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[Congressional Record: May 22, 1998 (House)]
[Page H3792-H3842]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22my98-159]
CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY ACT FOR THE
21ST CENTURY
Mr. SHUSTER submitted the following conference report and statement
on
[[Page H3793]]
the bill (H.R. 2400) to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes:
Conference Report (H. Rept. 105-550)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2400), to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Inteligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National transit institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions in
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustment for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
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Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorizations of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND
BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation
upon termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for department of
defense special separation benefit program.
Sec. 8209. Sense of Congress concerning recovery from tobacco companies
of costs of treatment of veterans for tobacco-related
illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol
fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak
States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23,
United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code, $3,427,341,000 for fiscal year 1998,
$3,957,103,000 for fiscal year 1999, $3,994,524,000 for
fiscal year 2000, $4,073,322,000 for fiscal year 2001,
$4,139,630,000 for fiscal year 2002, and $4,217,635,000 for
fiscal year 2003.
(2) National highway system.--For the National Highway
System under section 103 of such title $4,112,480,000 for
fiscal year 1998, $4,748,523,000 for fiscal year 1999,
$4,793,429,000 for fiscal year 2000, $4,887,986,000 for
fiscal year 2001, $4,967,556,000 for fiscal year 2002, and
$5,061,162,000 for fiscal year 2003.
(3) Bridge program.--For the bridge program under section
144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for
fiscal year 2000, $3,495,104,000 for fiscal year 2001,
$3,552,016,000 for fiscal year 2002, and $3,618,966,000 for
fiscal year 2003.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for
fiscal year 1999, $5,592,333,000 for fiscal year 2000,
$5,702,651,000 for fiscal year 2001, $5,795,482,000 for
fiscal year 2002, and $5,904,689,000 for fiscal year 2003.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for
fiscal year 1999, $1,358,138,000 for fiscal year 2000,
$1,384,930,000 for fiscal year 2001, $1,407,474,000 for
fiscal year 2002, and $1,433,996,000 for fiscal year 2003.
(6) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years
1999 through 2003.
(7) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000
for fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of such title $225,000,000 for fiscal year
1998 and $275,000,000 for each of fiscal years 1999 through
2003.
(B) Public lands highways.--For public lands highways under
section 204 of such title $196,000,000 for fiscal year 1998
and $246,000,000 for each of fiscal years 1999 through 2003.
(C) Park roads and parkways.--For park roads and parkways
under section 204 of such title $115,000,000 for fiscal year
1998 and $165,000,000 for each of fiscal years 1999 through
2003.
(D) Refuge roads.--For refuge roads under section 204 of
such title $20,000,000 for each of fiscal years 1999 through
2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the national
corridor planning and development and coordinated border
infrastructure programs under sections 1118 and 1119 of this
Act $140,000,000 for each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005) $30,000,000 for each of fiscal year
1998 and $38,000,000 for each of fiscal years 1999 through
2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and
1999, $24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for
fiscal year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) $7,000,000 for fiscal year 1999, and
$11,000,000 for each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000
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for fiscal year 2002, and $1,771,655,000 for fiscal year
2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000
for each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998
through 2003.
(b) Disadvantaged Business Enterprises.--
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small business
concern'' has the meaning such term has under section 3 of
the Small Business Act (15 U.S.C. 632); except that such term
shall not include any concern or group of concerns controlled
by the same socially and economically disadvantaged
individual or individuals which has average annual gross
receipts over the preceding 3 fiscal years in excess of
$16,600,000, as adjusted by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning such term has under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated pursuant
thereto; except that women shall be presumed to be socially
and economically disadvantaged individuals for purposes of
this subsection.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in paragraph (1) and the
location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns
which are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include but
not be limited to on-site visits, personal interviews,
licenses, analysis of stock ownership, listing of
equipment, analysis of bonding capacity, listing of work
completed, resume of principal owners, financial capacity,
and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of
this Act, if the entity or person is prevented, in whole or
in part, from complying with paragraph (1) because a Federal
court issues a final order in which the court finds that the
requirement of paragraph (1), or the program established
under paragraph (1), is unconstitutional.
(6) Review by comptroller general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a review of, and
publish and report to Congress findings and conclusions on,
the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of--
(A) in the case of small business concerns certified in
each State under paragraph (4) as owned and controlled by
socially and economically disadvantaged individuals--
(i) the number of the small business concerns; and
(ii) the participation rates of the small business concerns
in prime contracts and subcontracts funded under titles I,
III, and V of this Act;
(B) in the case of small business concerns described in
subparagraph (A) that receive prime contracts and
subcontracts funded under titles I, III, and V of this Act--
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small business
concerns; and
(iii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
(C) in the case of small business concerns described in
subparagraph (A) that do not receive prime contracts and
subcontracts funded under titles I, III, and V of this Act--
(i) the annual gross receipts of the small business
concerns; and
(ii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
(D) in the case of business concerns that receive prime
contracts and subcontracts funded under titles I, III, and V
of this Act, other than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of the business concerns; and
(ii) the net worth of individuals that own and control the
business concerns;
(E) the rate of graduation from any programs carried out to
comply with the requirement of paragraph (1) for small
business concerns owned and controlled by socially and
economically disadvantaged individuals;
(F) the overall cost of administering the requirement of
paragraph (1), including administrative costs, certification
costs, additional construction costs, and litigation costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns owned
and controlled by socially and economically disadvantaged
individuals;
(H)(i) any other factors limiting the ability of small
business concerns owned and controlled by socially and
economically disadvantaged individuals to compete for prime
contracts and subcontracts funded under titles I, III, and V
of this Act; and
(ii) the extent to which any of those factors are caused,
in whole or in part, by discrimination based on race, color,
national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies owned
and controlled by socially and economically disadvantaged
individuals in public and private transportation contracting
and the financial, credit, insurance, and bond markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of--
(i) the issuance of a final order described in paragraph
(5) by a Federal court that suspends a program established
under paragraph (1); or
(ii) the repeal or suspension of State or local
disadvantaged business enterprise programs; and
(K) the impact of the requirement of paragraph (1), and any
program carried out to comply with paragraph (1), on
competition and the creation of jobs, including the creation
of jobs for socially and economically disadvantaged
individuals.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other
provision of law but subject to subsections (g) and (h), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of enactment of this
Act; and
(8) under section 105 of title 23, United States Code but,
for each of fiscal years 1998 through 2007, only in an amount
equal to $639,000,000 per fiscal year.
(c) Distribution of Obligation Authority.--For each of
fiscal years 1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized
for administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the
highway use tax evasion program and the Bureau of
Transportation Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection (a) for
such fiscal year less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highway and highway safety construction programs
(other than sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of subsection (b) and
sums authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) for section 117 of title 23,
United States Code (relating to high priority projects
program), section 201 of the Appalachian Regional Development
Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act
of 1995, and $2,000,000,000 for such fiscal year under
section 105 of such title (relating to minimum guarantee) so
that amount of obligation authority available for each of
such sections is equal to the amount determined by
multiplying the ratio determined under paragraph (3) by the
sums authorized to be appropriated for such section (except
in the case of section 105, $2,000,000,000) for such fiscal
year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by
the Secretary under this Act and title 23, United States
Code (other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by
multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for such program
for such fiscal year; and
[[Page H3796]]
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highway and highway
safety construction programs (other than the minimum
guarantee program, but only to the extent that amounts
apportioned for the minimum guarantee program for such fiscal
year exceed $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the ratio
that--
(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the sums authorized to be appropriated for
such programs that are apportioned to all States for such
fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall after
August 1 of each of fiscal years 1998 through 2003 revise a
distribution of the obligation authority made available under
subsection (c) if a State will not obligate the amount
distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts
in addition to those previously distributed during that
fiscal year giving priority to those States having large
unobligated balances of funds apportioned under sections 104
and 144 of title 23, United States Code, under section 160 of
title 23, United States Code (as in effect on the day before
the date of enactment of this Act), and under section 1015 of
the Intermodal Surface Transportation Act of 1991 (105 Stat.
1943-1945).
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23,
United States Code, and under title VI of this Act.
(f) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
authority under subsection (c) for each of fiscal years 1998
through 2003, the Secretary shall distribute to the States
any funds (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highway programs (other
than the program under section 160 of title 23, United
States Code) and for carrying out subchapter I of chapter
311 of title 49, United States Code, and chapter 4 of
title 23, United States Code, and (2) that the Secretary
determines will not be allocated to the States, and will
not be available for obligation, in such fiscal year due
to the imposition of any obligation limitation for such
fiscal year. Such distribution to the States shall be made
in the same ratio as the distribution of obligation
authority under subsection (c)(6). The funds so
distributed shall be available for any purposes described
in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for a section set forth
in subsection (c)(4) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be increased by an amount equal to the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such
increase shall be distributed in accordance with this
section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the
minimum guarantee program under section 105, the Federal
lands highway program under section 204, or the
Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.), the Secretary shall deduct a sum,
in an amount not to exceed 1\1/2\ percent of all sums so
made available, as the Secretary determines necessary--
``(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary shall
take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title is
amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-aside authorized by subsection
(f), shall apportion the remainder of the sums authorized to
be appropriated for expenditure on the Interstate and
National Highway System program, the congestion mitigation
and air quality improvement program, and the surface
transportation program for that fiscal year, among the
several States in the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years 1999 through
2003 for the Alaska Highway, and the remainder apportioned as
follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of principal arterial routes
(excluding Interstate System routes) in each State; bears to
``(II) the total lane miles of principal arterial routes
(excluding Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on highways in each State;
bears to
``(II) the total diesel fuel used on highways in all
States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by the
total population of the State; bears to
``(II) the quotient obtained by dividing the total lane
miles on principal arterial highways in all States by the
total population of all States.
``(B) Minimum apportionment.--Notwithstanding subparagraph
(A) and paragraph (4), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under
subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and air
quality improvement program, in the ratio that--
``(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
``(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and maintenance
area population.--Subject to subparagraph (C), for
the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in a
State that was a nonattainment area or maintenance area as
described in section 149(b) for ozone or carbon monoxide
by a factor of--
``(i) 0.8 if--
``(I) at the time of the apportionment, the area is a
maintenance area; or
``(II) at the time of the apportionment, the area is
classified as a submarginal ozone nonattainment area under
the Clean Air Act (42 U.S.C. 7401 et seq.);
``(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
such subpart;
``(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
such subpart;
``(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under such
subpart;
``(vi) 1.4 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
such subpart; or
``(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is classified under subpart 3
of part D of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b) for carbon
monoxide.
``(C) Additional adjustment for carbon monoxide areas.--
``(i) Carbon monoxide nonattainment areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was also classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for carbon
monoxide, the weighted nonattainment or maintenance area
population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further multiplied
by a factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was at one time also classified under
subpart 3 of part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a maintenance
area, the weighted nonattainment or maintenance area
population of the area, as determined
[[Page H3797]]
under clauses (i) through (vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any other
provision of this paragraph, each State shall receive a
minimum of \1/2\ of 1 percent of the funds apportioned under
this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph, the
Secretary shall use the latest available annual estimates
prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation program,
in accordance with the following formula:
``(i) 25 percent of the apportionments in the ratio that--
``(I) the total lane miles of Federal-aid highways in each
State; bears to
``(II) the total lane miles of Federal-aid highways in all
States.
``(ii) 40 percent of the apportionments in the ratio that--
``(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
``(iii) 35 percent of the apportionments in the ratio
that--
``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
``(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate System routes open
to traffic in each State; bears to
``(ii) the total of all such lane miles in all States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on lanes on
Interstate System routes designated under--
``(I) section 103;
``(II) section 139(a) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century) before March 9, 1984 (other than routes on toll
roads not subject to a Secretarial agreement under section
105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692));
and
``(III) section 139(c) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles traveled in all
States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual contributions to the
Highway Trust Fund (other than the Mass Transit Account)
attributable to commercial vehicles; bears to
``(ii) the total of such annual contributions by all
States.
(c) Operation Lifesaver and High Speed Rail Corridors.--
Section 104(d) of such title is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this
section for a fiscal year, the Secretary shall set aside
$500,000 for such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of funds
under subsection (b)(3) for a fiscal year, the Secretary
shall set aside $5,250,000 of the funds made available for
the surface transportation program for the fiscal year for
elimination of hazards of railway-highway crossings.
``(B) Eligible corridors.--Subject to subparagraph (E),
funds made available under subparagraph (A) shall be expended
for projects in--
``(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause);
``(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D);
``(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
``(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from New York City
to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--A
corridor selected by the Secretary under subparagraph (B)
shall include rail lines where railroad speeds of 90 miles or
more per hour are occurring or can reasonably be expected to
occur in the future.
``(D) Considerations in corridor selection.--In selecting
corridors under subparagraph (B), the Secretary shall
consider--
``(i) projected rail ridership volume in each corridor;
``(ii) the percentage of each corridor over which a train
will be capable of operating at its maximum cruise speed
taking into account such factors as topography and other
traffic on the line;
``(iii) projected benefits to nonriders such as congestion
relief on other modes of transportation serving each corridor
(including congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line
and related facilities; and
``(v) the cooperation of the owner of the right-of-way that
can reasonably be expected in the operation of high speed
rail passenger service in each corridor.
``(E) Certain improvements.--Not less than $250,000 of such
set-aside shall be available per fiscal year for eligible
improvements to the Minneapolis/St. Paul-Chicago segment of
the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is authorized
to be appropriated $15,000,000 for each of fiscal years 1999
through 2003 to carry out this subsection.''.
(d) Certification of Apportionments.--Section 104(e) of
such title is amended--
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day
of a fiscal year beginning after September 30, 1998, the
Secretary shall transmit, by such 21st day, to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of
this subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of
such title is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such
title is amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out
the recreational trails program under section 206, the
Secretary shall deduct an amount, not to exceed 1\1/2\
percent of the sums authorized, to cover the cost to the
Secretary for administration of and research and technical
assistance under the recreational trails program and for
administration of the National Recreational Trails Advisory
Committee. The Secretary may enter into contracts with for-
profit organizations or contracts, partnerships, or
cooperative agreements with other government agencies,
institutions of higher learning, or nonprofit organizations
to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums
authorized to be appropriated for expenditure on the
recreational trails program for each fiscal year, among the
States in the following manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned among
eligible States in amounts proportionate to the degree of
non-highway recreational fuel use in each of those States
during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such
title is amended by striking subsection (i) and inserting the
following:
``(i) Audits of Highway Trust Fund.--From administrative
funds deducted under subsection (a), the Secretary may
reimburse the Office of Inspector General of the Department
of Transportation for the conduct of annual audits of
financial statements in accordance with section 3521 of title
31.''.
(h) Report on Obligations.--Section 104 of such title is
amended by striking subsection (j) and inserting the
following:
``(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State
by fiscal year under this section and sections 105 and
144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of
such title is amended by inserting after subsection (j) the
following:
[[Page H3798]]
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available
under this title and transferred for transit projects of a
type described in section 133(b)(2) shall be administered by
the Secretary in accordance with chapter 53 of title 49,
except that the provisions of this title relating to the non-
Federal share shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available
under chapter 53 of title 49 and transferred for highway
projects shall be administered by the Secretary in accordance
with this title, except that the provisions of such chapter
relating to the non-Federal share shall apply to the
transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1)
and (2) shall be transferred in the same manner and amount as
the funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust
Fund.--Section 104 of such title is amended by adding at the
end the following:
``(l) Effect of Certain Delay in Deposits Into Highway
Trust Fund.--Notwithstanding any other provision of law,
deposits into the Highway Trust Fund resulting from the
application of section 901(e) of the Taxpayer Relief Act of
1997 (111 Stat. 872) shall not be taken into account in
determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity
Act for the 21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is
amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first year'' and inserting ``In
general''; and
(II) by striking ``104(b)(2), 104(b)(5), and 104(b)(6)''
and inserting ``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by clause (ii)) by
striking ``paragraphs (1) and (2) of this subsection'' and
inserting ``paragraph (1)''; and
(B) by striking subsection (b) and inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment to any State after
September 30, 1988, shall be available for apportionment
to that State.''.
(3)(A) Section 115(b)(1) of such title is amended by
striking ``104(b)(5)'' and inserting ``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by striking
``section 104(b)(5)(B) of this title'' and inserting
``section 104(b)(4)''.
(C) Section 141(c) of such title is amended by striking
``section 104(b)(5) of this title'' each place it appears and
inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by striking
``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A) by striking
``section 104(b)(5)(A)'' each place it appears and inserting
``section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the
21st Century)'';
(II) in paragraph (1)(A)(ii) by striking ``section
104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century)'';
(III) in paragraph (3)(B) by striking ``(5)(B)'' and
inserting ``(5)(B) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century)''; and
(IV) in paragraphs (3) and (4) by striking ``section
104(b)(5)'' each place it appears and inserting ``section
104(b)(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century)''.
(F) Section 161(a) of such title is amended by striking
``paragraphs (1), (3), and (5)(B) of section 104(b)'' each
place it appears and inserting ``paragraphs (1), (3), and (4)
of section 104(b)''.
(4) Section 142(b) of such title is amended by striking
``paragraph (5) of subsection (b) of section 104 of this
title'' and inserting ``section 104(b)(4)''.
(m) Adjustments for the Surface Transportation Extension
Act of 1997.--
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the
total apportionments for a State (other than Massachusetts)
for fiscal year 1998 made under the Transportation Equity Act
for the 21st Century (including amendments made by such Act)
shall be reduced by the amount apportioned to such State
(other than Massachusetts) under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal
year 1998 and adjusted under paragraph (1) shall first be
used to restore in accordance with section 3(c) of the
Surface Transportation Extension Act of 1997 any funds that a
State transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required
by paragraph (1), then the Secretary shall make an adjustment
to any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other
provision of law, amounts made available for fiscal year 1998
by the Transportation Equity Act for the 21st Century
(including amendments made by such Act) for a program that is
continued by both of sections 4, 5, 6, and 7 of the Surface
Transportation Extension Act of 1997 (including amendments
made by such sections) and the Transportation Equity Act for
the 21st Century (including amendments made by such Act)
shall be reduced by the amount made available by such
sections 4, 5, 6, and 7 for such programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be
considered to be an amount of obligation authority made
available for fiscal year 1998 under section 1102(a) of this
Act.
(n) State Defined.--For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ``State''
means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the
total apportionments for such fiscal year of Interstate
maintenance, national highway system, bridge, congestion
mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee,
high priority projects, Appalachian development highway
system, and recreational trails programs shall equal the
percentage listed for each State in subsection (b).
``(b) State Percentages.--The percentage for each State
referred to in subsection (a) shall be determined in
accordance with the following table:
``States: Percentage
Alabama.......................................................2.0269
Alaska........................................................1.1915
Arizona.......................................................1.5581
Arkansas......................................................1.3214
California....................................................9.1962
Colorado......................................................1.1673
Connecticut...................................................1.5186
Delaware......................................................0.4424
District of Columbia..........................................0.3956
Florida.......................................................4.6176
Georgia.......................................................3.5104
Hawaii........................................................0.5177
Idaho.........................................................0.7718
Illinois......................................................3.3819
Indiana.......................................................2.3588
Iowa..........................................................1.2020
Kansas........................................................1.1717
Kentucky......................................................1.7365
Louisiana.....................................................1.5900
Maine.........................................................0.5263
Maryland......................................................1.5087
Massachusetts.................................................1.8638
Michigan......................................................3.1535
Minnesota.....................................................1.4993
Mississippi...................................................1.2186
Missouri......................................................2.3615
Montana.......................................................0.9929
Nebraska......................................................0.7768
Nevada........................................................0.7248
New Hampshire.................................................0.5163
New Jersey....................................................2.5816
New Mexico....................................................0.9884
New York......................................................5.1628
North Carolina................................................2.8298
North Dakota..................................................0.6553
Ohio..........................................................3.4257
Oklahoma......................................................1.5419
Oregon........................................................1.2183
Pennsylvania..................................................4.9887
Rhode Island..................................................0.5958
South Carolina................................................1.5910
South Dakota..................................................0.7149
Tennessee.....................................................2.2646
Texas.........................................................7.2131
Utah..........................................................0.7831
Vermont.......................................................0.4573
Virginia......................................................2.5627
Washington....................................................1.7875
West Virginia.................................................1.1319
Wisconsin.....................................................1.9916
Wyoming.......................................................0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each
program referred to in subsection (a) (other than
[[Page H3799]]
metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and
recreational trails programs) is equal to the amount
determined by multiplying the amount to be apportioned
under this paragraph by the ratio that--
``(A) the amount of funds apportioned to each State for
each program referred to in subsection (a) for a fiscal year;
bears to
``(B) the total amount of funds apportioned to all States
for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall
apportion the remainder of funds made available under this
section to the States in accordance with section 104(b)(3);
except that requirements of paragraphs (1), (2), and (3) of
section 133(d) shall not apply to amounts apportioned
pursuant to this paragraph.
``(d) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for each of fiscal years 1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the
Secretary, subject to paragraph (2), shall adjust the
percentages in the table in subsection (b) to reflect the
estimated percentage of estimated tax payments attributable
to highway users in each State paid into the Highway Trust
Fund (other than the Mass Transit Account) in the latest
fiscal year for which data is available, to ensure that no
State's return from such Trust Fund is less than 90.5
percent.
``(2) Eligibility threshold for initial adjustment.--The
Secretary may make an adjustment under paragraph (1) for a
State for a fiscal year only if the State's return from the
Highway Trust Fund (other than the Mass Transit Account) for
the preceding fiscal year was equal to or less than 90.5
percent.
``(3) Conforming adjustments.--After making any adjustments
under paragraph (1) for a fiscal year, the Secretary shall
adjust the remaining percentages in the table set forth in
subsection (b) to ensure that the total of the percentages in
the table do not exceed 100 percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the
Secretary shall determine whether or not any State's return
from the Highway Trust Fund (other than the Mass Transit
Account) is less than 90.5 percent as a result of such
adjustments and shall adjust the percentages in the table for
such fiscal year accordingly. Adjustments of the percentages
in the table under this paragraph may not result in the total
of such percentages exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 105 and inserting the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the
following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal
year 1999, and each fiscal year thereafter, the Secretary
shall allocate an amount of funds equal to the amount
determined pursuant to section 251(b)(1)(B)(I)(cc) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
each of the for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee
program) for which funds are allocated from such Trust Fund
by the Secretary under this title and the Transportation
Equity Act for the 21st Century for a fiscal year, bears to
``(B) the total of all sums authorized to be appropriated
from such Trust Fund for such programs for such fiscal year;
``(2) multiply the ratio determined under paragraph (1) by
the total amount of funds to be allocated under subsection
(a) for such fiscal year;
``(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that--
``(A) the sums authorized to be appropriated from such
Trust Fund for each of such programs for such fiscal year,
bears to
``(B) the sums authorized to be appropriated from such
Trust Fund for all such programs for such fiscal year; and
``(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in
the ratio that--
``(A) the total of all funds authorized to be appropriated
from such Trust Fund for Federal-aid highway and highway
safety construction programs that are apportioned to each
State for such fiscal year but for this section, bears to
``(B) the total of all funds authorized to be appropriated
from such Trust Fund for such programs that are apportioned
to all States for such fiscal year but for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a
fiscal year, the Secretary shall ensure that such funds are
apportioned for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, and the congestion mitigation
air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal
year but for this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to carry out this section for fiscal years
beginning after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by striking the item relating to
section 110 and inserting the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) Administration of National Highway System and
Interstate Maintenance Program.--The Secretary shall
administer the National Highway System program and the
Interstate Maintenance program as a combined program for
purposes of allowing States maximum flexibility.
References in this Act and title 23, United States Code,
shall not be affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United
States Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the
National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation
facilities depicted on the map submitted by the Secretary to
Congress with the report entitled `Pulling Together: The
National Highway System and its Connections to Major
Intermodal Terminals' and dated May 24, 1996. The system
shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other
major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The Interstate System described in subsection (c).
``(B) Other urban and rural principal arterial routes.
``(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network consisting of a network
of highways that are important to the United States strategic
defense policy and that provide defense access, continuity,
and emergency capabilities for the movement of personnel,
materials, and equipment in both peacetime and wartime. The
highways may be highways on or off the Interstate System and
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
``(E) Major strategic highway network connectors consisting
of highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated
by the Secretary in consultation with appropriate Federal
agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a
major intermodal terminal, to the National Highway System
that is proposed by a State or that is proposed by a State
and revised by the Secretary if the Secretary determines that
the modification--
``(i) meets the criteria established for the National
Highway System under this title; and
``(ii) enhances the national transportation characteristics
of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
``(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(5) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by
section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031 et seq.) that was not
identified on the National Highway System described in
paragraph (1).
``(6) Eligible projects for nhs.--Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated
for any of the following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the National
Highway System.
``(B) Operational improvements for segments of the National
Highway System.
``(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System, and
construction of a transit project eligible for assistance
under chapter 53 of title 49, if--
[[Page H3800]]
``(i) the highway or transit project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
``(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
``(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
``(D) Highway safety improvements for segments of the
National Highway System.
``(E) Transportation planning in accordance with sections
134 and 135.
``(F) Highway research and planning in accordance with
chapter 5.
``(G) Highway-related technology transfer activities.
``(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(L) Development, establishment, and implementation of
management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetland mitigation efforts related to projects funded under
this title, which may include participation in
natural habitat and wetland mitigation banks,
contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats
and wetland, and development of statewide and regional
natural habitat and wetland conservation and mitigation
plans, including any such banks, efforts, and plans
authorized under the Water Resources Development Act of
1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place
concurrent with or in advance of project construction;
except that contributions in advance of project
construction may occur only if the efforts are consistent
with all applicable requirements of Federal law (including
regulations) and State transportation planning processes.
With respect to participation in a natural habitat or
wetland mitigation effort related to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference shall be
given, to the maximum extent practicable, to the use of
the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60
Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).
``(N) Publicly-owned intracity or intercity bus terminals.
``(O) Infrastructure-based intelligent transportation
systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, any project
eligible for assistance under section 133, any airport, and
any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance
with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
``(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
``(C) Location.--Highways on the Interstate System shall be
located so as--
``(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation
departments of the State in which the route is located and
the adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of
a highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the
State or States in which the highway is located, designate
the highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in which
the highway is located, designate the highway as a future
Interstate System route.
``(ii) Written agreement of states.--A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in such clause that the highway
will be constructed to meet all standards of a highway on the
Interstate System by the date that is 12 years after the date
of the agreement.
``(iii) Removal of designation.--
``(I) In general.--If the State or States described in
clause (i) have not substantially completed the construction
of a highway designated under this subparagraph within the
time provided for in the agreement between the Secretary and
the State or States under clause (ii), the Secretary shall
remove the designation of the highway as a future Interstate
System route.
``(II) Effect of removal.--Removal of the designation of a
highway under subclause (I) shall not preclude the Secretary
from designating the highway as a route on the Interstate
System under subparagraph (A) or under any other provision of
law providing for addition to the Interstate System.
``(iv) Prohibition on referral as interstate system
route.--No law, rule, regulation, map, document, or other
record of the United States, or of any State or political
subdivision of a State, shall refer to any highway designated
as a future Interstate System route under this subparagraph,
nor shall any such highway be signed or marked, as a highway
on the Interstate System until such time as the highway is
constructed to the geometric and construction standards
for the Interstate System and has been designated as a
route on the Interstate System.
``(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph
shall create no additional Federal financial responsibility
with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and approval
by the Secretary, the Secretary may transfer to the
apportionment of the State under section 104(b)(1) any amount
of funds apportioned to the State under section 104(b)(5)(A)
(as in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the
amount does not exceed the Federal share of the costs of
construction of segments of the Interstate System in the
State included in the most recent Interstate System cost
estimate.
``(B) Effect of transfer.--Upon transfer of an amount under
subparagraph (A), the construction on which the amount is
based, as included in the most recent Interstate System cost
estimate, shall not be eligible for funding under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) or 118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State
under section 104(b)(1) any amount of surplus funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the State
has fully financed all work eligible under the most recent
Interstate System cost estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.''.
(b) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under
section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act),
shall be available for obligation by the State under the law
(including regulations, policies, and procedures) relating to
the obligation and expenditure of the funds in effect on that
date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading by striking ``Substitute,'';
and
(ii) in paragraph (1)(A)(i) by striking ``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ``which has been'' and all that follows
through ``and has not'' and inserting ``which is a public
road and has not''.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Treatment of segments.--Subject to subparagraph (C),
segments designated as parts of the Interstate System under
this paragraph shall be treated in the same manner as
segments designated under section 103(c)(4)(A) of title 23,
United States Code.''.
[[Page H3801]]
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review the condition of and improvements made, since
the designation of the National Highway System, to connectors
on the National Highway System that serve seaports, airports,
and other intermodal freight transportation facilities; and
(B) report to Congress on the results of such review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors and identify projects carried out on
those connectors that were intended to provide and improve
service to an intermodal facility referred to in paragraph
(1) and to facilitate the efficient movement of freight,
including movements of freight between modes.
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are
impediments to improving the connectors serving intermodal
facilities referred to in paragraph (1), the Secretary shall
identify such impediments and make any appropriate
recommendations as part of the Secretary's report to Congress
under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(A) routes on the Interstate System designated under
section 103(c)(1) and, in Alaska and Puerto Rico, under
section 103(c)(4)(A);
``(B) routes on the Interstate System designated before the
date of enactment of the Transportation Equity Act for the
21st Century under subsections (a) and (b) of section 139 (as
in effect on the day before the date of enactment of such
Act); and
``(C) any segments that become part of the Interstate
System under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
``(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such road
is subject to a Secretarial agreement provided for in section
129 or continued in effect by section 1012(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1939) and not voided by the Secretary under section
120(c) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated to carry
out this section shall be out of the Highway Trust Fund and
shall be apportioned in accordance with section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--
Section 118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000
in fiscal year 1998 and $100,000,000 in each of fiscal years
1999 through 2003 for obligation by the Secretary for
projects for resurfacing, restoring, rehabilitating, and
reconstructing any route or portion thereof on the Interstate
System (other than any highway designated as a part of the
Interstate System under section 139 (as in effect on the day
before the date of enactment of the Transportation Equity Act
for the 21st Century) and any toll road on the Interstate
System not subject to an agreement under section 119(e) (as
in effect on December 17, 1991).
``(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary to any
State applying for such funds if the Secretary determines
that--
``(A) the State has obligated or demonstrates that it will
obligate in the fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by itself, is
insufficient to pay the Federal share of the cost of a
project for resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System that has been submitted
by the State to the Secretary for approval; and
``(B) the applicant is willing and able to--
``(i) obligate the funds within 1 year of the date the
funds are made available;
``(ii) apply the funds to a ready-to-commence project; and
``(iii) in the case of construction work, begin work within
90 days after obligation.
``(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of
which exceeds $10,000,000 on any high volume route in an
urban area or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary funds.--Sums
made available pursuant to this subsection shall remain
available until expended.''.
(c) Interstate Needs.--
(1) Study.--The Secretary shall conduct, in cooperation
with States and affected metropolitan planning organizations,
a study to determine--
(A) the expected condition of the Interstate System over
the next 10 years and the needs of States and metropolitan
planning organizations to reconstruct and improve the
Interstate System;
(B) the resources necessary to maintain and improve the
Interstate System; and
(C) the means to ensure that the Nation's surface
transportation program can--
(i) address the needs identified in subparagraph (A); and
(ii) allow for States to address any extraordinary needs.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the
study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide
intercity passenger service by bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and inserting ``bicycle'';
and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)'';
(4) in paragraph (4) by inserting ``infrastructure'' after
``safety'';
(5) in paragraph (9) by striking ``section 108(f)(1)(A)
(other than clauses (xii) and (xvi)) of the Clean Air Act''
and inserting ``section 108(f)(1)(A) (other than clause
(xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(ii) by striking ``enhance and create'' and inserting
``enhance, and create natural habitats and''; and
(iii) by inserting ``natural habitat and'' before
``wetlands conservation''; and
(B) by adding at the end the following: ``With respect to
participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that has
an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the bank
contains sufficient available credits to offset the impact
and the bank is approved in accordance with the Federal
Guidance for the Establishment, Use and Operation of
Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or
other applicable Federal law (including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation
systems capital improvements.
``(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm
water treatment systems) to address water pollution or
environmental degradation caused or contributed to by
transportation facilities, which projects shall be carried
out when the transportation facilities are undergoing
reconstruction, rehabilitation, resurfacing, or restoration;
except that the expenditure of funds under this section for
any such environmental restoration or pollution abatement
project shall not exceed 20 percent of the total cost of the
reconstruction, rehabilitation, resurfacing, or restoration
project.''.
(b) Transportation Enhancement Activities.--Section 133 of
such title is amended--
(1) in subsection (d)(3)(D) by striking ``any State'' and
all that follows through the period at the end and inserting
``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if the Secretary''
and all that follows through ``activities''; and
(B) in paragraph (5) by adding at the end the following:
``(C) Cost sharing.--
``(i) Required aggregate non-federal share.--The average
annual non-Federal share of the total cost of all projects to
carry out transportation enhancement activities in a State
for a fiscal year shall be not less than the non-Federal
share authorized for the State under section 120(b).
``(ii) Innovative financing.--Subject to clause (i),
notwithstanding section 120--
``(I) funds from other Federal agencies and the value of
other contributions (as determined by the Secretary) may be
credited toward the non-Federal share of the costs of a
project to carry out a transportation enhancement activity;
``(II) the non-Federal share for such a project may be
calculated on a project, multiple-project, or program basis;
and
``(III) the Federal share of the cost of an individual
project to which subclause (I) or (II) applies may be up to
100 percent.''.
(c) Program Approval.--Section 133(e) of such title is
amended by striking paragraph (2) and inserting the
following:
``(2) Program approval.--
``(A) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(i) certifies that the State will meet all the
requirements of this section; and
``(ii) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(B) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in subparagraph (A)(ii) as the
State determines to be necessary.
``(C) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under subparagraph (A) shall
be deemed a contractual obligation of the United
[[Page H3802]]
States to pay surface transportation program funds made
available under this title.''.
(d) Payments.--Section 133(e)(3)(A) of such title is
amended by striking the second sentence.
(e) Surface Transportation Program Obligations in Urban
Areas.--Section 133 of such title is amended to read as
follows:
``(f) Obligation Authority.--
``(1) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the period of fiscal years 1998 through 2000 and the period
of fiscal years 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid highways
and highway safety construction programs for use in the area
that is equal to the amount obtained by multiplying--
``(A) the aggregate amount of funds that the State is
required to obligate in the area under subsection (d) during
the period; and
``(B) the ratio that--
``(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
``(ii) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation)
during the period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).''.
(f) Division of STP Funds for Areas of Less Than 5,000
Population.--
(1) Special rule.--Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph
(2), up to 15 percent of the amounts required to be obligated
under section 133(d)(3)(B) of such title for each of fiscal
years 1998 through 2003 may be obligated on roads
functionally classified as minor collectors.
(2) Suspension.--The Secretary may suspend the application
of paragraph (1) if the Secretary determines that paragraph
(1) is being used excessively.
(g) Encouragement of Use of Youth Conservation or Service
Corps.--The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified
youth conservation or service corps to perform appropriate
transportation enhancement activities under chapter 1 of
title 23, United States Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23,
United States Code, is amended in the fourth sentence by
inserting before the period at the end the following: ``,
and, if a State transfers funds apportioned to the State
under this section in a fiscal year beginning after September
30, 1997, to any other apportionment of funds to such State
under this title, the total cost of deficient bridges in such
State 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 vehicle fleets, 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
[[Page H3803]]
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
[[Page H3804]]
``(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 of a 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
[[Page H3805]]
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 follows through ``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, the funds
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
[[Page H3806]]
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 the Lake 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 National Wildlife 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;
[[Page H3807]]
``(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;
[[Page H3808]]
(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
[[Page H3809]]
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
activities for 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 education curriculum 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.
[[Page H3810]]
``(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'';
[[Page H3811]]
(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.
[[Page H3812]]
``(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.
[[Page H3813]]
``(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 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.).''.
(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 of fiscal 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
[[Page H3814]]
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.
[[Page H3815]]
``(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.
[[Page H3816]]
(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, 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.
(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
[[Page H3817]]
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-
[[Page H3818]]
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
[[Page H3819]]
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 $500,000,000 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 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.
[[Page H3820]]
(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
[[Page H3821]]
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
[[Page H3822]]
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.
[[Page H3823]]
``(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--
[[Page H3824]]
(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 agreement with 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).
[[Page H3825]]
``(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
[[Page H3826]]
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 required to 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
[[Page H3827]]
``(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
savings under 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
[[Page H3828]]
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 is responsible 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.
[[Page H3829]]
``(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.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other
repayment sources.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``(4) Deferred payments.--
``(A) Authorization.--If, at any time during the 10 years
after the date of substantial completion of the project, the
project is unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on the
secured loan, the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and interest to the
outstanding balance of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan beginning not later than 10 years after the date
of substantial completion of the project in accordance with
paragraph (1).
``(C) Criteria.--
``(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the project meeting criteria
established by the Secretary.
``(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
``(5) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and
after notifying the obligor, the Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Secretary determines that the
sale or reoffering can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured
loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary.
``Sec. 184. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
lines of credit to 1 or more obligors in the form of direct
loans to be
[[Page H3830]]
made by the Secretary at future dates on the occurrence of
certain events for any project selected under section 182.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance
eligible project costs, extraordinary repair and replacement
costs, operation and maintenance expenses, and costs
associated with unexpected Federal or State environmental
restrictions.
``(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 line of credit,
taking into account such letter.
``(4) Investment-grade rating requirement.--The funding of
a line of credit under this section shall be contingent on
the project's senior obligations receiving an investment-
grade rating from at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit 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 amounts.--
``(A) Total amount.--The total amount of the line of credit
shall not exceed 33 percent of the reasonably anticipated
eligible project costs.
``(B) 1-year draws.--The amount drawn in any 1 year shall
not exceed 20 percent of the total amount of the line of
credit.
``(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized interest,
any debt service reserve fund, and any other available
reserve) are insufficient to pay the costs specified in
subsection (a)(2).
``(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is
obligated.
``(5) Security.--The line of credit--
``(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.
``(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of
substantial completion of the project and ending not later
than 10 years after that date.
``(7) Rights of third party creditors.--
``(A) Against federal government.--A third party creditor
of the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
``(B) Assignment.--An obligor may assign the line of credit
to 1 or more lenders or to a trustee on the lenders' behalf.
``(8) Nonsubordination.--A direct loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency,
or liquidation of the obligor.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall
not receive a secured loan or loan guarantee under section
183 of an amount that, combined with the amount of the line
of credit, exceeds 33 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on the projected cash flow from project
revenues and other repayment sources.
``(2) Timing.--All scheduled repayments of principal or
interest on a direct loan under this section shall commence
not later than 5 years after the end of the period of
availability specified in subsection (b)(6) and be fully
repaid, with interest, by the date that is 25 years after the
end of the period of availability specified in subsection
(b)(6).
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``Sec. 185. Project servicing
``(a) Requirement.--The State in which a project that
receives financial assistance under this subchapter is
located may identify a local servicer to assist the Secretary
in servicing the Federal credit instrument made available
under this subchapter.
``(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
``(1) shall act as the agent for the Secretary; and
``(2) may receive a servicing fee, subject to approval by
the Secretary.
``(c) Liability.--A local servicer identified under
subsection (a) shall not be liable for the obligations of the
obligor to the Secretary or any lender.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms in the field of municipal
and project finance to assist in the underwriting and
servicing of Federal credit instruments.
``Sec. 186. State and local permits
``The provision of financial assistance under this
subchapter with respect to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the project.
``Sec. 187. Regulations
``The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this subchapter.
``Sec. 188. Funding
``(a) 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 subchapter--
``(A) $80,000,000 for fiscal year 1999;
``(B) $90,000,000 for fiscal year 2000;
``(C) $110,000,000 for fiscal year 2001;
``(D) $120,000,000 for fiscal year 2002; and
``(E) $130,000,000 for fiscal year 2003.
``(2) Administrative costs.--From funds made available
under paragraph (1), the Secretary may use, for the
administration of this subchapter, not more than $2,000,000
for each of fiscal years 1998 through 2003.
``(3) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.
``(c) Limitations on Credit Amounts.--For each of fiscal
years 1998 through 2003, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
Maximum amount
``Fiscal year: of credit:
1998..................................................$1,200,000,000
1999..................................................$1,200,000,000
2000..................................................$1,800,000,000
2001..................................................$1,800,000,000
2002..................................................$2,300,000,000
2003..................................................$2,300,000,000.
``Sec. 189. Report to Congress
``Not later than 4 years after the date of enactment of
this subchapter, the Secretary shall submit to Congress a
report summarizing the financial performance of the projects
that are receiving, or have received, assistance under this
subchapter, including a recommendation as to whether the
objectives of this subchapter are best served--
``(1) by continuing the program under the authority of the
Secretary;
``(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the program; or
``(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments
assisted by this subchapter without Federal participation.''.
(b) Conforming Amendments.--Chapter 1 of title 23, United
States Code, is amended--
(1) in the analysis--
(A) by inserting before ``Sec.'' the following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
and
(B) by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Report to Congress.'';
and
(2) by inserting before section 101 the following:
``SUBCHAPTER I--GENERAL PROVISIONS''.
SEC. 1504. DUTIES OF THE SECRETARY.
Section 301 of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) develop and coordinate Federal policy on financing
transportation infrastructure, including the provision of
direct Federal credit assistance and other techniques used to
leverage Federal transportation funds.''.
CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGRAM
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Other assistance.--The term ``other assistance''
includes any use of funds in an infrastructure bank--
(A) to provide credit enhancements;
[[Page H3831]]
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and credit
instruments;
(E) to finance purchase and lease agreements with respect
to transit projects;
(F) to provide bond or debt financing instrument security;
and
(G) to provide other forms of debt financing and methods of
leveraging funds that are approved by the Secretary and that
relate to the project with respect to which the assistance is
being provided.
(2) State.--The term ``State'' has the meaning given the
term under section 401 of title 23, United States Code.
(b) Cooperative Agreements.--
(1) In general.--
(A) Purpose of agreements.--Subject to this section, the
Secretary may enter into cooperative agreements with the
States of California, Florida, Missouri, and Rhode Island for
the establishment of State infrastructure banks and
multistate infrastructure banks for making loans and
providing other assistance to public and private entities
carrying out or proposing to carry out projects eligible for
assistance under this section.
(B) Contents of agreements.--Each cooperative agreement
shall specify procedures and guidelines for establishing,
operating, and providing assistance from the infrastructure
bank.
(2) Interstate compacts.--If 2 or more States enter into a
cooperative agreement under paragraph (1) with the Secretary
for the establishment of a multistate infrastructure bank,
Congress grants consent to those States to enter into an
interstate compact establishing the bank in accordance with
this section.
(c) Funding.--
(1) Contribution.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (h)(1), a
State that enters into a cooperative agreement under this
section to contribute to the infrastructure bank established
by the State not to exceed--
(A)(i) the total amount of funds apportioned to the State
under each of paragraphs (1), (3), and (4) of section 104(b)
and section 144 of title 23, United States Code, excluding
funds set aside under paragraphs (1) and (2) of section
133(d) of such title; and
(ii) the total amount of funds allocated to the State under
section 105 of such title;
(B) the total amount of funds made available to the State
or other Federal transit grant recipient for capital projects
(as defined in section 5302 of title 49, United States Code)
under sections 5307, 5309, and 5311 of such title; and
(C) the total amount of funds made available to the State
under subtitle V of title 49, United States Code.
(2) Capitalization grant.--For the purposes of this
section, Federal funds contributed to the infrastructure bank
under this subsection shall constitute a capitalization grant
for the infrastructure bank.
(3) Special rule for urbanized areas of over 200,000.--
Funds that are apportioned or allocated to a State under
section 104(b)(3) of title 23, United States Code, and
attributed to urbanized areas of a State with a population of
over 200,000 individuals under section 133(d)(2) of such
title may be used to provide assistance from an
infrastructure bank under this section with respect to a
project only if the metropolitan planning organization
designated for the area concurs, in writing, with the
provision of the assistance.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans or provide other assistance to a
public or private entity in an amount equal to all or part of
the cost of carrying out a project eligible for assistance
under this section.
(2) Subordination of loans.--The amount of any loan or
other assistance provided for the project may be subordinated
to any other debt financing for the project.
(3) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds contributed to an
infrastructure bank under this section shall not be made in
the form of a grant.
(e) Qualifying Projects.--
(1) In general.--Subject to paragraph (2), funds in an
infrastructure bank established under this section may be
used only to provide assistance with respect to projects
eligible for assistance under title 23, United States
Code, for capital projects (as defined in section 5302 of
title 49, United States Code), or for any other project
related to surface transportation that the Secretary
determines to be appropriate.
(2) Interstate funds.--Funds contributed to an
infrastructure bank from funds apportioned to a State under
section 104(b)(4) of title 23, United States Code, may be
used only to provide assistance with respect to projects
eligible for assistance under such paragraph.
(3) Rail program funds.--Funds contributed to an
infrastructure bank from funds made available to a State
under subtitle V of title 49 United States Code, shall be
used in a manner consistent with any project description
specified under the law making the funds available to the
State.
(f) Infrastructure Bank Requirements.--
(1) In general.--Subject to paragraph (2), in order to
establish an infrastructure bank under this section, each
State establishing such a bank shall--
(A) contribute, at a minimum, to the bank from non-Federal
sources an amount equal to 25 percent of the amount of each
capitalization grant made to the State and contributed to the
bank under subsection (c), except that if the State has a
higher Federal share payable under section 120(b) of title
23, United States Code, the State shall be required to
contribute only an amount commensurate with the higher
Federal share;
(B) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances and its ability
to pay claims under credit enhancement programs of the bank;
(C) ensure that investment income generated by funds
contributed to the bank will be--
(i) credited to the bank;
(ii) available for use in providing loans and other
assistance to projects eligible for assistance from the bank;
and
(iii) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may approve to earn interest to enhance the
leveraging of projects assisted by the bank;
(D) ensure that any loan from the bank will bear interest
at or below market rates, as determined by the State, to make
the project that is the subject of the loan feasible;
(E) ensure that repayment of the loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility
has opened to traffic, whichever is later;
(F) ensure that the term for repaying any loan will not
exceed the lesser of--
(i) 35 years after the date of the first payment on the
loan under subparagraph (E); or
(ii) the useful life of the investment; and
(G) require the bank to make a biennial report to the
Secretary and to make such other reports as the Secretary may
require in guidelines.
(2) Waivers by the secretary.--The Secretary may waive a
requirement of any of subparagraphs (C) through (G) of
paragraph (1) with respect to an infrastructure bank if the
Secretary determines that the waiver is consistent with the
objectives of this section.
(g) Limitation on Repayments.--Notwithstanding any other
provision of law, the repayment of a loan or other assistance
provided from an infrastructure bank under this section may
not be credited toward the non-Federal share of the cost of
any project.
(h) Secretarial Requirements.--In administering this
section, the Secretary shall--
(1) ensure that Federal disbursements shall be at an annual
rate of not more than 20 percent of the amount designated by
the State for State infrastructure bank capitalization under
subsection (c)(1), except that the Secretary may disburse
funds to a State in an amount needed to finance a specific
project; and
(2) revise cooperative agreements entered | 
