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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Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended to read
as follows:
``(a) Definitions.--In this title, the following definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization laws.
``(2) Carpool project.--The term `carpool project' means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a
highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other debt
financing instruments and costs incurred by the State in
performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes--
``(A) locating, surveying, and mapping (including
the establishment of temporary and permanent geodetic
markers in accordance with specifications of the
National Oceanic and Atmospheric Administration of the
Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway grade
crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate and
control traffic flow, such as grade separation of
intersections, widening of lanes, channelization of
traffic, traffic control systems, and passenger loading
and unloading areas; and
``(H) capital improvements that directly facilitate
an effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale
installation, and scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States that do not
have county organizations and, in those States in which the
county government does not have jurisdiction over highways, any
local government unit vested with jurisdiction over local
highways.
``(5) Federal-aid highway.--The term `Federal-aid highway'
means a highway eligible for assistance under this chapter other
than a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that is
a public road.
``(8) Forest development roads and trails.--The term `forest
development roads and trails' means forest roads and trails
under the jurisdiction of the Forest Service.
``(9) Forest highway.--The term `forest highway' means a
forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel.
``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving the National Forest System that is
necessary for the protection, administration, and utilization of
the National Forest System and the use and development of its
resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway
crossing, tunnel, drainage structure, sign, guardrail,
and protective structure, in connection with a highway;
and
``(C) a portion of any interstate or international
bridge or tunnel and the approaches thereto, the cost of
which is assumed by a State transportation department,
including such facilities as may be required by the
United States Customs and Immigration Services in
connection with the operation of an international bridge
or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located within or
provides access to an Indian reservation or Indian trust land
or restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally
available to Indians under Federal laws specifically applicable
to Indians.
``(13) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate and
Defense Highways described in section 103(c).
``(14) Maintenance.--The term `maintenance' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-control
devices as are necessary for safe and efficient utilization of
the highway.
``(15) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(17) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated
with the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term `operational
improvement'--
``(A) means (i) a capital improvement for
installation of traffic surveillance and control
equipment, computerized signal systems, motorist
information systems, integrated traffic control systems,
incident management programs, and transportation demand
management facilities, strategies, and programs, and
(ii) such other capital improvements to public roads as
the Secretary may designate, by regulation; and
``(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional
lanes, interchanges, and grade separations, and
construction of a new facility on a new location.
``(19) Park road.--The term `park road' means a public road,
including a bridge built primarily for pedestrian use, but with
capacity for use by emergency vehicles, that is located within,
or provides access to, an area in the National Park System with
title and maintenance responsibilities vested in the United
States.
``(20) Parkway.--The term `parkway', as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on
lands to which title is vested in the United States.
``(21) Project.--The term `project' means an undertaking to
construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
``(23) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or toll-
free facilities.
``(24) Public lands development roads and trails.--The term
`public lands development roads and trails' means those roads
and trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and utilization of public lands and resources
under the control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public lands
highway' means a forest road under the jurisdiction of and
maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public lands,
nontaxable Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority and open to
public travel.
``(26) Public lands highways.--The term `public lands
highways' means those main highways through unappropriated or
unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
``(27) Public road.--The term `public road' means any road
or street under the jurisdiction of and maintained by a public
authority and open to public travel.
``(28) Refuge road.--The term `refuge road' means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
``(29) Rural areas.--The term `rural areas' means all areas
of a State not included in urban areas.
``(30) Safety improvement project.--The term `safety
improvement project' means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority control
systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or
installs traffic control or warning devices at locations with
high accident potential.
``(31) Secretary.--The term `Secretary' means Secretary of
Transportation.
``(32) State.--The term `State' means any of the 50 States,
the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds' includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation department.
``(34) State transportation department.--The term `State
transportation department' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
``(35) Transportation enhancement activities.--The term
`transportation enhancement activities' means, with
respect to any project or the area to be served by the project,
any of the following activities if such activity relates to
surface transportation: provision of facilities for pedestrians
and bicycles, provision of safety and educational activities for
pedestrians and bicyclists, acquisition of scenic easements and
scenic or historic sites, scenic or historic highway programs
(including the provision of tourist and welcome center
facilities), landscaping and other scenic beautification,
historic preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of
abandoned railway corridors (including the conversion and use
thereof for pedestrian or bicycle trails), control and removal
of outdoor advertising, archaeological planning and research,
environmental mitigation to address water pollution due to
highway runoff or reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity, and establishment of
transportation museums.
``(36) Urban area.--The term `urban area' means an urbanized
area or, in the case of an urbanized area encompassing more than
one State, that part of the urbanized area in each such State,
or urban place as designated by the Bureau of the Census having
a population of 5,000 or more and not within any urbanized area,
within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval by
the Secretary. Such boundaries shall encompass, at a minimum,
the entire urban place designated by the Bureau of the Census,
except in the case of cities in the State of Maine and in the
State of New Hampshire.
``(37) Urbanized area.--The term `urbanized area' means an
area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urbanized area within
a State as designated by the Bureau of the Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate
System)'';
(2) in subsection (e) by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and State
in accordance with sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall be
considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.
``(2) Safety considerations.--Transportation plans and
projects shall provide due consideration for safety and
contiguous routes for bicyclists and pedestrians. Safety
considerations shall include the installation, where
appropriate, and maintenance of audible traffic signals and
audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized vehicles
shall'' and inserting ``Motorized vehicles may not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local regulations
permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following:
``(4) when State or local regulations permit, electric
bicycles; and''; and
(7) by striking subsection (j) and inserting the following:
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means a new or improved lane, path, or
shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
``(2) Electric bicycle.--The term `electric bicycle' means
any bicycle or tricycle with a low-powered electric motor
weighing under 100 pounds, with a top motor-powered speed not in
excess of 20 miles per hour.
``(3) Pedestrian.--The term `pedestrian' means any person
traveling by foot and any mobility-impaired person using a
wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.''.
(b) Design Guidance.-- <<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:
``(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:
``(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--
``(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).
``(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
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
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.
``(2) Contents.--The transportation improvement program
shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried out
within each 3-year period after the initial adoption of
the transportation improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation
improvement program can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the
approved transportation improvement program if
reasonable additional resources beyond those
identified in the financial plan were available.
``(3) Included projects.--
``(A) Projects under this chapter and chapter 53 of
title 49.--A transportation improvement program
developed under this subsection for a metropolitan area
shall include the projects and strategies within the
area that are proposed for funding under this chapter
and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item or identified individually in the
transportation improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection (g)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(4) Notice and comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall,
in cooperation with the State and any affected public transit
operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice of
and an opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
improvement program development required under paragraph
(1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried
out, from the approved transportation improvement
program--
``(i) by--
``(I) in the case of projects under
this chapter, the State; and
``(II) in the case of projects under
chapter 53 of title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the metropolitan
planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement
program in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation improvement
programs.--A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of projects.--
An annual listing of projects for which Federal funds
have been obligated in the preceding year shall be
published or otherwise made available by the
metropolitan planning organization for public review.
The listing shall be consistent with the categories
identified in the transportation improvement program.''.
(i) Transportation Management Areas.--
(1) <<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.--
``(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.
``(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.''.
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
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
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
or identified individually in the transportation
improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be--
``(i) consistent with the long-range
transportation plan developed under this section
for the State;
``(ii) identical to the project as described
in an approved metropolitan transportation
improvement program; and
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as nonattainment for ozone or carbon
monoxide under such Act.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(E) Financial plan.--The transportation
improvement program may include a financial plan that
demonstrates how the approved transportation improvement
program can be implemented, indicates resources from
public and private sources that are reasonably expected
to be made available to carry out the plan, and
recommends any additional financing strategies for
needed projects and programs. The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(F) Selection of projects from illustrative
list.--
``(i) No required selection.--Notwithstanding
subparagraph (E), a State shall not be required to
select any project from the illustrative list of
additional projects included in the financial plan
under subparagraph (E).
``(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (E) for
inclusion in an approved transportation
improvement program.
``(G) Priorities.--The program shall reflect the
priorities for programming and expenditures of funds,
including transportation enhancement activities,
required by this title.
``(3) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas
with populations of less than 50,000 individuals
(excluding projects carried out on the National Highway
System and projects carried out under the bridge program
or the Interstate maintenance program) shall be
selected, from the approved statewide transportation
improvement program, by the State in cooperation with
the affected local officials.
``(B) National highway system projects.--Projects
carried out in areas described in subparagraph (A) on
the National Highway System and projects carried out in
such areas under the bridge program or the Interstate
maintenance program shall be selected, from the approved
statewide transportation improvement program, by the
State in consultation with the affected local officials.
``(4) Biennial review and approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which the program was developed is consistent with this section,
section 134, and sections 5303 through 5305 of title 49,
approved not less frequently than biennially by the Secretary.
``(5) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not be
required to advance a project included in the approved statewide
transportation improvement program in place of another project
in the program.''.
(g) Funding.--Section 134(g) of <<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
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
(ii) the source and amount, if any, of funds
derived from Federal, State, or local government
sources supporting ferry construction or
operations;
(B) to identify potential domestic ferry routes in
the United States and its possessions and to develop
information on those routes; and
(C) to identify the potential for use of high-speed
ferry services and alternative-fueled ferry services.
(2) Report.--The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section 140(a) of
title 23, United States Code, is amended by inserting after the third
sentence the following: ``In implementing such programs, a State may
reserve training positions for persons who receive welfare assistance
from such State; except that the implementation of any such program
shall not cause current employees to be displaced or current positions
to be supplanted or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program registered
with the Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title without
regard to the length of time of their participation in such program.''.
(b) Highway Training.--Section 140(b) of such title is amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the following:
``, and to develop and fund summer transportation
institutes''; and
(2) in the second sentence by striking ``104(b)'' and
inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is amended by
striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is amended--
(1) by striking ``A State'' and inserting the following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a
State may permit a vehicle with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title. Such
permission may be revoked by the State should the State
determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. <<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.
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
actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the project on
the right-of-way, whichever occurs first--
(i) the Highway Trust Fund (other than the
Mass Transit Account) shall be credited with an
amount equal to the Federal share of the funds
advanced, as provided in section 120 of title 23,
United States Code, out of any Federal-aid highway
funds apportioned to the State in which the
project is located and available for obligation
for projects of the type funded; and
(ii) the State shall reimburse the Secretary
in an amount equal to the non-Federal share of the
funds advanced for deposit in, and credit to, the
Highway Trust Fund (other than the Mass Transit
Account).
(g) Pilot Toll Collection Program.--Section 129 of title 23, United
States Code, is amended by striking subsection (d).
(h) Congressional Bridge Commissions.--Public Law 87-441 (76 Stat.
59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) is
amended--
(A) by striking paragraph (5)(B)(iii)(I)(ff) and
inserting the following:
``(ff) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina, including a
connection to Andrews following the
route 41 corridor and to Camden
following the U.S. Route 521 corridor;
and'';
(B) by striking paragraph (5)(B)(iii)(II)(hh) and
inserting the following:
``(hh) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina.'';
(C) in paragraph (9) by inserting after ``New York''
the following: ``, including United States Route 322
between United States Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor from
Indianapolis,'' and inserting the following:
``(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69 through
Indianapolis,''; and
(ii) by striking ``and to include'' and
inserting the following: ``as follows:
``(A) In Michigan, the corridor shall be from
Sarnia, Ontario, Canada, southwesterly along Interstate
Route 94 to the Ambassador Bridge interchange in
Detroit, Michigan.
``(B) In Michigan and Illinois, the corridor shall
be from Windsor, Ontario, Canada, through Detroit,
Michigan, westerly along Interstate Route 94 to Chicago,
Illinois.
``(C) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
``(i) follow the alignment generally
identified in the Corridor 18 Special Issues Study
Final Report; and
``(ii) include a connection between the
Corridor in the vicinity of Monticello, Arkansas,
to Pine Bluff, Arkansas.
``(D) In the Lower Rio Grande Valley, the Corridor
shall--
``(i) include United States Route 77 from the
Rio Grande River to Interstate Route 37 at Corpus
Christi, Texas, and then to Victoria, Texas, via
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.
``(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).
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)--
(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
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.--
(i) In general.--In consultation with the
Secretary, the State of Colorado shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(A),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation with the
Secretary, the State of Louisiana shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(C) Maine.--
(i) In general.--In consultation with the
Secretary, the State of Maine shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation with the
Secretary, the State of New Hampshire shall
conduct a study analyzing the economic, safety,
and infrastructure impacts of the exemption
provided by the amendment made by paragraph
(1)(B), including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(E) Applicability of title 23, united states code.--
Funds authorized by this paragraph shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code; except that such funds shall remain available
until expended.
(k) Driver Training and Safety Center.--
(1) <<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.
(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.
(2) Applicability of title