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[DOCID: f:hr550.105]
From the House Reports Online via GPO Access
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105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT
FOR THE 21ST CENTURY
----------
CONFERENCE REPORT
to accompany
H.R. 2400
May 22, 1998.--Ordered to be printed
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-550
_______________________________________________________________________
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
_______
May 22, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Shuster, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2400]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2400), to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1308. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation upon
termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of
defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies
of costs of treatment of veterans for tobacco-related
illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate
System'' has the meaning such term has under section
101 of title 23, United States Code.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Interstate maintenance program.--For the
Interstate maintenance program under section 119 of
title 23, United States Code, $3,427,341,000 for fiscal
year 1998, $3,957,103,000 for fiscal year 1999,
$3,994,524,000 for fiscal year 2000, $4,073,322,000 for
fiscal year 2001, $4,139,630,000 for fiscal year 2002,
and $4,217,635,000 for fiscal year 2003.
(2) National highway system.--For the National
Highway System under section 103 of such title
$4,112,480,000 for fiscal year 1998, $4,748,523,000 for
fiscal year 1999, $4,793,429,000 for fiscal year 2000,
$4,887,986,000 for fiscal year 2001, $4,967,556,000 for
fiscal year 2002, and $5,061,162,000 for fiscal year
2003.
(3) Bridge program.--For the bridge program under
section 144 of such title $2,941,454,000 for fiscal
year 1998, $3,395,354,000 for fiscal year 1999,
$3,427,472,000 for fiscal year 2000, $3,495,104,000 for
fiscal year 2001, $3,552,016,000 for fiscal year 2002,
and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the
surface transportation program under section 133 of
such title $4,797,620,000 for fiscal year 1998,
$5,539,944,000 for fiscal year 1999, $5,592,333,000 for
fiscal year 2000, $5,702,651,000 for fiscal year 2001,
$5,795,482,000 for fiscal year 2002, and $5,904,689,000
for fiscal year 2003.
(5) Congestion mitigation and air quality
improvement program.--For the congestion mitigation and
air quality improvement program under section 149 of
such title $1,192,619,000 for fiscal year 1998,
$1,345,415,000 for fiscal year 1999, $1,358,138,000 for
fiscal year 2000, $1,384,930,000 for fiscal year 2001,
$1,407,474,000 for fiscal year 2002, and $1,433,996,000
for fiscal year 2003.
(6) Appalachian development highway system
program.--For the Appalachian development highway
system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.)
$450,000,000 for each of fiscal years 1999 through
2003.
(7) Recreational trails program.--For the
recreational trails program under section 206 of such
title $30,000,000 for fiscal year 1998, $40,000,000 for
fiscal year 1999, and $50,000,000 for each of fiscal
years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such
title $225,000,000 for fiscal year 1998 and
$275,000,000 for each of fiscal years 1999
through 2003.
(B) Public lands highways.--For public
lands highways under section 204 of such title
$196,000,000 for fiscal year 1998 and
$246,000,000 for each of fiscal years 1999
through 2003.
(C) Park roads and parkways.--For park
roads and parkways under section 204 of such
title $115,000,000 for fiscal year 1998 and
$165,000,000 for each of fiscal years 1999
through 2003.
(D) Refuge roads.--For refuge roads under
section 204 of such title $20,000,000 for each
of fiscal years 1999 through 2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the
national corridor planning and development and
coordinated border infrastructure programs under
sections 1118 and 1119 of this Act $140,000,000 for
each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005) $30,000,000
for each of fiscal year 1998 and $38,000,000 for each
of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the
national scenic byways program under section 162 of
title 23, United States Code, $23,500,000 for each of
fiscal years 1998 and 1999, $24,500,000 for each of
fiscal years 2000 and 2001,and $25,500,000 for fiscal
year 2002, and $26,500,000 for fiscal year 2003.
(12) Value pricing pilot program.--For the value
pricing pilot program under section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000
for fiscal year 1999, and $11,000,000 for each of
fiscal years 2000 through 2003.
(13) High priority projects program.--For the high
priority projects program under section 117 of title
23, United States Code, $1,025,695,000 for fiscal year
1998, $1,398,675,000 for fiscal year 1999,
$1,678,410,000 for fiscal year 2000, $1,678,410,000 for
fiscal year 2001, $1,771,655,000 for fiscal year 2002,
and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway
use tax evasion projects under section 143 of such
title $5,000,000 for each of fiscal years 1998 through
2003.
(15) Commonwealth of puerto rico highway program.--
For the Commonwealth of Puerto Rico highway program
under section 1214(r) of this Act $110,000,000 for
fiscal years 1998 through 2003.
(b) Disadvantaged Business Enterprises.--
(1) General rule.--Except to the extent that the
Secretary determines otherwise, not less than 10
percent of the amounts made available for any program
under titles I, III, and V of this Act shall be
expended with small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term
``small business concern'' has the meaning such
term has under section 3 of the Small Business
Act (15 U.S.C. 632); except that such term
shall not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or
individuals which has average annual gross
receipts over the preceding 3 fiscal years in
excess of $16,600,000, as adjusted by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and
economically disadvantaged individuals'' has
the meaning such term has under section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated
pursuant thereto; except that women shall be
presumed to be socially and economically
disadvantaged individuals for purposes of this
subsection.
(3) Annual listing of disadvantaged business
enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred
to in paragraph (1) and the location of such concerns
in the State and notify the Secretary, in writing, of
the percentage of such concerns which are controlled by
women, by socially and economically disadvantaged
individuals (other than women), and by individuals who
are women and are otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--The Secretary shall
establish minimum uniform criteria for State
governments to use in certifying whether a concern
qualifies for purposes of this subsection. Such minimum
uniform criteria shall include but not be limited to
on-site visits, personal interviews, licenses, analysis
of stock ownership, listing of equipment,analysis of
bonding capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or
person to receive funds made available under titles I,
III, and V of this Act, if the entity or person is
prevented, in whole or in part, from complying with
paragraph (1) because a Federal court issues a final
order in which the court finds that the requirement of
paragraph (1), or the program established under
paragraph (1), is unconstitutional.
(6) Review by comptroller general.--Not later than
3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct
a review of, and publish and report to Congress
findings and conclusions on, the impact throughout the
United States of administering the requirement of
paragraph (1), including an analysis of--
(A) in the case of small business concerns
certified in each State under paragraph (4) as
owned and controlled by socially and
economically disadvantaged individuals--
(i) the number of the small
business concerns; and
(ii) the participation rates of the
small business concerns in prime
contracts and subcontracts funded under
titles I, III, and V of this Act;
(B) in the case of small business concerns
described in subparagraph (A) that receive
prime contracts and subcontracts funded under
titles I, III, and V of this Act--
(i) the number of the small
business concerns;
(ii) the annual gross receipts of
the small business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(C) in the case of small business concerns
described in subparagraph (A) that do not
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act--
(i) the annual gross receipts of
the small business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals
that own and control the small business
concerns;
(D) in the case of business concerns that
receive prime contracts and subcontracts funded
under titles I, III, and V of this Act, other
than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of
the business concerns; and
(ii) the net worth of individuals
that own and control the business
concerns;
(E) the rate of graduation from any
programs carried out to comply with the
requirement of paragraph (1) for small business
concerns owned and controlled by socially and
economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including
administrative costs, certification costs,
additional construction costs, and litigation
costs;
(G) any discrimination on the basis of
race, color, national origin, or sex against
small business concerns owned and controlled by
socially and economically disadvantaged
individuals;
(H)(i) any other factors limiting the
ability of small business concerns owned and
controlled by socially and economically
disadvantaged individuals to compete for prime
contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those
factors are caused, in whole or in part, by
discrimination based on race, color, national
origin, or sex;
(I) any discrimination, on the basis of
race, color, national origin, or sex, against
construction companies owned and controlled by
socially and economically disadvantaged
individuals in public and private
transportation contracting and the financial,
credit, insurance, and bond markets;
(J) the impact on small business concerns
owned and controlled by socially and
economically disadvantaged individuals of--
(i) the issuance of a final order
described in paragraph (5) by a
Federalcourt that suspends a program established under paragraph (1);
or
(ii) the repeal or suspension of
State or local disadvantaged business
enterprise programs; and
(K) the impact of the requirement of
paragraph (1), and any program carried out to
comply with paragraph (1), on competition and
the creation of jobs, including the creation of
jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other
provision of law but subject to subsections (g) and (h), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations--
(1) under section 125 of title 23, United States
Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act
of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of
1987;
(6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991;
(7) under section 157 of title 23, United States
Code, as in effect on the day before the date of
enactment of this Act; and
(8) under section 105 of title 23, United States
Code but, for each of fiscal years 1998 through 2007,
only in an amount equal to $639,000,000 per fiscal
year.
(c) Distribution of Obligation Authority.--For each of
fiscal years 1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts
authorized for administrative expenses and programs
funded from the administrative takedown authorized by
section 104(a) of title 23, United States Code, and
amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) not distribute an amount of obligation
authority provided by subsection (a) that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highway and highway safety
programs for previous fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by
subsection (a) for such fiscal year less the
aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through
(7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(8)) for such
fiscal year less the aggregate of the amounts
not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) for section
117 of title 23, United States Code (relating to high
priority projects program), section 201 of the
Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995,
and $2,000,000,000 for such fiscal year under section
105 of such title (relating to minimum guarantee) so
that amount of obligation authority available for each
of such sections is equal to the amount determined by
multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for such section
(except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each ofthe programs
that are allocated by the Secretary under this Act and title 23, United
States Code (other than activities to which paragraph (1) applies and
programs to which paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-
aid highway and highway safety construction programs
(other than the minimum guarantee program, but only to
the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after
August 1 of each of fiscal years 1998 through 2003 revise a
distribution of the obligation authority made available under
subsection (c) if a State will not obligate the amount
distributed during that fiscal year and redistribute sufficient
amounts to those States able to obligate amounts in addition to
those previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, under section 160 of title 23, United
States Code (as in effect on the day before the date of
enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-
1945).
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23,
United States Code, and under title VI of this Act.
(f) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
authority under subsection (c) for each of fiscal years 1998
through 2003, the Secretaryshall distribute to the States any
funds (1) that are authorized to be appropriated for such fiscal year
for Federal-aid highway programs (other than the program under section
160 of title 23, United States Code) and for carrying out subchapter I
of chapter 311 of title 49, United States Code, and chapter 4 of title
23, United States Code, and (2) that the Secretary determines will not
be allocated to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any obligation limitation
for such fiscal year. Such distribution to the States shall be made in
the same ratio as the distribution of obligation authority under
subsection (c)(6). The funds so distributed shall be available for any
purposes described in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for a section set forth in
subsection (c)(4) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be increased by an amount equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such
increase shall be distributed in accordance with this section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is
made of the sums made available for expenditure on each
of the surface transportation program under section
133, the bridge program under section 144, the
congestion mitigation and air quality improvement
program under section 149, theInterstate and National
Highway System program under section 103, the minimum guarantee program
under section 105, the Federal lands highway program under section 204,
or the Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.),
the Secretary shall deduct a sum, in an amount not to exceed 1\1/2\
percent of all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law
to be financed from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
``(2) Consideration of unobligated balances.--In
making the determination described in paragraph (1),
the Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.
``(3) Availability.--The sum deducted under
paragraph (1) shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title is
amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-aside authorized by subsection (f),
shall apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the congestion mitigation and air
quality improvement program, and the surface transportation
program for that fiscal year, among the several States in the
following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), $36,400,000 for each fiscal
year to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and
the remainder apportioned as follows:
``(i) 25 percent in the ratio
that--
``(I) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total lane miles
of principal arterial routes
(excluding Interstate System
routes) in all States.
``(ii) 35 percent in the ratio
that--
``(I) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle
miles traveled on lanes on
principal arterial routes
(excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio
that--
``(I) the total diesel fuel
used on highways in each State;
bears to
``(II) the total diesel
fuel used on highways in all
States.
``(iv) 10 percent in the ratio
that--
``(I) the quotient obtained
by dividing the total lane
miles on principal arterial
highways in each State by the
total population of the State;
bears to
``(II) the quotient
obtained by dividing the total
lane miles on principal
arterial highways in all States
by the total population of all
States.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A) and paragraph
(4), each State shall receive a minimum of \1/
2\ of 1 percent of the funds apportioned under
subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality
improvement program.--
``(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
``(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
``(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
``(B) Calculation of weighted nonattainment
and maintenance area population.--Subject to
subparagraph (C), for thepurpose of
subparagraph (A), the weighted nonattainment and maintenance area
population shall be calculated by multiplying the population of each
area in a State that was a nonattainment area or maintenance area as
described in section 149(b) for ozone or carbon monoxide by a factor
of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a
maintenance area; or
``(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
the Clean Air Act (42 U.S.C.
7401 et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide.
``(C) Additional adjustment for carbon
monoxide areas.--
``(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was also classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
``(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time also classified under
subpart 3 of part D of title I of such
Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--
Notwithstanding any other provision of this
paragraph, each State shall receive a minimum
of \1/2\ of 1 percent of the funds apportioned
under this paragraph.
``(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface
transportation program, in accordance with the
following formula:
``(i) 25 percent of the
apportionments in the ratio that--
``(I) the total lane miles
of Federal-aid highways in each
State; bears to
``(II) the total lane miles
of Federal-aid highways in all
States.
``(ii) 40 percent of the
apportionments in the ratio that--
``(I) the total vehicle
miles traveled on lanes on
Federal-aid highways in each
State; bears to
``(II) the total vehicle
miles traveled on lanes on
Federal-aid highways in all
States.
``(iii) 35 percent of the
apportionments in the ratio that--
``(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
``(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
``(B) Minimum apportionment.--
Notwithstanding subparagraph (A), each State
shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.
``(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
``(ii) the total of all such lane
miles in all States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles
traveled on lanes on Interstate System
routes designated under--
``(I) section 103;
``(II) section 139(a) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century) before March
9, 1984 (other than routes on
toll roads not subject to a
Secretarial agreement under
section 105 of the Federal-Aid
Highway Act of 1978 (92 Stat.
2692)); and
``(III) section 139(c) (as
in effect on the day before the
date of enactment of the
Transportation Equity Act for
the 21st Century);
in each State; bears to
``(ii) the total of all such
vehicle miles traveled in all States;
and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's
annual contributions to the Highway
Trust Fund (other than the Mass Transit
Account) attributable to commercial
vehicles; bears to
``(ii) the total of such annual
contributions by all States.''.
(c) Operation Lifesaver and High Speed Rail
Corridors.--Section 104(d) of such title is amended--
(1) in paragraph (1) by striking ``The'' and all
that follows through ``$300,000 for each'' and
inserting ``Before making an apportionment under
subsection (b)(3) of this section for a fiscal year,
the Secretary shall set aside $500,000 for such''; and
(2) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Railway-highway crossing hazard elimination
in high speed rail corridors.--
``(A) In general.--Before making an
apportionment of funds under subsection
(b)(3)for a fiscal year, the Secretary shall set aside $5,250,000 of
the funds made available for the surface transportation program for the
fiscal year for elimination of hazards of railway-highway crossings.
``(B) Eligible corridors.--Subject to
subparagraph (E), funds made available under
subparagraph (A) shall be expended for projects
in--
``(i) 5 railway corridors selected
by the Secretary in accordance with
this subsection (as in effect on the
day before the date of enactment of
this clause);
``(ii) 3 railway corridors selected
by the Secretary in accordance with
subparagraphs (C) and (D);
``(iii) a Gulf Coast high speed
railway corridor (as designated by the
Secretary);
``(iv) a Keystone high speed
railway corridor from Philadelphia to
Harrisburg, Pennsylvania; and
``(v) an Empire State railway
corridor from New York City to Albany
to Buffalo, New York.
``(C) Required inclusion of high speed rail
lines.--A corridor selected by the Secretary
under subparagraph (B) shall include rail lines
where railroad speeds of 90 miles or more per
hour are occurring or can reasonably be
expected to occur in the future.
``(D) Considerations in corridor
selection.--In selecting corridors under
subparagraph (B), the Secretary shall
consider--
``(i) projected rail ridership volume
in each corridor;
``(ii) the percentage of each
corridor over which a train will be
capable of operating at its maximum
cruise speed taking into account such
factors as topography and other traffic
on the line;
``(iii) projected benefits to
nonriders such as congestion relief on
other modes of transportation serving
each corridor (including congestion in
heavily traveled air passenger
corridors);
``(iv) the amount of State and local
financial support that can reasonably
be anticipated for the improvement of
the line and related facilities; and
``(v) the cooperation of the owner of
the right-of-way that can reasonably be
expected in the operation of high speed
rail passenger service in each
corridor.
``(E) Certain improvements.--Not less than
$250,000 of such set-aside shall be available
per fiscal year for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There
is authorized to be appropriated $15,000,000
for each of fiscal years 1999 through 2003 to
carry out this subsection.''.
(d) Certification of Apportionments.--Section 104(e) of
such title is amended--
(1) by inserting ``Certification of
Apportionments.--'' after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On
October 1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not
made an apportionment under section 104, 144, or 157 by
the 21st day of a fiscal year beginning after September
30, 1998, the Secretary shall transmit, by such 21st
day, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a written statement of the reason for not making such
apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by
paragraph (2) of this subsection) and aligning such
paragraph (1) with paragraph (2) of such section (as
added by paragraph (6) of this subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of
such title is amended--
(1) in paragraph (1) by striking ``Interstate
construction and Interstate substitute programs'' and
inserting ``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this
title'' and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such
title is amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an
apportionment is made of the sums authorized to be
appropriated to carry out the recreational trails
program under section 206, the Secretary shall deduct
an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance
under the recreational trails program and for
administration of the National Recreational Trails
Advisory Committee. The Secretary may enter into
contracts with for-profit organizations or contracts,
partnerships, or cooperative agreements with other
government agencies, institutions of higher learning,
or nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making
the deduction authorized by paragraph (1) of this
subsection, the Secretary shall apportion the remainder
of the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year, among the States in the following manner:
``(A) 50 percent of that amount shall be
apportioned equally among eligible States.
``(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
``(3) Eligible state defined.--In this section, the
term `eligible State' means a State that meets the
requirements of section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such
title is amended by striking subsection (i) and inserting the
following:
``(i) Audits of Highway Trust Fund.--From administrative
funds deducted under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department of
Transportation for the conduct of annual audits of financial
statements in accordance with section 3521 of title 31.''.
(h) Report on Obligations.--Section 104 of such title is
amended by striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
``(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
``(2) the balance, as of the last day of the
preceding fiscal year, of the unobligated
apportionmentof each State by fiscal year under this section and
sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned
or set aside under this section and sections 105, 133,
and 144, according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of
such title is amended by inserting after subsection (j) the
following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made
available under this title and transferred for transit
projects of a type described in section 133(b)(2) shall
be administered by the Secretary in accordance with
chapter 53 of title 49, except that the provisions of
this title relating to the non-Federal share shall
apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made
available under chapter 53 of title 49 and transferred
for highway projects shall be administered by the
Secretary in accordance with this title, except that
the provisions of such chapter relating to the non-
Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs
(1) and (2) shall be transferred in the same manner and
amount as the funds for the projects are
transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Section 104 of such title is amended by adding at the
end the following:
``(l) Effect of Certain Delay in Deposits Into Highway
Trust Fund.--Notwithstanding any other provision of law,
deposits into the Highway Trust Fund resulting from the
application of section 901(e) of the Taxpayer Relief Act of
1997 (111 Stat. 872) shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive underthe Transportation Equity Act
for the 21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is
amended--
(1) by striking ``(f)(1) On'' and inserting the
following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that''
and all that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the
following:
``(2) Apportionment to states of set-aside funds.--
These'';
(4) by striking ``(3) The'' and inserting the
following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the
following:
``(4) Distribution of funds within states.--The'';
and
(6) by aligning the remainder of the text of each
of paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the
first sentence by striking ``, 104(b)(2), and
104(b)(6)'' and inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively;
(iii) in paragraph (1) (as so
redesignated)--
(I) by striking ``After the
first year'' and inserting ``In
general''; and
(II) by striking
``104(b)(2), 104(b)(5), and
104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)'';
and
(iv) in paragraph (2) (as
redesignated by clause (ii)) by
striking ``paragraphs (1) and (2) of
this subsection'' and inserting
``paragraph (1)''; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment toany State after
September 30, 1988, shall be available for apportionment to that
State.''.
(3)(A) Section 115(b)(1) of such title is amended
by striking ``104(b)(5)'' and inserting ``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by
striking ``section 104(b)(5)(B) of this title'' and
inserting ``section 104(b)(4)''.
(C) Section 141(c) of such title is amended by
striking ``section 104(b)(5) of this title'' each place
it appears and inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by
striking ``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it
appears and inserting ``(5) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)
of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and
(3)(A) by striking ``section
104(b)(5)(A)'' each place it appears
and inserting ``section 104(b)(5)(A)
(as in effect on the day before the
date of enactment of the Transportation
Equity Act for the 21st Century)'';
(II) in paragraph (1)(A)(ii) by
striking ``section 104(b)(5)(B)'' and
inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of
enactment of the Transportation Equity
Act for the 21st Century)'';
(III) in paragraph (3)(B) by
striking ``(5)(B)'' and inserting
``(5)(B) (as in effect on the day
before the date of enactment of the
Transportation Equity Act for the 21st
Century)''; and
(IV) in paragraphs (3) and (4) by
striking ``section 104(b)(5)'' each
place it appears and inserting
``section 104(b)(5) (as in effect on
the day before the date of enactment of
the Transportation Equity Act for the
21st Century)''.
(F) Section 161(a) of such title is amended by
striking ``paragraphs (1), (3), and (5)(B) of section
104(b)'' each place it appears and inserting
``paragraphs (1), (3), and (4) of section 104(b)''.
(4) Section 142(b) of such title is amended by
striking ``paragraph (5) of subsection (b) of section
104 of this title'' and inserting ``section
104(b)(4)''.
(m) Adjustments for the Surface Transportation Extension
Act of 1997.--
(1) In general.--Notwithstanding any other
provision of law and subject to section 2(c) of the
Surface Transportation Extension Act of 1997, the
Secretary shall ensure that the total apportionments
for a State (other than Massachusetts) for fiscal year
1998 made under the Transportation Equity Act for the
21st Century (including amendments made by such Act)
shall be reduced by the amount apportioned to such
State (other than Massachusetts) under section
1003(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary
shall ensure that any apportionments made to a State
for fiscal year 1998 and adjusted under paragraph (1)
shall first be used to restore in accordance with
section 3(c) of the Surface Transportation Extension
Act of 1997 any funds that a State transferred under
section 3 of such Act.
(3) Insufficient funds for repayment.--If a State
has insufficient funds apportioned in fiscal year 1998
under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) to make
the adjustment required by paragraph (1), then the
Secretary shall make an adjustment to any funds
apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other
provision of law, amounts made available for fiscal
year 1998 by the Transportation Equity Act for the 21st
Century (including amendments made by such Act) for a
program that is continued by both of sections 4, 5, 6,
and 7 of the Surface Transportation Extension Act of
1997 (including amendments made by such sections) and
the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be
reduced by the amount made available by such sections
4, 5, 6, and 7 for such programs.
(5) Treatment of STEA obligation authority.--The
amount of obligation authority made available under
section 2(e) of the Surface Transportation Extension
Act of 1997 shall be considered to be an amount of
obligation authority made available for fiscal year
1998 under section 1102(a) of this Act.
(n) State Defined.--For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ``State'' means
any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the total
apportionments for such fiscal year of Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation, metropolitan
planning, minimum guarantee, high priority projects,
Appalachian development highway system, and recreational trails
programs shall equal the percentage listed for each State in
subsection (b).
``(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
``States: Percentage
Alabama................................................... 2.0269
Alaska.................................................... 1.1915
Arizona................................................... 1.5581
Arkansas.................................................. 1.3214
California................................................ 9.1962
Colorado.................................................. 1.1673
Connecticut............................................... 1.5186
Delaware.................................................. 0.4424
District of Columbia...................................... 0.3956
Florida................................................... 4.6176
Georgia................................................... 3.5104
Hawaii.................................................... 0.5177
Idaho..................................................... 0.7718
Illinois.................................................. 3.3819
Indiana................................................... 2.3588
Iowa...................................................... 1.2020
Kansas.................................................... 1.1717
Kentucky.................................................. 1.7365
Louisiana................................................. 1.5900
Maine..................................................... 0.5263
Maryland.................................................. 1.5087
Massachusetts............................................. 1.8638
Michigan.................................................. 3.1535
Minnesota................................................. 1.4993
Mississippi............................................... 1.2186
Missouri.................................................. 2.3615
Montana................................................... 0.9929
Nebraska.................................................. 0.7768
Nevada.................................................... 0.7248
New Hampshire............................................. 0.5163
New Jersey................................................ 2.5816
New Mexico................................................ 0.9884
New York.................................................. 5.1628
North Carolina............................................ 2.8298
North Dakota.............................................. 0.6553
Ohio...................................................... 3.4257
Oklahoma.................................................. 1.5419
Oregon.................................................... 1.2183
Pennsylvania.............................................. 4.9887
Rhode Island.............................................. 0.5958
South Carolina............................................ 1.5910
South Dakota.............................................. 0.7149
Tennessee................................................. 2.2646
Texas..................................................... 7.2131
Utah...................................................... 0.7831
Vermont................................................... 0.4573
Virginia.................................................. 2.5627
Washington................................................ 1.7875
West Virginia............................................. 1.1319
Wisconsin................................................. 1.9916
Wyoming................................................... 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary
shall apportion 50 percent of the amounts made
available under this section that exceed$2,800,000,000
so that the amount apportioned to each State under this paragraph for
each program referred to in subsection (a) (other than metropolitan
planning, minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is equal
to the amount determined by multiplying the amount to be apportioned
under this paragraph by the ratio that--
``(A) the amount of funds apportioned to
each State for each program referred to in
subsection (a) for a fiscal year; bears to
``(B) the total amount of funds apportioned
to all States for such program for such fiscal
year.
``(2) Remaining distribution.--The Secretary shall
apportion the remainder of funds made available under
this section to the States in accordance with section
104(b)(3); except that requirements of paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned pursuant to this paragraph.
``(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out
this section for each of fiscal years 1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment
under this title for each of fiscal years 1999 through
2003, the Secretary, subject to paragraph (2), shall
adjust the percentages in the table in subsection (b)
to reflect the estimated percentage of estimated tax
payments attributable to highway users in each State
paid into the Highway Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for which
data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial
adjustment.--The Secretary may make an adjustment under
paragraph (1) for a State for a fiscal year only if the
State's return from the HighwayTrust Fund (other than
the Mass Transit Account) for the preceding fiscal year was equal to or
less than 90.5 percent.
``(3) Conforming adjustments.--After making any
adjustments under paragraph (1) for a fiscal year, the
Secretary shall adjust the remaining percentages in the
table set forth in subsection (b) to ensure that the
total of the percentages in the table do not exceed 100
percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's
return from the Highway Trust Fund (other than the Mass
Transit Account) is less than 90.5 percent as a result
of such adjustments and shall adjust the percentages in
the table for such fiscal year accordingly. Adjustments
of the percentages in the table under this paragraph
may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
105 and inserting the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal
year 1999, and each fiscal year thereafter, the Secretary shall
allocate an amount of funds equal to the amount determined
pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) for each of the
for Federal-aid highway and highway safety
construction programs (other than the minimum
guarantee program) for which funds are
allocated from such Trust Fund by the Secretary
under this title and the Transportation Equity
Act for the 21st Century for a fiscal year,
bears to
``(B) the total of all sums authorized to
be appropriated from such Trust Fund for such
programs for such fiscal year;
``(2) multiply the ratio determined under paragraph
(1) by the total amount of funds to be allocated under
subsection (a) for such fiscal year;
``(3) allocate the amount determined under
paragraph (2) among such programs in the ratio that--
``(A) the sums authorized to be
appropriated from such Trust Fund for each of
such programs for such fiscal year, bears to
``(B) the sums authorized to be
appropriated from such Trust Fund for all such
programs for such fiscal year; and
``(4) allocate the remainder of the funds to be
allocated under subsection (a) for such fiscal year to
the States in the ratio that--
``(A) the total of all funds authorized to
be appropriated from such Trust Fund for
Federal-aid highway and highway safety
construction programs that are apportioned to
each State for such fiscal year but for this
section, bears to
``(B) the total of all funds authorized to
be appropriated from such Trust Fund for such
programs that are apportioned to all States for
such fiscal year but for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are
apportioned for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, and the congestion mitigation
air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal
year but for this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to carry out this section for fiscal years beginning
after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and
Interstate Maintenance Program.--TheSecretary shall administer
the National Highway System program and the Interstate Maintenance
program as a combined program for purposes of allowing States maximum
flexibility. References in this Act and title 23, United States Code,
shall not be affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United
States Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the National
Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities depicted on the map submitted
by the Secretary to Congress with the report entitled
`Pulling Together: The National Highway System and its
Connections to Major Intermodal Terminals' and dated
May 24, 1996. The system shall--
``(A) serve major population centers,
international border crossings, ports,
airports, public transportation facilities, and
other intermodal transportation facilities and
other major travel destinations;
``(B) meet national defense requirements;
and
``(C) serve interstate and interregional
travel.
``(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
``(A) The Interstate System described in
subsection (c).
``(B) Other urban and rural principal
arterial routes.
``(C) Other connector highways (including
toll facilities) that provide motor vehicle
access between arterial routes on the National
Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network
consisting of a network of highways that are
important to the United States strategic
defense policy and that provide defense access,
continuity, and emergency capabilities for the
movement of personnel, materials, and equipment
in both peacetime and wartime. The highways may
be highways on or off the Interstate System and
shall be designated by the Secretary in
consultation with appropriate Federal agencies
and the States.
``(E) Major strategic highway network
connectors consisting of highways that provide
motor vehicle access between major military
installations and highways that are part of the
strategic highway network. The highways shall
be designated by the Secretary in consultation
with appropriate Federal agencies and the
States.
``(3) Maximum mileage.--The mileage of highways on
the National Highway System shall not exceed 178,250
miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make
any modification, including any modification
consisting of a connector to a major intermodal
terminal, to the National Highway System that
is proposed by a State or that is proposed by a
State and revised by the Secretary if the
Secretary determines that the modification--
``(i) meets the criteria
established for the National Highway
System under this title; and
``(ii) enhances the national
transportation characteristics of the
National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a
modification under this paragraph, a
State shall cooperate with local and
regional officials.
``(ii) Urbanized areas.--In an
urbanized area, the local officials
shall act through the metropolitan
planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon
the completion of feasibility studies, the Secretary
shall add to the National Highway System any
congressional high priority corridor or any segment of
such a corridor established by section 1105 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031 et seq.) that was not identified
on the National Highway System described in paragraph
(1).
``(6) Eligible projects for nhs.--Subject to
approval by the Secretary, funds apportioned to a State
under section 104(b)(1) for the National Highway System
may be obligated for any of the following:
``(A) Construction, reconstruction,
resurfacing, restoration, and rehabilitation of
segments of the National Highway System.
``(B) Operational improvements for segments
of the National Highway System.
``(C) Construction of, and operational
improvements for, a Federal-aid highway not on
the National Highway System, and construction
of a transit project eligible for assistance
under chapter 53 of title 49, if--
``(i) the highway or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
``(ii) the construction or
improvements will improve the level of
service on the fully access-controlled
highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or
improvements are more cost-effective
than an improvement to the fully
access-controlled highway described in
clause (i).
``(D) Highway safety improvements for
segments of the National Highway System.
``(E) Transportation planning in accordance
with sections 134 and 135.
``(F) Highway research and planning in
accordance with chapter 5.
``(G) Highway-related technology transfer
activities.
``(H) Capital and operating costs for
traffic monitoring, management, and control
facilities and programs.
``(I) Fringe and corridor parking
facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian
walkways in accordance with section 217.
``(L) Development, establishment, and
implementation of management systems under
section 303.
``(M) In accordance with all applicable
Federal law (including regulations),
participation in natural habitat and wetland
mitigation efforts related to projects funded
under this title, which may include
participation in naturalhabitat and wetland
mitigation banks, contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and wetland,
and development of statewide and regional natural habitat and wetland
conservation and mitigation plans, including any such banks, efforts,
and plans authorized under the Water Resources Development Act of 1990
(Public Law 101-640) (including crediting provisions). Contributions to
the mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction; except
that contributions in advance of project construction may occur only if
the efforts are consistent with all applicable requirements of Federal
law (including regulations) and State transportation planning
processes. With respect to participation in a natural habitat or
wetland mitigation effort related to a project funded under this title
that has an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent practicable, to
the use of the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is approved in
accordance with the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995))
or other applicable Federal law (including regulations).
``(N) Publicly-owned intracity or intercity
bus terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, any project eligible for
assistance under section 133, any airport, and
any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower
National System of Interstate and Defense
Highways within the United States (including
the District of Columbia and Puerto Rico)
consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as
provided in clause (ii), highways on
the Interstate System shall be designed
in accordance with the standards of
section 109(b).
``(ii) Exception.--Highways on the
Interstate System in Alaska and Puerto
Rico shall be designed in accordance
with such geometric and construction
standards as are adequate for current
and probable future traffic demands and
the needs of the locality of the
highway.
``(C) Location.--Highways on the Interstate
System shall be located so as--
``(i) to connect by routes, as
direct as practicable, the principal
metropolitan areas, cities, and
industrial centers;
``(ii) to serve the national
defense; and
``(iii) to the maximum extent
practicable, to connect at suitable
border points with routes of
continental importance in Canada and
Mexico.
``(D) Selection of routes.--To the maximum
extent practicable, each route of the
Interstate System shall be selected by joint
action of the State transportation departments
of the State in which the route is located and
the adjoining States, in cooperation with local
andregional officials, and subject to the
approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on
the Interstate System shall not exceed 43,000 miles,
exclusive of designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or
require modifications to the Interstate System in a
manner consistent with the policies and procedures
established under this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary
determines that a highway on the National
Highway System meets all standards of a highway
on the Interstate System and that the highway
is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or
States in which the highway is located,
designate the highway as a route on the
Interstate System.
``(B) Designations as future interstate
system routes.--
``(i) In general.--If the Secretary
determines that a highway on the
National Highway System would be a
logical addition or connection to the
Interstate System and would qualify for
designation as a route on the
Interstate System under subparagraph
(A) if the highway met all standards of
a highway on the Interstate System, the
Secretary may, upon the affirmative
recommendation of the State or States
in which the highway is located,
designate the highway as a future
Interstate System route.
``(ii) Written agreement of
states.--A designation under clause (i)
shall be made only upon the written
agreement of the State or States
described in such clause that the
highway will be constructed to meet all
standards of a highway on the
Interstate System by the date that is
12 years after the date of the
agreement.
``(iii) Removal of designation.--
``(I) In general.--If the
State or States described in
clause (i) have not
substantially completed the
construction of a highway
designated under this
subparagraph within the time
provided for in the agreement
between the Secretary and the
State or States under clause
(ii), the Secretary shall
remove the designation of the
highway as a future Interstate
System route.
``(II) Effect of removal.--
Removal of the designation of a
highway under subclause (I)
shall not preclude the
Secretary from designating the
highway as a route on the
Interstate System under
subparagraph (A) or under any
other provision of law
providing for addition to the
Interstate System.
``(iv) Prohibition on referral as
interstate system route.--No law, rule,
regulation, map, document, or other
record of the United States, or of any
State or political subdivision of a
State, shall refer to any highway
designated as a future Interstate
System route under this subparagraph,
nor shall any such highway be signed or
marked, as a highway on the Interstate
System until such time as thehighway is
constructed to the geometric and construction standards for the
Interstate System and has been designated as a route on the Interstate
System.
``(C) Financial responsibility.--Except as
provided in this title, the designation of a
highway under this paragraph shall create no
additional Federal financial responsibility
with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in
surplus.--
``(A) In general.--Upon application by a
State and approval by the Secretary, the
Secretary may transfer to the apportionment of
the State under section 104(b)(1) any amount of
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation
Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs
of construction of segments of the Interstate
System in the State included in the most recent
Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of
an amount under subparagraph (A), the
construction on which the amount is based, as
included in the most recent Interstate System
cost estimate, shall not be eligible for
funding under section 104(b)(5)(A) (as in
effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century) or 118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary,
the Secretary may transfer to the apportionment of the
State under section 104(b)(1) any amount of surplus
funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all work
eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds
transferred under this subsection shall be subject to
the laws (including regulations, policies, and
procedures) relating to the apportionment to which the
funds are transferred.''.
(b) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under
section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act),
shall be available for obligation by the State under the law
(including regulations, policies, and procedures) relating to
the obligation and expenditure of the funds in effect on that
date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States
Code, is amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the
first sentence by striking ``which has been'' and all
that follows through ``and has not'' and inserting
``which is a public road and has not''.
(2)(A) Section 139 of such title, and the item
relating to such section in the analysis for chapter 1
of such title, are repealed.
(B) Section 127(f) of such title is amended by
striking ``section 139(a)'' and inserting ``section
103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597)
is amended by striking subparagraph (B) and inserting
the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts
of the Interstate System under this paragraph
shall be treated in the same manner as segments
designated under section 103(c)(4)(A) of title
23, United States Code.''.
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall--
(A) review the condition of and
improvements made, since the designation of the
National Highway System, to connectors on the
National Highway System that serve seaports,
airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of
such review.
(2) Review.--In preparing the report, the Secretary
shall review the connectors and identify projects
carried out on those connectors that were intended to
provide and improve service to an intermodal facility
referred to in paragraph (1) and to facilitate the
efficient movement of freight, including movements of
freight between modes.
(3) Identification of impediments.--If the
Secretary determines on the basis of the review that
there are impediments to improving the connectors
serving intermodal facilities referred to in paragraph
(1), the Secretary shall identify such impediments and
make any appropriate recommendations as part of the
Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects
for resurfacing, restoring, rehabilitating, and
reconstructing--
``(A) routes on the Interstate System
designated under section 103(c)(1) and, in
Alaska and Puerto Rico, under section
103(c)(4)(A);
``(B) routes on the Interstate System
designated before the date of enactment of the
Transportation Equity Act for the 21st Century
under subsections (a) and (b) of section 139
(as in effect on the day before the date of
enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of
the Intermodal Surface Transportation
Efficiency Act of 1991.
``(2) Toll roads.--The Secretary may approve a
project pursuant to this subsection on a toll road only
if such road is subject to a Secretarial agreement
provided for in section 129 or continued in effect by
section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of
the Surface Transportation andUniform Relocation
Assistance Act of 1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated
to carry out this section shall be out of the Highway
Trust Fund and shall be apportioned in accordance with
section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g)
as subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--
Section 118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$50,000,000 in fiscal year 1998 and $100,000,000 in
each of fiscal years 1999 through 2003 for obligation
by the Secretary for projects for resurfacing,
restoring, rehabilitating, and reconstructing any route
or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate
System under section 139 (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century) and any toll road on
the Interstate System not subject to an agreement under
section 119(e) (as in effect on December 17, 1991).
``(2) Selection criteria.--The amounts set aside
under paragraph (1) shall be made available by the
Secretary to any State applying for such funds if the
Secretary determines that--
``(A) the State has obligated or
demonstrates that it will obligate in the
fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by
itself, is insufficient to pay the Federal
share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted
by the State to the Secretary for approval; and
``(B) the applicant is willing and able
to--
``(i) obligate the funds within 1
year of the date the funds are made
available;
``(ii) apply the funds to a ready-
to-commence project; and
``(iii) in the case of construction
work, begin work within 90 days after
obligation.
``(3) Priority consideration for certain
projects.--In selecting projects to fund under
paragraph (1), the Secretary shall give priority
consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area
or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary
funds.--Sums made available pursuant to this subsection
shall remain available until expended.''.
(c) Interstate Needs.--
(1) Study.--The Secretary shall conduct, in
cooperation with States and affected metropolitan
planning organizations, a study to determine--
(A) the expected condition of the
Interstate System over the next 10 years and
the needs of States and metropolitan planning
organizations to reconstruct and improve the
Interstate System;
(B) the resources necessary to maintain and
improve the Interstate System; and
(C) the means to ensure that the Nation's
surface transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address
any extraordinary needs.
(2) Report.--Not later than January 1, 2000, the
Secretary shall transmit to Congress a report on the
results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive
anti-icing and de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly
owned intracity or intercity bus terminals and
facilities'' and inserting ``, including vehicles and
facilities, whether publicly or privately owned, that
are used to provide intercity passenger service by
bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and
inserting ``bicycle''; and
(B) by inserting before the period at the
end the following: ``, and the modification of
public sidewalks to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.)'';
(4) in paragraph (4) by inserting
``infrastructure'' after ``safety'';
(5) in paragraph (9) by striking ``section
108(f)(1)(A) (other than clauses (xii) and (xvi)) of
the Clean Air Act'' and inserting ``section
108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat
and'' after ``participation in'' each
place it appears;
(ii) by striking ``enhance and
create'' and inserting ``enhance, and
create natural habitats and''; and
(iii) by inserting ``natural
habitat and'' before ``wetlands
conservation''; and
(B) by adding at the end the following:
``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 theSecretary 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 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 and in
all States to be determined for the succeeding fiscal year
shall be reduced by the amount of such transferred funds''.
(b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of
such title is amended--
(1) by inserting ``(A) Fiscal years 1992 through
1997.--'' before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal year 1998.--Of the amounts
authorized to be appropriated to carry out the
bridge program under this section for fiscal
year 1998, all but $25,000,000 shall be
apportioned as provided in subsection (e) of
this section. Such $25,000,000 shall be
available only for projects for the seismic
retrofit of a bridge described in subsection
(l).
``(C) Fiscal years 1999 through 2003.--Of
the amounts authorized to be appropriated to
carry out the bridge program under this section
for each of fiscal years 1999 through 2003, all
but $100,000,000 shall be apportioned as
provided in subsection (e). Such $100,000,000
shall be available at the discretion of the
Secretary; except that not to exceed
$25,000,000 shall be available only for
projects for the seismic retrofit of bridges,
including projects in the New Madrid fault
region.''; and
(3) by indenting subparagraph (A) (as designated by
paragraph (1) of this subsection) and aligning such
subparagraph (A) with subparagraphs (B) and (C) of such
section (as added by paragraph (2) of this subsection).
(c) Off-System Bridge Set-Aside.--Section 144(g)(3) of such
title is amended--
(1) by striking ``, 1988'' and all that follows
through ``1997,'' and inserting ``through 2003''; and
(2) by striking ``system'' each place it appears
and inserting ``highway''.
(d) Eligibility.--Section 144 of title 23, United States
Code, is amended--
(1) in subsection (d) by inserting after
``magnesium acetate'' the following: ``, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures'';
(2) in subsection (d) by inserting after ``such
acetate'' each place it appears the following: ``or
sodium acetate/formate or such anti-icing or de-icing
composition or installation of such countermeasures'';
and
(3) in subsection (g)(3) by inserting after
``magnesium acetate'' the following: ``, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions or install scour countermeasures''.
(e) Conforming Amendment.--Section 144(n) of such title is
amended by striking ``system'' and inserting ``highway''.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Establishment of Program.--Section 149(a) of title 23,
United States Code, is amended by inserting after ``establish''
the following: ``and implement''.
(b) Currently Eligible Projects.--Section 149(b) of such
title is amended--
(1) by striking ``that was designated as a
nonattainment area under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)) during any part of fiscal
year 1994'' and inserting the following: ``that is or
was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
classified pursuant to section 181(a), 186(a), 188(a),
or 188(b) of the Clean Air Act (42 U.S.C. 7511(a),
7512(a), 7513(a), or 7513(b)) or is or was designated
as a nonattainment area under such section 107(d) after
December 31, 1997,'';
(2) in paragraph (1)(A) by striking ``clauses (xii)
and''; and inserting ``clause'';
(3) in paragraph (1)(A)(ii) by striking ``an area''
and all that follows through the semicolon and
inserting ``a maintenance area;'';
(4) by striking ``or'' at the end of paragraph (3);
(5) by striking ``standard.'' at the end of
paragraph (4) and inserting ``standard; or''; and
(6) by inserting after paragraph (4) the following:
``(5) if the program or project improves traffic
flow, including projects to improve signalization,
construct high occupancy vehicle lanes, improve
intersections, and implement intelligent transportation
system strategies and such other projects that are
eligible for assistance under this section on the day
before the date of enactment of this paragraph.''.
(c) States Receiving Minimum Apportionment.--Section 149 of
such title is amended by striking subsection (c) and inserting
the following:
``(c) States Receiving Minimum Apportionment.--
``(1) States without a nonattainment area.--If a
State does not have, and never has had, a nonattainment
area designated under the Clean Air Act (42 U.S.C. 7401
et seq.), the State may use funds apportioned to the
State under section 104(b)(2) for any project eligible
under the surface transportation program under section
133.
``(2) States with a nonattainment area.--If a State
has a nonattainment area or maintenance area and
receives funds under section 104(b)(2)(D) above the
amount of funds that the State would have received
based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds
not based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section
104(b)(2) for any project in the State eligible under
section 133.''.
(d) Public-Private Partnerships.--
(1) In general.--Section 149 of such title is
amended by adding at the end the following:
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other
provision of this title and in accordance with this
subsection, a metropolitan planning organization, State
transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
carried out under this section.
``(2) Forms of participation by entities.--
Participation by an entity under paragraph (1) may
consist of--
``(A) ownership or operation of any land,
facility, vehicle, or other physical asset
associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration,
construction management, project management,
project operation, or any other management or
operational duty associated with the project;
and
``(D) any other form of participation
approved by the Secretary.
``(3) Allocation to entities.--A State may allocate
funds apportioned under section 104(b)(2) to an entity
described in paragraph (1).
``(4) Alternative fuel projects.--In the case of a
project that will provide for the use of alternative
fuels by privately owned vehicles or vehiclefleets,
activities eligible for funding under this subsection--
``(A) may include the costs of vehicle
refueling infrastructure, including
infrastructure that would support the
development, production, and use of emerging
technologies that reduce emissions of air
pollutants from motor vehicles, and other
capital investments associated with the
project;
``(B) shall include only the incremental
cost of an alternative fueled vehicle, as
compared to a conventionally fueled vehicle,
that would otherwise be borne by a private
party; and
``(C) shall apply other governmental
financial purchase contributions in the
calculation of net incremental cost.
``(5) Prohibition on federal participation with
respect to required activities.--A Federal
participation payment under this subsection may not be
made to an entity to fund an obligation imposed under
the Clean Air Act (42 U.S.C. 7401 et seq.) or any other
Federal law.''.
(2) Determination by the secretary.--For the
purposes of section 149(c) of title 23, United States
Code, the Secretary shall determine in accordance with
the procedures specified in section 149(b) of such
title whether water-phased hydrocarbon fuel emulsion
technologies that consist of a hydrocarbon base and
water in an amount not less than 20 percent by volume
that reduce emissions of hydrocarbon, particulate
matter, carbon monoxide, or nitrogen oxide from motor
vehicles.
(e) Study of CMAQ Program.--
(1) In general.--The Secretary and the
Administrator of the Environmental Protection Agency
shall enter into arrangements with the National Academy
of Sciences to complete, by not later than January 1,
2001, a study of the congestion mitigation and air
quality improvement program under section 149 of title
23, United States Code. The study shall, at a minimum--
(A) evaluate the air quality impacts of
emissions from motor vehicles;
(B) evaluate the negative effects of
traffic congestion, including the economic
effects of time lost due to congestion;
(C) determine the amount of funds obligated
under the program and make a comprehensive
analysis of the types of projects funded under
the program;
(D) evaluate the emissions reductions
attributable to projects of various types that
have been funded under the program;
(E) assess the effectiveness, including the
quantitative and non-quantitative benefits, of
projects funded under the program and include,
in the assessment, an estimate of the cost per
ton of pollution reduction;
(F) assess the cost effectiveness of
projects funded under the program with respect
to congestion mitigation;
(G) compare--
(i) the costs of achieving the air
pollutant emissions reductions achieved
under the program; to
(ii) the costs that would be
incurred if similar reductions were
achieved by other measures, including
pollution controls on stationary
sources;
(H) include recommendations on
improvements, including other types of
projects, that will increase the overall
effectiveness of the program;
(I) include recommendations on expanding
the scope of the program to address traffic-
related pollutants that, as of the date of the
study, are not addressed by the program.
(2) Report.--Not later than January 1, 2000, the
National Academy of Sciences shall transmit to the
Secretary, the Committee on Transportation and
Infrastructure and the Committee on Commerce of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate a report on
the results of the study with recommendations for
modifications to the congestion mitigation and air
quality improvement program in light of the results of
the study.
(3) Funding.--Before making the apportionment of
funds under section 104(b)(2) of title 23, United
States Code, for each of fiscal years 1999 and 2000,
the Secretary shall deduct from the amount to be
apportioned under such section for such fiscal year,
and make available, $500,000 for such fiscal year to
carry out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) State-Determined Lower Federal Share.--Section 120 of
title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Except'' and inserting
the following:
``(1) In general.--Except'';
(B) by adding at the end the following:
``(2) State-determined lower federal share.--In the
case of any project subject to paragraph (1), a State
may determine a lower Federal share than the Federal
share determined under such paragraph.''; and
(C) by aligning the remainder of the text
of paragraph (1) (as designated by subparagraph
(A) of this paragraph) with paragraph (2) of
such subsection (as added by subparagraph (B)
of this paragraph); and
(2) in subsection (b) by adding at the end the
following: ``In the case of any project subject to this
subsection, a State may determine a lower Federal share
than the Federal share determined under the preceding
sentences of this subsection.''.
(b) Increased Federal Share for Certain Safety Projects.--
The first sentence of section 120(c) of such title is amended
by inserting ``or transit vehicles'' after ``emergency
vehicles''.
(c) Credit for Non-Federal Share.--Section 120 of such
title is amended by adding at the end the following:
``(j) Credit for Non-Federal Share.--
``(1) Eligibility.--A State may use as a credit
toward the non-Federal share requirement for any funds
made available to carry out this title (other than the
emergency relief program authorized by section 125) or
chapter 53 of title 49 toll revenues that are generated
and used by public, quasi-public, and private agencies
to build, improve, or maintain highways, bridges, or
tunnels that serve the public purpose of interstate
commerce. Such public, quasi-public, or private
agencies shall have built, improved, or maintained such
facilities without Federal funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-
Federal share provided under this subsection
shall not reduce nor replace State funds
required to match Federal funds for any program
under this title.
``(B) Condition on receipt of credit.--To
receive a credit under paragraph (1) for a
fiscal year, a State shall enter into such
agreement as the Secretary may require to
ensure that the State will maintain its non-
Federal transportation capital expenditures in
such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal
years; except that if, for any 1 of the
preceding 3 fiscal years, the non-Federal
transportation capital expenditures of the
State were at a level that was greater than 130
percent of the average level of such
expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that
the State will maintain its non-Federal
transportation capital expenditures in the
fiscal year of the credit at or above the
average level of such expenditures for the
other 2 fiscal years.
``(C) Transportation capital expenditures
defined.--In subparagraph (B), the term `non-
Federal transportation capital expenditures'
includes any payments made by the State for
issuance of transportation-related bonds.
``(3) Treatment.--
``(A) Limitation on liability.--Use of a
credit for a non-Federal share under this
subsection that is received from a public,
quasi-public, or private agency--
``(i) shall not expose the agency
to additional liability, additional
regulation, or additional
administrative oversight; and
``(ii) shall not subject the agency
to any additional Federal design
standards or laws (including
regulations) as a result of providing
the non-Federal share other than those
to which the agency is already subject.
``(B) Chartered multistate agencies.--When
a credit that is received from a chartered
multistate agency is applied to a non-Federal
share under this subsection, such credit shall
be applied equally to all charter States.''.
(d) Conforming Amendments.--Section 130(a) of such title is
amended--
(1) in the first sentence by striking ``Except as
provided in subsection (d) of section 120 of this
title'' and inserting ``Subject to section 120''; and
(2) in the second sentence by striking ``except as
provided in subsection (d) of section 120 of this
title'' and inserting ``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motorized recreation.--The term `motorized
recreation' means off-road recreation using any motor-
powered vehicle, except for a motorized wheelchair.
``(2) Recreational trail.--The term `recreational
trail' means a thoroughfare or track across land or
snow, used for recreational purposes such as--
``(A) pedestrian activities, including
wheelchair use;
``(B) skating or skateboarding;
``(C) equestrian activities, including
carriage driving;
``(D) nonmotorized snow trail activities,
including skiing;
``(E) bicycling or use of other human-
powered vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities,
including all-terrain vehicle riding,
motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road
motorized vehicles.
``(b) Program.--In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program to
provide and maintain recreational trails.
``(c) State Responsibilities.--To be eligible for
apportionments under this section--
``(1) the Governor of the State shall designate the
State agency or agencies that will be responsible for
administering apportionments made to the State under
this section; and
``(2) the State shall establish a State
recreational trail advisory committee that represents
both motorized and nonmotorized recreational trail
users, which shall meet not less often than once per
fiscal year.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds apportioned to a State to
carry out this section shall be obligated for
recreational trails and related projects that--
``(A) have been planned and developed under
the laws, policies, and administrative
procedures of the State; and
``(B) are identified in, or further a
specific goal of, a recreational trail plan, or
a statewide comprehensive outdoor recreation
plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.), that is in effect.
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
``(A) maintenance and restoration of
existing recreational trails;
``(B) development and rehabilitation of
trailside and trailhead facilities and trail
linkages for recreational trails;
``(C) purchase and lease of recreational
trail construction and maintenance equipment;
``(D) construction of new recreational
trails, except that, in the case of new
recreational trails crossing Federal lands,
construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and required by a
statewide comprehensive outdoor
recreation plan that is required by the
Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.) and
that is in effect;
``(iii) approved by the
administering agency of the State
designated under subsection (c)(1); and
``(iv) approved by each Federal
agency having jurisdiction over the
affected lands under such terms and
conditions as the head of the Federal
agency determines to be appropriate,
except that the approval shall be
contingent on compliance by the Federal
agency with all applicable laws,
including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.), and the
Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
``(E) acquisition of easements and fee
simple title to property for recreational
trails or recreational trail corridors;
``(F) payment of costs to the State
incurred in administering the program, but in
an amount not to exceed 7 percent of the
apportionment made to the State for the fiscal
year to carry out this section; and
``(G) operation of educational programs to
promote safety and environmental protection as
those objectives relate to the use of
recreational trails, but in an amount not to
exceed 5 percent of the apportionment made to
the State for the fiscal year.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), of the
apportionments made to a State for a fiscal
year to carry out this section--
``(i) 40 percent shall be used for
recreational trail or related projects
that facilitate diverse recreational
trail use within a recreational trail
corridor, trailside, or trailhead,
regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate
both motorized and nonmotorized
recreational trail use;
``(ii) 30 percent shall be used for
uses relating to motorized recreation;
and
``(iii) 30 percent shall be used
for uses relating to nonmotorized
recreation.
``(B) Small state exclusion.--Any State
with a total land area of less than 3,500,000
acres shall be exempt from the requirements of
clauses (ii) and (iii) of subparagraph (A).
``(C) Waiver authority.--A State
recreational trail advisory committee
established under subsection (c)(2), may waive,
in whole or in part, the requirements of
clauses (ii) and (iii) of subparagraph (A) if
the State recreational trail advisory committee
determines and notifies the Secretary that the
State does not have sufficient projects to meet
the requirements of clauses (ii) and (iii) of
subparagraph (A).
``(D) State administrative costs.--State
administrative costs eligible for funding under
paragraph (2)(F) shall be exempt from the
requirements of subparagraph (A).
``(4) Grants.--
``(A) In general.--A State may use funds
apportioned to the State to carry out this
section to make grants to private
organizations, municipal, county, State, and
Federal government entities, and other
government entities as approved by the State
after considering guidance from the State
recreational trail advisory committee
established under subsection (c)(2), for uses
consistent with this section.
``(B) Compliance.--A State that makes
grants under subparagraph (A) shall establish
measures to verify that recipients of the
grants comply with the conditions of the
program for the use of grant funds.
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of this
section, a State should give consideration to project proposals
that provide for the redesign, reconstruction, nonroutine
maintenance, or relocation of recreational trails to benefit
the natural environment or to mitigate and minimize the impact
to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions
of this subsection, the Federal share of the cost of a
project under this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--
Notwithstanding any other provision of law, a Federal
agency that sponsors a project under this section may
contribute additional Federal funds toward the cost of
a project, except that--
``(A) the share attributable to the
Secretary of Transportation may not exceed 80
percent of the cost of a project under this
section; and
``(B) the share attributable to the
Secretary and the Federal agency may not exceed
95 percent of the cost of a project under this
section.
``(3) Use of funds from federal programs to provide
non-federal share.--Notwithstanding any other provision
of law, the non-Federal share of the cost of the
project may include amounts made available by the
Federal Government under any Federal program that are--
``(A) expended in accordance with the
requirements of the Federal program relating to
activities funded and populations served; and
``(B) expended on a project that is
eligible for assistance under this section.
``(4) Programmatic non-federal share.--A State may
allow adjustments to the non-Federal share of an
individual project for a fiscal year under this section
if the Federal share of the cost of all projects
carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds
apportioned to the State for the fiscal year does not
exceed 80 percent.
``(5) State administrative costs.--The Federal
share of the administrative costs of a State under this
subsection shall be determined in accordance with
section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
``(1) condemnation of any kind of interest in
property;
``(2) construction of any recreational trail on
National Forest System land for any motorized use
unless--
``(A) the land has been designated for uses
other than wilderness by an approved forest
land and resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise
consistent with the management direction in the
approved forest land and resource management
plan;
``(3) construction of any recreational trail on
Bureau of Land Management land for any motorized use
unless the land--
``(A) has been designated for uses other
than wilderness by an approved Bureau of Land
Management resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise
consistent with the management direction in the
approved management plan; or
``(4) upgrading, expanding, or otherwise
facilitating motorized use or access to recreational
trails predominantly used by nonmotorized recreational
trail users and on which, as of May 1, 1991, motorized
use was prohibited or had not occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials,
services, or new right-of-way.--
``(A) In general.--Nothing in this title or
other law shall prevent a project sponsor from
offering to donate funds, materials, services,
or a new right-of-way for the purposes of a
project eligible for assistance under this
section. Any funds, or the fair market value of
any materials, services, or new right-of-way,
may be donated by any project sponsor and shall
be credited to the non-Federal share in
accordance with subsection (f).
``(B) Federal project sponsors.--Any funds
or the fair market value of any materials or
services may be provided by a Federal project
sponsor and shall be credited to the Federal
agency's share in accordance with subsection
(f).
``(2) Recreational purpose.--A project funded under
this section is intended to enhance recreational
opportunity and is not subject to section 138 of this
title or section 303 of title 49.
``(3) Continuing recreational use.--At the option
of each State, funds apportioned to the State to carry
out this section may be treated as Land and Water
Conservation Fund apportionments for the purposes of
section 6(f)(3) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition
of making available apportionments for work on
recreational trails that would affect privately
owned land, a State shall obtain written
assurances that the owner of the land will
cooperate with the State and participate as
necessary in the activities to be conducted.
``(B) Public access.--Any use of the
apportionments to a State to carry out this
section on privately owned land must be
accompanied by an easement or other legally
binding agreement that ensures public access to
the recreational trail improvements funded by
the apportionments.
``(i) Contract Authority.--Funds authorized to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1, except
that the Federal share of the cost ofa project under this
section shall be determined in accordance with this section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the
Intermodal Surface Transportation Efficiency Act of 1991 (16
U.S.C. 1261) is repealed.
(d) Termination of Advisory Committee.--Section 1303 of
such Act (16 U.S.C. 1262) is amended by adding at the end the
following:
``(j) Termination.--The advisory committee established by
this section shall terminate on September 30, 2000.''.
(e) 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 construction and
maintenance of recreational trails under section 206 of title
23, United States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United
States Code, is amended in the first sentence by striking
``highway system'' and inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of such title is
amended--
(1) by redesignating subsections (b), (c), and (d)
as subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the
following:
``(a) General Eligibility.--Subject to this section and
section 120, an emergency fund is authorized for expenditure by
the Secretary for the repair or reconstruction of highways,
roads, and trails, in any part of the United States, including
Indian reservations, that the Secretary finds have suffered
serious damage as a result of--
``(1) natural disaster over a wide area, such as by
a flood, hurricane, tidal wave, earthquake, severe
storm, or landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds
be used pursuant to this section for the repair or
reconstruction of bridges that have been permanently closed to
all vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to establish the fund authorized by this section and
to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to
be obligated in any 1 fiscal year commencing after
September 30, 1980, to carry out the provisions of this
section; except that, if in any fiscal year the total
of all obligations under this section is less than the
amount authorized to be obligated in such fiscal year,
the unobligated balance of such amount shall remain
available until expended and shall be in addition to
amounts otherwise available to carry out this section
each year.
``(2) Pending such appropriation or replenishment,
the Secretary may obligate from any funds heretofore or
hereafter appropriated for obligation in accordance
with this title, including existing Federal-aid
appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized.
Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.'';
(3) in subsection (d) (as so redesignated)--
(A) in the first sentence by striking
``reconstruction of highways'' and all that
followsthrough ``in accordance'' and inserting
``reconstruction of highways on Federal-aid highways in accordance'';
(B) by striking ``subsection (c)'' both
places it appears and inserting ``subsection
(e)'';
(C) in the second sentence by striking
``authorized'' and all that follows through the
period and inserting ``authorized on Federal-
aid highways.''; and
(D) in the last sentence by striking
``Disaster Relief and Emergency Assistance Act
(Public Law 93-288)'' and inserting ``Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)''; and
(4) in subsection (e) (as so redesignated) by
striking ``on any of the Federal-aid highway systems''
and inserting ``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct any
portion of a Federal-aid primary route in San Mateo County,
California, that--
(1) was destroyed as a result of a combination of
storms in the winter of 1982-1983 and a mountain slide;
and
(2) until its destruction, served as the only
reasonable access route between 2 cities and as the
designated emergency evacuation route of 1 of the
cities;
shall be eligible for assistance under section 125(a) of title
23, United States Code, if the project complies with the local
coastal plan.
(d) Technical Amendments.--Section 120(e) of such title is
amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States
Code, is amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) State Defined.--In this section, the term `State'
means the 50 States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
``(2) Allocation of funds.--Funds made available to
carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary.
``(3) Conditions on funds allocated to internal
revenue service.--The Secretary shall not impose any
condition on the use of funds allocated to the Internal
Revenue Service under this subsection.
``(4) Limitation on use of funds.--Funds made
available to carry out this section shall be used
only--
``(A) to expand efforts to enhance motor
fuel tax enforcement;
``(B) to fund additional Internal Revenue
Service staff, but only to carry out functions
described in this paragraph;
``(C) to supplement motor fuel tax
examinations and criminal investigations;
``(D) to develop automated data processing
tools to monitor motor fuel production and
sales;
``(E) to evaluate and implement
registration and reporting requirements for
motor fuel taxpayers;
``(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts; and
``(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes.
``(5) Maintenance of effort.--The Secretary may not
make an allocation to a State under this subsection for
a fiscal year unless the State certifies that the
aggregate expenditure of funds of the State, exclusive
of Federal funds, for motor fuel tax enforcement
activities will be maintained at a level that does not
fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost
of a project carried out under this subsection shall be
100 percent.
``(7) Period of availability.--Funds authorized to
carry out this section shall remain available for
obligation for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.
``(8) Use of surface transportation program
funding.--In addition to funds made available to carry
out this section, a State may, expend up to \1/4\ of 1
percent of the funds apportioned to the State for a
fiscal year under section 104(b)(3) on initiatives to
halt the evasion of payment of motor fuel taxes.
``(c) Excise Fuel Reporting System.--
``(1) In general.--Not later than April 1, 1998,
the Secretary shall enter into a memorandum of
understanding with the Commissioner of the Internal
Revenue Service for the purposes of the development and
maintenance by the Internal Revenue Service of an
excise fuel reporting system (in this subsection
referred to as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall
develop and maintain the system through
contracts;
``(B) the system shall be under the control
of the Internal Revenue Service; and
``(C) the system shall be made available
for use by appropriate State and Federal
revenue, tax, and law enforcement authorities,
subject to section 6103 of the Internal Revenue
Code of 1986.
``(3) Funding.--Of the amounts made available to
carry out this section for each of fiscal years 1998
through 2003, the Secretary shall make available
sufficient funds to the Internal Revenue Service to
establish and operate an automated fuel reporting
system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is
amended by striking the item relating to section 143
and inserting the following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 1992) is repealed.
(3) Section 8002 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 2203) is amended--
(A) in the first sentence of subsection (g)
by striking ``section 1040 of this Act'' and
inserting ``section 143 of title 23, United
States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, thefunds
appropriated to any Federal land management agency may be used to pay
the non-Federal share of the cost of any Federal-aid highway project
the Federal share of which is funded under section 104.
``(k) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the Federal lands
highways program under section 204 may be used to pay the non-
Federal share of the cost of any project that is funded under
section 104 and that provides access to or within Federal or
Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--''
after ``(d)'';
(2) by inserting ``(1) For fiscal years ending
before october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the
following: ``ending before October 1, 1999'';
(4) by adding at the end the following:
``(2) Fiscal year 2000 and thereafter.--
``(A) In general.--All funds authorized to
be appropriated for Indian reservation roads
shall be allocated among Indian tribes for
fiscal year 2000 and each subsequent fiscal
year in accordance with a formula established
by the Secretary of the Interior under a
negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5.
``(B) Regulations.--Notwithstanding
sections 563(a) and 565(a) of title 5, the
Secretary of the Interior shall issue
regulations governing the Indian reservation
roads program, and establishing the funding
formula for fiscal year 2000 and each
subsequent fiscal year under this paragraph, in
accordance with a negotiated rulemaking
procedure under subchapter III of chapter 5 of
title 5. The regulations shall be issued in
final form not later than April 1, 1999, and
shall take effect not later than October 1,
1999.
``(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee
to carry out subparagraph (B), the Secretary of
the Interior shall--
``(i) apply the procedures under
subchapter III of chapter 5 of title 5
in a manner that reflects the unique
government-to-government relationship
between the Indian tribes and the
United States; and
``(ii) ensure that the membership
of the committee includes only
representatives of the Federal
Government and of geographically
diverse small, medium, and large Indian
tribes.
``(D) Basis for funding formula.--The
funding formula established for fiscal year
2000 and each subsequent fiscal year under this
paragraph shall be based on factors that
reflect--
``(i) the relative needs of the
Indian tribes, and reservation or
tribal communities, for transportation
assistance; and
``(ii) the relative administrative
capacities of, and challenges faced by,
various Indian tribes, including the
cost of road construction in each
Bureau of Indian Affairs area,
geographic isolation and difficulty in
maintaining all-weather access to
employment, commerce, health, safety,
and educational resources.
``(3) Contracts and agreements with indian
tribes.--
``(A) In general.--Notwithstanding any
other provision of law or any interagency
agreement, program guideline, manual, or policy
directive, all funds made available under this
title for Indian reservation roads and for
highway bridges located on Indian reservation
roads to pay for the costs of programs,
services, functions, and activities, or
portions thereof, that are specifically or
functionally related to the cost of planning,
research, engineering, and construction of any
highway, road, bridge, parkway, or transit
facility that provides access to or is located
within the reservation or community of an
Indian tribe shall be made available, upon
request of the Indian tribal government, to the
Indian tribal government for contracts and
agreements for such planning, research,
engineering, and construction in accordance
with the Indian Self-Determination and
Education Assistance Act.
``(B) Exclusion of agency participation.--
Funds for programs, functions, services, or
activities, or portions thereof, including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) apply, shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
Interior that has previously carried out such
programs, functions, services, or activities.
``(4) Reservation of funds.--
``(A) Nationwide priority program.--The
Secretary shall establish a nationwide priority
program for improving deficient Indian
reservation road bridges.
``(B) Reservation.--Of the amounts
authorized to be appropriated for Indian
reservation roads for each fiscal year, the
Secretary, in cooperation with the Secretary of
the Interior, shall reserve not less than
$13,000,000 for projects to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate to, apply
sodium acetate/formate deicer to, or install
scour countermeasures for deficient Indian
reservation road bridges, including multiple-
pipe culverts.
``(C) Eligible bridges.--To be eligible to
receive funding under this subsection, a bridge
described in subparagraph (A) must--
``(i) have an opening of 20 feet or
more;
``(ii) be on an Indian reservation
road;
``(iii) be unsafe because of
structural deficiencies, physical
deterioration, or functional
obsolescence; and
``(iv) be recorded in the national
bridge inventory administered by the
Secretary under subsection (b).
``(D) Approval requirement.--Funds to carry
out Indian reservation road bridge projects
under this subsection shall be made available
only on approval of plans, specifications, and
estimates by the Secretary.''; and
(5) by indenting paragraph (1) (as designated by
paragraph (2) of this paragraph) and aligning paragraph
(1) with paragraphs (2), (3), and (4) (as added by
paragraph (4) of this paragraph).
(c) Availability of Funds.--Section 203 of such title is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, the authorization by the Secretary
of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal
lands highways program project,shall be deemed to constitute a
contractual obligation of the Federal Government to pay the Federal
share of the cost of the project.''.
(d) Planning and Agency Coordination.--Section 204 of such
title is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all
Federal roads that are public roads to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways, there is established a
coordinated Federal lands highways program that shall
apply to public lands highways, park roads and
parkways, and Indian reservation roads and bridges.
``(2) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
develop, by rule, transportation planning procedures
that are consistent with the metropolitan and statewide
planning processes required under sections 134 and 135.
``(3) Approval of transportation improvement
program.--The transportation improvement program
developed as a part of the transportation planning
process under this section shall be approved by the
Secretary.
``(4) Inclusion in other plans.--All regionally
significant Federal lands highways program projects--
``(A) shall be developed in cooperation
with States and metropolitan planning
organizations; and
``(B) shall be included in appropriate
Federal lands highways program, State, and
metropolitan plans and transportation
improvement programs.
``(5) Inclusion in state programs.--The approved
Federal lands highways program transportation
improvement program shall be included in appropriate
State and metropolitan planning organization plans and
programs without further action on the transportation
improvement program.
``(6) Development of systems.--The Secretary and
the Secretary of each appropriate Federal land
management agency shall, to the extent appropriate,
develop by rule safety, bridge, pavement, and
congestion management systems for roads funded under
the Federal lands highways program.'';
(2) in subsection (b) by striking the first 3
sentences and inserting the following: ``Funds
available for public lands highways, park roads and
parkways, and Indian reservation roads shall be used by
the Secretary and the Secretary of the appropriate
Federal land management agency to pay for the cost of
transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or
of transit facilities within public lands, national
parks, and Indian reservations. In connection with
activities under the preceding sentence, the Secretary
and the Secretary of the appropriate Federal land
management agency may enter into construction contracts
and other appropriate contracts with a State or civil
subdivision of a State or Indian tribe.'';
(3) in the first sentence of subsection (e) by
striking ``Secretary of the Interior'' and inserting
``Secretary of the appropriate Federal land management
agency'';
(4) in subsection (h) by adding at the end the
following:
``(8) A project to build a replacement of the
federally owned bridge over the Hoover Dam in theLake
Mead National Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the
following:
``(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
``(1) Administrative costs.--The Secretary shall
transfer to the appropriate Federal land management
agency from amounts made available for public lands
highways such amounts as are necessary to pay necessary
administrative costs of the agency in connection with
public lands highways.
``(2) Transportation planning costs.--The Secretary
shall transfer to the appropriate Federal land
management agency from amounts made available for
public lands highways such amounts as are necessary to
pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding
for the planning is not otherwise provided under this
section.''; and
(6) in subsection (j) by striking the second
sentence and inserting the following: ``The Indian
tribal government, in cooperation with the Secretary of
the Interior, and as appropriate, with a State, local
government, or metropolitan planning organization,
shall carry out a transportation planning process in
accordance with subsection (a).''.
(e) Refuge Roads.--
(1) Authorizations.--Section 201 of such title is
amended in the first sentence by inserting ``refuge
roads,'' before ``public lands highways,''.
(2) Allocations.--Section 202 of such title is
amended by adding at the end the following:
``(e) Refuge Roads.--On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that
fiscal year for refuge roads according to the relative needs of
the various refuges in the National Wildlife Refuge System, and
taking into consideration--
``(1) the comprehensive conservation plan for each
refuge;
``(2) the need for access as identified through
land use planning; and
``(3) the impact of land use planning on existing
transportation facilities.''.
(3) Availability of funds.--Section 203 of such
title is amended in the first and fourth sentences--
(A) by striking ``for,'' and inserting
``for''; and
(B) by inserting ``refuge roads,'' after
``parkways,'' each place it appears.
(4) Use of funding.--Section 204 of such title is
amended by adding at the end the following:
``(k) Refuge Roads.--
``(1) In general.--Notwithstanding any other
provision of this title, funds made available for
refuge roads shall be used by the Secretary and the
Secretary of the Interior only to pay the cost of--
``(A) maintenance and improvements of
refuge roads;
``(B) maintenance and improvements of
eligible projects described in paragraphs (2),
(5), (6) of subsection (h) that are located in
or adjacent to wildlife refuges; and
``(C) administrative costs associated with
such maintenance and improvements.
``(2) Contracts.--In carrying out paragraph (1),
the Secretary and the Secretary of the Interior, as
appropriate, may enter into contracts with a State or
civil subdivision of a State or Indian tribe as is
determined advisable.
``(3) Compliance with other law.--Funds made
available for refuge roads shall be used only for
projects that are in compliance with the
NationalWildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 628) is
amended--
(1) in paragraph (3) by striking ``, including
approaches thereto''; and
(2) in paragraph (5) by striking ``to be determined
under section 407. Such'' and all that follows through
the period at the end and inserting the following: ``as
described in the record of decision executed by the
Secretary in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The term
includes ongoing short-term rehabilitation and repairs
to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1)
of such Act (109 Stat. 630) is amended by inserting
``or any Capital Region jurisdiction'' after
``Authority'' each place it appears.
(2) Agreement.--Section 407 of such Act (109 Stat.
630) is amended by striking subsection (c) and
inserting the following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in
subsection (a) is an agreement concerning the Project
that is executed by the Secretary and the Authority or
any Capital Region jurisdiction that accepts ownership
of the new bridge.
``(2) Terms of the agreement.--The agreement
shall--
``(A) identify whether the Authority or a
Capital Region jurisdiction will accept
ownership of the new bridge;
``(B) contain a financial plan satisfactory
to the Secretary, which shall be prepared
before the execution of the agreement, that
specifies--
``(i) the total cost of the
Project, including any cost-saving
measures;
``(ii) a schedule for
implementation of the Project,
including whether any expedited design
and construction techniques will be
used; and
``(iii) the sources of funding that
will be used to cover any costs of the
Project not funded from funds made
available under section 412;
``(C) require that--
``(i) the Project include not more
than 12 traffic lanes, including 8
general purpose lanes, 2 merging/
diverging lanes, and 2 high occupancy
vehicle, express bus, or rail transit
lanes;
``(ii) the design, construction,
and operation of the Project reflect
the requirements of clause (i);
``(iii) all provisions described in
the environmental impact statement for
the Project or the record of decision
for the Project (including in the
attachments to the statement and
record) for mitigation of environmental
and other impacts of the Project be
implemented; and
``(iv) the Authority and the
Capital Region jurisdictions develop a
process to integrate affected local
governments, on an ongoing basis, in
the process of carrying out the
engineering, design, and construction
phases of the project, including
planning for implementing the
provisions described in clause (iii);
and
``(D) contain such other terms and
conditions as the Secretary determines to be
appropriate.''.
(c) Federal Contribution.--Such Act (109 Stat. 627) is
amended by adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Funding.--
``(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $25,000,000 for fiscal year
1998, $75,000,000 for fiscal year 1999, $150,000,000
for fiscal year 2000, $200,000,000 for fiscal year
2001, $225,000,000 for fiscal year 2002, and
$225,000,000 for fiscal year 2003 to pay the costs of
planning, preliminary engineering and design, final
engineering, acquisition of rights-of-way, and
construction of the Project; except that the costs
associated with the Bridge shall be given priority over
other eligible costs, other than design costs, of the
Project.
``(2) Contract authority.--Funds authorized by this
section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1
of title 23, United States Code; except that--
``(A) the funds shall remain available
until expended;
``(B) the Federal share of the cost of the
Bridge component of the Project shall not
exceed 100 percent; and
``(C) the Federal share of the cost of any
other component of the Project shall not exceed
80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title
limits the authority of any Capital Region jurisdiction to use
funds apportioned to the jurisdiction under paragraphs (1) and
(3) of section 104(b) of title 23, United States Code, in
accordance with the requirements for such funds, to pay any
costs of the Project.
``(c) Availability of Apportioned Funds.--None of the funds
made available under this section shall be available for
construction before the execution of the agreement described in
section 407(c), except that the Secretary may fund the
maintenance and rehabilitation of the Bridge, the design of the
Project, and right-of-way acquisition, including early
acquisition of construction staging areas.''.
(d) Conforming Amendment.--Section 405(b)(1) of such Act
(109 Stat. 629) is amended by striking ``the Signatories as to
the Federal share of the cost of the Project and the terms and
conditions related to the timing of the transfer of the Bridge
to''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds
made available by section 102 of this Act for fiscal years 1998
through 2003 among the States based on the latest available
cost to complete estimate for the Appalachian development
highway system under section 201 of the Appalachian Regional
Development Act of 1965 prepared by the Appalachian Regional
Commission. Such funds shall be available to construct highways
and access roads under section 201 of the Appalachian Regional
Development Act of 1965.
(b) Applicability of Title 23.--Funds authorized by section
102 of this Act for the Appalachian development highway system
shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share of the cost of any
project under this section shall be determined in accordance
with such section 201 and such funds shall remain available
until expended.
(c) Federal Share for Pre-Financed Projects.--Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ``70'' and inserting
``80''.
(d) Corridor O.--There is hereby designated as an addition
to Corridor O in Pennsylvania on the Appalachian development
highway system a segment from Port Matilda to Interstate Route
80 along United States Route 322, and the segment of Corridor O
from the Pennsylvania State line to the improved segment in
Bedford, Pennsylvania, shall be subtracted from Corridor O.
Such designated addition shall not affect estimates of the cost
to complete such system and such subtracted segment may be
included on a map of such system for purposes of continuity
only.
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall establish and
implement a program to make allocations to States and
metropolitan planning organizations for coordinated planning,
design, and construction of corridors of national significance,
economic growth, and international or interregional trade. A
State or metropolitan planning organization may apply to the
Secretary for allocations under this section.
(b) Eligibility of Corridors.--The Secretary may make
allocations under this section with respect to--
(1) high priority corridors identified in section
1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991; and
(2) any other significant regional or multistate
highway corridor not described in whole or in part in
paragraph (1) selected by the Secretary after
consideration of--
(A) the extent to which the annual volume
of commercial vehicle traffic at the border
stations or ports of entry of each State--
(i) has increased since the date of
enactment of the North American Free
Trade Agreement Implementation Act
(Public Law 103-182); and
(ii) is projected to increase in
the future;
(B) the extent to which commercial vehicle
traffic in each State--
(i) has increased since the date of
enactment of the North American Free
Trade Agreement Implementation Act
(Public Law 103-182); and
(ii) is projected to increase in
the future;
(C) the extent to which international
truck-borne commodities move through each
State;
(D) the reduction in commercial and other
travel time through a major international
gateway or affected port of entry expected as a
result of the proposed project including the
level of traffic delays at at-grade highway
crossings of major rail lines in trade
corridors;
(E) the extent of leveraging of Federal
funds provided under this subsection,
including--
(i) use of innovative financing;
(ii) combination with funding
provided under other sections of this
Act and title 23, United States Code;
and
(iii) combination with other
sources of Federal, State, local, or
private funding including State, local,
and private matching funds;
(F) the value of the cargo carried by
commercial vehicle traffic, to the extent that
the value of the cargo and congestion impose
economic costs on the Nation's economy; and
(G) encourage or facilitate major
multistate or regional mobility and economic
growth and development in areas underserved by
existing highway infrastructure.
(c) Purposes.--Allocations may be made under this section
for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design
activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for
corridors described in subsection (b).
(5) After review by the Secretary of a development
and management plan for the corridor or a usable
component thereof under subsection (b)--
(A) environmental review; and
(B) construction.
(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation
under this section shall develop, and submit to the Secretary
for review, a development and management plan for the corridor
or a usable component thereof with respect to which the
allocation is being made. Such plan shall include, at a
minimum, the following elements:
(1) A complete and comprehensive analysis of
corridor costs and benefits.
(2) A coordinated corridor development plan and
schedule, including a timetable for completion of all
planning and development activities, environmental
reviews and permits, and construction of all segments.
(3) A finance plan, including any innovative
financing methods and, if the corridor is a multistate
corridor, a State-by-State breakdown of corridor
finances.
(4) The results of any environmental reviews and
mitigation plans.
(5) The identification of any impediments to the
development and construction of the corridor, including
any environmental, social, political and economic
objections.
In the case of a multistate corridor, the Secretary shall
encourage all States having jurisdiction over any portion of
such corridor to participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by
section 1101 of this Act to carry out this section and section
1119 shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
(f) Coordination of Planning.--Planning with respect to a
corridor under this section shall be coordinated with
transportation planning being carried out by the States and
metropolitan planning organizations along the corridor and, to
the extent appropriate, with transportation planning being
carried out by Federal land management agencies, by tribal
governments, or by government agencies in Mexico or Canada.
(g) State Defined.--In this section, the term ``State'' has
the meaning such term has under section 101 of title 23, United
States Code.
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
(a) General Authority.--The Secretary shall establish and
implement a coordinated border infrastructure program under
which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the
boundaries of 1 or more border States for projects to improve
the safe movement of people and goods at or across the border
between the United States and Canada and the border between the
United States and Mexico.
(b) Eligible Uses.--Allocations to States and metropolitan
planning organizations under this section may only be used in a
border region for--
(1) improvements to existing transportation and
supporting infrastructure that facilitate cross-border
vehicle and cargo movements;
(2) construction of highways and related safety and
safety enforcement facilities that will facilitate
vehicle and cargo movements related to international
trade;
(3) operational improvements, including
improvements relating to electronic data interchange
and use of telecommunications, to expedite cross border
vehicle and cargo movement;
(4) modifications to regulatory procedures to
expedite cross border vehicle and cargo movements;
(5) international coordination of planning,
programming, and border operation with Canada and
Mexico relating to expediting cross border vehicle and
cargo movements; and
(6) activities of Federal inspection agencies.
(c) Selection Criteria.--The Secretary shall make
allocations under this section on the basis of--
(1) expected reduction in commercial and other
motor vehicle travel time through an international
border crossing as a result of the project;
(2) improvements in vehicle and highway safety and
cargo security related to motor vehicles crossing a
border with Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and
approaches;
(4) leveraging of Federal funds provided under this
section, including use of innovative financing,
combination of such funds with funding provided under
other sections of this Act, and combination with other
sources of Federal, State, local, or private funding;
(5) degree of multinational involvement in the
project and demonstrated coordination with other
Federal agencies responsible for the inspection of
vehicles, cargo, and persons crossing international
borders and their counterpart agencies in Canada and
Mexico;
(6) improvements in vehicle and highway safety and
cargo security in and through the gateway or affected
port of entry concerned;
(7) the degree of demonstrated coordination with
Federal inspection agencies;
(8) the extent to which the innovative and problem
solving techniques of the proposed project would be
applicable to other border stations or ports of entry;
(9) demonstrated local commitment to implement and
sustain continuing comprehensive border or affected
port of entry planning processes and improvement
programs; and
(10) such other factors as the Secretary determines
are appropriate to promote border transportation
efficiency and safety.
(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of
General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years
1998 through 2001, not more than $10,000,000 of the amounts
made available by section 1101 to carry out this section and
section 1118 to the Administrator of General Services for the
construction of transportation infrastructure necessary for law
enforcement in border States.
(e) Definitions.--In this section, the following
definitions apply:
(1) Border region.--The term ``border region''
means the portion of a border State in the vicinity of
an international border with Canada or Mexico.
(2) Border state.--The term ``border State'' means
any State that has a boundary in common with Canada or
Mexico.
Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended
to read as follows:
``(a) Definitions.--In this title, the following
definitions apply:
``(1) Apportionment.--The term `apportionment'
includes unexpended apportionments made under prior
authorization laws.
``(2) Carpool project.--The term `carpool project'
means any project to encourage the use of carpools and
vanpools, including provision of carpooling
opportunities to the elderly and individuals with
disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway
lanes as preferential carpool highway lanes, providing
related traffic control devices, and designating
existing facilities for use for preferential parking
for carpools.
``(3) Construction.--The term `construction' means
the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
``(A) locating, surveying, and mapping
(including the establishment of temporary and
permanent geodetic markers in accordance with
specifications of the National Oceanic and
Atmospheric Administration of the Department of
Commerce);
``(B) resurfacing, restoration, and
rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway
grade crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate
and control traffic flow, such as grade
separation of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; and
``(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses.
``(4) County.--The term `county' includes
corresponding units of government under any other name
in States that do not have county organizations and, in
those States in which the county government does not
have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--The term `Federal-aid
highway' means a highway eligible for assistance under
this chapter other than a highway classified as a local
road or rural minor collector.
``(6) Federal-aid system.--The term `Federal-aid
system' means any of the Federal-aid highway systems
described in section 103.
``(7) Federal lands highway.--The term `Federal
lands highway' means a forest highway, public lands
highway, park road, parkway, refuge road, and Indian
reservation road that is a public road.
``(8) Forest development roads and trails.--The
term `forest development roads and trails' means forest
roads and trails under the jurisdiction of the Forest
Service.
``(9) Forest highway.--The term `forest highway'
means a forest road under the jurisdiction of, and
maintained by, a public authority and open to public
travel.
``(10) Forest road or trail.--The term `forest road
or trail' means a road or trail wholly or partly
within, or adjacent to, and serving the National Forest
System that is necessary for the protection,
administration, and utilization of the National Forest
System and the use and development of its resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-
highway crossing, tunnel, drainage structure,
sign, guardrail, and protective structure, in
connection with a highway; and
``(C) a portion of any interstate or
international bridge or tunnel and the
approaches thereto, the cost of which is
assumed by a State transportation department,
including such facilities as may be required by
the United States Customs and Immigration
Services in connection with the operation of an
international bridge or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located
within or provides access to an Indian reservation or
Indian trust land or restricted Indian land that is not
subject to fee title alienation without the approval of
the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and
Alaskan Natives reside, whom the Secretary of the
Interior has determined are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.
``(13) Interstate system.--The term `Interstate
System' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
``(14) Maintenance.--The term `maintenance' means
the preservation of the entire highway, including
surface, shoulders, roadsides, structures, and such
traffic-control devices as are necessary for safe and
efficient utilization of the highway.
``(15) Maintenance area.--The term `maintenance
area' means an area that was designated as a
nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agency as
an attainment area, under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National
Highway System' means the Federal-aid highway system
described in section 103(b).
``(17) Operating costs for traffic monitoring,
management, and control.--The term `operating costs for
traffic monitoring, management, and control' includes
labor costs, administrative costs, costs of utilities
and rent, and other costs associated with the
continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term
`operational improvement'--
``(A) means (i) a capital improvement for
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, and transportation demand management
facilities, strategies, and programs, and (ii)
such other capital improvements to public roads
as the Secretary may designate, by regulation;
and
``(B) does not include resurfacing,
restoring, or rehabilitating improvements,
construction of additional lanes, interchanges,
and grade separations, and construction of a
new facility on a new location.
``(19) Park road.--The term `park road' means a
public road, including a bridge built primarily for
pedestrian use, but with capacity for use by emergency
vehicles, that is located within, or provides access
to, an area in the National Park System with title and
maintenance responsibilities vested in the United
States.
``(20) Parkway.--The term `parkway', as used in
chapter 2 of this title, means a parkway authorized by
Act of Congress on lands to which title is vested in
the United States.
``(21) Project.--The term `project' means an
undertaking to construct a particular portion of a
highway, or if the context so implies, the particular
portion of a highway so constructed or any other
undertaking eligible for assistance under this title.
``(22) Project agreement.--The term `project
agreement' means the formal instrument to be executed
by the State transportation department and the
Secretary as required by section 106.
``(23) Public authority.--The term `public
authority' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
``(24) Public lands development roads and trails.--
The term `public lands development roads and trails'
means those roads and trails that the Secretary of the
Interior determines are of primary importance for the
development, protection, administration, and
utilization of public lands and resources under the
control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public
lands highway' means a forest road under the
jurisdiction of and maintained by a public authority
and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority
and open to public travel.
``(26) Public lands highways.--The term `public
lands highways' means those main highways through
unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, which are
on the Federal-aid systems.
``(27) Public road.--The term `public road' means
any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
``(28) Refuge road.--The term `refuge road' means a
public road that provides access to or within a unit of
the National Wildlife Refuge System and for which title
and maintenance responsibility is vested in the United
States Government.
``(29) Rural areas.--The term `rural areas' means
all areas of a State not included in urban areas.
``(30) Safety improvement project.--The term
`safety improvement project' means a project that
corrects or improves high hazard locations, eliminates
roadside obstacles, improves highway signing and
pavement marking, installs priority control systems for
emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes,
or installs traffic control or warning devices at
locations with high accident potential.
``(31) Secretary.--The term `Secretary' means
Secretary of Transportation.
``(32) State.--The term `State' means any of the 50
States, the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds'
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
``(34) State transportation department.--The term
`State transportation department' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
``(35) Transportation enhancement activities.--The
term `transportation enhancement activities' means,
with respect to any project or the area to be served by
the project, any of the following activities if such
activity relates to surface transportation: provision
of facilities for pedestrians and bicycles, provision
of safety and educational activitiesfor pedestrians and
bicyclists, acquisition of scenic easements and scenic or historic
sites, scenic or historic highway programs (including the provision of
tourist and welcome center facilities), landscaping and other scenic
beautification, historic preservation, rehabilitation and operation of
historic transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of abandoned
railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor
advertising, archaeological planning and research, environmental
mitigation to address water pollution due to highway runoff or reduce
vehicle-caused wildlife mortality while maintaining habitat
connectivity, and establishment of transportation museums.
``(36) Urban area.--The term `urban area' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
``(37) Urbanized area.--The term `urbanized area'
means an area with a population of 50,000 or more
designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways
and'' after ``construction of''; and
(B) by striking ``(other than the
Interstate System)'';
(2) in subsection (e) by striking ``, other than a
highway access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the
following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall
be given due consideration in the comprehensive
transportation plans developed by each metropolitan
planning organization and State in accordance with
sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with
all new construction and reconstruction of
transportation facilities, except where bicycle and
pedestrian use are not permitted.
``(2) Safety considerations.--Transportation plans
and projects shall provide due consideration for safety
and contiguous routes for bicyclists and pedestrians.
Safety considerations shall include the installation,
where appropriate, and maintenance of audible traffic
signals and audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized
vehicles shall'' and inserting ``Motorized vehicles may
not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local
regulations permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as
paragraph (5); and
(B) by inserting after paragraph (3) the
following:
``(4) when State or local regulations permit,
electric bicycles; and''; and
(7) by striking subsection (j) and inserting the
following:
``(j) Definitions.--In this section, the following
definitions apply:
``(1) Bicycle transportation facility.--The term
`bicycle transportation facility' means a new or
improved lane, path, or shoulder for use by bicyclists
and a traffic control device, shelter, or parking
facility for bicycles.
``(2) Electric bicycle.--The term `electric
bicycle' means any bicycle or tricycle with a low-
powered electric motor weighing under 100 pounds, with
a top motor-powered speed not in excess of 20 miles per
hour.
``(3) Pedestrian.--The term `pedestrian' means any
person traveling by foot and any mobility impaired
person using a wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a
mobility aid, usable indoors, and designed for and used
by individuals with mobility impairments, whether
operated manually or motorized.''.
(b) Design Guidance.--
(1) In general.--In implementing section 217(g) of
title 23, United States Code, the Secretary, in
cooperation with the American Association of State
Highway and Transportation Officials, the Institute of
Transportation Engineers, and other interested
organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian
travel.
(2) Issues to be addressed.--The guidance shall
address issues such as the level and nature of the
demand, volume, and speed of motor vehicle traffic,
safety, terrain, cost, and sight distance.
(3) Recommendations.--The guidance shall include
recommendations on amending and updating the policies
of the American Association of State Highway and
Transportation Officials relating to highway and street
design standards to accommodate bicyclists and
pedestrians.
(4) Time period for development.--The guidance
shall be developed within 18 months after the date of
enactment of this Act.
(c) Protection of Nonmotorized Transportation Traffic.--
Section 109(n) of such title is amended to read as follows:
``(n) Protection of Nonmotorized Transportation Traffic.--
The Secretary shall not approve any project or take any
regulatory action under this title that will result in the
severance of an existing major route or have significant
adverse impact on the safety for nonmotorized transportation
traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or
such a route exists.''.
(d) Railway-Highway Crossings.--Section 130 of such title
is amended by adding at the end the following:
``(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.''.
(e) National Bicycle Safety Education Curriculum.--
(1) Development.--The Secretary is authorized to
develop a national bicycle safety educationcurriculum
that may include courses relating to on-road training.
(2) Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall
transmit to Congress a copy of the curriculum.
(3) Funding.--From amounts made available under
section 210, the Secretary may use not to exceed
$500,000 for fiscal year 1999 to carry out this
subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--To
accomplish the objective stated in paragraph (1),
metropolitan planning organizations designated under
subsection (b), in cooperation with the State and
public transit operators, shall develop transportation
plans and programs for urbanized areas of the State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an
intermodal transportation system for the State and the
United States.
``(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is
amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
``(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the central city
or cities as defined by the Bureau of the
Census); or
``(B) in accordance with procedures
established by applicable State or local law.
``(2) Structure.--Each policy board of a
metropolitan planning organization that serves an area
designated as a transportation management area, when
designated or redesignated under this subsection, shall
consist of--
``(A) local elected officials;
``(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area
(including all transportation agencies included
in the metropolitan planning organization as of
June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of
such title is amended to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such
title is amended--
(A) by striking ``among'' and inserting
``between''; and
(B) by striking ``which together'' and
inserting ``that together''.
(4) Designation of more than 1 metropolitan
planning organization.--Section 134(b)(6) of such title
is amended to read as follows:
``(6) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c)
of such title is amended--
(1) in the subsection heading by inserting
``Planning'' before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and
inserting the following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before
``area'';
(3) by striking the second sentence and all that
follows and inserting the following:
``(2) Included area.--Each metropolitan planning
area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the Governor and affected metropolitan planning
organizations in the manner described in subsection
(b)(5).
``(4) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner
described in subsection (b)(1);
``(B) shall encompass the areas described
in paragraph (2)(A);
``(C) may encompass the areas described in
paragraph (2)(B); and
``(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.'';
and
(4) by aligning paragraph (1) (as designated by
paragraph (2)(A) of this subsection) with paragraphs
(2) through (4) (as inserted by paragraph (3) of this
subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of
such title is amended to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage
each Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
``(2) Interstate compacts.--The consent of Congress
is granted to any 2 or more States--
``(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the
term `Lake Tahoe region' has the meaning given
the term `region' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
``(B) Transportation planning process.--The
Secretary shall--
``(i) establish with the Federal
land management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
``(ii) coordinate the
transportation planning process with
the planning process required of State
and local governments under this
section, section 135, and chapter 53 of
title 49.
``(C) Interstate compact.--
``(i) In general.--Subject to
clause (ii), notwithstanding subsection
(b), to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
``(ii) Involvement of federal land
management agencies.--
``(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
``(II) Funding.--In
addition to funds made
available to the metropolitan
planning organization under
other provisions of this title
and under chapter 53 of title
49, not more than 1 percent of
the funds allocated under
section 202 may be used to
carry out the transportation
planning process for the Lake
Tahoe region under this
subparagraph.
``(D) Activities.--Highway projects
included in transportation plans developed
under this paragraph--
``(i) shall be selected for funding
in a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
``(ii) may, in accordance with
chapter 2, be funded using funds
allocated under section 202.
``(4) Recipients of other assistance.--The
Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent
practicable, the design and delivery of transportation
services within the metropolitan planning area that are
provided--
``(A) by recipients of assistance under
chapter 53 of title 49; and
``(B) by governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal assistance
from a source other than the Department of
Transportation to provide nonemergency
transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is
amended--
(1) in the subsection heading by striking ``MPO's''
and inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a
project is located within the boundaries of more than 1
metropolitan planning organization, the metropolitan
planning organizations shall coordinate plans regarding
the project.''; and
(4) by aligning paragraph (1) (as designated by
paragraph (2) of this subsection) with paragraph (2)
(as added by paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such
title is amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
``(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
``(C) increase the accessibility and
mobility options available to people and for
freight;
``(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
``(E) enhance the integration and
connectivity of the transportation system,
across and between modes, for people and
freight;
``(F) promote efficient system management
and operation; and
``(G) emphasize the preservation of the
existing transportation system.
``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning
process.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such
title is amended--
(1) in paragraph (2) by striking ``, at a minimum''
and inserting ``contain, at a minimum, the following'';
(2) in paragraph (2)(A) by striking ``Identify''
and inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates
how the adopted long-range transportation plan
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
The financial plan may include, for
illustrative purposes, additional projects that
would be included in the adopted long-range
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the long-range transportation
plan, the metropolitan planning organization
and State shall cooperatively develop estimates
of funds that will be available to support plan
implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the
following: ``freight shippers, providers of
freight transportation services,''; and
(B) by inserting after ``private providers
of transportation,'' the following:
``representatives of users of public
transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative
list.--Notwithstanding paragraph (2)(B), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long
Range Plan'' and inserting ``Long-Range Transportation
Plan'';
(7) in the headings for paragraphs (2) and (5) by
striking ``long range plan'' and inserting ``long-range
transportation plan''; and
(8) by striking ``long range plan'' each place it
appears and inserting ``long-range transportation
plan''.
(h) Metropolitan Transportation Improvement Program.--
Section 134(h) of such title is amended to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the
State and any affected public transit operator,
the metropolitan planning organization
designated for a metropolitan area shall
develop a transportation improvement program
for the area for which the organization is
designated.
``(B) Opportunity for comment.--In
developing the program, the metropolitan
planning organization, in cooperation with the
State and any affected public transit operator,
shall provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, providers
of freight transportation services, private
providers of transportation, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
``(C) Funding estimates.--For the purpose
of developing the transportation improvement
program, the metropolitan planning
organization, public transit agency, and State
shall cooperatively develop estimates of funds
that are reasonably expected to be available to
support program implementation.
``(D) Updating and approval.--The program
shall be updated at least once every 2 years
and shall be approved by the metropolitan
planning organization and the Governor.
``(2) Contents.--The transportation improvement
program shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried
out within each 3-year period after the initial
adoption of the transportation improvement
program; and
``(B) a financial plan that--
``(i) demonstrates how the
transportation improvement program can
be implemented;
``(ii) indicates resources from
public and private sources that are
reasonably expected to be available to
carry out the program;
``(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
``(iv) may include, for
illustrative purposes, additional
projects that would be included in the
approved transportation improvement
program if reasonable additional
resources beyond those identified in
the financial plan were available.
``(3) Included projects.--
``(A) Projects under this chapter and
chapter 53 of title 49.--A transportation
improvement program developed under this
subsection for a metropolitan area shall
include the projects and strategies within the
area that are proposed for funding under this
chapter and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
``(4) Notice and comment.--Before approving a
transportation improvement program, a metropolitan
planning organization shall, in cooperation with the
State and any affected public transit operator, provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transit, and other interested parties with
reasonable notice of and an opportunity to comment on
the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise
provided in subsection (i)(4) and in addition
to the transportation improvement program
development required under paragraph (1), the
selection of federally funded projects for
implementation in metropolitan areas shall be
carried out, from the approved transportation
improvement program--
``(i) by--
``(I) in the case of
projects under this chapter,
the State; and
``(II) in the case of
projects under chapter 53 of
title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the
metropolitan planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
transportation improvement program in place of
another project in the program.
``(6) Selection of projects from illustrative
list.--
``(A) No required selection.--
Notwithstanding paragraph (2)(B)(iv), a State
or metropolitan planning organization shall not
be required to select any project from the
illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation
improvement programs.--A transportation
improvement program involving Government
participation shall be published or otherwise
made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of
projects.--An annual listing of projects for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the metropolitan planning
organization for public review. The listing
shall be consistent with the categories
identified in the transportation improvement
program.''.
(i) Transportation Management Areas.--
(1) Required designations.--Section 134(i)(1) of
such title is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary
shall designate as a transportation management
area each urbanized area with a population of
over 200,000 individuals.
``(B) Designations on request.--The
Secretary shall designate any additional area
as a transportation management area on the
request of the Governor and the metropolitan
planning organization designated for the
area.''.
(2) Selection of projects.--Section 134(i)(4) of
such title is amended to read as follows:
``(4) Selection of projects.--
``(A) In general.--All federally funded
projects carried out within the boundaries of a
transportation management area under this title
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under chapter 53 of
title 49 shall be selected for implementation
from the approved transportation improvement
program by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transit operator.
``(B) National highway system projects.--
Projects carried out within the boundaries of a
transportation management area on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program shall be
selected for implementation from the approved
transportation improvement program by the State
in cooperation with the metropolitan planning
organization designated for the area.''.
(3) Certification.--Section 134(i)(5) of such title
is amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan
planning process in each transportation
management area is being carried out in
accordance with applicable provisions
of Federal law; and
``(ii) subject to subparagraph (B),
certify, not less often than once every
3 years, that the requirements of this
paragraph are met with respect to the
transportation management area.
``(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
``(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
``(ii) there is a transportation
improvement program for the area that
has been approved by the metropolitan
planning organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a
metropolitan planning process is not
certified, the Secretary may withhold
up to 20 percent of the apportioned
funds attributable to the
transportation management area under
this title and chapter 53 of title 49.
``(ii) Restoration of withheld
funds.--The withheld apportionments
shall be restored to the metropolitan
area at such time as the metropolitan
planning organization is certified by
the Secretary.
``(iii) Feasibility of private
enterprise participation.--The
Secretary shall not withhold
certification under this paragraph
based on the policies and criteria
established by a metropolitan planning
organization or transit grant recipient
for determining the feasibility of
private enterprise participation in
accordance with section 5306(a) of
title 49.
``(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--
Section 134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated long-range transportation plan and
transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to
achieve the purposes of this section, taking into
account the complexity of transportation problems in
the area.
``(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or programs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).''.
(k) Additional Requirements for Certain Nonattainment
Areas.--Section 134(l) of such title is amended--
(1) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to
read as follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section
104(f) of this title to carry out sections 5303 through
5305 of title 49 shall be available to carry out this
section.
``(2) Unused funds.--Any funds that are not used to
carry out this section may be made available by the
metropolitan planning organization to the State to fund
activities under section 135.''.
(m) Continuation of Current Review Practice.--Section 134
of such title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(n) Technical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
``134. Metropolitan planning.''.
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23,
United States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
``(2) Development of plans and programs.--Subject
to section 134 of this title and sections 5303 through
5305 of title 49, each State shall develop
transportation plans and programs for all areas of the
State.
``(3) Contents.--The plans and programs for each
State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the State and an
integral part of an intermodal transportation system
for the United States.
``(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.''.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--Section 135(b) of such title is amended
by inserting after ``of this title'' the following: ``and
sections 5303 through 5305 of title 49''.
(c) Scope of Planning Process.--Section 135(c) of such
title is amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
transportation planning process that provides for
consideration of projects and strategies that will--
``(A) support the economic vitality of the
United States, the States, and metropolitan
areas, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
``(C) increase the accessibility and
mobility options available to people and for
freight;
``(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
``(E) enhance the integration and
connectivity of the transportation system,
across and between modes throughout the State,
for people and freight;
``(F) promote efficient system management
and operation; and
``(G) emphasize the preservation of the
existing transportation system.
``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning
process.''.
(d) Additional Requirements.--Section 135(d) of such title
is amended to read as follows:
``(d) Additional Requirements.--In carrying out planning
under this section, each State shall, at a minimum, consider--
``(1) with respect to nonmetropolitan areas, the
concerns of local elected officials representing units
of general purpose local government;
``(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
``(3) coordination of transportation plans,
programs, and planning activities with related planning
activities being carried out outside of metropolitan
planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such
title is amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a
long-range transportation plan, with a minimum 20-year
forecast period, for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the long-
range transportation plan shall be developed in
cooperation with the metropolitan planning
organization designated for the metropolitan
area under section 134 of this title and
section 5303 of title 49.
``(B) Nonmetropolitan areas.--With respect
to each nonmetropolitan area, the long-range
transportation plan shall be developed in
consultation with affected local officials with
responsibility for transportation.
``(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the long-range
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In
developing the long-range transportation plan, the
State shall--
``(A) provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, private
providers of transportation, representatives of
users of public transit, providers of freight
transportation services, and other interested
parties with a reasonable opportunity to
comment on the proposed plan; and
``(B) identify transportation strategies
necessary to efficiently serve the mobility
needs of people.
``(4) Financial plan.--The long-range
transportation plan may include a financial plan that
demonstrates how the adopted long-range transportation
plan can be implemented, indicates resources from
public and private sources that are reasonably expected
to be made available to carry out the plan, and
recommends any additional financing strategies for
needed projects and programs. The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(5) Selection of projects from illustrative
list.--Notwithstanding paragraph (4), a State shall not
be required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (4).''.
(f) State Transportation Improvement Program.--Section
135(f) of such title is amended to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop
a transportation improvement program for all
areas of the State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With
respect to each metropolitan area in
the State, the program shall be
developed in cooperation with the
metropolitan planning organization
designated for the metropolitan area
under section 134 of this title and
section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With
respect to each nonmetropolitan
area in the State, the program
shall be developed in
consultation with affected
local officials with
responsibility for
transportation.
``(II) Review.--Not later
than 1 year after the date of
enactment of this subclause,
the State shall submit to the
Secretary the details of the
consultative planning process
developed by the State for
nonmetropolitan areas under
subclause (I). The Secretary
shall not review or approve
such process.
``(iii) Indian tribal areas.--With
respect to each area of the State under
the jurisdiction of an Indian tribal
government, the program shall be
developed in consultation with the
tribal government and the Secretary of
the Interior.
``(C) Participation by interested
parties.--In developing the program, the
Governor shall provide citizens, affected
public agencies, representatives of
transportation agency employees, freight
shippers, private providers of transportation,
providers of freight transportation services,
representatives of users of public transit, and
other interested parties with a reasonable
opportunity to comment on the proposed program.
``(2) Included projects.--
``(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include federally
supported surface transportation expenditures
within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be--
``(i) consistent with the long-
range transportation plan developed
under this section for the State;
``(ii) identical to the project as
described in an approved metropolitan
transportation improvement program; and
``(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as nonattainment for
ozone or carbon monoxide under such
Act.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
``(E) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.The
financial plan may include, for illustrative purposes, additional
projects that would be included in the adopted transportation plan if
reasonable additional resources beyond those identified in the
financial plan were available.
``(F) Selection of projects from
illustrative list.--
``(i) No required selection.--
Notwithstanding subparagraph (E), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E).
``(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E)
for inclusion in an approved
transportation improvement program.
``(G) Priorities.--The program shall
reflect the priorities for programming and
expenditures of funds, including transportation
enhancement activities, required by this title.
``(3) Project selection for areas of less than
50,000 population.--
``(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals (excluding projects carried out on
the National Highway System and projects
carried out under the bridge program or the
Interstate maintenance program) shall be
selected, from the approved statewide
transportation improvement program, by the
State in cooperation with the affected local
officials.
``(B) National highway system projects.--
Projects carried out in areas described in
subparagraph (A) on the National Highway System
and projects carried out in such areas under
the bridge program or the Interstate
maintenance program shall be selected, from the
approved statewide transportation improvement
program, by the State in consultation with the
affected local officials.
``(4) Biennial review and approval.--A
transportation improvement program developed under this
subsection shall be reviewed and, on a finding that the
planning process through which the program was
developed is consistent with this section, section 134,
and sections 5303 through 5305 of title 49, approved
not less frequently than biennially by the Secretary.
``(5) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved statewide
transportation improvement program in place of another
project in the program.''.
(g) Funding.--Section 134(g) of such title is amended by
striking ``section 307(c)(1)'' and inserting ``section
505(a)''.
(h) Continuation of Current Review Practice.--Section 135
of such title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described inthis section shall not be considered to be a
Federal action subject to review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(i) Participation of Local Elected Officials.--
(1) Study.--The Secretary shall conduct a study on
the effectiveness of the participation of local elected
officials in transportation planning and programming.
In conducting the study, the Secretary shall consider
the degree of cooperation between each State, local
officials in rural areas in the State, and regional
planning and development organizations in the State.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report containing the results of the
study with any recommendations the Secretary determines
appropriate as a result of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23,
United States Code, is amended in clauses (i) and (ii) of
subparagraph (B) by striking ``, except to'' each place it
appears and all that follows through the period at the end and
inserting a period.
(b) Selection Process.--Section 112 of title 23, United
States Code, is amended by adding at the end the following:
``(g) Selection Process.--A State may procure, under a
single contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well as
subsequent engineering and design work on the project if the
State conducts a review that assesses the objectivity of the
environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting
after subsection (a) the following:
``(b) Access of Motorcycles.--No State or political
subdivision of a State may enact or enforce a law that applies
only to motorcycles and the principal purpose of which is to
restrict the access of motorcycles to any highway or portion of
a highway for which Federal-aid highway funds have been
utilized for planning, design, construction, or maintenance.
Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate
motorcycles for safety.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Ferry Operating and Leasing Amendments.--Section
129(c)(3) of title 23, United States Code, is amended by
striking ``owned.'' and inserting ``owned or operated or
majority publicly owned if the Secretary determines with
respect to a majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal facility
provides substantial public benefits.''; and
(b) Reauthorization.--Section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005) is amended--
(1) in the second sentence of subsection (c) by
striking ``Such sums'' and inserting ``Sums made
available to carry out this section'';
(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(3) by inserting after subsection (c) the
following:
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made
available to carry out this section for each offiscal
years 1999 through 2003 shall be obligated for the construction or
refurbishment of ferry boats and ferry terminal facilities and
approaches to such facilities within marine highway systems that are
part of the National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Alaska.''.
``(3) New jersey.--$5,000,000 of the $20,000,000
for a fiscal year made available under paragraph (1)
shall be made available to the State of New Jersey.''.
``(4) Washington.--$5,000,000 of the $20,000,000
for a fiscal year made available under paragraph (1)
shall be made available to the State of Washington.''.
(c) Study.--
(1) In general.--The Secretary shall conduct a
study of ferry transportation in the United States and
its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes
served; and
(ii) the source and amount, if any,
of funds derived from Federal, State,
or local government sources supporting
ferry construction or operations;
(B) to identify potential domestic ferry
routes in the United States and its possessions
and to develop information on those routes; and
(C) to identify the potential for use of
high-speed ferry services and alternative-
fueled ferry services.
(2) Report.--The Secretary shall submit a report on
the results of the study to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section
140(a) of title 23, United States Code, is amended by inserting
after the third sentence the following: ``In implementing such
programs, a State may reserve training positions for persons
who receive welfare assistance from such State; except that the
implementation of any such program shall not cause current
employees to be displaced or current positions to be supplanted
or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program
registered with the Department of Labor or the appropriate
State agency from being referred to, or hired on, projects
funded under this title without regard to the length of time of
their participation in such program.''.
(b) Highway Training.--Section 140(b) of such title is
amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the
following: ``, and to develop and fund summer
transportation institutes''; and
(2) in the second sentence by striking ``104(b)''
and inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is
amended by striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is
amended--
(1) by striking ``A State'' and inserting the
following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission
vehicles.--Notwithstanding paragraph (1), before
September 30, 2003, a State may permit a vehicle with
fewer than 2 occupants to operate in high occupancy
vehicle lanes if the vehicle is certified as an
Inherently Low-Emission Vehicle pursuant to title 40,
Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title.
Such permission may be revoked by the State should the
State determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this
subsection).
SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an
advanced travel forecasting procedures program--
(1) to provide for completion of the advanced
transportation model developed under the Transportation
Analysis Simulation System (referred to in this section
as ``TRANSIMS''); and
(2) to provide support for early deployment of the
advanced transportation modeling computer software and
graphics package developed under TRANSIMS and the
program established under this section to States, local
governments, and metropolitan planning organizations
with responsibility for travel modeling.
(b) Eligible Activities.--The Secretary shall use funds
made available under this section to--
(1) provide funding for completion of core
development of the advanced transportation model;
(2) develop user-friendly advanced transportation
modeling computer software and graphics packages;
(3) provide training and technical assistance with
respect to the implementation and application of the
advanced transportation model to States, local
governments, and metropolitan planning organizations
with responsibility for travel modeling; and
(4) allocate funds to not more than 12 entities
described in paragraph (3), representing a diversity of
populations and geographic regions, for a pilot program
to enable transportation management areas designated
under section 134(i) of title 23, United States Code,
to convert from the use of travel forecasting
procedures in use by the areas as of the date of
enactment of this Act to the use of the advanced
transportation model.
(c) Funding.--
(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$4,000,000 for fiscal year 1998, $3,000,000 for fiscal
year 1999, $6,500,000 for fiscal year 2000, $5,000,000
for fiscal year 2001, $4,000,000 for fiscal year 2002,
and $2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each
of fiscal years 1998 and 1999, 100 percent of
the funds made available under paragraph (1)
shall be allocated to activities in described
in paragraphs (1), (2), and (3) of subsection
(b).
(B) Fiscal years 2000 through 2003.--For
each of fiscal years 2000 through 2003, not
more than 50 percent of the funds made
available under paragraph (1) may be allocated
to activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the Federal share of the cost of--
(A) any activity described in paragraph
(1), (2), or (3) of subsection (b) shall not
exceed 100 percent; and
(B) any activity described in subsection
(b)(4) shall not exceed 80 percent.
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.)
is amended by adding at the end the following:
``(3) Pennsylvania station redevelopment
corporation board of directors.--In furtherance of the
redevelopment of the James A. Farley Post Office in New
York, New York, into an intermodal transportation
facility and commercial center, the Secretary, the
Administrator of the Federal Railroad Administration,
or their designees are authorized to serve as ex
officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.''.
(b) Union Station Redevelopment Corporation Board of
Directors.--Subtitle B of title I of the National Visitor
Center Facilities Act of 1968 (40 U.S.C. 811 et seq.) is
amended by adding at the end the following:
``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.
``To further the rehabilitation, redevelopment and
operation of the Union Station complex, the Secretary of
Transportation, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
(c) Safety Belt Use Law Requirements.--Section 355 of the
National Highway System Designation Act of 1995 (109 Stat. 624)
is amended--
(1) in the section heading by striking ``AND
MAINE'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire
and Maine shall each'' and inserting ``State of
New Hampshire shall''; and
(B) in paragraph (1) by striking ``and
1996'' and inserting ``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(d) Metric Conversion at State Option.--Section 205(c)(2)
of the National Highway System Designation Act of 1995 (23
U.S.C. 109 note; 109 Stat. 577) is amended by striking ``Before
September 30, 2000, the'' and inserting ``The''.
(e) Right-of-Way Revolving Fund.--
(1) Termination.--Section 108 of title 23, United
States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as
subsection (c).
(2) Transition provision.--
(A) In general.--Funds advanced to a State
by the Secretary from the right-of-way
revolving fund established by section 108(c) of
title 23, United States Code, prior to the date
of enactment of this Act shall remain available
to the State for use on the projects for which
the funds were advanced for a period of 20
years from the date on which the funds were
advanced.
(B) Credit to highway trust fund.--With
respect to a project for which funds have been
advanced from the right-of-way revolving fund,
upon the termination of the 20-year period
referred to in subparagraph (A), when actual
construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the
project on the right-of-way, whichever occurs
first--
(i) the Highway Trust Fund (other
than the Mass Transit Account) shall be
credited with an amount equal to the
Federal share of the funds advanced, as
provided in section 120 of title 23,
United States Code, out of any Federal-
aid highway funds apportioned to the
State in which the project is located
and available for obligation for
projects of the type funded; and
(ii) the State shall reimburse the
Secretary in an amount equal to the
non-Federal share of the funds advanced
for deposit in, and credit to, the
Highway Trust Fund (other than the Mass
Transit Account).
(g) Pilot Toll Collection Program.--Section 129 of title
23, United States Code, is amended by striking subsection (d).
(h) Congressional Bridge Commissions.--Public Law 87-441
(76 Stat. 59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2032-2033) is amended--
(A) by striking paragraph
(5)(B)(iii)(I)(ff) and inserting the following:
``(ff) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina, including a
connection to Andrews following
the route 41 corridor and to
Camden following the U.S. Route
521 corridor; and'';
(B) by striking paragraph
(5)(B)(iii)(II)(hh) and inserting the
following:
``(hh) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina.'';
(C) in paragraph (9) by inserting after
``New York'' the following: ``, including
United States Route 322 between United States
Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor
from Indianapolis,'' and inserting the
following:
``(18) Corridor from Sarnia, Ontario, Canada,
through Port Huron, Michigan, southwesterly along
Interstate Route 69 through Indianapolis,''; and
(ii) by striking ``and to include''
and inserting the following: ``as
follows:
``(A) In Michigan, the corridor shall be
from Sarnia, Ontario, Canada, southwesterly
along Interstate Route 94 to the Ambassador
Bridge interchange in Detroit, Michigan.
``(B) In Michigan and Illinois, the
corridor shall be from Windsor, Ontario,
Canada, through Detroit, Michigan, westerly
along Interstate Route 94 to Chicago, Illinois.
``(C) In Tennessee, Mississippi, Arkansas,
and Louisiana, the Corridor shall--
``(i) follow the alignment
generally identified in the Corridor 18
Special Issues Study Final Report; and
``(ii) include a connection between
the Corridor in the vicinity of
Monticello, Arkansas, to Pine Bluff,
Arkansas.
``(D) In the Lower Rio Grande Valley, the
Corridor shall--
``(i) include United States Route
77 from the Rio Grande River to
Interstate Route 37 at Corpus Christi,
Texas, and then to Victoria, Texas, via
United States Route 77;
``(ii) include United States Route
281 from the Rio Grande River to
Interstate Route 37 and then to
Victoria, Texas, via United States
Route 59; and
``(iii) include'';
(E) in paragraph (21) by striking ``United
States Route 17 in the vicinity of Salamanca,
New York'' and inserting ``Interstate Route
80'';
(F) by inserting ``, including I-29 between
Kansas City and the Canadian border'' before
the period at the end of paragraph (23); and
(G) by inserting after paragraph (29) the
following:
``(30) Interstate Route 5 in the States of
California, Oregon, and Washington, including
California State Route 905 between Interstate Route 5
and the Otay Mesa Port of Entry.
``(31) The Mon-Fayette Expressway and Southern
Beltway in Pennsylvania and West Virginia.
``(32) The Wisconsin Development Corridor from the
Iowa, Illinois, and Wisconsin border near Dubuque,
Iowa, to the Upper Mississippi River Basin near Eau
Claire, Wisconsin, as follows:
``(A) United States Route 151 from the Iowa
border to Fond du Lac via Madison, Wisconsin,
then United States Route 41 from Fond du Lac to
Marinette via Oshkosh, Appleton, and Green Bay,
Wisconsin.
``(B) State Route 29 from Green Bay to I-94
via Wausau, Chippewa Falls, and Eau Claire,
Wisconsin.
``(C) United States Route 10 from Appleton
to Marshfield, Wisconsin.
``(33) The Capital Gateway Corridor following
United States Route 50 from the proposed intermodal
transportation center connected to I-395 in Washington,
D.C., to the intersection of United States Route 50
with Kenilworth Avenue and the Baltimore-Washington
Parkway in Maryland.
``(34) The Alameda Corridor East and Southwest
Passage, California. The Alameda Corridor East is
generally described as 52.8 miles from east Los Angeles
(terminus of Alameda Corridor) through the San Gabriel
Valley terminating at Colton Junction in San
Bernardino. The Southwest Passage shall follow I-10
from San Bernardino to the Arizona State line and I-8
from San Diego to the Arizona State line.
``(35) Everett-Tacoma FAST Corridor.
``(36) New York and Pennsylvania State Route 17
from Harriman, New York, to its intersection with I-90
in Pennsylvania.
``(37) United States Route 90 from I-49 in
Lafayette, Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the
Mexican Border via I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree,
Arkansas, to I-55.
``(40) The Greensboro Corridor from Danville,
Virginia, to Greensboro, North Carolina, along United
States Route 29.
``(41) The Falls-to-Falls Corridor--United States
Route 53 from International Falls on the Minnesota/
Canada border to Chippewa Falls, Wisconsin.
``(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55
near Batesville, Mississippi, to the intersection with
Corridor X of the Appalachian development highway
system near Fulton, Mississippi, and the portion of
Corridor X of the Appalachian development highway
system from near Fulton, Mississippi, to the
intersection with Interstate Route 65 near Birmingham,
Alabama.
``(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State
border.''.
(2) Provisions applicable to corridors.--Section
1105(e)(5)(A) of such Act is amended--
(A) by inserting after ``referred to'' the
first place it appears the following: ``in
subsection (c)(1),'';
(B) by striking ``and'' the second place it
appears; and
(C) by inserting after ``(c)(20)'' the
following: ``, in subsection (c)(36), in
subsection(c)(37), in subsection (c)(40), and
in subsection (c)(42)''.
(3) Routes.--Section 1105(e)(5) of such Act is
further amended--
(A) in subparagraph (A) by inserting
``(except with respect to Georgetown County)''
before ``(iii)'';
(B) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Routes.--
``(i) Designation.--The routes
referred to in subsections (c)(18) and
(c)(20) shall be designated as
Interstate Route I-69. A State having
jurisdiction over any segment of routes
referred to in subsections (c)(18) and
(c)(20) shall erect signs identifying
such segment that is consistent with
the criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route I-69, including
segments of United States Route 59 in
the State of Texas. The segment
identified in subsection (c)(18)(B)(i)
shall be designated as Interstate Route
I-69 East, and the segment identified
in subsection (c)(18)(B)(ii) shall be
designated as Interstate Route I-69
Central. The State of Texas shall erect
signs identifying such routes as
segments of future Interstate Route I-
69.
``(ii) Rulemaking to determine
future interstate sign erection
criteria.--The Secretary shall conduct
a rulemaking to determine the
appropriate criteria for the erection
of signs for future routes on the
Interstate System identified in
subparagraph (A). Such rulemaking shall
be undertaken in consultation with
States and local officials and shall be
completed not later than December 31,
1998.'';
(D) by striking the last sentence of
subparagraph (A) and inserting it as the first
sentence of subparagraph (B)(i) (as inserted by
subparagraph (C) of this paragraph); and
(E) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph), by
striking ``(C)'' and inserting ``(D)''.
(j) Winter Home Heating Oil Delivery.--Section 346 of the
National Highway System Designation Act of 1995 (109 Stat. 615-
616) is amended--
(1) in subsection (a) by striking ``season in the
6-month period beginning on November 1, 1996'' and
inserting ``seasons in the 18-month period beginning on
November 1, 1998''; and
(2) by adding at the end the following:
``(g) Study.--Not later than 1 year after the completion of
the pilot program, the Secretary shall submit to Congress a
report on the results of the program, including an assessment
of any impact on public safety.''.
(k) Future Corridor Segment.--
(1) Study.--The Secretary shall conduct a study to
determine the feasibility of providing an Interstate
quality road for a route that runs in south/west
direction generally along United States Route 61 and
crosses the Mississippi River in the vicinity of
Memphis, Tennessee, to Highway 79 and generally follows
Highway 79 to Pine Bluff, Arkansas.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $500,000 for fiscal year 1999
to carry out the study.
(3) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended.
(l) Baton Rouge, Louisiana.--
(1) Reduction in scope of project.--Section 149(a)
of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 181-198) is amended
in paragraph (47)(B)--
(A) by inserting ``and'' after the
semicolon at the end of clause (i);
(B) by striking ``; and'' at the end of
clause (ii) and inserting a period; and
(C) by striking clause (iii).
(2) Applicability of obligation limitation.--
Notwithstanding any other provision of law, the project
described in section 149(a)(47)(B) of such Act shall be
subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs.
(m) Amendments to Surface Transportation Assistance Act of
1982.--Section 146 of the Surface Transportation Assistance Act
of 1982 (96 Stat. 2130), relating to lane restrictions, is
repealed.
(n) Substitute Project.--Section 1045 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1994)
is amended in subsection (a)--
(1) by striking ``(a) Approval of Project.--
Notwithstanding'' and inserting the following:
``(a) Approval of Project.--
``(1) Notwithstanding''; and
(2) by adding at the end the following new
paragraph:
``(2) Notwithstanding paragraph (1) and subsection
(c) of this section, upon the request of the Governor
of the State of Wisconsin, submitted by October 1,
2000, the Secretary shall approve 1 or more substitute
projects in lieu of the substitute project approved by
the Secretary under paragraph (1) and subsection (c) of
this section.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United
States Code, is amended--
(A) in subsection (a) by striking the
second sentence; and
(B) by striking subsection (b) and
inserting the following:
``(b) Effect of Compliance.--Compliance with subsection (a)
shall have no effect on the eligibility of costs.''.
(2) Change in term defined.--
(A) In general.--Title 23, United States
Code, is amended--
(i) by striking ``State highway
department'' each place it appears and
inserting ``State transportation
department''; and
(ii) by striking ``State highway
departments'' each place it appears and
inserting ``State transportation
departments''.
(B) Conforming amendments.--
(i) The analysis for chapter 3 of
title 23, United States Code, is
amended in the item relating to section
302 by striking ``highway'' and
inserting ``transportation''.
(ii) Section 302 of title 23,
United States Code, is amended in the
section heading by striking ``highway''
and inserting ``transportation''.
(iii) Section 201(b) of the
Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the
second sentence by striking ``State
highway department'' and inserting
``State transportation department''.
(iv) Section 138(c) of the Surface
Transportation Assistance Act of 1978
(40 U.S.C. App. (note to section 201 of
the Appalachian Regional Development
Act of 1965); 92 Stat. 2710) is amended
in the first sentence--
(I) by striking ``Federal-
aid primary system'' and
inserting ``National Highway
System''; and
(II) by striking ``State
highway department'' and
inserting ``State
transportation department''.
(b) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to
fund the production, in cooperation with a not-for-
profit national public television station and the
National Academy of Engineering, of a documentary about
infrastructure that shall demonstrate how public works
and infrastructure projects stimulate job growth and
the economy and contribute to the general welfare of
the Nation.
(2) Federal share.--
(A) In general.--The Federal share of the
cost of production of the documentary shall be
60 percent. The non-Federal share shall be
provided from private sources and shall include
amounts expended by such sources for the
production before the date of enactment of this
Act.
(B) Calculation.--The calculation of the
Federal and non-Federal shares under this
paragraph shall be made over the term for which
sums are authorized to be appropriated under
paragraph (3).
(3) Funding.--There is authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$888,000 for fiscal year 1998, and $1,000,000 for each
of fiscal years 1999 and 2000. Such funds shall remain
available until expended.
(4) Applicability of title 23.--Funds authorized by
this paragraph shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection and the availability of funds authorized by
this subsection shall be determined in accordance with
this subsection.
(c) Mass Transportation Buses.--Section 1023(h)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 127 note) is amended by striking ``the date on which''
and all that follows through ``1995'' and inserting ``October
1, 2003''.
(d) Vehicle Weight Limitations.
(1) In general.--Section 127(a) of title 23, United
States Code, is amended--
(A) by inserting before the next to the
last sentence the following: ``With respect to
the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall
be considered a nondivisible load.''; and
(B) by adding at the end the following:
``The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross
vehicle weight of up to 100,000 pounds for the
hauling of sugarcane during the harvest season,
not to exceed 100 days annually. With respect
to Interstate Route 95 in the State of New
Hampshire, State laws (including
regulations)concerning vehicle weight limitations that were in effect
on January 1, 1987, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the requirements of
this subsection. With respect to that portion of the Maine Turnpike
designated Interstate Route 95 and 495, and that portion of Interstate
Route 95 from the southern terminus of the Maine Turnpike to the New
Hampshire State line, laws (including regulations) of the State of
Maine concerning vehicle weight limitations that were in effect on
October 1, 1995, and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the requirements of
this subsection.''.
(2) Studies.--
(A) Colorado.--
(i) In general.--In consultation
with the Secretary, the State of
Colorado shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(A), including the impact
of not having such an exemption. In
preparing the study, the State shall
provide adequate opportunity for public
comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation
with the Secretary, the State of
Louisiana shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(B), including the impact
of not having such an exemption. In
preparing the study, the State shall
provide adequate opportunity for public
comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(C) Maine.--
(i) In general.--In consultation
with the Secretary, the State of Maine
shall conduct a study analyzing the
economic, safety, and infrastructure
impacts of the exemption provided by
the amendment made by paragraph (1)(B),
including the impact of not having such
an exemption. In preparing the study,
the State shall provide adequate
opportunity for public comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation
with the Secretary, the State of New
Hampshire shall conduct a study
analyzing the economic, safety, and
infrastructure impacts of the exemption
provided by the amendment made by
paragraph (1)(B), including the impact
of not having such an exemption. In
preparing the study, theState shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) $200,000 for fiscal year 1999
to carry out the study.
(E) Applicability of title 23, united
states code.--Funds authorized by this
paragraph shall be available for obligation in
the same manner as if such funds were
apportioned under chapter 1 of title 23, United
States Code; except that such funds shall
remain available until expended.
(k) Driver Training and Safety Center.--
(1) In general.--The Secretary shall make grants to
establish a driver training and safety center at
Connellsville, Pennsylvania.
(2) Purpose.--The purpose of the facility shall be
to train and enhance the driving skills of motor
vehicle and emergency vehicle operators.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $2,500,000 for each of fiscal years 1999
through 2001.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the funds shall remain available until expended.
(l) Ohio River Welcome Center.--
(1) In general.--The Secretary shall make grants to
establish a welcome center in Point Pleasant, West
Virginia.
(2) Access.--The center shall be accessible by
motor vehicle, bicycle, pedestrian walkway, and river
transportation.
(3) Facilities.--The center shall include a comfort
station, picnic and sitting plaza, a small
amphitheater, a deep river port, a marina, and a
walking trail.
(4) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $412,900 for fiscal year 1999, $1,362,500
for fiscal year 2000, and $699,500 for fiscal year
2001.
(5) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the Federal share of the cost of activities carried out
using the funds shall be 50 percent and the funds shall
remain available until expended.
(m) Project Flexibility for Minnesota.--Notwithstanding any
other provision of law, funds allocated for a project in the
State of Minnesota under section 117 of title 23, United States
Code, may be obligated for any other project in the State for
which funds are so allocated; except that the total amount of
funds authorized for any project for which funds are so
allocated shall not be reduced.
(n) Baltimore Washington Parkway.--Notwithstanding any
other provision of law, the Federal share of the cost of a
project for which funds are allocated under section 117 of
title 23, United States Code, for renovation and construction
of the Baltimore Washington Parkway in Prince Georges County,
Maryland, shall be 100 percent.
(o) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall make grants to
a national, not-for-profit organization engaged in
promoting bicycle and pedestrian safety--
(A) to operate a national bicycle and
pedestrian clearinghouse;
(B) to develop information and educational
programs; and
(C) to disseminate techniques and
strategies for improving bicycle and pedestrian
safety.
(D) Authorization of appropriations.--There
is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $500,000
for each of fiscal years 1998 through 2003.
(E) Applicability of title 23.--Funds
authorized by this subsection shall be
available for obligation in the same manner as
if such funds were apportioned under chapter 1
of title 23, United States Code, except that
the funds shall remain available until
expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a
heavy equipment operator training facility in Hibbing,
Minnesota. The purpose of the facility shall be to
develop an appropriate curriculum for training, and to
train operators and future operators of heavy equipment
in the safe use of such equipment.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $500,000 for
each of fiscal years 1998 and 1999 to carry out this
subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of establishment of the facility under this
subsection shall be 80 percent and such funds shall
remain available until expended.
(q) Motor Carrier Operator Vehicle and Training Facility.--
(1) Establishment.--The Secretary shall make grants
to the State of Pennsylvania to establish and operate
an advanced tractor trailer safety and operator
training facility in Chambersburg, Pennsylvania. The
purpose of the facility shall be to develop and
coordinate an advance curriculum for the training of
operators and future operators of tractor trailers. The
facility shall conduct training on the test track at
Letterkenny Army Depot and the unused segment of the
Pennsylvania Turnpike located in Bedford County,
Pennsylvania. The facility shall be operated by a not-
for-profit entity and, when Federal assistance is no
longer being provided with respect to the facility,
shall be privately operated.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $500,000 for
each of fiscal years 1998 through 2003 to carry out
this subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended and the Federal share of the
cost of establishment and operation of the facility
under this subsection shall be 80 percent.
(r) High Priority Las Vegas Intermodal Center.--
(1) In general.--The Secretary shall provide
$2,000,000 for fiscal year 1999 and $2,500,000 for
fiscal year 2000 for the High Priority Las Vegas
Intermodal Center in Las Vegas, Nevada.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(s) Seismic Design.--
(1) In general.--The Secretary shall provide--
(A) $8,000,000 for fiscal year 1999 for
seismic design and engineering of the
Mississippi/Arkansas Great River Bridge;
(B) $8,000,000 for fiscal year 1999 to the
State of Missouri for seismic design and
deployment; and
(C) $7,000,000 for fiscal year 1999 to the
State of Arkansas for seismic design and
deployment.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(t) Biloxi Harbor, Mississippi.--The portion of the project
for navigation, Biloxi Harbor, Mississippi, authorized by the
River and Harbor Act of 1960 (74 Stat. 481), for the Bernard
Bayou Channel beginning near the Air Force Oil Terminal at
approximately navigation mile 2.6 and extending downstream to
the North-South \1/2\ of Section 30, Township 7 South, Range 10
West, Harrison County, Mississippi, just west of Kremer Boat
Yards, is not authorized after the date of enactment of this
Act.
(u) Clarification.--Notwithstanding any other provision of
law, the State of Pennsylvania is authorized to proceed with
engineering, final design, and construction of Corridor O of
the Appalachian development highway system between Bald Eagle
and Interstate Route 80. All records of decision relating to
Corridor O issued prior to the date of enactment of this Act
shall remain in effect.
(v) Limitation on Statutory Construction.--Nothing in this
Act shall be construed to prevent the operation of motorized
vehicles to transport boats across the portages between the
Moose Lake Chain and Basswood Lake, Minnesota, and between
Vermilion Lake and Trout Lake, Minnesota.
(w) Miscellaneous Projects.--
(1) Replacement of roslyn viaduct.--
(A) Project.--The Secretary is authorized
to carry out a project for replacement of a
segment of the Roslyn elevated highway (NY25A)
on Long Island, New York.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$51,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(2) Design and engineering for miller highway.--
(A) Project.--The Secretary is authorized
to carry out a project for design and
engineering of the Miller Highway on the west
side of Manhattan, New York.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$15,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(3) Williamsville toll barrier.--
(A) Project.--The Secretary is authorized
to carry out a project to relocate a toll
barrier complex to relieve traffic congestion
in the Buffalo, New York, area.
(B) Authorization.--There is authorized to
be appropriated to carry out this paragraph
$20,000,000 for fiscal years beginning after
September 30, 1998. Such sums shall remain
available until expended.
(x) St. Georges, Delaware.--The Secretary of the Army shall
transfer all right, title, and interest of the United States in
the highway bridge on United States Route 13 in the vicinity of
St. Georges, Delaware, to the State of Delaware if the transfer
is necessary to facilitate retransfer to a private entity for
the purpose of demonstrating the effectiveness and efficiency
of the use of large-scale composites technology for bridge
rehabilitation. In evaluating the level of service for all
Federal crossings over the Chesapeake and Delaware Canal in
Delaware, the total vehicle trips per day on this transferred
bridge shall be attributed to the remaining Federal crossing at
St. Georges, Delaware (the SR1 Bridge). If the transfer is
completed within 180 days after the date of enactment of this
Act, the Secretary shall provide $10,000,000 to the State for
the State to use in rehabilitating the bridge.
(y) Mount Paran Interchange Project for Interstate Route
75.--Notwithstanding any other provision of law, none of the
funds made available under this Act or title 23, United States
Code, shall be used to carry out a project to construct or
improve the Mount Paran interchange on Interstate Route 75 in
Georgia unless the Atlanta Regional Commission approves the
project after the date of enactment of this Act.
(z) Nittany Parkway.--The Secretary shall designate 31
miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany
Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) Highway Economic Requirement System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of
the United States shall conduct an evaluation
of the methodology used by the Department of
Transportation to determine highway needs using
the highway economic requirement system (in
this subsection referred to as the ``model'').
(B) Required element.--The evaluation shall
include an assessment of the extent to which
the model estimates an optimal level of highway
infrastructure investment, including an
assessment as to when the model may be
overestimating or underestimating investment
requirements.
(C) Report to congress.--Not later than 2
years after the date of enactment of this Act,
the Comptroller General shall submit to
Congress a report on the results of the
evaluation.
(2) State investment plans.--
(A) Study.--In consultation with State
transportation departments and other
appropriate State and local officials, the
Comptroller General of the United States shall
conduct a study on the extent to which the
model can be used to provide States with useful
information for developing State transportation
investment plans and State infrastructure
investment projections.
(B) Required elements.--The study shall--
(i) identify any additional data
that may need to be collected beyond
the data submitted, before the date of
enactment of this Act, to the Federal
Highway Administration through the
highway performance monitoring system;
and
(ii) identify what additional work,
if any, would be required of the
Federal Highway Administration and the
States to make the model useful at the
State level.
(C) Report to congress.--Not later than 3
years after the date of enactment of this Act,
the Comptroller General shall submit to
Congress a report on the results of the study.
(b) International Roughness Index.--
(1) Study.--The Comptroller General of the United
States shall conduct a study on the international
roughness index that is used as an indicator of
pavement quality on the Federal-aid highway system.
(2) Required elements.--The study shall specify the
extent of usage of the index and the extent to which
the international roughness index measurement is
reliable across different manufacturers and types of
pavement.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the
Comptroller General shall submit to Congress a report
on the results of the study.
(c) Use of Uniformed Police Officers on Federal-Aid Highway
Construction Projects.--
(1) Study.--In consultation with the States, State
transportation departments, and law enforcement
organizations, the Secretary shall conduct a study on
the extent and effectiveness of use by States of
uniformed police officers on Federal-aid highway
construction projects.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the study,
including any legislative and administrative
recommendations of the Secretary.
(d) Southwest Border Transportation Infrastructure.--
(1) Assessment.--The Secretary shall conduct a
comprehensive assessment of the state of the
transportation infrastructure on the southwest border
between the United States and Mexico (in this
subsection referred to as the ``border'').
(2) Consultation.--In carrying out the assessment,
the Secretary shall consult with--
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
(F) the American Commissioner on the
International Boundary Commission, United
States and Mexico;
(G) State agencies responsible for
transportation and law enforcement in border
States; and
(H) municipal governments and
transportation authorities in sister cities in
the border area.
(3) Requirements.--In carrying out the assessment,
the Secretary shall--
(A) assess the flow of commercial and
private traffic through designated ports of
entry on the border;
(B) assess the adequacy of transportation
infrastructure in the border area, including
highways, bridges, railway lines, and border
inspection facilities;
(C) assess the adequacy of law enforcement
and narcotics abatement activities in the
border area, as the activities relate to
commercial and private traffic and
infrastructure;
(D) assess future demands on transportation
infrastructure in the border area; and
(E) make recommendations to facilitate
legitimate cross-border traffic in the border
area, while maintaining the integrity of the
border.
(4) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on the assessment conducted under
this subsection, including any related legislative and
administrative recommendations.
(e) Study of Procurement Practices and Project Delivery.--
(1) Study.--The Comptroller General shall conduct a
study to assess the impact that a utility company's
failure to relocate its facilities in a timely manner
has on the delivery and cost of Federal-aid highway and
bridge projects. The study shall also assess the
following:
(A) Methods States use to mitigate such
delays, including the use of the courts to
compel cooperation.
(B) The prevalence and use of incentives to
utility companies for early completion of
utility relocations on Federal-aid
transportation project sites and, conversely,
penalties assessed on utility companies for
utility relocation delays on such projects.
(C) The extent to which States have used
available technologies, such as subsurface
utility engineering, early in the design of
Federal-aid highway and bridge projects so as
to eliminate or reduce the need for or delays
due to utility relocations.
(D) Whether individual States compensate
transportation contractors for business costs
incurred by the contractors when Federal-aid
highway and bridge projects under contract to
them are delayed by utility-company-caused
delays in utility relocations and any methods
used by States in making any such compensation.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
transmit to Congress a report on the results of the
study with any recommendations the Comptroller General
determines appropriate as a result of the study.
(f) Specialized Hauling Vehicles.--
(1) Study.--The Secretary shall conduct a study to
examine the impact of the truck weight standards on
specialized hauling vehicles. The study shall include,
at a minimum, an analysis of the economic, safety, and
infrastructure impacts of the standards.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study with
any recommendations the Secretary determines
appropriate as a result of the study.
(g) Study of State Practices on Specific Service Signing.--
(1) Study.--The Secretary shall conduct a study to
determine the practices in the States for specific
service food signs described in sections 2G-5.7 and 2G-
5.8 of the Manual on Uniform Traffic Control Devices
for Streets and Highways. The study shall examine, at a
minimum--
(A) the practices of all States for
determining businesses eligible for inclusion
on such signs;
(B) whether States allow businesses to be
removed from such signs and the circumstances
for such removal;
(C) the practices of all States for
erecting and maintaining such signs, including
the time required for erecting such signs; and
(D) whether States contract out the
erection and maintenance of such signs.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study,
including any recommendations and, if appropriate
modifications to the Manual.
(h) Vehicle Weight Enforcement.--
(1) Study.--The Secretary shall conduct a study of
State laws (including regulations) relating to
penalties for violation of State commercial motor
vehicle weight laws.
(2) Purpose.--The purpose of the study shall be to
determine the effectiveness of State penalties as a
deterrent to illegally overweight trucking operations.
The study shall evaluate fine structures, innovative
roadside enforcement techniques, and a State's ability
to penalize shippers and carriers as well as drivers
and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle
weight laws.
(3) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study with
any legislative recommendations of the Secretary.
(i) Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the
Transportation Research Board of the National Academy
of Sciences to conduct a study regarding the regulation
of weights, lengths, and widths of commercial motor
vehicles operating on Federal-aid highways to which
Federal regulations apply on the date of enactment of
this Act. In conducting the study, the Board shall
review law, regulations, studies (including
Transportation Research Board Special Report 225), and
practices and develop recommendations regarding any
revisions to law and regulations that the Board
determines appropriate.
(2) Factors to consider and evaluate.--In
developing recommendations under paragraph (1), the
Board shall consider and evaluate the impact of the
recommendations described in paragraph (1) on the
economy, the environment, safety, and service to
communities.
(3) Consultation.--In carrying out the study, the
Board shall consult with the Department of
Transportation, States, the motor carrier industry,
freight shippers, highway safety groups, air quality
and natural resource management groups, commercial
motor vehicle driver representatives, and other
appropriate entities.
(4) Report.--Not later than 2 years after the date
of enactment of this Act, the Board shall transmit to
Congress and the Secretary a report on the results of
the study conducted under this subsection.
(5) Recommendations.--Not later than 180 days after
the date of receipt of the report under paragraph (4),
the Secretary may transmit to Congress a report
containing comments or recommendations of the Secretary
regarding the Board's report.
(6) Funding.--There is authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $250,000 for each of fiscal
years 1999 and 2000 to carry out this subsection.
(7) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of the study under this subsection shall be
100 percent and such funds shall remain available until
expended.
(j) Traffic Analysis.--
(1) In general.--The Secretary shall enter into an
agreement with the State of Oklahoma to carry out a
traffic analysis to determine the feasibility of a
trade processing center in McClain County, Oklahoma.
(2) Authorization.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(1) Study.--The Secretary shall conduct a study to
assess the feasibility of providing high speed rail
passenger service from Atlanta,Georgia, to Charleston,
South Carolina. The study shall also assess the
potential impact of rail service on the tourism
industry.
(2) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure
of the House of Representatives and to the Committee on
Environment and Public Works of the Senate a report on
the results of the study, together with any
recommendations the Secretary determines appropriate as
a result of the study.
SEC. 1214. FEDERAL ACTIVITIES.
(a) Access to John F. Kennedy Center for the Performing
Arts.--
(1) Study.--The Secretary, in cooperation with the
District of Columbia, the John F. Kennedy Center for
the Performing Arts, and the Department of the Interior
and in consultation with other interested persons,
shall conduct a study of methods to improve pedestrian
and vehicular access to the John F. Kennedy Center for
the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report containing the
results of the study with an assessment of the impacts
(including environmental, aesthetic, economic, and
historical impacts) associated with the implementation
of each of the methods examined under the study.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for fiscal year 1998.
(4) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of activities conducted using such funds shall
be 100 percent and such funds shall remain available
until expended.
(b) Smithsonian Institution Transportation Program.--
(1) In general.--The Secretary shall allocate
amounts made available by this subsection for
obligation at the discretion of the Secretary of the
Smithsonian Institution, in consultation with the
Secretary, to carry out projects and activities
described in paragraph (2).
(2) Eligible uses.--Amounts allocated under
paragraph (1) may be obligated only--
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of
the Nation's collection of transportation-
related artifacts;
(C) to acquire historically significant
transportation-related artifacts; and
(D) to support research programs within the
Smithsonian Institution that document the
history and evolution of transportation, in
cooperation with other museums in the United
States.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $1,000,000
for each of fiscal years 1998 through 2003 to carry out
this subsection.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project or
activity under this subsection shall be 100 percent and
such funds shall remain available until expended.
(c) New River Visitor Center.--
(1) In general.--The Secretary shall allocate to
the Secretary of the Interior amounts made available by
this subsection for the planning, design, and
construction of a visitor center, and such other
related facilities as may be necessary, to facilitate
visitor understanding and enjoyment of the scenic,
historic, cultural, and recreational resources of the
New River Gorge National River in the State of West
Virginia. The center and related facilities shall be
located at a site for which title is held by the United
States in the vicinity of the I-64 Sandstone
intersection.
(2) Authorization of appropriations.--There are
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $1,300,000 for fiscal year 1998,
$1,200,000 for fiscal year 1999, and $9,900,000 for
fiscal year 2000.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall remain available until expended.
(d) Additional Authorization of Contract Authority for
States With Indian Reservations.--
(1) Availability to states.--Not later than October
1 of each fiscal year, funds made available under
paragraph (5) for the fiscal year shall be made
available by the Secretary, in equal amounts, to each
State that has within the boundaries of the State all
or part of an Indian reservation having a land area of
10,000,000 acres or more.
(2) Availability to eligible counties.--
(A) In general.--Each fiscal year, each
county that is located in a State to which
funds are made available under paragraph (1),
and that has in the county a public road
described in subparagraph (B), shall be
eligible to apply to the State for all or a
portion of the funds made available to the
State under this subsection to be used by the
county to maintain such roads.
(B) Roads.--A public road referred to in
subparagraph (A) is a public road that--
(i) is within, adjacent to, or
provides access to an Indian
reservation described in paragraph (1);
(ii) is used by a school bus to
transport children to or from a school
or Headstart program carried out under
the Head Start Act (42 U.S.C. 9831 et
seq.); and
(iii) is maintained by the county
in which the public road is located.
(C) Allocation among eligible counties.--
(i) In general.--Except as provided
in clause (ii), each State that
receives funds under paragraph (1)
shall provide directly to each county
that applies for funds the amount that
the county requests in the application.
(ii) Allocation among eligible
counties.--If the total amount of funds
applied for under this subsection by
eligible counties in a State exceeds
the amount of funds available to the
State, the State shall equitably
allocate the funds among the eligible
counties that apply for funds.
(3) Supplementary funding.--For each fiscal year,
the Secretary shall ensure that funding made available
under this subsection supplements (and does not
supplant)--
(A) any obligation of funds by the Bureau
of Indian Affairs for road maintenance programs
on Indian reservations; and
(B) any funding provided by a State to a
county for road maintenance programs in the
county.
(4) Use of unallocated funds.--Any portion of the
funds made available to a State under this subsection
that is not made available to counties within 1 year
after the funds are made available to the State shall
be apportioned among the States in accordance with
section 104(b) of title 23, United States Code.
(5) Funding.--
(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection $1,500,000 for each of fiscal
years 1998 through 2003.
(B) Contract authority.--Funds authorized
by this subsection shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(e) National Defense Highways Outside the United States.--
(1) Reconstruction projects.--If the Secretary
determines, after consultation with the Secretary of
Defense, that a highway, or a portion of a highway,
located outside the United States is important to the
national defense, the Secretary may carry out a project
for reconstruction of the highway or portion of
highway.
(2) Funding.--
(A) In general.--For each of fiscal years
1998 through 2002, the Secretary may set aside
not to exceed $18,800,000 from amounts to be
apportioned under section 104(b)(4) of title
23, United States Code, to carry out this
section.
(B) Availability.--Funds made available
under subparagraph (1) shall remain available
until expended.
(f) Sachuest Point National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$200,000 for fiscal year 1999 to the United State Fish
and Wildlife Service to resurface the entrance road to
Sachuest Point National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$200,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(g) Runway Removal at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$300,000 for fiscal year 1999 to the United States Fish
and Wildlife Service to remove asphalt runways at
Ninigret National Wildlife Refuge and $5,000,000 shall
be available to the State of Rhode Island for
improvements to the T.F. Green Intermodal Facility in
Rhode Island for each of fiscal years 1999 through
2003.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$5,300,000 for fiscal year 1999 and $5,000,000 for each
of fiscal years 2000 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(h) Middletown Visitor Center.--
(1) In general.--The Secretary shall provide
$500,000 for fiscal year 1999 to the United States Fish
and Wildlife Service for the Middletown visitor center
at Sachuest Point National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$500,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(i) Entrance Paving at Ninigret National Wildlife Refuge.--
(1) In general.--The Secretary shall provide
$750,000 for fiscal year 1999 to the United States Fish
and Wildlife Service to pave the entrance road to the
Ninigret National Wildlife Refuge.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$750,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(j) Education Center.--
(1) In general.--The Secretary shall provide
$1,000,000 for each of fiscal years 1999 through 2003
to the United States Fish and Wildlife Service for the
education visitor center at the Rhode Island National
Wildlife Refuge complex.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for each of fiscal years 1999 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(k) Richmond National Battlefield Park.--
(1) In general.--The Secretary shall provide
$1,000,000 for fiscal year 1999 to the National Park
Service to revitalize the Tredegar Iron Works to serve
as a visitor center for Richmond National Battlefield
Park.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,000,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide
$800,000 for each of fiscal years 1999 through 2003 to
the Corps of Engineers to be made available to the
State of Missouri for resurfacing and maintenance of
city and county roads that provide access to Corps of
Engineers reservoirs.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$800,000 for each of fiscal years 1999 through 2003.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(m) Civil War Battlefield Plan.--
(1) In general.--The Secretary shall provide
$250,000 for each of fiscal years 1999 and 2000 to the
Department of the Interior to be made available to the
Shenandoah Valley Battlefield National Historic
District Commission for developing a plan for the
interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$250,000 for each of fiscal years 1999 and 2000.
(3) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(n) DOT Headquarters Facility.--Before taking any action
that leads to Government ownership of the Department of
Transportation headquarters facility, through construction or
purchase, the Administrator of General Services shall first
seek approval of the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(o) Fort Peck, Montana.--
(1) Fort peck, montana, visitors center.--The
Secretary shall provide funds for the environmental
review, planning, design, and construction of a
historical and cultural visitors center and museum at
Fort Peck, Montana.
(2) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $3,000,000 for each of fiscal
years 1999 and 2000.
(3) Applicability of title 23, united states
code.--Funds authorized by this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall remain
available until expended.
(p) Bridges on Natchez Trace Parkway, Mississippi.--
(1) In general.--The Secretary shall allocate to
the State of Mississippi amounts available by this
subsection to be used for replacement and widening of
the box bridges on the Natchez Trace Parkway at Old
Canton Road and at Rice Road in Madison County,
Mississippi.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $5,000,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(q) Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for
the Lolo Pass Visitor Center in the State of Idaho.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $2,943,000 for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal
years 1998 through 2003 to the Commonwealth of Puerto
Rico to carry out a highway program in such
Commonwealth.
(2) Applicability of title 23.--Amounts made
available by section 1101(a)(15) of this Act shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code. Such amounts shall be subject to
any limitation on obligations for Federal-aid highway
and highway safety construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(a) Gettysburg, Pennsylvania.--
(1) Restoration of train station.--The Secretary
shall allocate amounts made available by this
subsection for the restoration of the Gettysburg,
Pennsylvania, train station.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) $400,000 for
each of fiscal years 1998 and 1999 to carry out this
subsection.
(3) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of restoration of the train station under this
subsection shall be 80 percent and such funds shall
remain available until expended.
(b) Center.--
(1) Establishment.--The Secretary shall allocate
funds made available to carry out this subsection to
establish a center for national scenic byways in
Duluth, Minnesota, to provide technical communications
and network support for nationally designated scenic
byway routes in accordance with paragraph (2).
(2) Communications systems.--The center for
national scenic byways shall develop and implement
communications systems for the support of the national
scenic byways program. Such communications systems
shall provide local officials and planning groups
associated with designated National Scenic Byways or
All-American Roads with proactive, technical, and
customized assistance through the latest technology
that allows scenic byway officials to develop and
sustain their National Scenic Byways or All-American
Roads.
(3) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $1,500,000 for each of fiscal years
1998 through 2003.
(4) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection shall be 100 percent and such funds shall
remain available until expended.
(c) Coal Heritage Trail.--
(1) In general.--The Secretary shall make grants to
the State of West Virginia for the Coal Heritage Scenic
Byway for the purposes set forth in section 204(h) of
title 23, United States Code.
(2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $2,000,000 for each of fiscal years 1999
through 2001.
(3) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(d) Traffic Calming Measures.--
(1) In general.--The Secretary shall provide
$5,000,000 for fiscal year 1999 and $2,000,000 for each
of fiscal years 2000 through 2003 to implement traffic
calming measures in Fauquier and Loudoun Counties,
Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(e) Pedestrian Bridge.--
(1) In general.--The Secretary shall provide
$1,000,000 for fiscal year 1999 for a pedestrian bridge
over United States Route 29 at Emmet Street in
Charlottesville, Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(f) Interpretive Center.--
(1) In general.--The Secretary shall provide
$600,000 for fiscal year 1999 for construction of the
Virginia Blue Ridge Parkway interpretive center located
on the Roanoke River Gorge in Virginia.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(g) Chain of Rocks Bridge.--
(1) In general.--The Secretary shall provide
$2,000,000 for fiscal year 1999 for the renovation and
preservation of the Missouri Route 66 Chain of Rocks
Bridge.
(2) Applicability of title 23.--Funds made
available to carry out this subsection shall be
available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23,
United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--
Notwithstanding any other provision of law, the Secretary shall
approve the construction of Type II noise barriers beginning on
the west side of Interstate Route 285 extending from Northlake
Parkway to Henderson Mill Road in Dekalb County, Georgia, from
funds apportioned under sections 104(b)(1) and 104(b)(3) of
title 23, United States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended--
(A) in the subsection heading by striking
``Congestion'' and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each
place it appears and inserting
``value''; and
(ii) by striking ``projects'' each
place it appears and inserting
``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and
inserting ``programs''; and
(ii) by striking ``traffic,
volume'' and inserting ``traffic
volume''.
(2) Increased number of projects.--Section
1012(b)(1) of such Act is amended in the second
sentence by striking ``5'' and inserting ``15''.
(3) Eligibility of preimplementation costs.--
Section 1012(b)(2) of such Act is amended in the second
sentence--
(A) by inserting after ``Secretary shall
fund'' the following: ``all preimplementation
costs and project design, and''; and
(B) by inserting after ``Secretary may not
fund'' the following: ``the preimplementation
or implementation costs of''.
(4) Tolling.--Section 1012(b)(4) of such Act is
amended by striking ``a pilot program under this
section, but not on more than 3 of such programs'' and
inserting ``any value pricing pilot program under this
subsection''.
(5) HOV passenger requirements.--Section 1012(b) of
such Act is amended by striking paragraph (6) and
inserting the following:
``(6) HOV passenger requirements.--Notwithstanding
section 146(c) of title 23, United States Code, a State
may permit vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicles
are part of a value pricing pilot program under this
subsection.''.
(6) Financial effects on low-income drivers.--
Section 1012(b) of such Act is amended by adding at the
end the following:
``(7) Financial effects on low-income drivers.--Any
value pricing pilot program under this subsection shall
include, if appropriate, an analysis of the potential
effects of the pilot program on low income drivers and
may include mitigation measures to deal with any
potential adverse financial effects on low-income
drivers.''.
(7) Funding.--Section 1012(b) of such Act (as
amended by paragraph (6)) is amended by adding at the
end the following:
``(8) Funding.--
``(A) In general.--There is authorized to
be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry
out this subsection $8,000,000 for each of
fiscal years 1998 through 2003.
``(B) Availability.--Funds allocated by the
Secretary to a State under this subsection
shall remain available for obligation by the
State for a period of 3 years after the last
day of the fiscal year for which the funds are
authorized.
``(C) Use of unallocated funds.--If the
total amount of funds made available from the
Highway Trust Fund under this subsection for
fiscal year 1998 and fiscal years thereafter
but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount--
``(i) shall be apportioned in the
following fiscal year by the Secretary
to all States in accordance with
section 104(b)(3) of title 23, United
States Code;
``(ii) shall be considered to be a
sum made available for expenditure on
the surface transportation program,
except that the amount shall not be
subject to section 133(d) of such
title; and
``(iii) shall be available for any
purpose eligible for funding under
section 133 of such title.
``(D) Contract authority.--Funds authorized
under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code; except that the Federal
share of the cost of any project under this
subsection and the availability of funds
authorized by this paragraph shall be
determined in accordance with this
subsection.''.
(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
(1) Establishment.--The Secretary shall establish
and implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
(A) An identification of the facility on
the Interstate System proposed to be a toll
facility, including the age, condition, and
intensity of use of the facility.
(B) In the case of a facility that affects
a metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that
includes--
(i) a plan for implementing the
imposition of tolls on the facility;
(ii) a schedule and finance plan
for the reconstruction or
rehabilitation of the facility using
toll revenues;
(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
(v) such other information as the
Secretary may require.
(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
(C) the State plan for implementing tolls
on the facility takes into account the
interests of local, regional, and interstate
travelers;
(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.
(5) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from
operation of the toll facility will be used
only for--
(i) debt service;
(ii) reasonable return on
investment of any private person
financing the project; and
(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
(6) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
(7) Program term.--The Secretary shall conduct the
pilot program under this subsection for a term to be
determined by the Secretary, but not less than 10
years.
(8) Interstate system defined.--In this subsection,
the term ``Interstate System'' has the meaning such
term has under section 101 of title 23, United States
Code.
SEC. 1217. ELIGIBILITY.
(a) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct any
portion of a Federal-aid primary route in San Mateo County,
California, that--
(1) was destroyed as a result of a combination of
storms in the winter of 1982-1983 and a mountain slide;
and
(2) until its destruction, served as the only
reasonable access route between 2 cities and as the
designated emergency evacuation route of 1 of the
cities;
shall be eligible for assistance under section 125(a) of title
23, United States Code, if the project complies with the local
coastal plan.
(b) Ambassador Bridge Access, Detroit, Michigan.--
(1) In general.--Notwithstanding section 129 of
title 23, United States Code, or any other provision of
law, improvements to access roads and construction of
access roads, approaches, and related facilities (such
as signs, lights, and signals) necessary to connect the
Ambassador Bridge in Detroit, Michigan, to the
Interstate System shall be eligible for funds
apportioned under paragraphs (1) and (3) of section
104(b) of such title.
(2) Use of funds.--Funds described in paragraph (1)
shall not be used for any improvement to, or
construction of, the bridge itself.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other
provision of law, a project to construct a new bridge over the
Cuyahoga River in Cleveland, Ohio, shall be eligible for funds
apportioned under section 104(b)(3) of such title.
(d) Connecticut.--In fiscal year 1998, the State of
Connecticut may transfer any funds remaining available for
obligation under section 104(b)(4) of title 23, United States
Code, as in effect on the day before the date of the enactment
of this Act, for construction of the Interstate System to any
other program eligible for assistance under chapter 1 of such
title. Before making any distribution of the obligation
limitation under section 1102(c)(6) of this Act, the Secretary
shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to
obligate funds available for transfer under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor organization,
shall be permitted to continue collecting tolls for maintenance
of, operation of, capital improvements to, and future
expansions to the International Bridge, Sault Ste. Marie,
Michigan, and its approaches, plaza areas, and associated
structures.
(f) Information Services.--A food business that would
otherwise be eligible to display a mainline business logo on a
specific service food sign described in section 2G-5.7(4) of
part IIG of the 1988 edition of the Manual on Uniform Traffic
Control Devices for Streets and Highways under the requirements
specified in that section, but for the fact that the business
is open 6 days a week, cannot be prohibited from inclusion on
such a food sign.
(g) Continuance of Commercial Operations at Certain Service
Plazas in the State of Maryland.--
(1) Waiver.--Notwithstanding section 111 of title
23, United States Code, and the agreements described in
paragraph (2), at the request of the Maryland
Transportation Authority, the Secretary shall allow the
continuance of commercial operations at the service
plazas on the John F. Kennedy Memorial Highway on
Interstate Route 95.
(2) Agreements.--The agreements referred to in
paragraph (1) are agreements between the Department of
Transportation of the State of Maryland and the Federal
Highway Administration concerning the highway described
in paragraph (1).
(h) Welcome Center Pilot Project.--
(1) In general.--The Secretary shall permit the
State of Georgia to conduct a pilot project to acquire,
construct, operate, and maintain a demonstration safety
rest area and information center along Interstate Route
75 in Cobb County, Georgia, in accordance with
paragraph (2).
(2) Information center and system.--The center may
provide goods and information that is of interest to
the traveling public, including commercial advertising
and media displays, if such advertising and displays
are--
(A) exhibited solely within any facility
constructed in the rest area; and
(B) not legible from the main traveled way.
(3) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall submit to Congress a report on the results of the
pilot project.
(i) Southern California.--Notwithstanding section 120(l)(1)
of title 23, United States Code--
(1) private entity expenditures to construct the
SR-91 toll road located in Orange County, California,
from SR-55 to the Riverside County line may be credited
toward the State matching share for any Federal-aid
project beginning construction after the SR-91 toll
road was opened to traffic; and
(2) private expenditures for the future SR-125 toll
road in San Diego County, California, from SR-905 to
San Miguel Road may be credited against the State match
share for Federal-aid highway projects beginning after
SR-125 is opened to traffic.
(j) Tolls on Pennsylvania Turnpike.--Notwithstanding any
other provision of law, no tolls shall be collected during the
6-year period beginning on the date of enactment of this Act on
the Pennsylvania Turnpike for travel either entering Bedford
and exiting Breezewood, Pennsylvania, or entering Breezewood
and exiting Bedford.
(k) Vicksburg and Jackson, Mississippi.--Notwithstanding
any other provision of this Act, funds authorized by this Act
(including amendments made by this Act) for transportation
projects in the State of Mississippi may be used for the
purpose of constructing, reconstructing, or rehabilitating rail
lines in the vicinity of Vicksburg and Jackson, Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Eligible project costs.--The term `eligible
project costs'--
``(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
``(B) includes the costs of preconstruction
planning activities.
``(2) Full project costs.--The term `full project
costs' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
``(3) MAGLEV.--The term `MAGLEV' means
transportation systems employing magnetic levitation
that would be capable of safe use by the public at a
speed in excess of 240 miles per hour or under 50 miles
per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
``(b) Financial Assistance.--
``(1) In general.--The Secretary shall make
available financial assistance to pay the Federal share
of full project costs of eligible projects selected
under this section. Financial assistance made available
under this section and projects assisted with the
assistance shall be subject to section 5333(a) of title
49, United States Code.
``(2) Federal share.--The Federal share of full
project costs under paragraph (1) shall be not more
than \2/3\.
``(3) Use of assistance.--Financial assistance
provided under paragraph (1) shall be used only to pay
eligible project costs of projects selected under this
section.
``(c) Solicitation of Applications for Assistance.--Not
later than 180 days after the date of enactment of this
subsection, the Secretary shall solicit applications from
States, or authorities designated by 1 or more States, for
financial assistance authorized by subsection (b) for planning,
design, and construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed
or low-speed ground transportation corridor that
exhibit partnership potential;
``(2) require an amount of Federal funds for
project financing that will not exceed the sum of--
``(A) the amounts made available under
subsection (h)(1)(A); and
``(B) the amounts made available by States
under subsection (h)(4);
``(3) result in an operating transportation
facility that provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs
paid using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan
planning requirements;
``(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
``(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
``(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The criteria
shall include the extent to which--
``(1) a project is nationally significant,
including the extent to which the project will
demonstrate the feasibility of deployment of MAGLEV
technology throughout the United States;
``(2) timely implementation of the project will
reduce congestion in other modes of transportation and
reduce the need for additional highway or airport
construction;
``(3) States, regions, and localities financially
contribute to the project;
``(4) implementation of the project will create new
jobs in traditional and emerging industries;
``(5) the project will augment MAGLEV networks
identified as having partnership potential;
``(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering
are considered and enhanced.
``(f) Project Selection.--
``(1) Preconstruction planning activities.--Not
later than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
``(A) preparation of such feasibility
studies, major investment studies, and
environmental impact statements and assessments
as are required under State law;
``(B) pricing of the final design,
engineering, and construction activities
proposed to be assisted under paragraph (2);
and
``(C) such other activities as are
necessary to provide the Secretary with
sufficient information to evaluate whether a
project should receive financial assistance for
final design, engineering, and construction
activities under paragraph (2).
``(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
``(g) Joint Ventures.--A project undertaken by a joint
venture of United States and non-United States persons
(including a project involving the deployment of non-United
States MAGLEV technology in the United States) shall be
eligible for financial assistance under this section if the
project is eligible under subsection (d) and selected under
subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section $15,000,000 for fiscal year
1999, $20,000,000 for fiscal year 2000,
and $25,000,000 for fiscal year 2001.
``(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
``(I) the Federal share of
the cost of a project carried
out under this section shall be
determined in accordance with
subsection (b); and
``(II) the availability of
the funds shall be determined
in accordance with paragraph
(2).
``(B) Noncontract authority authorization
of appropriations.--
``(i) In general.--There are
authorized to be appropriated from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this
section $200,000,000 for each of fiscal
years 2000 and 2001, $250,000,000 for
fiscal year 2002, and $300,000,000 for
fiscal year 2003.
``(ii) Availability.--
Notwithstanding section 118(a), funds
made available under clause (i) shall
not be available in advance of an
annual appropriation.
``(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
``(3) Other federal funds.--Notwithstanding any
other provision of law, funds made available to a State
to carry out the surface transportation program under
section 133 and the congestion mitigation and air
quality improvement program under section 149 may be
used by the State to pay a portion of the full project
costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of
credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after the
item relating to section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code
is amended by adding at the end the following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a
national scenic byways program that recognizes roads
having outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by
designating the roads as National Scenic Byways or All-
American Roads.
``(2) Criteria.--The Secretary shall designate
roads to be recognized under the national scenic byways
program in accordance with criteria developed by the
Secretary.
``(3) Nomination.--To be considered for the
designation, a road must be nominated by a State or a
Federal land management agency and must first be
designated as a State scenic byway or, in the case of a
road on Federal land, as a Federal land management
agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants
and provide technical assistance to States to--
``(A) implement projects on highways
designated as National Scenic Byways or All-
American Roads, or as State scenic byways; and
``(B) plan, design, and develop a State
scenic byway program.
``(2) Priorities.--In making grants, the Secretary
shall give priority to--
``(A) each eligible project that is
associated with a highway that has been
designated as a National Scenic Byway or All-
American Road and that is consistent with the
corridor management plan for the byway;
``(B) each eligible project along a State-
designated scenic byway that is consistent with
the corridor management plan for the byway, or
is intended to foster the development of such a
plan, and is carried out to make the byway
eligible for designation as a National Scenic
Byway or All-American Road; and
``(C) each eligible project that is
associated with the development of a State
scenic byway program.
``(c) Eligible Projects.--The following are projects that
are eligible for Federal assistance under this section:
``(1) An activity related to the planning, design,
or development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of
related amenities.
``(3) Safety improvements to a State scenic byway,
National Scenic Byway, or All-American Road to the
extent that the improvements are necessary to
accommodate increased traffic and changes in the types
of vehicles using the highway as a result of the
designation as a State scenic byway, National Scenic
Byway, or All-American Road.
``(4) Construction along a scenic byway of a
facility for pedestrians and bicyclists, rest area,
turnout, highway shoulder improvement, passing lane,
overlook, or interpretive facility.
``(5) An improvement to a scenic byway that will
enhance access to an area for the purpose of
recreation, including water-related recreation.
``(6) Protection of scenic, historical,
recreational, cultural, natural, and archaeological
resources in an area adjacent to a scenic byway.
``(7) Development and provision of tourist
information to the public, including interpretive
information about a scenic byway.
``(8) Development and implementation of a scenic
byway marketing program.
``(d) Limitation.--The Secretary shall not make a grant
under this section for any project that would not protect the
scenic, historical, recreational, cultural, natural, and
archaeological integrity of a highway and adjacent areas.
``(e) Savings Clause.--The Secretary shall not withhold any
grant or impose any requirement on a State as a condition of
providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority
provided in this chapter.
``(f) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80 percent,
except that, in the case of any scenic byway project along a
public road that provides access to or within Federal or Indian
land, a Federal land management agency may use funds authorized
for use by the agency as the non-Federal share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.
(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic decisionmaking responsibility of the
regional offices of the Federal Highway Administration
for the Federal-aid highway program as part of the
Administration's efforts to restructure its field
organization.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall eliminate regional offices, create
technical resource centers, and, to the maximum extent
practicable, delegate authority to State offices of the
Federal Highway Administration.
(b) Preference.--In locating the technical resource
centers, the Secretary shall give preference to cities that
house, on the date of enactment of this Act, the Federal
Highway Administration regional offices and are in locations
that minimize the travel distance between the technical
resource centers and the Federal Highway Administration
division offices that will be served by the new technical
resource centers.
(c) Report to Congress.--The Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a detailed implementation plan to carry out
this section not later than September 30, 1998, and thereafter
provide periodic progress reports on carrying out this section
to such Committees.
(d) Implementation.--The Secretary shall begin
implementation of the plan transmitted under subsection (c) not
later than December 31, 1998.
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
PROGRAM.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish
a comprehensive initiative to investigate and address the
relationships between transportation and community and system
preservation and identify private sector-based initiatives.
(b) Research.--
(1) In general.--In cooperation with appropriate
Federal agencies, State, regional, and local
governments, and other entities eligible for assistance
under subsection (d), the Secretary shall carry out a
comprehensive research program to investigate the
relationships between transportation, community
preservation, and the environment and the role of the
private sector in shaping such relationships.
(2) Required elements.--The program shall provide
for monitoring and analysis of projects carried out
with funds made available to carry out subsections (c)
and (d).
(c) Planning.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to States,
metropolitan planning organizations, and local
governments to plan, develop, and implement strategies
to integrate transportation and community and system
preservation plans and practices.
(2) Purposes.--The purposes of the allocations
shall be--
(A) to improve the efficiency of the
transportation system;
(B) to reduce the impacts of transportation
on the environment;
(C) to reduce the need for costly future
investments in public infrastructure;
(D) to provide efficient access to jobs,
services, and centers of trade; and
(E) to examine development patterns and
identify strategies to encourage private sector
development patterns which achieve the goals
identified in subparagraphs (A) through (D).
(3) Criteria.--In allocating funds made available
to carry out this subsection, the Secretary shall give
priority to applicants that--
(A) propose projects for funding that
address the purposes described in paragraph
(2); and
(B) demonstrate a commitment of non-Federal
resources to the proposed projects.
(4) Additional criteria.--In addition, the
Secretary shall give consideration to applicants that
demonstrate a commitment to public and private
involvement, including involvement of nontraditional
partners in the project team.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to States,
metropolitan planning organizations, and local
governments to carry out projects to address
transportation efficiency and community and system
preservation.
(2) Criteria.--In allocating funds made available
to carry out this subsection, the Secretary shall give
priority to applicants that--
(A) have instituted preservation or
development plans and programs that--
(i) meet the requirements of title
23 and chapter 53 of title 49, United
States Code; and
(ii)(I) are coordinated with State
and local adopted preservation or
development plans;
(II) are intended to promote cost-
effective and strategic investments in
transportation infrastructure that
minimize adverse impacts on the
environment; or
(III) are intended to promote
innovative private sector strategies.
(B) have instituted other policies to
integrate transportation and community and
system preservation practices, such as--
(i) spending policies that direct
funds to high-growth areas;
(ii) urban growth boundaries to
guide metropolitan expansion;
(iii) ``green corridors'' programs
that provide access to major highway
corridors for areas targeted for
efficient and compact development; or
(iv) other similar programs or
policies as determined by the
Secretary;
(C) have preservation or development
policies that include a mechanism for reducing
potential impacts of transportation activities
on the environment;
(D) examine ways to encourage private
sector investments that address the purposes of
this section; and
(E) propose projects for funding that
address the purposes described in subsection
(c)(2).
(3) Equitable distribution.--In allocating funds to
carry out this subsection, the Secretary shall ensure
the equitable distribution of funds to a diversity of
populations and geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds
made available to carry out this subsection
shall be used by the recipient to implement the
projects proposed in the application to the
Secretary.
(B) Types of projects.--The allocation of
funds shall be available for obligation for--
(i) any project eligible for
funding under title 23 or chapter 53 of
title 49, United States Code; or
(ii) any other activity relating to
transportation and community and system
preservation that the Secretary
determines to be appropriate, including
corridor preservation activities that
are necessary to implement--
(I) transit-oriented
development plans;
(II) traffic calming
measures; or
(III) other coordinated
transportation and community
and system preservation
practices.
(e) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$20,000,000 for fiscal year 1999 and $25,000,000 for
each of fiscal years 2000 through 2003.
(2) Contract authority.--Funds authorized under
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended--
(1) in the undesignated paragraph relating to
Alabama--
(A) by inserting ``Hale,'' after
``Franklin,''; and
(B) by inserting ``Macon,'' after
``Limestone,'';
(2) in the undesignated paragraph relating to
Georgia--
(A) by inserting ``Elbert,'' after
``Douglas,''; and
(B) by inserting ``Hart,'' after
``Haralson,'';
(3) in the undesignated paragraph relating to
Mississippi by striking ``and Winston'' and inserting
``Winston, and Yalobusha''; and
(4) in the undesignated paragraph relating to
Virginia--
(A) by inserting ``Montgomery,'' after
``Lee,''; and
(B) by inserting ``Rockbridge,'' after
``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act is
amended by striking ``section 201'' and inserting ``sections
201 and 403''. This amendment ensures that section 403 is still
in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.
(a) Purpose.--The purpose of this section is to authorize
the provision of assistance for, and support of, State and
local efforts concerning surface transportation issues
necessary to obtain the national recognition and economic
benefits of participation in the International Olympic
movement, the International Paralympic movement, and the
Special Olympics International movement by hosting
international quadrennial Olympic and Paralympic events, and
Special Olympics International events, in the United States.
(b) Priority for Transportation Projects Relating to
Olympic, Paralympic, and Special Olympic Events.--
Notwithstanding any other provision of law, from funds
available to carry out sections 118(c) and 144(g)(1) of title
23, United States Code, the Secretary may give priority to
funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, if--
(1) the project meets the extraordinary needs
associated with an international quadrennial Olympic or
Paralympic event or a Special Olympics International
event; and
(2) the project is otherwise eligible for
assistance under sections 118(c) and 144(g)(1) of such
title.
(c) Transportation Planning Activities.--The Secretary may
participate in--
(1) planning activities of States and metropolitan
planning organizations and transportation projects
relating to an international quadrennial Olympic or
Paralympic event, or a Special Olympics International
event, under sections 134 and 135 of title 23, United
States Code; and
(2) developing intermodal transportation plans
necessary for the projects in coordination with State
and local transportation agencies.
(d) Funding.--Notwithstanding section 5001(a), from funds
made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic, and
a Special Olympic transportation management plan in cooperation
with an Olympic Organizing Committee responsible for hosting,
and State and local communities affected by, an international
quadrennial Olympic or Paralympic event or a Special Olympics
International event.
(e) Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--
(1) In general.--The Secretary may provide
assistance, including planning, capital, and operating
assistance, to States and local governments in carrying
out transportation projects relating to an
international quadrennial Olympic or Paralympic event
or a Special Olympics International event.
(2) Federal share.--The Federal share of the cost
of a project assisted under this subsection shall not
exceed 80 percent.
(f) Eligible Governments.--A State or local government
shall be eligible to receive assistance under this section only
if the government is hosting a venue that is part of an
international quadrennial Olympics that is officially selected
by the International Olympic Committee.
(g) Authorization of Appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section such sums as
are necessary for each of fiscal years 1998 through 2003.
Subtitle C--Program Streamlining and Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.
(a) Advance Acquisition of Real Property.--Section 108 of
title 23, United States Code, is amended by striking the
section heading and subsection (a) and inserting the following:
``Sec. 108. Advance acquisition of real property
``(a) In General.--
``(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of
real property for a transportation improvement eligible
for funding under this title, the Secretary, upon the
request of a State, may make available, for the
acquisition of real property, such funds apportioned to
the State as may be expended on the transportation
improvement, under such rules and regulations as the
Secretary may issue.
``(2) Construction.--The agreement between the
Secretary and the State for the reimbursement of the
cost of the real property shall provide for the actual
construction of the transportation improvement within a
period not to exceed 20 years following the fiscal year
for which the request is made, unless the Secretary
determines that a longer period is reasonable.''.
(b) Credit for Acquired Lands.--Section 323(b) of such
title is amended--
(1) in the subsection heading, by striking
``Donated'' and inserting ``Acquired'';
(2) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Notwithstanding any other
provision of this title, the State share of the cost of
a project with respect to which Federal assistance is
provided from the Highway Trust Fund (other than the
Mass Transit Account) may be credited in an amount
equal to the fair market value of any land that--
``(A) is lawfully obtained by the State or
a unit of local government in the State;
``(B) is incorporated into the project;
``(C) is not land described in section 138;
and
``(D) the Secretary determines will not
influence the environmental assessment of the
project, including--
``(i) the decision as to the need
to construct the project;
``(ii) the consideration of
alternatives; and
``(iii) the selection of a specific
location.
``(2) Establishment of fair market value.--The fair
market value of land incorporated into a project and
credited under paragraph (1) shall be established in
the manner determined by the Secretary, except that--
``(A) the fair market value shall not
include any increase or decrease in the value
of donated property caused by the project; and
``(B) the fair market value of donated land
shall be established as of the earlier of--
``(i) the date on which the
donation becomes effective; or
``(ii) the date on which equitable
title to the land vests in the
State.'';
(3) in paragraph (3) by striking ``agency of a
Federal, State, or local government'' and inserting
``agency of the Federal Government''; and
(4) in paragraph (4) by striking ``to which the
donation is applied''.
(c) Crediting of Contributions by Units of Local Government
Toward the State Share.--Section 323 of such title is amended
by adding at the end the following:
``(e) Crediting of Contributions by Units of Local
Government Toward the State Share.--A contribution by a unit of
local government of real property, funds, or material in
connection with a project eligible for assistance under this
title shall be credited against the State share of the project
at the fair market value of the real property, funds, or
material.''.
(d) Conforming Amendments.--
(1) Section 323 of such title is amended by
striking the section heading and inserting the
following:
``Sec. 323. Donations and credits''.
(2) The analysis for chapter 1 of such title is
amended by striking the item relating to section 108
and inserting the following:
``108. Advance acquisition of real property.''.
(3) The analysis for chapter 3 of such title is
amended by striking the item relating to section 323
and inserting the following:
``323. Donations and credits.''.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) by striking subsections (a) and (b) and
inserting the following:
``(a) In General.--The Secretary, from time to time as the
work progresses, may make payments to a State for costs of
construction incurred by the State on a project. Such payments
may also be made for the value of the materials--
``(1) that have been stockpiled in the vicinity of
the construction in conformity to plans and
specifications for the projects; and
``(2) that are not in the vicinity of the
construction if the Secretary determines that because
of required fabrication at an off-site location the
material cannot be stockpiled in such vicinity.
``(b) Project Agreement.--No payment shall be made under
this chapter except for a project covered by a project
agreement. After completion of the project in accordance with
the project agreement, a State shall be entitled to payment out
of the appropriate sums apportioned or allocated to the State
of the unpaid balance of the Federal share payable for such
project.'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection
(c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States
Code, is amended to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
``(a) Minimum Charge.--Subject to section 142(f), a State
shall charge, at a minimum, fair market value for the sale,
use, lease, or lease renewal (other than for utility use and
occupancy or for a transportation project eligible for
assistance under this title) of real property acquired with
Federal assistance made available from the Highway Trust Fund
(other than the Mass Transit Account).
``(b) Exceptions.--The Secretary may grant an exception to
the requirement of subsection (a) for a social, environmental,
or economic purpose.
``(c) Use of Federal Share of Income.--The Federal share of
net income from the revenues obtained by a State under
subsection (a) shall be used by the State for projects eligible
under this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
156 and inserting the following:
``156. Proceeds from the sale or lease of real property.''.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended
in the first sentence by inserting after ``10 years'' the
following: ``(or such longer period as the State requests and
the Secretary determines to be reasonable)''.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking the section heading and inserting
the following:
``Sec. 106. Project approval and oversight'';
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(3) by striking subsections (a) through (d) and
inserting the following:
``(a) In General.--
``(1) Submission of plans, specifications, and
estimates.--Except as otherwise provided in this
section, each State transportation department shall
submit to the Secretary for approval such plans,
specifications, and estimates for each proposed project
as the Secretary may require.
``(2) Project agreement.--The Secretary shall act
on the plans, specifications, and estimates as soon as
practicable after the date of their submission and
shall enter into a formal project agreementwith the
State transportation department formalizing the conditions of the
project approval.
``(3) Contractual obligation.--The execution of the
project agreement shall be deemed a contractual
obligation of the Federal Government for the payment of
the Federal share of the cost of the project.
``(4) Guidance.--In taking action under this
subsection, the Secretary shall be guided by section
109.
``(b) Project Agreement.--
``(1) Provision of state funds.--The project
agreement shall make provision for State funds required
to pay the State's non-Federal share of the cost of
construction of the project and to pay for maintenance
of the project after completion of construction.
``(2) Representations of state.--If a part of the
project is to be constructed at the expense of, or in
cooperation with, political subdivisions of the State,
the Secretary may rely on representations made by the
State transportation department with respect to the
arrangements or agreements made by the State
transportation department and appropriate local
officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
``(c) Assumption by States of Responsibilities of the
Secretary.--
``(1) Non-interstate nhs projects.--For projects
under this title that are on the National Highway
System but not on the Interstate System, the State may
assume the responsibilities of the Secretary under this
title for design, plans, specifications, estimates,
contract awards, and inspections of projects unless the
State or the Secretary determines that such assumption
is not appropriate.
``(2) Non-nhs projects.--For projects under this
title that are not on the National Highway System, the
State shall assume the responsibilities of the
Secretary under this title for design, plans,
specifications, estimates, contract awards, and
inspection of projects, unless the State determines
that such assumption is not appropriate.
``(3) Agreement.--The Secretary and the State shall
enter into an agreement relating to the extent to which
the State assumes the responsibilities of the Secretary
under this subsection.
``(4) Limitation on authority of secretary.--The
Secretary may not assume any greater responsibility
than the Secretary is permitted under this title on
September 30, 1997, except upon agreement by the
Secretary and the State.
``(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or discharge
any responsibility or obligation of the Secretary under--
``(1) section 113 or 114; or
``(2) any Federal law other than this title
(including section 5333 of title 49).
``(e) Value Engineering Analysis.--For such projects as the
Secretary determines advisable, plans, specifications, and
estimates for proposed projects on any Federal-aid highway
shall be accompanied by a value engineering analysis or other
cost reduction analysis.''.
(b) Financial Plan.--Section 106 of such title (as amended
by subsection (a)(2)), is amended by adding at the end the
following:
``(h) Financial Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $1,000,000,000 or more shall submit to the
Secretary an annual financial plan for the project. The plan
shall be based on detailed annual estimates of the cost to
complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of
future increases in the cost to complete the project.''.
(c) Life Cycle Cost Analysis.--Section 106 of such title
(as amended by subsection (a)(2)), is amended by striking
subsection (f) and inserting the following:
``(f) Life-Cycle Cost Analysis.--
``(1) Use of life-cycle cost analysis.--The
Secretary shall develop recommendations for the States
to conduct life-cycle cost analyses. The
recommendations shall be based on the principles
contained in section 2 of Executive Order No. 12893 and
shall be developed in consultation with the American
Association of State Highway and Transportation
Officials. The Secretary shall not require a State to
conduct a life-cycle cost analysis for any project as a
result of the recommendations required under this
subsection.
``(2) Life-cycle cost analysis defined.--In this
subsection, the term `life-cycle cost analysis' means a
process for evaluating the total economic worth of a
usable project segment by analyzing initial costs and
discounted future costs, such as maintenance, user
costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project
segment.''.
(d) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to section
106 and inserting the following:
``106. Project approval and oversight.''.
SEC. 1306. STANDARDS.
(a) Elimination of Guidelines and Annual Certification
Requirements.--Section 109 of title 23, United States Code, is
amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as
subsections (m) through (p), respectively.
(b) Safety standards.--Section 109 of such title (as
amended by subsection (a)), is amended by adding at the end the
following:
``(q) Phase Construction.--Safety considerations for a
project under this title may be met by phase construction
consistent with the operative safety management system
established in accordance with section 303 or in accordance
with a statewide transportation improvement program approved by
the Secretary.''.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States
Code, is amended--
(1) in the first sentence of paragraph (1) by
striking ``paragraph (2)'' and inserting ``paragraphs
(2) and (3)'';
(2) in paragraph (2)(A) by striking ``Each'' and
inserting ``Subject to paragraph (3), each''; and
(3) by adding at the end the following:
``(3) Design-build contracting.--
``(A) In general.--A State transportation
department or local transportation agency may
award a design-build contract for a qualified
project described in subparagraph (C) using any
procurement process permitted by applicable
State and local law.
``(B) Limitation on final design.--Final
design under a design-build contract referred
to in subparagraph (A) shall not commence
before compliance with section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332).
``(C) Qualified projects.--A qualified
project referred to in subparagraph (A) is a
project under this chapter for which--
``(i) the Secretary has approved
the use of design-build contracting
described in subparagraph (A) under
criteria specified in regulations
issued by the Secretary; and
``(ii) the total costs are
estimated to exceed--
``(I) in the case of a
project that involves
installation of an intelligent
transportation system,
$5,000,000; and
``(II) in the case of any
other project, $50,000,000.
``(D) Design-build contract defined.--In
this paragraph, the term `design-build
contract' means an agreement that provides for
design and construction of a project by a
contractor, regardless of whether the agreement
is in the form of a design-build contract, a
franchise agreement, or any other form of
contract approved by the Secretary.''.
(b) Inapplicability of Standardized Contract Clause
Requirement.--Section 112(e)(2) of such title is amended--
(1) by striking ``Paragraph'' and inserting the
following:
``(A) State law.--Paragraph'';
(2) by adding at the end the following:
``(B) Design-build contracts.--Paragraph
(1) shall not apply to any design-build
contract approved under subsection (b)(3).'';
and
(3) by aligning the remainder of the text of
subparagraph (A) (as designated by paragraph (1) of
this subsection) with subparagraph (B) of such section
(as added by paragraph (2) of this subsection).
(c) Regulations.--
(1) In general.--Not later than the effective date
specified in subsection (e), after consultation with
the American Association of State Highway and
Transportation Officials and representatives from
affected industries, the Secretary shall issue
regulations to carry out the amendments made by this
section.
(2) Contents.--The regulations shall--
(A) identify the criteria to be used by the
Secretary in approving the use by a State
transportation department or local
transportation agency of design-build
contracting; and
(B) establish the procedures to be followed
by a State transportation department or local
transportation agency for obtaining the
Secretary's approval of the use of design-build
contracting by the department or agency.
(d) Effect on Experimental Program.--Nothing in this
section or the amendments made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning design-build contracting that
is being carried out by the Secretary as of the date of
enactment of this Act.
(e) Effective Date for Amendments.--
(1) In general.--The amendments made by this
section take effect 3 years after the date of enactment
of this Act.
(2) Transition provision.--
(A) In general.--During the period before
issuance of the regulations under subsection
(c), the Secretary may approve, in accordance
with an experimental program described in
subsection (d), design-build contracts to be
awarded using any process permitted by
applicable State and local law; except that
final design under any such contract shall not
commence before compliance with section 102 of
the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
(B) Previously awarded contracts.--The
Secretary may approve design-build contracts
awarded before the date of enactment of this
Act.
(C) Design-build contract defined.--In this
paragraph, the term ``design-build contract''
means an agreement that provides for design and
construction of a project by a contractor,
regardless of whether the agreement is in the
form of a design-build contract, a franchise
agreement, or any other form of contract
approved by the Secretary.
(f) Report to Congress.--
(1) In general.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the effectiveness of
design-build contracting procedures.
(2) Contents.--The report shall contain--
(A) an assessment of the effect of design-
build contracting on project quality, project
cost, and timeliness of project delivery;
(B) recommendations on the appropriate
level of design for design-build procurements;
(C) an assessment of the impact of design-
build contracting on small businesses;
(D) assessment of the subjectivity used in
design-build contracting; and
(E) such recommendations concerning design-
build contracting procedures as the Secretary
determines to be appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study
set forth in section 450.318 of title 23, Code of Federal
Regulations, as a separate requirement, and promulgate
regulations to integrate such requirement, as appropriate, as
part of the analyses required to be undertaken pursuant to the
planning provisions of title 23, United States Code, and
chapter 53 of title 49, United States Code, and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
Federal-aid highway and transit projects. The scope of the
applicability of such regulations shall be no broader than the
scope of such section.
SEC. 1309. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary
shall develop and implement a coordinated environmental
review process for highway construction projects that
require--
(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental
assessment under such Act; or
(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an
environmental permit, license, or approval by
operation of Federal law.
(2) Memorandum of understanding.--
(A) In general.--The coordinated
environmental review process for each project
shall ensure that, whenever practicable (as
specified in this section), all environmental
reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or
made by any Federal agency for the project
concerned shall be conducted concurrently and
completed within a cooperatively determined
time period. Such process for a project or
class of project may be incorporated into a
memorandum of understanding between the
Department of Transportation and Federal
agencies (and, where appropriate, State
agencies).
(B) Establishment of time periods.--In
establishing the time period referred to in
subparagraph (A), and any time periods for
review within such period, the Department and
all such agencies shall take into account their
respective resources and statutory commitments.
(b) Elements of Coordinated Environmental Review Process.--
For each project, the coordinated environmental review process
established under this section shall provide, at a minimum, for
the following elements:
(1) Federal agency identification.--The Secretary
shall, at the earliest possible time, identify all
potential Federal agencies that--
(A) have jurisdiction by law over
environmental-related issues that may be
affected by the project and the analysis of
which would be part of any environmental
document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently--
(i) conduct an environmental-
related review or analysis; or
(ii) determine whether to issue a
permit, license, or approval or render
an opinion on the environmental impact
of the project.
(2) Time limitations and concurrent review.--The
Secretary and the head of each Federal agency
identified under paragraph (1)--
(A)(i) shall jointly develop and establish
time periods for review for--
(I) all Federal agency comments
with respect to any environmental
review documents required by the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
project; and
(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits,
licenses, and approvals that must be
issued or made for the project;
whereby each such Federal agency's review shall
be undertaken and completed within such
established time periods for review; or
(ii) may enter into an agreement to
establish such time periods for review with
respect to a class of project; and
(B) shall ensure, in establishing such time
periods for review, that the conduct of any
such analysis, review, opinion, and decision is
undertaken concurrently with all other
environmental reviews for the project,
including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); except that such review may not
be concurrent if the affected Federal agency
can demonstrate that such concurrent review
would result in a significant adverse impact to
the environment or substantively alter the
operation of Federal law or would not be
possible without information developed as part
of the environmental review process.
(3) Factors to be considered.--Time periods for
review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections 1501.8
and 1506.10 of title 40, Code of Federal Regulations.
(4) Extensions.--The Secretary shall extend any
time periods for review under this section if, upon
good cause shown, the Secretary and any Federal agency
concerned determine that additional time for analysis
and review is needed as a result of new information
that has been discovered that could not reasonably have
been anticipated when the Federal agency's time periods
for review were established. Any memorandum of
understanding shall be modified to incorporate any
mutually agreed-upon extensions.
(c) Dispute Resolution.--When the Secretary determines that
a Federal agency which is subject to a time period for its
environmental review or analysis under this section has failed
to complete such review, analysis, opinion, or decision on
issuing any permit, license, or approval within the established
time period or within any agreed-upon extension to such time
period, the Secretary may, after notice and consultation with
such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with
this section, that an environmental issue related to the
project that an affected Federal agency has jurisdiction over
by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the
matter not later than 30 days after the date of the finding by
the Secretary.
(d) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, a State, by operation of State law, may require
that all State agencies that have jurisdiction by State or
Federal law over environmental-related issues that may be
affected by the project, or that are requiredto issue any
environmental-related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be subject
to the coordinated environmental review process established under this
section unless the Secretary determines that a State's participation
would not be in the public interest. For a State to require State
agencies to participate in the review process, all affected agencies of
the State shall be subject to the review process.
(e) Assistance to Affected Federal Agencies.--
(1) In general.--The Secretary may approve a
request by a State to provide funds made available
under chapter 1 of title 23, United States Code, to the
State for the project subject to the coordinated
environmental review process established under this
section to affected Federal agencies to provide the
resources necessary to meet any time limits established
under this section.
(2) Amounts.--Such requests under paragraph (1)
shall be approved only--
(A) for the additional amounts that the
Secretary determines are necessary for the
affected Federal agencies to meet the time
limits for environmental review; and
(B) if such time limits are less than the
customary time necessary for such review.
(f) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall
affect the reviewability of any final Federal agency
action in a district court of the United States or in
the court of any State.
(2) Savings clause.--Nothing in this section shall
affect the applicability of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any
other Federal environmental statute or affect the
responsibility of any Federal officer to comply with or
enforce any such statute.
(g) Federal Agency Defined.--In this section, the term
``Federal agency'' means any Federal agency or any State agency
carrying out affected responsibilities required by operation of
Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 109 the following:
``Sec. 110. Uniform transferability of Federal-aid highway funds
``(a) General Rule.--Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50
percent of a State's apportionment under section 104 or 144 for
a fiscal year or at least 50 percent of the funds set-aside
under section 133(d) from the State's apportionment section
104(b)(3) may not be transferred to any other apportionment of
the State under section 104 or 144 for such fiscal year, then
the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such
State under section 104 or 144 for such fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last
sentence of section 133(d)(1) or to section 104(f) or to
section 133(d)(3). The maximum amount that a State may transfer
under this section of the State's set-aside under section
133(d)(1) or 133(d)(2) for a fiscal year may not exceed 25
percent of (1) the amount of such set-aside, less (2) the
amount of the State's set-aside under such section for fiscal
year 1997.
``(c) Application to Certain CMAQ Funds.--The maximum
amount that a State may transfer under this section of the
State's apportionment under section 104(b)(2) for a fiscal year
may not exceed 50 percent of (1) the amount of such
apportionment, less (2) the amount that the State's
apportionment under section 104(b)(2) for such fiscal year
would have been had the program been funded at $1,350,000,000.
Any such funds apportioned under section 104(b)(2) and
transferred under this section may only be obligated in
geographic areas eligible for the obligation of funds
apportioned under section 104(b)(2).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by inserting after the item relating to
section 109 the following:
``110. Uniform transferability of Federal-aid highway funds.''.
Subtitle D--Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting
the following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after
``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a
State may, at its discretion--
``(A) identify, through a survey, hazards
to motorists, bicyclists, pedestrians, and
users of highway facilities; and
``(B) develop and implement projects and
programs to address the hazards.''; and
(D) by aligning the remainder of the text
of paragraph (1) (as designated by subparagraph
(A) of this paragraph) with paragraph (2) of
such subsection (as added by subparagraph (C)
of this paragraph);
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety
improvement project, including a project described in
subsection (a)'';
(3) in subsection (c) by striking ``on any public
road (other than a highway on the Interstate System).''
and inserting the following: ``on--
``(1) any public road;
``(2) any public surface transportation facility or
any publicly owned bicycle or pedestrian pathway or
trail; or
``(3) any traffic calming measure.'';
(4) in subsection (e)--
(A) by striking ``apportioned to'' in the
first sentence and all that follows through
``shall be'' in the second sentence; and
(B) by striking ``section 104(b)(1)'' and
inserting ``section 104(b)''; and
(5) in subsections (f) and (g) by striking
``highway safety improvement projects'' each place it
appears and inserting ``safety improvement projects''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
issue guidance regarding the benefits and safety
performance of redirective and nonredirective crash
cushions in different road applications, taking into
consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-
of-way, and any other relevant factors. The guidance
shall include recommendations on the most appropriate
circumstances for utilization of redirective and
nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance
issued under this subsection in evaluating the safety
and cost-effectiveness of utilizing different crash
cushion designs and determining whether directive or
nonredirective crash cushions or other safety
appurtenances should be installed at specific highway
locations.
(b) Traffic Flow and Safety Applications of Road
Barriers.--
(1) Study.--The Secretary shall conduct a study on
the technologies and methods to enhance safety,
streamline construction, and improve capacity by
providing positive separation at all times between
traffic, equipment, and workers on highway construction
projects. The study shall also address how such
technologies can be used to improve capacity and safety
at those specific highway, bridge, and other
appropriate locations where reversible lane,
contraflow, and high occupancy vehicle lane operations
are implemented during peak traffic periods.
(2) Uses to consider.--In conducting the study, the
Secretary shall consider, at a minimum, uses of
positive separation technologies related to--
(A) separating workers from traffic flow
when work is in progress;
(B) providing additional safe work space by
utilizing adjacent and available traffic lanes
during off-peak hours;
(C) rapid deployment to allow for daily or
periodic restoration of lanes for use by
traffic during peak hours as needed;
(D) mitigating congestion caused by
construction by--
(i) opening all adjacent and
available lanes to traffic during peak
traffic hours; or
(ii) using reversible lanes to
optimize capacity of the highway by
adjusting to directional traffic flow;
and
(E) permanent use of positive separation
technologies to create contraflow or reversible
lanes to increase the capacity of congested
highways, bridges, and tunnels.
(3) Report.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the results of the
study. The report shall include findings and
recommendations for the use of the technologies
referred to in paragraph (2) to provide positive
separation on appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 157 and inserting the following:
``Sec. 157. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Motor vehicle.--The term `motor vehicle'
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line.
``(2) Multipurpose passenger motor vehicle.--The
term `multipurpose passenger motor vehicle' means a
motor vehicle with motive power (except a trailer),
designed to carry not more than 10 individuals, that is
constructed on a truck chassis or is constructed with
special features for occasional off-road operation.
``(3) National average seat belt use rate.--The
term `national average seat belt use rate' means, in
the case of each of calendar years 1996 through 2001,
the national average seat belt use rate for that year,
as determined by the Secretary.
``(4) Passenger car.--The term `passenger car'
means a motor vehicle with motive power (except a
multipurpose passenger motor vehicle, motorcycle, or
trailer) designed to carry not more than 10
individuals.
``(5) Passenger motor vehicle.--The term `passenger
motor vehicle' means a passenger car or a multipurpose
passenger motor vehicle.
``(6) Savings to the federal government.--The term
`savings to the Federal Government' means the amount of
Federal budget savings relating to Federal medical
costs (including savingsunder the medicare and medicaid
programs under titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq.)), as determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body
passenger motor vehicle, including a
convertible, an occupant restraint system
consisting of a lap belt or a lap belt and a
detachable shoulder belt; and
``(B) with respect to any other passenger
motor vehicle, an occupant restraint system
consisting of integrated lap and shoulder
belts.
``(8) State seat belt use rate.--The term `State
seat belt use rate' means the rate of use of seat belts
in passenger motor vehicles in a State, as measured and
submitted to the Secretary--
``(A) for each of calendar years 1996 and
1997, by the State, as weighted by the
Secretary to ensure national consistency in
methods of measurement (as determined by the
Secretary); and
``(B) for each of calendar years 1998
through 2001, by the State in a manner
consistent with the criteria established by the
Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than
September 1, 1998, and September 1 of each calendar year
thereafter through September 1, 2002, the Secretary shall
determine--
``(1)(A) which States had, for each of the previous
calendar years (in this subsection referred to as the
`previous calendar year') and the year preceding the
previous calendar year, a State seat belt use rate
greater than the national average seat belt use rate
for that year; and
``(B) in the case of each State described in
subparagraph (A), the amount that is equal to the
savings to the Federal Government due to the amount by
which the State seat belt use rate for the previous
calendar year exceeds the national average seat belt
use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the
State, which shall be equal to the highest
State seat belt use rate for the State for any
calendar year during the period of 1996 through
the calendar year preceding the previous
calendar year; and
``(B) the amount that is equal to the
savings to the Federal Government due to any
increase in the State seat belt use rate for
the previous calendar year over the base seat
belt use rate determined under subparagraph
(A).
``(c) Allocations.--
``(1) States with greater than the national average
seat belt use rate.--Not later than October 1, 1998,
and each October 1 thereafter through October 1, 2002,
the Secretary shall allocate to each State described in
subsection (b)(1)(A) an amount equal to the amount
determined for the State under subsection (b)(1)(B).
``(2) Other states.--Not later than October 1,
1998, and each October 1 thereafter through October 1,
2002, the Secretary shall allocate to each State
described in subsection (b)(2) an amount equal to the
amount determined for the State under subsection
(b)(2)(B).
``(d) Use of Amounts.--For each fiscal year, each State
that is allocated an amount under this section shall use the
amount for projects eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
criteria for the measurement of State seat belt use rates by
States to ensure that the measurements are accurate and
representative.
``(f) Innovative Seat Belt Project Allocations.--
``(1) In general.--The Secretary shall use amounts
made available under subsection (g)(3) to make
allocations to States to carry out innovative projects
to promote increased seat belt use rates.
``(2) Determination of eligibility.--To be eligible
to receive an allocation under this subsection for a
fiscal year, a State shall--
``(A) develop a plan for innovative
projects described in paragraph (1); and
``(B) submit the plan to the Secretary not
later than March 1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1,
1998, the Secretary shall establish criteria
for the selection of State plans for
allocations under this subsection.
``(B) Selection.--The Secretary shall
select State plans for allocations under this
subsection in accordance with the criteria
established under subparagraph (A).
``(C) States.--In carrying out this
paragraph, the Secretary shall ensure, to the
maximum extent practicable, demographic and
geographic diversity and a diversity of seat
belt use rates among the States selected for
allocations.
``(4) Allocation.--Not later than October 1, 1999,
and each October 1 thereafter through October 1, 2002,
the Secretary shall allocate funds to the States whose
plans were selected under paragraph (3).
``(5) Amount of allocations.--Subject to the
availability of unallocated amounts under subsection
(g)(3), the amount of each allocation to a State under
this subsection shall be not less than $100,000 for
each fiscal year that is covered by a State plan.
``(6) Use of allocations.--An allocation to a State
under this subsection shall be used to carry out the
innovative seat belt projects described in the State
plan for which the allocation is awarded.
``(7) Federal share.--The Federal share of the cost
of an innovative seat belt project under this section
shall be 100 percent.
``(8) Period of availability.--Amounts allocated to
a State under this subsection shall remain available
for obligation in the State for a period of 3 years
after the last day of the fiscal year for which the
amounts are allocated.
``(g) Funding.--
``(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$82,000,000 for fiscal year 1999, $92,000,000 for
fiscal year 2000, $102,000,000 for fiscal year 2001,
$112,000,000 for fiscal year 2002, and $112,000,000 for
fiscal year 2003.
``(2) Proportionate adjustment.--If the total
amounts to be allocated under subsection (c) for any
fiscal year would exceed the amounts authorized for the
fiscal year under paragraph (1), the allocation to each
State under subsection (c) shall be reduced
proportionately.
``(3) Use of unallocated funds.--
``(A) Fiscal year 1999.--To the extent that
the amounts made available for fiscal year 1999
under paragraph (1) exceed the total amounts to
be allocated under subsection (c) for fiscal
year 1999, the excess amounts--
``(i) shall be apportioned in
accordance with section 104(b)(3);
``(ii) shall be considered to be
sums made available for expenditure on
the surface transportation program,
except that the amounts shall not be
subject to section 133(d); and
``(iii) shall be available for any
purpose eligible for funding under
section 133.
``(B) Fiscal years 2000 through 2003.--To
the extent that the amounts made available for
any of fiscal years 2000 through 2003 under
paragraph (1) exceed the total amounts to be
allocated under subsection (c) for the fiscal
year, the excess amounts shall be used to make
allocations under subsection (f).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 157 and inserting the following:
``157. Safety incentive grants for use of seat belts.''.
(c) Savings Clause.--The amendment made by subsection (a)
shall not affect any funds apportioned or allocated before the
date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
``(a) General Authority.--The Secretary shall make a grant,
in accordance with this section, to any State that has enacted
and is enforcing a law that provides that any person with a
blood alcohol concentration of 0.08 percent or greater while
operating a motor vehicle in the State shall be deemed to have
committed a per se offense of driving while intoxicated (or an
equivalent per se offense).
``(b) Grants.--For each fiscal year, funds authorized to
carry out this section shall be apportioned to each State that
has enacted and is enforcing a law meeting the requirements of
subsection (a) in an amount determined by multiplying--
``(1) the amount authorized to carry out this
section for the fiscal year; by
``(2) the ratio that the amount of funds
apportioned to each such State under section 402 for
such fiscal year bears to the total amount of funds
apportioned to all such States under section 402 for
such fiscal year.
``(c) Use of Grants.--A State may obligate funds
apportioned under subsection (b) for any project eligible for
assistance under this title.
``(d) Federal Share.--The Federal share of the cost of a
project funded under this section shall be 100 percent.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$55,000,000 for fiscal year 1998, $65,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year
2003.
``(2) Availability of funds.--Notwithstanding
section 118(b)(2), the funds authorized by this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
Subtitle E--Finance
CHAPTER 1--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE.
This chapter may be cited as the ``Transportation
Infrastructure Finance and Innovation Act of 1998''.
SEC. 1502. FINDINGS.
Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) traditional public funding techniques such as
grant programs are unable to keep pace with the
infrastructure investment needs of the United States
because of budgetary constraints at the Federal, State,
and local levels of government;
(3) major transportation infrastructure facilities
that address critical national needs, such as
intermodal facilities, border crossings, and multistate
trade corridors, are of a scale that exceeds the
capacity of Federal and State assistance programs in
effect on the date of enactment of this Act;
(4) new investment capital can be attracted to
infrastructure projects that are capable of generating
their own revenue streams through user charges or other
dedicated funding sources; and
(5) a Federal credit program for projects of
national significance can complement existing funding
resources by filling market gaps, thereby leveraging
substantial private co-investment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``Sec. 181. Definitions
``In this subchapter, the following definitions apply:
``(1) Eligible project costs.--The term `eligible
project costs' means amounts substantially all of which
are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
``(A) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
permitting, preliminary engineering and design
work, and other preconstruction activities;
``(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land related to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
``(C) capitalized interest necessary to
meet market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
``(2) Federal credit instrument.--The term `Federal
credit instrument' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under this subchapter with respect to a
project.
``(3) Investment-grade rating.--The term
`investment-grade rating' means a rating category of
BBB minus, Baa3, or higher assigned by a rating agency
to project obligations offered into the capital
markets.
``(4) Lender.--The term `lender' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or any successor regulation), known as
Rule 144A(a) of the Securities and Exchange Commission
and issued under the Securities Act of 1933 (15 U.S.C.
77a et seq.)), including--
``(A) a qualified retirement plan (as
defined in section 4974(c) of the Internal
Revenue Code of 1986) that is a qualified
institutional buyer; and
``(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
``(5) Line of credit.--The term `line of credit'
means an agreement entered into by the Secretary with
an obligor under section 184 to provide a direct loan
at a future date upon the occurrence of certain events.
``(6) Loan guarantee.--The term `loan guarantee'
means any guarantee or other pledge by the Secretary to
pay all or part of the principal of and interest on a
loan or other debt obligation issued by an obligor and
funded by a lender.
``(7) Local servicer.--The term `local servicer'
means--
``(A) a State infrastructure bank
established under this title; or
``(B) a State or local government or any
agency of a State or local government that
isresponsible for servicing a Federal credit instrument on behalf of
the Secretary.
``(8) Obligor.--The term `obligor' means a party
primarily liable for payment of the principal of or
interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
``(9) Project.--The term `project' means--
``(A) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
``(B) a project for an international bridge
or tunnel for which an international entity
authorized under Federal or State law is
responsible.
``(C) a project for intercity passenger bus
or rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
``(D) a project for publicly owned
intermodal surface freight transfer facilities,
other than seaports and airports, if the
facilities are located on or adjacent to
National Highway System routes or connections
to the National Highway System.
``(10) Project obligation.--The term `project
obligation' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
``(11) Rating agency.--The term `rating agency'
means a bond rating agency identified by the Securities
and Exchange Commission as a Nationally Recognized
Statistical Rating Organization.
``(12) Secured loan.--The term `secured loan' means
a direct loan or other debt obligation issued by an
obligor and funded by the Secretary in connection with
the financing of a project under section 183.
``(13) State.--The term `State' has the meaning
given the term in section 101.
``(14) Subsidy amount.--The term `subsidy amount'
means the amount of budget authority sufficient to
cover the estimated long-term cost to the Federal
Government of a Federal credit instrument, calculated
on a net present value basis, excluding administrative
costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.).
``(15) Substantial completion.--The term
`substantial completion' means the opening of a project
to vehicular or passenger traffic.
``Sec. 182. Determination of eligibility and project selection
``(a) Eligibility.--To be eligible to receive financial
assistance under this subchapter, a project shall meet the
following criteria:
``(1) Inclusion in transportation plans and
programs.--The project--
``(A) shall be included in the State
transportation plan required under section 135;
and
``(B) at such time as an agreement to make
available a Federal credit instrument is
entered into under this subchapter, shall be
included in the approved State transportation
improvement program required under section 134.
``(2) Application.--A State, a local servicer
identified under section 185(a), or the entity
undertaking the project shall submit a project
application to the Secretary.
``(3) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under this subchapter, a project shall have
eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i) $100,000,000; or
``(ii) 50 percent of the amount of
Federal highway assistance funds
apportioned for the most recently
completed fiscal year to the State in
which the project is located.
``(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed $30,000,000.
``(4) Dedicated revenue sources.--Project financing
shall be repayable, in whole or in part, from tolls,
user fees, or other dedicated revenue sources.
``(5) Public sponsorship of private entities.--In
the case of a project that is undertaken by an entity
that is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraphs (1) and
(2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility criteria specified in subsection (a).
``(2) Selection criteria.--
``(A) In general.--The selection criteria
shall include the following:
``(i) The extent to which the
project is nationally or regionally
significant, in terms of generating
economic benefits, supporting
international commerce, or otherwise
enhancing the national transportation
system.
``(ii) The creditworthiness of the
project, including a determination by
the Secretary that any financing for
the project has appropriate security
features, such as a rate covenant, to
ensure repayment.
``(iii) The extent to which
assistance under this subchapter would
foster innovative public-private
partnerships and attract private debt
or equity investment.
``(iv) The likelihood that
assistance under this subchapter would
enable the project to proceed at an
earlier date than the project would
otherwise be able to proceed.
``(v) The extent to which the
project uses new technologies,
including intelligent transportation
systems, that enhance the efficiency of
the project.
``(vi) The amount of budget
authority required to fund the Federal
credit instrument made available under
this subchapter.
``(vii) The extent to which the
project helps maintain or protect the
environment.
``(viii) The extent to which
assistance under this chapter would
reduce the contribution of Federal
grant assistance to the project.
``(B) Preliminary rating opinion letter.--
For purposes of subparagraph (A)(ii), the
Secretary shall require each project applicant
to provide a preliminary rating opinion letter
from at least 1 rating agency indicating that
the project's senior obligations have the
potential to achieve an investment-grade
rating.
``(c) Federal Requirements.--In addition to the
requirements of this title for highway projects, chapter 53 of
title 49 for transit projects, and section 5333(a) of title 49
for rail projects, the following provisions of law shall apply
to funds made available under this subchapter and projects
assisted with the funds:
``(1) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
``(2) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
``Sec. 183. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2)
through (4), the Secretary may enter into agreements
with 1 or more obligors to make secured loans, the
proceeds of which shall be used--
``(A) to finance eligible project costs; or
``(B) to refinance interim construction
financing of eligible project costs;
of any project selected under section 182.
``(2) Limitation on refinancing of interim
construction financing.--A loan under paragraph (1)
shall not refinance interim construction financing
under paragraph (1)(B) later than 1 year after the date
of substantial completion of the project.
``(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each secured loan, taking
into account such letter.
``(4) Investment-grade rating requirement.--The
funding of a secured loan under this section shall be
contingent on the project's senior obligations
receiving an investment-grade rating, except that--
``(A) the Secretary may fund an amount of
the secured loan not to exceed the capital
reserve subsidy amount determined under
paragraph (3) prior to the obligations
receiving an investment-grade rating; and
``(B) the Secretary may fund the remaining
portion of the secured loan only after the
obligations have received an investment-grade
rating by at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this
section with respect to a project shall be on such
terms and conditions and contain such covenants,
representations, warranties, and requirements
(including requirements for audits) as the Secretary
determines appropriate.
``(2) Maximum amount.--The amount of the secured
loan shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in
part, from tolls, user fees, or other
dedicated revenue sources; and
``(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
``(B) may have a lien on revenues described
in subparagraph (A) subject to any lien
securing project obligations.
``(4) Interest rate.--The interest rate on the
secured loan shall be not less than the yield on
marketable United States Treasury securities of a
similar maturity to the maturity of the secured loan on
the date of execution of the loan agreement.
``(5) Maturity date.--The final maturity date of
the secured loan shall be not later than 35 years after
the date of substantial completion of the project.
``(6) Nonsubordination.--The secured loan shall not
be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
``(8) Non-federal share.--The proceeds of a secured
loan under this subchapter may be used for any non-
Federal share of project costs required under this
title or chapter 53 of title 49, if the loan is
repayable from non-Federal funds.
``(c) Repayment.--
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