article: 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.''.
summary: 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.