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[Congressional Record: May 22, 1998 (House)] [Page H3792-H3842] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr22my98-159]
CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY ACT FOR THE
21ST CENTURY
Mr. SHUSTER submitted the following conference report and statement on
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the bill (H.R. 2400) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes:
Conference Report (H. Rept. 105-550)
The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2400), to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation Equity Act for the 21st Century''. (b) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents. Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Apportionments. Sec. 1104. Minimum guarantee. Sec. 1105. Revenue aligned budget authority. Sec. 1106. Federal-aid systems. Sec. 1107. Interstate maintenance program. Sec. 1108. Surface transportation program. Sec. 1109. Highway bridge program. Sec. 1110. Congestion mitigation and air quality improvement program. Sec. 1111. Federal share. Sec. 1112. Recreational trails program. Sec. 1113. Emergency relief. Sec. 1114. Highway use tax evasion projects. Sec. 1115. Federal lands highways program. Sec. 1116. Woodrow Wilson Memorial Bridge. Sec. 1117. Appalachian development highway system. Sec. 1118. National corridor planning and development program. Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions. Sec. 1202. Bicycle transportation and pedestrian walkways. Sec. 1203. Metropolitan planning. Sec. 1204. Statewide planning. Sec. 1205. Contracting for engineering and design services. Sec. 1206. Access of motorcycles. Sec. 1207. Construction of ferry boats and ferry terminal facilities. Sec. 1208. Training. Sec. 1209. Use of HOV lanes by inherently low-emission vehicles. Sec. 1210. Advanced travel forecasting procedures program. Sec. 1211. Amendments to prior surface transportation laws. Sec. 1212. Miscellaneous. Sec. 1213. Studies and reports. Sec. 1214. Federal activities. Sec. 1215. Designated transportation enhancement activities. Sec. 1216. Innovative surface transportation financing methods. Sec. 1217. Eligibility. Sec. 1218. Magnetic levitation transportation technology deployment program. Sec. 1219. National scenic byways program. Sec. 1220. Elimination of regional office responsibilities. Sec. 1221. Transportation and community and system preservation pilot program. Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation. Sec. 1302. Payments to States for construction. Sec. 1303. Proceeds from the sale or lease of real property. Sec. 1304. Engineering cost reimbursement. Sec. 1305. Project approval and oversight. Sec. 1306. Standards. Sec. 1307. Design-build contracting. Sec. 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. Inteligent transportation systems applications. Sec. 3013. Formula grants and loans for special needs of elderly individuals and individuals with disabilities. Sec. 3014. Formula program for other than urbanized areas. Sec. 3015. Research, development, demonstration, and training projects. Sec. 3016. National planning and research programs. Sec. 3017. National transit institute. Sec. 3018. Bus testing facilities. Sec. 3019. Bicycle facilities. Sec. 3020. General provisions on assistance. Sec. 3021. Pilot program for intercity rail infrastructure investment from mass transit account of highway trust fund. Sec. 3022. Contract requirements. Sec. 3023. Special procurements. Sec. 3024. Project management oversight and review. Sec. 3025. Administrative procedures. Sec. 3026. Reports and audits. Sec. 3027. Apportionment of appropriations for formula grants. Sec. 3028. Apportionment of appropriations for fixed guideway modernization. Sec. 3029. Authorizations. Sec. 3030. Projects for new fixed guideway systems and extensions in existing systems. Sec. 3031. Projects for bus and bus-related facilities. Sec. 3032. Contracting out study. Sec. 3033. Urbanized area formula study. Sec. 3034. Coordinated transportation services. Sec. 3035. Final assembly of buses. Sec. 3036. Clean fuel vehicles. Sec. 3037. Job access and reverse commute grants. Sec. 3038. Rural transportation accessibility incentive program. Sec. 3039. Study of transit needs in national parks and related public lands. Sec. 3040. Obligation ceiling. Sec. 3041. Adjustment for the Surface Transportation Extension Act of 1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code. Sec. 4002. Statement of purposes. Sec. 4003. State grants. Sec. 4004. Information systems. Sec. 4005. Automobile transporter defined. Sec. 4006. Inspections and reports. Sec. 4007. Waivers, exemptions, and pilot programs. Sec. 4008. Safety regulation. Sec. 4009. Safety fitness. Sec. 4010. Repeal of certain obsolete miscellaneous authorities. Sec. 4011. Commercial vehicle operators. Sec. 4012. Exemption from certain regulations for utility service commercial motor vehicle drivers. Sec. 4013. Participation in international registration plan and international fuel tax agreement. Sec. 4014. Safety performance history of new drivers; limitation on liability. Sec. 4015. Penalties. Sec. 4016. Authority over charter bus transportation. Sec. 4017. Telephone hotline for reporting safety violations. Sec. 4018. Insulin treated diabetes mellitus. Sec. 4019. Performance-based CDL testing. Sec. 4020. Post-accident alcohol testing. Sec. 4021. Driver fatigue. Sec. 4022. Improved flow of driver history pilot program. Sec. 4023. Employee protections. Sec. 4024. Improved interstate school bus safety. Sec. 4025. Truck trailer conspicuity. Sec. 4026. DOT implementation plan. Sec. 4027. Study of adequacy of parking facilities. Sec. 4028. Qualifications of foreign motor carriers. Sec. 4029. Federal motor carrier safety inspectors. Sec. 4030. School transportation safety. Sec. 4031. Designation of New Mexico commercial zone. Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations. Sec. 5002. Obligation ceiling. Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program. Sec. 5102. Surface transportation research. Sec. 5103. Technology deployment. Sec. 5104. Training and education. Sec. 5105. State planning and research. Sec. 5106. International highway transportation outreach program.
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Sec. 5107. Surface transportation-environment cooperative research program. Sec. 5108. Surface transportation research strategic planning. Sec. 5109. Bureau of Transportation Statistics. Sec. 5110. University transportation research. Sec. 5111. Advanced vehicle technologies program. Sec. 5112. Study of future strategic highway research program. Sec. 5113. Commercial remote sensing products and spatial information technologies. Sec. 5114. Sense of Congress on the year 2000 problem. Sec. 5115. International trade traffic. Sec. 5116. University grants. Sec. 5117. Transportation technology innovation and demonstration program. Sec. 5118. Drexel University Intelligent Infrastructure Institute. Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title. Sec. 5202. Findings. Sec. 5203. Goals and purposes. Sec. 5204. General authorities and requirements. Sec. 5205. National ITS program plan. Sec. 5206. National architecture and standards. Sec. 5207. Research and development. Sec. 5208. Intelligent transportation system integration program. Sec. 5209. Commercial vehicle intelligent transportation system infrastructure deployment. Sec. 5210. Use of funds. Sec. 5211. Definitions. Sec. 5212. Project funding. Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose. Sec. 6102. Particulate matter monitoring program. Sec. 6103. Ozone designation requirements. Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title. Sec. 7102. Authorizations of appropriations. Sec. 7103. Improving air bag safety. Sec. 7104. Restrictions on lobbying activities. Sec. 7105. Odometers. Sec. 7106. Miscellaneous amendments. Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail. Sec. 7202. Light density rail line pilot projects. Sec. 7203. Railroad rehabilitation and improvement financing. Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings. Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act. Sec. 7402. Outreach and communications programs. Sec. 7403. Clean Vessel Act funding. Sec. 7404. Boating infrastructure. Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories. Sec. 8102. Conforming the Paygo Scorecard with this Act. Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title. Sec. 8202. Prohibition on establishment of service-connection for disabilities relating to use of tobacco products. Sec. 8203. Twenty percent increase in rates of basic educational assistance under Montgomery GI Bill. Sec. 8204. Increase in assistance amount for specially adapted housing. Sec. 8205. Increase in amount of assistance for automobile and adaptive equipment for certain disabled veterans. Sec. 8206. Increase in aid and attendance rates for veterans eligible for pension. Sec. 8207. Eligibility of certain remarried surviving spouses for reinstatement of dependency and indemnity compensation upon termination of that remarriage. Sec. 8208. Extension of prior revision to offset rule for department of defense special separation benefit program. Sec. 8209. Sense of Congress concerning recovery from tobacco companies of costs of treatment of veterans for tobacco-related illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code. Sec. 9002. Extension of highway-related taxes and trust fund. Sec. 9003. Extension and modification of tax benefits for alcohol fuels. Sec. 9004. Modifications to Highway Trust Fund. Sec. 9005. Provisions relating to Aquatic Resources Trust Fund. Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel. Sec. 9007. Additional qualified expenses available to non-Amtrak States. Sec. 9008. Delay in effective date of new requirement for approved diesel or kerosene terminals. Sec. 9009. Simplified fuel tax refund procedures. Sec. 9010. Election to receive taxable cash compensation in lieu of nontaxable qualified transportation fringe benefits. Sec. 9011. Repeal of National Recreational Trails Trust Fund. Sec. 9012. Identification of limited tax benefits subject to line item veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply: (1) Interstate system.--The term ``Interstate System'' has the meaning such term has under section 101 of title 23, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Interstate maintenance program.--For the Interstate maintenance program under section 119 of title 23, United States Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 for fiscal year 1999, $3,994,524,000 for fiscal year 2000, $4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal year 2002, and $4,217,635,000 for fiscal year 2003. (2) National highway system.--For the National Highway System under section 103 of such title $4,112,480,000 for fiscal year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000 for fiscal year 2000, $4,887,986,000 for fiscal year 2001, $4,967,556,000 for fiscal year 2002, and $5,061,162,000 for fiscal year 2003. (3) Bridge program.--For the bridge program under section 144 of such title $2,941,454,000 for fiscal year 1998, $3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000 for fiscal year 2002, and $3,618,966,000 for fiscal year 2003. (4) Surface transportation program.--For the surface transportation program under section 133 of such title $4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000 for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and $5,904,689,000 for fiscal year 2003. (5) Congestion mitigation and air quality improvement program.--For the congestion mitigation and air quality improvement program under section 149 of such title $1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000 for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and $1,433,996,000 for fiscal year 2003. (6) Appalachian development highway system program.--For the Appalachian development highway system program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years 1999 through 2003. (7) Recreational trails program.--For the recreational trails program under section 206 of such title $30,000,000 for fiscal year 1998, $40,000,000 for fiscal year 1999, and $50,000,000 for each of fiscal years 2000 through 2003. (8) Federal lands highways program.-- (A) Indian reservation roads.--For Indian reservation roads under section 204 of such title $225,000,000 for fiscal year 1998 and $275,000,000 for each of fiscal years 1999 through 2003. (B) Public lands highways.--For public lands highways under section 204 of such title $196,000,000 for fiscal year 1998 and $246,000,000 for each of fiscal years 1999 through 2003. (C) Park roads and parkways.--For park roads and parkways under section 204 of such title $115,000,000 for fiscal year 1998 and $165,000,000 for each of fiscal years 1999 through 2003. (D) Refuge roads.--For refuge roads under section 204 of such title $20,000,000 for each of fiscal years 1999 through 2003. (9) National corridor planning and development and coordinated border infrastructure programs.--For the national corridor planning and development and coordinated border infrastructure programs under sections 1118 and 1119 of this Act $140,000,000 for each of fiscal years 1999 through 2003. (10) Construction of ferry boats and ferry terminal facilities.--For construction of ferry boats and ferry terminal facilities under section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) $30,000,000 for each of fiscal year 1998 and $38,000,000 for each of fiscal years 1999 through 2003. (11) National scenic byways program.--For the national scenic byways program under section 162 of title 23, United States Code, $23,500,000 for each of fiscal years 1998 and 1999, $24,500,000 for each of fiscal years 2000 and 2001, and $25,500,000 for fiscal year 2002, and $26,500,000 for fiscal year 2003. (12) Value pricing pilot program.--For the value pricing pilot program under section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for each of fiscal years 2000 through 2003. (13) High priority projects program.--For the high priority projects program under section 117 of title 23, United States Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for fiscal year 1999, $1,678,410,000 for fiscal year 2000, $1,678,410,000 for fiscal year 2001, $1,771,655,000
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for fiscal year 2002, and $1,771,655,000 for fiscal year 2003. (14) Highway use tax evasion projects.--For highway use tax evasion projects under section 143 of such title $5,000,000 for each of fiscal years 1998 through 2003. (15) Commonwealth of puerto rico highway program.--For the Commonwealth of Puerto Rico highway program under section 1214(r) of this Act $110,000,000 for fiscal years 1998 through 2003. (b) Disadvantaged Business Enterprises.-- (1) General rule.--Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (2) Definitions.--In this subsection, the following definitions apply: (A) Small business concern.--The term ``small business concern'' has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $16,600,000, as adjusted by the Secretary for inflation. (B) Socially and economically disadvantaged individuals.-- The term ``socially and economically disadvantaged individuals'' has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Annual listing of disadvantaged business enterprises.-- Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals. (4) Uniform certification.--The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. (5) Compliance with court orders.--Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act, if the entity or person is prevented, in whole or in part, from complying with paragraph (1) because a Federal court issues a final order in which the court finds that the requirement of paragraph (1), or the program established under paragraph (1), is unconstitutional. (6) Review by comptroller general.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of, and publish and report to Congress findings and conclusions on, the impact throughout the United States of administering the requirement of paragraph (1), including an analysis of-- (A) in the case of small business concerns certified in each State under paragraph (4) as owned and controlled by socially and economically disadvantaged individuals-- (i) the number of the small business concerns; and (ii) the participation rates of the small business concerns in prime contracts and subcontracts funded under titles I, III, and V of this Act; (B) in the case of small business concerns described in subparagraph (A) that receive prime contracts and subcontracts funded under titles I, III, and V of this Act-- (i) the number of the small business concerns; (ii) the annual gross receipts of the small business concerns; and (iii) the net worth of socially and economically disadvantaged individuals that own and control the small business concerns; (C) in the case of small business concerns described in subparagraph (A) that do not receive prime contracts and subcontracts funded under titles I, III, and V of this Act-- (i) the annual gross receipts of the small business concerns; and (ii) the net worth of socially and economically disadvantaged individuals that own and control the small business concerns; (D) in the case of business concerns that receive prime contracts and subcontracts funded under titles I, III, and V of this Act, other than small business concerns described in subparagraph (B)-- (i) the annual gross receipts of the business concerns; and (ii) the net worth of individuals that own and control the business concerns; (E) the rate of graduation from any programs carried out to comply with the requirement of paragraph (1) for small business concerns owned and controlled by socially and economically disadvantaged individuals; (F) the overall cost of administering the requirement of paragraph (1), including administrative costs, certification costs, additional construction costs, and litigation costs; (G) any discrimination on the basis of race, color, national origin, or sex against small business concerns owned and controlled by socially and economically disadvantaged individuals; (H)(i) any other factors limiting the ability of small business concerns owned and controlled by socially and economically disadvantaged individuals to compete for prime contracts and subcontracts funded under titles I, III, and V of this Act; and (ii) the extent to which any of those factors are caused, in whole or in part, by discrimination based on race, color, national origin, or sex; (I) any discrimination, on the basis of race, color, national origin, or sex, against construction companies owned and controlled by socially and economically disadvantaged individuals in public and private transportation contracting and the financial, credit, insurance, and bond markets; (J) the impact on small business concerns owned and controlled by socially and economically disadvantaged individuals of-- (i) the issuance of a final order described in paragraph (5) by a 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. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations-- (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of enactment of this Act; and (8) under section 105 of title 23, United States Code but, for each of fiscal years 1998 through 2007, only in an amount equal to $639,000,000 per fiscal year. (c) Distribution of Obligation Authority.--For each of fiscal years 1998 through 2003, the Secretary shall-- (1) not distribute obligation authority provided by subsection (a) for such fiscal year for amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics; (2) not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary; (3) determine the ratio that-- (A) the obligation authority provided by subsection (a) for such fiscal year less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; (4) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) for section 117 of title 23, United States Code (relating to high priority projects program), section 201 of the Appalachian Regional Development Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995, and $2,000,000,000 for such fiscal year under section 105 of such title (relating to minimum guarantee) so that amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each 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
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(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 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 shall take into account the unobligated balance of any sums deducted under this subsection in prior fiscal years. ``(3) Availability.--The sum deducted under paragraph (1) shall remain available until expended.''. (b) Apportionments.--Section 104(b) of such title is amended to read as follows: ``(b) Apportionments.--On October 1 of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) and the set-aside authorized by subsection (f), shall apportion the remainder of the sums authorized to be appropriated for expenditure on the Interstate and National Highway System program, the congestion mitigation and air quality improvement program, and the surface transportation program for that fiscal year, among the several States in the following manner: ``(1) National highway system component.-- ``(A) In general.--For the National Highway System (excluding funds apportioned under paragraph (4)), $36,400,000 for each fiscal year to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands, $18,800,000 for each of fiscal years 1999 through 2003 for the Alaska Highway, and the remainder apportioned as follows: ``(i) 25 percent in the ratio that--
``(I) the total lane miles of principal arterial routes (excluding Interstate System routes) in each State; bears to ``(II) the total lane miles of principal arterial routes (excluding Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in each State; bears to ``(II) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on highways in each State; bears to ``(II) the total diesel fuel used on highways in all States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by dividing the total lane miles on principal arterial highways in each State by the total population of the State; bears to ``(II) the quotient obtained by dividing the total lane miles on principal arterial highways in all States by the total population of all States.
``(B) Minimum apportionment.--Notwithstanding subparagraph (A) and paragraph (4), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under subparagraph (A) and paragraph (4). ``(2) Congestion mitigation and air quality improvement program.-- ``(A) In general.--For the congestion mitigation and air quality improvement program, in the ratio that-- ``(i) the total of all weighted nonattainment and maintenance area populations in each State; bears to ``(ii) the total of all weighted nonattainment and maintenance area populations in all States. ``(B) Calculation of weighted nonattainment and maintenance area population.--Subject to subparagraph (C), for 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 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
[[Page H3797]]
under clauses (i) through (vi) of subparagraph (B), shall be further multiplied by a factor of 1.1. ``(D) Minimum apportionment.--Notwithstanding any other provision of this paragraph, each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this paragraph. ``(E) Determinations of population.--In determining population figures for the purposes of this paragraph, the Secretary shall use the latest available annual estimates prepared by the Secretary of Commerce. ``(3) Surface transportation program.-- ``(A) In general.--For the surface transportation program, in accordance with the following formula: ``(i) 25 percent of the apportionments in the ratio that--
``(I) the total lane miles of Federal-aid highways in each State; bears to ``(II) the total lane miles of Federal-aid highways in all States.
``(ii) 40 percent of the apportionments in the ratio that--
``(I) the total vehicle miles traveled on lanes on Federal- aid highways in each State; bears to ``(II) the total vehicle miles traveled on lanes on Federal-aid highways in all States.
``(iii) 35 percent of the apportionments in the ratio that--
``(I) the estimated tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available; bears to ``(II) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available.
``(B) Minimum apportionment.--Notwithstanding subparagraph (A), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this paragraph. ``(4) Interstate maintenance component.--For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System-- ``(A) 33\1/3\ percent in the ratio that-- ``(i) the total lane miles on Interstate System routes open to traffic in each State; bears to ``(ii) the total of all such lane miles in all States; ``(B) 33\1/3\ percent in the ratio that-- ``(i) the total vehicle miles traveled on lanes on Interstate System routes designated under--
``(I) section 103; ``(II) section 139(a) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) before March 9, 1984 (other than routes on toll roads not subject to a Secretarial agreement under section 105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692)); and ``(III) section 139(c) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century);
in each State; bears to ``(ii) the total of all such vehicle miles traveled in all States; and ``(C) 33\1/3\ percent in the ratio that-- ``(i) the total of each State's annual contributions to the Highway Trust Fund (other than the Mass Transit Account) attributable to commercial vehicles; bears to ``(ii) the total of such annual contributions by all States. (c) Operation Lifesaver and High Speed Rail Corridors.-- Section 104(d) of such title is amended-- (1) in paragraph (1) by striking ``The'' and all that follows through ``$300,000 for each'' and inserting ``Before making an apportionment under subsection (b)(3) of this section for a fiscal year, the Secretary shall set aside $500,000 for such''; and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) Railway-highway crossing hazard elimination in high speed rail corridors.-- ``(A) In general.--Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,250,000 of the funds made available for the surface transportation program for the fiscal year for elimination of hazards of railway-highway crossings. ``(B) Eligible corridors.--Subject to subparagraph (E), funds made available under subparagraph (A) shall be expended for projects in-- ``(i) 5 railway corridors selected by the Secretary in accordance with this subsection (as in effect on the day before the date of enactment of this clause); ``(ii) 3 railway corridors selected by the Secretary in accordance with subparagraphs (C) and (D); ``(iii) a Gulf Coast high speed railway corridor (as designated by the Secretary); ``(iv) a Keystone high speed railway corridor from Philadelphia to Harrisburg, Pennsylvania; and ``(v) an Empire State railway corridor from New York City to Albany to Buffalo, New York. ``(C) Required inclusion of high speed rail lines.--A corridor selected by the Secretary under subparagraph (B) shall include rail lines where railroad speeds of 90 miles or more per hour are occurring or can reasonably be expected to occur in the future. ``(D) Considerations in corridor selection.--In selecting corridors under subparagraph (B), the Secretary shall consider-- ``(i) projected rail ridership volume in each corridor; ``(ii) the percentage of each corridor over which a train will be capable of operating at its maximum cruise speed taking into account such factors as topography and other traffic on the line; ``(iii) projected benefits to nonriders such as congestion relief on other modes of transportation serving each corridor (including congestion in heavily traveled air passenger corridors); ``(iv) the amount of State and local financial support that can reasonably be anticipated for the improvement of the line and related facilities; and ``(v) the cooperation of the owner of the right-of-way that can reasonably be expected in the operation of high speed rail passenger service in each corridor. ``(E) Certain improvements.--Not less than $250,000 of such set-aside shall be available per fiscal year for eligible improvements to the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor. ``(F) Authorization of appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 1999 through 2003 to carry out this subsection.''. (d) Certification of Apportionments.--Section 104(e) of such title is amended-- (1) by inserting ``Certification of Apportionments.--'' after ``(e)''; (2) by inserting ``(1) In general.--'' before ``On October 1''; (3) by striking the first parenthetical phrase; (4) by striking ``and research'' the first place it appears; (5) by striking the second sentence; (6) by adding at the end the following: ``(2) Notice to states.--If the Secretary has not made an apportionment under section 104, 144, or 157 by the 21st day of a fiscal year beginning after September 30, 1998, the Secretary shall transmit, by such 21st day, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written statement of the reason for not making such apportionment in a timely manner.''; and (7) by indenting paragraph (1) (as designated by paragraph (2) of this subsection) and aligning such paragraph (1) with paragraph (2) of such section (as added by paragraph (6) of this subsection). (e) Metropolitan Planning Set-Aside.--Section 104(f) of such title is amended-- (1) in paragraph (1) by striking ``Interstate construction and Interstate substitute programs'' and inserting ``recreational trails program''; and (2) in paragraph (3) by striking ``120(j) of this title'' and inserting ``120(b)''. (f) Recreational Trails Program.--Section 104(h) of such title is amended to read as follows: ``(h) Recreational Trails Program.-- ``(1) Administrative costs.--Whenever an apportionment is made of the sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct an amount, not to exceed 1\1/2\ percent of the sums authorized, to cover the cost to the Secretary for administration of and research and technical assistance under the recreational trails program and for administration of the National Recreational Trails Advisory Committee. The Secretary may enter into contracts with for- profit organizations or contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations to perform these tasks. ``(2) Apportionment to the states.--After making the deduction authorized by paragraph (1) of this subsection, the Secretary shall apportion the remainder of the sums authorized to be appropriated for expenditure on the recreational trails program for each fiscal year, among the States in the following manner: ``(A) 50 percent of that amount shall be apportioned equally among eligible States. ``(B) 50 percent of that amount shall be apportioned among eligible States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. ``(3) Eligible state defined.--In this section, the term `eligible State' means a State that meets the requirements of section 206(c).''. (g) Audits of Highway Trust Fund.--Section 104 of such title is amended by striking subsection (i) and inserting the following: ``(i) Audits of Highway Trust Fund.--From administrative funds deducted under subsection (a), the Secretary may reimburse the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.''. (h) Report on Obligations.--Section 104 of such title is amended by striking subsection (j) and inserting the following: ``(j) Report to Congress.--The Secretary shall submit to Congress a report for each fiscal year on-- ``(1) the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year; ``(2) the balance, as of the last day of the preceding fiscal year, of the unobligated 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 ``(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:
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``(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; (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.-- (1) In general.--Notwithstanding any other provision of law and subject to section 2(c) of the Surface Transportation Extension Act of 1997, the Secretary shall ensure that the total apportionments for a State (other than Massachusetts) for fiscal year 1998 made under the Transportation Equity Act for the 21st Century (including amendments made by such Act) shall be reduced by the amount apportioned to such State (other than Massachusetts) under section 1003(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991. (2) Repayment of transferred funds.--The Secretary shall ensure that any apportionments made to a State for fiscal year 1998 and adjusted under paragraph (1) shall first be used to restore in accordance with section 3(c) of the Surface Transportation Extension Act of 1997 any funds that a State transferred under section 3 of such Act. (3) Insufficient funds for repayment.--If a State has insufficient funds apportioned in fiscal year 1998 under the Transportation Equity Act for the 21st Century (including amendments made by such Act) to make the adjustment required by paragraph (1), then the Secretary shall make an adjustment to any funds apportioned to such State in fiscal year 1999. (4) Allocated programs.--Notwithstanding any other provision of law, amounts made available for fiscal year 1998 by the Transportation Equity Act for the 21st Century (including amendments made by such Act) for a program that is continued by both of sections 4, 5, 6, and 7 of the Surface Transportation Extension Act of 1997 (including amendments made by such sections) and the Transportation Equity Act for the 21st Century (including amendments made by such Act) shall be reduced by the amount made available by such sections 4, 5, 6, and 7 for such programs. (5) Treatment of STEA obligation authority.--The amount of obligation authority made available under section 2(e) of the Surface Transportation Extension Act of 1997 shall be considered to be an amount of obligation authority made available for fiscal year 1998 under section 1102(a) of this Act. (n) State Defined.--For the purposes of apportioning funds under sections 104, 105, 144, and 206, the term ``State'' means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that each State's percentage of the total apportionments for such fiscal year of Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation, metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs shall equal the percentage listed for each State in subsection (b). ``(b) State Percentages.--The percentage for each State referred to in subsection (a) shall be determined in accordance with the following table:
``States: Percentage Alabama.......................................................2.0269 Alaska........................................................1.1915 Arizona.......................................................1.5581 Arkansas......................................................1.3214 California....................................................9.1962 Colorado......................................................1.1673 Connecticut...................................................1.5186 Delaware......................................................0.4424 District of Columbia..........................................0.3956 Florida.......................................................4.6176 Georgia.......................................................3.5104 Hawaii........................................................0.5177 Idaho.........................................................0.7718 Illinois......................................................3.3819 Indiana.......................................................2.3588 Iowa..........................................................1.2020 Kansas........................................................1.1717 Kentucky......................................................1.7365 Louisiana.....................................................1.5900 Maine.........................................................0.5263 Maryland......................................................1.5087 Massachusetts.................................................1.8638 Michigan......................................................3.1535 Minnesota.....................................................1.4993 Mississippi...................................................1.2186 Missouri......................................................2.3615 Montana.......................................................0.9929 Nebraska......................................................0.7768 Nevada........................................................0.7248 New Hampshire.................................................0.5163 New Jersey....................................................2.5816 New Mexico....................................................0.9884 New York......................................................5.1628 North Carolina................................................2.8298 North Dakota..................................................0.6553 Ohio..........................................................3.4257 Oklahoma......................................................1.5419 Oregon........................................................1.2183 Pennsylvania..................................................4.9887 Rhode Island..................................................0.5958 South Carolina................................................1.5910 South Dakota..................................................0.7149 Tennessee.....................................................2.2646 Texas.........................................................7.2131 Utah..........................................................0.7831 Vermont.......................................................0.4573 Virginia......................................................2.5627 Washington....................................................1.7875 West Virginia.................................................1.1319 Wisconsin.....................................................1.9916 Wyoming.......................................................0.6951 ``(c) Treatment of Funds.-- ``(1) Programmatic distribution.--The Secretary shall apportion 50 percent of the amounts made available under this section that exceed $2,800,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subsection (a) (other than
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metropolitan planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that-- ``(A) the amount of funds apportioned to each State for each program referred to in subsection (a) for a fiscal year; bears to ``(B) the total amount of funds apportioned to all States for such program for such fiscal year. ``(2) Remaining distribution.--The Secretary shall apportion the remainder of funds made available under this section to the States in accordance with section 104(b)(3); except that requirements of paragraphs (1), (2), and (3) of section 133(d) shall not apply to amounts apportioned pursuant to this paragraph. ``(d) Authorization.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for each of fiscal years 1998 through 2003. ``(e) Special Rule.--If in any of fiscal years 1999 through 2003, the amount authorized under subsection (d) is more than 30 percent higher than the amount authorized under subsection (d) in fiscal year 1998, the Secretary shall use the apportionment factors under sections 104 and 144 as in effect on the date of enactment of this section. ``(f) Guarantee of 90.5 Return.-- ``(1) In general.--Before making any apportionment under this title for each of fiscal years 1999 through 2003, the Secretary, subject to paragraph (2), shall adjust the percentages in the table in subsection (b) to reflect the estimated percentage of estimated tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data is available, to ensure that no State's return from such Trust Fund is less than 90.5 percent. ``(2) Eligibility threshold for initial adjustment.--The Secretary may make an adjustment under paragraph (1) for a State for a fiscal year only if the State's return from the 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.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code, is amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal year 1999, and each fiscal year thereafter, the Secretary shall allocate an amount of funds equal to the amount determined pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)). ``(b) General Distribution.--The Secretary shall-- ``(1) determine the ratio that-- ``(A) the sums authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for each of the for Federal-aid highway and highway safety construction programs (other than the minimum guarantee program) for which funds are allocated from such Trust Fund by the Secretary under this title and the Transportation Equity Act for the 21st Century for a fiscal year, bears to ``(B) the total of all sums authorized to be appropriated from such Trust Fund for such programs for such fiscal year; ``(2) multiply the ratio determined under paragraph (1) by the total amount of funds to be allocated under subsection (a) for such fiscal year; ``(3) allocate the amount determined under paragraph (2) among such programs in the ratio that-- ``(A) the sums authorized to be appropriated from such Trust Fund for each of such programs for such fiscal year, bears to ``(B) the sums authorized to be appropriated from such Trust Fund for all such programs for such fiscal year; and ``(4) allocate the remainder of the funds to be allocated under subsection (a) for such fiscal year to the States in the ratio that-- ``(A) the total of all funds authorized to be appropriated from such Trust Fund for Federal-aid highway and highway safety construction programs that are apportioned to each State for such fiscal year but for this section, bears to ``(B) the total of all funds authorized to be appropriated from such Trust Fund for such programs that are apportioned to all States for such fiscal year but for this section. ``(c) State Programmatic Distribution.--Of the funds to be apportioned to each State under subsection (b)(4) for a fiscal year, the Secretary shall ensure that such funds are apportioned for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, and the congestion mitigation air quality improvement program in the same ratio that each State is apportioned funds for such programs for such fiscal year but for this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for fiscal years beginning after September 30, 1998.''. (b) Conforming Amendment.--The analysis for chapter 1 of such title is amended by striking the item relating to section 110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and Interstate Maintenance Program.--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. ``(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--
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``(i) the highway or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; ``(ii) the construction or improvements will improve the level of service on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and ``(iii) the construction or improvements are more cost- effective than an improvement to the fully access-controlled highway described in clause (i). ``(D) Highway safety improvements for segments of the National Highway System. ``(E) Transportation planning in accordance with sections 134 and 135. ``(F) Highway research and planning in accordance with chapter 5. ``(G) Highway-related technology transfer activities. ``(H) Capital and operating costs for traffic monitoring, management, and control facilities and programs. ``(I) Fringe and corridor parking facilities. ``(J) Carpool and vanpool projects. ``(K) Bicycle transportation and pedestrian walkways in accordance with section 217. ``(L) Development, establishment, and implementation of management systems under section 303. ``(M) In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetland mitigation efforts related to projects funded under this title, which may include participation in 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). ``(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.--
``(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 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.''.
[[Page H3801]]
(d) Intermodal Freight Connectors Study.-- (1) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) review the condition of and improvements made, since the designation of the National Highway System, to connectors on the National Highway System that serve seaports, airports, and other intermodal freight transportation facilities; and (B) report to Congress on the results of such review. (2) Review.--In preparing the report, the Secretary shall review the connectors and identify projects carried out on those connectors that were intended to provide and improve service to an intermodal facility referred to in paragraph (1) and to facilitate the efficient movement of freight, including movements of freight between modes. (3) Identification of impediments.--If the Secretary determines on the basis of the review that there are impediments to improving the connectors serving intermodal facilities referred to in paragraph (1), the Secretary shall identify such impediments and make any appropriate recommendations as part of the Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Projects.--The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing-- ``(A) routes on the Interstate System designated under section 103(c)(1) and, in Alaska and Puerto Rico, under section 103(c)(4)(A); ``(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and ``(C) any segments that become part of the Interstate System under section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991. ``(2) Toll roads.--The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation 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 any State applying for such funds if the Secretary determines that-- ``(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(4) other than an amount that, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and ``(B) the applicant is willing and able to-- ``(i) obligate the funds within 1 year of the date the funds are made available; ``(ii) apply the funds to a ready-to-commence project; and ``(iii) in the case of construction work, begin work within 90 days after obligation. ``(3) Priority consideration for certain projects.--In selecting projects to fund under paragraph (1), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. ``(4) Period of availability of discretionary funds.--Sums made available pursuant to this subsection shall remain available until expended.''. (c) Interstate Needs.-- (1) Study.--The Secretary shall conduct, in cooperation with States and affected metropolitan planning organizations, a study to determine-- (A) the expected condition of the Interstate System over the next 10 years and the needs of States and metropolitan planning organizations to reconstruct and improve the Interstate System; (B) the resources necessary to maintain and improve the Interstate System; and (C) the means to ensure that the Nation's surface transportation program can-- (i) address the needs identified in subparagraph (A); and (ii) allow for States to address any extraordinary needs. (2) Report.--Not later than January 1, 2000, the Secretary shall transmit to Congress a report on the results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23, United States Code, is amended-- (1) in paragraph (1) by inserting after ``magnesium acetate'' the following: ``, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions''; (2) in paragraph (2) by striking ``and publicly owned intracity or intercity bus terminals and facilities'' and inserting ``, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus''; (3) in paragraph (3)-- (A) by striking ``and bicycle'' and inserting ``bicycle''; and (B) by inserting before the period at the end the following: ``, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)''; (4) in paragraph (4) by inserting ``infrastructure'' after ``safety''; (5) in paragraph (9) by striking ``section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act'' and inserting ``section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))''; (6) in paragraph (11)-- (A) in the first sentence-- (i) by inserting ``natural habitat and'' after ``participation in'' each place it appears; (ii) by striking ``enhance and create'' and inserting ``enhance, and create natural habitats and''; and (iii) by inserting ``natural habitat and'' before ``wetlands conservation''; and (B) by adding at the end the following: ``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.-- ``(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 Secretary of the amount of obligations needed to carry out the program under this section. ``(B) Request for adjustments of amounts.--Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. ``(C) Effect of approval by the secretary.--Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United
[[Page H3802]]
States to pay surface transportation program funds made available under this title.''. (d) Payments.--Section 133(e)(3)(A) of such title is amended by striking the second sentence. (e) Surface Transportation Program Obligations in Urban Areas.--Section 133 of such title is amended to read as follows: ``(f) Obligation Authority.-- ``(1) In general.--A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under subsection (d) funds apportioned to the State under section 104(b)(3) shall make available during the period of fiscal years 1998 through 2000 and the period of fiscal years 2001 through 2003 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying-- ``(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and ``(B) the ratio that-- ``(i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. ``(2) Joint responsibility.--Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).''. (f) Division of STP Funds for Areas of Less Than 5,000 Population.-- (1) Special rule.--Notwithstanding section 133(c) of title 23, United States Code, and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated under section 133(d)(3)(B) of such title for each of fiscal years 1998 through 2003 may be obligated on roads functionally classified as minor collectors. (2) Suspension.--The Secretary may suspend the application of paragraph (1) if the Secretary determines that paragraph (1) is being used excessively. (g) Encouragement of Use of Youth Conservation or Service Corps.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform appropriate transportation enhancement activities under chapter 1 of title 23, United States Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23, United States Code, is amended in the fourth sentence by inserting before the period at the end the following: ``, and, if a State transfers funds apportioned to the State under this section in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State under this title, the total cost of deficient bridges in such State |
