text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Recycled Roads Act of 2003''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) in 2000, there were more than 3,951,000 miles of 
          highways in the United States;
              (2) in the early 1990s, as much as 350,000,000 tons of raw 
          and recyclable material were used annually for highway 
          construction, rehabilitation, and maintenance;
              (3) in 2002, the Federal Government provided 
          $26,348,000,000, or more than 34 percent of funding, for 
          highways in the United States;
              (4) at least 45 States recycle a total of 73,000,000 tons 
          of reclaimed asphalt pavement annually, the use of which 
          results in an annual savings of approximately $300,000,000 as 
          compared with the cost of using raw material;
              (5) in 2002, the Federal Highway Administration issued a 
          policy encouraging States to use recycled material in highway 
          construction because recycling and reuse can offer engineering, 
          economic, and environmental benefits;
              (6) greater incorporation of recyclable material in highway 
          construction would--
                      (A) provide a significant new national market for 
                  the use of recyclable material;
                      (B) create new markets and incentives for recycling 
                  in small communities;
                      (C) conserve raw material; and
                      (D) reduce the quantities of waste deposited in 
                  landfills in the United States (which would produce an 
                  additional savings for the Federal Government and State 
                  governments); and
              (7) the increased use of recyclable material in highway 
          construction could--
                      (A) provide additional opportunities for rural 
                  economic development; and
                      (B) encourage expanded use of biomass products.
  
  SEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY CONSTRUCTION.
  
      (a) In General.--Subchapter I of chapter 1 of title 23, United 
  States Code, is amended by inserting after section 138 the following:
  ``Sec. 139. Use of recyclable material in Federal-aid highway 
                construction
      ``(a) Definition of Recyclable Material.--In this section:
              ``(1) In general.--The term `recyclable material' means any 
          material described in paragraph (2) that is determined by the 
          Secretary, in consultation with the Administrator of the 
          Environmental Protection Agency--
                      ``(A) to be recyclable and usable in construction 
                  of a Federal-aid highway; and
                      ``(B) to have undergone a recycling process to 
                  prepare the material for further use.
              ``(2) Materials.--The materials referred to in paragraph 
          (1) are--
                      ``(A) glass;
                      ``(B) forest biomass;
                      ``(C) a used tire or tire product;
                      ``(D) reclaimed asphalt;
                      ``(E) plastic; and
                      ``(F) any other suitable material that does not 
                  contain a total concentration of any toxic constituent 
                  that poses a risk to human health or the environment--
                              ``(i) during preconstruction activity, 
                          including storage, transportation, or 
                          preparation of the material for use in road 
                          construction;
                              ``(ii) during the useful life of the road; 
                          or
                              ``(iii) after the useful life of the road, 
                          including subsequent recycling, reuse, or 
                          disposal of components of or debris from the 
                          road.
      ``(b) Program.--
              ``(1) Establishment.--The Secretary shall establish a 
          recycled roads incentive grant program to encourage the 
          expanded use by States and Indian tribes of a diverse range of 
          recyclable material in the construction of Federal-aid 
          highways.
              ``(2) Grants.--In carrying out this section, the Secretary 
          shall provide to each State or qualified (as determined by the 
          Secretary) Indian tribe--
                      ``(A) a grant, in an amount not to exceed $125,000 
                  for a fiscal year, to be used by the State or Indian 
                  tribe in employing a coordinator to promote the use of 
                  a diverse range of recyclable material in Federal-aid 
                  highway construction; and
                      ``(B) a grant, on a competitive basis, in an amount 
                  not to exceed $1,400,000 for a fiscal year, to be used 
                  by the State or Indian tribe in carrying out projects 
                  and activities to promote the expanded use of a diverse 
                  range of recyclable material in Federal-aid highway 
                  construction and maintenance, such as projects and 
                  activities to--
                              ``(i) eliminate economic barriers;
                              ``(ii) develop markets;
                              ``(iii) provide outreach, training, or 
                          technical assistance; or
                              ``(iv) collect program and performance 
                          data.
              ``(3) Administration.--
                      ``(A) Redistribution of funds.--If funds made 
                  available for use in providing grants under 
                  subparagraph (A) or (B) of paragraph (2) for a fiscal 
                  year remain after the Secretary has provided grants 
                  under the subparagraph for the fiscal year, the 
                  Secretary--
                              ``(i) may use the remaining funds to 
                          provide additional grants under that paragraph 
                          for the fiscal year; but
                              ``(ii) notwithstanding any other provision 
                          of this title, shall not use the funds to 
                          provide grants or assistance under any other 
                          program under this title.
                      ``(B) Transportation and environmental 
                  cooperation.--In providing a grant to a State or Indian 
                  tribe under paragraph (2)(B), the Secretary shall 
                  encourage cooperation between transportation and 
                  environmental programs carried out by the State or 
                  Indian tribe.
                      ``(C) Equitable treatment of states and indian 
                  tribes.--To the maximum extent practicable, the 
                  Secretary shall treat an Indian tribe as a State for 
                  the purpose of a grant provided under paragraph (2).
              ``(4) State and tribal reports.--For the fiscal year in 
          which the program under this section is implemented and each 
          fiscal year thereafter, each State and Indian tribe that 
          receives a grant under paragraph (2) shall--
                      ``(A) collect a sampling of data pertaining to the 
                  use by the State or Indian tribe, during the fiscal 
                  year covered by the report, of recyclable material in 
                  the projects for construction of Federal-aid highways 
                  in the State or on land under the jurisdiction of the 
                  Indian tribe that are carried out under this section or 
                  any other provision of this title using at least 
                  $1,000,000 in Federal funds, including a description 
                  of--
                              ``(i) each type of recyclable material 
                          used;
                              ``(ii) the quantity of each recyclable 
                          material used; and
                              ``(iii) the proportion that--
                                      ``(I) the quantity of each 
                                  recyclable material used; bears to
                                      ``(II) the quantity of all 
                                  recyclable material and raw material 
                                  used; and
                      ``(B) submit to the Secretary a report describing 
                  those data.
              ``(5) Quality control.--The Secretary shall ensure, to the 
          maximum extent practicable, that data provided by a State or 
          Indian tribe under paragraph (4) is of a sufficient quality and 
          range to permit the Secretary to assess national 
          accomplishments involving the use of recyclable material.
      ``(c) Reports.--
              ``(1) Initial report.--Not later than 180 days after the 
          date of enactment of the Recycled Roads Act of 2003, the 
          Secretary shall submit to the appropriate committees of 
          Congress a report on the program to be carried out under this 
          section that includes--
                      ``(A) an overview of program requirements;
                      ``(B) an analysis of any significant issues 
                  relating to the program; and
                      ``(C) a proposed timeline for implementation of the 
                  program.
              ``(2) Annual reports.--Not later than 2 years after the 
          date of enactment of the Recycled Roads Act of 2003, and 
          annually thereafter on the date of issuance of the annual 
          program performance report under section 1116 of title 31, 
          United States Code, the Secretary shall submit to the 
          appropriate committees of Congress a report on the program 
          under this section, including, for each recyclable material 
          used in the construction of a Federal-aid highway during the 
          period covered by the report, the information described in 
          subsection (b)(4).
      ``(d) Regulations.--The Secretary shall promulgate such regulations 
  as are necessary to carry out this section.
      ``(e) Authorization of Appropriations.--There are authorized to be 
  appropriated from the Highway Trust Fund (other than the Mass Transit 
  Account)--
              ``(1) $10,125,000 for use in providing grants under 
          subsection (b)(2)(A) for each fiscal year; and
              ``(2) $113,400,000 for use in providing grants under 
          subsection (b)(2)(B) for each fiscal year.''.
      (b) Conforming Amendment.--The analysis for subchapter I of chapter 
  1 of title 23, United States Code, is amended by inserting after the 
  item relating to section 138 the following:
  
  ``139. Use of recyclable material in Federal-aid highway 
                              construction.''.
target: Recycled Roads Act of 2003 - Directs the Secretary of Transportation to establish a recycled roads incentive grant program to encourage, and to make grants to States and Indian tribes to employ a coordinator and carry out projects and activities to promote, the expanded use of a diverse range of recyclable material in the construction and maintenance of Federal-aid highways. Directs the Secretary to: (1) encourage cooperation between transportation and environmental programs carried out by the State or Indian tribe; and (2) treat an Indian tribe as a State for the purpose of such grants.
feat_title: A bill to amend title 23, United States Code, to establish a program to increase the use of recyclable material in the construction of Federal-aid highways.