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[DOCID: f:publ178.105]
[[Page 112 STAT. 107]]
Public Law 105-178
105th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and 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; TABLE OF CONTENTS.
(a) <> Short Title.--This Act may be cited
as the ``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
[[Page 112 STAT. 108]]
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Intelligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
[[Page 112 STAT. 109]]
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions to
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
[[Page 112 STAT. 110]]
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of the Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorization of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
[[Page 112 STAT. 111]]
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation upon
termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for Department of
Defense special separation benefit program.
Sec. 8209. Sense of the Congress concerning recovery from tobacco
companies of costs of treatment of veterans for tobacco-
related illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. <> 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United States
Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 for
fiscal year 1999, $3,994,524,000 for fiscal year 2000,
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal
year 2002, and $4,217,635,000 for fiscal year 2003.
[[Page 112 STAT. 112]]
(2) National highway system.--For the National Highway
System under section 103 of such title $4,112,480,000 for fiscal
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000
for fiscal year 2000, $4,887,986,000 for fiscal year 2001,
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for
fiscal year 2003.
(3) Bridge program.--For the bridge program under section
144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) Appalachian development highway system program.--For the
Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C.
App.) $450,000,000 for each of fiscal years 1999 through 2003.
(7) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such title
$225,000,000 for fiscal year 1998 and $275,000,000 for
each of fiscal years 1999 through 2003.
(B) Public lands highways.--For public lands
highways under section 204 of such title $196,000,000
for fiscal year 1998 and $246,000,000 for each of fiscal
years 1999 through 2003.
(C) Park roads and parkways.--For park roads and
parkways under section 204 of such title $115,000,000
for fiscal year 1998 and $165,000,000 for each of fiscal
years 1999 through 2003.
(D) Refuge roads.--For refuge roads under section
204 of such title $20,000,000 for each of fiscal years
1999 through 2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the national
corridor planning and development and coordinated border
infrastructure programs under sections 1118 and 1119 of this Act
$140,000,000 for each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
[[Page 112 STAT. 113]]
facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and 1999,
$24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for
each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000 for
each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998 through
2003.
(b) Disadvantaged Business Enterprises.-- <>
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small
business concern'' has the meaning such term has under
section 3 of the Small Business Act (15 U.S.C. 632);
except that such term shall not include any concern or
group of concerns controlled by the same socially and
economically disadvantaged individual or individuals
which has average annual gross receipts over the
preceding 3 fiscal years in excess of $16,600,000, as
adjusted by the Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning such term
has under section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
promulgated pursuant thereto; except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) <> Annual listing of disadvantaged
business enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred to in
paragraph (1)
[[Page 112 STAT. 114]]
and the location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns which
are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by individuals
who are women and are otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include, but not
be limited to on-site visits, personal interviews, licenses,
analysis of stock ownership, listing of equipment, analysis of
bonding capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of this
Act, if the entity or person is prevented, in whole or in part,
from complying with paragraph (1) because a Federal court issues
a final order in which the court finds that the requirement of
paragraph (1), or the program established under paragraph (1),
is unconstitutional.
(6) <> Review by comptroller general.--Not
later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a review
of, and publish and report to Congress findings and conclusions
on, the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of--
(A) in the case of small business concerns certified
in each State under paragraph (4) as owned and
controlled by socially and economically disadvantaged
individuals--
(i) the number of the small business concerns;
and
(ii) the participation rates of the small
business concerns in prime contracts and
subcontracts funded under titles I, III, and V of
this Act;
(B) in the case of small business concerns described
in subparagraph (A) that receive prime contracts and
subcontracts funded under titles I, III, and V of this
Act--
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small
business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(C) in the case of small business concerns described
in subparagraph (A) that do not receive prime contracts
and subcontracts funded under titles I, III, and V of
this Act--
(i) the annual gross receipts of the small
business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(D) in the case of business concerns that receive
prime contracts and subcontracts funded under titles I,
III, and
[[Page 112 STAT. 115]]
V of this Act, other than small business concerns
described in subparagraph (B)--
(i) the annual gross receipts of the business
concerns; and
(ii) the net worth of individuals that own and
control the business concerns;
(E) the rate of graduation from any programs carried
out to comply with the requirement of paragraph (1) for
small business concerns owned and controlled by socially
and economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including administrative
costs, certification costs, additional construction
costs, and litigation costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns
owned and controlled by socially and economically
disadvantaged individuals;
(H)(i) any other factors limiting the ability of
small business concerns owned and controlled by socially
and economically disadvantaged individuals to compete
for prime contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those factors are
caused, in whole or in part, by discrimination based on
race, color, national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies
owned and controlled by socially and economically
disadvantaged individuals in public and private
transportation contracting and the financial, credit,
insurance, and bond markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of--
(i) the issuance of a final order described in
paragraph (5) by a Federal court that suspends a
program established under paragraph (1); or
(ii) the repeal or suspension of State or
local disadvantaged business enterprise programs;
and
(K) the impact of the requirement of paragraph (1),
and any program carried out to comply with paragraph
(1), on competition and the creation of jobs, including
the creation of jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING. <>
(a) General Limitation.--Notwithstanding any other provision of law
but subject to subsections (g) and (h), the obligations for Federal-aid
highway and highway safety construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
[[Page 112 STAT. 116]]
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of this Act; and
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount
equal to $639,000,000 per fiscal year.
(c) Distribution of Obligation Authority.--For each of fiscal years
1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the highway
use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection
(a) for such fiscal year less the aggregate of amounts
not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of 1965,
the Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of such
title (relating to minimum guarantee) so that amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined
[[Page 112 STAT. 117]]
under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph
(4) for each of the programs that are allocated by the Secretary
under this Act and title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5) for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee program,
but only to the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed $2,639,000,000,
and the Appalachian development highway system program) that are
apportioned by the Secretary under this Act and title 23, United
States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall after August 1 of each of fiscal
years 1998 through 2003 revise a distribution of the obligation
authority made available under subsection (c) if a State will not
obligate the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year giving priority
to those States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code, under
section 160 of title 23, United States Code (as in effect on the day
before the date of enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-1945).
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--Obligation limitations imposed by subsection (a)
shall apply to transportation research programs carried out under
chapter 3 of title 23, United States Code, and under title VI of this
Act.
(f) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation authority under
subsection (c) for each of fiscal years 1998 through 2003, the Secretary
shall distribute to the States any funds (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highway programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and chapter 4 of title 23, United States Code, and
(2) that the Secretary determines will not be allocated to the States,
and will not be available for obligation, in such fiscal year due to the
imposition of any
[[Page 112 STAT. 118]]
obligation limitation for such fiscal year. Such distribution to the
States shall be made in the same ratio as the distribution of obligation
authority under subsection (c)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of title 23,
United States Code.
(g) Special Rule.--Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by an
amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with this
section.
(i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all
obligations under section 104(a) of title 23, United States Code, shall
not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the minimum
guarantee program under section 105, the Federal lands highway
program under section 204, or the Appalachian development
highway system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to exceed 1\1/2\ percent of
all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law to be
financed from appropriations for the Federal-aid highway
program and programs authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary
[[Page 112 STAT. 119]]
shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title <> is amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States in
the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in each State;
bears to
``(II) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on
highways in each State; bears to
``(II) the total diesel fuel used on
highways in all States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by
dividing the total lane miles on
principal arterial highways in each
State by the total population of the
State; bears to
``(II) the quotient obtained by
dividing the total lane miles on
principal arterial highways in all
States by the total population of all
States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, in the ratio that--
[[Page 112 STAT. 120]]
``(i) the total of all weighted nonattainment
and maintenance area populations in each State;
bears to
``(ii) the total of all weighted nonattainment
and maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a maintenance
area; or
``(II) at the time of the
apportionment, the area is classified as
a submarginal ozone nonattainment area
under the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified as a serious
ozone nonattainment area under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified as a severe
ozone nonattainment area under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a nonattainment or
maintenance area as described in section 149(b)
for ozone, but is classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section
149(b) for carbon monoxide.
``(C) Additional adjustment for carbon monoxide
areas.--
``(i) Carbon monoxide nonattainment areas.--
If, in addition to being classified as a
nonattainment or maintenance area for ozone, the
area was also classified under subpart 3 of part D
of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b)
for carbon monoxide, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If,
in addition to being classified as a nonattainment
or maintenance area for ozone, the area was at one
time also classified under subpart 3 of part D of
title I
[[Page 112 STAT. 121]]
of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a
maintenance area, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph,
the Secretary shall use the latest available annual
estimates prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 40 percent of the apportionments in the
ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 35 percent of the apportionments in
the ratio that--
``(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under this
paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate
System routes open to traffic in each State; bears
to
``(ii) the total of all such lane miles in all
States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on
lanes on Interstate System routes designated
under--
``(I) section 103;
[[Page 112 STAT. 122]]
``(II) section 139(a) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century) before March 9, 1984
(other than routes on toll roads not
subject to a Secretarial agreement under
section 105 of the Federal-Aid Highway
Act of 1978 (92 Stat. 2692)); and
``(III) section 139(c) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles
traveled in all States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual
contributions to the Highway Trust Fund (other
than the Mass Transit Account) attributable to
commercial vehicles; bears to
``(ii) the total of such annual contributions
by all States.
(c) Operation Lifesaver and High Speed Rail Corridors.--Section
104(d) of such title <> is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside $500,000 for
such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of
funds under subsection (b)(3) for a fiscal year, the
Secretary shall set aside $5,250,000 of the funds made
available for the surface transportation program for the
fiscal year for elimination of hazards of railway-
highway crossings.
``(B) Eligible corridors.--Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in--
``(i) 5 railway corridors selected by the
Secretary in accordance with this subsection (as
in effect on the day before the date of enactment
of this clause);
``(ii) 3 railway corridors selected by the
Secretary in accordance with subparagraphs (C) and
(D);
``(iii) a Gulf Coast high speed railway
corridor (as designated by the Secretary);
``(iv) a Keystone high speed railway corridor
from Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from
New York City to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.
[[Page 112 STAT. 123]]
``(D) Considerations in corridor selection.--In
selecting corridors under subparagraph (B), the
Secretary shall consider--
``(i) projected rail ridership volume in each
corridor;
``(ii) the percentage of each corridor over
which a train will be capable of operating at its
maximum cruise speed taking into account such
factors as topography and other traffic on the
line;
``(iii) projected benefits to nonriders such
as congestion relief on other modes of
transportation serving each corridor (including
congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial
support that can reasonably be anticipated for the
improvement of the line and related facilities;
and
``(v) the cooperation of the owner of the
right-of-way that can reasonably be expected in
the operation of high speed rail passenger service
in each corridor.
``(E) Certain improvements.--Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-
Chicago segment of the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is
authorized to be appropriated $15,000,000 for each of
fiscal years 1999 through 2003 to carry out this
subsection.''.
(d) Certification of Apportionments.--Section 104(e) of such title
is amended-- <>
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day of
a fiscal year beginning after September 30, 1998, the Secretary
shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of this
subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of such title
is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such title is
amended to read as follows:
``(h) Recreational Trails Program.--
[[Page 112 STAT. 124]]
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out the
recreational trails program under section 206, the Secretary
shall deduct an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary
may enter into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such title is
amended <> by striking subsection (i) and inserting
the following:
``(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the Office of
Inspector General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with section 3521 of
title 31.''.
(h) Report on Obligations.--Section 104 of such title is amended by
striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to Congress a
report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State by
fiscal year under this section and sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such highways
and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
[[Page 112 STAT. 125]]
``(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of such
title is amended <> by inserting after subsection
(j) the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available under
this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except that
the provisions of this title relating to the non-Federal share
shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available under
chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with this
title, except that the provisions of such chapter relating to
the non-Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as the
funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Section 104 of such title is amended by adding at the end the following:
``(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Notwithstanding any other provision of law, deposits into the Highway
Trust Fund resulting from the application of section 901(e) of the
Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity Act for the
21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
[[Page 112 STAT. 126]]
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first
year'' and inserting ``In general''; and
(II) by striking ``104(b)(2),
104(b)(5), and 104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by
clause (ii)) by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph
(1)''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Withholding of Funds.--No funds withheld under this
section from apportionment to any State after September 30, 1988, shall
be available for apportionment to that State.''.
(3)(A) Section 115(b)(1) of such title is amended <> by striking ``104(b)(5)'' and inserting
``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by striking
``section 104(b)(5)(B) of this title'' and inserting ``section
104(b)(4)''.
(C) Section 141(c) of such title is amended by striking
``section 104(b)(5) of this title'' each place it appears and
inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by striking
``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A) by
striking ``section 104(b)(5)(A)'' each place it
appears and inserting ``section 104(b)(5)(A) (as
in effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century)'';
(II) in paragraph (1)(A)(ii) by striking
``section 104(b)(5)(B)'' and inserting ``section
104(b)(5)(B) (as in effect on the day before the
date of enactment of the Transportation Equity Act
for the 21st Century)'';
(III) in paragraph (3)(B) by striking
``(5)(B)'' and inserting ``(5)(B) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)'';
and
(IV) in paragraphs (3) and (4) by striking
``section 104(b)(5)'' each place it appears and
inserting ``section 104(b)(5) (as in effect on the
day before the date of enactment of the
Transportation Equity Act for the 21st Century)''.
(F) Section 161(a) of such title is amended by striking
``paragraphs (1), (3), and (5)(B) of section 104(b)'' each place
it appears and inserting ``paragraphs (1), (3), and (4) of
section 104(b)''.
(4) Section 142(b) of such title is amended by striking
``paragraph (5) of subsection (b) of section 104 of this title''
and inserting ``section 104(b)(4)''.
(m) <> Adjustments for the Surface
Transportation Extension Act of 1997.--
[[Page 112 STAT. 127]]
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the total
apportionments for a State (other than Massachusetts) for fiscal
year 1998 made under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) shall be reduced
by the amount apportioned to such State (other than
Massachusetts) under section 1003(d)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal year
1998 and adjusted under paragraph (1) shall first be used to
restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required by
paragraph (1), then the Secretary shall make an adjustment to
any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other provision
of law, amounts made available for fiscal year 1998 by the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) for a program that is continued by
both of sections 4, 5, 6, and 7 of the Surface Transportation
Extension Act of 1997 (including amendments made by such
sections) and the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be reduced by the
amount made available by such sections 4, 5, 6, and 7 for such
programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be considered
to be an amount of obligation authority made available for
fiscal year 1998 under section 1102(a) of this Act.
(n) <> State Defined.--For the purposes of
apportioning funds under sections 104, 105, 144, and 206, the term
``State'' means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through 2003, the
Secretary shall allocate among the States amounts sufficient to ensure
that each State's percentage of the total apportionments for such fiscal
year of Interstate maintenance, national highway system, bridge,
congestion mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and recreational
trails programs shall equal the percentage listed for each State in
subsection (b).
[[Page 112 STAT. 128]]
``(b) State Percentages.--The percentage for each State referred to
in subsection (a) shall be determined in accordance with the following
table:
``States: Percentage
Alabama................................................. 2.0269
Alaska.................................................. 1.1915
Arizona................................................. 1.5581
Arkansas................................................ 1.3214
California.............................................. 9.1962
Colorado................................................ 1.1673
Connecticut............................................. 1.5186
Delaware................................................ 0.4424
District of Columbia.................................... 0.3956
Florida................................................. 4.6176
Georgia................................................. 3.5104
Hawaii.................................................. 0.5177
Idaho................................................... 0.7718
Illinois................................................ 3.3819
Indiana................................................. 2.3588
Iowa.................................................... 1.2020
Kansas.................................................. 1.1717
Kentucky................................................ 1.7365
Louisiana............................................... 1.5900
Maine................................................... 0.5263
Maryland................................................ 1.5087
Massachusetts........................................... 1.8638
Michigan................................................ 3.1535
Minnesota............................................... 1.4993
Mississippi............................................. 1.2186
Missouri................................................ 2.3615
Montana................................................. 0.9929
Nebraska................................................ 0.7768
Nevada.................................................. 0.7248
New Hampshire........................................... 0.5163
New Jersey.............................................. 2.5816
New Mexico.............................................. 0.9884
New York................................................ 5.1628
North Carolina.......................................... 2.8298
North Dakota............................................ 0.6553
Ohio.................................................... 3.4257
Oklahoma................................................ 1.5419
Oregon.................................................. 1.2183
Pennsylvania............................................ 4.9887
Rhode Island............................................ 0.5958
South Carolina.......................................... 1.5910
South Dakota............................................ 0.7149
Tennessee............................................... 2.2646
Texas................................................... 7.2131
Utah.................................................... 0.7831
Vermont................................................. 0.4573
Virginia................................................ 2.5627
Washington.............................................. 1.7875
West Virginia........................................... 1.1319
Wisconsin............................................... 1.9916
Wyoming................................................. 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each program
referred to in subsection (a) (other than metropolitan planning,
minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is
equal to the amount determined by multiplying the amount to be
apportioned under this paragraph by the ratio that--
[[Page 112 STAT. 129]]
``(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a
fiscal year; bears to
``(B) the total amount of funds apportioned to all
States for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall apportion
the remainder of funds made available under this section to the
States in accordance with section 104(b)(3); except that
requirements of paragraphs (1), (2), and (3) of section 133(d)
shall not apply to amounts apportioned pursuant to this
paragraph.
``(d) Authorization.--There are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) such sums
as may be necessary to carry out this section for each of fiscal years
1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through 2003,
the amount authorized under subsection (d) is more than 30 percent
higher than the amount authorized under subsection (d) in fiscal year
1998, the Secretary shall use the apportionment factors under sections
104 and 144 as in effect on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the
Secretary, subject to paragraph (2), shall adjust the
percentages in the table in subsection (b) to reflect the
estimated percentage of estimated tax payments attributable to
highway users in each State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal year
for which data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial adjustment.--The
Secretary may make an adjustment under paragraph (1) for a State
for a fiscal year only if the State's return from the Highway
Trust Fund (other than the Mass Transit Account) for the
preceding fiscal year was equal to or less than 90.5 percent.
``(3) Conforming adjustments.--After making any adjustments
under paragraph (1) for a fiscal year, the Secretary shall
adjust the remaining percentages in the table set forth in
subsection (b) to ensure that the total of the percentages in
the table do not exceed 100 percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the Secretary
shall determine whether or not any State's return from the
Highway Trust Fund (other than the Mass Transit Account) is less
than 90.5 percent as a result of such adjustments and shall
adjust the percentages in the table for such fiscal year
accordingly. Adjustments of the percentages in the table under
this paragraph may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 105 and inserting
the following:
``105. Minimum guarantee.''.
[[Page 112 STAT. 130]]
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal year 1999,
and each fiscal year thereafter, the Secretary shall allocate an amount
of funds equal to the amount determined pursuant to section
251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit
Account) for each of the for Federal-aid highway and
highway safety construction programs (other than the
minimum guarantee program) for which funds are allocated
from such Trust Fund by the Secretary under this title
and the Transportation Equity Act for the 21st Century
for a fiscal year, bears to
``(B) the total of all sums authorized to be
appropriated from such Trust Fund for such programs for
such fiscal year;
``(2) multiply the ratio determined under paragraph (1) by
the total amount of funds to be allocated under subsection (a)
for such fiscal year;
``(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that--
``(A) the sums authorized to be appropriated from
such Trust Fund for each of such programs for such
fiscal year, bears to
``(B) the sums authorized to be appropriated from
such Trust Fund for all such programs for such fiscal
year; and
``(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in the
ratio that--
``(A) the total of all funds authorized to be
appropriated from such Trust Fund for Federal-aid
highway and highway safety construction programs that
are apportioned to each State for such fiscal year but
for this section, bears to
``(B) the total of all funds authorized to be
appropriated from such Trust Fund for such programs that
are apportioned to all States for such fiscal year but
for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal year, the
Secretary shall ensure that such funds are apportioned for the
Interstate Maintenance program, the National Highway System program, the
bridge program, the surface transportation program, and the congestion
mitigation air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal year but
for this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section for
fiscal years beginning after September 30, 1998.''.
[[Page 112 STAT. 131]]
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 110 and inserting
the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS. <>
(a) Administration of National Highway System and Interstate
Maintenance Program.--The Secretary shall administer the National
Highway System program and the Interstate Maintenance program as a
combined program for purposes of allowing States maximum flexibility.
References in this Act and title 23, United States Code, shall not be
affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation facilities
depicted on the map submitted by the Secretary to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996. The system shall--
``(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation
facilities and other major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The Interstate System described in subsection
(c).
``(B) Other urban and rural principal arterial
routes.
``(C) Other connector highways (including toll
facilities) that provide motor vehicle access between
arterial routes on the National Highway System and a
major intermodal transportation facility.
``(D) A strategic highway network consisting of a
network of highways that are important to the United
States strategic defense policy and that provide defense
access, continuity, and emergency capabilities for the
movement of personnel, materials, and equipment in both
peacetime and wartime. The highways may be highways on
or off the Interstate System and shall be designated by
the Secretary in consultation with appropriate Federal
agencies and the States.
``(E) Major strategic highway network connectors
consisting of highways that provide motor vehicle access
between major military installations and highways that
are part of the strategic highway network. The highways
shall be designated by the Secretary in consultation
with appropriate Federal agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
[[Page 112 STAT. 132]]
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any
modification, including any modification consisting of a
connector to a major intermodal terminal, to the
National Highway System that is proposed by a State or
that is proposed by a State and revised by the Secretary
if the Secretary determines that the modification--
``(i) meets the criteria established for the
National Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
``(ii) Urbanized areas.--In an urbanized area,
the local officials shall act through the
metropolitan planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by
section 1105 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2031 et seq.) that was not identified on
the National Highway System described in paragraph (1).
``(6) Eligible projects for nhs.--Subject to approval by the
Secretary, funds apportioned to a State under section 104(b)(1)
for the National Highway System may be obligated for any of the
following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the
National Highway System.
``(B) Operational improvements for segments of the
National Highway System.
``(C) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System, and construction of a transit project eligible
for assistance under chapter 53 of title 49, if--
``(i) the highway or transit project is in the
same corridor as, and in proximity to, a fully
access-controlled highway designated as a part of
the National Highway System;
``(ii) the construction or improvements will
improve the level of service on the fully access-
controlled highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or improvements are
more cost-effective than an improvement to the
fully access-controlled highway described in
clause (i).
``(D) Highway safety improvements for segments of
the National Highway System.
``(E) Transportation planning in accordance with
sections 134 and 135.
``(F) Highway research and planning in accordance
with chapter 5.
``(G) Highway-related technology transfer
activities.
[[Page 112 STAT. 133]]
``(H) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
``(L) Development, establishment, and implementation
of management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural
habitat and wetland mitigation efforts related to
projects funded under this title, which may include
participation in natural habitat and wetland mitigation
banks, contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and
regional natural habitat and wetland conservation and
mitigation plans, including any such banks, efforts, and
plans authorized under the Water Resources Development
Act of 1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place
concurrent with or in advance of project construction;
except that contributions in advance of project
construction may occur only if the efforts are
consistent with all applicable requirements of Federal
law (including regulations) and State transportation
planning processes. With respect to participation in a
natural habitat or wetland mitigation effort related to
a project funded under this title that has an impact
that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the
bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605
(November 28, 1995)) or other applicable Federal law
(including regulations).
``(N) Publicly-owned intracity or intercity bus
terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
any project eligible for assistance under section 133,
any airport, and any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in
clause (ii), highways on the Interstate System
shall be designed in accordance with the standards
of section 109(b).
[[Page 112 STAT. 134]]
``(ii) Exception.--Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the
locality of the highway.
``(C) Location.--Highways on the Interstate System
shall be located so as--
``(i) to connect by routes, as direct as
practicable, the principal metropolitan areas,
cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to
connect at suitable border points with routes of
continental importance in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall
be selected by joint action of the State transportation
departments of the State in which the route is located
and the adjoining States, in cooperation with local and
regional officials, and subject to the approval of the
Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all
standards of a highway on the Interstate System and that
the highway is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
route on the Interstate System.
``(B) Designations as future interstate system
routes.--
``(i) In general.--If the Secretary determines
that a highway on the National Highway System
would be a logical addition or connection to the
Interstate System and would qualify for
designation as a route on the Interstate System
under subparagraph (A) if the highway met all
standards of a highway on the Interstate System,
the Secretary may, upon the affirmative
recommendation of the State or States in which the
highway is located, designate the highway as a
future Interstate System route.
``(ii) Written agreement of states.--A
designation under clause (i) shall be made only
upon the written agreement of the State or States
described in such clause that the highway will be
constructed to meet all standards of a highway on
the Interstate System by the date that is 12 years
after the date of the agreement.
``(iii) Removal of designation.--
[[Page 112 STAT. 135]]
``(I) In general.--If the State or
States described in clause (i) have not
substantially completed the construction
of a highway designated under this
subparagraph within the time provided
for in the agreement between the
Secretary and the State or States under
clause (ii), the Secretary shall remove
the designation of the highway as a
future Interstate System route.
``(II) Effect of removal.--Removal
of the designation of a highway under
subclause (I) shall not preclude the
Secretary from designating the highway
as a route on the Interstate System
under subparagraph (A) or under any
other provision of law providing for
addition to the Interstate System.
``(iv) Prohibition on referral as interstate
system route.--No law, rule, regulation, map,
document, or other record of the United States, or
of any State or political subdivision of a State,
shall refer to any highway designated as a future
Interstate System route under this subparagraph,
nor shall any such highway be signed or marked, as
a highway on the Interstate System until such time
as the highway is constructed to the geometric and
construction standards for the Interstate System
and has been designated as a route on the
Interstate System.
``(C) Financial responsibility.--Except as provided
in this title, the designation of a highway under this
paragraph shall create no additional Federal financial
responsibility with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and
approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1)
any amount of funds apportioned to the State under
section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for
the 21st Century), if the amount does not exceed the
Federal share of the costs of construction of segments
of the Interstate System in the State included in the
most recent Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of an
amount under subparagraph (A), the construction on which
the amount is based, as included in the most recent
Interstate System cost estimate, shall not be eligible
for funding under section 104(b)(5)(A) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century) or
118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State under
section 104(b)(1) any amount of surplus funds apportioned to the
State under section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all
[[Page 112 STAT. 136]]
work eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.''.
(b) <> Unobligated Balances of Interstate
Substitute Funds.--Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in effect
on the day before the date of enactment of this Act), shall be available
for obligation by the State under the law (including regulations,
policies, and procedures) relating to the obligation and expenditure of
the funds in effect on that date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ``which has been'' and all that follows
through ``and has not'' and inserting ``which is a public road
and has not''.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is amended
by striking subparagraph (B) and inserting the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts of the
Interstate System under this paragraph shall be treated
in the same manner as segments designated under section
103(c)(4)(A) of title 23, United States Code.''.
(d) Intermodal Freight Connectors Study.-- <>
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review the condition of and improvements made,
since the designation of the National Highway System, to
connectors on the National Highway System that serve
seaports, airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of such
review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service to
an intermodal facility referred to in paragraph (1) and to
facilitate the efficient movement of freight, including
movements of freight between modes.
[[Page 112 STAT. 137]]
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are impediments
to improving the connectors serving intermodal facilities
referred to in paragraph (1), the Secretary shall identify such
impediments and make any appropriate recommendations as part of
the Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(A) routes on the Interstate System designated
under section 103(c)(1) and, in Alaska and Puerto Rico,
under section 103(c)(4)(A);
``(B) routes on the Interstate System designated
before the date of enactment of the Transportation
Equity Act for the 21st Century under subsections (a)
and (b) of section 139 (as in effect on the day before
the date of enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of the
Intermodal Surface Transportation Efficiency Act of
1991.
``(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such road is
subject to a Secretarial agreement provided for in section 129
or continued in effect by section 1012(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated to carry
out this section shall be out of the Highway Trust Fund and
shall be apportioned in accordance with section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--Section
118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000 in
fiscal year 1998 and $100,000,000 in each of fiscal years 1999
through 2003 for obligation by the Secretary for projects for
resurfacing, restoring, rehabilitating, and reconstructing any
route or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate System under
section 139 (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century)) and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on December
17, 1991).
``(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary to
[[Page 112 STAT. 138]]
any State applying for such funds if the Secretary determines
that--
``(A) the State has obligated or demonstrates that
it will obligate in the fiscal year all of its
apportionments under section 104(b)(4) other than an
amount that, by itself, is insufficient to pay the
Federal share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing the
Interstate System that has been submitted by the State
to the Secretary for approval; and
``(B) the applicant is willing and able to--
``(i) obligate the funds within 1 year of the
date the funds are made available;
``(ii) apply the funds to a ready-to-commence
project; and
``(iii) in the case of construction work,
begin work within 90 days after obligation.
``(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of
which exceeds $10,000,000 on any high volume route in an urban
area or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary funds.--Sums
made available pursuant to this subsection shall remain
available until expended.''.
(c) Interstate Needs.-- <>
(1) Study.--The Secretary shall conduct, in cooperation with
States and affected metropolitan planning organizations, a study
to determine--
(A) the expected condition of the Interstate System
over the next 10 years and the needs of States and
metropolitan planning organizations to reconstruct and
improve the Interstate System;
(B) the resources necessary to maintain and improve
the Interstate System; and
(C) the means to ensure that the Nation's surface
transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address any
extraordinary needs.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23, United
States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide intercity
passenger service by bus'';
(3) in paragraph (3)--
[[Page 112 STAT. 139]]
(A) by striking ``and bicycle'' and inserting
``bicycle''; and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks
to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)'';
(4) in paragraph (4) by inserting ``infrastructure'' after
``safety'';
(5) in paragraph (9) by striking ``section 108(f)(1)(A)
(other than clauses (xii) and (xvi)) of the Clean Air Act'' and
inserting ``section 108(f)(1)(A) (other than clause (xvi)) of
the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(ii) by striking ``enhance and create'' and
inserting ``enhance, and create natural habitats
and''; and
(iii) by inserting ``natural habitat and''
before ``wetlands conservation''; and
(B) by adding at the end the following: ``With
respect to participation in a natural habitat or wetland
mitigation effort related to a project funded under this
title that has an impact that occurs within the service
area of a mitigation bank, preference shall be given, to
the maximum extent practicable, to the use of the
mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60
Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation
systems capital improvements.
``(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation
facilities, which projects shall be carried out when the
transportation facilities are undergoing reconstruction,
rehabilitation, resurfacing, or restoration; except that the
expenditure of funds under this section for any such
environmental restoration or pollution abatement project shall
not exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.''.
(b) Transportation Enhancement Activities.--Section 133 of such
title is amended-- <>
(1) in subsection (d)(3)(D) by striking ``any State'' and
all that follows through the period at the end and inserting
``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if the
Secretary'' and all that follows through ``activities'';
and
(B) in paragraph (5) by adding at the end the
following:
``(C) Cost sharing.--
[[Page 112 STAT. 140]]
``(i) Required aggregate non-federal share.--
The average annual non-Federal share of the total
cost of all projects to carry out transportation
enhancement activities in a State for a fiscal
year shall be not less than the non-Federal share
authorized for the State under section 120(b).
``(ii) Innovative financing.--Subject to
clause (i), notwithstanding section 120--
``(I) funds from other Federal
agencies and the value of other
contributions (as determined by the
Secretary) may be credited toward the
non-Federal share of the costs of a
project to carry out a transportation
enhancement activity;
``(II) the non-Federal share for
such a project may be calculated on a
project, multiple-project, or program
basis; and
``(III) the Federal share of the
cost of an individual project to which
subclause (I) or (II) applies may be up
to 100 percent.''.
(c) Program Approval.--Section 133(e) of such title is <> amended by striking paragraph (2) and inserting the
following:
``(2) Program approval.--
``(A) Submission of project agreement.--For each
fiscal year, each State shall submit a project agreement
that--
``(i) <> certifies that
the State will meet all the requirements of this
section; and
``(ii) <> notifies the
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