Sec. 1101. AUTHORIZATION OF APPROPRIATIONS
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## SEC. 1101 AUTHORIZATION OF APPROPRIATIONS ###
(a)In General The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): ####
(1)Interstate maintenance program For the Interstate maintenance program under section 119 of title 23, United States Code— #####
(A)$4,883,759,623 for fiscal year 2005; #####
(B)$4,960,788,917 for fiscal year 2006; #####
(C)$5,039,058,556 for fiscal year 2007; #####
(D)$5,118,588,513 for fiscal year 2008; and #####
(E)$5,199,399,081 for fiscal year 2009. ####
(2)National highway system For the National Highway System under section 103 of such title— #####
(A)$5,911,200,104 for fiscal year 2005; #####
(B)$6,005,256,569 for fiscal year 2006; #####
(C)$6,110,827,556 for fiscal year 2007; #####
(D)$6,207,937,450 for fiscal year 2008; and #####
(E)$6,306,611,031 for fiscal year 2009. ####
(3)Bridge program For the bridge program under section 144 of such title— #####
(A)$4,187,708,821 for fiscal year 2005; #####
(B)$4,253,530,131 for fiscal year 2006; #####
(C)$4,320,411,313 for fiscal year 2007; #####
(D)$4,388,369,431 for fiscal year 2008; and #####
(E)$4,457,421,829 for fiscal year 2009. ####
(4)Surface transportation program For the surface transportation program under section 133 of such title— #####
(A)$6,860,096,662 for fiscal year 2005; #####
(B)$6,269,833,394 for fiscal year 2006; #####
(C)$6,370,469,775 for fiscal year 2007; #####
(D)$6,472,726,628 for fiscal year 2008; and #####
(E)$6,576,630,046 for fiscal year 2009. ####
(5)Congestion mitigation and air quality improvement program For the congestion mitigation and air quality improvement program under section 149 of such title— #####
(A)$1,667,255,304 for fiscal year 2005; #####
(B)$1,694,101,866 for fiscal year 2006; #####
(C)$1,721,380,718 for fiscal year 2007; #####
(D)$1,749,098,821 for fiscal year 2008; and #####
(E)$1,777,263,247 for fiscal year 2009. ####
(6)Highway safety improvement program For the highway safety improvement program under section 148 of such title— #####
(A)$1,235,810,000 for fiscal year 2006; #####
(B)$1,255,709,322 for fiscal year 2007; #####
(C)$1,275,929,067 for fiscal year 2008; and #####
(D)$1,296,474,396 for fiscal year 2009. ####
(7)Appalachian development highway system program For the Appalachian development highway system program under subtitle IV of title 40, United States Code, $470,000,000 for each of fiscal years 2005 through 2009. ####
(8)Recreational trails program For the recreational trails program under section 206 of title 23, United States Code— #####
(A)$60,000,000 for fiscal year 2005; #####
(B)$70,000,000 for fiscal year 2006; #####
(C)$75,000,000 for fiscal year 2007; #####
(D)$80,000,000 for fiscal year 2008; and #####
(E)$85,000,000 for fiscal year 2009. ####
(9)Federal lands highways program #####
(A)Indian reservation roads For Indian reservation roads under section 204 of such title— ######
(i)$300,000,000 for fiscal year 2005; ######
(ii)$330,000,000 for fiscal year 2006; ######
(iii)$370,000,000 for fiscal year 2007; ######
(iv)$410,000,000 for fiscal year 2008; and ######
(v)$450,000,000 for fiscal year 2009. #####
(B)Park roads and parkways ######
(i)In general For park roads and parkways under section 204 of such title— ######
(I)$180,000,000 for fiscal year 2005; ######
(II)$195,000,000 for fiscal year 2006; ######
(III)$210,000,000 for fiscal year 2007; ######
(IV)$225,000,000 for fiscal year 2008; and ######
(V)$240,000,000 for fiscal year 2009. ######
(ii)Minimum allocation to certain states A State containing more than 50 percent of the total acreage of the National Park System shall receive not less than 3 percent of any funds appropriated under this subparagraph. #####
(C)Refuge roads For refuge roads under section 204 of such title, $29,000,000 for each of fiscal years 2005 through 2009. #####
(D)Public lands highways For Federal lands highways under section 204 of such title— ######
(i)$260,000,000 for fiscal year 2005; ######
(ii)$280,000,000 for fiscal year 2006; ######
(iii)$280,000,000 for fiscal year 2007; ######
(iv)$290,000,000 for fiscal year 2008; and ######
(v)$300,000,000 for fiscal year 2009. ####
(10)National corridor infrastructure improvement program For the national corridor infrastructure improvement program under section 1302 of this Act— #####
(A)$194,800,000 for fiscal year 2005; #####
(B)$389,600,000 for fiscal year 2006; #####
(C)$487,000,000 for fiscal year 2007; #####
(D)$487,000,000 for fiscal year 2008; and #####
(E)$389,600,000 for fiscal year 2009. ####
(11)Coordinated border infrastructure program For the coordinated border infrastructure program under section 1303 of this Act— #####
(A)$123,000,000 for fiscal year 2005; #####
(B)$145,000,000 for fiscal year 2006; #####
(C)$165,000,000 for fiscal year 2007; #####
(D)$190,000,000 for fiscal year 2008; and #####
(E)$210,000,000 for fiscal year 2009. ####
(12)National scenic byways program For the national scenic byways program under section 162 of such title— #####
(A)$26,500,000 for fiscal year 2005; #####
(B)$30,000,000 for fiscal year 2006; #####
(C)$35,000,000 for fiscal year 2007; #####
(D)$40,000,000 for fiscal year 2008; and #####
(E)$43,500,000 for fiscal year 2009. ####
(13)Construction of ferry boats and ferry terminal facilities For construction of ferry boats and ferry terminal facilities under section 147 of such title— #####
(A)$38,000,000 for fiscal year 2005; #####
(B)$55,000,000 for fiscal year 2006; #####
(C)$60,000,000 for fiscal year 2007; #####
(D)$65,000,000 for fiscal year 2008; and #####
(E)$67,000,000 for fiscal year 2009. ####
(14)Puerto rico highway program For the Puerto Rico highway program under section 165 of such title— #####
(A)$115,000,000 for fiscal year 2005; #####
(B)$120,000,000 for fiscal year 2006; #####
(C)$135,000,000 for fiscal year 2007; #####
(D)$145,000,000 for fiscal year 2008; and #####
(E)$150,000,000 for fiscal year 2009. ####
(15)Projects of national and regional significance program For the projects of national and regional significance program under section 1301 of this Act— #####
(A)$177,900,000 for fiscal year 2005; #####
(B)$355,800,000 for fiscal year 2006; #####
(C)$444,750,000 for fiscal year 2007; #####
(D)$444,750,000 for fiscal year 2008; and #####
(E)$355,800,000 for fiscal year 2009. ####
(16)High priority projects program For the high priority projects program under section 117 of title 23, United States Code, $2,966,400,000 for each of fiscal years 2005 through 2009. ####
(17)Safe routes to school program For the safe routes to school program under section 1404 of this Act— #####
(A)$54,000,000 for fiscal year 2005; #####
(B)$100,000,000 for fiscal year 2006; #####
(C)$125,000,000 for fiscal year 2007; #####
(D)$150,000,000 for fiscal year 2008; and #####
(E)$183,000,000 for fiscal year 2009. ####
(18)Deployment of magnetic levitation transportation projects For the deployment of magnetic levitation projects under section 1307 of this Act, $45,000,000 for each of fiscal years 2008 and 2009. ####
(19)National corridor planning and development and coordinated border infrastructure programs For the national corridor planning and development and coordinated border infrastructure programs under sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161, 163) $140,000,000 for fiscal year 2005. ####
(20)Highways for life For the Highways for LIFE Program under section 1502 of this Act— #####
(A)$15,000,000 for fiscal year 2006; and #####
(B)$20,000,000 for each of fiscal years 2007 through 2009. ####
(21)Highway use tax evasion projects For highway use tax evasion projects under section 1115 of this Act— #####
(A)$5,000,000 for fiscal year 2005; #####
(B)$44,800,000 for fiscal year 2006; #####
(C)$53,300,000 for fiscal year 2007; and #####
(D)$12,000,000 for each of fiscal years 2008 and 2009. ###
(b)Disadvantaged Business Enterprises **[**[23 U.S.C. 101 note](/us/usc/t23/s101)**]** ####
(1)Definitions In this subsection, the following definitions apply: #####
(A)Small business concern The term “**small business concern**” has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $19,570,000, as adjusted annually by the Secretary for inflation. #####
(B)Socially and economically disadvantaged individuals The term “**socially and economically disadvantaged individuals**” has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. ####
(2)General rule Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. ####
(3)Annual listing of disadvantaged business enterprises Each State shall annually— #####
(A)survey and compile a list of the small business concerns referred to in paragraph
(2)and the location of the concerns in the State; and #####
(B)notify the Secretary, in writing, of the percentage of the concerns that are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals. ####
(4)Uniform certification The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. The minimum uniform criteria shall include, but not be limited to, on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. ####
(5)Compliance with court orders Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph
(2)because a Federal court issues a final order in which the court finds that the requirement of paragraph (2), or the program established under paragraph (2), is unconstitutional.
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