act.

(4)

Treatment of obligations

Any obligation of obligation authority distributed under this subsection for fiscal year 2010 shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2010 for the purposes of any obligation limitation set in an Act making appropriations for the Department of Transportation for fiscal year 2010.

3.

Federal-aid highway program administrative expenses

(a)

Authorization of contract authority

There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for administrative expenses of the Federal-aid highway program $105,929,410 for the period referred to in section 1(b). Such funds may be used for the purposes described in sections 104(a)(2) and 104(i) of title 23, United States Code.

(b)

Contract authority

Funds made available by this section shall be available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended.

4.

Other Federal-aid highway programs

(a)

Extension of ISTEA axle weight exemption for transit vehicles and over-the-road buses

Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; 106 Stat. 1552) is amended—

(1)

in paragraph (1) by striking October 1, 2009 and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(2)

in paragraph (2)(A) by striking September 30, 2009 and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(b)

Extension of flexibility under TEA–21 in use of certain STP funds

Section 1108(f)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 133 note; 112 Stat. 141) is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(c)

Extension of authorizations and flexibilities under title I of SAFETEA–LU

(1)

Federal lands highways program

(A)

Indian reservation roads

Section 1101(a)(9)(A) of SAFETEA–LU (119 Stat. 1154) is amended—

(i)

in clause (iv) by striking and at the end;

(ii)

in clause (v) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(vi)

$112,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Park roads and parkways

Section 1101(a)(9)(B)(i) of SAFETEA–LU (119 Stat. 1154) is amended—

(i)

in subclause (IV) by striking and at the end;

(ii)

in subclause (V) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(VI)

$60,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(C)

Refuge roads

Section 1101(a)(9)(C) of SAFETEA–LU (119 Stat. 1154) is amended by inserting before the period at the end the following: and $7,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(D)

Public lands highways

Section 1101(a)(9)(D) of SAFETEA–LU (119 Stat. 1154) is amended—

(i)

in clause (iv) by striking and at the end;

(ii)

in clause (v) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(vi)

$75,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(E)

Forest highways

Section 1119(m) of SAFETEA–LU (119 Stat. 1190) is amended—

(i)

in paragraph (1) by striking “for each fiscal year” and inserting “for each of fiscal years 2005 through 2009 and $5,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009”;

(ii)

in paragraph (2) by striking “for each fiscal year” and inserting “for each of fiscal years 2005 through 2009 and $250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009”; and

(iii)

in paragraph (3) by striking “for each fiscal year” and inserting “for each of fiscal years 2005 through 2009 and $2,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009”.

(F)

BIA administrative expenses

Section 202(d)(2)(F)(i) of title 23, United States Code, is amended by striking and $27,000,000 for fiscal year 2009 and inserting $27,000,000 for fiscal year 2009, and $6,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(G)

Indian reservation road bridges

Section 202(d)(4)(B)(i) of title 23, United States Code, is amended by inserting after 2009 the following: and $3,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 .

(2)

National corridor infrastructure improvement program

(A)

In general

Section 1101(a)(10) of SAFETEA–LU (119 Stat. 1154) is amended—

(i)

in subparagraph (D) by striking and at the end;

(ii)

in subparagraph (E) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(F)

$97,400,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Designated projects

Notwithstanding section 1302(e) of SAFETEA–LU (119 Stat. 1205), the Secretary shall allocate funds made available for the national corridor infrastructure improvement program for the period referred to in section 1(b) on the basis of a competitive selection process in accordance with section 1302(b) of such Act (119 Stat. 1204).

(3)

National scenic byways program

(A)

In general

Section 1101(a)(12) of SAFETEA–LU (119 Stat. 1155) is amended—

(i)

in subparagraph (D) by striking and at the end;

(ii)

in subparagraph (E) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(F)

$10,875,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Resource center

Section 1803(c) of SAFETEA–LU (119 Stat. 1458) is amended by striking and $3,000,000 for each of fiscal years 2006 through 2009 and inserting , $3,000,000 for each of fiscal years 2006 through 2009, and $750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(4)

Construction of ferry boats and ferry terminal facilities

(A)

In general

Section 1101(a)(13) of SAFETEA–LU (119 Stat. 1155) is amended—

(i)

in subparagraph (D) by striking and at the end;

(ii)

in subparagraph (E) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(F)

$16,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

National ferry database

Section 1801(e)(4)(C) of SAFETEA–LU (119 Stat. 1456) is amended by inserting after 2009 the following: and not more than $125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(C)

Set aside for Alaska, New Jersey, and Washington

Section 147(d) of title 23, United States Code, is amended—

(i)

in paragraph (1) by inserting after 2009 the following: , and $5,000,000 of the amount made available to carry out this section for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(ii)

in paragraph (2) by striking a fiscal year and inserting each of fiscal years 2005 through 2009, and $2,500,000 of the $5,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(iii)

in paragraph (3) by striking a fiscal year and inserting each of fiscal years 2005 through 2009, and $1,250,000 of the $5,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,; and

(iv)

in paragraph (4) by striking a fiscal year and inserting each of fiscal years 2005 through 2009, and $1,250,000 of the $5,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,.

(5)

Puerto Rico highway program

(A)

In general

Section 1101(a)(14) of SAFETEA–LU (119 Stat. 1155) is amended—

(i)

in subparagraph (D) by striking and at the end;

(ii)

in subparagraph (E) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(F)

$37,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Allocation of funds

Section 165(a) of title 23, United States Code, is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(6)

Projects of national and regional significance program

(A)

In general

Section 1101(a)(15) of SAFETEA–LU (119 Stat. 1155) is amended—

(i)

in subparagraph (D) by striking and at the end;

(ii)

in subparagraph (E) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(F)

$88,950,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Designated projects

Notwithstanding section 1301(m) of SAFETEA–LU (119 Stat. 1202), the Secretary shall allocate funds made available for the projects of national and regional significance program for the period referred to in section 1(b) on the basis of a competitive selection process in accordance with sections 1301(d), 1301(e), and 1301(f) of such Act (119 Stat. 1199).

(7)

Deployment of magnetic levitation transportation projects

Section 1101(a)(18) of SAFETEA–LU (119 Stat. 1155) is amended by inserting after 2009 the following: and $11,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(8)

Highways for life

(A)

In general

Section 1101(a)(20) of SAFETEA–LU (119 Stat. 1156) is amended—

(i)

in subparagraph (A) by striking and at the end;

(ii)

in subparagraph (B) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(C)

$5,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Project selections

Section 1502(b)(6) of SAFETEA–LU (119 Stat. 1237) is amended by striking the period of fiscal years 2005 through 2009 and inserting the period beginning on October 1, 2004, and ending on the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(9)

Highway use tax evasion projects

(A)

In general

Section 1101(a)(21) of SAFETEA–LU (119 Stat. 1156) is amended—

(i)

in subparagraph (C) by striking and at the end;

(ii)

in subparagraph (D) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(E)

$3,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(B)

Allocations

Section 1115(c) of SAFETEA–LU (119 Stat. 1177) is amended—

(i)

by inserting after 2009 the first place it appears the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(ii)

by adding at the end the following:

(5)

$3,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(C)

Suballocations

Section 143 of title 23, United States Code, is amended—

(i)

in subsection (b)(2) by inserting after $2,000,000 the following: (and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, $500,000); and

(ii)

in subsection (c)(3) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(10)

Transportation, community, and system preservation program

Section 1117(g)(1) of SAFETEA–LU (119 Stat. 1178) is amended by striking and $61,250,000 for each of fiscal years 2006 through 2009 and inserting , $61,250,000 for each of fiscal years 2006 through 2009, and $15,312,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(11)

Truck parking facilities

Section 1305(d)(1) of SAFETEA–LU (119 Stat. 1215) is amended by inserting after 2009 the following: and $1,562,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(12)

Delta region transportation development program

Section 1308(h)(1) of SAFETEA–LU (119 Stat. 1218) is amended by inserting after 2009 the following: and $2,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(13)

Roadway safety improvements for older drivers and pedestrians

Section 1405(c) of SAFETEA–LU (119 Stat. 1231) is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(14)

Work zone safety grants

Section 1409(c)(1) of SAFETEA–LU (119 Stat. 1232) is amended by inserting before the period at the end the following: and $1,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(15)

National work zone safety information clearinghouse

Section 1410 of SAFETEA–LU (119 Stat. 1233) is amended—

(A)

in subsection (a) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(B)

in subsection (b) by inserting before the period at the end the following: and $250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(16)

Roadway safety

Section 1411 of SAFETEA–LU (119 Stat. 1234) is amended—

(A)

in subsection (a)(2) by inserting after 2009 the following: and $125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(B)

in subsection (b)(2) by striking and $500,000 for each of fiscal years 2006 through 2009 and inserting , $500,000 for each of fiscal years 2006 through 2009, and $125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(17)

Value pricing pilot program

Section 1012(b)(8) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended—

(A)

in subparagraph (A)—

(i)

in clause (i) by striking and at the end;

(ii)

in clause (ii) by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(iii)

for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, $3,000,000.

; and

(B)

in subparagraph (B) by inserting after 2009 the following: and $750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(18)

Express lanes demonstration program

Section 1604(b)(2) of SAFETEA–LU (119 Stat. 1250) is amended by striking during the period of fiscal years 2005 through 2009 and inserting during the period beginning on October 1, 2004, and ending on the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(19)

National historic covered bridge preservation

Section 1804(d) of SAFETEA–LU (119 Stat. 1459) is amended by inserting before the period at the end the following: and $2,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(20)

Additional authorization of contract authority for States with Indian reservations

Section 1214(d)(5)(A) of the Transportation Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is amended by inserting before the period at the end the following: and $450,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(21)

Nonmotorized transportation pilot program

Section 1807 of SAFETEA–LU (23 U.S.C. 217 note; 119 Stat. 1460) is amended—

(A)

in subsection (c) by striking per fiscal year and inserting for each of fiscal years 2006 through 2009 and $1,562,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(B)

in subsection (f)(1) by inserting before the period at the end the following: and $6,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(22)

Addition to CMAQ-eligible projects

Section 1808 of SAFETEA–LU (119 Stat. 1464) is amended—

(A)

in subsection (i) by striking September 30, 2009, and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,; and

(B)

in subsection (j) by striking September 30, 2009, and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,.

(23)

Grant program to prohibit racial profiling

Section 1906(e)(1) of SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1469) is amended by inserting before the period at the end the following: and $1,875,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(24)

Going-to-the-Sun Road, Glacier National Park, Montana

Section 1940(a) of SAFETEA–LU (119 Stat. 1511; 120 Stat. 1109) is amended—

(A)

in paragraph (2) by striking and at the end;

(B)

in paragraph (3) by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

$4,166,667 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(25)

Great Lakes ITS implementation

Section 1943(b) of SAFETEA–LU (119 Stat. 1512) is amended by striking and $3,000,000 for fiscal year 2009 and inserting , $3,000,000 for fiscal year 2009, and $750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(26)

Bonding assistance program

Section 332(e)(2) of title 49, United States Code, is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(27)

Denali access system program

Section 309(j)(1) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended by inserting before the period at the end the following: and $3,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(28)

Safe routes to school program administrative expenses

(A)

In general

There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 1404(c)(3) of SAFETEA–LU (119 Stat. 1228) $750,000 for the period referred to in section 1(b).

(B)

Contract authority

Funds made available by this paragraph shall be available for obligation and administered in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, and shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.

(d)

Extension of authorizations under title V of SAFETEA–LU

(1)

In general

(A)

Surface transportation research, development, and deployment program

Section 5101(a)(1) of SAFETEA–LU (119 Stat. 1779) is amended by inserting after 2009 the following: and $49,100,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(B)

Training and education

Section 5101(a)(2) of SAFETEA–LU (119 Stat. 1779) is amended by inserting after 2009 the following: and $6,675,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(C)

Bureau of Transportation Statistics

Section 5101(a)(3) of SAFETEA–LU (119 Stat. 1779) is amended by inserting after 2009 the following: and $6,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(D)

University transportation research

Section 5101(a)(4) of SAFETEA–LU (119 Stat. 1779) is amended by striking and $78,900,000 for fiscal year 2009 and inserting $78,900,000 for fiscal year 2009, and $19,725,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(E)

Intelligent transportation systems (ITS) research

Section 5101(a)(5) of SAFETEA–LU (119 Stat. 1779) is amended by inserting after 2009 the following: and $27,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(2)

Distribution of funds

For each program continued under the amendments made by paragraph (1), the Secretary of Transportation shall allocate the funds made available for the program for the period referred to in section 1(b) among the major program areas under that program in the same ratio as funds were allocated among those major program areas for fiscal year 2009, except that any designation of funds for specific activities shall not be required to be continued during that period.

(3)

Obligation ceiling

Section 5102 of SAFETEA–LU (119 Stat. 1780) is amended by inserting before the period at the end the following: and $102,722,222 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(e)

Extension of SAFETEA–LU Technical Corrections Act of 2008 provisions

(1)

Additional discretionary use of surface transportation program funds

Section 105(d) of the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1601) is amended by inserting after $1,000,000 the following: , and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 not more than $250,000,.

(2)

Highway research funding

(A)

Future strategic highway research program

(i)

In general

There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out the future strategic highway research program under section 510 of title 23, United States Code, $13,127,073 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(ii)

Contract authority

Funds made available by this subparagraph shall be available for obligation and administered in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of activities carried out using such funds shall be 100 percent and such funds shall remain available until expended. Such funds shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.

(B)

Funding for research activities

Section 111(f) of the SAFETEA–LU Technical Corrections Act of 2008 (122 Stat. 1605) is amended—

(i)

in paragraph (1) by inserting after 2009 the following: and $250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(ii)

in paragraph (2) by inserting after 2009 the following: and $1,225,000 shall be available for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(C)

University transportation research

Section 5506(k)(3) of title 49, United States Code, is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(f)

Extension of set-Aside programs and activities

Section 1101 of SAFETEA–LU (119 Stat. 1153) is further amended by adding at the end the following:

(d)

Extension of set-Aside programs and activities

(1)

Authorization of appropriations

The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009:

(A)

Recreational trails administrative costs

To cover costs of the Secretary described in section 104(h)(1) of title 23, United States Code, $210,000.

(B)

Interstate maintenance discretionary projects

To carry out projects described in section 118(c)(1) of such title $25,000,000.

(C)

Nondiscrimination

(i)

Skills training

For the administration of section 140(b) of such title $2,500,000.

(ii)

On-the-job training

For the administration of section 140(c) of such title $2,500,000.

(D)

Territories

For the territorial highway program under section 215 of such title $12,500,000.

(E)

Alaska highway

For the Alaska Highway program under section 218 of such title $7,500,000.

(2)

Project selection criteria

The project selection criteria in section 118(c)(2) of such title shall apply to amounts made available by paragraph (1)(B).

(3)

Contract authority

Funds made available by this subsection shall be available for obligation and administered in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, and shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.

.

(g)

Operation lifesaver

Section 104(d)(1)(B) of title 23, United States Code, is amended by inserting after 2009 the following: and $140,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(h)

Railway-Highway crossing hazard elimination in high speed rail corridors

(1)

Authorization of appropriations

Section 104(d)(2)(A)(ii) of title 23, United States Code, is amended by striking and $15,000,000 for fiscal year 2009 and inserting $15,000,000 for fiscal year 2009, and $3,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(2)

Certain improvements

Section 104(d)(2)(E) of such title is amended by striking and $3,000,000 for fiscal year 2009 and inserting $3,000,000 for fiscal year 2009, and $750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(i)

Increased Federal share for CMAQ projects

Section 120(c)(2) of title 23, United States Code, is amended by inserting after or both, the following: or with funds obligated in the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,.

(j)

HOV facilities

Section 166(b)(5) of title 23, United States Code, is amended by striking Before September 30, 2009 each place it appears and inserting Through the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(k)

Transportation infrastructure finance and innovation

Section 608 of title 23, United States Code, is amended—

(1)

in subsection (a)(1) by inserting before the period at the end the following: and $30,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(2)

in subsection (a)(3) by inserting before the period at the end the following: and not more than $550,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(l)

State infrastructure bank program

Section 610 of title 23, United States Code, is amended—

(1)

in subsection (d)(1)—

(A)

in subparagraph (A) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(B)

in subparagraph (B) by inserting after fiscal years the following: , and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(2)

in subsection (d)(2) by inserting after 2009 the following: , and in the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(3)

in subsection (d)(3) by inserting after 2009 the following: , and in the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,; and

(4)

in subsection (k) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(m)

Reduction of allocated programs

The Secretary of Transportation shall reduce the amount that would be made available, but for this section, for fiscal year 2010 for allocation under a program that is continued both by a multiyear law reauthorizing such program enacted after the date of enactment of this Act and by this section (including the amendments made by this section) by the amount made available for such program by this section (including the amendments made by this section).

(n)

Program category reconciliation

The Secretary may establish procedures under which funds allocated under this section and the amendments made by this section for fiscal year 2010 for a program category for which funds are not authorized for fiscal year 2010 under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act may be restored to the Federal-aid highway program.

5.

Extension of highway safety programs of the National Highway Traffic Safety Administration

(a)

Chapter 4 highway safety programs

Section 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is amended—

(1)

by striking and; and

(2)

by inserting after 2009 the following: , and $58,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(b)

Highway safety research and development

Section 2001(a)(2) of such Act (119 Stat. 1519) is amended—

(1)

by striking and; and

(2)

by inserting after 2009 the following: , and $26,375,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(c)

Occupant protection incentive grants

(1)

Extension of program

Section 405 of title 23, United States Code, is amended—

(A)

in subsection (a)(3) by striking 6 and inserting 7; and

(B)

in subsection (a)(4)(C) by striking in each of the fifth and sixth fiscal years beginning after September 30, 2003, and inserting in each subsequent fiscal year.

(2)

Authorization of appropriations

Section 2001(a)(3) of such Act (119 Stat. 1519) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the following: , and $6,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(d)

Safety belt performance grants

(1)

Extension of program

Section 406(c)(1) of title 23, United States Code, is amended by striking 2009 and inserting 2010.

(2)

Authorization of appropriations

Section 2001(a)(4) of such Act (119 Stat. 1519) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the following: , and $31,125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(e)

State traffic safety information system improvements

Section 2001(a)(5) of such Act (119 Stat. 1519) is amended—

(1)

by striking and; and

(2)

by inserting after 2009 the following: , and $8,625,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(f)

Alcohol-Impaired driving countermeasures incentive grant program

(1)

Extension of program

Section 410 of title 23, United States Code, is amended—

(A)

in subsection (a)(3)(C) by striking in each of the fifth, sixth, seventh, and eighth fiscal years and inserting in each subsequent fiscal year; and

(B)

in subsection (b)(2)(C) by striking and 2009 and inserting , 2009, and 2010.

(2)

Authorization of appropriations

Section 2001(a)(6) of such Act (119 Stat. 1519) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the following: , and $34,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(g)

National driver register

Section 2001(a)(7) of such Act (119 Stat. 1520) is amended—

(1)

by striking and; and

(2)

by inserting after 2009 the following: , and $1,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(h)

High visibility enforcement program

(1)

Extension of program

Section 2009(a) of such Act (23 U.S.C. 402 note; 119 Stat. 1535) is amended by striking 2009 and inserting 2010.

(2)

Authorization of appropriations

Section 2001(a)(8) of such Act (119 Stat. 1520) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the second place it appears the following: , and $7,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(i)

Motorcyclist safety

(1)

Extension of program

Section 2010(d)(1)(B) of such Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking and fourth and inserting fourth, and fifth.

(2)

Authorization of appropriations

Section 2001(a)(9) of such Act (119 Stat. 1520) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the following: , and $1,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(j)

Child safety and child booster seat safety incentive grants

(1)

Extension of program

Section 2011(c)(2) of such Act (23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking fourth fiscal year and inserting fourth and fifth fiscal years.

(2)

Authorization of appropriations

Section 2001(a)(10) of such Act (119 Stat. 1520) is amended—

(A)

by striking and; and

(B)

by inserting after 2009 the following: , and $1,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(k)

Administrative expenses

Section 2001(a)(11) of such Act (119 Stat. 1520) is amended—

(1)

by striking and the last place it appears; and

(2)

by inserting after 2009 the following: , and $4,625,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(l)

Applicability of title 23

Section 2001(c) of such Act (119 Stat. 1520) is amended by striking 2009 and inserting 2010.

(m)

Drug-impaired driving enforcement

Section 2013(f) of such Act (23 U.S.C. 403 note; 119 Stat. 1540) is amended to read as follows:

(f)

Funding

Out of amounts made available to carry out section 403 of title 23, United States Code, the Secretary shall make available to carry out this section—

(1)

$1,200,000 for each of fiscal years 2006 through 2009; and

(2)

$300,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(n)

Older driver safety; law enforcement training

Section 2017 of such Act (23 U.S.C. 402 note; 119 Stat. 1541) is amended—

(1)

in subsection (a)(1) by inserting after 2009 the following: and $425,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(2)

in subsection (b)(2) by inserting after 2009 the following: and $500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

6.

Extension of Federal motor carrier safety administration programs

(a)

Motor carrier safety grants

Section 31104(a) of title 49, United States Code, is amended—

(1)

by striking and at the end of paragraph (4);

(2)

by striking the period at the end of paragraph (5) and inserting ; and; and

(3)

by adding at the end the following:

(6)

$52,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(b)

Administrative expenses

Section 31104(i)(1) of title 49, United States Code, is amended—

(1)

by striking and at the end of subparagraph (D);

(2)

by striking the period at the end of subparagraph (E) and inserting ; and; and

(3)

by adding at the end the following:

(F)

$58,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(c)

High priority activities

Section 31104(k) of title 49, United States Code, is amended—

(1)

in paragraph (2) by inserting after 2009 the following: , and $3,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(2)

in paragraph (4) by inserting or for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after fiscal year.

(d)

Grant programs

Section 4101(c) of SAFETEA–LU (119 Stat. 1715) is amended—

(1)

in paragraph (1) by striking the period at the end and inserting and $6,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.;

(2)

in paragraph (2) by striking the period at the end and inserting and $8,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.;

(3)

in paragraph (3) by striking the period at the end and inserting and $1,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.;

(4)

in paragraph (4) by striking the period at the end and inserting and $6,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.; and

(5)

in paragraph (5) by striking the period at the end and inserting and $750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009..

(e)

New entrant audits

Section 31144(g)(5)(B) of title 49, United States Code, is amended by inserting after fiscal year the following: and, in the case of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, up to $7,250,000.

(f)

High priority activities

Section 31313(b)(2) of such title is amended by inserting or for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after fiscal year.

(g)

Commercial driver’s license information system modernization

Section 4123(d) of SAFETEA–LU (119 Stat. 1736) is amended—

(1)

by striking and at the end of paragraph (3);

(2)

by striking the period at the end of paragraph (4) and inserting ; and; and

(3)

by adding at the end the following:

(5)

$2,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(h)

Outreach and education

Section 4127(e) of such Act (119 Stat. 1741) is amended by inserting after 2009 the following: (and, in the case of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, $250,000 to the Federal Motor Carrier Safety Administration and $750,000 to the National Highway Traffic Safety Administration).

(i)

Grant program for commercial motor vehicle operators

Section 4134(c) of such Act (119 Stat. 1744) is amended by inserting after 2009 the following: and $250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(j)

Exemption during harvest periods

Section 4146 of such Act (119 Stat. 1749) is amended by striking at the end of fiscal year 2009 and inserting on the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(k)

Working group for development of practices and procedures to enhance Federal-State relations

Section 4213(d) of such Act (119 Stat. 1759) is amended by striking September 30, 2009 and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(l)

Office of intermodalism

Section 5503(i) of title 49, United States Code, is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

7.

Extension of Federal transit programs

(a)

Allocation of funds

Section 5305(g) of title 49, United States Code, is amended by striking 2009 and inserting 2009 and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(b)

Special rule

Section 5307(b)(2) of such title is amended—

(1)

in the paragraph heading by striking 2009 and inserting 2009 and the extension period;

(2)

in subparagraph (A) by striking 2009, and inserting 2009 and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,; and

(3)

in subparagraph (E)—

(A)

by striking the subparagraph heading and inserting Maximum amounts in fiscal years 2008 and 2009 and the extension period.—; and

(B)

by striking 2009 and inserting 2009 and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(c)

Allocating amounts

Section 5309(m) of such title is amended—

(1)

in paragraph (2) by striking the matter preceding subparagraph (A), including the paragraph designator and heading, and inserting the following:

(2)

Fiscal years 2006 through 2009 and the extension period

The amounts made available or appropriated for fiscal years 2006 through 2009 and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 under sections 5338(b) and 5338(c) shall be allocated as follows:

;

(2)

in paragraph (2)(A)(i) by striking 2009 and inserting 2009 and $50,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009;

(3)

in paragraph (6)(B) by striking 2009 and inserting 2009, and $3,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(4)

in paragraph (6)(C) by striking 2009 and inserting 2009, and $1,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,;

(5)

in paragraph (7)(A)—

(A)

by striking 2009 and inserting 2009, and $2,500,000 shall be available for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,; and

(B)

by striking each fiscal year and inserting each of fiscal years 2006 through 2009;

(6)

in paragraph (7)(B) by inserting after clause (iv) the following:

(v)

$3,375,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

;

(7)

in paragraph (7)(C) by inserting and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after fiscal year;

(8)

in paragraph (7)(D) by inserting , and not less than $8,750,000 shall be available for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after fiscal year; and

(9)

in paragraph (7)(E) by inserting , and $750,000 shall be available for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after fiscal year.

(d)

Apportionments

Section 5311(c)(1) of such title is amended by inserting after subparagraph (D) the following:

(E)

$3,750,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(e)

Apportionment based on fixed guideway factors

Section 5337(a) of such title is amended by striking 2009 and inserting 2009 and the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 (with 3/12 of each of the dollar amounts listed in paragraphs (1) through (6) made available for the extension period).

(f)

Formula and bus grants

Section 5338(b) of such title is amended—

(1)

in paragraph (1)—

(A)

by striking and at the end of subparagraph (C);

(B)

by striking the period at the end of subparagraph (D) and inserting ; and; and

(C)

by adding at the end the following:

(E)

$2,090,141,250 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

;

(2)

in paragraph (2)(A)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $28,375,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(3)

in paragraph (2)(B)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $1,040,091,250 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(4)

in paragraph (2)(C)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $12,875,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(5)

in paragraph (2)(D)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $416,625,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(6)

in paragraph (2)(E)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $246,000,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(7)

in paragraph (2)(F)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $33,375,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(8)

in paragraph (2)(G)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $116,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(9)

in paragraph (2)(H)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $41,125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(10)

in paragraph (2)(I)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $23,125,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(11)

in paragraph (2)(J)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $6,725,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(12)

in paragraph (2)(K)—

(A)

by striking and after 2008;; and

(B)

by inserting , and $875,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(13)

in paragraph (2)(L)—

(A)

by striking and after 2008;; and

(B)

by inserting , and $6,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(14)

in paragraph (2)(M)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $116,250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009; and

(15)

in paragraph (2)(N)—

(A)

by striking and after 2008,; and

(B)

by inserting , and $2,200,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009.

(g)

Capital investment grants

Section 5338(c) of such title is amended—

(1)

by striking and at the end of paragraph (3);

(2)

by striking the period at the end of paragraph (4) and inserting ; and; and

(3)

by adding at the end the following:

(5)

$452,312,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(h)

Research and university research centers

Section 5338(d) of such title is amended—

(1)

in the matter preceding subparagraph (A) of paragraph (1)—

(A)

by striking and after 2008,; and

(B)

by inserting and $17,437,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after 2009,;

(2)

in paragraph (1)(A)—

(A)

by striking and after 2008,; and

(B)

by inserting and $2,500,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 after 2009;

(3)

in paragraph (1)(B)—

(A)

by inserting , and $1,075,000 shall be allocated for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after each fiscal year the first place it appears; and

(B)

by inserting , and of which not more than $250,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after each fiscal year the second place it appears;

(4)

in paragraph (1)(C) by inserting , and $1,750,000 shall be allocated for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after each fiscal year;

(5)

in paragraph (1)(D) by inserting , and $750,000 shall be allocated for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after each fiscal year; and

(6)

in paragraph (1)(E) by inserting , and $250,000 shall be allocated for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, after each fiscal year.

(i)

Administration

Section 5338(e) of such title is amended—

(1)

by striking and at the end of paragraph (3);

(2)

by striking the period at the end of paragraph (4) and inserting ; and; and

(3)

by adding at the end the following:

(5)

$24,625,000 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

.

(j)

Extension of SAFETEA–LU programs

(1)

Contracted paratransit pilot

Section 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(2)

Public-private partnership pilot program

Section 3011(c)(5) of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(3)

Restrictions on use of bus category funds for fixed guideway projects

Section 3011(d) of SAFETEA–LU (49 U.S.C. 5309 note) is amended by inserting after 2009 the following: and in the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(4)

Elderly individuals and individuals with disabilities pilot program

Section 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note) is amended by striking September 30, 2009 and inserting the last day of the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(k)

Obligation ceiling

Section 3040 of SAFETEA–LU (119 Stat. 1639) is amended—

(1)

by striking and at the end of paragraph (4);

(2)

by striking the period at the end of paragraph (5) and inserting ; and; and

(3)

by adding at the end the following:

(6)

$2,584,516,250 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, of which not more than $2,090,141,250 shall be from the Mass Transit Account.

.

(l)

Final design and construction of new fixed guideway capital projects

Section 3043(b) of SAFETEA–LU (119 Stat. 1641) is amended in the matter preceding paragraph (1) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(m)

Preliminary engineering of new fixed guideway capital projects

Section 3043(c) of SAFETEA–LU (119 Stat. 1642) is amended in the matter preceding paragraph (1) by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

(n)

Apportionment period

The Secretary of Transportation shall apportion funds under this section, including the amendments made by this section, not later than 21 days after the date of enactment of this Act.

(o)

Treatment of funds

Amounts made available under the amendments made by this section shall be treated for purposes of section 1101(b) of SAFETEA–LU (23 U.S.C. 101 note) as amounts made available for programs under title III of that Act.

8.

Boating safety extension

(a)

Authorization of appropriations

Section 3 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777b) is amended by inserting after 1984, the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009,.

(b)

Division of annual appropriations

(1)

In general

Section 4(a) of such Act (16 U.S.C. 777c(a)) is amended—

(A)

by inserting after 2009 the following: and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009; and

(B)

by striking annual.

(2)

Administrative expenses

Section 4(b)(1)(A) of such Act (16 U.S.C. 777c(b)(1)(A)) is amended to read as follows:

(A)

Set-aside for administration

From the annual appropriation made in accordance with section 3, for each of fiscal years 2006 through 2009 and for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, the Secretary of the Interior may use no more than the amount specified in subparagraph (B) or (C) for the fiscal year or period, as appropriate, 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) or (C) for a fiscal year or period may not be included in the amount of the appropriation distributed under subsection (a) for the fiscal year or period.

.

(3)

Set-aside amount

Section 4(b)(1) of such Act (16 U.S.C. 777c(b)(1)) is amended by adding at the end the following:

(C)

Extension period

The available amount referred to in subparagraph (A) for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 is 25 percent of the available amount under subparagraph (B) for fiscal year 2009.

.

(4)

Apportionment among States

The first sentence of section 4(c) of such Act (16 U.S.C. 777c(c)) is amended by striking annual.

(c)

Public access to waters

Section 8(b) of such Act (16 U.S.C. 777g(b)) is amended—

(1)

in paragraph (1)—

(A)

in the first sentence by striking for each fiscal year; and

(B)

in the second sentence by striking in a fiscal year; and

(2)

in paragraph (2) by striking annual.

(d)

Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin Islands

Section 12 of such Act (16 U.S.C. 777k) is amended by striking annual.

(e)

Multistate conservation grant program

(1)

Amount for grants

Section 14(a)(1) of such Act (16 U.S.C. 777m(a)(1)) is amended to read as follows:

(1)

Amount for grants

Not more than $3,000,000 of each annual appropriation made in accordance with the provisions of section 3, and not more than $750,000 of the appropriation made for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009 in accordance with the provisions of section 3, shall be distributed to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.

.

(2)

Funding for other activities

Section 14(e) of such Act (16 U.S.C. 777m(e)) is amended by adding at the end the following:

For the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, paragraph (1) shall be applied by substituting $50,000 for $200,000 and paragraph (2) shall be applied by substituting $100,000 for $400,000.

.

9.

Level of obligation limitations

(a)

Highway category

Section 8003(a) of SAFETEA–LU (119 Stat. 1917) is amended—

(1)

by striking and at the end of paragraph (4);

(2)

by striking the period at the end of paragraph (5) and inserting ; and; and

(3)

by adding at the end the following:

(6)

for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, $10,617,492,545.

.

(b)

Mass transit category

Section 8003(b) of SAFETEA–LU (119 Stat. 1917) is amended—

(1)

by striking and at the end of paragraph (4);

(2)

by striking the period at the end of paragraph (5) and inserting ; and; and

(3)

by inserting after paragraph (5) the following:

(6)

for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009, $2,584,516,250.

.

(c)

Treatment of funds

No adjustment pursuant to section 110 of title 23, United States Code, shall be made for fiscal year 2010.

10.

Hazardous materials research projects

Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended by inserting after 2009 the following: and $312,500 for the period referred to in section 1(b) of the Surface Transportation Extension Act of 2009.

11.

Extension and expansion of expenditure authority from trust funds

(a)

Highway Trust Fund

(1)

Highway account

Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended—

(A)

by striking September 30, 2009 (October 1, 2009 and inserting December 31, 2009 (January 1, 2010, and

(B)

by striking under and all that follows and inserting under the Surface Transportation Extension Act of 2009 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act)..

(2)

Mass transit account

Paragraph (3) of section 9503(e) of such Code is amended—

(A)

by striking October 1, 2009 and inserting January 1, 2010, and

(B)

by striking in accordance with and all that follows and inserting in accordance with the Surface Transportation Extension Act of 2009 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act)..

(3)

Exception to limitation on transfers

Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking September 30, 2009 (October 1, 2009 and inserting December 31, 2009 (January 1, 2010.

(b)

Sport fish restoration and boating trust fund

(1)

In general

Paragraph (2) of section 9504(b) of such Code is amended—

(A)

by striking (as in effect in subparagraph (A) and all that follows in such subparagraph and inserting (as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009),,

(B)

by striking (as in effect in subparagraph (B) and all that follows in such subparagraph and inserting (as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009), and, and

(C)

by striking (as in effect in subparagraph (C) and all that follows in such subparagraph and inserting (as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009)..

(2)

Exception to limitation on transfers

Paragraph (2) of section 9504(d) of such Code is amended by striking October 1, 2009 and inserting January 1, 2010.

(c)

Effective date

The amendments made by this section shall take effect on September 30, 2009.

Passed the House of Representatives September 23, 2009.

Lorraine C. Miller,

Clerk

October 29, 2009

Read the second time and placed on the calendar