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[DOCID: f:hr550.105]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT
FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
_______
May 22, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Shuster, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2400]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2400), to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1308. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation upon
termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of
defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies
of costs of treatment of veterans for tobacco-related
illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate
System'' has the meaning such term has under section
101 of title 23, United States Code.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
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, $3,427,341,000 for fiscal
year 1998, $3,957,103,000 for fiscal year 1999,
$3,994,524,000 for fiscal year 2000, $4,073,322,000 for
fiscal year 2001, $4,139,630,000 for fiscal year 2002,
and $4,217,635,000 for fiscal year 2003.
(2) National highway system.--For the National
Highway System under section 103 of such title
$4,112,480,000 for fiscal year 1998, $4,748,523,000 for
fiscal year 1999, $4,793,429,000 for fiscal year 2000,
$4,887,986,000 for fiscal year 2001, $4,967,556,000 for
fiscal year 2002, and $5,061,162,000 for fiscal year
2003.
(3) Bridge program.--For the bridge program under
section 144 of such title $2,941,454,000 for fiscal
year 1998, $3,395,354,000 for fiscal year 1999,
$3,427,472,000 for fiscal year 2000, $3,495,104,000 for
fiscal year 2001, $3,552,016,000 for fiscal year 2002,
and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the
surface transportation program under section 133 of
such title $4,797,620,000 for fiscal year 1998,
$5,539,944,000 for fiscal year 1999, $5,592,333,000 for
fiscal year 2000, $5,702,651,000 for fiscal year 2001,
$5,795,482,000 for fiscal year 2002, and $5,904,689,000
for fiscal year 2003.
(5) Congestion mitigation and air quality
improvement program.--For the congestion mitigation and
air quality improvement program under section 149 of
such title $1,192,619,000 for fiscal year 1998,
$1,345,415,000 for fiscal year 1999, $1,358,138,000 for
fiscal year 2000, $1,384,930,000 for fiscal year 2001,
$1,407,474,000 for fiscal year 2002, and $1,433,996,000
for fiscal year 2003.
(6) Appalachian development highway system
program.--For the Appalachian development highway
system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.)
$450,000,000 for each of fiscal years 1999 through
2003.
(7) Recreational trails program.--For the
recreational trails program under section 206 of such
title $30,000,000 for fiscal year 1998, $40,000,000 for
fiscal year 1999, and $50,000,000 for each of fiscal
years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such
title $225,000,000 for fiscal year 1998 and
$275,000,000 for each of fiscal years 1999
through 2003.
(B) Public lands highways.--For public
lands highways under section 204 of such title
$196,000,000 for fiscal year 1998 and
$246,000,000 for each of fiscal years 1999
through 2003.
(C) Park roads and parkways.--For park
roads and parkways under section 204 of such
title $115,000,000 for fiscal year 1998 and
$165,000,000 for each of fiscal years 1999
through 2003.
(D) Refuge roads.--For refuge roads under
section 204 of such title $20,000,000 for each
of fiscal years 1999 through 2003.
(9) 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 this Act $140,000,000 for
each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005) $30,000,000
for each of fiscal year 1998 and $38,000,000 for each
of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the
national scenic byways program under section 162 of
title 23, United States Code, $23,500,000 for each of
fiscal years 1998 and 1999, $24,500,000 for each of
fiscal years 2000 and 2001,and $25,500,000 for fiscal
year 2002, and $26,500,000 for fiscal year 2003.
(12) Value pricing pilot program.--For the value
pricing pilot program under section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000
for fiscal year 1999, and $11,000,000 for each of
fiscal years 2000 through 2003.
(13) High priority projects program.--For the high
priority projects program under section 117 of title
23, United States Code, $1,025,695,000 for fiscal year
1998, $1,398,675,000 for fiscal year 1999,
$1,678,410,000 for fiscal year 2000, $1,678,410,000 for
fiscal year 2001, $1,771,655,000 for fiscal year 2002,
and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway
use tax evasion projects under section 143 of such
title $5,000,000 for each of fiscal years 1998 through
2003.
(15) Commonwealth of puerto rico highway program.--
For the Commonwealth of Puerto Rico highway program
under section 1214(r) of this Act $110,000,000 for
fiscal years 1998 through 2003.
(b) Disadvantaged Business Enterprises.--
(1) 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 shall be
expended with small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term
``small business concern'' has the meaning such
term has under section 3 of the Small Business
Act (15 U.S.C. 632); except that such 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 $16,600,000, as adjusted by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and
economically disadvantaged individuals'' has
the meaning such term has under section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated
pursuant thereto; except that women shall be
presumed to be socially and economically
disadvantaged individuals for purposes of this
subsection.
(3) Annual listing of disadvantaged business
enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred
to in paragraph (1) and the location of such concerns
in the State and notify the Secretary, in writing, of
the percentage of such concerns which 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. Such 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, if the entity or person is
prevented, in whole or in part, from complying with
paragraph (1) because a Federal court issues a final
order in which the court finds that the requirement of
paragraph (1), or the program established under
paragraph (1), is unconstitutional.
(6) Review by comptroller general.--Not later than
3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct
a review of, and publish and report to Congress
findings and conclusions on, the impact throughout the
United States of administering the requirement of
paragraph (1), including an analysis of--
(A) in the case of small business concerns
certified in each State under paragraph (4) as
owned and controlled by socially and
economically disadvantaged individuals--
(i) the number of the small
business concerns; and
(ii) the participation rates of the
small business concerns in prime
contracts and subcontracts funded under
titles I, III, and V of this Act;
(B) in the case of small business concerns
described in subparagraph (A) that receive
prime contracts and subcontracts funded under
titles I, III, and V of this Act--
(i) the number of the small
business concerns;
(ii) the annual gross receipts of
the small business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(C) in the case of small business concerns
described in subparagraph (A) that do not
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act--
(i) the annual gross receipts of
the small business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(D) in the case of business concerns that
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act, other
than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of
the business concerns; and
(ii) the net worth of individuals
that own and control the business
concerns;
(E) the rate of graduation from any
programs carried out to comply with the
requirement of paragraph (1) for small business
concerns owned and controlled by socially and
economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including
administrative costs, certification costs,
additional construction costs, and litigation
costs;
(G) any discrimination on the basis of
race, color, national origin, or sex against
small business concerns owned and controlled by
socially and economically disadvantaged
individuals;
(H)(i) any other factors limiting the
ability of small business concerns owned and
controlled by socially and economically
disadvantaged individuals to compete for prime
contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those
factors are caused, in whole or in part, by
discrimination based on race, color, national
origin, or sex;
(I) any discrimination, on the basis of
race, color, national origin, or sex, against
construction companies owned and controlled by
socially and economically disadvantaged
individuals in public and private
transportation contracting and the financial,
credit, insurance, and bond markets;
(J) the impact on small business concerns
owned and controlled by socially and
economically disadvantaged individuals of--
(i) the issuance of a final order
described in paragraph (5) by a
Federalcourt that suspends a program established under paragraph (1);
or
(ii) the repeal or suspension of
State or local disadvantaged business
enterprise programs; and
(K) the impact of the requirement of
paragraph (1), and any program carried out to
comply with paragraph (1), on competition and
the creation of jobs, including the creation of
jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other
provision of law but subject to subsections (g) and (h), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations--
(1) under section 125 of title 23, United States
Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act
of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of
1987;
(6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991;
(7) under section 157 of title 23, United States
Code, as in effect on the day before the date of
enactment of this Act; and
(8) under section 105 of title 23, United States
Code but, for each of fiscal years 1998 through 2007,
only in an amount equal to $639,000,000 per fiscal
year.
(c) Distribution of Obligation Authority.--For each of
fiscal years 1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts
authorized for administrative expenses and programs
funded from the administrative takedown authorized by
section 104(a) of title 23, United States Code, and
amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) not distribute an amount of obligation
authority provided by subsection (a) that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highway and highway safety
programs for previous fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by
subsection (a) for such fiscal year less the
aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through
(7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(8)) for such
fiscal year less the aggregate of the amounts
not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) for section
117 of title 23, United States Code (relating to high
priority projects program), section 201 of the
Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995,
and $2,000,000,000 for such fiscal year under section
105 of such title (relating to minimum guarantee) so
that amount of obligation authority available for each
of such sections is equal to the amount determined by
multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for such section
(except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each ofthe programs
that are allocated by the Secretary under this Act and title 23, United
States Code (other than activities to which paragraph (1) applies and
programs to which paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-
aid highway and highway safety construction programs
(other than the minimum guarantee program, but only to
the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after
August 1 of each of fiscal years 1998 through 2003 revise a
distribution of the obligation authority made available under
subsection (c) if a State will not obligate the amount
distributed during that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in addition to
those previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, under section 160 of title 23, United
States Code (as in effect on the day before the date of
enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-
1945).
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23,
United States Code, and under title VI of this Act.
(f) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
authority under subsection (c) for each of fiscal years 1998
through 2003, the Secretaryshall distribute to the States any
funds (1) that are authorized to be appropriated for such fiscal year
for Federal-aid highway programs (other than the program under section
160 of title 23, United States Code) and for carrying out subchapter I
of chapter 311 of title 49, United States Code, and chapter 4 of title
23, United States Code, and (2) that the Secretary determines will not
be allocated to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any obligation limitation
for such fiscal year. Such distribution to the States shall be made in
the same ratio as the distribution of obligation authority under
subsection (c)(6). The funds so distributed shall be available for any
purposes described in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for a section set forth in
subsection (c)(4) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be increased by an amount equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such
increase shall be distributed in accordance with this section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is
made of the sums made available for expenditure on each
of the surface transportation program under section
133, the bridge program under section 144, the
congestion mitigation and air quality improvement
program under section 149, theInterstate and National
Highway System program under section 103, the minimum guarantee program
under section 105, the Federal lands highway program under section 204,
or the Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.),
the Secretary shall deduct a sum, in an amount not to exceed 1\1/2\
percent of all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law
to be financed from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
``(2) Consideration of unobligated balances.--In
making the determination described in paragraph (1),
the Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.
``(3) Availability.--The sum deducted under
paragraph (1) shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title is
amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-aside authorized by subsection (f),
shall apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the congestion mitigation and air
quality improvement program, and the surface transportation
program for that fiscal year, among the several States in the
following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), $36,400,000 for each fiscal
year to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and
the remainder apportioned as follows:
``(i) 25 percent in the ratio
that--
``(I) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in all States.
``(ii) 35 percent in the ratio
that--
``(I) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio
that--
``(I) the total diesel fuel
used on highways in each State;
bears to
``(II) the total diesel
fuel used on highways in all
States.
``(iv) 10 percent in the ratio
that--
``(I) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in each State by the
total population of the State;
bears to
``(II) the quotient
obtained by dividing the total
lane miles on principal
arterial highways in all States
by the total population of all
States.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A) and paragraph
(4), each State shall receive a minimum of \1/
2\ of 1 percent of the funds apportioned under
subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality
improvement program.--
``(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
``(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
``(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
``(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for thepurpose of
subparagraph (A), the weighted nonattainment and maintenance area
population shall be calculated by multiplying the population of each
area in a State that was a nonattainment area or maintenance area as
described in section 149(b) for ozone or carbon monoxide by a factor
of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a
maintenance area; or
``(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
the Clean Air Act (42 U.S.C.
7401 et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide.
``(C) Additional adjustment for carbon
monoxide areas.--
``(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was also classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
``(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time also classified under
subpart 3 of part D of title I of such
Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--
Notwithstanding any other provision of this
paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned
under this paragraph.
``(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface
transportation program, in accordance with the
following formula:
``(i) 25 percent of the
apportionments in the ratio that--
``(I) the total lane miles
of Federal-aid highways in each
State; bears to
``(II) the total lane miles
of Federal-aid highways in all
States.
``(ii) 40 percent of the
apportionments in the ratio that--
``(I) the total vehicle
miles traveled on lanes on
Federal-aid highways in each
State; bears to
``(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
``(iii) 35 percent of the
apportionments in the ratio that--
``(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
``(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A), each State
shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.
``(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
``(ii) the total of all such lane
miles in all States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles
traveled on lanes on Interstate System
routes designated under--
``(I) section 103;
``(II) section 139(a) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century) before March
9, 1984 (other than routes on
toll roads not subject to a
Secretarial agreement under
section 105 of the Federal-Aid
Highway Act of 1978 (92 Stat.
2692)); and
``(III) section 139(c) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century);
in each State; bears to
``(ii) the total of all such
vehicle miles traveled in all States;
and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's
annual contributions to the Highway
Trust Fund (other than the Mass Transit
Account) attributable to commercial
vehicles; bears to
``(ii) the total of such annual
contributions by all States.''.
(c) Operation Lifesaver and High Speed Rail
Corridors.--Section 104(d) of such title is amended--
(1) in paragraph (1) by striking ``The'' and all
that follows through ``$300,000 for each'' and
inserting ``Before making an apportionment under
subsection (b)(3) of this section for a fiscal year,
the Secretary shall set aside $500,000 for such''; and
(2) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Railway-highway crossing hazard elimination
in high speed rail corridors.--
``(A) In general.--Before making an
apportionment of funds under subsection
(b)(3)for a fiscal year, the Secretary shall set aside $5,250,000 of
the funds made available for the surface transportation program for the
fiscal year for elimination of hazards of railway-highway crossings.
``(B) Eligible corridors.--Subject to
subparagraph (E), funds made available under
subparagraph (A) shall be expended for projects
in--
``(i) 5 railway corridors selected
by the Secretary in accordance with
this subsection (as in effect on the
day before the date of enactment of
this clause);
``(ii) 3 railway corridors selected
by the Secretary in accordance with
subparagraphs (C) and (D);
``(iii) a Gulf Coast high speed
railway corridor (as designated by the
Secretary);
``(iv) a Keystone high speed
railway corridor from Philadelphia to
Harrisburg, Pennsylvania; and
``(v) an Empire State railway
corridor from New York City to Albany
to Buffalo, New York.
``(C) Required inclusion of high speed rail
lines.--A corridor selected by the Secretary
under subparagraph (B) shall include rail lines
where railroad speeds of 90 miles or more per
hour are occurring or can reasonably be
expected to occur in the future.
``(D) Considerations in corridor
selection.--In selecting corridors under
subparagraph (B), the Secretary shall
consider--
``(i) projected rail ridership volume
in each corridor;
``(ii) the percentage of each
corridor over which a train will be
capable of operating at its maximum
cruise speed taking into account such
factors as topography and other traffic
on the line;
``(iii) projected benefits to
nonriders such as congestion relief on
other modes of transportation serving
each corridor (including congestion in
heavily traveled air passenger
corridors);
``(iv) the amount of State and local
financial support that can reasonably
be anticipated for the improvement of
the line and related facilities; and
``(v) the cooperation of the owner of
the right-of-way that can reasonably be
expected in the operation of high speed
rail passenger service in each
corridor.
``(E) Certain improvements.--Not less than
$250,000 of such set-aside shall be available
per fiscal year for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There
is authorized to be appropriated $15,000,000
for each of fiscal years 1999 through 2003 to
carry out this subsection.''.
(d) Certification of Apportionments.--Section 104(e) of
such title is amended--
(1) by inserting ``Certification of
Apportionments.--'' after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On
October 1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not
made an apportionment under section 104, 144, or 157 by
the 21st day of a fiscal year beginning after September
30, 1998, the Secretary shall transmit, by such 21st
day, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a written statement of the reason for not making such
apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by
paragraph (2) of this subsection) and aligning such
paragraph (1) with paragraph (2) of such section (as
added by paragraph (6) of this subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of
such title is amended--
(1) in paragraph (1) by striking ``Interstate
construction and Interstate substitute programs'' and
inserting ``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this
title'' and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such
title is amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an
apportionment is made of the sums authorized to be
appropriated to carry out the recreational trails
program under section 206, the Secretary shall deduct
an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance
under the recreational trails program and for
administration of the National Recreational Trails
Advisory Committee. The Secretary may enter into
contracts with for-profit organizations or contracts,
partnerships, or cooperative agreements with other
government agencies, institutions of higher learning,
or nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making
the deduction authorized by paragraph (1) of this
subsection, the Secretary shall apportion the remainder
of the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year, among the States in the following manner:
``(A) 50 percent of that amount shall be
apportioned equally among eligible States.
``(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
``(3) Eligible state defined.--In this section, the
term `eligible State' means a State that meets the
requirements of section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such
title is amended by striking subsection (i) and inserting the
following:
``(i) Audits of Highway Trust Fund.--From administrative
funds deducted under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department of
Transportation for the conduct of annual audits of financial
statements in accordance with section 3521 of title 31.''.
(h) Report on Obligations.--Section 104 of such title is
amended by striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
``(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
``(2) the balance, as of the last day of the
preceding fiscal year, of the unobligated
apportionmentof each State by fiscal year under this section and
sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned
or set aside under this section and sections 105, 133,
and 144, according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of
such title is amended by inserting after subsection (j) the
following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made
available under this title and transferred for transit
projects of a type described in section 133(b)(2) shall
be administered by the Secretary in accordance with
chapter 53 of title 49, except that the provisions of
this title relating to the non-Federal share shall
apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made
available under chapter 53 of title 49 and transferred
for highway projects shall be administered by the
Secretary in accordance with this title, except that
the provisions of such chapter relating to the non-
Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs
(1) and (2) shall be transferred in the same manner and
amount as the funds for the projects are
transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Section 104 of such title is amended by adding at the
end the following:
``(l) Effect of Certain Delay in Deposits Into Highway
Trust Fund.--Notwithstanding any other provision of law,
deposits into the Highway Trust Fund resulting from the
application of section 901(e) of the Taxpayer Relief Act of
1997 (111 Stat. 872) shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive underthe Transportation Equity Act
for the 21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is
amended--
(1) by striking ``(f)(1) On'' and inserting the
following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that''
and all that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the
following:
``(2) Apportionment to states of set-aside funds.--
These'';
(4) by striking ``(3) The'' and inserting the
following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the
following:
``(4) Distribution of funds within states.--The'';
and
(6) by aligning the remainder of the text of each
of paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the
first sentence by striking ``, 104(b)(2), and
104(b)(6)'' and inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1) (as so
redesignated)--
(I) by striking ``After the
first year'' and inserting ``In
general''; and
(II) by striking
``104(b)(2), 104(b)(5), and
104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)'';
and
(iv) in paragraph (2) (as
redesignated by clause (ii)) by
striking ``paragraphs (1) and (2) of
this subsection'' and inserting
``paragraph (1)''; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment toany State after
September 30, 1988, shall be available for apportionment to that
State.''.
(3)(A) Section 115(b)(1) of such title is amended
by striking ``104(b)(5)'' and inserting ``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by
striking ``section 104(b)(5)(B) of this title'' and
inserting ``section 104(b)(4)''.
(C) Section 141(c) of such title is amended by
striking ``section 104(b)(5) of this title'' each place
it appears and inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by
striking ``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it
appears and inserting ``(5) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)
of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and
(3)(A) by striking ``section
104(b)(5)(A)'' each place it appears
and inserting ``section 104(b)(5)(A)
(as in effect on the day before the
date of enactment of the Transportation
Equity Act for the 21st Century)'';
(II) in paragraph (1)(A)(ii) by
striking ``section 104(b)(5)(B)'' and
inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of
enactment of the Transportation Equity
Act for the 21st Century)'';
(III) in paragraph (3)(B) by
striking ``(5)(B)'' and inserting
``(5)(B) (as in effect on the day
before the date of enactment of the
Transportation Equity Act for the 21st
Century)''; and
(IV) in paragraphs (3) and (4) by
striking ``section 104(b)(5)'' each
place it appears and inserting
``section 104(b)(5) (as in effect on
the day before the date of enactment of
the Transportation Equity Act for the
21st Century)''.
(F) Section 161(a) of such title is amended by
striking ``paragraphs (1), (3), and (5)(B) of section
104(b)'' each place it appears and inserting
``paragraphs (1), (3), and (4) of section 104(b)''.
(4) Section 142(b) of such title is amended by
striking ``paragraph (5) of subsection (b) of section
104 of this title'' and inserting ``section
104(b)(4)''.
(m) Adjustments for the Surface Transportation Extension
Act of 1997.--
(1) In general.--Notwithstanding any other
provision of law and subject to section 2(c) of the
Surface Transportation Extension Act of 1997, the
Secretary shall ensure that the total apportionments
for a State (other than Massachusetts) for fiscal year
1998 made under the Transportation Equity Act for the
21st Century (including amendments made by such Act)
shall be reduced by the amount apportioned to such
State (other than Massachusetts) under section
1003(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary
shall ensure that any apportionments made to a State
for fiscal year 1998 and adjusted under paragraph (1)
shall first be used to restore in accordance with
section 3(c) of the Surface Transportation Extension
Act of 1997 any funds that a State transferred under
section 3 of such Act.
(3) Insufficient funds for repayment.--If a State
has insufficient funds apportioned in fiscal year 1998
under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) to make
the adjustment required by paragraph (1), then the
Secretary shall make an adjustment to any funds
apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other
provision of law, amounts made available for fiscal
year 1998 by the Transportation Equity Act for the 21st
Century (including amendments made by such Act) for a
program that is continued by both of sections 4, 5, 6,
and 7 of the Surface Transportation Extension Act of
1997 (including amendments made by such sections) and
the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be
reduced by the amount made available by such sections
4, 5, 6, and 7 for such programs.
(5) Treatment of STEA obligation authority.--The
amount of obligation authority made available under
section 2(e) of the Surface Transportation Extension
Act of 1997 shall be considered to be an amount of
obligation authority made available for fiscal year
1998 under section 1102(a) of this Act.
(n) State Defined.--For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ``State'' means
any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the total
apportionments for such fiscal year of Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation, metropolitan
planning, minimum guarantee, high priority projects,
Appalachian development highway system, and recreational trails
programs shall equal the percentage listed for each State in
subsection (b).
``(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
``States: Percentage
Alabama................................................... 2.0269
Alaska.................................................... 1.1915
Arizona................................................... 1.5581
Arkansas.................................................. 1.3214
California................................................ 9.1962
Colorado.................................................. 1.1673
Connecticut............................................... 1.5186
Delaware.................................................. 0.4424
District of Columbia...................................... 0.3956
Florida................................................... 4.6176
Georgia................................................... 3.5104
Hawaii.................................................... 0.5177
Idaho..................................................... 0.7718
Illinois.................................................. 3.3819
Indiana................................................... 2.3588
Iowa...................................................... 1.2020
Kansas.................................................... 1.1717
Kentucky.................................................. 1.7365
Louisiana................................................. 1.5900
Maine..................................................... 0.5263
Maryland.................................................. 1.5087
Massachusetts............................................. 1.8638
Michigan.................................................. 3.1535
Minnesota................................................. 1.4993
Mississippi............................................... 1.2186
Missouri.................................................. 2.3615
Montana................................................... 0.9929
Nebraska.................................................. 0.7768
Nevada.................................................... 0.7248
New Hampshire............................................. 0.5163
New Jersey................................................ 2.5816
New Mexico................................................ 0.9884
New York.................................................. 5.1628
North Carolina............................................ 2.8298
North Dakota.............................................. 0.6553
Ohio...................................................... 3.4257
Oklahoma.................................................. 1.5419
Oregon.................................................... 1.2183
Pennsylvania.............................................. 4.9887
Rhode Island.............................................. 0.5958
South Carolina............................................ 1.5910
South Dakota.............................................. 0.7149
Tennessee................................................. 2.2646
Texas..................................................... 7.2131
Utah...................................................... 0.7831
Vermont................................................... 0.4573
Virginia.................................................. 2.5627
Washington................................................ 1.7875
West Virginia............................................. 1.1319
Wisconsin................................................. 1.9916
Wyoming................................................... 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary
shall apportion 50 percent of the amounts made
available under this section that exceed$2,800,000,000
so that the amount apportioned to each State under this paragraph for
each program referred to in subsection (a) (other than metropolitan
planning, minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is equal
to the amount determined by multiplying the amount to be apportioned
under this paragraph by the ratio that--
``(A) the amount of funds apportioned to
each State for each program referred to in
subsection (a) for a fiscal year; bears to
``(B) the total amount of funds apportioned
to all States for such program for such fiscal
year.
``(2) Remaining distribution.--The Secretary shall
apportion the remainder of funds made available under
this section to the States in accordance with section
104(b)(3); except that requirements of paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned pursuant to this paragraph.
``(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out
this section for each of fiscal years 1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment
under this title for each of fiscal years 1999 through
2003, the Secretary, subject to paragraph (2), shall
adjust the percentages in the table in subsection (b)
to reflect the estimated percentage of estimated tax
payments attributable to highway users in each State
paid into the Highway Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for which
data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial
adjustment.--The Secretary may make an adjustment under
paragraph (1) for a State for a fiscal year only if the
State's return from the HighwayTrust Fund (other than
the Mass Transit Account) for the preceding fiscal year was equal to or
less than 90.5 percent.
``(3) Conforming adjustments.--After making any
adjustments under paragraph (1) for a fiscal year, the
Secretary shall adjust the remaining percentages in the
table set forth in subsection (b) to ensure that the
total of the percentages in the table do not exceed 100
percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's
return from the Highway Trust Fund (other than the Mass
Transit Account) is less than 90.5 percent as a result
of such adjustments and shall adjust the percentages in
the table for such fiscal year accordingly. Adjustments
of the percentages in the table under this paragraph
may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
105 and inserting the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal
year 1999, and each fiscal year thereafter, the Secretary shall
allocate an amount of funds equal to the amount determined
pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) for each of the
for Federal-aid highway and highway safety
construction programs (other than the minimum
guarantee program) for which funds are
allocated from such Trust Fund by the Secretary
under this title and the Transportation Equity
Act for the 21st Century for a fiscal year,
bears to
``(B) the total of all sums authorized to
be appropriated from such Trust Fund for such
programs for such fiscal year;
``(2) multiply the ratio determined under paragraph
(1) by the total amount of funds to be allocated under
subsection (a) for such fiscal year;
``(3) allocate the amount determined under
paragraph (2) among such programs in the ratio that--
``(A) the sums authorized to be
appropriated from such Trust Fund for each of
such programs for such fiscal year, bears to
``(B) the sums authorized to be
appropriated from such Trust Fund for all such
programs for such fiscal year; and
``(4) allocate the remainder of the funds to be
allocated under subsection (a) for such fiscal year to
the States in the ratio that--
``(A) the total of all funds authorized to
be appropriated from such Trust Fund for
Federal-aid highway and highway safety
construction programs that are apportioned to
each State for such fiscal year but for this
section, bears to
``(B) the total of all funds authorized to
be appropriated from such Trust Fund for such
programs that are apportioned to all States for
such fiscal year but for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are
apportioned for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, and the congestion mitigation
air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal
year but for this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to carry out this section for fiscal years beginning
after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and
Interstate Maintenance Program.--TheSecretary shall administer
the National Highway System program and the Interstate Maintenance
program as a combined program for purposes of allowing States maximum
flexibility. References in this Act and title 23, United States Code,
shall not be affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United
States Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the National
Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities depicted on the map submitted
by the Secretary to Congress with the report entitled
`Pulling Together: The National Highway System and its
Connections to Major Intermodal Terminals' and dated
May 24, 1996. The system shall--
``(A) serve major population centers,
international border crossings, ports,
airports, public transportation facilities, and
other intermodal transportation facilities and
other major travel destinations;
``(B) meet national defense requirements;
and
``(C) serve interstate and interregional
travel.
``(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
``(A) The Interstate System described in
subsection (c).
``(B) Other urban and rural principal
arterial routes.
``(C) Other connector highways (including
toll facilities) that provide motor vehicle
access between arterial routes on the National
Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network
consisting of a network of highways that are
important to the United States strategic
defense policy and that provide defense access,
continuity, and emergency capabilities for the
movement of personnel, materials, and equipment
in both peacetime and wartime. The highways may
be highways on or off the Interstate System and
shall be designated by the Secretary in
consultation with appropriate Federal agencies
and the States.
``(E) Major strategic highway network
connectors consisting of highways that provide
motor vehicle access between major military
installations and highways that are part of the
strategic highway network. The highways shall
be designated by the Secretary in consultation
with appropriate Federal agencies and the
States.
``(3) Maximum mileage.--The mileage of highways on
the National Highway System shall not exceed 178,250
miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make
any modification, including any modification
consisting of a connector to a major intermodal
terminal, to the National Highway System that
is proposed by a State or that is proposed by a
State and revised by the Secretary if the
Secretary determines that the modification--
``(i) meets the criteria
established for the National Highway
System under this title; and
``(ii) enhances the national
transportation characteristics of the
National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a
modification under this paragraph, a
State shall cooperate with local and
regional officials.
``(ii) Urbanized areas.--In an
urbanized area, the local officials
shall act through the metropolitan
planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon
the completion of feasibility studies, the Secretary
shall add to the National Highway System any
congressional high priority corridor or any segment of
such a corridor established by section 1105 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031 et seq.) that was not identified
on the National Highway System described in paragraph
(1).
``(6) Eligible projects for nhs.--Subject to
approval by the Secretary, funds apportioned to a State
under section 104(b)(1) for the National Highway System
may be obligated for any of the following:
``(A) Construction, reconstruction,
resurfacing, restoration, and rehabilitation of
segments of the National Highway System.
``(B) Operational improvements for segments
of the National Highway System.
``(C) Construction of, and operational
improvements for, a Federal-aid highway not on
the National Highway System, and construction
of a transit project eligible for assistance
under chapter 53 of title 49, if--
``(i) the highway or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
``(ii) the construction or
improvements will improve the level of
service on the fully access-controlled
highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or
improvements are more cost-effective
than an improvement to the fully
access-controlled highway described in
clause (i).
``(D) Highway safety improvements for
segments of the National Highway System.
``(E) Transportation planning in accordance
with sections 134 and 135.
``(F) Highway research and planning in
accordance with chapter 5.
``(G) Highway-related technology transfer
activities.
``(H) Capital and operating costs for
traffic monitoring, management, and control
facilities and programs.
``(I) Fringe and corridor parking
facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian
walkways in accordance with section 217.
``(L) Development, establishment, and
implementation of management systems under
section 303.
``(M) In accordance with all applicable
Federal law (including regulations),
participation in natural habitat and wetland
mitigation efforts related to projects funded
under this title, which may include
participation in naturalhabitat and wetland
mitigation banks, contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and wetland,
and development of statewide and regional natural habitat and wetland
conservation and mitigation plans, including any such banks, efforts,
and plans authorized under the Water Resources Development Act of 1990
(Public Law 101-640) (including crediting provisions). Contributions to
the mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction; except
that contributions in advance of project construction may occur only if
the efforts are consistent with all applicable requirements of Federal
law (including regulations) and State transportation planning
processes. With respect to participation in a natural habitat or
wetland mitigation effort related to a project funded under this title
that has an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent practicable, to
the use of the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is approved in
accordance with the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995))
or other applicable Federal law (including regulations).
``(N) Publicly-owned intracity or intercity
bus terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, any project eligible for
assistance under section 133, any airport, and
any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower
National System of Interstate and Defense
Highways within the United States (including
the District of Columbia and Puerto Rico)
consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as
provided in clause (ii), highways on
the Interstate System shall be designed
in accordance with the standards of
section 109(b).
``(ii) Exception.--Highways on the
Interstate System in Alaska and Puerto
Rico shall be designed in accordance
with such geometric and construction
standards as are adequate for current
and probable future traffic demands and
the needs of the locality of the
highway.
``(C) Location.--Highways on the Interstate
System shall be located so as--
``(i) to connect by routes, as
direct as practicable, the principal
metropolitan areas, cities, and
industrial centers;
``(ii) to serve the national
defense; and
``(iii) to the maximum extent
practicable, to connect at suitable
border points with routes of
continental importance in Canada and
Mexico.
``(D) Selection of routes.--To the maximum
extent practicable, each route of the
Interstate System shall be selected by joint
action of the State transportation departments
of the State in which the route is located and
the adjoining States, in cooperation with local
andregional officials, and subject to the
approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on
the Interstate System shall not exceed 43,000 miles,
exclusive of designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or
require modifications to the Interstate System in a
manner consistent with the policies and procedures
established under this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary
determines that a highway on the National
Highway System meets all standards of a highway
on the Interstate System and that the highway
is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or
States in which the highway is located,
designate the highway as a route on the
Interstate System.
``(B) Designations as future interstate
system routes.--
``(i) In general.--If the Secretary
determines that a highway on the
National Highway System would be a
logical addition or connection to the
Interstate System and would qualify for
designation as a route on the
Interstate System under subparagraph
(A) if the highway met all standards of
a highway on the Interstate System, the
Secretary may, upon the affirmative
recommendation of the State or States
in which the highway is located,
designate the highway as a future
Interstate System route.
``(ii) Written agreement of
states.--A designation under clause (i)
shall be made only upon the written
agreement of the State or States
described in such clause that the
highway will be constructed to meet all
standards of a highway on the
Interstate System by the date that is
12 years after the date of the
agreement.
``(iii) Removal of designation.--
``(I) In general.--If the
State or States described in
clause (i) have not
substantially completed the
construction of a highway
designated under this
subparagraph within the time
provided for in the agreement
between the Secretary and the
State or States under clause
(ii), the Secretary shall
remove the designation of the
highway as a future Interstate
System route.
``(II) Effect of removal.--
Removal of the designation of a
highway under subclause (I)
shall not preclude the
Secretary from designating the
highway as a route on the
Interstate System under
subparagraph (A) or under any
other provision of law
providing for addition to the
Interstate System.
``(iv) Prohibition on referral as
interstate system route.--No law, rule,
regulation, map, document, or other
record of the United States, or of any
State or political subdivision of a
State, shall refer to any highway
designated as a future Interstate
System route under this subparagraph,
nor shall any such highway be signed or
marked, as a highway on the Interstate
System until such time as thehighway is
constructed to the geometric and construction standards for the
Interstate System and has been designated as a route on the Interstate
System.
``(C) Financial responsibility.--Except as
provided in this title, the designation of a
highway under this paragraph shall create no
additional Federal financial responsibility
with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in
surplus.--
``(A) In general.--Upon application by a
State and approval by the Secretary, the
Secretary may transfer to the apportionment of
the State under section 104(b)(1) any amount of
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation
Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs
of construction of segments of the Interstate
System in the State included in the most recent
Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of
an amount under subparagraph (A), the
construction on which the amount is based, as
included in the most recent Interstate System
cost estimate, shall not be eligible for
funding under section 104(b)(5)(A) (as in
effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century) or 118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary,
the Secretary may transfer to the apportionment of the
State under section 104(b)(1) any amount of surplus
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all work
eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds
transferred under this subsection shall be subject to
the laws (including regulations, policies, and
procedures) relating to the apportionment to which the
funds are transferred.''.
(b) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under
section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act),
shall be available for obligation by the State under the law
(including regulations, policies, and procedures) relating to
the obligation and expenditure of the funds in effect on that
date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States
Code, is amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the
first sentence by striking ``which has been'' and all
that follows through ``and has not'' and inserting
``which is a public road and has not''.
(2)(A) Section 139 of such title, and the item
relating to such section in the analysis for chapter 1
of such title, are repealed.
(B) Section 127(f) of such title is amended by
striking ``section 139(a)'' and inserting ``section
103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597)
is amended by striking subparagraph (B) and inserting
the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts
of the Interstate System under this paragraph
shall be treated in the same manner as segments
designated under section 103(c)(4)(A) of title
23, United States Code.''.
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall--
(A) review the condition of and
improvements made, since the designation of the
National Highway System, to connectors on the
National Highway System that serve seaports,
airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of
such review.
(2) Review.--In preparing the report, the Secretary
shall review the connectors and identify projects
carried out on those connectors that were intended to
provide and improve service to an intermodal facility
referred to in paragraph (1) and to facilitate the
efficient movement of freight, including movements of
freight between modes.
(3) Identification of impediments.--If the
Secretary determines on the basis of the review that
there are impediments to improving the connectors
serving intermodal facilities referred to in paragraph
(1), the Secretary shall identify such impediments and
make any appropriate recommendations as part of the
Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects
for resurfacing, restoring, rehabilitating, and
reconstructing--
``(A) routes on the Interstate System
designated under section 103(c)(1) and, in
Alaska and Puerto Rico, under section
103(c)(4)(A);
``(B) routes on the Interstate System
designated before the date of enactment of the
Transportation Equity Act for the 21st Century
under subsections (a) and (b) of section 139
(as in effect on the day before the date of
enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of
the Intermodal Surface Transportation
Efficiency Act of 1991.
``(2) Toll roads.--The Secretary may approve a
project pursuant to this subsection on a toll road only
if such road is subject to a Secretarial agreement
provided for in section 129 or continued in effect by
section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of
the Surface Transportation andUniform Relocation
Assistance Act of 1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated
to carry out this section shall be out of the Highway
Trust Fund and shall be apportioned in accordance with
section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g)
as subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--
Section 118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$50,000,000 in fiscal year 1998 and $100,000,000 in
each of fiscal years 1999 through 2003 for obligation
by the Secretary for projects for resurfacing,
restoring, rehabilitating, and reconstructing any route
or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate
System under section 139 (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century) and any toll road on
the Interstate System not subject to an agreement under
section 119(e) (as in effect on December 17, 1991).
``(2) Selection criteria.--The amounts set aside
under paragraph (1) shall be made available by the
Secretary to any State applying for such funds if the
Secretary determines that--
``(A) the State has obligated or
demonstrates that it will obligate in the
fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by
itself, is insufficient to pay the Federal
share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted
by the State to the Secretary for approval; and
``(B) the applicant is willing and able
to--
``(i) obligate the funds within 1
year of the date the funds are made
available;
``(ii) apply the funds to a ready-
to-commence project; and
``(iii) in the case of construction
work, begin work within 90 days after
obligation.
``(3) Priority consideration for certain
projects.--In selecting projects to fund under
paragraph (1), the Secretary shall give priority
consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area
or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary
funds.--Sums made available pursuant to this subsection
shall remain available until expended.''.
(c) Interstate Needs.--
(1) Study.--The Secretary shall conduct, in
cooperation with States and affected metropolitan
planning organizations, a study to determine--
(A) the expected condition of the
Interstate System over the next 10 years and
the needs of States and metropolitan planning
organizations to reconstruct and improve the
Interstate System;
(B) the resources necessary to maintain and
improve the Interstate System; and
(C) the means to ensure that the Nation's
surface transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address
any extraordinary needs.
(2) Report.--Not later than January 1, 2000, the
Secretary shall transmit to Congress a report on the
results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive
anti-icing and de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly
owned intracity or intercity bus terminals and
facilities'' and inserting ``, including vehicles and
facilities, whether publicly or privately owned, that
are used to provide intercity passenger service by
bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and
inserting ``bicycle''; and
(B) by inserting before the period at the
end the following: ``, and the modification of
public sidewalks to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.)'';
(4) in paragraph (4) by inserting
``infrastructure'' after ``safety'';
(5) in paragraph (9) by striking ``section
108(f)(1)(A) (other than clauses (xii) and (xvi)) of
the Clean Air Act'' and inserting ``section
108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat
and'' after ``participation in'' each
place it appears;
(ii) by striking ``enhance and
create'' and inserting ``enhance, and
create natural habitats and''; and
(iii) by inserting ``natural
habitat and'' before ``wetlands
conservation''; and
(B) by adding at the end the following:
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