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TEA-21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century |
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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.
[[Page H3794]]
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
[[Page H3795]]
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