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[Title I - Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) - PL 102-240]
H.R. 2950- Agreed to One Hundred Second Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Thursday, the third day of January, one thousand nine hundred and ninetyone An Act TITLE To develop a national intermodal surface transportation system, to authorize funds for construction of highways, for highway safety programs, and for mass transit programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Surface Transportation Efficiency Act of 1991''. SEC. 2. DECLARATION OF POLICY: INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT. It is the policy of the United States to develop a National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the Nation to compete in the global economy, and will move people and goods in an energy efficient manner. The National Intermodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the Nation's preeminent position in international commerce. The National Intermodal Transportation System shall include a National Highway System which consists of the National System of Interstate and Defense Highways and those principal arterial roads which are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings. The National Intermodal Transportation System shall include significant improvements in public transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons in urban and rural areas of the country. The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to world commerce. The National Intermodal Transportation System shall give special emphasis to the contributions of the transportation sectors to increased productivity growth. Social benefits must be considered with particular attention to the external benefits of reduced air pollution, reduced traffic congestion and other aspects of the quality of life in the United States. The National Intermodal Transportation System must be operated and maintained with insistent attention to the concepts of innovation, competition, energy efficiency, productivity, growth, and accountability. Practices that resulted in the lengthy and overly costly construction of the Interstate and Defense Highway System must be confronted and ceased. The National Intermodal Transportation System shall be adapted to ``intelligent vehicles'', ``magnetic levitation systems'', and other new technologies wherever feasible and economical, with benefit cost estimates given special emphasis concerning safety considerations and techniques for cost allocation. The National Intermodal Transportation System, where appropriate, will be financed, as regards Federal apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentalities to help implement national goals relating to mobility for elderly persons, persons with disabilities, and economically disadvantaged persons. The National Intermodal Transportation System must be the centerpiece of a national investment commitment to create the new wealth of the Nation for the 21st century. The Secretary shall distribute copies of this Declaration of Policy to each employee of the Department of Transportation and shall ensure that such Declaration of Policy is posted in all offices of the Department of Transportation. SEC. 3. SECRETARY DEFINED. As used in this Act, the term ``Secretary'' means the Secretary of Transportation. TITLE I-SURFACE TRANSPORTATION Part A-Title 23 Programs SEC. 1001. COMPLETION OF INTERSTATE SYSTEM. (a) Declaration.-Congress declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways made by this section (including the amendments made by this section) are the final authorizations of appropriations and apportionments for completion of construction of such System. (b) Approval of Interstate Cost Estimate for Fiscal Year 1993.-The Secretary shall apportion for all States (other than Massachusetts) for fiscal year 1993 the sums authorized to be appropriated for such year by section 108(b) of the FederalAid Highway Act of 1956 for expenditure on the Dwight D. Eisenhower National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the Committee Print Numbered 102m24 of the Committee on Public Works and Transportation of the House of Representatives. (c) Extension of Apportionment.-Section 104(b)(5)(A) of title 23, United States Code, is amended by striking ``1960 through 1990'' each place it appears and inserting ``1960 through 1996''. (d) Extension of Administrative Adjustment of ICE.-Section 104(b)(5)(A) of such title is amended by striking the next to the last sentence and inserting the following new sentence: ``As soon as practicable after the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 for fiscal year 1992, and on October 1 of each of fiscal years 1993, 1994, and 1995, the Secretary shall make the apportionment required by this subparagraph for all States (other than Massachusetts) using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds, and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds.''. (e) Allocation of Funds to Massachusetts.-Section 104(b)(5)(A) of title 23, United States Code, is amended by inserting before the last sentence the following new sentence: ``Notwithstanding any other provision of this subparagraph or any cost estimate approved or adjusted pursuant to this subparagraph, subject to the deductions under this section, the amounts to be apportioned to the State of Massachusetts pursuant to this subparagraph for fiscal years 1993, 1994, 1995, and 1996 shall be as follows: $450,000,000 for fiscal year 1993, $800,000,000 for fiscal year 1994, $800,000,000 for fiscal year 1995, and $500,000,000 for fiscal year 1996.''. (f) Authorization of Appropriations.-The first sentence of subsection (b) of section 108 of the FederalAid Highway Act of 1956 is amended by striking ``and the additional sum of $1,400,000,000 for the fiscal year ending September 30, 1993.'' and inserting the following: ``the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1993, the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1994, the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1995, and the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1996.''. (g) Declaration of Policy.-The second paragraph of section 101(b) of such title is amended- (1) by striking ``thirtyseven years' '' and inserting ``forty years' ''; and (2) by striking ``1993'' and inserting ``1996''. (h) Termination of Minimum Apportionment.-Section 102(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 104 note) is amended by inserting after ``1987,'' the following: ``and ending before October 1, 1991,''. SEC. 1002. OBLIGATION CEILING. (a) General Limitation.-Notwithstanding any other provision of law (other than subsection (f) of this section), the total of all obligations for Federalaid highways and highway safety construction programs shall not exceed- (1) $16,800,000,000 for fiscal year 1992; (2) $18,303,000,000 for fiscal year 1993; (3) $18,362,000,000 for fiscal year 1994; (4) $18,332,000,000 for fiscal year 1995; (5) $18,357,000,000 for fiscal year 1996; and (6) $18,338,000,000 for fiscal year 1997. (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 157 of such title; (3) under section 147 of the Surface Transportation Assistance Act of 1978; (4) under section 9 of the FederalAid Highway Act of 1981; (5) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (6) under section 404 of the Surface Transportation Assistance Act of 1982; and (7) under sections 1103 through 1108 of this Act. Such limitations shall also not apply to obligations of funds made available by subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987. (c) Distribution of Obligation Authority.- (1) General rule.-For each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, the Secretary shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federalaid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federalaid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (2) Special rule for massachusetts.-For purposes of this section, funds apportioned to the State of Massachusetts pursuant to the next to the last sentence of section 104(b)(5)(A) of title 23, United States Code, shall be treated as if such funds were allocated to such State under such title. If, before October 1 of each of fiscal years 1992, 1993, 1994, and 1995, the State of Massachusetts indicates it will not obligate a portion of the amount which would be distributed to such State under the preceding sentence, the Secretary shall distribute such portion to the other States under paragraph (1). (d) Limitation on Obligation Authority.-During the period October 1 through December 31 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, no State shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year. (e) Redistribution of Unused Obligation Authority.-Notwithstanding subsections (c) and (d), the Secretary shall- (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federalaid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, revise a distribution of the funds made available under subsection (c) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such 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; and (3) not distribute amounts authorized for administrative expenses, Federal lands highways programs, and the national high speed ground transportation programs and amounts made available under section 149(d) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. (f) Additional Obligation Authority.- (1) In general.-Subject to paragraph (2), a State which after August 1 and on or before September 30 of fiscal year 1993, 1994, 1995, 1996, or 1997 obligates the amount distributed to such State in such fiscal year under subsections (c) and (e) may obligate for Federalaid highways and highway safety construction on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State- (A) under sections 104 and 144 of title 23, United States Code, and (B) for highway assistance projects under section 103(e)(4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed. (2) Limitation on additional obligation authority.-During the period August 2 through September 30 of each of fiscal years 1993, 1994, 1995, 1996, and 1997, the aggregate amount which may be obligated by all States pursuant to paragraph (1) shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States- (A) under sections 104 and 144 of title 23, United States Code, and (B) for highway assistance projects under section 103(e)(4) of such title, which would not be obligated in such fiscal year if the total amount of obligational authority provided by subsection (a) for such fiscal year were utilized. (3) Limitation on applicability.-Paragraph (1) shall not apply to any State which on or after August 1 of fiscal year 1993, 1994, 1995, 1996, or 1997, as the case may be, has the amount distributed to such State under subsection (c) for such fiscal year reduced under subsection (e)(2). (g) Obligation Ceiling for Highway Safety Programs.-Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997. (h) Conforming Amendment.-Section 157(b) of title 23, United States Code, is amended by striking the period at the end of the last sentence and inserting ``and section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991.''. SEC. 1003. AUTHORIZATION OF APPROPRIATIONS. (a) From the Highway Trust Fund.-For the purpose of carrying out the provisions of title 23, United States Code, 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 $2,431,000,000 for fiscal year 1992, $2,913,000,000 for fiscal year 1993, $2,914,000,000 for fiscal year 1994, $2,914,000,000 for fiscal year 1995, $2,914,000,000 for fiscal year 1996, and $2,914,000,000 for fiscal year 1997. (2) National highway system.-For the National Highway System $3,003,000,000 for fiscal year 1992, $3,599,000,000 for fiscal year 1993, $3,599,000,000 for fiscal year 1994, $3,599,000,000 for fiscal year 1995, $3,600,000,000 for fiscal year 1996, and $3,600,000,000 for fiscal year 1997. (3) Surface transportation program.-For the surface transportation program $3,418,000,000 for fiscal year 1992, $4,096,000,000 for fiscal year 1993, $4,096,000,000 for fiscal year 1994, $4,096,000,000 for fiscal year 1995, $4,097,000,000 for fiscal year 1996, and $4,097,000,000 for fiscal year 1997. (4) Congestion mitigation and air quality improvement program.-For the congestion mitigation and air quality improvement program $858,000,000 for fiscal year 1992, $1,028,000,000 for fiscal year 1993, $1,028,000,000 for fiscal year 1994, $1,028,000,000 for fiscal year 1995, $1,029,000,000 for fiscal year 1996, and $1,029,000,000 for fiscal year 1997. (5) Bridge program.-For the bridge program $2,288,000,000 for fiscal year 1992, $2,762,000,000 for fiscal year 1993, $2,762,000,000 for fiscal year 1994, $2,762,000,000 for fiscal year 1995, $2,763,000,000 for fiscal year 1996, and $2,763,000,000 for fiscal year 1997. (6) Federal lands highway program.- (A) Indian reservation roads.-For Indian reservation roads $159,000,000 for fiscal year 1992 and $191,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997. (B) Public lands highways.-For public lands highways $143,000,000 for fiscal year 1992, $171,000,000 for each of fiscal years 1993, 1994, and 1995, and $172,000,000 for each of fiscal years 1996 and 1997. (C) Parkways and park highways.-For parkways and park highways $69,000,000 for fiscal year 1992, $83,000,000 for each of fiscal years 1993, 1994, and 1995, and $84,000,000 for each of fiscal years 1996 and 1997. (7) FHWA highway safety programs.-For carrying out section 402 by the Federal Highway Administration $17,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997. (8) FHWA highway safety research and development.-For carrying out section 403 by the Federal Highway Administration $10,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997. (b) Disadvantaged Business Enterprises.- (1) General rule.-Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts authorized to be appropriated under titles I (other than part B), III, V, and VI of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (2) Definitions.-For purposes of 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 $15,370,000, 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 also 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 onsite 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) Study.- (A) In general.-The Comptroller General shall conduct a study of the disadvantaged business enterprise program of the Federal Highway Administration (hereinafter in this paragraph referred to as the ``program''). (B) Contents.-The study under this paragraph shall include the following: (i) Graduation.-A determination of- (I) the percentage of disadvantaged business enterprises which have enrolled in the program and graduated after a period of 3 years; (II) the number of disadvantaged business enterprises which have enrolled in the program and not graduated after a period of 3 years; (III) whether or not the graduation date of any of the disadvantaged business enterprises described in subclause (II) should have been accelerated; (IV) since the program has no graduation time requirements, how many years would appear reasonable for disadvantaged business enterprises to participate in the program; (V) the length of time the average small nondisadvantaged business enterprise takes to be successful in the highway construction field as compared to the average disadvantaged business enterprise; and (VI) to what degree are disadvantaged business enterprises awarded contracts once they are no longer participating in the disadvantaged business program. (ii) Outofstate contracting.-A determination of which State transportation programs meet the requirement of the program for 10 percent participation by disadvantaged business enterprises by contracting with contractors located in another State and a determination to what degree prime contractors use outofState disadvantaged business enterprises even when disadvantaged business enterprises exist within the State to meet the 10 percent participation goal and reasons why this occurs. (iii) Program adjustments.-A determination of whether or not adjustments in the program could be made with respect to Federal and State participation in training programs and with respect to meeting capital needs and bonding requirements. (iv) Success rate.-Recommendations concerning whether or not adjustments described in clause (iii) would continue to encourage minority participation in the program and improve the success rate of the disadvantaged business enterprises. (v) Performance and financial capabilities.-Recommendations for additions and revisions to criteria used to determine the performance and financial capabilities of disadvantaged business enterprises enrolled in the program. (vi) Enforcement mechanisms.-A determination of whether the current enforcement mechanisms are sufficient to ensure compliance with the disadvantaged business enterprise participation requirements. (vii) Additional costs.-A determination of additional costs incurred by the Federal Highway Administration in meeting the requirement of the program for 10 percent participation by disadvantaged business enterprises as well as a determination of benefits of the program. (viii) Effect on industry.-A determination of how the program is being implemented by the construction industry and the effects of the program on all segments of the industry. (ix) Certification.-An analysis of the certification process for Federalaid highway and transit programs, including a determination as to whether the process should be uniform and permit StatetoState reciprocity and how certification criteria and procedures are being implemented by the States. (x) Goals.-A determination of how the Federal goal is being implemented by the States, including the waiver process, and the impact of the goal on those individuals presumed to be socially and economically disadvantaged. (C) Report.-Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under this paragraph. (c) Reduction in Authorizations for Budget Compliance.-If the total amount authorized by this Act out of the Highway Trust Fund (other than the Mass Transit Account) exceeds $17,042,000,000 for fiscal year 1992, or exceeds $98,642,000,000 for fiscal years 1992 through 1996, then each amount so authorized shall be reduced proportionately so that the total equals $17,042,000,000 for fiscal year 1992, or equals $98,642,000,000 for fiscal years 1992 through 1996, as the case may be. SEC. 1004. BUDGET COMPLIANCE. (a) In General.-If obligations provided for programs pursuant to this Act for fiscal year 1992 will cause- (1) the total outlays in any of the fiscal years 1992 through 1995 which result from this Act, to exceed (2) the total outlays for such programs in any such fiscal year which result from appropriation Acts for fiscal year 1992 and are attributable to obligations for fiscal year 1992, then the Secretary of Transportation shall reduce proportionately the obligations provided for each program pursuant to this Act for fiscal year 1992 to the extent required to avoid such excess outlays. (b) Coordination With Other Provisions.-The provisions of this section shall apply, notwithstanding any provision of this Act to the contrary. SEC. 1005. DEFINITIONS. (a) Highway Safety Improvement Project.-The undesignated paragraph of section 101(a) of title 23, United States Code, relating to highway safety improvement project is amended by inserting after ``marking,'' the following: ``installs priority control systems for emergency vehicles at signalized intersections,''. (b) Urbanized Area.-Such section is amended by striking the undesignated paragraph relating to urbanized area and inserting the following new undesignated paragraph: ``The term `urbanized area' means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Boundaries shall, at a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.''. (c) National Highway System.-Such section is further amended by striking the undesignated paragraph relating to the Federalaid primary system and inserting the following new undesignated _paragraph: ``The term `National Highway System' means the Federalaid highway system described in subsection (b) of section 103 of this title.''. (d) Conforming Amendments.-Such section is amended- (1) by striking the undesignated paragraph relating to the Federalaid secondary system; (2) by striking the undesignated paragraph relating to the Federalaid urban system; (3) in the undesignated paragraph relating to Indian reservation roads by striking ``, including roads on the Federalaid systems,''; and (4) in the undesignated paragraph relating to park road by inserting ``, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles,'' before ``that is located within''. (e) Interstate System.-The undesignated paragraph of such section relating to the Interstate System is amended by inserting ``Dwight D. Eisenhower'' before ``National''. (f) Operational Improvement.-Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraph: ``The term `operational improvement' means a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs and such other capital improvements to public roads as the Secretary may designate, by regulation; except that such term does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location.''. (g) Startup Costs for Traffic Management and Control; Carpool Project; Public Authority; Public Lands Highway; Reconstruction.-Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraphs: ``The term `startup costs for traffic management and control' means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers. ``The term `carpool project' means any project to encourage the use of carpools and vanpools, including but not limited to provision of carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools. ``The term `public authority' means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or tollfree facilities. ``The term `public lands highway' means a forest road under the jurisdiction of and maintained by a public authority and open to public travel or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel.''. SEC. 1006. NATIONAL HIGHWAY SYSTEM. (a) Establishment.-Section 103 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) In General.-For purposes of this title, the Federalaid systems are the Interstate System and the National Highway System. ``(b) National Highway System.- ``(1) Purpose.-The purpose of the National Highway System is to provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel. ``(2) Components.-The National Highway System shall consist of the following: ``(A) Highways designated as part of the Interstate System under subsection (e) and section 139 of this title. ``(B) Other urban and rural principal arterials and highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation facility. The States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under this paragraph. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134 of this title. The routes on the National Highway System, as shown on the map submitted by the Secretary to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991, illustrating the National Highway System, shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised pro_posals~~ to~~ Congress~~ for~~ approval~~ in~~ accordance~~ with paragraph (3). ``(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, and emergency capabilities for the movement of personnel, materiels, and equipment in both peace time and war time. Such highways may include highways on and off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3). ``(D) Major strategic highway network connectors which are highways that provide motor vehicle access between major military installations and highways which are part of the strategic highway network. Such highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and subject to approval by Congress in accordance with paragraph (3). ``(3) Approval of designations.- ``(A) Proposed designations.-Not later than 2 years after the date of the enactment of this section, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a proposed National Highway System with a list and description of highways proposed to be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing the proposed system, the Secretary shall consult appropriate local officials and shall use the functional reclassification of roads and streets carried out under subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991. ``(B) Approval of congress required.-After September 30, 1995, no funds made available for carrying out this title may be apportioned for the National Highway System or the Interstate maintenance program under this title unless a law has been approved designating the National Highway System. ``(C) Maximum mileage.-For purposes of proposing highways for designation to the National Highway System, the mileage of highways on the National Highway System shall not exceed 155,000 miles; except that the Secretary may increase or decrease such maximum mileage by not to exceed 15 percent. ``(D) Equitable allocations of highway mileage.-In proposing highways for designation to the National Highway System, the Secretary shall provide for equitable allocation of highway mileage among the States. ``(4) Interim system.-For fiscal years 1992, 1993, 1994, and 1995, highways classified as principal arterials by the States shall be treated as being on the National Highway System for purposes of this title.''. (b) Conforming Amendments to Section 103.- (1) Repeal of federalaid secondary and urban systems.-Subsections (c) and (d) of such section are repealed. (2) Approval.-Subsection (f) of such section is amended- (A) by striking ``the Federalaid primary system, the Federalaid secondary system, the Federalaid urban system, and''; and (B) by striking the last sentence. (c) Functional Reclassification of Highways.- (1) State action.-Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section, including the amendments made by this section. (2) Approval and submission to congress.-Not later than September 30, 1993, the Secretary shall approve the functional reclassification of roads and streets made by the States pursuant to this subsection and shall submit a report to Congress containing such reclassification. (3) State defined.-In this subsection, the term ``State'' has the meaning such term has under section 101 of title 23, United States Code, and shall include the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern _Marianas. (d) Project Eligibility.-Section 103 of title 23, United States Code, is amended by adding at the end the following new subsection: ``(i) Eligible Projects for NHS.-Subject to project 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: ``(1) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of such system. ``(2) Operational improvements for segments of such system. ``(3) Construction of, and operational improvements for, a Federalaid highway not on the National Highway System and construction of a transit project eligible for assistance under the Federal Transit Act- ``(A) if such highway or transit project is in the same corridor as, and in proximity to, a fully access controlled highway designated to the National Highway System; ``(B) if the construction or improvements will improve the level of service on the fully access controlled highway and improve regional travel; and ``(C) if the construction or improvements are more cost effective than an improvement to the fully access controlled highway that has benefits comparable to the benefits which will be achieved by the construction of, or improvements to, the highway not on the National Highway System. ``(4) Highway safety improvements for segments of the National Highway System. ``(5) Transportation planning in accordance with sections 134 and 135. ``(6) Highway research and planning in accordance with section 307. ``(7) Highwayrelated technology transfer activities. ``(8) Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds. ``(9) Fringe and corridor parking facilities. ``(10) Carpool and vanpool projects. ``(11) Bicycle transportation and pedestrian walkways in accordance with section 217. ``(12) Development and establishment of management systems under section 303. ``(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.''. (e) Apportionments.-Section 104(b)(1) of such title is amended to read as follows: ``(1) National highway system.-For the National Highway System 1 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the remaining 99 percent apportioned in the same ratio as funds are apportioned under paragraph (3).''. (f) Transferability.-Section 104 of such title is amended by striking subsection (c) and inserting the following new subsection: ``(c) Transferability of NHS Apportionments.-A State may transfer not to exceed 50 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred under this subsection.''. (g) Conforming Amendments to Other Sections.- (1) Definitions.-Section 101(a) of title 23, United States Code, is amended by striking the paragraph relating to Federalaid highways and inserting the following new paragraph: ``The term `Federalaid highways' means highways eligible for assistance under this chapter other than highways classified as local roads or rural minor collectors.''. (2) Prevailing rate of wage.-Section 113(a) of such title is amended by striking ``systems, the primary and secondary, as well as their extension in urban areas, and the Interstate System,'' and inserting ``highways''. (h) National Defense Highways Located Outside United States.- (1) Reconstruction projects.-If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway. (2) Funding.-The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended. SEC. 1007. SURFACE TRANSPORTATION PROGRAM. (a) Establishment of Program.- (1) In general.-Chapter 1 of title 23, United States Code, is amended by inserting after section 132 the following new _section: ``Sec. 133. Surface transportation program ``(a) Establishment.-The Secretary shall establish a surface transportation program in accordance with this section. ``(b) Eligible Projects.-A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following: ``(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title. ``(2) Capital costs for transit projects eligible for assistance under the Federal Transit Act and publicly owned intracity or intercity bus terminals and facilities. ``(3) Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways in accordance with section 217. ``(4) Highway and transit safety improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railwayhighway grade crossings. ``(5) Highway and transit research and development and technology transfer programs. ``(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs. ``(7) Surface transportation planning programs. ``(8) Transportation enhancement activities. ``(9) Transportation control measures listed in section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act. ``(10) Development and establishment of management systems under section 303. ``(11) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes. ``(c) Location of Projects.-Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b) (3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federalaid highway system on January 1, 1991, and except as approved by the Secretary. ``(d) Allocations of Apportioned Funds.- ``(1) For safety programs.-10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section. ``(2) For transportation enhancement activities.-10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhancement activities. ``(3) Division between urbanized areas of over 200,000 population and other areas.- ``(A) General rule.-Except as provided in subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section- ``(i) in urbanized areas of the State with an urbanized area population of over 200,000, and ``(ii) in other areas of the State, in proportion to their relative share of the State's population. The remaining 37.5 percent may be obligated in any area of the State. Funds attributed to an urbanized area under clause (i) may be obligated in the metropolitan area established under section 134 which encompasses the urbanized area. ``(B) Special rule for areas of less than 5,000 population.-Of the amounts required tobe obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federalaid secondary system for fiscal year 1991. ``(C) Special rule for certain states.-In the case of a State in which- ``(i) greater than 80 percent of the population of the State is located in 1 or more metropolitan statistical areas, and ``(ii) greater than 80 percent of the land area of such State is owned by the United States, the 62.5 percentage specified in the first sentence of subparagraph (A) shall be 35 percent and the percentage specified in the second sentence of subparagraph (A) shall be 65 percent. ``(D) Noncontiguous states exemption.-Subparagraph (A) shall not apply to any State which is noncontiguous with the continental United States. ``(E) Distribution between urbanized areas of over 200,000 population.-The amount of funds which a State is required to obligate under subparagraph (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas; except that the State may obligate such funds based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to do so and the Secretary grants the request. ``(4) Applicability of planning requirements.-Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title. ``(e) Administration.- ``(1) Noncompliance.-If the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken. ``(2) Certification.-The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during such quarter. A State may request adjustment to the obligation amounts later in each of such quarters. Acceptance of the notification and certification shall be deemed a contractual obligation of the United States for the payment of the surface transportation program funds expected to be obligated by the State in such quarter for projects not subject to review by the Secretary under this chapter. ``(3) Payments.-The Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary. Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments. ``(4) Population determinations.-The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section. ``(f) Allocation of Obligation Authority.-A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate during the 6fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federalaid highways and highway safety construction for use in such area determined by multiplying- ``(1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by ``(2) the ratio of the aggregate amount of obligation authority distributed to the State for Federalaid highways and highway safety construction during such period to the total sums apportioned to the State for Federalaid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.''. (2) Conforming amendment.-The analysis for chapter 1 of such title is amended by inserting after the item relating to section 132 the following: ``133. Surface transportation program.''. (b) Apportionment of Surface Transportation Program Funds.- (1) In general.-Section 104(b)(3) of title 23, United States Code, is amended to read as follows: ``(3) Surface transportation program.- ``(A) General rule.-For the surface transportation program in a manner so that a State's current percentage share of apportionments is equal to the State's 1987m1991 percentage share of apportionments. For purposes of this paragraph- ``(i) a State's current percentage share of apportionments is the State's percentage share of all funds apportioned for a fiscal year under paragraph (1) for the National Highway System, under section 144 for the bridge program, under paragraph (5)(B) for Interstate maintenance, and under this paragraph; and ``(ii) a State's 1987m1991 percentage share of apportionments is the State's percentage share of all apportionments and allocations under this title for fiscal years 1987, 1988, 1989, 1990, and 1991 (except apportionments and allocations for Interstate construction under sections 104(b)(5)(A) and 118, Interstate highway substitute under section 103(e)(4), Federal lands highways under section 202, and emergency relief under section 125, all allocations under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the portion of allocations under section 157 (relating to minimum allocation) that would be attributable to apportionments made under Interstate construction and Interstate highway substitute programs under sections 104(b)(5)(A) and 103(e)(4), respectively, for such fiscal years if the minimum allocation percentage for such fiscal years had been 90 percent instead of 85 percent). ``(B) Calculation rules.-In calculating a State's percentage share under this paragraph for the purpose of making apportionments for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, each State shall be treated as having received \1/2\ of 1 percent of all funds apportioned for the Interstate construction program under section 104(b)(5)(A) in fiscal years 1987, 1988, 1989, 1990, and 1991. Notwithstanding any other provision of this paragraph, in any fiscal year no State shall receive a percentage of total apportionments and allocations that is less than 70 percent of its percentage of total apportionments and allocations for fiscal years 1987, 1988, 1989, 1990, and 1991, except for those States that receive an apportionment for Interstate construction under paragraph (5)(A) of more than $50,000,000 for fiscal year 1992.''. (2) Conforming amendments.-Section 104 of such title is further amended- (A) in subsections (a) and (b) by striking ``upon the Federalaid systems'' and inserting ``on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System''; (B) in subsection (b) by striking ``paragraphs (4) and (5)'' and inserting ``paragraph (5)(A)''; and (C) in subsection (b) by striking ``and sections 118(c) and 307(d)'' and inserting ``and section 307''. (c) Transportation Enhancement Activities Defined.-Section 101(a) of title 23, United States Code, is amended by adding at the end the following new paragraph: ``The term `transportation enhancement activities' means, with respect to any project or the area to be served by the project, provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff.''. SEC. 1008. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Establishment of Program.-Section 149 of title 23, United States Code, is amended to read as follows: ``Sec. 149. Congestion mitigation and air quality improvement program ``(a) Establishment.-The Secretary shall establish a congestion mitigation and air quality improvement program in accordance with this section. ``(b) Eligible Projects.-Except as provided in subsection (c), a State may obligate funds apportioned to it under section 104(b)(2) for the congestion mitigation and air quality improvement program only for a transportation project or program- ``(1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clauses (xii) and (xvi) of such section), that the project or program is likely to contribute to the attainment of a national ambient air quality standard; or ``(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section; ``(2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits; or ``(3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors. No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times. ``(c) States Without a Nonattainment Area.-If a State does not have a nonattainment area for ozone or carbon monoxide under the Clean Air Act located within its borders, the State may use funds apportioned to it under section 104(b)(2) for any project eligible for assistance under the surface transportation program. ``(d) Applicability of Planning Requirements.-Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.''. (b) Apportionment.-Section 104(b)(2) of such title is amended to read as follows: ``(2) Congestion mitigation and air quality improvement program.-For the congestion mitigation and air quality improvement program, in the ratio which the weighted nonattainment area population of each State bears to the total weighted nonattainment area population of all States. The weighted nonattainment area population shall be calculated by multiplying the population of each area within any State that is a nonattainment area (as defined in the Clean Air Act) for ozone by a factor of- ``(A) 1.0 if the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act; ``(B) 1.1 if the area is classified as a moderate ozone nonattainment area under such subpart; ``(C) 1.2 if the area is classified as a serious ozone nonattainment area under such subpart; ``(D) 1.3 if the area is classified as a severe ozone nonattainment area under such subpart; or ``(E) 1.4 if the area is classified as an extreme ozone nonattainment area under such subpart. If the area is also classified under subpart 3 of part D of title I of such Act as a nonattainment area for carbon monoxide, for purposes of calculating the weighted nonattainment area population, the weighted nonattainment area population of the area, as determined under the preceding provisions of this paragraph, shall be further multiplied by a factor of 1.2. Notwithstanding any provision of this paragraph, in the case of States with a total 1990 census population of 15,000,000 or greater, the amount apportioned under this paragraph in a fiscal year to all of such States in the aggregate, shall be distributed among such States based on their relative populations; except that none of such States shall be distributed more than 42 percent of the aggregate amount so apportioned to all of such States. Notwithstanding any other provision of this paragraph, each State shall receive a minimum apportionment of \1/2\ of 1 percent of the funds apportioned under this paragraph. The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures.''. (c) Conforming Amendment.-The analysis for chapter 1 of such title is amended by striking ``149. Truck lanes.'' and inserting ``149. Congestion mitigation and air quality improvement program.''. SEC. 1009. INTERSTATE MAINTENANCE PROGRAM. (a) Limitation on New Capacity.-Section 119 of title 23, United States Code, is amended by adding at the end the following new subsection: ``(g) Limitation on New Capacity.-Notwithstanding any other provision of this title, the portion of the cost of any project undertaken pursuant to this section that is attributable to the expansion of the capacity of any Interstate highway or bridge, where such new capacity consists of one or more new travel lanes that are not highoccupancy vehicle lanes or auxiliary lanes, shall not be eligible for funding under this section.''. (b) Adequate Maintenance of the Interstate System.-Section 119(f) of such title is amended by inserting after ``Interstate System routes and'' the following: ``the State is adequately maintaining the Interstate System and''. (c) Guidance to the States.-The Secretary shall develop and make available to the States criteria for determining- (1) what share of any project funded under section 119 of title 23, United States Code, is attributable to the expansion of the capacity of an Interstate highway or bridge; and (2) what constitutes adequate maintenance of the Interstate System for the purposes of section 119(f)(1) of title 23, United States Code. (d) Nonchargeable Segments.-Section 104(b)(5)(B) of title 23, United States Code, is amended by inserting ``and routes on the Interstate System designated under section 139(a) of this title before March 9, 1984,'' after ``under sections 103 and 139(c) of this title'' each place it appears. (e) Conforming Amendments.- (1) New heading.-The heading for section 119 of such title is amended to read as follows: ``Sec. 119. Interstate maintenance program''. (2) Analysis.-The analysis for chapter 1 of such title is amended by striking ``119. Interstate System resurfacing.'' and inserting ``119. Interstate maintenance program.''. (3) Eligible activities.-Section 119(c) of such title is _amended to read as follows: ``(c) Eligible Activities.-Activities authorized in subsection (a) may include the reconstruction of bridges, interchanges, and over crossings along existing Interstate routes, including the acquisition of rightofway where necessary, but shall not include the construction of new travel lanes other than high occupancy vehicle lanes or auxiliary lanes.''. (4) Preventive maintenance.-Section 119(e) of such title is amended to read as follows: ``(e) Preventive Maintenance.-Preventive maintenance activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a costeffective means of extending Interstate pavement life.''. (5) Miscellaneous.-Section 119 of such title is amended- (A) in subsection (a) by striking ``, rehabilitating, and reconstructing'' and inserting ``and rehabilitating''; (B) in subsection (a) by striking the last sentence; (C) in the heading for subsection (f) by striking ``Primary System'' and inserting ``Surface Transportation Program''; (D) in subsection (f)(1) by striking ``rehabilitating, or reconstructing'' and inserting ``or rehabilitating''; and (E) in subsection (f) by striking ``section 104(b)(1)'' each place it appears and inserting ``sections 104(b)(1) and 104(b)(3)''. SEC. 1010. OPERATION LIFESAVER; HIGH SPEED RAIL CORRIDORS. Section 104(d) of title 23, United States Code, is amended to read as follows: ``(d) Operation Lifesaver and High Speed Rail Corridors.- ``(1) Operation lifesaver.-The Secretary shall expend, from administrative funds deducted under subsection (a), $300,000 for each fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railwayhighway crossings. ``(2) Railwayhighway crossing hazard elimination in high speed rail corridors.-(A) Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,000,000 of the funds authorized to be appropriated for the surface transportation program for such fiscal year for elimination of hazards of railwayhighway crossings in not to exceed 5 railway corridors selected by the _Secretary in accordance with the criteria set forth in this _paragraph. ``(B) A corridor selected by the Secretary under subparagraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reasonably be expected to occur in the future. ``(3) In making the determination required by paragraph (2)(A), the Secretary shall consider projected rail ridership volumes in such corridors, the percentage of the 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, projected benefits to nonriders such as congestion relief on other modes of transportation serving the corridors (including congestion in heavily traveled air passenger corridors), the amount of State and local financial support that can reasonably be anticipated for the improvement of the line and related facilities, and the cooperation of the owner of the rightofway that can reasonably be expected in the operation of high speed rail passenger service in such corridors.''. SEC. 1011. SUBSTITUTE PROGRAM. (a) Highway Projects.- (1) Authorization of appropriations.-Section 103(e)(4)(G) of title 23, United States Code, is amended- (A) by striking ``and'' the next to the last place it appears; (B) by inserting before the period at the end the following: ``, $240,000,000 per fiscal year for each of fiscal years 1992, 1993, 1994, and 1995''; and (C) by adding at the end the following: ``Such sums may be obligated for transit substitute projects under this paragraph.''. (2) Distribution.-Section 103(e)(4)(H) of such title is _amended- (A) by adding at the end of clause (i) the following new sentence: ``For each of fiscal years 1992, 1993, 1994, and 1995, all funds made available by subparagraph (G) shall be apportioned in accordance with cost estimates adjusted by the Secretary.''; (B) in clause (iii), by striking ``1988, 1989, 1990, and 1991 apportionments'' and inserting ``1988m1995 apportionments''; and (C) by striking ``and 1991.'' and inserting ``1991, 1992, 1993, 1994, and 1995.''. (b) Transit Projects.-Section 103(e)(4)(J) of such title is _amended- (1) in clause (i) by inserting after ``1983,'' the following: ``and ending before October 1, 1991''; (2) by adding at the end of clause (i) the following new sentence: ``100 percent of funds appropriated for each of fiscal years 1992 and 1993 shall be apportioned in accordance with cost estimates adjusted by the Secretary.''; (3) in clause (iii) by striking ``1988, 1989, 1990, and 1991 apportionments'' and inserting ``1988m1993 apportionments''; and (4) by striking ``and 1991.'' and inserting ``1991, 1992, and 1993.''. (c) Period of Availability.-Section 103(e)(4)(E)(i) of such title is amended by adding at the end the following new sentence: ``In the case of funds authorized to be appropriated for substitute transit projects under this paragraph for fiscal year 1993 and for substitute highway projects under this paragraph for fiscal year 1995, such funds shall remain available until expended.''. SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS. (a) New Program.-Section 129(a) of title 23, United States Code, is amended to read as follows: ``(a) Basic Program.- ``(1) Authorization for federal participation.-Notwithstanding section 301 of this title and subject to the provisions of this section, the Secretary shall permit Federal participation in- ``(A) initial construction of a toll highway, bridge, or tunnel (other than a highway, bridge, or tunnel on the Interstate System) or approach thereto; ``(B) reconstructing, resurfacing, restoring, and rehabilitating a toll highway, bridge, or tunnel (including a toll highway, bridge, or tunnel subject to an agreement entered into under this section or section 119(e) as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991) or approach thereto; ``(C) reconstruction or replacement of a tollfree bridge or tunnel and conversion of the bridge or tunnel to a toll facility; ``(D) reconstruction of a tollfree Federalaid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; and ``(E) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under subparagraph (A), (B), (C), or (D); on the same basis and in the same manner as in the construction of free highways under this chapter. ``(2) Ownership.-Each highway, bridge, tunnel, or approach thereto constructed under this subsection must- ``(A) be publicly owned, or ``(B) be privately owned if the public authority having jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with a private person or persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility. ``(3) Limitations on use of revenues.-Before the Secretary may permit Federal participation under this subsection in construction of a highway, bridge, or tunnel located in a State, the public authority (including the State transportation department) having jurisdiction over the highway, bridge, or tunnel must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the toll facility will be used first for debt service, for reasonable return on investment of any private person financing the project, and for the costs necessary for the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation. If the State certifies annually that the tolled facility is being adequately maintained, the State may use any toll revenues in excess of amounts required under the preceding sentence for any purpose for which Federal funds may be obligated by a State under this title. ``(4) Special rule for funding.-In the case of a toll highway, bridge, or tunnel under the jurisdiction of a public authority of a State (other than the State transportation department), upon request of the State transportation department and subject to such terms and conditions as such department and public authority may agree, the Secretary shall reimburse such public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as such department would be reimbursed if such project was being carried out by such department. The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federalaid system in such State on which the project is being carried out. ``(5) Limitation on federal share.-Except as otherwise _provided in this paragraph, the Federal share payable for _construction of a highway, bridge, tunnel, or approach thereto or _conversion of a highway, bridge, or tunnel to a toll facility under this subsection shall be such percentage as the State determines but not to exceed 50 percent. The Federal share payable for construction of a new bridge, tunnel, or approach thereto or for reconstruction or replacement of a bridge, tunnel, or approach thereto shall be such percentage as the Secretary determines but not to exceed 80 percent. In the case of a toll facility subject to an agreement under section 119 or 129, the Federal share payable on any project for resurfacing, restoring, rehabilitating, or reconstructing such facility shall be 80 percent until the scheduled expiration of such agreement (as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). ``(6) Modifications.-If a public authority (including a State transportation department) having jurisdiction over a toll highway, bridge, or tunnel subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991, requests modification of such agreement, the Secretary shall modify such agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds. ``(7) Loans.-A State may loan all or part of the Federal share of a toll project under this section to a public or private agency constructing a toll facility. Such loan may be made only after all Federal environmental requirements have been complied with and permits obtained. The amount loaned shall be subordinated to other debt financing for the facility except for loans made by the State or any other public agency to the agency constructing the facility. Funds loaned pursuant to this section may be obligated for projects eligible under this section. The repayment of any such loan shall commence not more than 5 years after the facility has opened to traffic. Any such loan shall bear interest at the average rate the State's pooled investment fund earned in the 52 weeks preceding the start of repayment. The term of any such loan shall not exceed 30 years from the time the loan was obligated. Amounts repaid to a State from any loan made under this section may be obligated for any purpose for which the loaned funds were available. The Secretary shall establish procedures and guidelines for making such loans. ``(8) Initial construction defined.-For purposes of this subsection, the term `initial construction' means the construction of a highway, bridge, or tunnel at any time before it is open to traffic and does not include any improvement to a highway, bridge, or tunnel after it is open to traffic.''. (b) Congestion Pricing Pilot Program.-(1) The Secretary shall solicit the participation of State and local governments and public authorities for one or more congestion pricing pilot projects. The Secretary may enter into cooperative agreements with as many as 5 such State or local governments or public authorities to establish, maintain, and monitor congestion pricing projects. (2) Notwithstanding section 129 of title 23, United States Code, the Federal share payable for such programs shall be 80 percent. The Secretary shall fund all of the development and other start up costs of such projects, including salaries and expenses, for a period of at least 1 year, and thereafter until such time that sufficient revenues are being generated by the program to fund its operating costs without Federal participation, except that the Secretary may not fund any project for more than 3 years. (3) Revenues generated by any pilot project under this subsection must be applied to projects eligible under such title. (4) Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall allow the use of tolls on the Interstate System as part of a pilot program under this section, but not on more than 3 of such programs. (5) The Secretary shall monitor the effect of such projects for a period of at least 10 years, and shall report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives every 2 years on the effects such programs are having on driver behavior, traffic, volume, transit ridership, air quality, and availability of funds for transportation programs. (6) Of the sums made available to the Secretary pursuant to section 104(a) of title 23, United States Code, not to exceed $25,000,000 shall be made available each fiscal year to carry out the requirements of this subsection. Not more than $15,000,000 of such amounts shall be made available to carry out each pilot project under this section. (c) Elimination of Public Operation Requirement for Toll Ferries.-Section 129 of such title is amended- (1) by striking subsections (b), (c), (d), (e), (h), (i), and (k); (2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively; (3) in subsection (c) as so redesignated by inserting ``and ferry terminal facilities'' after ``boats''; (4) in subsection (c) as so redesignated by striking paragraph (3) and inserting the following: ``(3) Such ferry boat or ferry terminal facility shall be publicly owned.''; and (5) in subsection (c)(4) as so redesignated- (A) by inserting ``or other public entity'' after ``State''; and (B) by inserting before the period at the end the following: ``, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return''. (d) Continuation of Existing Agreements.-Unless modified under section 129(a)(6) of such title, as amended by subsection (a) of this section, agreements entered into under section 119(e) or 129 of such title before the effective date of this title and in effect on the day before such effective date shall continue in effect on and after such effective date in accordance with the provisions of such agreement and such section 119(e) or 129. (e) Special Rule for Certain Existing Toll Facility Agreements.-Notwithstanding sections 119 and 129 of title 23, United States Code, at the request of the nonFederal parties to a toll facility agreement reached before October 1, 1991, regarding the New York State Thruway or the Fort McHenry Tunnel under section 105 of the FederalAid Highway Act of 1978 or section 129 of title 23, United States Code (as in effect on the day before the date of the enactment of this Act), the Secretary shall allow for the continuance of tolls without repayment of Federal funds. Revenues collected from such tolls, after the date of such request, in excess of revenues needed for debt service and the actual costs of operation and maintenance shall be available for (1) any transportation project eligible for assistance under title 23, United States Code, or (2) costs associated with transportation facilities under the jurisdiction of such nonFederal party, including debt service and costs related to the construction, reconstruction, restoration, repair, operation and maintenance of such facilities. (f) Voiding of Certain Agreements for Im78 Delaware River Bridge.-Upon the joint request of the State of Pennsylvania, the State of New Jersey, and the Delaware River Joint Toll Bridge Commission, and upon such parties entering into a new agreement with the Secretary regarding the bridge on Interstate Route 78 which crosses the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey, the Secretary shall void any agreement entered into with such parties with respect to the bridge before the effective date of this subsection under section 129(a), 129(d), or 129(e) of title 23, United States Code. The new agreement referred to in the preceding sentence shall permit the continuation of tolls without repayment of Federal funds and shall provide that all toll revenues received from operation of the bridge will be used- (1) first for repayment of the nonFederal cost of construction of the bridge (including debt service); (2) second for the costs necessary for the proper operation and maintenance of the bridge, including resurfacing, restoration, and rehabilitation; and (3) to the extent that toll revenues exceed the amount necessary for paragraphs (1) and (2), such excess may be used with respect to any other bridge under the jurisdiction of the Delaware River Joint Toll Bridge Commission. (g) Bridge Connecting Pennsylvania Turnpike System and New Jersey Turnpike.-Section 3 of the Act of October 26, 1951 (65 Stat. 653), is amended by striking ``: Provided,'' and all that follows before the period. SEC. 1013. MINIMUM ALLOCATION. (a) General Rule.-Section 157(a) of title 23, United States Code, is amended- (1) in paragraph (3) by striking ``Thereafter'' and inserting ``Fiscal years 1989m1991''; (2) in paragraph (3) by striking ``and each fiscal year thereafter,'' and inserting ``, 1990, and 1991''; and (3) by adding at the end the following new paragraph: ``(4) Thereafter.-In fiscal year 1992 and each fiscal year thereafter on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Interstate construction, Interstate maintenance, Interstate highway substitute, National Highway System, surface transportation program, bridge program, scenic byways, and grants for safety belts and motorcycle helmets shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.''. (b) Conforming Amendments.-Section 157(b) of such title is amended- (1) by striking ``primary, secondary,'' and inserting ``National Highway, surface transportation program,''; (2) by striking ``urban,'' and inserting ``congestion mitigation and air quality improvement program,''; (3) by striking ``replacement and rehabilitation''; and (4) by inserting after the first sentence the following: ``\1/2\ of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title.''. (c) Donor State Bonus Amounts.- (1) Funding.-There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the payment of donor State bonus amounts the following amounts for the following fiscal years: (A) For fiscal year 1992 $429,000,000. (B) For fiscal year 1993 $514,000,000. (C) For fiscal year 1994 $514,000,000. (D) For fiscal year 1995 $514,000,000. (E) For fiscal year 1996 $514,000,000. (F) For fiscal year 1997 $515,000,000. (2) Apportionment.- (A) Formula.-The bonus apportionments which are provided under this subsection for a fiscal year shall be apportioned in such a way as to bring each successive State, or States, with the lowest dollar return on dollar projected to be contributed into the Highway Trust Fund for such fiscal year, up to the highest common return on contributed dollar that can be funded with the annual authorizations provided under this subsection. (B) Applicability of chapter 1 of title 23.-Funds apportioned under this subsection shall be available for obligation in the same manner and for the same purposes as if such funds were apportioned for the surface transportation program under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended. Onehalf of the amounts apportioned under this subsection shall be subject to section 133(d)(3) of title 23, United States Code, as added by this Act. SEC. 1014. REIMBURSEMENT FOR SEGMENTS OF THE INTERSTATE SYSTEM CONSTRUCTED WITHOUT FEDERAL ASSISTANCE. (a) In General.-Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 160. Reimbursement for segments of the Interstate System constructed without Federal assistance ``(a) General Authority.-The Secretary shall allocate to the States in each of fiscal years 1996 and 1997 amounts determined under subsection (b) for reimbursement of their original contributions to construction of segments of the Interstate System which were constructed without Federal financial assistance. ``(b) Determination of Reimbursement Amount.-The amount to be reimbursed to a State in each of fiscal years 1996 and 1997 under this section shall be determined by multiplying the amount made available for carrying out this section for such fiscal year by the reimbursement percentage set forth in the table contained in subsection (c). ``(c) Reimbursement Table.-For purposes of carrying out this section, the reimbursement percentage, the original cost for constructing the Interstate System, and the total reimbursable amount for each State is set forth in the following table: ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ States Original cost Reimbursement Reimbursable in millions percentage amount in millions ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ Alabama ................. $9 0.50 $147 Alaska ............................ 0.50 147 Arizona ..................20 0.50 147 Arkansas ................. 6 0.50 147 California ............. 298 5.42 1,591 Colorado ................ 23 0.50 147 Connecticut ............ 314 5.71 1,676 Delaware ................ 39 0.71 209 Florida ................. 31 0.56 164 Georgia ................. 46 0.84 246 Hawaii ............................ 0.50 147 Idaho .................... 5 0.50 147 Illinois ............... 475 8.62 2,533 Indiana ................ 167 3.03 892 Iowa ..................... 5 0.50 147 Kansas ................. 101 1.84 540 Kentucky ................ 32 0.57 169 Louisiana ............... 22 0.50 147 Maine ................... 38 0.69 204 Maryland ............... 154 2.79 820 Massachusetts .......... 283 5.14 1,511 Michigan ............... 228 4.14 1,218 Minnesota ............... 16 0.50 147 Mississippi .............. 6 0.50 147 Missouri ................ 74 1.35 396 Montana .................. 5 0.50 147 Nebraska ................. 1 0.50 147 Nevada ................... 2 0.50 147 New Hampshire ............ 8 0.50 147 New Jersey ............. 353 6.41 1,882 New Mexico ............... 8 0.50 147 New York ............... 929 16.88 4,960 North Carolina .......... 36 0.65 191 North Dakota ............. 3 0.50 147 Ohio ................... 257 4.68 1,374 Oklahoma ................ 91 1.66 486 Oregon .................. 78 1.42 417 Pennsylvania ........... 354 6.43 1,888 Rhode Island ............ 12 0.50 147 South Carolina ........... 4 0.50 147 South Dakota ............. 5 0.50 147 Tennessee ................ 7 0.50 147 Texas .................. 200 3.64 1,069 Utah ..................... 6 0.50 147 Vermont .................. 1 0.50 147 Virginia ............... 111 2.01 591 Washington .............. 73 1.32 389 West Virginia ............ 5 0.50 147 Wisconsin ................ 8 0.50 147 Wyoming .................. 9 0.50 147 D.C....................... 9 0.50 147 ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ TOTALS .............. $4,967 100.00 $29,384 ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ``(d) Transfer of Reimbursable Amounts to STP Apportionment.-Subject to subsection (e) of this section, the Secretary shall transfer amounts allocated to a State pursuant to this section to the apportionment of such State under section 104(b)(3) for the surface transportation program. ``(e) Limitation on Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of this title shall not apply to \1/2\ of the amounts transferred under subsection (d) to the apportionment of the State for the surface transportation program: ``(1) Subsection (d)(1). ``(2) Subsection (d)(2). ``(3) Subsection (d)(3). ``(f) Authorization of Appropriations.-There is authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), $2,000,000,000 per fiscal year for each of fiscal years 1996 and 1997 to carryout this section.''. (b) Conforming Amendment.-The analysis for chapter 1 of such title is amended by adding at the end the following new item: ``160. Reimbursement for segments of the Interstate System constructed without Federal assistance.''. (c) Kansas Projects.- (1) United states route 50.-The State of Kansas shall obligate in fiscal year 1996 $24,440,000 to construct the Hutchinson Bypass between United States Route 50 and Kansas Route 96 in the vicinity of Hutchinson, Kansas. Such funds shall be obligated from amounts allocated to the State of Kansas for fiscal year 1996 under section 160 of title 23, United States Code. (2) United states route 91.-The State of Kansas shall obligate in fiscal years 1996 and 1997 such sums as may be necessary to widen United States Route 91 from Belleville, Kansas, to the Nebraska border. Such funds shall be obligated from amounts allocated to the State of Kansas for fiscal years 1996 and 1997 under such section. (3) Nonapplicability of certain provisions.-Sections 160(d) and 133(d)(3) of title 23, United States Code, shall not apply to funds allocated to the State of Kansas for fiscal years 1996 and 1997. SEC. 1015. APPORTIONMENT ADJUSTMENTS. (a) Hold Harmless.- (1) General rule.-The amount of funds which, but for this subsection, would be apportioned to a State for each of the fiscal years 1992 through 1997 under section 104(b)(3) of title 23, United States Code, for the surface transportation program shall be increased or decreased by an amount which, when added to or subtracted from the aggregate amount of funds apportioned to the State for such fiscal year and funds allocated to the State for the prior fiscal year under section 104(b) of such title, section 103(e)(4) for Interstate highway substitute, section 144 of such title, section 157 of such title, under section 202 of such title for the Federal lands highways program, section 160 of such title for the reimbursement program, and section 1013(c) of this Act for the donor State bonus program, will result in the percentage ~ of ~ amounts ~ so ~ apportioned ~ and ~ allocated ~ to ~ all States being equal to the percentage listed for such State in paragraph (2). (2) State percentages.-For purposes of paragraph (1) the percentage of amounts apportioned and allocated which are referred to in paragraph (1) for each State, and the District of Columbia shall be determined in accordance with the following table: Adjustment States Percentage Alabama 1.74 Alaska 1.28 Arizona 1.49 Arkansas 1.20 California 9.45 Colorado 1.35 Connecticut 1.78 Delaware 0.41 District of Columbia 0.53 Florida 4.14 Georgia 2.97 Hawaii 0.57 Idaho 0.69 Illinois 3.72 Indiana 2.20 Iowa 1.25 Kansas 1.14 Kentucky 1.52 Louisiana 1.55 Maine 0.50 Maryland 1.69 Massachusetts 4.36 Michigan 2.81 Minnesota 1.58 Mississippi 1.15 Missouri 2.23 Montana 0.97 Nebraska 0.83 Nevada 0.64 New Hampshire 0.48 New Jersey 2.87 New Mexico 1.08 New York 5.37 North Carolina 2.65 North Dakota 0.62 Ohio 3.73 Oklahoma 1.42 Oregon 1.26 Pennsylvania 4.38 Rhode Island 0.54 South Carolina 1.41 South Dakota 0.71 Tennessee 2.08 Texas 6.36 Utah 0.77 Vermont 0.44 Virginia 2.27 Washington 2.06 West Virginia 0.94 Wisconsin 1.70 Wyoming 0.67 (b) 90 Percent of Payment Adjustments.- (1) General rule.-For each of fiscal years 1992 through 1997, the Secretary shall allocate among the States amounts sufficient to ensure that a State's total apportionments for such fiscal year and allocations for the prior fiscal year under section 104(b) of such title, section 103(e)(4) for Interstate highway substitute, section 144 of such title, section 157 of such title, section 202 of such title for the Federal lands highways program, section 1013(c) of this Act for the donor State bonus program, section 160 of such title for the reimbursement program, and subsection (a) of this section for hold harmless is not less than 90 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than Mass Transit Account) in the latest fiscal year in which data is available. (2) Transfer of allocated amounts to stp apportionment.-Subject to subsection (d) of this section, the Secretary shall transfer amounts allocated to a State pursuant to paragraph (1) to the apportionment of such State under section 104(b)(3) for the surface transportation program. (c) Additional Allocation.-Subject to subsection (d) of this section, the Secretary shall allocate to the State of Wisconsin $40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal years 1993 through 1997 and transfer such amounts to the apportionment of such State under section 104(b)(3) of title 23, United States Code, for the surface transportation program. (d) Limitation on Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of title 23, United States Code, shall not apply to \1/2\ of the amounts added under subsection (a) to the apportionment of the State for the surface transportation program and of amounts transferred under subsections (b) and (c) to such apportionment: (1) Subsection (d)(1). (2) Subsection (d)(2). (3) Subsection (d)(3). (e) Authorization of Appropriations.-There are authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section such sums as may be necessary for each of fiscal years 1992 through 1997. SEC. 1016. PROGRAM EFFICIENCIES. (a) HOV Passenger Requirements; Engineering Cost Reimbursement.-Section 102 of title 23, United States Code, is amended to read as follows: ``Sec. 102. Program efficiencies ``(a) HOV Passenger Requirements.-A State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles. ``(b) Engineering Cost Reimbursement.-If onsite construction of, or acquisition of rightofway for, a highway project is not commenced within 10 years after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for preliminary engineering of such project, the State shall pay an amount equal to the amount of Federal funds made available for such engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.''. (b) Project Approval.-Section 106 of such title is amended- (1) in subsection (a) by inserting ``this section and'' before ``section 117''; and (2) by striking subsection (b) and inserting the following new subsection: ``(b) Special Rules.- ``(1) 3R projects on nhs.-Notwithstanding any other provision of this title, a State highway department may approve, on a project by project basis, plans, specifications, and estimates for projects to resurface, restore, and rehabilitate highways on the National Highway System if the State certifies that all work will meet or exceed the standards approved by the Secretary under section 109(c). ``(2) Nonnhs projects and lowcost nhs projects.-Any State may request that the Secretary no longer review and approve plans, specifications, and estimates for any project (including any highway project on the National Highway System with an estimated construction cost of less than $1,000,000 but excluding any other highway project on the National Highway System). After receiving any such notification, the Secretary shall undertake project review only as requested by the State. ``(3) Safety considerations.-Safety considerations for projects subject to this subsection may be met by phase construction consistent with an operative safety management system established in accordance with section 303.''. (c) Standards.-Section 109(c) of such title is amended to read as follows: ``(c) Design and Construction Standards for NHS.-Design and construction standards to be adopted for new construction on the National Highway System, for reconstruction on the National Highway System, and for resurfacing, restoring, and rehabilitating multilane limited access highways on the National Highway System shall be those approved by the Secretary~~~ in~~~ cooperation~~~ with~~~ the~~~ State~~~ highway~~~ departments. All eligible work for such projects shall meet or exceed such _standards.''. (d) Compliance With State Laws for NonNHS Projects.-Section 109 of such title is amended by adding at the end the following new subsection: ``(p) Compliance With State Laws for NonNHS Projects.-Projects (other than highway projects on the National Highway System) shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards.''. (e) Historic and Scenic Values.-Section 109 of such title is amended by adding at the end the following new subsection: ``(q) Historic and Scenic Values.-If a proposed project under sections 103(e)(4), 133, or 144 involves a historic facility or is located in an area of historic or scenic value, the Secretary may approve such project notwithstanding the requirements of subsections (a) and (b) of this section and section 133(c) if such project is designed to standards that allow for the preservation of such historic or scenic value and such project is designed with mitigation measures to allow preservation of such value and ensure safe use of the facility.''. (f) Conforming Amendments.- (1) Standards.-Section 109 of such title is amended- (A) in subsection (a) by striking ``projects on any Federalaid system'' and inserting ``highway projects under this chapter''; and (B) in subsection (l)(1) by striking ``Federalaid system'' and inserting ``Federalaid highway''. (2) Certification acceptance.-Section 117 of such title is amended- (A) in subsection (a) by striking ``on Federalaid systems, except'' and inserting ``under this chapter, except projects on''; (B) in subsection (a) by inserting ``or other transportation'' before ``construction,''; (C) by striking subsection (b) and inserting the following: ``(b) The Secretary may accept projects based on inspections of a type and frequency necessary to ensure the projects are completed in accordance with appropriate standards.''; and (D) in subsection (e) by inserting ``, section 106(b), section 133, and section 149'' after ``in this section''. (3) Chapter analysis.-The analysis of chapter 1 of such title, is amended by striking ``102. Authorizations.'' and inserting ``102. Program efficiencies.''. (g) Limitation on Certain Expenditures.-No Federal funds may be expended for any highway project on any portion of the scenic highway known as ``Ministerial Road'' between route 138 and route 1 in the State of Rhode Island unless the Governor of such State and the town council of the town of South Kingstown, Rhode Island, first agree to the design. SEC. 1017. ACQUISITION OF RIGHTSOFWAY. (a) RightofWay Revolving Fund.-Sections 108(a) and 108(c)(3) of title 23, United States Code, are each amended by striking ``ten'' and inserting ``20''. (b) Early Acquisition of RightsofWay.-Section 108 of such title is further amended by adding at the end the following new subsection: ``(d) Early Acquisition of RightsofWay.- ``(1) General rule.-Subject to paragraph (2), funds apportioned to a State under this title may be used to participate in the payment of- ``(A) costs incurred by the State for acquisition of rightsofway, acquired in advance of any Federal approval or authorization, if the rightsofway are subsequently incorporated into a project eligible for surface transportation program funds; and ``(B) costs incurred by the State for the acquisition of land necessary to preserve environmental and scenic values. ``(2) Terms and conditions.-The Federal share payable of the costs described in paragraph (1) shall be eligible for reimbursement out of funds apportioned to a State under this title when the rightsofway acquired are incorporated into a project eligible for surface transportation program funds, if the State demonstrates to the Secretary and the Secretary finds that- ``(A) any land acquired, and relocation assistance provided, complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; ``(B) the requirements of title VI of the Civil Rights Act of 1964 have been complied with; ``(C) the State has a mandatory comprehensive and coordinated land use, environment, and transportation planning process under State law and the acquisition is certified by the Governor as consistent with the State plans before the acquisition; ``(D) the acquisition is determined in advance by the Governor to be consistent with the State transportation planning process pursuant to section 135 of this title; ``(E) the alternative for which the rightofway is acquired is selected by the State pursuant to regulations to be issued by the Secretary which provide for the consideration of the environmental impacts of various alternatives; ``(F) before the time that the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act has been completed for the project for which the rightofway was acquired by the State, and the acquisition has been approved by the Secretary under this Act, and in compliance with section 4(f) of the Department of Transportation Act, section 7 of the Endangered Species Act, and all other applicable environmental laws shall be identified by the Secretary in regulations; and ``(G) before the time that the cost incurred by a State is approved for Federal participation, both the Secretary and the Administrator of the Environmental Protection Agency have concurred that the property acquired in advance of Federal approval or authorization did not influence the environmental assessment of the project, the decision relative to the need to construct the project, or the selection of the project design or location.''. (c) Preservation of Transportation Corridors Report.-The Secretary, in consultation with the States, shall report to Congress within 2 years after the date of the enactment of this Act, a national list of the rightsofway identified by the metropolitan planning organizations and the States (under sections 134 and 135 of title 23, United States Code), including the total mileage involved, an estimate of the total costs, and a strategy for preventing further loss of rightsofway including the desirability of creating a transportation rightofway land bank to preserve vital corridors. SEC. 1018. PRECONSTRUCTION ACTIVITIES. (a) Limitation on Estimates for Construction Engineering.-Section 106(c) of title 23, United States Code, is amended to read as follows: ``(c) Limitation on Estimates for Construction Engineering.-Items included in all such estimates for construction engineering for a State for a fiscal year shall not exceed, in the aggregate, 15 percent of the total estimated costs of all projects financed within the boundaries of the State with Federalaid highway funds in such fiscal year, after excluding from such total estimate costs, the estimated costs of rightsofway, preliminary engineering, and construction engineering.''. (b) Conforming Amendments.-Section 121(d) of such title is amended- (1) by striking ``120'' and inserting ``106(c), 120,''; and (2) by striking the last sentence. SEC. 1019. CONVICT PRODUCED MATERIALS. Section 114(b)(2) of title 23, United States Code, is amended by inserting ``after July 1, 1991,'' after ``Materials produced''. SEC. 1020. PERIOD OF AVAILABILITY. (a) Date and Period of Availability; Discretionary Projects.-Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Date Available for Obligation.-Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. ``(b) Period of Availability; Discretionary Projects.- ``(1) Interstate construction funds.-Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned or allocated to Massachusetts on or before October 1, 1989, shall remain available until expended. ``(2) Other funds.-Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title (other than for Interstate construction) in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.''. (b) Set Aside for Discretionary Projects.-Section 118(c) of such title is amended- (1) by striking ``1983'' and inserting ``1992''; (2) by striking ``$300,000,000'' and inserting ``$100,000,000''; and (3) by striking paragraph (2) and inserting the following new paragraph: ``(2) Set aside for 4r projects.- ``(A) In general.-Before any apportionment is made under section 104(b)(1) of this title, the Secretary shall set aside $54,000,000 for fiscal year 1992, $64,000,000 for each fiscal years 1993, 1994, 1995, and 1996, and $65,000,000 for fiscal year 1997 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 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). Of the amounts set aside under the preceding sentence, the Secretary shall obligate $16,000,000 for fiscal year 1992 and $17,000,000 for each of fiscal years 1993 and 1994 for improvements on the Kennedy Expressway in Chicago, Illinois. The remainder of such funds shall be made available by the Secretary to any State applying for such funds, if the Secretary determines that- ``(i) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(1) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which has been submitted by the State to the Secretary for approval; and ``(ii) the applicant is willing and able to (I) obligate the funds within 1 year of the date the funds are made available, (II) apply them to a readytocommence project, and (III) in the case of construction work, begin work within 90 days of obligation. ``(B) Priority consideration for certain projects.-In selecting projects to fund under subparagraph (A), 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 truckvolume route in a rural area. ``(C) Period of availability of discretionary funds.-Sums made available pursuant to this paragraph shall remain available until expended.''. (c) Conforming Amendment.-Section 118(d) of such title is amended by striking ``(b)(2)'' and inserting ``(b)(1)''. (d) Alaska and Puerto Rico.-Section 118(f) of such title is amended by striking ``on a Federalaid system''. SEC. 1021. FEDERAL SHARE. (a) In General.-Section 120 of title 23, United States Code, is amended by striking subsections (a), (b), (c), and (d) and inserting the following new subsections: ``(a) Interstate System Projects.-Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project. ``(b) Other Projects.-Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be- ``(1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or ``(2) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area; except that the Federal share payable on any project in a State shall not exceed 95 percent of the total cost of any such project. In any case where a State elects to have the Federal share provided in paragraph (2) of this subsection, the State must enter into an agreement with the Secretary covering a period of not less than 1 year, requiring such State to use solely for purposes eligible for assistance under this title (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the State's share as provided in paragraph (2) and what its share would be if it elected to pay the share provided in paragraph (1) for all projects subject to such agreement. ``(c) Increased Federal Share for Certain Safety Projects.-The Federal share payable on account of any project for traffic control signalization, pavement marking, commuter carpooling and vanpooling, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems for emergency vehicles at signalized intersections may amount to 100 percent of the cost of construction of such projects; except that not more than 10 percent of all sums apportioned for all the Federalaid systems for any fiscal year in accordance with section 104 of this title shall be used under this subsection.''. (b) Conforming Amendments.-Section 120 of such title is further amended- (1) by striking subsections (j), (k), (l), and (m), (2) by redesignating subsections (e), (f), (g), (h), (i), and (n) as subsections (d), (e), (f), (g), (h), and (i) respectively, and (3) in subsection (d) as so redesignated by striking ``and (c)'' and inserting ``and (b)''. (c) Limitation on Statutory Construction.-The amendments made by this section shall not be construed to affect (1) the Federal share established by the Supplemental Appropriations Act, 1983 (97 Stat. 329) for construction of any highway on the Interstate System, and (2) the Federal share established by section 120(k) of such title, as in effect on the day before the date of the enactment of this Act, with respect to United States Highway 71 in Arkansas from the Im40 intersection to the MissouriArkansas State line. (d) Higher Federal Share.-If any highway project authorized to be carried out under sections 1103 through 1108 of this Act is a project which would be eligible for assistance under section 204 of title 23, United States Code, or is a project on a federally owned bridge, the Federal share payable on account of such project shall be 100 percent for purposes of this Act. SEC. 1022. EMERGENCY RELIEF. (a) Extension of Time Period.-Section 120(d) of title 23, United States Code, as redesignated by section 1021(b) of this Act, is amended by striking ``90 days'' and inserting ``180 days''. (b)~~~ Dollar~~~ Limitation~~~ for~~~ Territories.-Section~~~ 125(b)(2)~~~ of such title is amended by striking ``$5,000,000'' and inserting ``$20,000,000''. (c) Applicability.-The amendments made by subsections (a) and (b) shall only apply to natural disasters and catastrophic failures occurring after the date of the enactment of this Act. SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION. (a) Conforming Amendments.-Section 127(a) of title 23, United States Code, is amended- (1) by striking ``funds authorized to be appropriated for any fiscal year under provisions of the FederalAid Highway Act of 1956 shall be apportioned'' and inserting ``funds shall be apportioned in any fiscal year under section 104(b)(1) of this title''; and (2) in the fourth sentence by inserting after ``thereof'' the following: ``, other than vehicles or combinations subject to subsection (d) of this section,''. (b) Operation of Longer Combination Vehicles.-Section 127 of such title is amended by adding at the end the following new subsection: ``(d) Longer Combination Vehicles.- ``(1) Prohibition.- ``(A) General continuation rule.-A longer combination vehicle may continue to operate only if the longer combination vehicle configuration type was authorized by State officials pursuant to State statute or regulation conforming to this section and in actual lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 1991, or pursuant to section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2186). ``(B) Applicability of state laws and regulations.-All such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations and conditions, including, but not limited to, routingspecific and configurationspecific designations and all other restrictions, in force on June 1, 1991; except that subject to such regulations as may be issued by the Secretary pursuant to paragraph (5) of this subsection, the State may make minor adjustments of a temporary and emergency nature to route designations~~~ and~~~ vehicle~~~ operating~~~ restrictions~~~ in~~~ effect on June 1, 1991, for specific safety purposes and road _construction. ``(C) Wyoming.-In addition to those vehicles allowed under subparagraph (A), the State of Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991, but authorized by State law not later than November 3, 1992, if such vehicle configurations comply with the single axle, tandem axle, and bridge formula limits set forth in subsection (a) and do not exceed 117,000 pounds gross vehicle weight. ``(D) Ohio.-In addition to vehicles which the State of Ohio may continue to allow to be operated under subparagraph (A), such State may allow longer combination vehicles with 3 cargo carrying units of 28\1/2\ feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated within its boundaries on the 1mile segment of Ohio State Route 7 which begins at and is south of exit 16 of the Ohio Turnpike. ``(E) Alaska.-In addition to vehicles which the State of Alaska may continue to allow to be operated under subparagraph (A), such State may allow the operation of longer combination vehicles which were not in actual operation on June 1, 1991, but which were in actual operation prior to July 5, 1991. ``(2) Additional state restrictions.- ``(A) In general.-Nothing in this subsection shall prevent any State from further restricting in any manner or prohibiting the operation of longer combination vehicles otherwise authorized under this subsection; except that such restrictions or prohibitions shall be consistent with the requirements of sections 411, 412, and 416 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 2312, and 2316). ``(B) Minor adjustments.-Any State further restricting or prohibiting the operations of longer combination vehicles or making minor adjustments of a temporary and emergency nature as may be allowed pursuant to regulations issued by the Secretary pursuant to paragraph (5) of this subsection, shall, within 30 days, advise the Secretary of such action, and the Secretary shall publish a notice of such action in the Federal Register. ``(3) Publication of list.- ``(A) Submission to secretary.-Within 60 days of the date of the enactment of this subsection, each State (i) shall submit to the Secretary for publication in the Federal Register a complete list of (I) all operations of longer combination vehicles be |
