(8) Evidence The term evidence means any testimony, object, or document described in section 5 that would be reliable, authentic, probative, and persuasive in Federal district court under the Federal Rules of Evidence that are in effect on the date of the enactment of this Act. (9) Highway The term highway means any road, way, right-of-way, or other land surface route of travel over which the public has the right of use for passage, whether by carriage, animal, foot, or non-motorized or motorized vehicle. (10) Improvement The term improvement is distinguished from ordinary maintenance and repair and includes— (A) the widening of a highway