Moving Americans into the 21st Century
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TEA-21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century |
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[DOCID: f:publ178.105]
[[Page 112 STAT. 107]]
Public Law 105-178
105th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes. <<NOTE: June 9,
1998 - [H.R. 2400]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Transportation
Equity Act for the 21st Century. Grants. Inter- governmental
relations. Loans.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited
as the ``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
[[Page 112 STAT. 108]]
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment
program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot
program.
Sec. 1222. Additions to Appalachian region.
Subtitle C--Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D--Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E--Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F--High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Intelligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
[[Page 112 STAT. 109]]
Sec. 3021. Pilot program for intercity rail infrastructure investment
from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway
modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions to
existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public
lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for the Surface Transportation Extension Act of
1997.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
[[Page 112 STAT. 110]]
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research
program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information
technologies.
Sec. 5114. Sense of the Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration
program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C--Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system
infrastructure deployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorization of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
[[Page 112 STAT. 111]]
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B--Veterans' Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for
disabilities relating to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational
assistance under Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive
equipment for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible
for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for
reinstatement of dependency and indemnity compensation upon
termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for Department of
Defense special separation benefit program.
Sec. 8209. Sense of the Congress concerning recovery from tobacco
companies of costs of treatment of veterans for tobacco-
related illnesses.
Subtitle C--Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D--Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or kerosene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item
veto.
SEC. <<NOTE: 23 USC 101 note.>> 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United States
Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 for
fiscal year 1999, $3,994,524,000 for fiscal year 2000,
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal
year 2002, and $4,217,635,000 for fiscal year 2003.
[[Page 112 STAT. 112]]
(2) National highway system.--For the National Highway
System under section 103 of such title $4,112,480,000 for fiscal
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000
for fiscal year 2000, $4,887,986,000 for fiscal year 2001,
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for
fiscal year 2003.
(3) Bridge program.--For the bridge program under section
144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) Appalachian development highway system program.--For the
Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C.
App.) $450,000,000 for each of fiscal years 1999 through 2003.
(7) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such title
$225,000,000 for fiscal year 1998 and $275,000,000 for
each of fiscal years 1999 through 2003.
(B) Public lands highways.--For public lands
highways under section 204 of such title $196,000,000
for fiscal year 1998 and $246,000,000 for each of fiscal
years 1999 through 2003.
(C) Park roads and parkways.--For park roads and
parkways under section 204 of such title $115,000,000
for fiscal year 1998 and $165,000,000 for each of fiscal
years 1999 through 2003.
(D) Refuge roads.--For refuge roads under section
204 of such title $20,000,000 for each of fiscal years
1999 through 2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the national
corridor planning and development and coordinated border
infrastructure programs under sections 1118 and 1119 of this Act
$140,000,000 for each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
[[Page 112 STAT. 113]]
facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and 1999,
$24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for
each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000 for
each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998 through
2003.
(b) Disadvantaged Business Enterprises.-- <<NOTE: 23 USC 101
note.>>
(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) <<NOTE: Notification.>> Annual listing of disadvantaged
business enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred to in
paragraph (1)
[[Page 112 STAT. 114]]
and the location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns which
are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by individuals
who are women and are otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include, but not
be limited to on-site visits, personal interviews, licenses,
analysis of stock ownership, listing of equipment, analysis of
bonding capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of this
Act, if the entity or person is prevented, in whole or in part,
from complying with paragraph (1) because a Federal court issues
a final order in which the court finds that the requirement of
paragraph (1), or the program established under paragraph (1),
is unconstitutional.
(6) <<NOTE: Reports.>> Review by comptroller general.--Not
later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a review
of, and publish and report to Congress findings and conclusions
on, the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of--
(A) in the case of small business concerns certified
in each State under paragraph (4) as owned and
controlled by socially and economically disadvantaged
individuals--
(i) the number of the small business concerns;
and
(ii) the participation rates of the small
business concerns in prime contracts and
subcontracts funded under titles I, III, and V of
this Act;
(B) in the case of small business concerns described
in subparagraph (A) that receive prime contracts and
subcontracts funded under titles I, III, and V of this
Act--
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small
business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(C) in the case of small business concerns described
in subparagraph (A) that do not receive prime contracts
and subcontracts funded under titles I, III, and V of
this Act--
(i) the annual gross receipts of the small
business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(D) in the case of business concerns that receive
prime contracts and subcontracts funded under titles I,
III, and
[[Page 112 STAT. 115]]
V of this Act, other than small business concerns
described in subparagraph (B)--
(i) the annual gross receipts of the business
concerns; and
(ii) the net worth of individuals that own and
control the business concerns;
(E) the rate of graduation from any programs carried
out to comply with the requirement of paragraph (1) for
small business concerns owned and controlled by socially
and economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including administrative
costs, certification costs, additional construction
costs, and litigation costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns
owned and controlled by socially and economically
disadvantaged individuals;
(H)(i) any other factors limiting the ability of
small business concerns owned and controlled by socially
and economically disadvantaged individuals to compete
for prime contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those factors are
caused, in whole or in part, by discrimination based on
race, color, national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies
owned and controlled by socially and economically
disadvantaged individuals in public and private
transportation contracting and the financial, credit,
insurance, and bond markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of--
(i) the issuance of a final order described in
paragraph (5) by a Federal court that suspends a
program established under paragraph (1); or
(ii) the repeal or suspension of State or
local disadvantaged business enterprise programs;
and
(K) the impact of the requirement of paragraph (1),
and any program carried out to comply with paragraph
(1), on competition and the creation of jobs, including
the creation of jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING. <<NOTE: 23 USC 104 note.>>
(a) General Limitation.--Notwithstanding any other provision of law
but subject to subsections (g) and (h), the obligations for Federal-aid
highway and highway safety construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
[[Page 112 STAT. 116]]
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of this Act; and
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount
equal to $639,000,000 per fiscal year.
(c) Distribution of Obligation Authority.--For each of fiscal years
1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the highway
use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection
(a) for such fiscal year less the aggregate of amounts
not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of 1965,
the Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of such
title (relating to minimum guarantee) so that amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined
[[Page 112 STAT. 117]]
under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph
(4) for each of the programs that are allocated by the Secretary
under this Act and title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5) for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee program,
but only to the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed $2,639,000,000,
and the Appalachian development highway system program) that are
apportioned by the Secretary under this Act and title 23, United
States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall after August 1 of each of fiscal
years 1998 through 2003 revise a distribution of the obligation
authority made available under subsection (c) if a State will not
obligate the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year giving priority
to those States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code, under
section 160 of title 23, United States Code (as in effect on the day
before the date of enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-1945).
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--Obligation limitations imposed by subsection (a)
shall apply to transportation research programs carried out under
chapter 3 of title 23, United States Code, and under title VI of this
Act.
(f) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation authority under
subsection (c) for each of fiscal years 1998 through 2003, the Secretary
shall distribute to the States any funds (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highway programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and chapter 4 of title 23, United States Code, and
(2) that the Secretary determines will not be allocated to the States,
and will not be available for obligation, in such fiscal year due to the
imposition of any
[[Page 112 STAT. 118]]
obligation limitation for such fiscal year. Such distribution to the
States shall be made in the same ratio as the distribution of obligation
authority under subsection (c)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of title 23,
United States Code.
(g) Special Rule.--Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by an
amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with this
section.
(i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all
obligations under section 104(a) of title 23, United States Code, shall
not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the minimum
guarantee program under section 105, the Federal lands highway
program under section 204, or the Appalachian development
highway system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to exceed 1\1/2\ percent of
all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law to be
financed from appropriations for the Federal-aid highway
program and programs authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary
[[Page 112 STAT. 119]]
shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title <<NOTE: 23 USC
104.>> is amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States in
the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in each State;
bears to
``(II) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on
highways in each State; bears to
``(II) the total diesel fuel used on
highways in all States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by
dividing the total lane miles on
principal arterial highways in each
State by the total population of the
State; bears to
``(II) the quotient obtained by
dividing the total lane miles on
principal arterial highways in all
States by the total population of all
States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, in the ratio that--
[[Page 112 STAT. 120]]
``(i) the total of all weighted nonattainment
and maintenance area populations in each State;
bears to
``(ii) the total of all weighted nonattainment
and maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a maintenance
area; or
``(II) at the time of the
apportionment, the area is classified as
a submarginal ozone nonattainment area
under the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified as a serious
ozone nonattainment area under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified as a severe
ozone nonattainment area under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a nonattainment or
maintenance area as described in section 149(b)
for ozone, but is classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section
149(b) for carbon monoxide.
``(C) Additional adjustment for carbon monoxide
areas.--
``(i) Carbon monoxide nonattainment areas.--
If, in addition to being classified as a
nonattainment or maintenance area for ozone, the
area was also classified under subpart 3 of part D
of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b)
for carbon monoxide, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If,
in addition to being classified as a nonattainment
or maintenance area for ozone, the area was at one
time also classified under subpart 3 of part D of
title I
[[Page 112 STAT. 121]]
of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a
maintenance area, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph,
the Secretary shall use the latest available annual
estimates prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 40 percent of the apportionments in the
ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 35 percent of the apportionments in
the ratio that--
``(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under this
paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate
System routes open to traffic in each State; bears
to
``(ii) the total of all such lane miles in all
States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on
lanes on Interstate System routes designated
under--
``(I) section 103;
[[Page 112 STAT. 122]]
``(II) section 139(a) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century) before March 9, 1984
(other than routes on toll roads not
subject to a Secretarial agreement under
section 105 of the Federal-Aid Highway
Act of 1978 (92 Stat. 2692)); and
``(III) section 139(c) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles
traveled in all States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual
contributions to the Highway Trust Fund (other
than the Mass Transit Account) attributable to
commercial vehicles; bears to
``(ii) the total of such annual contributions
by all States.
(c) Operation Lifesaver and High Speed Rail Corridors.--Section
104(d) of such title <<NOTE: 23 USC 104.>> is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside $500,000 for
such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of
funds under subsection (b)(3) for a fiscal year, the
Secretary shall set aside $5,250,000 of the funds made
available for the surface transportation program for the
fiscal year for elimination of hazards of railway-
highway crossings.
``(B) Eligible corridors.--Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in--
``(i) 5 railway corridors selected by the
Secretary in accordance with this subsection (as
in effect on the day before the date of enactment
of this clause);
``(ii) 3 railway corridors selected by the
Secretary in accordance with subparagraphs (C) and
(D);
``(iii) a Gulf Coast high speed railway
corridor (as designated by the Secretary);
``(iv) a Keystone high speed railway corridor
from Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from
New York City to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.
[[Page 112 STAT. 123]]
``(D) Considerations in corridor selection.--In
selecting corridors under subparagraph (B), the
Secretary shall consider--
``(i) projected rail ridership volume in each
corridor;
``(ii) the percentage of each corridor over
which a train will be capable of operating at its
maximum cruise speed taking into account such
factors as topography and other traffic on the
line;
``(iii) projected benefits to nonriders such
as congestion relief on other modes of
transportation serving each corridor (including
congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial
support that can reasonably be anticipated for the
improvement of the line and related facilities;
and
``(v) the cooperation of the owner of the
right-of-way that can reasonably be expected in
the operation of high speed rail passenger service
in each corridor.
``(E) Certain improvements.--Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-
Chicago segment of the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is
authorized to be appropriated $15,000,000 for each of
fiscal years 1999 through 2003 to carry out this
subsection.''.
(d) Certification of Apportionments.--Section 104(e) of such title
is amended-- <<NOTE: 23 USC 104.>>
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day of
a fiscal year beginning after September 30, 1998, the Secretary
shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of this
subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of such title
is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such title is
amended to read as follows:
``(h) Recreational Trails Program.--
[[Page 112 STAT. 124]]
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out the
recreational trails program under section 206, the Secretary
shall deduct an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary
may enter into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such title is
amended <<NOTE: 23 USC 104.>> by striking subsection (i) and inserting
the following:
``(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the Office of
Inspector General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with section 3521 of
title 31.''.
(h) Report on Obligations.--Section 104 of such title is amended by
striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to Congress a
report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State by
fiscal year under this section and sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such highways
and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
[[Page 112 STAT. 125]]
``(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of such
title is amended <<NOTE: 23 USC 104.>> by inserting after subsection
(j) the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available under
this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except that
the provisions of this title relating to the non-Federal share
shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available under
chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with this
title, except that the provisions of such chapter relating to
the non-Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as the
funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Section 104 of such title is amended by adding at the end the following:
``(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Notwithstanding any other provision of law, deposits into the Highway
Trust Fund resulting from the application of section 901(e) of the
Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity Act for the
21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
[[Page 112 STAT. 126]]
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first
year'' and inserting ``In general''; and
(II) by striking ``104(b)(2),
104(b)(5), and 104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by
clause (ii)) by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph
(1)''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Withholding of Funds.--No funds withheld under this
section from apportionment to any State after September 30, 1988, shall
be available for apportionment to that State.''.
(3)(A) Section 115(b)(1) of such title is amended <<NOTE: 23
USC 115.>> 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) <<NOTE: 23 USC 104 note.>> Adjustments for the Surface
Transportation Extension Act of 1997.--
[[Page 112 STAT. 127]]
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the total
apportionments for a State (other than Massachusetts) for fiscal
year 1998 made under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) shall be reduced
by the amount apportioned to such State (other than
Massachusetts) under section 1003(d)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal year
1998 and adjusted under paragraph (1) shall first be used to
restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required by
paragraph (1), then the Secretary shall make an adjustment to
any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other provision
of law, amounts made available for fiscal year 1998 by the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) for a program that is continued by
both of sections 4, 5, 6, and 7 of the Surface Transportation
Extension Act of 1997 (including amendments made by such
sections) and the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be reduced by the
amount made available by such sections 4, 5, 6, and 7 for such
programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be considered
to be an amount of obligation authority made available for
fiscal year 1998 under section 1102(a) of this Act.
(n) <<NOTE: 23 USC 101 note.>> State Defined.--For the purposes of
apportioning funds under sections 104, 105, 144, and 206, the term
``State'' means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through 2003, the
Secretary shall allocate among the States amounts sufficient to ensure
that each State's percentage of the total apportionments for such fiscal
year of Interstate maintenance, national highway system, bridge,
congestion mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and recreational
trails programs shall equal the percentage listed for each State in
subsection (b).
[[Page 112 STAT. 128]]
``(b) State Percentages.--The percentage for each State referred to
in subsection (a) shall be determined in accordance with the following
table:
``States: Percentage
Alabama................................................. 2.0269
Alaska.................................................. 1.1915
Arizona................................................. 1.5581
Arkansas................................................ 1.3214
California.............................................. 9.1962
Colorado................................................ 1.1673
Connecticut............................................. 1.5186
Delaware................................................ 0.4424
District of Columbia.................................... 0.3956
Florida................................................. 4.6176
Georgia................................................. 3.5104
Hawaii.................................................. 0.5177
Idaho................................................... 0.7718
Illinois................................................ 3.3819
Indiana................................................. 2.3588
Iowa.................................................... 1.2020
Kansas.................................................. 1.1717
Kentucky................................................ 1.7365
Louisiana............................................... 1.5900
Maine................................................... 0.5263
Maryland................................................ 1.5087
Massachusetts........................................... 1.8638
Michigan................................................ 3.1535
Minnesota............................................... 1.4993
Mississippi............................................. 1.2186
Missouri................................................ 2.3615
Montana................................................. 0.9929
Nebraska................................................ 0.7768
Nevada.................................................. 0.7248
New Hampshire........................................... 0.5163
New Jersey.............................................. 2.5816
New Mexico.............................................. 0.9884
New York................................................ 5.1628
North Carolina.......................................... 2.8298
North Dakota............................................ 0.6553
Ohio.................................................... 3.4257
Oklahoma................................................ 1.5419
Oregon.................................................. 1.2183
Pennsylvania............................................ 4.9887
Rhode Island............................................ 0.5958
South Carolina.......................................... 1.5910
South Dakota............................................ 0.7149
Tennessee............................................... 2.2646
Texas................................................... 7.2131
Utah.................................................... 0.7831
Vermont................................................. 0.4573
Virginia................................................ 2.5627
Washington.............................................. 1.7875
West Virginia........................................... 1.1319
Wisconsin............................................... 1.9916
Wyoming................................................. 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each program
referred to in subsection (a) (other than metropolitan planning,
minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is
equal to the amount determined by multiplying the amount to be
apportioned under this paragraph by the ratio that--
[[Page 112 STAT. 129]]
``(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a
fiscal year; bears to
``(B) the total amount of funds apportioned to all
States for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall apportion
the remainder of funds made available under this section to the
States in accordance with section 104(b)(3); except that
requirements of paragraphs (1), (2), and (3) of section 133(d)
shall not apply to amounts apportioned pursuant to this
paragraph.
``(d) Authorization.--There are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) such sums
as may be necessary to carry out this section for each of fiscal years
1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through 2003,
the amount authorized under subsection (d) is more than 30 percent
higher than the amount authorized under subsection (d) in fiscal year
1998, the Secretary shall use the apportionment factors under sections
104 and 144 as in effect on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the
Secretary, subject to paragraph (2), shall adjust the
percentages in the table in subsection (b) to reflect the
estimated percentage of estimated tax payments attributable to
highway users in each State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal year
for which data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial adjustment.--The
Secretary may make an adjustment under paragraph (1) for a State
for a fiscal year only if the State's return from the Highway
Trust Fund (other than the Mass Transit Account) for the
preceding fiscal year was equal to or less than 90.5 percent.
``(3) Conforming adjustments.--After making any adjustments
under paragraph (1) for a fiscal year, the Secretary shall
adjust the remaining percentages in the table set forth in
subsection (b) to ensure that the total of the percentages in
the table do not exceed 100 percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the Secretary
shall determine whether or not any State's return from the
Highway Trust Fund (other than the Mass Transit Account) is less
than 90.5 percent as a result of such adjustments and shall
adjust the percentages in the table for such fiscal year
accordingly. Adjustments of the percentages in the table under
this paragraph may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 105 and inserting
the following:
``105. Minimum guarantee.''.
[[Page 112 STAT. 130]]
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal year 1999,
and each fiscal year thereafter, the Secretary shall allocate an amount
of funds equal to the amount determined pursuant to section
251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit
Account) for each of the for Federal-aid highway and
highway safety construction programs (other than the
minimum guarantee program) for which funds are allocated
from such Trust Fund by the Secretary under this title
and the Transportation Equity Act for the 21st Century
for a fiscal year, bears to
``(B) the total of all sums authorized to be
appropriated from such Trust Fund for such programs for
such fiscal year;
``(2) multiply the ratio determined under paragraph (1) by
the total amount of funds to be allocated under subsection (a)
for such fiscal year;
``(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that--
``(A) the sums authorized to be appropriated from
such Trust Fund for each of such programs for such
fiscal year, bears to
``(B) the sums authorized to be appropriated from
such Trust Fund for all such programs for such fiscal
year; and
``(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in the
ratio that--
``(A) the total of all funds authorized to be
appropriated from such Trust Fund for Federal-aid
highway and highway safety construction programs that
are apportioned to each State for such fiscal year but
for this section, bears to
``(B) the total of all funds authorized to be
appropriated from such Trust Fund for such programs that
are apportioned to all States for such fiscal year but
for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal year, the
Secretary shall ensure that such funds are apportioned for the
Interstate Maintenance program, the National Highway System program, the
bridge program, the surface transportation program, and the congestion
mitigation air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal year but
for this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section for
fiscal years beginning after September 30, 1998.''.
[[Page 112 STAT. 131]]
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 110 and inserting
the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS. <<NOTE: 23 USC 103 note.>>
(a) Administration of National Highway System and Interstate
Maintenance Program.--The Secretary shall administer the National
Highway System program and the Interstate Maintenance program as a
combined program for purposes of allowing States maximum flexibility.
References in this Act and title 23, United States Code, shall not be
affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation facilities
depicted on the map submitted by the Secretary to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996. The system shall--
``(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation
facilities and other major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The Interstate System described in subsection
(c).
``(B) Other urban and rural principal arterial
routes.
``(C) Other connector highways (including toll
facilities) that provide motor vehicle access between
arterial routes on the National Highway System and a
major intermodal transportation facility.
``(D) A strategic highway network consisting of a
network of highways that are important to the United
States strategic defense policy and that provide defense
access, continuity, and emergency capabilities for the
movement of personnel, materials, and equipment in both
peacetime and wartime. The highways may be highways on
or off the Interstate System and shall be designated by
the Secretary in consultation with appropriate Federal
agencies and the States.
``(E) Major strategic highway network connectors
consisting of highways that provide motor vehicle access
between major military installations and highways that
are part of the strategic highway network. The highways
shall be designated by the Secretary in consultation
with appropriate Federal agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
[[Page 112 STAT. 132]]
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any
modification, including any modification consisting of a
connector to a major intermodal terminal, to the
National Highway System that is proposed by a State or
that is proposed by a State and revised by the Secretary
if the Secretary determines that the modification--
``(i) meets the criteria established for the
National Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
``(ii) Urbanized areas.--In an urbanized area,
the local officials shall act through the
metropolitan planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by
section 1105 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2031 et seq.) that was not identified on
the National Highway System described in paragraph (1).
``(6) Eligible projects for nhs.--Subject to approval by the
Secretary, funds apportioned to a State under section 104(b)(1)
for the National Highway System may be obligated for any of the
following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the
National Highway System.
``(B) Operational improvements for segments of the
National Highway System.
``(C) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System, and construction of a transit project eligible
for assistance under chapter 53 of title 49, if--
``(i) the highway or transit project is in the
same corridor as, and in proximity to, a fully
access-controlled highway designated as a part of
the National Highway System;
``(ii) the construction or improvements will
improve the level of service on the fully access-
controlled highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or improvements are
more cost-effective than an improvement to the
fully access-controlled highway described in
clause (i).
``(D) Highway safety improvements for segments of
the National Highway System.
``(E) Transportation planning in accordance with
sections 134 and 135.
``(F) Highway research and planning in accordance
with chapter 5.
``(G) Highway-related technology transfer
activities.
[[Page 112 STAT. 133]]
``(H) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
``(L) Development, establishment, and implementation
of management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural
habitat and wetland mitigation efforts related to
projects funded under this title, which may include
participation in natural habitat and wetland mitigation
banks, contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and
regional natural habitat and wetland conservation and
mitigation plans, including any such banks, efforts, and
plans authorized under the Water Resources Development
Act of 1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place
concurrent with or in advance of project construction;
except that contributions in advance of project
construction may occur only if the efforts are
consistent with all applicable requirements of Federal
law (including regulations) and State transportation
planning processes. With respect to participation in a
natural habitat or wetland mitigation effort related to
a project funded under this title that has an impact
that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the
bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605
(November 28, 1995)) or other applicable Federal law
(including regulations).
``(N) Publicly-owned intracity or intercity bus
terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
any project eligible for assistance under section 133,
any airport, and any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in
clause (ii), highways on the Interstate System
shall be designed in accordance with the standards
of section 109(b).
[[Page 112 STAT. 134]]
``(ii) Exception.--Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the
locality of the highway.
``(C) Location.--Highways on the Interstate System
shall be located so as--
``(i) to connect by routes, as direct as
practicable, the principal metropolitan areas,
cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to
connect at suitable border points with routes of
continental importance in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall
be selected by joint action of the State transportation
departments of the State in which the route is located
and the adjoining States, in cooperation with local and
regional officials, and subject to the approval of the
Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all
standards of a highway on the Interstate System and that
the highway is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
route on the Interstate System.
``(B) Designations as future interstate system
routes.--
``(i) In general.--If the Secretary determines
that a highway on the National Highway System
would be a logical addition or connection to the
Interstate System and would qualify for
designation as a route on the Interstate System
under subparagraph (A) if the highway met all
standards of a highway on the Interstate System,
the Secretary may, upon the affirmative
recommendation of the State or States in which the
highway is located, designate the highway as a
future Interstate System route.
``(ii) Written agreement of states.--A
designation under clause (i) shall be made only
upon the written agreement of the State or States
described in such clause that the highway will be
constructed to meet all standards of a highway on
the Interstate System by the date that is 12 years
after the date of the agreement.
``(iii) Removal of designation.--
[[Page 112 STAT. 135]]
``(I) In general.--If the State or
States described in clause (i) have not
substantially completed the construction
of a highway designated under this
subparagraph within the time provided
for in the agreement between the
Secretary and the State or States under
clause (ii), the Secretary shall remove
the designation of the highway as a
future Interstate System route.
``(II) Effect of removal.--Removal
of the designation of a highway under
subclause (I) shall not preclude the
Secretary from designating the highway
as a route on the Interstate System
under subparagraph (A) or under any
other provision of law providing for
addition to the Interstate System.
``(iv) Prohibition on referral as interstate
system route.--No law, rule, regulation, map,
document, or other record of the United States, or
of any State or political subdivision of a State,
shall refer to any highway designated as a future
Interstate System route under this subparagraph,
nor shall any such highway be signed or marked, as
a highway on the Interstate System until such time
as the highway is constructed to the geometric and
construction standards for the Interstate System
and has been designated as a route on the
Interstate System.
``(C) Financial responsibility.--Except as provided
in this title, the designation of a highway under this
paragraph shall create no additional Federal financial
responsibility with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and
approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1)
any amount of funds apportioned to the State under
section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for
the 21st Century), if the amount does not exceed the
Federal share of the costs of construction of segments
of the Interstate System in the State included in the
most recent Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of an
amount under subparagraph (A), the construction on which
the amount is based, as included in the most recent
Interstate System cost estimate, shall not be eligible
for funding under section 104(b)(5)(A) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century) or
118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State under
section 104(b)(1) any amount of surplus funds apportioned to the
State under section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all
[[Page 112 STAT. 136]]
work eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.''.
(b) <<NOTE: 23 USC 103 note.>> Unobligated Balances of Interstate
Substitute Funds.--Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in effect
on the day before the date of enactment of this Act), shall be available
for obligation by the State under the law (including regulations,
policies, and procedures) relating to the obligation and expenditure of
the funds in effect on that date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ``which has been'' and all that follows
through ``and has not'' and inserting ``which is a public road
and has not''.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is amended
by striking subparagraph (B) and inserting the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts of the
Interstate System under this paragraph shall be treated
in the same manner as segments designated under section
103(c)(4)(A) of title 23, United States Code.''.
(d) Intermodal Freight Connectors Study.-- <<NOTE: 23 USC 103
note.>>
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review the condition of and improvements made,
since the designation of the National Highway System, to
connectors on the National Highway System that serve
seaports, airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of such
review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service to
an intermodal facility referred to in paragraph (1) and to
facilitate the efficient movement of freight, including
movements of freight between modes.
[[Page 112 STAT. 137]]
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are impediments
to improving the connectors serving intermodal facilities
referred to in paragraph (1), the Secretary shall identify such
impediments and make any appropriate recommendations as part of
the Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(A) routes on the Interstate System designated
under section 103(c)(1) and, in Alaska and Puerto Rico,
under section 103(c)(4)(A);
``(B) routes on the Interstate System designated
before the date of enactment of the Transportation
Equity Act for the 21st Century under subsections (a)
and (b) of section 139 (as in effect on the day before
the date of enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of the
Intermodal Surface Transportation Efficiency Act of
1991.
``(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such road is
subject to a Secretarial agreement provided for in section 129
or continued in effect by section 1012(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated to carry
out this section shall be out of the Highway Trust Fund and
shall be apportioned in accordance with section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--Section
118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000 in
fiscal year 1998 and $100,000,000 in each of fiscal years 1999
through 2003 for obligation by the Secretary for projects for
resurfacing, restoring, rehabilitating, and reconstructing any
route or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate System under
section 139 (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century)) and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on December
17, 1991).
``(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary to
[[Page 112 STAT. 138]]
any State applying for such funds if the Secretary determines
that--
``(A) the State has obligated or demonstrates that
it will obligate in the fiscal year all of its
apportionments under section 104(b)(4) other than an
amount that, by itself, is insufficient to pay the
Federal share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing the
Interstate System that has been submitted by the State
to the Secretary for approval; and
``(B) the applicant is willing and able to--
``(i) obligate the funds within 1 year of the
date the funds are made available;
``(ii) apply the funds to a ready-to-commence
project; and
``(iii) in the case of construction work,
begin work within 90 days after obligation.
``(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of
which exceeds $10,000,000 on any high volume route in an urban
area or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary funds.--Sums
made available pursuant to this subsection shall remain
available until expended.''.
(c) Interstate Needs.-- <<NOTE: 23 USC 119 note.>>
(1) Study.--The Secretary shall conduct, in cooperation with
States and affected metropolitan planning organizations, a study
to determine--
(A) the expected condition of the Interstate System
over the next 10 years and the needs of States and
metropolitan planning organizations to reconstruct and
improve the Interstate System;
(B) the resources necessary to maintain and improve
the Interstate System; and
(C) the means to ensure that the Nation's surface
transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address any
extraordinary needs.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23, United
States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide intercity
passenger service by bus'';
(3) in paragraph (3)--
[[Page 112 STAT. 139]]
(A) by striking ``and bicycle'' and inserting
``bicycle''; and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks
to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)'';
(4) in paragraph (4) by inserting ``infrastructure'' after
``safety'';
(5) in paragraph (9) by striking ``section 108(f)(1)(A)
(other than clauses (xii) and (xvi)) of the Clean Air Act'' and
inserting ``section 108(f)(1)(A) (other than clause (xvi)) of
the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(ii) by striking ``enhance and create'' and
inserting ``enhance, and create natural habitats
and''; and
(iii) by inserting ``natural habitat and''
before ``wetlands conservation''; and
(B) by adding at the end the following: ``With
respect to participation in a natural habitat or wetland
mitigation effort related to a project funded under this
title that has an impact that occurs within the service
area of a mitigation bank, preference shall be given, to
the maximum extent practicable, to the use of the
mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60
Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation
systems capital improvements.
``(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation
facilities, which projects shall be carried out when the
transportation facilities are undergoing reconstruction,
rehabilitation, resurfacing, or restoration; except that the
expenditure of funds under this section for any such
environmental restoration or pollution abatement project shall
not exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.''.
(b) Transportation Enhancement Activities.--Section 133 of such
title is amended-- <<NOTE: 23 USC 133.>>
(1) in subsection (d)(3)(D) by striking ``any State'' and
all that follows through the period at the end and inserting
``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if the
Secretary'' and all that follows through ``activities'';
and
(B) in paragraph (5) by adding at the end the
following:
``(C) Cost sharing.--
[[Page 112 STAT. 140]]
``(i) Required aggregate non-federal share.--
The average annual non-Federal share of the total
cost of all projects to carry out transportation
enhancement activities in a State for a fiscal
year shall be not less than the non-Federal share
authorized for the State under section 120(b).
``(ii) Innovative financing.--Subject to
clause (i), notwithstanding section 120--
``(I) funds from other Federal
agencies and the value of other
contributions (as determined by the
Secretary) may be credited toward the
non-Federal share of the costs of a
project to carry out a transportation
enhancement activity;
``(II) the non-Federal share for
such a project may be calculated on a
project, multiple-project, or program
basis; and
``(III) the Federal share of the
cost of an individual project to which
subclause (I) or (II) applies may be up
to 100 percent.''.
(c) Program Approval.--Section 133(e) of such title is <<NOTE: 23
USC 133.>> 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) <<NOTE: Certification.>> certifies that
the State will meet all the requirements of this
section; and
``(ii) <<NOTE: Notification.>> 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 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--
[[Page 112 STAT. 141]]
``(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) <<NOTE: 23 USC 133 note.>> 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) <<NOTE: 23 USC 133 note.>> 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
[[Page 112 STAT. 142]]
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-- <<NOTE: 23 USC 144.>>
(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:
[[Page 112 STAT. 143]]
``(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 <<NOTE: 23 USC 149.>> 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
[[Page 112 STAT. 144]]
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) <<NOTE: 23 USC 149 note.>> 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.-- <<NOTE: 23 USC 149 note.>>
(1) <<NOTE: Contracts.>> In general.--The Secretary and the
Administrator of the Environmental Protection Agency shall enter
into arrangements with the National Academy of Sciences to
complete, by not later than January 1, 2001, a study of the
congestion mitigation and air quality improvement program under
section 149 of title 23, United States Code. The study shall, at
a minimum--
(A) evaluate the air quality impacts of emissions
from motor vehicles;
(B) evaluate the negative effects of traffic
congestion, including the economic effects of time lost
due to congestion;
(C) determine the amount of funds obligated under
the program and make a comprehensive analysis of the
types of projects funded under the program;
(D) evaluate the emissions reductions attributable
to projects of various types that have been funded under
the program;
(E) assess the effectiveness, including the
quantitative and nonquantitative 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,
[[Page 112 STAT. 145]]
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
[[Page 112 STAT. 146]]
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) <<NOTE: 23 USC 130.>> Conforming Amendments.--Section 130(a) of
such title is amended--
(1) in the first sentence by striking ``Except as provided
in subsection (d) of section 120 of this title'' and inserting
``Subject to section 120''; and
(2) in the second sentence by striking ``except as provided
in subsection (d) of section 120 of this title'' and inserting
``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Motorized recreation.--The term `motorized recreation'
means off-road recreation using any motor-powered vehicle,
except for a motorized wheelchair.
[[Page 112 STAT. 147]]
``(2) Recreational trail.--The term `recreational trail'
means a thoroughfare or track across land or snow, used for
recreational purposes such as--
``(A) pedestrian activities, including wheelchair
use;
``(B) skating or skateboarding;
``(C) equestrian activities, including carriage
driving;
``(D) nonmotorized snow trail activities, including
skiing;
``(E) bicycling or use of other human-powered
vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities, including all-
terrain vehicle riding, motorcycling, snowmobiling, use
of off-road light trucks, or use of other off-road
motorized vehicles.
``(b) Program.--In accordance with this section, the Secretary, in
consultation with the Secretary of the Interior and the Secretary of
Agriculture, shall carry out a program to provide and maintain
recreational trails.
``(c) State Responsibilities.--To be eligible for apportionments
under this section--
``(1) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
``(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and
nonmotorized recreational trail users, which shall meet not less
often than once per fiscal year.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds apportioned to a State to carry out
this section shall be obligated for recreational trails and
related projects that--
``(A) have been planned and developed under the
laws, policies, and administrative procedures of the
State; and
``(B) are identified in, or further a specific goal
of, a recreational trail plan, or a statewide
comprehensive outdoor recreation plan required by the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.), that is in effect.
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of existing
recreational trails;
``(B) development and rehabilitation of trailside
and trailhead facilities and trail linkages for
recreational trails;
``(C) purchase and lease of recreational trail
construction and maintenance equipment;
``(D) construction of new recreational trails,
except that, in the case of new recreational trails
crossing Federal lands, construction of the trails shall
be--
``(i) permissible under other law;
``(ii) necessary and required by a statewide
comprehensive outdoor recreation plan that is
required by the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.) and that is
in effect;
``(iii) approved by the administering agency
of the State designated under subsection (c)(1);
and
[[Page 112 STAT. 148]]
``(iv) approved by each Federal agency having
jurisdiction over the affected lands under such
terms and conditions as the head of the Federal
agency determines to be appropriate, except that
the approval shall be contingent on compliance by
the Federal agency with all applicable laws,
including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Forest and
Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1600 et seq.), and the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.);
``(E) acquisition of easements and fee simple title
to property for recreational trails or recreational
trail corridors;
``(F) payment of costs to the State incurred in
administering the program, but in an amount not to
exceed 7 percent of the apportionment made to the State
for the fiscal year to carry out this section; and
``(G) operation of educational programs to promote
safety and environmental protection as those objectives
relate to the use of recreational trails, but in an
amount not to exceed 5 percent of the apportionment made
to the State for the fiscal year.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), of the apportionments
made to a State for a fiscal year to carry out this
section--
``(i) 40 percent shall be used for
recreational trail or related projects that
facilitate diverse recreational trail use within a
recreational trail corridor, trailside, or
trailhead, regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate both motorized
and nonmotorized recreational trail use;
``(ii) 30 percent shall be used for uses
relating to motorized recreation; and
``(iii) 30 percent shall be used for uses
relating to nonmotorized recreation.
``(B) Small state exclusion.--Any State with a total
land area of less than 3,500,000 acres shall be exempt
from the requirements of clauses (ii) and (iii) of
subparagraph (A).
``(C) Waiver authority.--A State recreational trail
advisory committee established under subsection (c)(2)
may waive, in whole or in part, the requirements of
clauses (ii) and (iii) of subparagraph (A) if the State
recreational trail advisory committee determines and
notifies the Secretary that the State does not have
sufficient projects to meet the requirements of clauses
(ii) and (iii) of subparagraph (A).
``(D) State administrative costs.--State
administrative costs eligible for funding under
paragraph (2)(F) shall be exempt from the requirements
of subparagraph (A).
``(4) Grants.--
``(A) In general.--A State may use funds apportioned
to the State to carry out this section to make grants to
[[Page 112 STAT. 149]]
private organizations, municipal, county, State, and
Federal Government entities, and other government
entities as approved by the State after considering
guidance from the State recreational trail advisory
committee established under subsection (c)(2), for uses
consistent with this section.
``(B) Compliance.--A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of
the program for the use of grant funds.
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of this section,
a State should give consideration to project proposals that provide for
the redesign, reconstruction, nonroutine maintenance, or relocation of
recreational trails to benefit the natural environment or to mitigate
and minimize the impact to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--Notwithstanding any
other provision of law, a Federal agency that sponsors a project
under this section may contribute additional Federal funds
toward the cost of a project, except that--
``(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of
a project under this section; and
``(B) the share attributable to the Secretary and
the Federal agency may not exceed 95 percent of the cost
of a project under this section.
``(3) Use of funds from federal programs to provide non-
federal share.--Notwithstanding any other provision of law, the
non-Federal share of the cost of the project may include amounts
made available by the Federal Government under any Federal
program that are--
``(A) expended in accordance with the requirements
of the Federal program relating to activities funded and
populations served; and
``(B) expended on a project that is eligible for
assistance under this section.
``(4) Programmatic non-federal share.--A State may allow
adjustments to the non-Federal share of an individual project
for a fiscal year under this section if the Federal share of the
cost of all projects carried out by the State under the program
(excluding projects funded under paragraph (2) or (3)) using
funds apportioned to the State for the fiscal year does not
exceed 80 percent.
``(5) State administrative costs.--The Federal share of the
administrative costs of a State under this subsection shall be
determined in accordance with section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
``(1) condemnation of any kind of interest in property;
``(2) construction of any recreational trail on National
Forest System land for any motorized use unless--
``(A) the land has been designated for uses other
than wilderness by an approved forest land and resource
[[Page 112 STAT. 150]]
management plan or has been released to uses other than
wilderness by an Act of Congress; and
``(B) the construction is otherwise consistent with
the management direction in the approved forest land and
resource management plan;
``(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land--
``(A) has been designated for uses other than
wilderness by an approved Bureau of Land Management
resource management plan or has been released to uses
other than wilderness by an Act of Congress; and
``(B) the construction is otherwise consistent with
the management direction in the approved management
plan; or
``(4) upgrading, expanding, or otherwise facilitating
motorized use or access to recreational trails predominantly
used by nonmotorized recreational trail users and on which, as
of May 1, 1991, motorized use was prohibited or had not
occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials, services, or
new right-of-way.--
``(A) In general.--Nothing in this title or other
law shall prevent a project sponsor from offering to
donate funds, materials, services, or a new right-of-way
for the purposes of a project eligible for assistance
under this section. Any funds, or the fair market value
of any materials, services, or new right-of-way, may be
donated by any project sponsor and shall be credited to
the non-Federal share in accordance with subsection (f).
``(B) Federal project sponsors.--Any funds or the
fair market value of any materials or services may be
provided by a Federal project sponsor and shall be
credited to the Federal agency's share in accordance
with subsection (f).
``(2) Recreational purpose.--A project funded under this
section is intended to enhance recreational opportunity and is
not subject to section 138 of this title or section 303 of title
49.
``(3) Continuing recreational use.--At the option of each
State, funds apportioned to the State to carry out this section
may be treated as Land and Water Conservation Fund
apportionments for the purposes of section 6(f)(3) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition of making
available apportionments for work on recreational trails
that would affect privately owned land, a State shall
obtain written assurances that the owner of the land
will cooperate with the State and participate as
necessary in the activities to be conducted.
``(B) Public access.--Any use of the apportionments
to a State to carry out this section on privately owned
land must be accompanied by an easement or other legally
binding agreement that ensures public access to the
recreational trail improvements funded by the
apportionments.
[[Page 112 STAT. 151]]
``(i) Contract Authority.--Funds authorized to carry out this
section shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1, except that the Federal share of
the cost of a project under this section shall be determined in
accordance with this section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating to section
206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the Intermodal
Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is
repealed.
(d) Termination of Advisory Committee.--Section 1303 of such Act (16
U.S.C. 1262) is amended by adding at the end the following:
``(j) Termination.--The advisory committee established by this
section shall terminate on September 30, 2000.''.
(e) <<NOTE: 23 USC 206 note.>> Encouragement of Use of Youth
Conservation or Service Corps.--The Secretary shall encourage the States
to enter into contracts and cooperative agreements with qualified youth
conservation or service corps to perform construction and maintenance of
recreational trails under section 206 of title 23, United States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United States Code,
is amended in the first sentence by striking ``highway system'' and
inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of such title is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) General Eligibility.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the Secretary for the
repair or reconstruction of highways, roads, and trails, in any part of
the United States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide;
or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds be used
pursuant to this section for the repair or reconstruction of bridges
that have been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse due
to a structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as may be necessary to establish the
fund authorized by this section and to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section; except that,
if in any fiscal year the total of all obligations under this
[[Page 112 STAT. 152]]
section is less than the amount authorized to be obligated in
such fiscal year, the unobligated balance of such amount shall
remain available until expended and shall be in addition to
amounts otherwise available to carry out this section each year.
``(2) Pending such appropriation or replenishment, the
Secretary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums as may
be necessary for the immediate prosecution of the work herein
authorized. Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.'';
(3) in subsection (d) (as so redesignated)--
(A) in the first sentence by striking
``reconstruction of highways'' and all that follows
through ``in accordance'' and inserting ``reconstruction
of highways on Federal-aid highways in accordance'';
(B) by striking ``subsection (c)'' both places it
appears and inserting ``subsection (e)'';
(C) in the second sentence by striking
``authorized'' and all that follows through the period
and inserting ``authorized on Federal-aid highways.'';
and
(D) in the last sentence by striking ``Disaster
Relief and Emergency Assistance Act (Public Law 93-
288)'' and inserting ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)''; and
(4) in subsection (e) (as so redesignated) by striking ``on
any of the Federal-aid highway systems'' and inserting
``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any other
provision of law, a project to repair or reconstruct any portion of a
Federal-aid primary route in San Mateo County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal plan.
(d) <<NOTE: 23 USC 120.>> Technical Amendments.--Section 120(e) of
such title is amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States Code, is
amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) State Defined.--In this section, the term `State' means the 50
States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall carry out highway use
tax evasion projects in accordance with this subsection.
[[Page 112 STAT. 153]]
``(2) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
``(3) Conditions on funds allocated to internal revenue
service.--The Secretary shall not impose any condition on the
use of funds allocated to the Internal Revenue Service under
this subsection.
``(4) Limitation on use of funds.--Funds made available to
carry out this section shall be used only--
``(A) to expand efforts to enhance motor fuel tax
enforcement;
``(B) to fund additional Internal Revenue Service
staff, but only to carry out functions described in this
paragraph;
``(C) to supplement motor fuel tax examinations and
criminal investigations;
``(D) to develop automated data processing tools to
monitor motor fuel production and sales;
``(E) to evaluate and implement registration and
reporting requirements for motor fuel taxpayers;
``(F) to reimburse State expenses that supplement
existing fuel tax compliance efforts; and
``(G) to analyze and implement programs to reduce
tax evasion associated with other highway use taxes.
``(5) Maintenance of effort.--The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of
funds of the State, exclusive of Federal funds, for motor fuel
tax enforcement activities will be maintained at a level that
does not fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be 100 percent.
``(7) Period of availability.--Funds authorized to carry out
this section shall remain available for obligation for a period
of 3 years after the last day of the fiscal year for which the
funds are authorized.
``(8) Use of surface transportation program funding.--In
addition to funds made available to carry out this section, a
State may expend up to \1/4\ of 1 percent of the funds
apportioned to the State for a fiscal year under section
104(b)(3) on initiatives to halt the evasion of payment of motor
fuel taxes.
``(c) Excise Fuel Reporting System.--
``(1) <<NOTE: Contracts.>> In general.--Not later than
April 1, 1998, the Secretary shall enter into a memorandum of
understanding with the Commissioner of the Internal Revenue
Service for the purposes of the development and maintenance by
the Internal Revenue Service of an excise fuel reporting system
(in this subsection referred to as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
``(B) the system shall be under the control of the
Internal Revenue Service; and
``(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, and law
[[Page 112 STAT. 154]]
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 1998 through 2003, the
Secretary shall make available sufficient funds to the Internal
Revenue Service to establish and operate an automated fuel
reporting system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is amended by
striking the item relating to section 143 and inserting the
following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is
repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) is
amended--
(A) in the first sentence of subsection (g) by
striking ``section 1040 of this Act'' and inserting
``section 143 of title 23, United States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United States
Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--Notwithstanding
any other provision of law, the funds appropriated to any Federal land
management agency may be used to pay the non-Federal share of the cost
of any Federal-aid highway project the Federal share of which is funded
under section 104.
``(k) Use of Federal Lands Highways Program Funds.--Notwithstanding
any other provision of law, the funds authorized to be appropriated to
carry out the Federal lands highways program under section 204 may be
used to pay the non-Federal share of the cost of any project that is
funded under section 104 and that provides access to or within Federal
or Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--'' after
``(d)'';
(2) by inserting ``(1) For fiscal years ending before
october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the following:
``ending before October 1, 1999'';
(4) by adding at the end the following:
``(2) Fiscal year 2000 and thereafter.--
``(A) In general.--All funds authorized to be
appropriated for Indian reservation roads shall be
allocated among Indian tribes for fiscal year 2000 and
each subsequent fiscal year in accordance with a formula
established by the Secretary of the Interior under a
negotiated rulemaking procedure under subchapter III of
chapter 5 of title 5.
``(B) Regulations.--Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior
shall issue regulations governing the Indian reservation
roads program, and establishing the funding formula for
fiscal
[[Page 112 STAT. 155]]
year 2000 and each subsequent fiscal year under this
paragraph, in accordance with a negotiated rulemaking
procedure under subchapter III of chapter 5 of title 5.
The regulations shall be issued in final form not later
than April 1, 1999, and shall take effect not later than
October 1, 1999.
``(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee to carry
out subparagraph (B), the Secretary of the Interior
shall--
``(i) apply the procedures under subchapter
III of chapter 5 of title 5 in a manner that
reflects the unique government-to-government
relationship between the Indian tribes and the
United States; and
``(ii) ensure that the membership of the
committee includes only representatives of the
Federal Government and of geographically diverse
small, medium, and large Indian tribes.
``(D) Basis for funding formula.--The funding
formula established for fiscal year 2000 and each
subsequent fiscal year under this paragraph shall be
based on factors that reflect--
``(i) the relative needs of the Indian tribes,
and reservation or tribal communities, for
transportation assistance; and
``(ii) the relative administrative capacities
of, and challenges faced by, various Indian
tribes, including the cost of road construction in
each Bureau of Indian Affairs area, geographic
isolation and difficulty in maintaining all-
weather access to employment, commerce, health,
safety, and educational resources.
``(3) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available under this title for Indian reservation roads
and for highway bridges located on Indian reservation
roads to pay for the costs of programs, services,
functions, and activities, or portions thereof, that are
specifically or functionally related to the cost of
planning, research, engineering, and construction of any
highway, road, bridge, parkway, or transit facility that
provides access to or is located within the reservation
or community of an Indian tribe shall be made available,
upon request of the Indian tribal government, to the
Indian tribal government for contracts and agreements
for such planning, research, engineering, and
construction in accordance with the Indian Self-
Determination and Education Assistance Act.
``(B) Exclusion of agency participation.--Funds for
programs, functions, services, or activities, or
portions thereof, including supportive administrative
functions that are otherwise contractible to which
subparagraph (A) applies, shall be paid in accordance
with subparagraph (A) without regard to the
organizational level at which the Department of the
Interior that has previously carried out such programs,
functions, services, or activities.
``(4) Reservation of funds.--
[[Page 112 STAT. 156]]
``(A) Nationwide priority program.--The Secretary
shall establish a nationwide priority program for
improving deficient Indian reservation road bridges.
``(B) Reservation.--Of the amounts authorized to be
appropriated for Indian reservation roads for each
fiscal year, the Secretary, in cooperation with the
Secretary of the Interior, shall reserve not less than
$13,000,000 for projects to replace, rehabilitate,
seismically retrofit, paint, apply calcium magnesium
acetate to, apply sodium acetate/formate de-icer to, or
install scour countermeasures for deficient Indian
reservation road bridges, including multiple-pipe
culverts.
``(C) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
subparagraph (A) must--
``(i) have an opening of 20 feet or more;
``(ii) be on an Indian reservation road;
``(iii) be unsafe because of structural
deficiencies, physical deterioration, or
functional obsolescence; and
``(iv) be recorded in the national bridge
inventory administered by the Secretary under
subsection (b).
``(D) Approval requirement.--Funds to carry out
Indian reservation road bridge projects under this
subsection shall be made available only on approval of
plans, specifications, and estimates by the
Secretary.''; and
(5) by indenting paragraph (1) (as designated by paragraph
(2) of this paragraph) and aligning paragraph (1) with
paragraphs (2), (3), and (4) (as added by paragraph (4) of this
paragraph).
(c) <<NOTE: 23 USC 203.>> Availability of Funds.--Section 203 of
such title is amended by adding at the end the following:
``Notwithstanding any other provision of law, the authorization by the
Secretary of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal lands
highways program project, shall be deemed to constitute a contractual
obligation of the Federal Government to pay the Federal share of the
cost of the project.''.
(d) Planning and Agency Coordination.--Section 204 of such title is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all Federal
roads that are public roads to be treated under uniform policies
similar to the policies that apply to Federal-aid highways,
there is established a coordinated Federal lands highways
program that shall apply to public lands highways, park roads
and parkways, and Indian reservation roads and bridges.
``(2) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land management
agency, the Secretary shall develop, by rule, transportation
planning procedures that are consistent with the metropolitan
and statewide planning processes required under sections 134 and
135.
``(3) Approval of transportation improvement program.--The
transportation improvement program developed as
[[Page 112 STAT. 157]]
a part of the transportation planning process under this section
shall be approved by the Secretary.
``(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
``(A) shall be developed in cooperation with States
and metropolitan planning organizations; and
``(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
``(5) Inclusion in state programs.--The approved Federal
lands highways program transportation improvement program shall
be included in appropriate State and metropolitan planning
organization plans and programs without further action on the
transportation improvement program.
``(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop by rule safety,
bridge, pavement, and congestion management systems for roads
funded under the Federal lands highways program.'';
(2) in subsection (b) by striking the first 3 sentences and
inserting the following: ``Funds available for public lands
highways, park roads and parkways, and Indian reservation roads
shall be used by the Secretary and the Secretary of the
appropriate Federal land management agency to pay for the cost
of transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or of transit
facilities within public lands, national parks, and Indian
reservations. In connection with activities under the preceding
sentence, the Secretary and the Secretary of the appropriate
Federal land management agency may enter into construction
contracts and other appropriate contracts with a State or civil
subdivision of a State or Indian tribe.'';
(3) in the first sentence of subsection (e) by striking
``Secretary of the Interior'' and inserting ``Secretary of the
appropriate Federal land management agency'';
(4) in subsection (h) by adding at the end the following:
``(8) A project to build a replacement of the federally
owned bridge over the Hoover Dam in the Lake Mead National
Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the following:
``(i) Transfers of Costs to Secretaries of Federal Land Management
Agencies.--
``(1) Administrative costs.--The Secretary shall transfer to
the appropriate Federal land management agency from amounts made
available for public lands highways such amounts as are
necessary to pay necessary administrative costs of the agency in
connection with public lands highways.
``(2) Transportation planning costs.--The Secretary shall
transfer to the appropriate Federal land management agency from
amounts made available for public lands highways such amounts as
are necessary to pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding for the
planning is not otherwise provided under this section.''; and
(6) in subsection (j) by striking the second sentence and
inserting the following: ``The Indian tribal government, in
[[Page 112 STAT. 158]]
cooperation with the Secretary of the Interior, and as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation planning
process in accordance with subsection (a).''.
(e) Refuge Roads.--
(1) Authorizations.--Section 201 of such title is <<NOTE: 23
USC 201.>> amended in the first sentence by inserting ``refuge
roads,'' before ``public lands highways,''.
(2) Allocations.--Section 202 of such title is amended by
adding at the end the following:
``(e) Refuge Roads.-- <<NOTE: Effective date.>> On October 1 of each
fiscal year, the Secretary shall allocate the sums made available for
that fiscal year for refuge roads according to the relative needs of the
various refuges in the National Wildlife Refuge System, and taking into
consideration--
``(1) the comprehensive conservation plan for each refuge;
``(2) the need for access as identified through land use
planning; and
``(3) the impact of land use planning on existing
transportation facilities.''.
(3) Availability of funds.--Section 203 of such title is
amended in the first and fourth sentences--
(A) by striking ``for,'' and inserting ``for''; and
(B) by inserting ``refuge roads,'' after
``parkways,'' each place it appears.
(4) Use of funding.--Section 204 of such title is amended by
adding at the end the following:
``(k) Refuge Roads.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for refuge roads shall be used
by the Secretary and the Secretary of the Interior only to pay
the cost of--
``(A) maintenance and improvements of refuge roads;
``(B) maintenance and improvements of eligible
projects described in paragraphs (2), (5), and (6) of
subsection (h) that are located in or adjacent to
wildlife refuges; and
``(C) administrative costs associated with such
maintenance and improvements.
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the Interior, as appropriate, may
enter into contracts with a State or civil subdivision of a
State or Indian tribe as is determined advisable.
``(3) Compliance with other law.--Funds made available for
refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson Memorial Bridge
Authority Act of 1995 (109 Stat. 628) is amended--
(1) in paragraph (3) by striking ``, including approaches
thereto''; and
(2) in paragraph (5) by striking ``to be determined under
section 407. Such'' and all that follows through the period at
the end and inserting the following: ``as described in the
record of decision executed by the Secretary in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C.
[[Page 112 STAT. 159]]
4321 et seq.). The term includes ongoing short-term
rehabilitation and repairs to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1) of such
Act (109 Stat. 630) is amended by inserting ``or any Capital
Region jurisdiction'' after ``Authority'' each place it appears.
(2) Agreement.--Section 407 of such Act (109 Stat. 630) is
amended by striking subsection (c) and inserting the following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed by
the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the new bridge.
``(2) Terms of the agreement.--The agreement shall--
``(A) identify whether the Authority or a Capital
Region jurisdiction will accept ownership of the new
bridge;
``(B) contain a financial plan satisfactory to the
Secretary, which shall be prepared before the execution
of the agreement, that specifies--
``(i) the total cost of the Project, including
any cost-saving measures;
``(ii) a schedule for implementation of the
Project, including whether any expedited design
and construction techniques will be used; and
``(iii) the sources of funding that will be
used to cover any costs of the Project not funded
from funds made available under section 412;
``(C) require that--
``(i) the Project include not more than 12
traffic lanes, including 8 general purpose lanes,
2 merging/diverging lanes, and 2 high occupancy
vehicle, express bus, or rail transit lanes;
``(ii) the design, construction, and operation
of the Project reflect the requirements of clause
(i);
``(iii) all provisions described in the
environmental impact statement for the Project or
the record of decision for the Project (including
in the attachments to the statement and record)
for mitigation of environmental and other impacts
of the Project be implemented; and
``(iv) the Authority and the Capital Region
jurisdictions develop a process to integrate
affected local governments, on an ongoing basis,
in the process of carrying out the engineering,
design, and construction phases of the project,
including planning for implementing the provisions
described in clause (iii); and
``(D) contain such other terms and conditions as the
Secretary determines to be appropriate.''.
(c) Federal Contribution.--Such Act (109 Stat. 627) is amended by
adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Funding.--
[[Page 112 STAT. 160]]
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $25,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $150,000,000 for fiscal year 2000,
$200,000,000 for fiscal year 2001, $225,000,000 for fiscal year
2002, and $225,000,000 for fiscal year 2003 to pay the costs of
planning, preliminary engineering and design, final engineering,
acquisition of rights-of-way, and construction of the Project;
except that the costs associated with the Bridge shall be given
priority over other eligible costs, other than design costs, of
the Project.
``(2) Contract authority.--Funds authorized by this section
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code; except that--
``(A) the funds shall remain available until
expended;
``(B) the Federal share of the cost of the Bridge
component of the Project shall not exceed 100 percent;
and
``(C) the Federal share of the cost of any other
component of the Project shall not exceed 80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title limits the
authority of any Capital Region jurisdiction to use funds apportioned to
the jurisdiction under paragraphs (1) and (3) of section 104(b) of title
23, United States Code, in accordance with the requirements for such
funds, to pay any costs of the Project.
``(c) Availability of Apportioned Funds.--None of the funds made
available under this section shall be available for construction before
the execution of the agreement described in section 407(c), except that
the Secretary may fund the maintenance and rehabilitation of the Bridge,
the design of the Project, and right-of-way acquisition, including early
acquisition of construction staging areas.''.
(d) Conforming Amendment.--Section 405(b)(1) of such Act (109 Stat.
629) is amended by striking ``the Signatories as to the Federal share of
the cost of the Project and the terms and conditions related to the
timing of the transfer of the Bridge to''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available by section 102 of this Act for fiscal years 1998 through 2003
among the States based on the latest available cost to complete estimate
for the Appalachian development highway system under section 201 of the
Appalachian Regional Development Act of 1965 prepared by the Appalachian
Regional Commission. Such funds shall be available to construct highways
and access roads under section 201 of the Appalachian Regional
Development Act of 1965.
(b) Applicability of Title 23.--Funds authorized by section 102 of
this Act for the Appalachian development highway system shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code, except that
the Federal share of the cost of any project under this section shall be
determined in accordance with such section 201 and such funds shall
remain available until expended.
(c) Federal Share for Pre-Financed Projects.--Section 201(h)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``70'' and inserting ``80''.
[[Page 112 STAT. 161]]
(d) Corridor O.--There is hereby designated as an addition to
Corridor O in Pennsylvania on the Appalachian development highway system
a segment from Port Matilda to Interstate Route 80 along United States
Route 322, and the segment of Corridor O from the Pennsylvania State
line to the improved segment in Bedford, Pennsylvania, shall be
subtracted from Corridor O. Such designated addition shall not affect
estimates of the cost to complete such system and such subtracted
segment may be included on a map of such system for purposes of
continuity only.
SEC. 1118. <<NOTE: 23 USC 101 note.>> NATIONAL CORRIDOR PLANNING AND
DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall establish and implement a
program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction of
corridors of national significance, economic growth, and international
or interregional trade. A State or metropolitan planning organization
may apply to the Secretary for allocations under this section.
(b) Eligibility of Corridors.--The Secretary may make allocations
under this section with respect to--
(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991;
and
(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of--
(A) the extent to which the annual volume of
commercial vehicle traffic at the border stations or
ports of entry of each State--
(i) has increased since the date of enactment
of the North American Free Trade Agreement
Implementation Act (Public Law 103-182); and
(ii) is projected to increase in the future;
(B) the extent to which commercial vehicle traffic
in each State--
(i) has increased since the date of enactment
of the North American Free Trade Agreement
Implementation Act (Public Law 103-182); and
(ii) is projected to increase in the future;
(C) the extent to which international truck-borne
commodities move through each State;
(D) the reduction in commercial and other travel
time through a major international gateway or affected
port of entry expected as a result of the proposed
project including the level of traffic delays at at-
grade highway crossings of major rail lines in trade
corridors;
(E) the extent of leveraging of Federal funds
provided under this subsection, including--
(i) use of innovative financing;
(ii) combination with funding provided under
other sections of this Act and title 23, United
States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding
including State, local, and private matching
funds;
[[Page 112 STAT. 162]]
(F) the value of the cargo carried by commercial
vehicle traffic, to the extent that the value of the
cargo and congestion impose economic costs on the
Nation's economy; and
(G) encourage or facilitate major multistate or
regional mobility and economic growth and development in
areas underserved by existing highway infrastructure.
(c) Purposes.--Allocations may be made under this section for 1 or
more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for corridors
described in subsection (b).
(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof
under subsection (b)--
(A) environmental review; and
(B) construction.
(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation under this
section shall develop, and submit to the Secretary for review, a
development and management plan for the corridor or a usable component
thereof with respect to which the allocation is being made. Such plan
shall include, at a minimum, the following elements:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing
methods and, if the corridor is a multistate corridor, a State-
by-State breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the development
and construction of the corridor, including any environmental,
social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage all
States having jurisdiction over any portion of such corridor to
participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by section 1101
of this Act to carry out this section and section 1119 shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(f) Coordination of Planning.--Planning with respect to a corridor
under this section shall be coordinated with transportation planning
being carried out by the States and metropolitan planning organizations
along the corridor and, to the extent appropriate, with transportation
planning being carried out by Federal land management agencies, by
tribal governments, or by government agencies in Mexico or Canada.
(g) State Defined.--In this section, the term ``State'' has the
meaning such term has under section 101 of title 23, United States Code.
[[Page 112 STAT. 163]]
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM. <<NOTE: 23 USC 101
note. Canada. Mexico.>>
(a) General Authority.--The Secretary shall establish and implement
a coordinated border infrastructure program under which the Secretary
may make allocations to border States and metropolitan planning
organizations for areas within the boundaries of 1 or more border States
for projects to improve the safe movement of people and goods at or
across the border between the United States and Canada and the border
between the United States and Mexico.
(b) Eligible Uses.--Allocations to States and metropolitan planning
organizations under this section may only be used in a border region
for--
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross border vehicle and cargo
movement;
(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
(5) international coordination of planning, programming, and
border operation with Canada and Mexico relating to expediting
cross border vehicle and cargo movements; and
(6) activities of Federal inspection agencies.
(c) Selection Criteria.--The Secretary shall make allocations under
this section on the basis of--
(1) expected reduction in commercial and other motor vehicle
travel time through an international border crossing as a result
of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada
or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act, and
combination with other sources of Federal, State, local, or
private funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies
responsible for the inspection of vehicles, cargo, and persons
crossing international borders and their counterpart agencies in
Canada and Mexico;
(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
(7) the degree of demonstrated coordination with Federal
inspection agencies;
(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;
[[Page 112 STAT. 164]]
(9) demonstrated local commitment to implement and sustain
continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of General
Services, in consultation with the Attorney General, the Secretary may
transfer, during the period of fiscal years 1998 through 2001, not more
than $10,000,000 of the amounts made available by section 1101 to carry
out this section and section 1118 to the Administrator of General
Services for the construction of transportation infrastructure necessary
for law enforcement in border States.
(e) Definitions.--In this section, the following definitions apply:
(1) Border region.--The term ``border region'' means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) Border state.--The term ``border State'' means any State
that has a boundary in common with Canada or Mexico.
Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended to read
as follows:
``(a) Definitions.--In this title, the following definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization laws.
``(2) Carpool project.--The term `carpool project' means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a
highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other debt
financing instruments and costs incurred by the State in
performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes--
``(A) locating, surveying, and mapping (including
the establishment of temporary and permanent geodetic
markers in accordance with specifications of the
National Oceanic and Atmospheric Administration of the
Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
[[Page 112 STAT. 165]]
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway grade
crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate and
control traffic flow, such as grade separation of
intersections, widening of lanes, channelization of
traffic, traffic control systems, and passenger loading
and unloading areas; and
``(H) capital improvements that directly facilitate
an effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale
installation, and scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States that do not
have county organizations and, in those States in which the
county government does not have jurisdiction over highways, any
local government unit vested with jurisdiction over local
highways.
``(5) Federal-aid highway.--The term `Federal-aid highway'
means a highway eligible for assistance under this chapter other
than a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that is
a public road.
``(8) Forest development roads and trails.--The term `forest
development roads and trails' means forest roads and trails
under the jurisdiction of the Forest Service.
``(9) Forest highway.--The term `forest highway' means a
forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel.
``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving the National Forest System that is
necessary for the protection, administration, and utilization of
the National Forest System and the use and development of its
resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway
crossing, tunnel, drainage structure, sign, guardrail,
and protective structure, in connection with a highway;
and
``(C) a portion of any interstate or international
bridge or tunnel and the approaches thereto, the cost of
which is assumed by a State transportation department,
including such facilities as may be required by the
United States Customs and Immigration Services in
connection with the operation of an international bridge
or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located within or
provides access to an Indian reservation or Indian trust land
[[Page 112 STAT. 166]]
or restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally
available to Indians under Federal laws specifically applicable
to Indians.
``(13) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate and
Defense Highways described in section 103(c).
``(14) Maintenance.--The term `maintenance' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-control
devices as are necessary for safe and efficient utilization of
the highway.
``(15) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(17) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated
with the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term `operational
improvement'--
``(A) means (i) a capital improvement for
installation of traffic surveillance and control
equipment, computerized signal systems, motorist
information systems, integrated traffic control systems,
incident management programs, and transportation demand
management facilities, strategies, and programs, and
(ii) such other capital improvements to public roads as
the Secretary may designate, by regulation; and
``(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional
lanes, interchanges, and grade separations, and
construction of a new facility on a new location.
``(19) Park road.--The term `park road' means a public road,
including a bridge built primarily for pedestrian use, but with
capacity for use by emergency vehicles, that is located within,
or provides access to, an area in the National Park System with
title and maintenance responsibilities vested in the United
States.
``(20) Parkway.--The term `parkway', as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on
lands to which title is vested in the United States.
``(21) Project.--The term `project' means an undertaking to
construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
[[Page 112 STAT. 167]]
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
``(23) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or toll-
free facilities.
``(24) Public lands development roads and trails.--The term
`public lands development roads and trails' means those roads
and trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and utilization of public lands and resources
under the control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public lands
highway' means a forest road under the jurisdiction of and
maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public lands,
nontaxable Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority and open to
public travel.
``(26) Public lands highways.--The term `public lands
highways' means those main highways through unappropriated or
unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
``(27) Public road.--The term `public road' means any road
or street under the jurisdiction of and maintained by a public
authority and open to public travel.
``(28) Refuge road.--The term `refuge road' means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
``(29) Rural areas.--The term `rural areas' means all areas
of a State not included in urban areas.
``(30) Safety improvement project.--The term `safety
improvement project' means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority control
systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or
installs traffic control or warning devices at locations with
high accident potential.
``(31) Secretary.--The term `Secretary' means Secretary of
Transportation.
``(32) State.--The term `State' means any of the 50 States,
the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds' includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation department.
``(34) State transportation department.--The term `State
transportation department' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
``(35) Transportation enhancement activities.--The term
`transportation enhancement activities' means, with
[[Page 112 STAT. 168]]
respect to any project or the area to be served by the project,
any of the following activities if such activity relates to
surface transportation: provision of facilities for pedestrians
and bicycles, provision of safety and educational activities for
pedestrians and bicyclists, acquisition of scenic easements and
scenic or historic sites, scenic or historic highway programs
(including the provision of tourist and welcome center
facilities), landscaping and other scenic beautification,
historic preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of
abandoned railway corridors (including the conversion and use
thereof for pedestrian or bicycle trails), control and removal
of outdoor advertising, archaeological planning and research,
environmental mitigation to address water pollution due to
highway runoff or reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity, and establishment of
transportation museums.
``(36) Urban area.--The term `urban area' means an urbanized
area or, in the case of an urbanized area encompassing more than
one State, that part of the urbanized area in each such State,
or urban place as designated by the Bureau of the Census having
a population of 5,000 or more and not within any urbanized area,
within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval by
the Secretary. Such boundaries shall encompass, at a minimum,
the entire urban place designated by the Bureau of the Census,
except in the case of cities in the State of Maine and in the
State of New Hampshire.
``(37) Urbanized area.--The term `urbanized area' means an
area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urbanized area within
a State as designated by the Bureau of the Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate
System)'';
(2) in subsection (e) by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and State
in accordance with sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall be
considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.
[[Page 112 STAT. 169]]
``(2) Safety considerations.--Transportation plans and
projects shall provide due consideration for safety and
contiguous routes for bicyclists and pedestrians. Safety
considerations shall include the installation, where
appropriate, and maintenance of audible traffic signals and
audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized vehicles
shall'' and inserting ``Motorized vehicles may not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local regulations
permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following:
``(4) when State or local regulations permit, electric
bicycles; and''; and
(7) by striking subsection (j) and inserting the following:
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means a new or improved lane, path, or
shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
``(2) Electric bicycle.--The term `electric bicycle' means
any bicycle or tricycle with a low-powered electric motor
weighing under 100 pounds, with a top motor-powered speed not in
excess of 20 miles per hour.
``(3) Pedestrian.--The term `pedestrian' means any person
traveling by foot and any mobility-impaired person using a
wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.''.
(b) Design Guidance.-- <<NOTE: 23 USC 217 note.>>
(1) In general.--In implementing section 217(g) of title 23,
United States Code, the Secretary, in cooperation with the
American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and other
interested organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian travel.
(2) Issues to be addressed.--The guidance shall address
issues such as the level and nature of the demand, volume, and
speed of motor vehicle traffic, safety, terrain, cost, and sight
distance.
(3) Recommendations.--The guidance shall include
recommendations on amending and updating the policies of the
American Association of State Highway and Transportation
Officials relating to highway and street design standards to
accommodate bicyclists and pedestrians.
(4) Time period for development.--The guidance shall be
developed within 18 months after the date of enactment of this
Act.
(c) Protection of Nonmotorized Transportation Traffic.--Section
109(n) of such title is amended to read as follows:
[[Page 112 STAT. 170]]
``(n) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory action
under this title that will result in the severance of an existing major
route or have significant adverse impact on the safety for nonmotorized
transportation traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or such a
route exists.''.
(d) <<NOTE: 23 USC 130.>> Railway-Highway Crossings.--Section 130
of such title is amended by adding at the end the following:
``(j) Bicycle Safety.--In carrying out projects under this section,
a State shall take into account bicycle safety.''.
(e) National Bicycle Safety Education Curriculum.-- <<NOTE: 23 USC
402 note.>>
(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curriculum.
(3) Funding.--From amounts made available under section 210,
the Secretary may use not to exceed $500,000 for fiscal year
1999 to carry out this subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan planning
organizations designated under subsection (b), in cooperation
with the State and public transit operators, shall develop
transportation plans and programs for urbanized areas of the
State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation systems
and facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal
transportation system for the metropolitan area and as an
integral part of an intermodal transportation system for the
State and the United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is amended by
striking paragraphs (1) and (2) and inserting the following:
[[Page 112 STAT. 171]]
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent
at least 75 percent of the affected population
(including the central city or cities as defined by the
Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as a
transportation management area, when designated or redesignated
under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area (including all transportation agencies
included in the metropolitan planning organization as of
June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such title is
amended--
(A) by striking ``among'' and inserting ``between'';
and
(B) by striking ``which together'' and inserting
``that together''.
(4) Designation of more than 1 metropolitan planning
organization.--Section 134(b)(6) of such title is amended to
read as follows:
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c) of such
title is amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and inserting
the following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows and
inserting the following:
``(2) Included area.--Each metropolitan planning area--
[[Page 112 STAT. 172]]
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of an
urbanized area designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.), the boundaries of the metropolitan planning area in
existence as of the date of enactment of this paragraph shall be
retained, except that the boundaries may be adjusted by
agreement of the Governor and affected metropolitan planning
organizations in the manner described in subsection (b)(5).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone or
carbon monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner described
in subsection (b)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone or carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning for
the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the term `Lake
Tahoe region' has the meaning given the term `region' in
subdivision (a) of article II of the Tahoe Regional
Planning Compact, as set forth in the first section of
Public Law 96-551 (94 Stat. 3234).
[[Page 112 STAT. 173]]
``(B) Transportation planning process.--The
Secretary shall--
``(i) establish with the Federal land
management agencies that have jurisdiction over
land in the Lake Tahoe region a transportation
planning process for the region; and
``(ii) coordinate the transportation planning
process with the planning process required of
State and local governments under this section,
section 135, and chapter 53 of title 49.
``(C) Interstate compact.--
<<NOTE: California. Nevada.>>
``(i) In general.--Subject to clause (ii),
notwithstanding subsection (b), to carry out the
transportation planning process required by this
section, the consent of Congress is granted to the
States of California and Nevada to designate a
metropolitan planning organization for the Lake
Tahoe region, by agreement between the Governors
of the States of California and Nevada and units
of general purpose local government that together
represent at least 75 percent of the affected
population (including the central city or cities
(as defined by the Bureau of the Census)), or in
accordance with procedures established by
applicable State or local law.
``(ii) Involvement of federal land management
agencies.--
``(I) Representation.--The policy
board of a metropolitan planning
organization designated under clause (i)
shall include a representative of each
Federal land management agency that has
jurisdiction over land in the Lake Tahoe
region.
``(II) Funding.--In addition to
funds made available to the metropolitan
planning organization under other
provisions of this title and under
chapter 53 of title 49, not more than 1
percent of the funds allocated under
section 202 may be used to carry out the
transportation planning process for the
Lake Tahoe region under this
subparagraph.
``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
``(i) shall be selected for funding in a
manner that facilitates the participation of the
Federal land management agencies that have
jurisdiction over land in the Lake Tahoe region;
and
``(ii) may, in accordance with chapter 2, be
funded using funds allocated under section 202.
``(4) Recipients of other assistance.--The Secretary shall
encourage each metropolitan planning organization to coordinate,
to the maximum extent practicable, the design and delivery of
transportation services within the metropolitan planning area
that are provided--
``(A) by recipients of assistance under chapter 53
of title 49; and
``(B) by governmental agencies and nonprofit
organizations (including representatives of the agencies
and organizations) that receive Federal assistance from
a source
[[Page 112 STAT. 174]]
other than the Department of Transportation to provide
nonemergency transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is amended--
<<NOTE: 23 USC 134.>>
(1) in the subsection heading by striking ``MPO's'' and
inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a project is
located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning organizations
shall coordinate plans regarding the project.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by
paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such title is
amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall provide
for consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
``(C) increase the accessibility and mobility
options available to people and for freight;
``(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes, for
people and freight;
``(F) promote efficient system management and
operation; and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable by
any court under this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such title is
amended--
(1) in paragraph (2) by striking ``, at a minimum'' and
inserting ``contain, at a minimum, the following'';
(2) in paragraph (2)(A) by striking ``Identify'' and
inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the
adopted long-range transportation plan can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial
[[Page 112 STAT. 175]]
plan may include, for illustrative purposes, additional
projects that would be included in the adopted long-
range transportation plan if reasonable additional
resources beyond those identified in the financial plan
were available. For the purpose of developing the long-
range transportation plan, the metropolitan planning
organization and State shall cooperatively develop
estimates of funds that will be available to support
plan implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of
users of public transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long Range
Plan'' and inserting ``Long-Range Transportation Plan'';
(7) in the headings for paragraphs (2) and (5) by striking
``long range plan'' and inserting ``long-range transportation
plan''; and
(8) by striking ``long range plan'' each place it appears
and inserting ``long-range transportation plan''.
(h) Metropolitan Transportation Improvement Program.--Section 134(h)
of such title is amended <<NOTE: 23 USC 134.>> to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transit operator, the metropolitan
planning organization designated for a metropolitan area
shall develop a transportation improvement program for
the area for which the organization is designated.
``(B) Opportunity for comment.--In developing the
program, the metropolitan planning organization, in
cooperation with the State and any affected public
transit operator, shall provide citizens, affected
public agencies, representatives of transportation
agency employees, freight shippers, providers of freight
transportation services, private providers of
transportation, representatives of users of public
transit, and other interested parties with a reasonable
opportunity to comment on the proposed program.
``(C) Funding estimates.--For the purpose of
developing the transportation improvement program, the
metropolitan planning organization, public transit
agency, and State shall cooperatively develop estimates
of funds that are reasonably expected to be available to
support program implementation.
``(D) Updating and approval.--The program shall be
updated at least once every 2 years and shall be
approved by the metropolitan planning organization and
the Governor.
[[Page 112 STAT. 176]]
``(2) Contents.--The transportation improvement program
shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried out
within each 3-year period after the initial adoption of
the transportation improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation
improvement program can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the
approved transportation improvement program if
reasonable additional resources beyond those
identified in the financial plan were available.
``(3) Included projects.--
``(A) Projects under this chapter and chapter 53 of
title 49.--A transportation improvement program
developed under this subsection for a metropolitan area
shall include the projects and strategies within the
area that are proposed for funding under this chapter
and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item or identified individually in the
transportation improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection (g)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(4) Notice and comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall,
in cooperation with the State and any affected public transit
operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice of
and an opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
[[Page 112 STAT. 177]]
improvement program development required under paragraph
(1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried
out, from the approved transportation improvement
program--
``(i) by--
``(I) in the case of projects under
this chapter, the State; and
``(II) in the case of projects under
chapter 53 of title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the metropolitan
planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement
program in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation improvement
programs.--A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of projects.--
An annual listing of projects for which Federal funds
have been obligated in the preceding year shall be
published or otherwise made available by the
metropolitan planning organization for public review.
The listing shall be consistent with the categories
identified in the transportation improvement program.''.
(i) Transportation Management Areas.--
(1) <<NOTE: 23 USC 134.>> Required designations.--Section
134(i)(1) of such title is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary shall
designate as a transportation management area each
urbanized area with a population of over 200,000
individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.''.
(2) Selection of projects.--Section 134(i)(4) of such title
is amended to read as follows:
``(4) Selection of projects.--
[[Page 112 STAT. 178]]
``(A) In general.--All federally funded projects
carried out within the boundaries of a transportation
management area under this title (excluding projects
carried out on the National Highway System and projects
carried out under the bridge program or the Interstate
maintenance program) or under chapter 53 of title 49
shall be selected for implementation from the approved
transportation improvement program by the metropolitan
planning organization designated for the area in
consultation with the State and any affected public
transit operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a transportation
management area on the National Highway System and
projects carried out within such boundaries under the
bridge program or the Interstate maintenance program
shall be selected for implementation from the approved
transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.''.
(3) Certification.--Section 134(i)(5) of such
title <<NOTE: 23 USC 134.>> is amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process in each transportation management area is
being carried out in accordance with applicable
provisions of Federal law; and
``(ii) subject to subparagraph (B), certify,
not less often than once every 3 years, that the
requirements of this paragraph are met with
respect to the transportation management area.
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section and
other applicable requirements of Federal law; and
``(ii) there is a transportation improvement
program for the area that has been approved by the
metropolitan planning organization and the
Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a metropolitan
planning process is not certified, the Secretary
may withhold up to 20 percent of the apportioned
funds attributable to the transportation
management area under this title and chapter 53 of
title 49.
``(ii) Restoration of withheld funds.--The
withheld apportionments shall be restored to the
metropolitan area at such time as the metropolitan
planning organization is certified by the
Secretary.
``(iii) Feasibility of private enterprise
participation.--The Secretary shall not withhold
certification under this paragraph based on the
policies and criteria established by a
metropolitan planning organization or transit
grant recipient for determining the feasibility of
private enterprise participation in accordance
with section 5306(a) of title 49.
[[Page 112 STAT. 179]]
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--Section
134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range transportation
plan and transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to achieve the
purposes of this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).''.
(k) Additional Requirements for Certain Nonattainment Areas.--
Section 134(l) of such title is amended-- <<NOTE: 23 USC 134.>>
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to read as
follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section 104(f) of
this title to carry out sections 5303 through 5305 of title 49
shall be available to carry out this section.
``(2) Unused funds.--Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.''.
(m) Continuation of Current Review Practice.--Section 134 of such
title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''.
(n) Technical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
134 and inserting the following:
``134. Metropolitan planning.''.
[[Page 112 STAT. 180]]
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--Subject to section
134 of this title and sections 5303 through 5305 of title 49,
each State shall develop transportation plans and programs for
all areas of the State.
``(3) Contents.--The plans and programs for each State shall
provide for the development and integrated management and
operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the
State and an integral part of an intermodal transportation
system for the United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Coordination With Metropolitan Planning; State Implementation
Plan.--Section 135(b) of such title is amended by inserting after ``of
this title'' the following: ``and sections 5303 through 5305 of title
49''.
(c) Scope of Planning Process.--Section 135(c) of such title is
amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
transportation planning process that provides for consideration
of projects and strategies that will--
``(A) support the economic vitality of the United
States, the States, and metropolitan areas, especially
by enabling global competitiveness, productivity, and
efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
``(C) increase the accessibility and mobility
options available to people and for freight;
``(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes
throughout the State, for people and freight;
``(F) promote efficient system management and
operation; and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable by
any court under this title, subchapter II of chap- ter 5 of
title 5, or chapter 7 of title 5 in any matter affecting
[[Page 112 STAT. 181]]
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(d) <<NOTE: 23 USC 135.>> Additional Requirements.--Section 135(d)
of such title is amended to read as follows:
``(d) Additional Requirements.--In carrying out planning under this
section, each State shall, at a minimum, consider--
``(1) with respect to nonmetropolitan areas, the concerns of
local elected officials representing units of general purpose
local government;
``(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land within
the boundaries of the State; and
``(3) coordination of transportation plans, programs, and
planning activities with related planning activities being
carried out outside of metropolitan planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such title is
amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period, for
all areas of the State, that provides for the development and
implementation of the intermodal transportation system of the
State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the long-range
transportation plan shall be developed in cooperation
with the metropolitan planning organization designated
for the metropolitan area under section 134 of this
title and section 5303 of title 49.
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area, the long-range transportation plan
shall be developed in consultation with affected local
officials with responsibility for transportation.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the long-range transportation plan
shall be developed in consultation with the tribal
government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the long-range transportation plan, the State shall--
``(A) provide citizens, affected public agencies,
representatives of transportation agency employees,
freight shippers, private providers of transportation,
representatives of users of public transit, providers of
freight transportation services, and other interested
parties with a reasonable opportunity to comment on the
proposed plan; and
``(B) identify transportation strategies necessary
to efficiently serve the mobility needs of people.
``(4) Financial plan.--The long-range transportation plan
may include a financial plan that demonstrates how the adopted
long-range transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the
[[Page 112 STAT. 182]]
adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under paragraph (4).''.
(f) State Transportation Improvement Program.--Section 135(f) of
such title is amended <<NOTE: 23 USC 135.>> to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a
transportation improvement program for all areas of the
State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With respect to
each metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated for
the metropolitan area under section 134 of this
title and section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With respect to
each nonmetropolitan area in the State,
the program shall be developed in
consultation with affected local
officials with responsibility for
transportation.
``(II) Review.--Not later than 1
year after the date of enactment of this
subclause, the State shall submit to the
Secretary the details of the
consultative planning process developed
by the State for nonmetropolitan areas
under subclause (I). The Secretary shall
not review or approve such process.
``(iii) Indian tribal areas.--With respect to
each area of the State under the jurisdiction of
an Indian tribal government, the program shall be
developed in consultation with the tribal
government and the Secretary of the Interior.
``(C) Participation by interested parties.--In
developing the program, the Governor shall provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transit, and other interested parties
with a reasonable opportunity to comment on the proposed
program.
``(2) Included projects.--
``(A) In general.--A transportation improvement
program developed under this subsection for a State
shall include federally supported surface transportation
expenditures within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item
[[Page 112 STAT. 183]]
or identified individually in the transportation
improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be--
``(i) consistent with the long-range
transportation plan developed under this section
for the State;
``(ii) identical to the project as described
in an approved metropolitan transportation
improvement program; and
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as nonattainment for ozone or carbon
monoxide under such Act.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(E) Financial plan.--The transportation
improvement program may include a financial plan that
demonstrates how the approved transportation improvement
program can be implemented, indicates resources from
public and private sources that are reasonably expected
to be made available to carry out the plan, and
recommends any additional financing strategies for
needed projects and programs. The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(F) Selection of projects from illustrative
list.--
``(i) No required selection.--Notwithstanding
subparagraph (E), a State shall not be required to
select any project from the illustrative list of
additional projects included in the financial plan
under subparagraph (E).
``(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (E) for
inclusion in an approved transportation
improvement program.
``(G) Priorities.--The program shall reflect the
priorities for programming and expenditures of funds,
including transportation enhancement activities,
required by this title.
``(3) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas
with populations of less than 50,000 individuals
(excluding projects carried out on the National Highway
System and projects carried out under the bridge program
or the Interstate maintenance program) shall be
selected, from the approved statewide transportation
improvement program, by the State in cooperation with
the affected local officials.
[[Page 112 STAT. 184]]
``(B) National highway system projects.--Projects
carried out in areas described in subparagraph (A) on
the National Highway System and projects carried out in
such areas under the bridge program or the Interstate
maintenance program shall be selected, from the approved
statewide transportation improvement program, by the
State in consultation with the affected local officials.
``(4) Biennial review and approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which the program was developed is consistent with this section,
section 134, and sections 5303 through 5305 of title 49,
approved not less frequently than biennially by the Secretary.
``(5) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not be
required to advance a project included in the approved statewide
transportation improvement program in place of another project
in the program.''.
(g) Funding.--Section 134(g) of <<NOTE: 23 USC 135.>> such title is
amended by striking ``section 307(c)(1)'' and inserting ``section
505(a)''.
(h) Continuation of Current Review Practice.--Section 135 of such
title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''.
(i) Participation of Local Elected Officials.-- <<NOTE: 23 USC 135
note.>>
(1) Study.--The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials in
transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between each State, local officials in rural areas in the State,
and regional planning and development organizations in the
State.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study with any
recommendations the Secretary determines appropriate as a result
of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23, United
States Code, is amended in clauses (i) and (ii) of subparagraph (B) by
striking ``, except to'' each place it appears and all that follows
through the period at the end and inserting a period.
(b) Selection Process.--Section 112 of title 23, United States Code,
is amended by adding at the end the following:
``(g) Selection Process.--A State may procure, under a single
contract, the services of a consultant to prepare any environmental
impact assessments or analyses required for a project, including
[[Page 112 STAT. 185]]
environmental impact statements, as well as subsequent engineering and
design work on the project if the State conducts a review that assesses
the objectivity of the environmental assessment, environmental analysis,
or environmental impact statement prior to its submission to the
Secretary.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting after
subsection (a) the following:
``(b) Access of Motorcycles.--No State or political subdivision of a
State may enact or enforce a law that applies only to motorcycles and
the principal purpose of which is to restrict the access of motorcycles
to any highway or portion of a highway for which Federal-aid highway
funds have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Ferry Operating and Leasing Amendments.--Section 129(c)(3) of
title 23, United States Code, is amended by striking ``owned.'' and
inserting ``owned or operated or majority publicly owned if the
Secretary determines with respect to a majority publicly owned ferry or
ferry terminal facility that such ferry boat or ferry terminal facility
provides substantial public benefits.''.
(b) Reauthorization.--Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat.
2005) is amended--
(1) in the second sentence of subsection (c) by striking
``Such sums'' and inserting ``Sums made available to carry out
this section'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made available
to carry out this section for each of fiscal years 1999 through
2003 shall be obligated for the construction or refurbishment of
ferry boats and ferry terminal facilities and approaches to such
facilities within marine highway systems that are part of the
National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available
to the State of Alaska.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of New Jersey.
``(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of Washington.''.
(c) Study.-- <<NOTE: 23 USC 129 note.>>
(1) In general.--The Secretary shall conduct a study of
ferry transportation in the United States and its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes served; and
[[Page 112 STAT. 186]]
(ii) the source and amount, if any, of funds
derived from Federal, State, or local government
sources supporting ferry construction or
operations;
(B) to identify potential domestic ferry routes in
the United States and its possessions and to develop
information on those routes; and
(C) to identify the potential for use of high-speed
ferry services and alternative-fueled ferry services.
(2) Report.--The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section 140(a) of
title 23, United States Code, is amended by inserting after the third
sentence the following: ``In implementing such programs, a State may
reserve training positions for persons who receive welfare assistance
from such State; except that the implementation of any such program
shall not cause current employees to be displaced or current positions
to be supplanted or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program registered
with the Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title without
regard to the length of time of their participation in such program.''.
(b) Highway Training.--Section 140(b) of such title is amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the following:
``, and to develop and fund summer transportation
institutes''; and
(2) in the second sentence by striking ``104(b)'' and
inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is amended by
striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is amended--
(1) by striking ``A State'' and inserting the following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a
State may permit a vehicle with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title. Such
permission may be revoked by the State should the State
determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
[[Page 112 STAT. 187]]
SEC. <<NOTE: 23 USC 135 note.>> 1210. ADVANCED TRAVEL FORECASTING
PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an advanced travel
forecasting procedures program--
(1) to provide for completion of the advanced transportation
model developed under the Transportation Analysis Simulation
System (referred to in this section as ``TRANSIMS''); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics package
developed under TRANSIMS and the program established under this
section to States, local governments, and metropolitan planning
organizations with responsibility for travel modeling.
(b) Eligible Activities.--The Secretary shall use funds made
available under this section to--
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling; and
(4) allocate funds to not more than 12 entities described in
paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel
forecasting procedures in use by the areas as of the date of
enactment of this Act to the use of the advanced transportation
model.
(c) Funding.--
(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for fiscal year
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal
year 2000, $5,000,000 for fiscal year 2001, $4,000,000 for
fiscal year 2002, and $2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each of fiscal
years 1998 and 1999, 100 percent of the funds made
available under paragraph (1) shall be allocated to
activities as described in paragraphs (1), (2), and (3)
of subsection (b).
(B) Fiscal years 2000 through 2003.--For each of
fiscal years 2000 through 2003, not more than 50 percent
of the funds made available under paragraph (1) may be
allocated to activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of--
(A) any activity described in paragraph (1), (2), or
(3) of subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4)
shall not exceed 80 percent.
[[Page 112 STAT. 188]]
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface Transportation
Efficiency Act of 1991 (109 Stat. 593 et seq.) <<NOTE: 105 Stat.
2008.>> is amended by adding at the end the following:
``(3) Pennsylvania station redevelopment corporation board
of directors.--In furtherance of the redevelopment of the James
A. Farley Post Office in New York, New York, into an intermodal
transportation facility and commercial center, the Secretary,
the Administrator of the Federal Railroad Administration, or
their designees are authorized to serve as ex officio members of
the Board of Directors of the Pennsylvania Station Redevelopment
Corporation.''.
(b) Union Station Redevelopment Corporation Board of Directors.--
Subtitle B of title I of the National Visitor Center Facilities Act of
1968 (40 U.S.C. 811 et seq.) is amended by adding at the end the
following:
``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION. <<NOTE: 40 USC
819a.>>
``To further the rehabilitation, redevelopment and operation of the
Union Station complex, the Secretary of Transportation, the
Administrator of the Federal Railroad Administration, or their designees
are authorized to serve as ex officio members of the Board of Directors
of the Union Station Redevelopment Corporation.''.
(c) Safety Belt Use Law Requirements.--Section 355 of the National
Highway System Designation Act of 1995 (109 Stat. 624) is amended--
(1) in the section heading by striking ``and maine'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire and Maine
shall each'' and inserting ``State of New Hampshire
shall''; and
(B) in paragraph (1) by striking ``and 1996'' and
inserting ``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(d) Metric Conversion at State Option.--Section 205(c)(2) of the
National Highway System Designation Act of 1995 (23 U.S.C. 109 note; 109
Stat. 577) is amended by striking ``Before September 30, 2000, the'' and
inserting ``The''.
(e) Right-of-Way Revolving Fund.--
(1) Termination.--Section 108 of title 23, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(2) Transition provision.-- <<NOTE: 23 USC 108 note.>>
(A) In general.--Funds advanced to a State by the
Secretary from the right-of-way revolving fund
established by section 108(c) of title 23, United States
Code, prior to the date of enactment of this Act shall
remain available to the State for use on the projects
for which the funds were advanced for a period of 20
years from the date on which the funds were advanced.
(B) Credit to highway trust fund.--With respect to a
project for which funds have been advanced from the
right-of-way revolving fund, upon the termination of the
20-year period referred to in subparagraph (A), when
[[Page 112 STAT. 189]]
actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the project on
the right-of-way, whichever occurs first--
(i) the Highway Trust Fund (other than the
Mass Transit Account) shall be credited with an
amount equal to the Federal share of the funds
advanced, as provided in section 120 of title 23,
United States Code, out of any Federal-aid highway
funds apportioned to the State in which the
project is located and available for obligation
for projects of the type funded; and
(ii) the State shall reimburse the Secretary
in an amount equal to the non-Federal share of the
funds advanced for deposit in, and credit to, the
Highway Trust Fund (other than the Mass Transit
Account).
(g) Pilot Toll Collection Program.--Section 129 of title 23, United
States Code, is amended by striking subsection (d).
(h) Congressional Bridge Commissions.--Public Law 87-441 (76 Stat.
59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) is
amended--
(A) by striking paragraph (5)(B)(iii)(I)(ff) and
inserting the following:
``(ff) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina, including a
connection to Andrews following the
route 41 corridor and to Camden
following the U.S. Route 521 corridor;
and'';
(B) by striking paragraph (5)(B)(iii)(II)(hh) and
inserting the following:
``(hh) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina.'';
(C) in paragraph (9) by inserting after ``New York''
the following: ``, including United States Route 322
between United States Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor from
Indianapolis,'' and inserting the following:
``(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69 through
Indianapolis,''; and
(ii) by striking ``and to include'' and
inserting the following: ``as follows:
``(A) In Michigan, the corridor shall be from
Sarnia, Ontario, Canada, southwesterly along Interstate
Route 94 to the Ambassador Bridge interchange in
Detroit, Michigan.
``(B) In Michigan and Illinois, the corridor shall
be from Windsor, Ontario, Canada, through Detroit,
Michigan, westerly along Interstate Route 94 to Chicago,
Illinois.
``(C) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
[[Page 112 STAT. 190]]
``(i) follow the alignment generally
identified in the Corridor 18 Special Issues Study
Final Report; and
``(ii) include a connection between the
Corridor in the vicinity of Monticello, Arkansas,
to Pine Bluff, Arkansas.
``(D) In the Lower Rio Grande Valley, the Corridor
shall--
``(i) include United States Route 77 from the
Rio Grande River to Interstate Route 37 at Corpus
Christi, Texas, and then to Victoria, Texas, via
U.S. Route 77;
``(ii) include United States Route 281 from
the Rio Grande River to Interstate Route 37 and
then to Victoria, Texas, via United States Route
59; and
``(iii) include'';
(E) in paragraph (21) by striking ``United States
Route 17 in the vicinity of Salamanca, New York'' and
inserting ``Interstate Route 80'';
(F) by inserting ``, including I-29 between Kansas
City and the Canadian border'' before the period at the
end of paragraph (23); and
(G) by inserting after paragraph (29) the following:
``(30) Interstate Route 5 in the States of California,
Oregon, and Washington, including California State Route 905
between Interstate Route 5 and the Otay Mesa Port of Entry.
``(31) The Mon-Fayette Expressway and Southern Beltway in
Pennsylvania and West Virginia.
``(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the Upper
Mississippi River Basin near Eau Claire, Wisconsin, as follows:
``(A) United States Route 151 from the Iowa border
to Fond du Lac via Madison, Wisconsin, then United
States Route 41 from Fond du Lac to Marinette via
Oshkosh, Appleton, and Green Bay, Wisconsin.
``(B) State Route 29 from Green Bay to I-94 via
Wausau, Chippewa Falls, and Eau Claire, Wisconsin.
``(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
``(33) The Capital Gateway Corridor following United States
Route 50 from the proposed intermodal transportation center
connected to I-395 in Washington, D.C., to the intersection of
United States Route 50 with Kenilworth Avenue and the Baltimore-
Washington Parkway in Maryland.
``(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described as
52.8 miles from east Los Angeles (terminus of Alameda Corridor)
through the San Gabriel Valley terminating at Colton Junction in
San Bernardino. The Southwest Passage shall follow I-10 from San
Bernardino to the Arizona State line and I-8 from San Diego to
the Arizona State line.
``(35) Everett-Tacoma FAST Corridor.
``(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I-90 in Pennsylva-
nia.
[[Page 112 STAT. 191]]
``(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the Mexican Border
via I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree, Arkansas, to
I-55.
``(40) The Greensboro Corridor from Danville, Virginia, to
Greensboro, North Carolina, along United States Route 29.
``(41) The Falls-to-Falls Corridor--United States Route 53
from International Falls on the Minnesota/Canada border to
Chippewa Falls, Wisconsin.
``(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55 near
Batesville, Mississippi, to the intersection with Corridor X of
the Appalachian development highway system near Fulton,
Mississippi, and the portion of Corridor X of the Appalachian
development highway system from near Fulton, Mississippi, to the
intersection with Interstate Route 65 near Birmingham, Alabama.
``(43) The United States Route 95 Corridor from the Canadian
border at Eastport, Idaho, to the Oregon State border.''.
(2) Provisions applicable to corridors.--Section
1105(e)(5)(A) of such Act is amended-- <<NOTE: 105 Stat.
2031.>>
(A) by inserting after ``referred to'' the first
place it appears the following: ``in subsection
(c)(1),'';
(B) by striking ``and'' the second place it appears;
and
(C) by inserting after ``(c)(20)'' the following:
``, in subsection (c)(36), in subsection (c)(37), in
subsection (c)(40), and in subsection (c)(42)''.
(3) Routes.--Section 1105(e)(5) of such Act is further
amended--
(A) in subparagraph (A) by inserting ``(except with
respect to Georgetown County)'' before ``(iii)'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Routes.--
``(i) Designation.--The routes referred to in
subsections (c)(18) and (c)(20) shall be
designated as Interstate Route I-69. A State
having jurisdiction over any segment of routes
referred to in subsections (c)(18) and (c)(20)
shall erect signs identifying such segment that is
consistent with the criteria set forth in
subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route I-69, including segments of
United States Route 59 in the State of Texas. The
segment identified in subsection (c)(18)(B)(i)
shall be designated as Interstate Route I-69 East,
and the segment identified in subsection
(c)(18)(B)(ii) shall be designated as Interstate
Route I-69 Central. The State of Texas shall erect
signs identifying such routes as segments of
future Interstate Route I-69.
``(ii) Rulemaking to determine future
interstate sign erection criteria.--The Secretary
shall conduct a rulemaking to determine the
appropriate criteria for the erection of signs for
future routes on the Interstate System identified
in subparagraph (A).
[[Page 112 STAT. 192]]
Such rulemaking shall be undertaken in
consultation with States and local officials and
shall be completed not later than December 31,
1998.'';
(D) by striking the last sentence of subparagraph
(A) and inserting it as the first sentence of
subparagraph (B)(i) (as inserted by subparagraph (C) of
this paragraph); and
(E) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph), by striking ``(C)''
and inserting ``(D)''.
(j) Winter Home Heating Oil Delivery.--Section 346 of the National
Highway System Designation Act of 1995 (109 Stat. 615-616) <<NOTE: 49
USC 31136 note.>> is amended--
(1) in subsection (a) by striking ``season in the 6-month
period beginning on November 1, 1996'' and inserting ``seasons
in the 18-month period beginning on November 1, 1998''; and
(2) by adding at the end the following:
``(g) <<NOTE: Reports.>> Study.--Not later than 1 year after the
completion of the pilot program, the Secretary shall submit to Congress
a report on the results of the program, including an assessment of any
impact on public safety.''.
(k) Future Corridor Segment.--
(1) Study.--The Secretary shall conduct a study to determine
the feasibility of providing an Interstate quality road for a
route that runs in south/west direction generally along United
States Route 61 and crosses the Mississippi River in the
vicinity of Memphis, Tennessee, to Highway 79 and generally
follows Highway 79 to Pine Bluff, Arkansas.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for fiscal year 1999 to carry out the study.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that such
funds shall remain available until expended.
(l) Baton Rouge, Louisiana.--
(1) Reduction in scope of project.--Section 149(a) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 181-198) is amended in paragraph (47)(B)--
(A) by inserting ``and'' after the semicolon at the
end of clause (i);
(B) by striking ``; and'' at the end of clause (ii)
and inserting a period; and
(C) by striking clause (iii).
(2) Applicability of obligation limitation.--Notwithstanding
any other provision of law, the project described in section
149(a)(47)(B) of such Act shall be subject to any limitation on
obligations for Federal-aid highway and highway safety
construction programs.
(m) Amendments to Surface Transportation Assistance Act of 1982.--
Section 146 of the Surface Transportation Assistance Act of 1982 (96
Stat. 2130), relating to lane restrictions, is repealed.
(n) Substitute Project.--Section 1045 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in
subsection (a)--
[[Page 112 STAT. 193]]
(1) by striking ``(a) Approval of Project.--
Notwithstanding'' and inserting the following:
``(a) Approval of Project.--
``(1) Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State of
Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph (1)
and subsection (c) of this section.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking the second
sentence; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Compliance.--Compliance with subsection (a) shall
have no effect on the eligibility of costs.''.
(2) Change in term defined.--
(A) In general.--Title 23, United States Code, is
amended--
(i) <<NOTE: 23 USC 102 et seq.>> by striking
``State highway department'' each place it appears
and inserting ``State transportation department'';
and
(ii) <<NOTE: 23 USC 104 et seq.>> by striking
``State highway departments'' each place it
appears and inserting ``State transportation
departments''.
(B) Conforming amendments.--
(i) The analysis for chapter 3 of title 23,
United States Code, is amended in the item
relating to section 302 by striking ``highway''
and inserting ``transportation''.
(ii) Section 302 of title 23, United States
Code, is amended in the section heading by
striking ``highway'' and inserting
``transportation''.
(iii) Section 201(b) of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.)
is amended in the second sentence by striking
``State highway department'' and inserting ``State
transportation department''.
(iv) Section 138(c) of the Surface
Transportation Assistance Act of 1978 (40 U.S.C.
App. (note to section 201 of the Appalachian
Regional Development Act of 1965); 92 Stat. 2710)
is amended in the first sentence--
(I) by striking ``Federal-aid
primary system'' and inserting
``National Highway System''; and
(II) by striking ``State highway
department'' and inserting ``State
transportation department''.
(b) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to fund the
production, in cooperation with a not-for-profit national public
television station and the National Academy of Engineering, of a
documentary about infrastructure that shall demonstrate
[[Page 112 STAT. 194]]
how public works and infrastructure projects stimulate job
growth and the economy and contribute to the general welfare of
the Nation.
(2) Federal share.--
(A) In general.--The Federal share of the cost of
production of the documentary shall be 60 percent. The
non-Federal share shall be provided from private sources
and shall include amounts expended by such sources for
the production before the date of enactment of this Act.
(B) Calculation.--The calculation of the Federal and
non-Federal shares under this paragraph shall be made
over the term for which sums are authorized to be
appropriated under paragraph (3).
(3) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $888,000 for fiscal year 1998, and
$1,000,000 for each of fiscal years 1999 and 2000. Such funds
shall remain available until expended.
(4) Applicability of title 23.--Funds authorized by this
paragraph shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project under this subsection and the availability of funds
authorized by this subsection shall be determined in accordance
with this subsection.
(c) Mass Transportation Buses.--Section 1023(h)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note) is
amended by striking ``the date on which'' and all that follows through
``1995'' and inserting ``October 1, 2003''.
(d) Vehicle Weight Limitations.
(1) In general.--Section 127(a) of title 23, United States
Code, is amended--
(A) by inserting before the next to the
last <<NOTE: Colorado.>> sentence the following: ``With
respect to the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall be
considered a nondivisible load.''; and
(B) by adding at the end the <<NOTE: Louisiana.>>
following: ``The State of Louisiana may allow, by
special permit, the operation of vehicles with a gross
vehicle weight of up to 100,000 pounds for the hauling
of sugarcane during the harvest season, not to exceed
100 days annually. With <<NOTE: New Hampshire.>> respect
to Interstate Route 95 in the State of New Hampshire,
State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1,
1987, and are applicable to State highways other than
the Interstate System, shall be applicable in lieu of
the requirements of this subsection. With respect to
that portion of the <<NOTE: Maine.>> Maine Turnpike
designated Interstate Route 95 and 495, and that portion
of Interstate Route 95 from the southern terminus of the
Maine Turnpike to the New Hampshire State line, laws
(including regulations) of the State of Maine concerning
vehicle weight limitations that were in effect on
October 1, 1995, and are applicable to State highways
other than the Interstate System, shall be applicable in
lieu of the requirements of this subsection.''.
(2) Studies.--
(A) Colorado.--
[[Page 112 STAT. 195]]
(i) In general.--In consultation with the
Secretary, the State of Colorado shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(A),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation with the
Secretary, the State of Louisiana shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(C) Maine.--
(i) In general.--In consultation with the
Secretary, the State of Maine shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation with the
Secretary, the State of New Hampshire shall
conduct a study analyzing the economic, safety,
and infrastructure impacts of the exemption
provided by the amendment made by paragraph
(1)(B), including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(E) Applicability of title 23, united states code.--
Funds authorized by this paragraph shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code; except that such funds shall remain available
until expended.
(k) Driver Training and Safety Center.--
[[Page 112 STAT. 196]]
(1) <<NOTE: Pennsylvania.>> In general.--The Secretary
shall make grants to establish a driver training and safety
center at Connellsville, Pennsylvania.
(2) Purpose.--The purpose of the facility shall be to train
and enhance the driving skills of motor vehicle and emergency
vehicle operators.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $2,500,000 for
each of fiscal years 1999 through 2001.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the funds shall remain available
until expended.
(l) Ohio River Welcome Center.--
(1) <<NOTE: West Virginia.>> In general.--The Secretary
shall make grants to establish a welcome center in Point
Pleasant, West Virginia.
(2) Access.--The center shall be accessible by motor
vehicle, bicycle, pedestrian walkway, and river transportation.
(3) Facilities.--The center shall include a comfort station,
picnic and sitting plaza, a small amphitheater, a deep river
port, a marina, and a walking trail.
(4) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $412,900 for
fiscal year 1999, $1,362,500 for fiscal year 2000, and $699,500
for fiscal year 2001.
(5) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost of
activities carried out using the funds shall be 50 percent and
the funds shall remain available until expended.
(m) Project Flexibility for Minnesota.--Notwithstanding any other
provision of law, funds allocated for a project in the State of
Minnesota under section 117 of title 23, United States Code, may be
obligated for any other project in the State for which funds are so
allocated; except that the total amount of funds authorized for any
project for which funds are so allocated shall not be reduced.
(n) Baltimore Washington Parkway.--Notwithstanding any other
provision of law, the Federal share of the cost of a project for which
funds are allocated under section 117 of title 23, United States Code,
for renovation and construction of the Baltimore Washington Parkway in
Prince Georges County, Maryland, shall be 100 percent.
(o) Bicycle and Pedestrian Safety Grants.-- <<NOTE: 23 USC 402
note.>>
(1) In general.--The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety--
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational programs;
and
(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
[[Page 112 STAT. 197]]
(D) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for each of fiscal years 1998
through 2003.
(E) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota. The
purpose of the facility shall be to develop an appropriate
curriculum for training, and to train operators and future
operators of heavy equipment in the safe use of such equipment.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $500,000 for each of fiscal years 1998 and
1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of establishment of the facility under this
subsection shall be 80 percent and such funds shall remain
available until expended.
(q) Motor Carrier Operator Vehicle and Training Facility.--
(1) <<NOTE: Pennsylvania.>> Establishment.--The Secretary
shall make grants to the Commonwealth of Pennsylvania to
establish and operate an advanced tractor trailer safety and
operator training facility in Chambersburg, Pennsylvania. The
purpose of the facility shall be to develop and coordinate an
advance curriculum for the training of operators and future
operators of tractor trailers. The facility shall conduct
training on the test track at Letterkenny Army Depot and the
unused segment of the Pennsylvania Turnpike located in Bedford
County, Pennsylvania. The facility shall be operated by a not-
for-profit entity and, when Federal assistance is no longer
being provided with respect to the facility, shall be privately
operated.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $500,000 for each of fiscal years 1998
through 2003 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code, except that such funds shall
remain available until expended and the Federal share of the
cost of establishment and operation of the facility under this
subsection shall be 80 percent.
(r) High Priority Las Vegas Intermodal Center.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 and $2,500,000 for fiscal year 2000 for the
High Priority Las Vegas Intermodal Center in Las Vegas, Nevada.
[[Page 112 STAT. 198]]
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(s) Seismic Design.--
(1) In general.--The Secretary shall provide--
(A) $8,000,000 for fiscal year 1999 for seismic
design and engineering of the Mississippi/Arkansas Great
River Bridge;
(B) $8,000,000 for fiscal year 1999 to the State of
Missouri for seismic design and deployment; and
(C) $7,000,000 for fiscal year 1999 to the State of
Arkansas for seismic design and deployment.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(t) Biloxi Harbor, Mississippi.--The portion of the project for
navigation, Biloxi Harbor, Mississippi, authorized by the River and
Harbor Act of 1960 (74 Stat. 481), for the Bernard Bayou Channel
beginning near the Air Force Oil Terminal at approximately navigation
mile 2.6 and extending downstream to the North-South \1/2\ of Section
30, Township 7 South, Range 10 West, Harrison County, Mississippi, just
west of Kremer Boat Yards, is not authorized after the date of enactment
of this Act.
(u) Clarification.--Notwithstanding any other provision of law, the
Commonwealth of Pennsylvania is authorized to proceed with engineering,
final design, and construction of Corridor O of the Appalachian
development highway system between Bald Eagle and Interstate Route 80.
All records of decision relating to Corridor O issued prior to the date
of enactment of this Act shall remain in effect.
(v) Boundary Waters Canoe <<NOTE: Effective date.>> Area.--
Effective January 1, 1999, section 4 of the Act of October 21, 1978
(Public Law 95-495) is amended-- <<NOTE: 92 Stat. 1650.>>
(1) by striking subsection (g) and inserting the following:
``(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles to transport boats across the portages
between the Moose Lake Chain and Basswood Lake, Minnesota, and between
Vermilion Lake and Trout Lake, Minnesota.''; and
(2) in subsection (c)(2) by striking ``; Alder, Cook County;
Canoe, Cook County''.
(w) Miscellaneous Projects.--
(1) Replacement of roslyn viaduct.--
(A) Project.--The Secretary is authorized to carry
out a project for replacement of a segment of the Roslyn
elevated highway (NY25A) on Long Island, New York.
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $51,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(2) Design and engineering for miller highway.--
(A) Project.--The Secretary is authorized to carry
out a project for design and engineering of the Miller
Highway on the west side of Manhattan, New York.
[[Page 112 STAT. 199]]
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $15,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(3) Williamsville toll barrier.--
(A) Project.--The Secretary is authorized to carry
out a project to relocate a toll barrier complex to
relieve traffic congestion in the Buffalo, New York,
area.
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $20,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(x) St. Georges, Delaware.--The Secretary of the Army shall transfer
all right, title, and interest of the United States in the highway
bridge on United States Route 13 in the vicinity of St. Georges,
Delaware, to the State of Delaware if the transfer is necessary to
facilitate retransfer to a private entity for the purpose of
demonstrating the effectiveness and efficiency of the use of large-scale
composites technology for bridge rehabilitation. In evaluating the level
of service for all Federal crossings over the Chesapeake and Delaware
Canal in Delaware, the total vehicle trips per day on this transferred
bridge shall be attributed to the remaining Federal crossing at St.
Georges, Delaware (the SR1 Bridge). If the transfer is completed within
180 days after the date of enactment of this Act, the Secretary shall
provide $10,000,000 to the State for the State to use in rehabilitating
the bridge.
(y) Mount Paran Interchange Project for Interstate Route 75.--
Notwithstanding any other provision of law, none of the funds made
available under this Act or title 23, United States Code, shall be used
to carry out a project to construct or improve the Mount Paran
interchange on Interstate Route 75 in Georgia unless the Atlanta
Regional Commission approves the project after the date of enactment of
this Act.
(z) <<NOTE: Pennsylvania.>> Nittany Parkway.--The Secretary shall
designate 31 miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) <<NOTE: 23 USC 101 note.>> Highway Economic Requirement
System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of the
United States shall conduct an evaluation of the
methodology used by the Department of Transportation to
determine highway needs using the highway economic
requirement system (in this subsection referred to as
the ``model'').
(B) Required element.--The evaluation shall include
an assessment of the extent to which the model estimates
an optimal level of highway infrastructure investment,
including an assessment as to when the model may be
overestimating or underestimating investment
requirements.
(C) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results
of the evaluation.
(2) State investment plans.--
[[Page 112 STAT. 200]]
(A) Study.--In consultation with State
transportation departments and other appropriate State
and local officials, the Comptroller General of the
United States shall conduct a study on the extent to
which the model can be used to provide States with
useful information for developing State transportation
investment plans and State infrastructure investment
projections.
(B) Required elements.--The study shall--
(i) identify any additional data that may need
to be collected beyond the data submitted, before
the date of enactment of this Act, to the Federal
Highway Administration through the highway
performance monitoring system; and
(ii) identify what additional work, if any,
would be required of the Federal Highway
Administration and the States to make the model
useful at the State level.
(C) Report to congress.--Not later than 3 years
after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results
of the study.
(b) International Roughness Index.-- <<NOTE: 23 USC 109 note.>>
(1) Study.--The Comptroller General of the United States
shall conduct a study on the international roughness index that
is used as an indicator of pavement quality on the Federal-aid
highway system.
(2) Required elements.--The study shall specify the extent
of usage of the index and the extent to which the international
roughness index measurement is reliable across different
manufacturers and types of pavement.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
(c) <<NOTE: 23 USC 401 note.>> Use of Uniformed Police Officers on
Federal-Aid Highway Construction Projects.--
(1) Study.--In consultation with the States, State
transportation departments, and law enforcement organizations,
the Secretary shall conduct a study on the extent and
effectiveness of use by States of uniformed police officers on
Federal-aid highway construction projects.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study, including any legislative
and administrative recommendations of the Secretary.
(d) <<NOTE: 23 USC 101 note.>> Southwest Border Transportation
Infrastructure.--
(1) Assessment.--The Secretary shall conduct a comprehensive
assessment of the state of the transportation infrastructure on
the southwest border between the United States and Mexico (in
this subsection referred to as the ``border'').
(2) Consultation.--In carrying out the assessment, the
Secretary shall consult with--
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
[[Page 112 STAT. 201]]
(F) the American Commissioner on the International
Boundary Commission, United States and Mexico;
(G) State agencies responsible for transportation
and law enforcement in border States; and
(H) municipal governments and transportation
authorities in sister cities in the border area.
(3) Requirements.--In carrying out the assessment, the
Secretary shall--
(A) assess the flow of commercial and private
traffic through designated ports of entry on the border;
(B) assess the adequacy of transportation
infrastructure in the border area, including highways,
bridges, railway lines, and border inspection
facilities;
(C) assess the adequacy of law enforcement and
narcotics abatement activities in the border area, as
the activities relate to commercial and private traffic
and infrastructure;
(D) assess future demands on transportation
infrastructure in the border area; and
(E) make recommendations to facilitate legitimate
cross-border traffic in the border area, while
maintaining the integrity of the border.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the assessment conducted under this subsection,
including any related legislative and administrative
recommendations.
(e) <<NOTE: 23 USC 123 note.>> Study of Procurement Practices and
Project Delivery.--
(1) Study.--The Comptroller General shall conduct a study to
assess the impact that a utility company's failure to relocate
its facilities in a timely manner has on the delivery and cost
of Federal-aid highway and bridge projects. The study shall also
assess the following:
(A) Methods States use to mitigate such delays,
including the use of the courts to compel cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations on
Federal-aid transportation project sites and,
conversely, penalties assessed on utility companies for
utility relocation delays on such projects.
(C) The extent to which States have used available
technologies, such as subsurface utility engineering,
early in the design of Federal-aid highway and bridge
projects so as to eliminate or reduce the need for or
delays due to utility relocations.
(D) Whether individual States compensate
transportation contractors for business costs incurred
by the contractors when Federal-aid highway and bridge
projects under contract to them are delayed by utility-
company-caused delays in utility relocations and any
methods used by States in making any such compensation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit to
Congress a report on the results of the study with any
recommendations the Comptroller General determines appropriate
as a result of the study.
(f) Specialized Hauling Vehicles.-- <<NOTE: 23 USC 127 note.>>
[[Page 112 STAT. 202]]
(1) Study.--The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized hauling
vehicles. The study shall include, at a minimum, an analysis of
the economic, safety, and infrastructure impacts of the
standards.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(g) <<NOTE: 23 USC 131 note.>> Study of State Practices on Specific
Service Signing.--
(1) Study.--The Secretary shall conduct a study to determine
the practices in the States for specific service food signs
described in sections 2G-5.7 and 2G-5.8 of the Manual on Uniform
Traffic Control Devices for Streets and Highways. The study
shall examine, at a minimum--
(A) the practices of all States for determining
businesses eligible for inclusion on such signs;
(B) whether States allow businesses to be removed
from such signs and the circumstances for such removal;
(C) the practices of all States for erecting and
maintaining such signs, including the time required for
erecting such signs; and
(D) whether States contract out the erection and
maintenance of such signs.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, including any
recommendations and, if appropriate, modifications to the
Manual.
(h) <<NOTE: 23 USC 127 note.>> Vehicle Weight Enforcement.--
(1) Study.--The Secretary shall conduct a study of State
laws (including regulations) relating to penalties for violation
of State commercial motor vehicle weight laws.
(2) Purpose.--The purpose of the study shall be to determine
the effectiveness of State penalties as a deterrent to illegally
overweight trucking operations. The study shall evaluate fine
structures, innovative roadside enforcement techniques, and a
State's ability to penalize shippers and carriers as well as
drivers and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle weight laws.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any legislative
recommendations of the Secretary.
(i) <<NOTE: 23 USC 127 note.>> Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the
Transportation Research Board of the National Academy of
Sciences to conduct a study regarding the regulation of weights,
lengths, and widths of commercial motor vehicles operating on
Federal-aid highways to which Federal regulations apply on the
date of enactment of this Act. In conducting the study, the
Board shall review law, regulations, studies (including
Transportation Research Board Special Report 225), and practices
and develop recommendations regarding any revisions to law and
regulations that the Board determines appropriate.
(2) Factors to consider and evaluate.--In developing
recommendations under paragraph (1), the Board shall consider
and evaluate the impact of the recommendations described
[[Page 112 STAT. 203]]
in paragraph (1) on the economy, the environment, safety, and
service to communities.
(3) Consultation.--In carrying out the study, the Board
shall consult with the Department of Transportation, States, the
motor carrier industry, freight shippers, highway safety groups,
air quality and natural resource management groups, commercial
motor vehicle driver representatives, and other appropriate
entities.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Board shall transmit to Congress and
the Secretary a report on the results of the study conducted
under this subsection.
(5) Recommendations.--Not later than 180 days after the date
of receipt of the report under paragraph (4), the Secretary may
transmit to Congress a report containing comments or
recommendations of the Secretary regarding the Board's report.
(6) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
$250,000 for each of fiscal years 1999 and 2000 to carry out
this subsection.
(7) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of the study under this subsection shall be 100
percent and such funds shall remain available until expended.
(j) Traffic Analysis.--
(1) <<NOTE: Contracts. Oklahoma.>> In general.--The
Secretary shall enter into an agreement with the State of
Oklahoma to carry out a traffic analysis to determine the
feasibility of a trade processing center in McClain County,
Oklahoma.
(2) Authorization.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,000,000 for fiscal year
1999.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(1) Study.--The Secretary shall conduct a study to assess
the feasibility of providing high speed rail passenger service
from Atlanta, Georgia, to Charleston, South Carolina. The study
shall also assess the potential impact of rail service on the
tourism industry.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and to the Committee on Environment and Public
Works of the Senate a report on the results of the study,
together with any recommendations the Secretary determines
appropriate as a result of the study.
[[Page 112 STAT. 204]]
SEC. 1214. FEDERAL ACTIVITIES.
(a) <<NOTE: District of Columbia. 20 USC 76j note.>> Access to John
F. Kennedy Center for the Performing Arts.--
(1) Study.--The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing Arts,
and the Department of the Interior and in consultation with
other interested persons, shall conduct a study of methods to
improve pedestrian and vehicular access to the John F. Kennedy
Center for the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
containing the results of the study with an assessment of the
impacts (including environmental, aesthetic, economic, and
historical impacts) associated with the implementation of each
of the methods examined under the study.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $500,000 for
fiscal year 1998.
(4) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of activities conducted using such
funds shall be 100 percent and such funds shall remain available
until expended.
(b) Smithsonian Institution Transportation Program.-- <<NOTE: 20 USC
50 note.>>
(1) In general.--The Secretary shall allocate amounts made
available by this subsection for obligation at the discretion of
the Secretary of the Smithsonian Institution, in consultation
with the Secretary, to carry out projects and activities
described in paragraph (2).
(2) Eligible uses.--Amounts allocated under paragraph (1)
may be obligated only--
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of the
Nation's collection of transportation-related artifacts;
(C) to acquire historically significant
transportation-related artifacts; and
(D) to support research programs within the
Smithsonian Institution that document the history and
evolution of transportation, in cooperation with other
museums in the United States.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $1,000,000 for each of fiscal years 1998
through 2003 to carry out this subsection.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project or activity under this subsection shall be 100
percent and such funds shall remain available until expended.
[[Page 112 STAT. 205]]
(c) <<NOTE: West Virginia. 16 USC 460m-29a note.>> New River
Visitor Center.--
(1) In general.--The Secretary shall allocate to the
Secretary of the Interior amounts made available by this
subsection for the planning, design, and construction of a
visitor center, and such other related facilities as may be
necessary, to facilitate visitor understanding and enjoyment of
the scenic, historic, cultural, and recreational resources of
the New River Gorge National River in the State of West
Virginia. The center and related facilities shall be located at
a site for which title is held by the United States in the
vicinity of the I-64 Sandstone intersection.
(2) Authorization of appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $1,300,000
for fiscal year 1998, $1,200,000 for fiscal year 1999, and
$9,900,000 for fiscal year 2000.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall remain
available until expended.
(d) <<NOTE: 23 USC 202 note.>> Additional Authorization of Contract
Authority for States With Indian Reservations.--
(1) Availability to states.--Not later than October 1 of
each fiscal year, funds made available under paragraph (5) for
the fiscal year shall be made available by the Secretary, in
equal amounts, to each State that has within the boundaries of
the State all or part of an Indian reservation having a land
area of 10,000,000 acres or more.
(2) Availability to eligible counties.--
(A) In general.--Each fiscal year, each county that
is located in a State to which funds are made available
under paragraph (1), and that has in the county a public
road described in subparagraph (B), shall be eligible to
apply to the State for all or a portion of the funds
made available to the State under this subsection to be
used by the county to maintain such roads.
(B) Roads.--A public road referred to in
subparagraph (A) is a public road that--
(i) is within, adjacent to, or provides access
to an Indian reservation described in paragraph
(1);
(ii) is used by a school bus to transport
children to or from a school or Headstart program
carried out under the Head Start Act (42 U.S.C.
9831 et seq.); and
(iii) is maintained by the county in which the
public road is located.
(C) Allocation among eligible counties.--
(i) In general.--Except as provided in clause
(ii), each State that receives funds under
paragraph (1) shall provide directly to each
county that applies for funds the amount that the
county requests in the application.
(ii) Allocation among eligible counties.--If
the total amount of funds applied for under this
subsection by eligible counties in a State exceeds
the amount of funds available to the State, the
State shall equitably
[[Page 112 STAT. 206]]
allocate the funds among the eligible counties
that apply for funds.
(3) Supplementary funding.--For each fiscal year, the
Secretary shall ensure that funding made available under this
subsection supplements (and does not supplant)--
(A) any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian
reservations; and
(B) any funding provided by a State to a county for
road maintenance programs in the county.
(4) Use of unallocated funds.--Any portion of the funds made
available to a State under this subsection that is not made
available to counties within 1 year after the funds are made
available to the State shall be apportioned among the States in
accordance with section 104(b) of title 23, United States Code.
(5) Funding.--
(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(B) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(e) National Defense Highways Outside the United States.--
(1) Reconstruction projects.--If the Secretary determines,
after consultation with the Secretary of Defense, that a
highway, or a portion of a highway, located outside the United
States is important to the national defense, the Secretary may
carry out a project for reconstruction of the highway or portion
of highway.
(2) Funding.--
(A) In general.--For each of fiscal years 1998
through 2002, the Secretary may set aside not to exceed
$18,800,000 from amounts to be apportioned under section
104(b)(4) of title 23, United States Code, to carry out
this section.
(B) Availability.--Funds made available under
subparagraph (1) shall remain available until expended.
(f) <<NOTE: 16 USC 668dd note.>> Sachuest Point National Wildlife
Refuge.--
(1) In general.--The Secretary shall provide $200,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to resurface the entrance road to Sachuest Point National
Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $200,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(g) <<NOTE: 16 USC 668dd note.>> Runway Removal at Ninigret
National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $300,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to remove asphalt runways at Ninigret National Wildlife Refuge
[[Page 112 STAT. 207]]
and $5,000,000 shall be available to the State of Rhode Island
for improvements to the T.F. Green Intermodal Facility in Rhode
Island for each of fiscal years 1999 through 2003.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $5,300,000 for fiscal year 1999 and
$5,000,000 for each of fiscal years 2000 through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(h) Middletown Visitor Center.-- <<NOTE: 16 USC 668dd note.>>
(1) In general.--The Secretary shall provide $500,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
for the Middletown visitor center at Sachuest Point National
Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $500,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(i) <<NOTE: 16 USC 668dd note.>> Entrance Paving at Ninigret
National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $750,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to pave the entrance road to the Ninigret National Wildlife
Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $750,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(j) Education Center.-- <<NOTE: 16 USC 668dd note.>>
(1) In general.--The Secretary shall provide $1,000,000 for
each of fiscal years 1999 through 2003 to the United States Fish
and Wildlife Service for the education visitor center at the
Rhode Island National Wildlife Refuge complex.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $1,000,000 for each of fiscal years
1999 through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(k) Richmond National Battlefield Park.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 to the National Park Service to revitalize the
Tredegar Iron Works to serve as a visitor center for Richmond
National Battlefield Park.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $1,000,000 for fiscal year 1999.
[[Page 112 STAT. 208]]
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide $800,000 for
each of fiscal years 1999 through 2003 to the Corps of Engineers
to be made available to the State of Missouri for resurfacing
and maintenance of city and county roads that provide access to
Corps of Engineers reservoirs.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $800,000 for each of fiscal years 1999
through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(m) Civil War Battlefield Plan.--
(1) In general.--The Secretary shall provide $250,000 for
each of fiscal years 1999 and 2000 to the Department of the
Interior to be made available to the Shenandoah Valley
Battlefield National Historic District Commission for developing
a plan for the interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $250,000 for each of fiscal years 1999
and 2000.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(n) DOT Headquarters Facility.--Before taking any action that leads
to Government ownership of the Department of Transportation headquarters
facility, through construction or purchase, the Administrator of General
Services shall first seek approval of the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(o) Fort Peck, Montana.--
(1) Fort peck, montana, visitors center.--The Secretary
shall provide funds for the environmental review, planning,
design, and construction of a historical and cultural visitors
center and museum at Fort Peck, Montana.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$3,000,000 for each of fiscal years 1999 and 2000.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that such
funds shall remain available until expended.
(p) Bridges on Natchez Trace Parkway, Mississippi.--
(1) In general.--The Secretary shall allocate to the State
of Mississippi amounts available by this subsection to be used
for replacement and widening of the box bridges on the Natchez
[[Page 112 STAT. 209]]
Trace Parkway at Old Canton Road and at Rice Road in Madison
County, Mississippi.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $5,000,000
for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(q) <<NOTE: Idaho.>> Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for the Lolo
Pass Visitor Center in the State of Idaho.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $2,943,000
for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal years 1998
through 2003 to the Commonwealth of Puerto Rico to carry out a
highway program in such Commonwealth.
(2) Applicability of title 23.--Amounts made available by
section 1101(a)(15) of this Act shall be available for
obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code. Such amounts
shall be subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(a) Gettysburg, Pennsylvania.--
(1) Restoration of train station.--The Secretary shall
allocate amounts made available by this subsection for the
restoration of the Gettysburg, Pennsylvania, train station.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $400,000 for each of fiscal years 1998 and
1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of restoration of the train station under this
subsection shall be 80 percent and such funds shall remain
available until expended.
(b) Center.-- <<NOTE: Minnesota.>>
(1) Establishment.--The Secretary shall allocate funds made
available to carry out this subsection to establish a center for
national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
[[Page 112 STAT. 210]]
designated scenic byway routes in accordance with paragraph (2).
(2) Communications systems.--The center for national scenic
byways shall develop and implement communications systems for
the support of the national scenic byways program. Such
communications systems shall provide local officials and
planning groups associated with designated National Scenic
Byways or All-American Roads with proactive, technical, and
customized assistance through the latest technology that allows
scenic byway officials to develop and sustain their National
Scenic Byways or All-American Roads.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $1,500,000
for each of fiscal years 1998 through 2003.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project under this subsection shall be 100 percent and such
funds shall remain available until expended.
(c) Coal Heritage Trail.-- <<NOTE: West Virginia.>>
(1) In general.--The Secretary shall make grants to the
State of West Virginia for the Coal Heritage Scenic Byway for
the purposes set forth in section 204(h) of title 23, United
States Code.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $2,000,000 for
each of fiscal years 1999 through 2001.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(d) Traffic Calming Measures.--
(1) In general.--The Secretary shall provide $5,000,000 for
fiscal year 1999 and $2,000,000 for each of fiscal years 2000
through 2003 to implement traffic calming measures in Fauquier
and Loudoun Counties, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(e) Pedestrian Bridge.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 for a pedestrian bridge over United States
Route 29 at Emmet Street in Charlottesville, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(f) Interpretive Center.--
(1) In general.--The Secretary shall provide $600,000 for
fiscal year 1999 for construction of the Virginia Blue Ridge
Parkway interpretive center located on the Roanoke River Gorge
in Virginia.
[[Page 112 STAT. 211]]
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(g) Chain of Rocks Bridge.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 for the renovation and preservation of the
Missouri Route 66 Chain of Rocks Bridge.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--Notwithstanding any
other provision of law, the Secretary shall approve the construction of
Type II noise barriers beginning on the west side of Interstate Route
285 extending from Northlake Parkway to Henderson Mill Road in Dekalb
County, Georgia, from funds apportioned under sections 104(b)(1) and
104(b)(3) of title 23, United States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is amended--
(A) in the subsection heading by striking
``Congestion'' and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each place it
appears and inserting ``value''; and
(ii) by striking ``projects'' each place it
appears and inserting ``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and inserting
``programs''; and
(ii) by striking ``traffic, volume'' and
inserting ``traffic volume''.
(2) Increased number of projects.--Section 1012(b)(1) of
such Act is amended in the second sentence by striking ``5'' and
inserting ``15''.
(3) Eligibility of preimplementation costs.--Section
1012(b)(2) of such Act is amended in the second sentence--
(A) by inserting after ``Secretary shall fund'' the
following: ``all preimplementation costs and project
design, and''; and
(B) by inserting after ``Secretary may not fund''
the following: ``the preimplementation or implementation
costs of''.
(4) Tolling.--Section 1012(b)(4) of such Act is amended by
striking ``a pilot program under this section, but not on more
than 3 of such programs'' and inserting ``any value pricing
pilot program under this subsection''.
(5) HOV passenger requirements.--Section 1012(b) of such Act
is amended by striking paragraph (6) and inserting the
following:
[[Page 112 STAT. 212]]
``(6) HOV passenger requirements.--Notwithstanding section
146(c) of title 23, United States Code, a State may permit
vehicles with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.''.
(6) Financial effects on low-income drivers.--Section
1012(b) <<NOTE: 23 USC 149 note.>> of such Act is amended by
adding at the end the following:
``(7) Financial effects on low-income drivers.--Any value
pricing pilot program under this subsection shall include, if
appropriate, an analysis of the potential effects of the pilot
program on low-income drivers and may include mitigation
measures to deal with any potential adverse financial effects on
low-income drivers.''.
(7) Funding.--Section 1012(b) of such Act (as amended by
paragraph (6)) is amended by adding at the end the following:
``(8) Funding.--
``(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$8,000,000 for each of fiscal years 1998 through 2003.
``(B) Availability.--Funds allocated by the
Secretary to a State under this subsection shall remain
available for obligation by the State for a period of 3
years after the last day of the fiscal year for which
the funds are authorized.
``(C) Use of unallocated funds.--If the total amount
of funds made available from the Highway Trust Fund
under this subsection for fiscal year 1998 and fiscal
years thereafter but not allocated exceeds $8,000,000 as
of September 30 of any year, the excess amount--
``(i) shall be apportioned in the following
fiscal year by the Secretary to all States in
accordance with section 104(b)(3) of title 23,
United States Code;
``(ii) shall be considered to be a sum made
available for expenditure on the surface
transportation program, except that the amount
shall not be subject to section 133(d) of such
title; and
``(iii) shall be available for any purpose
eligible for funding under section 133 of such
title.
``(D) Contract authority.--Funds authorized under
this paragraph shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection and the availability of funds authorized by
this paragraph shall be determined in accordance with
this subsection.''.
(b) <<NOTE: 23 USC 129 note.>> Interstate System Reconstruction and
Rehabilitation Pilot Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and rehabilitation
pilot program under which the Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code, may permit
a State to collect tolls on a highway, bridge, or tunnel on the
Interstate System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could not
[[Page 112 STAT. 213]]
otherwise be adequately maintained or functionally improved
without the collection of tolls.
(2) Limitation on number of facilities.--The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) Eligibility.--To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains, at a minimum, the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll facility,
including the age, condition, and intensity of use of
the facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the metropolitan
planning organization established under section 134 of
title 23, United States Code, for the area has been
consulted concerning the placement and amount of tolls
on the facility.
(C) An analysis demonstrating that the facility
could not be maintained or improved to meet current or
future needs from the State's apportionments and
allocations made available by this Act (including
amendments made by this Act) and from revenues for
highways from any other source without toll revenues.
(D) A facility management plan that includes--
(i) a plan for implementing the imposition of
tolls on the facility;
(ii) a schedule and finance plan for the
reconstruction or rehabilitation of the facility
using toll revenues;
(iii) a description of the public
transportation agency that will be responsible for
implementation and administration of the pilot
program;
(iv) a description of whether consideration
will be given to privatizing the maintenance and
operational aspects of the facility, while
retaining legal and administrative control of the
portion of the Interstate route; and
(v) such other information as the Secretary
may require.
(4) Selection criteria.--The Secretary may approve the
application of a State under paragraph (3) only if the Secretary
determines that--
(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using existing
apportionments;
(B) the facility has a sufficient intensity of use,
age, or condition to warrant the collection of tolls;
(C) the State plan for implementing tolls on the
facility takes into account the interests of local,
regional, and interstate travelers;
(D) the State plan for reconstruction or
rehabilitation of the facility using toll revenues is
reasonable; and
(E) the State has given preference to the use of a
public toll agency with demonstrated capability to
build, operate, and maintain a toll expressway system
meeting criteria for the Interstate System.
[[Page 112 STAT. 214]]
(5) <<NOTE: Contracts.>> Limitations on use of revenues;
audits.--Before the Secretary may permit a State to participate
in the pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from operation of the
toll facility will be used only for--
(i) debt service;
(ii) reasonable return on investment of any
private person financing the project; and
(iii) any costs necessary for the improvement
of and the proper operation and maintenance of the
toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation of
the toll facility; and
(B) regular audits will be conducted to ensure
compliance with subparagraph (A) and the results of such
audits will be transmitted to the Secretary.
(6) Limitation on use of interstate maintenance funds.--
During the term of the pilot program, funds apportioned for
Interstate maintenance under section 104(b)(4) of title 23,
United States Code, may not be used on a facility for which
tolls are being collected under the program.
(7) Program term.--The Secretary shall conduct the pilot
program under this subsection for a term to be determined by the
Secretary, but not less than 10 years.
(8) Interstate system defined.--In this subsection, the term
``Interstate System'' has the meaning such term has under
section 101 of title 23, United States Code.
SEC. 1217. ELIGIBILITY.
(a) San Mateo County, California.--Notwithstanding any other
provision of law, a project to repair or reconstruct any portion of a
Federal-aid primary route in San Mateo County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal plan.
(b) Ambassador Bridge Access, Detroit, Michigan.--
(1) In general.--Notwithstanding section 129 of title 23,
United States Code, or any other provision of law, improvements
to access roads and construction of access roads, approaches,
and related facilities (such as signs, lights, and signals)
necessary to connect the Ambassador Bridge in Detroit, Michigan,
to the Interstate System shall be eligible for funds apportioned
under paragraphs (1) and (3) of section 104(b) of such title.
(2) Use of funds.--Funds described in paragraph (1) shall
not be used for any improvement to, or construction of, the
bridge itself.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other
provision of law, a project to construct a new bridge over the Cuyahoga
River in Cleveland, Ohio, shall be eligible for funds apportioned under
section 104(b)(3) of such title.
[[Page 112 STAT. 215]]
(d) Connecticut.--In fiscal year 1998, the State of Connecticut may
transfer any funds remaining available for obligation under section
104(b)(4) of title 23, United States Code, as in effect on the day
before the date of the enactment of this Act, for construction of the
Interstate System to any other program eligible for assistance under
chapter 1 of such title. Before making any distribution of the
obligation limitation under section 1102(c)(6) of this Act, the
Secretary shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to obligate funds
available for transfer under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor organization, shall be
permitted to continue collecting tolls for maintenance of, operation of,
capital improvements to, and future expansions to the International
Bridge, Sault Ste. Marie, Michigan, and its approaches, plaza areas, and
associated structures.
(f) Information Services.--A food business that would otherwise be
eligible to display a mainline business logo on a specific service food
sign described in section 2G-5.7(4) of part IIG of the 1988 edition of
the Manual on Uniform Traffic Control Devices for Streets and Highways
under the requirements specified in that section, but for the fact that
the business is open 6 days a week, cannot be prohibited from inclusion
on such a food sign.
(g) Continuance of Commercial Operations at Certain Service Plazas
in the State of Maryland.--
(1) Waiver.--Notwithstanding section 111 of title 23, United
States Code, and the agreements described in paragraph (2), at
the request of the Maryland Transportation Authority, the
Secretary shall allow the continuance of commercial operations
at the service plazas on the John F. Kennedy Memorial Highway on
Interstate Route 95.
(2) Agreements.--The agreements referred to in paragraph (1)
are agreements between the Department of Transportation of the
State of Maryland and the Federal Highway Administration
concerning the highway described in paragraph (1).
(h) Welcome Center Pilot Project.-- <<NOTE: Georgia.>>
(1) In general.--The Secretary shall permit the State of
Georgia to conduct a pilot project to acquire, construct,
operate, and maintain a demonstration safety rest area and
information center along Interstate Route 75 in Cobb County,
Georgia, in accordance with paragraph (2).
(2) Information center and system.--The center may provide
goods and information that is of interest to the traveling
public, including commercial advertising and media displays, if
such advertising and displays are--
(A) exhibited solely within any facility constructed
in the rest area; and
(B) not legible from the main traveled way.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the pilot project.
(i) Southern California.--Notwithstanding section 120(l)(1) of title
23, United States Code--
(1) private entity expenditures to construct the SR-91 toll
road located in Orange County, California, from SR-55 to the
[[Page 112 STAT. 216]]
Riverside County line may be credited toward the State matching
share for any Federal-aid project beginning construction after
the SR-91 toll road was opened to traffic; and
(2) private expenditures for the future SR-125 toll road in
San Diego County, California, from SR-905 to San Miguel Road may
be credited against the State match share for Federal-aid
highway projects beginning after SR-125 is opened to traffic.
(j) Tolls on Pennsylvania Turnpike.--Notwithstanding any other
provision of law, no tolls shall be collected during the 6-year period
beginning on the date of enactment of this Act on the Pennsylvania
Turnpike for travel either entering Bedford and exiting Breezewood,
Pennsylvania, or entering Breezewood and exiting Bedford.
(k) Vicksburg and Jackson, Mississippi.--Notwithstanding any other
provision of this Act, funds authorized by this Act (including
amendments made by this Act) for transportation projects in the State of
Mississippi may be used for the purpose of constructing, reconstructing,
or rehabilitating rail lines in the vicinity of Vicksburg and Jackson,
Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Eligible project costs.--The term `eligible project
costs'--
``(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land,
piers, guideways, propulsion equipment and other
components attached to guideways, power distribution
facilities (including substations), control and
communications facilities, access roads, and storage,
repair, and maintenance facilities, but not including
costs incurred for a new station; and
``(B) includes the costs of preconstruction planning
activities.
``(2) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
``(3) MAGLEV.--The term `MAGLEV' means transportation
systems employing magnetic levitation that would be capable of
safe use by the public at a speed in excess of 240 miles per
hour or under 50 miles per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the commercial
feasibility study of high-speed ground transportation conducted
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1978).
``(b) Financial Assistance.--
[[Page 112 STAT. 217]]
``(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section.
Financial assistance made available under this section and
projects assisted with the assistance shall be subject to
section 5333(a) of title 49, United States Code.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than \2/3\.
``(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible project
costs of projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not later than
180 days after the date of enactment of this subsection, the Secretary
shall solicit applications from States, or authorities designated by 1
or more States, for financial assistance authorized by subsection (b)
for planning, design, and construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed or low-
speed ground transportation corridor that exhibit partnership
potential;
``(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
``(A) the amounts made available under subsection
(h)(1)(A); and
``(B) the amounts made available by States under
subsection (h)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs paid
using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan planning
requirements;
``(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated by
1 or more States;
``(7) to the extent that non-United States MAGLEV technology
is used within the United States, be carried out as a technology
transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting applications,
the Secretary shall establish criteria for selecting which eligible
projects under subsection (d) will receive financial assistance under
subsection (b). The criteria shall include the extent to which--
``(1) a project is nationally significant, including the
extent to which the project will demonstrate the feasibility of
deployment of MAGLEV technology throughout the United States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the need
for additional highway or airport construction;
``(3) States, regions, and localities financially contribute
to the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
[[Page 112 STAT. 218]]
``(5) the project will augment MAGLEV networks identified as
having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are
considered and enhanced.
``(f) Project Selection.--
``(1) Preconstruction planning activities.--Not later than
90 days after a deadline established by the Secretary for the
receipt of applications, the Secretary shall evaluate the
eligible projects in accordance with the selection criteria and
select 1 or more eligible projects to receive financial
assistance for preconstruction planning activities, including--
``(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements
and assessments as are required under State law;
``(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under
paragraph (2); and
``(C) such other activities as are necessary to
provide the Secretary with sufficient information to
evaluate whether a project should receive financial
assistance for final design, engineering, and
construction activities under paragraph (2).
``(2) Final design, engineering, and construction
activities.--After completion of preconstruction planning
activities for all projects assisted under paragraph (1), the
Secretary shall select 1 of the projects to receive financial
assistance for final design, engineering, and construction
activities.
``(g) Joint Ventures.--A project undertaken by a joint venture of
United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology in the
United States) shall be eligible for financial assistance under this
section if the project is eligible under subsection (d) and selected
under subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $15,000,000 for fiscal year 1999,
$20,000,000 for fiscal year 2000, and $25,000,000
for fiscal year 2001.
``(ii) Contract authority.--Funds authorized
by this subparagraph shall be available for
obligation in the same manner as if the funds were
apportioned under chapter 1, except that--
``(I) the Federal share of the cost
of a project carried out under this
section shall be determined in
accordance with subsection (b); and
``(II) the availability of the funds
shall be determined in accordance with
paragraph (2).
[[Page 112 STAT. 219]]
``(B) Noncontract authority authorization of
appropriations.--
``(i) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $200,000,000 for each of fiscal years 2000
and 2001, $250,000,000 for fiscal year 2002, and
$300,000,000 for fiscal year 2003.
``(ii) Availability.--Notwithstanding section
118(a), funds made available under clause (i)
shall not be available in advance of an annual
appropriation.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry out
the surface transportation program under section 133 and the
congestion mitigation and air quality improvement program under
section 149 may be used by the State to pay a portion of the
full project costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(4) Other assistance.--Notwithstanding any other provision
of law, an eligible project selected under this section shall be
eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st
Century, including loans, loan guarantees, and lines of
credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by inserting after the item relating to
section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a national
scenic byways program that recognizes roads having outstanding
scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as National
Scenic Byways or All-American Roads.
``(2) Criteria.--The Secretary shall designate roads to be
recognized under the national scenic byways program in
accordance with criteria developed by the Secretary.
``(3) Nomination.--To be considered for the designation, a
road must be nominated by a State or a Federal land management
agency and must first be designated as a State scenic byway or,
in the case of a road on Federal land, as a Federal land
management agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States to--
``(A) implement projects on highways designated as
National Scenic Byways or All-American Roads, or as
State scenic byways; and
``(B) plan, design, and develop a State scenic byway
program.
[[Page 112 STAT. 220]]
``(2) Priorities.--In making grants, the Secretary shall
give priority to--
``(A) each eligible project that is associated with
a highway that has been designated as a National Scenic
Byway or All-American Road and that is consistent with
the corridor management plan for the byway;
``(B) each eligible project along a State-designated
scenic byway that is consistent with the corridor
management plan for the byway, or is intended to foster
the development of such a plan, and is carried out to
make the byway eligible for designation as a National
Scenic Byway or All-American Road; and
``(C) each eligible project that is associated with
the development of a State scenic byway program.
``(c) Eligible Projects.--The following are projects that are
eligible for Federal assistance under this section:
``(1) An activity related to the planning, design, or
development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of related
amenities.
``(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic and
changes in the types of vehicles using the highway as a result
of the designation as a State scenic byway, National Scenic
Byway, or All-American Road.
``(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, passing lane, overlook, or interpretive facility.
``(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including
water-related recreation.
``(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an area
adjacent to a scenic byway.
``(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
``(8) Development and implementation of a scenic byway
marketing program.
``(d) Limitation.--The Secretary shall not make a grant under this
section for any project that would not protect the scenic, historical,
recreational, cultural, natural, and archaeological integrity of a
highway and adjacent areas.
``(e) Savings Clause.--The Secretary shall not withhold any grant or
impose any requirement on a State as a condition of providing a grant or
technical assistance for any scenic byway unless the requirement is
consistent with the authority provided in this chapter.
``(f) Federal Share.--The Federal share of the cost of carrying out
a project under this section shall be 80 percent, except that, in the
case of any scenic byway project along a public road that provides
access to or within Federal or Indian land, a Federal
[[Page 112 STAT. 221]]
land management agency may use funds authorized for use by the agency as
the non-Federal share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES. <<NOTE: 49
USC 104 note.>>
(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic decisionmaking responsibility of the regional
offices of the Federal Highway Administration for the Federal-
aid highway program as part of the Administration's efforts to
restructure its field organization.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall eliminate regional offices, create technical
resource centers, and, to the maximum extent practicable,
delegate authority to State offices of the Federal Highway
Administration.
(b) Preference.--In locating the technical resource centers, the
Secretary shall give preference to cities that house, on the date of
enactment of this Act, the Federal Highway Administration regional
offices and are in locations that minimize the travel distance between
the technical resource centers and the Federal Highway Administration
division offices that will be served by the new technical resource
centers.
(c) Report to Congress.--The Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a detailed implementation plan to carry out this section not
later than September 30, 1998, and thereafter provide periodic progress
reports on carrying out this section to such Committees.
(d) Implementation.--The Secretary shall begin implementation of the
plan transmitted under subsection (c) not later than December 31, 1998.
SEC. 1221. <<NOTE: 23 USC 101 note.>> TRANSPORTATION AND COMMUNITY AND
SYSTEM PRESERVATION PILOT PROGRAM.
(a) Establishment.--In cooperation with appropriate State, regional,
and local governments, the Secretary shall establish a comprehensive
initiative to investigate and address the relationships between
transportation and community and system preservation and identify
private sector-based initiatives.
(b) Research.--
(1) In general.--In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the
Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation, community
preservation, and the environment and the role of the private
sector in shaping such relationships.
(2) Required elements.--The program shall provide for
monitoring and analysis of projects carried out with funds made
available to carry out subsections (c) and (d).
(c) Planning.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
[[Page 112 STAT. 222]]
planning organizations, and local governments to plan, develop,
and implement strategies to integrate transportation and
community and system preservation plans and practices.
(2) Purposes.--The purposes of the allocations shall be--
(A) to improve the efficiency of the transportation
system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments
in public infrastructure;
(D) to provide efficient access to jobs, services,
and centers of trade; and
(E) to examine development patterns and identify
strategies to encourage private sector development
patterns which achieve the goals identified in
subparagraphs (A) through (D).
(3) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) propose projects for funding that address the
purposes described in paragraph (2); and
(B) demonstrate a commitment of non-Federal
resources to the proposed projects.
(4) Additional criteria.--In addition, the Secretary shall
give consideration to applicants that demonstrate a commitment
to public and private involvement, including involvement of
nontraditional partners in the project team.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to carry out
projects to address transportation efficiency and community and
system preservation.
(2) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) have instituted preservation or development
plans and programs that--
(i) meet the requirements of title 23 and
chapter 53 of title 49, United States Code; and
(ii)(I) are coordinated with State and local
adopted preservation or development plans;
(II) are intended to promote cost-effective
and strategic investments in transportation
infrastructure that minimize adverse impacts on
the environment; or
(III) are intended to promote innovative
private sector strategies.
(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
(i) spending policies that direct funds to
high-growth areas;
(ii) urban growth boundaries to guide
metropolitan expansion;
[[Page 112 STAT. 223]]
(iii) ``green corridors'' programs that
provide access to major highway corridors for
areas targeted for efficient and compact
development; or
(iv) other similar programs or policies as
determined by the Secretary;
(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
(D) examine ways to encourage private sector
investments that address the purposes of this section;
and
(E) propose projects for funding that address the
purposes described in subsection (c)(2).
(3) Equitable distribution.--In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds made
available to carry out this subsection shall be used by
the recipient to implement the projects proposed in the
application to the Secretary.
(B) Types of projects.--The allocation of funds
shall be available for obligation for--
(i) any project eligible for funding under
title 23 or chapter 53 of title 49, United States
Code; or
(ii) any other activity relating to
transportation and community and system
preservation that the Secretary determines to be
appropriate, including corridor preservation
activities that are necessary to implement--
(I) transit-oriented development
plans;
(II) traffic calming measures; or
(III) other coordinated
transportation and community and system
preservation practices.
(e) Funding.--
(1) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $20,000,000 for fiscal year 1999 and
$25,000,000 for each of fiscal years 2000 through 2003.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App.) is amended-- <<NOTE: 40 USC app. 403.>>
(1) in the undesignated paragraph relating to Alabama--
(A) by inserting ``Hale,'' after ``Franklin,''; and
(B) by inserting ``Macon,'' after ``Limestone,'';
(2) in the undesignated paragraph relating to Georgia--
(A) by inserting ``Elbert,'' after ``Douglas,''; and
(B) by inserting ``Hart,'' after ``Haralson,'';
(3) in the undesignated paragraph relating to Mississippi by
striking ``and Winston'' and inserting ``Winston, and
Yalobusha''; and
[[Page 112 STAT. 224]]
(4) in the undesignated paragraph relating to Virginia--
(A) by inserting ``Montgomery,'' after ``Lee,''; and
(B) by inserting ``Rockbridge,'' after ``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act <<NOTE: 40 USC
app. 405 and note.>> is amended by striking ``section 201'' and
inserting ``sections 201 and 403''. This amendment ensures that section
403 is still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES. <<NOTE: 23 USC
101 note.>>
(a) Purpose.--The purpose of this section is to authorize the
provision of assistance for, and support of, State and local efforts
concerning surface transportation issues necessary to obtain the
national recognition and economic benefits of participation in the
International Olympic movement, the International Paralympic movement,
and the Special Olympics International movement by hosting international
quadrennial Olympic and Paralympic events, and Special Olympics
International events, in the United States.
(b) Priority for Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--Notwithstanding any other
provision of law, from funds available to carry out sections 118(c) and
144(g)(1) of title 23, United States Code, the Secretary may give
priority to funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a Special
Olympics International event, if--
(1) the project meets the extraordinary needs associated
with an international quadrennial Olympic or Paralympic event or
a Special Olympics International event; and
(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
(c) Transportation Planning Activities.--The Secretary may
participate in--
(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, under sections 134 and 135
of title 23, United States Code; and
(2) developing intermodal transportation plans necessary for
the projects in coordination with State and local transportation
agencies.
(d) Funding.--Notwithstanding section 5001(a), from funds made
available under such section, the Secretary may provide assistance for
the development of an Olympic, a Paralympic, and a Special Olympics
transportation management plan in cooperation with an Olympic Organizing
Committee responsible for hosting, and State and local communities
affected by, an international quadrennial Olympic or Paralympic event or
a Special Olympics International event.
(e) Transportation Projects Relating to Olympic, Paralympic, and
Special Olympic Events.--
(1) In general.--The Secretary may provide assistance,
including planning, capital, and operating assistance, to States
and local governments in carrying out transportation projects
relating to an international quadrennial Olympic or Paralympic
event or a Special Olympics International event.
(2) Federal share.--The Federal share of the cost of a
project assisted under this subsection shall not exceed 80
percent.
[[Page 112 STAT. 225]]
(f) Eligible Governments.--A State or local government shall be
eligible to receive assistance under this section only if the government
is hosting a venue that is part of an international quadrennial Olympics
that is officially selected by the International Olympic Committee.
(g) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section such sums as are necessary for each
of fiscal years 1998 through 2003.
Subtitle C--Program Streamlining and Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.
(a) Advance Acquisition of Real Property.--Section 108 of title 23,
United States Code, is amended by striking the section heading and
subsection (a) and inserting the following:
``Sec. 108. Advance acquisition of real property
``(a) In General.--
``(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of real
property for a transportation improvement eligible for funding
under this title, the Secretary, upon the request of a State,
may make available, for the acquisition of real property, such
funds apportioned to the State as may be expended on the
transportation improvement, under such rules and regulations as
the Secretary may issue.
``(2) Construction.--The agreement between the Secretary and
the State for the reimbursement of the cost of the real property
shall provide for the actual construction of the transportation
improvement within a period not to exceed 20 years following the
fiscal year for which the request is made, unless the Secretary
determines that a longer period is reasonable.''.
(b) Credit for Acquired Lands.--Section 323(b) of such title is
amended--
(1) in the subsection heading, by striking ``Donated'' and
inserting ``Acquired'';
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Notwithstanding any other provision of
this title, the State share of the cost of a project with
respect to which Federal assistance is provided from the Highway
Trust Fund (other than the Mass Transit Account) may be credited
in an amount equal to the fair market value of any land that--
``(A) is lawfully obtained by the State or a unit of
local government in the State;
``(B) is incorporated into the project;
``(C) is not land described in section 138; and
``(D) the Secretary determines will not influence
the environmental assessment of the project, including--
``(i) the decision as to the need to construct
the project;
[[Page 112 STAT. 226]]
``(ii) the consideration of alternatives; and
``(iii) the selection of a specific location.
``(2) Establishment of fair market value.--The fair market
value of land incorporated into a project and credited under
paragraph (1) shall be established in the manner determined by
the Secretary, except that--
``(A) the fair market value shall not include any
increase or decrease in the value of donated property
caused by the project; and
``(B) the fair market value of donated land shall be
established as of the earlier of--
``(i) the date on which the donation becomes
effective; or
``(ii) the date on which equitable title to
the land vests in the State.'';
(3) in paragraph (3) by striking ``agency of a Federal,
State, or local government'' and inserting ``agency of the
Federal Government''; and
(4) in paragraph (4) by striking ``to which the donation is
applied''.
(c) Crediting of Contributions by Units of Local Government Toward
the State Share.--Section 323 of such title <<NOTE: 23 USC 323.>> is
amended by adding at the end the following:
``(e) Crediting of Contributions by Units of Local Government Toward
the State Share.--A contribution by a unit of local government of real
property, funds, or material in connection with a project eligible for
assistance under this title shall be credited against the State share of
the project at the fair market value of the real property, funds, or
material.''.
(d) Conforming Amendments.--
(1) Section 323 of such title is amended by striking the
section heading and inserting the following:
``Sec. 323. Donations and credits''.
(2) The analysis for chapter 1 of such title is amended by
striking the item relating to section 108 and inserting the
following:
``108. Advance acquisition of real property.''.
(3) The analysis for chapter 3 of such title is amended by
striking the item relating to section 323 and inserting the
following:
``323. Donations and credits.''.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary, from time to time as the work
progresses, may make payments to a State for costs of construction
incurred by the State on a project. Such payments may also be made for
the value of the materials--
``(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for the
projects; and
``(2) that are not in the vicinity of the construction if
the Secretary determines that because of required fabrication at
[[Page 112 STAT. 227]]
an off-site location the material cannot be stockpiled in such
vicinity.
``(b) Project Agreement.--No payment shall be made under this
chapter except for a project covered by a project agreement. After
completion of the project in accordance with the project agreement, a
State shall be entitled to payment out of the appropriate sums
apportioned or allocated to the State of the unpaid balance of the
Federal share payable for such project.'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection (c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States Code, is
amended to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
``(a) Minimum Charge.--Subject to section 142(f), a State shall
charge, at a minimum, fair market value for the sale, use, lease, or
lease renewal (other than for utility use and occupancy or for a
transportation project eligible for assistance under this title) of real
property acquired with Federal assistance made available from the
Highway Trust Fund (other than the Mass Transit Account).
``(b) Exceptions.--The Secretary may grant an exception to the
requirement of subsection (a) for a social, environmental, or economic
purpose.
``(c) Use of Federal Share of Income.--The Federal share of net
income from the revenues obtained by a State under subsection (a) shall
be used by the State for projects eligible under this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 156 and inserting
the following:
``156. Proceeds from the sale or lease of real property.''.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended in the
first sentence by inserting after ``10 years'' the following: ``(or such
longer period as the State requests and the Secretary determines to be
reasonable)''.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 106. Project approval and oversight'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by striking subsections (a) through (d) and inserting
the following:
``(a) In General.--
``(1) Submission of plans, specifications, and estimates.--
Except as otherwise provided in this section, each State
transportation department shall submit to the Secretary for
approval such plans, specifications, and estimates for each
proposed project as the Secretary may require.
[[Page 112 STAT. 228]]
``(2) Project agreement.--The Secretary shall act on the
plans, specifications, and estimates as soon as practicable
after the date of their submission and shall enter into a formal
project agreement with the State transportation department
formalizing the conditions of the project approval.
``(3) Contractual obligation.--The execution of the project
agreement shall be deemed a contractual obligation of the
Federal Government for the payment of the Federal share of the
cost of the project.
``(4) Guidance.--In taking action under this subsection, the
Secretary shall be guided by section 109.
``(b) Project Agreement.--
``(1) Provision of state funds.--The project agreement shall
make provision for State funds required to pay the State's non-
Federal share of the cost of construction of the project and to
pay for maintenance of the project after completion of
construction.
``(2) Representations of state.--If a part of the project is
to be constructed at the expense of, or in cooperation with,
political subdivisions of the State, the Secretary may rely on
representations made by the State transportation department with
respect to the arrangements or agreements made by the State
transportation department and appropriate local officials for
ensuring that the non-Federal contribution will be provided
under paragraph (1).
``(c) Assumption by States of Responsibilities of the Secretary.--
``(1) Non-interstate nhs projects.--For projects under this
title that are on the National Highway System but not on the
Interstate System, the State may assume the responsibilities of
the Secretary under this title for design, plans,
specifications, estimates, contract awards, and inspections of
projects unless the State or the Secretary determines that such
assumption is not appropriate.
``(2) Non-nhs projects.--For projects under this title that
are not on the National Highway System, the State shall assume
the responsibilities of the Secretary under this title for
design, plans, specifications, estimates, contract awards, and
inspection of projects, unless the State determines that such
assumption is not appropriate.
``(3) Agreement.--The Secretary and the State shall enter
into an agreement relating to the extent to which the State
assumes the responsibilities of the Secretary under this
subsection.
``(4) Limitation on authority of secretary.--The Secretary
may not assume any greater responsibility than the Secretary is
permitted under this title on September 30, 1997, except upon
agreement by the Secretary and the State.
``(d) Responsibilities of the Secretary.--Nothing in this section,
section 133, or section 149 shall affect or discharge any responsibility
or obligation of the Secretary under--
``(1) section 113 or 114; or
``(2) any Federal law other than this title (including
section 5333 of title 49).
``(e) Value Engineering Analysis.--For such projects as the
Secretary determines advisable, plans, specifications, and estimates
[[Page 112 STAT. 229]]
for proposed projects on any Federal-aid highway shall be accompanied by
a value engineering analysis or other cost reduction analysis.''.
(b) Financial Plan.--Section 106 of such title (as amended by
subsection (a)(2)), is amended <<NOTE: 23 USC 106.>> by adding at the
end the following:
``(h) Financial Plan.--A recipient of Federal financial assistance
for a project under this title with an estimated total cost of
$1,000,000,000 or more shall submit to the Secretary an annual financial
plan for the project. The plan shall be based on detailed annual
estimates of the cost to complete the remaining elements of the project
and on reasonable assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.''.
(c) Life Cycle Cost Analysis.--Section 106 of such title (as amended
by subsection (a)(2)), is amended by striking subsection (f) and
inserting the following:
``(f) Life-Cycle Cost Analysis.--
``(1) Use of life-cycle cost analysis.--The Secretary shall
develop recommendations for the States to conduct life-cycle
cost analyses. The recommendations shall be based on the
principles contained in section 2 of Executive Order No. 12893
and shall be developed in consultation with the American
Association of State Highway and Transportation Officials. The
Secretary shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the recommendations
required under this subsection.
``(2) Life-cycle cost analysis defined.--In this subsection,
the term `life-cycle cost analysis' means a process for
evaluating the total economic worth of a usable project segment
by analyzing initial costs and discounted future costs, such as
maintenance, user costs, reconstruction, rehabilitation,
restoring, and resurfacing costs, over the life of the project
segment.''.
(d) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 106 and inserting
the following:
``106. Project approval and oversight.''.
SEC. 1306. STANDARDS.
(a) Elimination of Guidelines and Annual Certification
Requirements.--Section 109 of title 23, United States Code, is amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as
subsections (m) through (p), respectively.
(b) Safety standards.--Section 109 of such title (as amended by
subsection (a)), is amended by adding at the end the following:
``(q) Phase Construction.--Safety considerations for a project under
this title may be met by phase construction consistent with the
operative safety management system established in accordance with
section 303 or in accordance with a statewide transportation improvement
program approved by the Secretary.''.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States Code, is
amended--
[[Page 112 STAT. 230]]
(1) in the first sentence of paragraph (1) by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2)(A) by striking ``Each'' and inserting
``Subject to paragraph (3), each''; and
(3) by adding at the end the following:
``(3) Design-build contracting.--
``(A) In general.--A State transportation department
or local transportation agency may award a design-build
contract for a qualified project described in
subparagraph (C) using any procurement process permitted
by applicable State and local law.
``(B) Limitation on final design.--Final design
under a design-build contract referred to in
subparagraph (A) shall not commence before compliance
with section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
``(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project under this
chapter for which--
``(i) the Secretary has approved the use of
design-build contracting described in subparagraph
(A) under criteria specified in regulations issued
by the Secretary; and
``(ii) the total costs are estimated to
exceed--
``(I) in the case of a project that
involves installation of an intelligent
transportation system, $5,000,000; and
``(II) in the case of any other
project, $50,000,000.
``(D) Design-build contract defined.--In this
paragraph, the term `design-build contract' means an
agreement that provides for design and construction of a
project by a contractor, regardless of whether the
agreement is in the form of a design-build contract, a
franchise agreement, or any other form of contract
approved by the Secretary.''.
(b) Inapplicability of Standardized Contract Clause Requirement.--
Section 112(e)(2) of such title is amended-- <<NOTE: 23 USC 112.>>
(1) by striking ``Paragraph'' and inserting the following:
``(A) State law.--Paragraph'';
(2) by adding at the end the following:
``(B) Design-build contracts.--Paragraph (1) shall
not apply to any design-build contract approved under
subsection (b)(3).''; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this subsection) with
subparagraph (B) of such section (as added by paragraph (2) of
this subsection).
(c) Regulations.-- <<NOTE: 23 USC 112 note.>>
(1) In general.--Not later than the effective date specified
in subsection (e), after consultation with the American
Association of State Highway and Transportation Officials and
representatives from affected industries, the Secretary shall
issue regulations to carry out the amendments made by this
section.
(2) Contents.--The regulations shall--
(A) identify the criteria to be used by the
Secretary in approving the use by a State transportation
department
[[Page 112 STAT. 231]]
or local transportation agency of design-build
contracting; and
(B) establish the procedures to be followed by a
State transportation department or local transportation
agency for obtaining the Secretary's approval of the use
of design-build contracting by the department or agency.
(d) <<NOTE: 23 USC 112 note.>> Effect on Experimental Program.--
Nothing in this section or the amendments made by this section affects
the authority to carry out, or any project carried out under, any
experimental program concerning design-build contracting that is being
carried out by the Secretary as of the date of enactment of this Act.
(e) Effective Date for Amendments.-- <<NOTE: 23 USC 112 note.>>
(1) In general.--The amendments made by this section take
effect 3 years after the date of enactment of this Act.
(2) Transition provision.--
(A) In general.--During the period before issuance
of the regulations under subsection (c), the Secretary
may approve, in accordance with an experimental program
described in subsection (d), design-build contracts to
be awarded using any process permitted by applicable
State and local law; except that final design under any
such contract shall not commence before compliance with
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(B) Previously awarded contracts.--The Secretary may
approve design-build contracts awarded before the date
of enactment of this Act.
(C) Design-build contract defined.--In this
paragraph, the term ``design-build contract'' means an
agreement that provides for design and construction of a
project by a contractor, regardless of whether the
agreement is in the form of a design-build contract, a
franchise agreement, or any other form of contract
approved by the Secretary.
(f) Report to Congress.-- <<NOTE: 23 USC 112 note.>>
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the effectiveness of design-build contracting
procedures.
(2) Contents.--The report shall contain--
(A) an assessment of the effect of design-build
contracting on project quality, project cost, and
timeliness of project delivery;
(B) recommendations on the appropriate level of
design for design-build procurements;
(C) an assessment of the impact of design-build
contracting on small businesses;
(D) assessment of the subjectivity used in design-
build contracting; and
(E) such recommendations concerning design-build
contracting procedures as the Secretary determines to be
appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study set forth
in section 450.318 of title 23, Code of Federal Regulations, as a
separate requirement, and promulgate regulations to integrate
[[Page 112 STAT. 232]]
such requirement, as appropriate, as part of the analyses required to be
undertaken pursuant to the planning provisions of title 23, United
States Code, and chapter 53 of title 49, United States Code, and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
Federal-aid highway and transit projects. The scope of the applicability
of such regulations shall be no broader than the scope of such section.
SEC. 1309. ENVIRONMENTAL STREAMLINING. <<NOTE: 23 USC 109 note.>>
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review process
for highway construction projects that require--
(A) the preparation of an environmental impact
statement or environmental assessment under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), except that the Secretary may decide not to apply
this section to the preparation of an environmental
assessment under such Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental
permit, license, or approval by operation of Federal
law.
(2) Memorandum of understanding.--
(A) In general.--The coordinated environmental
review process for each project shall ensure that,
whenever practicable (as specified in this section), all
environmental reviews, analyses, opinions, and any
permits, licenses, or approvals that must be issued or
made by any Federal agency for the project concerned
shall be conducted concurrently and completed within a
cooperatively determined time period. Such process for a
project or class of project may be incorporated into a
memorandum of understanding between the Department of
Transportation and Federal agencies (and, where
appropriate, State agencies).
(B) Establishment of time periods.--In establishing
the time period referred to in subparagraph (A), and any
time periods for review within such period, the
Department and all such agencies shall take into account
their respective resources and statutory commitments.
(b) Elements of Coordinated Environmental Review Process.--For each
project, the coordinated environmental review process established under
this section shall provide, at a minimum, for the following elements:
(1) Federal agency identification.--The Secretary shall, at
the earliest possible time, identify all potential Federal
agencies that--
(A) have jurisdiction by law over environmental-
related issues that may be affected by the project and
the analysis of which would be part of any environmental
document required by the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to
independently--
(i) conduct an environmental-related review or
analysis; or
(ii) determine whether to issue a permit,
license, or approval or render an opinion on the
environmental impact of the project.
[[Page 112 STAT. 233]]
(2) Time limitations and concurrent review.--The Secretary
and the head of each Federal agency identified under paragraph
(1)--
(A)(i) shall jointly develop and establish time
periods for review for--
(I) all Federal agency comments with respect
to any environmental review documents required by
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for the project; and
(II) all other independent Federal agency
environmental analyses, reviews, opinions, and
decisions on any permits, licenses, and approvals
that must be issued or made for the project;
whereby each such Federal agency's review shall be
undertaken and completed within such established time
periods for review; or
(ii) may enter into an agreement to establish such
time periods for review with respect to a class of
project; and
(B) shall ensure, in establishing such time periods
for review, that the conduct of any such analysis,
review, opinion, and decision is undertaken concurrently
with all other environmental reviews for the project,
including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); except that such review may not be concurrent if
the affected Federal agency can demonstrate that such
concurrent review would result in a significant adverse
impact to the environment or substantively alter the
operation of Federal law or would not be possible
without information developed as part of the
environmental review process.
(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with the time
periods established by the Council on Environmental Quality
under sections 1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
(4) Extensions.--The Secretary shall extend any time periods
for review under this section if, upon good cause shown, the
Secretary and any Federal agency concerned determine that
additional time for analysis and review is needed as a result of
new information that has been discovered that could not
reasonably have been anticipated when the Federal agency's time
periods for review were established. Any memorandum of
understanding shall be modified to incorporate any mutually
agreed-upon extensions.
(c) Dispute Resolution.--When the Secretary determines that a
Federal agency which is subject to a time period for its environmental
review or analysis under this section has failed to complete such
review, analysis, opinion, or decision on issuing any permit, license,
or approval within the established time period or within any agreed-upon
extension to such time period, the Secretary may, after notice and
consultation with such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with this
section, that an environmental issue related to the project that an
affected Federal agency has jurisdiction over by operation of Federal
law has not been resolved, the Secretary and the head of the Federal
agency shall resolve the
[[Page 112 STAT. 234]]
matter not later than 30 days after the date of the finding by the
Secretary.
(d) Participation of State Agencies.--For any project eligible for
assistance under chapter 1 of title 23, United States Code, a State, by
operation of State law, may require that all State agencies that have
jurisdiction by State or Federal law over environmental-related issues
that may be affected by the project, or that are required to issue any
environmental-related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be subject
to the coordinated environmental review process established under this
section unless the Secretary determines that a State's participation
would not be in the public interest. For a State to require State
agencies to participate in the review process, all affected agencies of
the State shall be subject to the review process.
(e) Assistance to Affected Federal Agencies.--
(1) In general.--The Secretary may approve a request by a
State to provide funds made available under chapter 1 of title
23, United States Code, to the State for the project subject to
the coordinated environmental review process established under
this section to affected Federal agencies to provide the
resources necessary to meet any time limits established under
this section.
(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
(A) for the additional amounts that the Secretary
determines are necessary for the affected Federal
agencies to meet the time limits for environmental
review; and
(B) if such time limits are less than the customary
time necessary for such review.
(f) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall affect
the reviewability of any final Federal agency action in a
district court of the United States or in the court of any
State.
(2) Savings clause.--Nothing in this section shall affect
the applicability of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal officer to
comply with or enforce any such statute.
(g) Federal Agency Defined.--In this section, the term ``Federal
agency'' means any Federal agency or any State agency carrying out
affected responsibilities required by operation of Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 109 the following:
``Sec. 110. Uniform transferability of Federal-aid highway funds
``(a) General Rule.--Notwithstanding any other provision of law but
subject to subsections (b) and (c), if at least 50 percent of a State's
apportionment under section 104 or 144 for a fiscal year or at least 50
percent of the funds set-aside under section 133(d) from the State's
apportionment section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such fiscal
year, then the State may transfer not to exceed 50 percent of such
apportionment or set aside to any
[[Page 112 STAT. 235]]
other apportionment of such State under section 104 or 144 for such
fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last sentence of
section 133(d)(1) or to section 104(f) or to section 133(d)(3). The
maximum amount that a State may transfer under this section of the
State's set-aside under section 133(d)(1) or 133(d)(2) for a fiscal year
may not exceed 25 percent of (1) the amount of such set-aside, less (2)
the amount of the State's set-aside under such section for fiscal year
1997.
``(c) Application to Certain CMAQ Funds.--The maximum amount that a
State may transfer under this section of the State's apportionment under
section 104(b)(2) for a fiscal year may not exceed 50 percent of (1) the
amount of such apportionment, less (2) the amount that the State's
apportionment under section 104(b)(2) for such fiscal year would have
been had the program been funded at $1,350,000,000. Any such funds
apportioned under section 104(b)(2) and transferred under this section
may only be obligated in geographic areas eligible for the obligation of
funds apportioned under section 104(b)(2).''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by inserting after the item relating to section 109 the
following:
``110. Uniform transferability of Federal-aid highway funds.''.
Subtitle D--Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting the
following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after
``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a State may,
at its discretion--
``(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, and users of highway
facilities; and
``(B) develop and implement projects and programs to
address the hazards.''; and
(D) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of this
paragraph) with paragraph (2) of such subsection (as
added by subparagraph (C) of this paragraph);
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety improvement
project, including a project described in subsection (a)'';
(3) in subsection (c) by striking ``on any public road
(other than a highway on the Interstate System).'' and inserting
the following: ``on--
``(1) any public road;
``(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail; or
``(3) any traffic calming measure.'';
(4) in subsection (e)--
[[Page 112 STAT. 236]]
(A) by striking ``apportioned to'' in the first
sentence and all that follows through ``shall be'' in
the second sentence; and
(B) by striking ``section 104(b)(1)'' and inserting
``section 104(b)''; and
(5) in subsections (f) and (g) by striking ``highway safety
improvement projects'' each place it appears and inserting
``safety improvement projects''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES. <<NOTE: Regulations. 23 USC 109
note.>>
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective and
nonredirective crash cushions in different road applications,
taking into consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors. The guidance shall include
recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance issued
under this subsection in evaluating the safety and cost-
effectiveness of utilizing different crash cushion designs and
determining whether directive or nonredirective crash cushions
or other safety appurtenances should be installed at specific
highway locations.
(b) Traffic Flow and Safety Applications of Road Barriers.--
(1) Study.--The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive
separation at all times between traffic, equipment, and workers
on highway construction projects. The study shall also address
how such technologies can be used to improve capacity and safety
at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
(2) Uses to consider.--In conducting the study, the
Secretary shall consider, at a minimum, uses of positive
separation technologies related to--
(A) separating workers from traffic flow when work
is in progress;
(B) providing additional safe work space by
utilizing adjacent and available traffic lanes during
off-peak hours;
(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak
hours as needed;
(D) mitigating congestion caused by construction
by--
(i) opening all adjacent and available lanes
to traffic during peak traffic hours; or
(ii) using reversible lanes to optimize
capacity of the highway by adjusting to
directional traffic flow; and
(E) permanent use of positive separation
technologies to create contraflow or reversible lanes to
increase the capacity of congested highways, bridges,
and tunnels.
[[Page 112 STAT. 237]]
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study. The report shall include
findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 157 and inserting the following:
``Sec. 157. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated solely on a rail line.
``(2) Multipurpose passenger motor vehicle.--The term
`multipurpose passenger motor vehicle' means a motor vehicle
with motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed on a truck chassis or
is constructed with special features for occasional off-road
operation.
``(3) National average seat belt use rate.--The term
`national average seat belt use rate' means, in the case of each
of calendar years 1996 through 2001, the national average seat
belt use rate for that year, as determined by the Secretary.
``(4) Passenger car.--The term `passenger car' means a motor
vehicle with motive power (except a multipurpose passenger motor
vehicle, motorcycle, or trailer) designed to carry not more than
10 individuals.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger motor
vehicle.
``(6) Savings to the federal government.--The term `savings
to the Federal Government' means the amount of Federal budget
savings relating to Federal medical costs (including savings
under the medicare and medicaid programs under titles XVIII and
XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as
determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body passenger motor
vehicle, including a convertible, an occupant restraint
system consisting of a lap belt or a lap belt and a
detachable shoulder belt; and
``(B) with respect to any other passenger motor
vehicle, an occupant restraint system consisting of
integrated lap and shoulder belts.
``(8) State seat belt use rate.--The term `State seat belt
use rate' means the rate of use of seat belts in passenger motor
vehicles in a State, as measured and submitted to the
Secretary--
``(A) for each of calendar years 1996 and 1997, by
the State, as weighted by the Secretary to ensure
national consistency in methods of measurement (as
determined by the Secretary); and
[[Page 112 STAT. 238]]
``(B) for each of calendar years 1998 through 2001,
by the State in a manner consistent with the criteria
established by the Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than September 1,
1998, and September 1 of each calendar year thereafter through September
1, 2002, the Secretary shall determine--
``(1)(A) which States had, for each of the previous calendar
years (in this subsection referred to as the `previous calendar
year') and the year preceding the previous calendar year, a
State seat belt use rate greater than the national average seat
belt use rate for that year; and
``(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt use
rate for the previous calendar year exceeds the national average
seat belt use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the State,
which shall be equal to the highest State seat belt use
rate for the State for any calendar year during the
period of 1996 through the calendar year preceding the
previous calendar year; and
``(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat
belt use rate for the previous calendar year over the
base seat belt use rate determined under subparagraph
(A).
``(c) Allocations.--
``(1) States with greater than the national average seat
belt use rate.--Not later than October 1, 1998, and each October
1 thereafter through October 1, 2002, the Secretary shall
allocate to each State described in subsection (b)(1)(A) an
amount equal to the amount determined for the State under
subsection (b)(1)(B).
``(2) Other states.--Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Secretary
shall allocate to each State described in subsection (b)(2) an
amount equal to the amount determined for the State under
subsection (b)(2)(B).
``(d) Use of Amounts.--For each fiscal year, each State that is
allocated an amount under this section shall use the amount for projects
eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of enactment
of this section, the Secretary shall establish criteria for the
measurement of State seat belt use rates by States to ensure that the
measurements are accurate and representative.
``(f) Innovative Seat Belt Project Allocations.--
``(1) In general.--The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to States
to carry out innovative projects to promote increased seat belt
use rates.
``(2) Determination of eligibility.--To be eligible to
receive an allocation under this subsection for a fiscal year, a
State shall--
``(A) develop a plan for innovative projects
described in paragraph (1); and
[[Page 112 STAT. 239]]
``(B) submit the plan to the Secretary not later
than March 1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1, 1998,
the Secretary shall establish criteria for the selection
of State plans for allocations under this subsection.
``(B) Selection.--The Secretary shall select State
plans for allocations under this subsection in
accordance with the criteria established under
subparagraph (A).
``(C) States.--In carrying out this paragraph, the
Secretary shall ensure, to the maximum extent
practicable, demographic and geographic diversity and a
diversity of seat belt use rates among the States
selected for allocations.
``(4) Allocation.--Not later than October 1, 1999, and each
October 1 thereafter through October 1, 2002, the Secretary
shall allocate funds to the States whose plans were selected
under paragraph (3).
``(5) Amount of allocations.--Subject to the availability of
unallocated amounts under subsection (g)(3), the amount of each
allocation to a State under this subsection shall be not less
than $100,000 for each fiscal year that is covered by a State
plan.
``(6) Use of allocations.--An allocation to a State under
this subsection shall be used to carry out the innovative seat
belt projects described in the State plan for which the
allocation is awarded.
``(7) Federal share.--The Federal share of the cost of an
innovative seat belt project under this section shall be 100
percent.
``(8) Period of availability.--Amounts allocated to a State
under this subsection shall remain available for obligation in
the State for a period of 3 years after the last day of the
fiscal year for which the amounts are allocated.
``(g) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $82,000,000 for fiscal year
1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal
year 2001, $112,000,000 for fiscal year 2002, and $112,000,000
for fiscal year 2003.
``(2) Proportionate adjustment.--If the total amounts to be
allocated under subsection (c) for any fiscal year would exceed
the amounts authorized for the fiscal year under paragraph (1),
the allocation to each State under subsection (c) shall be
reduced proportionately.
``(3) Use of unallocated funds.--
``(A) Fiscal year 1999.--To the extent that the
amounts made available for fiscal year 1999 under
paragraph (1) exceed the total amounts to be allocated
under subsection (c) for fiscal year 1999, the excess
amounts--
``(i) shall be apportioned in accordance with
section 104(b)(3);
``(ii) shall be considered to be sums made
available for expenditure on the surface
transportation program, except that the amounts
shall not be subject to section 133(d); and
[[Page 112 STAT. 240]]
``(iii) shall be available for any purpose
eligible for funding under section 133.
``(B) Fiscal years 2000 through 2003.--To the extent
that the amounts made available for any of fiscal years
2000 through 2003 under paragraph (1) exceed the total
amounts to be allocated under subsection (c) for the
fiscal year, the excess amounts shall be used to make
allocations under subsection (f).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
157 and inserting the following:
``157. Safety incentive grants for use of seat belts.''.
(c) <<NOTE: 23 USC 157 note.>> Savings Clause.--The amendment made
by subsection (a) shall not affect any funds apportioned or allocated
before the date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
``(a) General Authority.--The Secretary shall make a grant, in
accordance with this section, to any State that has enacted and is
enforcing a law that provides that any person with a blood alcohol
concentration of 0.08 percent or greater while operating a motor vehicle
in the State shall be deemed to have committed a per se offense of
driving while intoxicated (or an equivalent per se offense).
``(b) Grants.--For each fiscal year, funds authorized to carry out
this section shall be apportioned to each State that has enacted and is
enforcing a law meeting the requirements of subsection (a) in an amount
determined by multiplying--
``(1) the amount authorized to carry out this section for
the fiscal year; by
``(2) the ratio that the amount of funds apportioned to each
such State under section 402 for such fiscal year bears to the
total amount of funds apportioned to all such States under
section 402 for such fiscal year.
``(c) Use of Grants.--A State may obligate funds apportioned under
subsection (b) for any project eligible for assistance under this title.
``(d) Federal Share.--The Federal share of the cost of a project
funded under this section shall be 100 percent.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $55,000,000 for fiscal year
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal
year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year 2003.
``(2) Availability of funds.--Notwithstanding section
118(b)(2), the funds authorized by this subsection shall remain
available until expended.''.
[[Page 112 STAT. 241]]
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
Subtitle E--Finance
CHAPTER 1--TRANSPORTATION INFRASTRUCTURE <<NOTE: Transportation
Infrastructure Finance and Innovation Act of 1998. Grants. Inter-
governmental relations. Loans.>> FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE. <<NOTE: 23 USC 101 note.>>
This chapter may be cited as the ``Transportation Infrastructure
Finance and Innovation Act of 1998''.
SEC. 1502. FINDINGS. <<NOTE: 23 USC 181 note.>>
Congress finds that--
(1) a well-developed system of transportation infrastructure
is critical to the economic well-being, health, and welfare of
the people of the United States;
(2) traditional public funding techniques such as grant
programs are unable to keep pace with the infrastructure
investment needs of the United States because of budgetary
constraints at the Federal, State, and local levels of
government;
(3) major transportation infrastructure facilities that
address critical national needs, such as intermodal facilities,
border crossings, and multistate trade corridors, are of a scale
that exceeds the capacity of Federal and State assistance
programs in effect on the date of enactment of this Act;
(4) new investment capital can be attracted to
infrastructure projects that are capable of generating their own
revenue streams through user charges or other dedicated funding
sources; and
(5) a Federal credit program for projects of national
significance can complement existing funding resources by
filling market gaps, thereby leveraging substantial private co-
investment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``Sec. 181. Definitions
``In this subchapter, the following definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project,
including the cost of--
``(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land related to the project and improvements to land),
[[Page 112 STAT. 242]]
environmental mitigation, construction contingencies,
and acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this subchapter
with respect to a project.
``(3) Investment-grade rating.--The term `investment-grade
rating' means a rating category of BBB minus, Baa3, or higher
assigned by a rating agency to project obligations offered into
the capital markets.
``(4) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor
regulation), known as Rule 144A(a) of the Securities and
Exchange Commission and issued under the Securities Act of 1933
(15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
``(5) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 184 to provide a direct loan at a future date upon the
occurrence of certain events.
``(6) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
``(7) Local servicer.--The term `local servicer' means--
``(A) a State infrastructure bank established under
this title; or
``(B) a State or local government or any agency of a
State or local government that is responsible for
servicing a Federal credit instrument on behalf of the
Secretary.
``(8) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
``(9) Project.--The term `project' means--
``(A) any surface transportation project eligible
for Federal assistance under this title or chapter 53 of
title 49;
``(B) a project for an international bridge or
tunnel for which an international entity authorized
under Federal or State law is responsible.
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and
vehicles owned by the National Railroad Passenger
Corporation and components of magnetic levitation
transportation systems; and
[[Page 112 STAT. 243]]
``(D) a project for publicly owned intermodal
surface freight transfer facilities, other than seaports
and airports, if the facilities are located on or
adjacent to National Highway System routes or
connections to the National Highway System.
``(10) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with the financing of a project,
other than a Federal credit instrument.
``(11) Rating agency.--The term `rating agency' means a bond
rating agency identified by the Securities and Exchange
Commission as a Nationally Recognized Statistical Rating
Organization.
``(12) Secured loan.--The term `secured loan' means a direct
loan or other debt obligation issued by an obligor and funded by
the Secretary in connection with the financing of a project
under section 183.
``(13) State.--The term `State' has the meaning given the
term in section 101.
``(14) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(15) Substantial completion.--The term `substantial
completion' means the opening of a project to vehicular or
passenger traffic.
``Sec. 182. Determination of eligibility and project selection
``(a) Eligibility.--To be eligible to receive financial assistance
under this subchapter, a project shall meet the following criteria:
``(1) Inclusion in transportation plans and programs.--The
project--
``(A) shall be included in the State transportation
plan required under section 135; and
``(B) at such time as an agreement to make available
a Federal credit instrument is entered into under this
subchapter, shall be included in the approved State
transportation improvement program required under
section 134.
``(2) Application.--A State, a local servicer identified
under section 185(a), or the entity undertaking the project
shall submit a project application to the Secretary.
``(3) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance under
this subchapter, a project shall have eligible project
costs that are reasonably anticipated to equal or exceed
the lesser of--
``(i) $100,000,000; or
``(ii) 50 percent of the amount of Federal
highway assistance funds apportioned for the most
recently completed fiscal year to the State in
which the project is located.
``(B) Intelligent transportation system projects.--
In the case of a project principally involving the
installation
[[Page 112 STAT. 244]]
of an intelligent transportation system, eligible
project costs shall be reasonably anticipated to equal
or exceed $30,000,000.
``(4) Dedicated revenue sources.--Project financing shall be
repayable, in whole or in part, from tolls, user fees, or other
dedicated revenue sources.
``(5) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a State
or local government or an agency or instrumentality of a State
or local government, the project that the entity is undertaking
shall be publicly sponsored as provided in paragraphs (1) and
(2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish criteria
for selecting among projects that meet the eligibility criteria
specified in subsection (a).
``(2) Selection criteria.--
``(A) In general.--The selection criteria shall
include the following:
``(i) The extent to which the project is
nationally or regionally significant, in terms of
generating economic benefits, supporting
international commerce, or otherwise enhancing the
national transportation system.
``(ii) The creditworthiness of the project,
including a determination by the Secretary that
any financing for the project has appropriate
security features, such as a rate covenant, to
ensure repayment.
``(iii) The extent to which assistance under
this subchapter would foster innovative public-
private partnerships and attract private debt or
equity investment.
``(iv) The likelihood that assistance under
this subchapter would enable the project to
proceed at an earlier date than the project would
otherwise be able to proceed.
``(v) The extent to which the project uses new
technologies, including intelligent transportation
systems, that enhance the efficiency of the
project.
``(vi) The amount of budget authority required
to fund the Federal credit instrument made
available under this subchapter.
``(vii) The extent to which the project helps
maintain or protect the environment.
``(viii) The extent to which assistance under
this chapter would reduce the contribution of
Federal grant assistance to the project.
``(B) Preliminary rating opinion letter.--For
purposes of subparagraph (A)(ii), the Secretary shall
require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency
indicating that the project's senior obligations have
the potential to achieve an investment-grade rating.
``(c) Federal Requirements.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for transit projects,
and section 5333(a) of title 49 for rail projects, the following
provisions of law shall apply to funds made available under this
subchapter and projects assisted with the funds:
[[Page 112 STAT. 245]]
``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``Sec. 183. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more obligors
to make secured loans, the proceeds of which shall be used--
``(A) to finance eligible project costs; or
``(B) to refinance interim construction financing of
eligible project costs;
of any project selected under section 182.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later than
1 year after the date of substantial completion of the project.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each rating
agency providing a preliminary rating opinion letter under
section 182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each secured loan, taking into
account such letter.
``(4) Investment-grade rating requirement.--The funding of a
secured loan under this section shall be contingent on the
project's senior obligations receiving an investment-grade
rating, except that--
``(A) the Secretary may fund an amount of the
secured loan not to exceed the capital reserve subsidy
amount determined under paragraph (3) prior to the
obligations receiving an investment-grade rating; and
``(B) the Secretary may fund the remaining portion
of the secured loan only after the obligations have
received an investment-grade rating by at least 1 rating
agency.
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amount.--The amount of the secured loan shall
not exceed 33 percent of the reasonably anticipated eligible
project costs.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in part, from
tolls, user fees, or other dedicated revenue
sources; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
[[Page 112 STAT. 246]]
``(B) may have a lien on revenues described in
subparagraph (A) subject to any lien securing project
obligations.
``(4) Interest rate.--The interest rate on the secured loan
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan agreement.
``(5) Maturity date.--The final maturity date of the secured
loan shall be not later than 35 years after the date of
substantial completion of the project.
``(6) Nonsubordination.--The secured loan shall not be
subordinated to the claims of any holder of project obligations
in the event of bankruptcy, insolvency, or liquidation of the
obligor.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
``(8) Non-federal share.--The proceeds of a secured loan
under this subchapter may be used for any non-Federal share of
project costs required under this title or chapter 53 of title
49, if the loan is repayable from non-Federal funds.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on the
projected cash flow from project revenues and other repayment
sources.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``(4) Deferred payments.--
``(A) Authorization.--If, at any time during the 10
years after the date of substantial completion of the
project, the project is unable to generate sufficient
revenues to pay the scheduled loan repayments of
principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the
obligor to add unpaid principal and interest to the
outstanding balance of the secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
``(ii) be scheduled to be amortized over the
remaining term of the loan beginning not later
than 10 years after the date of substantial
completion of the project in accordance with
paragraph (1).
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Secretary.
``(ii) Repayment standards.--The criteria
established under clause (i) shall include
standards for reasonable assurance of repayment.
``(5) Prepayment.--
[[Page 112 STAT. 247]]
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the secured loan without penalty.
``(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from the
proceeds of refinancing from non-Federal funding
sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the
project if the Secretary determines that the sale or reoffering
can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the obligor
and the lender, with the consent of the Secretary.
``Sec. 184. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available lines
of credit to 1 or more obligors in the form of direct loans to
be made by the Secretary at future dates on the occurrence of
certain events for any project selected under section 182.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each rating
agency providing a preliminary rating opinion letter under
section 182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking into
account such letter.
``(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent
[[Page 112 STAT. 248]]
on the project's senior obligations receiving an investment-
grade rating from at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amounts.--
``(A) Total amount.--The total amount of the line of
credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(B) 1-year draws.--The amount drawn in any 1 year
shall not exceed 20 percent of the total amount of the
line of credit.
``(3) Draws.--Any draw on the line of credit shall represent
a direct loan and shall be made only if net revenues from the
project (including capitalized interest, any debt service
reserve fund, and any other available reserve) are insufficient
to pay the costs specified in subsection (a)(2).
``(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is
obligated.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in part, from
tolls, user fees, or other dedicated revenue
sources; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
``(B) may have a lien on revenues described in
subparagraph (A) subject to any lien securing project
obligations.
``(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of substantial
completion of the project and ending not later than 10 years
after that date.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party
creditor of the obligor shall not have any right against
the Federal Government with respect to any draw on the
line of credit.
``(B) Assignment.--An obligor may assign the line of
credit to 1 or more lenders or to a trustee on the
lenders' behalf.
``(8) Nonsubordination.--A direct loan under this section
shall not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall not
receive a secured loan or loan guarantee under section 183 of an
amount that, combined with the amount of the line of credit,
exceeds 33 percent of eligible project costs.
[[Page 112 STAT. 249]]
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under this
section based on the projected cash flow from project revenues
and other repayment sources.
``(2) Timing.--All scheduled repayments of principal or
interest on a direct loan under this section shall commence not
later than 5 years after the end of the period of availability
specified in subsection (b)(6) and be fully repaid, with
interest, by the date that is 25 years after the end of the
period of availability specified in subsection (b)(6).
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``Sec. 185. Project servicing
``(a) Requirement.--The State in which a project that receives
financial assistance under this subchapter is located may identify a
local servicer to assist the Secretary in servicing the Federal credit
instrument made available under this subchapter.
``(b) Agency; Fees.--If a State identifies a local servicer under
subsection (a), the local servicer--
``(1) shall act as the agent for the Secretary; and
``(2) may receive a servicing fee, subject to approval by
the Secretary.
``(c) Liability.--A local servicer identified under subsection (a)
shall not be liable for the obligations of the obligor to the Secretary
or any lender.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms in the field of municipal and project financ