Moving Americans into the 21st Century
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TEA-21 - Transportation Equity Act for the
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TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United States
Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 for
fiscal year 1999, $3,994,524,000 for fiscal year 2000,
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal
year 2002, and $4,217,635,000 for fiscal year 2003.
(2) National highway system.--For the National Highway
System under section 103 of such title $4,112,480,000 for fiscal
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000
for fiscal year 2000, $4,887,986,000 for fiscal year 2001,
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for
fiscal year 2003.
(3) Bridge program.--For the bridge program under section
144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) Appalachian development highway system program.--For the
Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40 U.S.C.
App.) $450,000,000 for each of fiscal years 1999 through 2003.
(7) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such title
$225,000,000 for fiscal year 1998 and $275,000,000 for
each of fiscal years 1999 through 2003.
(B) Public lands highways.--For public lands
highways under section 204 of such title $196,000,000
for fiscal year 1998 and $246,000,000 for each of fiscal
years 1999 through 2003.
(C) Park roads and parkways.--For park roads and
parkways under section 204 of such title $115,000,000
for fiscal year 1998 and $165,000,000 for each of fiscal
years 1999 through 2003.
(D) Refuge roads.--For refuge roads under section
204 of such title $20,000,000 for each of fiscal years
1999 through 2003.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the national
corridor planning and development and coordinated border
infrastructure programs under sections 1118 and 1119 of this Act
$140,000,000 for each of fiscal years 1999 through 2003.
(10) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and 1999,
$24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for
each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000 for
each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998 through
2003.
(b) Disadvantaged Business Enterprises.-- <<NOTE: 23 USC 101
note.>>
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small
business concern'' has the meaning such term has under
section 3 of the Small Business Act (15 U.S.C. 632);
except that such term shall not include any concern or
group of concerns controlled by the same socially and
economically disadvantaged individual or individuals
which has average annual gross receipts over the
preceding 3 fiscal years in excess of $16,600,000, as
adjusted by the Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning such term
has under section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
promulgated pursuant thereto; except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) <<NOTE: Notification.>> Annual listing of disadvantaged
business enterprises.--Each State shall annually survey and
compile a list of the small business concerns referred to in
paragraph (1)
and the location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns which
are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by individuals
who are women and are otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include, but not
be limited to on-site visits, personal interviews, licenses,
analysis of stock ownership, listing of equipment, analysis of
bonding capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of this
Act, if the entity or person is prevented, in whole or in part,
from complying with paragraph (1) because a Federal court issues
a final order in which the court finds that the requirement of
paragraph (1), or the program established under paragraph (1),
is unconstitutional.
(6) <<NOTE: Reports.>> Review by comptroller general.--Not
later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a review
of, and publish and report to Congress findings and conclusions
on, the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of--
(A) in the case of small business concerns certified
in each State under paragraph (4) as owned and
controlled by socially and economically disadvantaged
individuals--
(i) the number of the small business concerns;
and
(ii) the participation rates of the small
business concerns in prime contracts and
subcontracts funded under titles I, III, and V of
this Act;
(B) in the case of small business concerns described
in subparagraph (A) that receive prime contracts and
subcontracts funded under titles I, III, and V of this
Act--
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small
business concerns; and
(iii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(C) in the case of small business concerns described
in subparagraph (A) that do not receive prime contracts
and subcontracts funded under titles I, III, and V of
this Act--
(i) the annual gross receipts of the small
business concerns; and
(ii) the net worth of socially and
economically disadvantaged individuals that own
and control the small business concerns;
(D) in the case of business concerns that receive
prime contracts and subcontracts funded under titles I,
III, and
V of this Act, other than small business concerns
described in subparagraph (B)--
(i) the annual gross receipts of the business
concerns; and
(ii) the net worth of individuals that own and
control the business concerns;
(E) the rate of graduation from any programs carried
out to comply with the requirement of paragraph (1) for
small business concerns owned and controlled by socially
and economically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including administrative
costs, certification costs, additional construction
costs, and litigation costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns
owned and controlled by socially and economically
disadvantaged individuals;
(H)(i) any other factors limiting the ability of
small business concerns owned and controlled by socially
and economically disadvantaged individuals to compete
for prime contracts and subcontracts funded under titles
I, III, and V of this Act; and
(ii) the extent to which any of those factors are
caused, in whole or in part, by discrimination based on
race, color, national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies
owned and controlled by socially and economically
disadvantaged individuals in public and private
transportation contracting and the financial, credit,
insurance, and bond markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of--
(i) the issuance of a final order described in
paragraph (5) by a Federal court that suspends a
program established under paragraph (1); or
(ii) the repeal or suspension of State or
local disadvantaged business enterprise programs;
and
(K) the impact of the requirement of paragraph (1),
and any program carried out to comply with paragraph
(1), on competition and the creation of jobs, including
the creation of jobs for socially and economically
disadvantaged individuals.
SEC. 1102. OBLIGATION CEILING. <<NOTE: 23 USC 104 note.>>
(a) General Limitation.--Notwithstanding any other provision of law
but subject to subsections (g) and (h), the obligations for Federal-aid
highway and highway safety construction programs shall not exceed--
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of this Act; and
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount
equal to $639,000,000 per fiscal year.
(c) Distribution of Obligation Authority.--For each of fiscal years
1998 through 2003, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the highway
use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection
(a) for such fiscal year less the aggregate of amounts
not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 201 of the Appalachian Regional Development Act of 1965,
the Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of such
title (relating to minimum guarantee) so that amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined
under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph
(4) for each of the programs that are allocated by the Secretary
under this Act and title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5) for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee program,
but only to the extent that amounts apportioned for the minimum
guarantee program for such fiscal year exceed $2,639,000,000,
and the Appalachian development highway system program) that are
apportioned by the Secretary under this Act and title 23, United
States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall after August 1 of each of fiscal
years 1998 through 2003 revise a distribution of the obligation
authority made available under subsection (c) if a State will not
obligate the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition
to those previously distributed during that fiscal year giving priority
to those States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code, under
section 160 of title 23, United States Code (as in effect on the day
before the date of enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-1945).
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--Obligation limitations imposed by subsection (a)
shall apply to transportation research programs carried out under
chapter 3 of title 23, United States Code, and under title VI of this
Act.
(f) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation authority under
subsection (c) for each of fiscal years 1998 through 2003, the Secretary
shall distribute to the States any funds (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highway programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and chapter 4 of title 23, United States Code, and
(2) that the Secretary determines will not be allocated to the States,
and will not be available for obligation, in such fiscal year due to the
imposition of any
obligation limitation for such fiscal year. Such distribution to the
States shall be made in the same ratio as the distribution of obligation
authority under subsection (c)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of title 23,
United States Code.
(g) Special Rule.--Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) Increase in Obligation Limit.--Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by an
amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with this
section.
(i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all
obligations under section 104(a) of title 23, United States Code, shall
not exceed--
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the minimum
guarantee program under section 105, the Federal lands highway
program under section 204, or the Appalachian development
highway system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to exceed 1\1/2\ percent of
all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law to be
financed from appropriations for the Federal-aid highway
program and programs authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary
shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title <<NOTE: 23 USC
104.>> is amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States in
the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in each State;
bears to
``(II) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on
highways in each State; bears to
``(II) the total diesel fuel used on
highways in all States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by
dividing the total lane miles on
principal arterial highways in each
State by the total population of the
State; bears to
``(II) the quotient obtained by
dividing the total lane miles on
principal arterial highways in all
States by the total population of all
States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, in the ratio that--
``(i) the total of all weighted nonattainment
and maintenance area populations in each State;
bears to
``(ii) the total of all weighted nonattainment
and maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a maintenance
area; or
``(II) at the time of the
apportionment, the area is classified as
a submarginal ozone nonattainment area
under the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified as a serious
ozone nonattainment area under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified as a severe
ozone nonattainment area under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a nonattainment or
maintenance area as described in section 149(b)
for ozone, but is classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section
149(b) for carbon monoxide.
``(C) Additional adjustment for carbon monoxide
areas.--
``(i) Carbon monoxide nonattainment areas.--
If, in addition to being classified as a
nonattainment or maintenance area for ozone, the
area was also classified under subpart 3 of part D
of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b)
for carbon monoxide, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If,
in addition to being classified as a nonattainment
or maintenance area for ozone, the area was at one
time also classified under subpart 3 of part D of
title I
of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a
maintenance area, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph,
the Secretary shall use the latest available annual
estimates prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 40 percent of the apportionments in the
ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 35 percent of the apportionments in
the ratio that--
``(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under this
paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate
System routes open to traffic in each State; bears
to
``(ii) the total of all such lane miles in all
States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on
lanes on Interstate System routes designated
under--
``(I) section 103;
``(II) section 139(a) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century) before March 9, 1984
(other than routes on toll roads not
subject to a Secretarial agreement under
section 105 of the Federal-Aid Highway
Act of 1978 (92 Stat. 2692)); and
``(III) section 139(c) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles
traveled in all States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual
contributions to the Highway Trust Fund (other
than the Mass Transit Account) attributable to
commercial vehicles; bears to
``(ii) the total of such annual contributions
by all States.
(c) Operation Lifesaver and High Speed Rail Corridors.--Section
104(d) of such title <<NOTE: 23 USC 104.>> is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside $500,000 for
such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of
funds under subsection (b)(3) for a fiscal year, the
Secretary shall set aside $5,250,000 of the funds made
available for the surface transportation program for the
fiscal year for elimination of hazards of railway-
highway crossings.
``(B) Eligible corridors.--Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in--
``(i) 5 railway corridors selected by the
Secretary in accordance with this subsection (as
in effect on the day before the date of enactment
of this clause);
``(ii) 3 railway corridors selected by the
Secretary in accordance with subparagraphs (C) and
(D);
``(iii) a Gulf Coast high speed railway
corridor (as designated by the Secretary);
``(iv) a Keystone high speed railway corridor
from Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from
New York City to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.
``(D) Considerations in corridor selection.--In
selecting corridors under subparagraph (B), the
Secretary shall consider--
``(i) projected rail ridership volume in each
corridor;
``(ii) the percentage of each corridor over
which a train will be capable of operating at its
maximum cruise speed taking into account such
factors as topography and other traffic on the
line;
``(iii) projected benefits to nonriders such
as congestion relief on other modes of
transportation serving each corridor (including
congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial
support that can reasonably be anticipated for the
improvement of the line and related facilities;
and
``(v) the cooperation of the owner of the
right-of-way that can reasonably be expected in
the operation of high speed rail passenger service
in each corridor.
``(E) Certain improvements.--Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-
Chicago segment of the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is
authorized to be appropriated $15,000,000 for each of
fiscal years 1999 through 2003 to carry out this
subsection.''.
(d) Certification of Apportionments.--Section 104(e) of such title
is amended-- <<NOTE: 23 USC 104.>>
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day of
a fiscal year beginning after September 30, 1998, the Secretary
shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of this
subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of such title
is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such title is
amended to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out the
recreational trails program under section 206, the Secretary
shall deduct an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary
may enter into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such title is
amended <<NOTE: 23 USC 104.>> by striking subsection (i) and inserting
the following:
``(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the Office of
Inspector General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with section 3521 of
title 31.''.
(h) Report on Obligations.--Section 104 of such title is amended by
striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to Congress a
report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State by
fiscal year under this section and sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such highways
and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of such
title is amended <<NOTE: 23 USC 104.>> by inserting after subsection
(j) the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available under
this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except that
the provisions of this title relating to the non-Federal share
shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available under
chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with this
title, except that the provisions of such chapter relating to
the non-Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as the
funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Section 104 of such title is amended by adding at the end the following:
``(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Notwithstanding any other provision of law, deposits into the Highway
Trust Fund resulting from the application of section 901(e) of the
Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity Act for the
21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first
year'' and inserting ``In general''; and
(II) by striking ``104(b)(2),
104(b)(5), and 104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by
clause (ii)) by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph
(1)''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Withholding of Funds.--No funds withheld under this
section from apportionment to any State after September 30, 1988, shall
be available for apportionment to that State.''.
(3)(A) Section 115(b)(1) of such title is amended <<NOTE: 23
USC 115.>> by striking ``104(b)(5)'' and inserting
``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by striking
``section 104(b)(5)(B) of this title'' and inserting ``section
104(b)(4)''.
(C) Section 141(c) of such title is amended by striking
``section 104(b)(5) of this title'' each place it appears and
inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by striking
``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A) by
striking ``section 104(b)(5)(A)'' each place it
appears and inserting ``section 104(b)(5)(A) (as
in effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century)'';
(II) in paragraph (1)(A)(ii) by striking
``section 104(b)(5)(B)'' and inserting ``section
104(b)(5)(B) (as in effect on the day before the
date of enactment of the Transportation Equity Act
for the 21st Century)'';
(III) in paragraph (3)(B) by striking
``(5)(B)'' and inserting ``(5)(B) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)'';
and
(IV) in paragraphs (3) and (4) by striking
``section 104(b)(5)'' each place it appears and
inserting ``section 104(b)(5) (as in effect on the
day before the date of enactment of the
Transportation Equity Act for the 21st Century)''.
(F) Section 161(a) of such title is amended by striking
``paragraphs (1), (3), and (5)(B) of section 104(b)'' each place
it appears and inserting ``paragraphs (1), (3), and (4) of
section 104(b)''.
(4) Section 142(b) of such title is amended by striking
``paragraph (5) of subsection (b) of section 104 of this title''
and inserting ``section 104(b)(4)''.
(m) <<NOTE: 23 USC 104 note.>> Adjustments for the Surface
Transportation Extension Act of 1997.--
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the total
apportionments for a State (other than Massachusetts) for fiscal
year 1998 made under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) shall be reduced
by the amount apportioned to such State (other than
Massachusetts) under section 1003(d)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal year
1998 and adjusted under paragraph (1) shall first be used to
restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required by
paragraph (1), then the Secretary shall make an adjustment to
any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other provision
of law, amounts made available for fiscal year 1998 by the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) for a program that is continued by
both of sections 4, 5, 6, and 7 of the Surface Transportation
Extension Act of 1997 (including amendments made by such
sections) and the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be reduced by the
amount made available by such sections 4, 5, 6, and 7 for such
programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be considered
to be an amount of obligation authority made available for
fiscal year 1998 under section 1102(a) of this Act.
(n) <<NOTE: 23 USC 101 note.>> State Defined.--For the purposes of
apportioning funds under sections 104, 105, 144, and 206, the term
``State'' means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through 2003, the
Secretary shall allocate among the States amounts sufficient to ensure
that each State's percentage of the total apportionments for such fiscal
year of Interstate maintenance, national highway system, bridge,
congestion mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and recreational
trails programs shall equal the percentage listed for each State in
subsection (b).
``(b) State Percentages.--The percentage for each State referred to
in subsection (a) shall be determined in accordance with the following
table:
``States: Percentage
Alabama................................................. 2.0269
Alaska.................................................. 1.1915
Arizona................................................. 1.5581
Arkansas................................................ 1.3214
California.............................................. 9.1962
Colorado................................................ 1.1673
Connecticut............................................. 1.5186
Delaware................................................ 0.4424
District of Columbia.................................... 0.3956
Florida................................................. 4.6176
Georgia................................................. 3.5104
Hawaii.................................................. 0.5177
Idaho................................................... 0.7718
Illinois................................................ 3.3819
Indiana................................................. 2.3588
Iowa.................................................... 1.2020
Kansas.................................................. 1.1717
Kentucky................................................ 1.7365
Louisiana............................................... 1.5900
Maine................................................... 0.5263
Maryland................................................ 1.5087
Massachusetts........................................... 1.8638
Michigan................................................ 3.1535
Minnesota............................................... 1.4993
Mississippi............................................. 1.2186
Missouri................................................ 2.3615
Montana................................................. 0.9929
Nebraska................................................ 0.7768
Nevada.................................................. 0.7248
New Hampshire........................................... 0.5163
New Jersey.............................................. 2.5816
New Mexico.............................................. 0.9884
New York................................................ 5.1628
North Carolina.......................................... 2.8298
North Dakota............................................ 0.6553
Ohio.................................................... 3.4257
Oklahoma................................................ 1.5419
Oregon.................................................. 1.2183
Pennsylvania............................................ 4.9887
Rhode Island............................................ 0.5958
South Carolina.......................................... 1.5910
South Dakota............................................ 0.7149
Tennessee............................................... 2.2646
Texas................................................... 7.2131
Utah.................................................... 0.7831
Vermont................................................. 0.4573
Virginia................................................ 2.5627
Washington.............................................. 1.7875
West Virginia........................................... 1.1319
Wisconsin............................................... 1.9916
Wyoming................................................. 0.6951
``(c) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each program
referred to in subsection (a) (other than metropolitan planning,
minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs) is
equal to the amount determined by multiplying the amount to be
apportioned under this paragraph by the ratio that--
``(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a
fiscal year; bears to
``(B) the total amount of funds apportioned to all
States for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall apportion
the remainder of funds made available under this section to the
States in accordance with section 104(b)(3); except that
requirements of paragraphs (1), (2), and (3) of section 133(d)
shall not apply to amounts apportioned pursuant to this
paragraph.
``(d) Authorization.--There are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) such sums
as may be necessary to carry out this section for each of fiscal years
1998 through 2003.
``(e) Special Rule.--If in any of fiscal years 1999 through 2003,
the amount authorized under subsection (d) is more than 30 percent
higher than the amount authorized under subsection (d) in fiscal year
1998, the Secretary shall use the apportionment factors under sections
104 and 144 as in effect on the date of enactment of this section.
``(f) Guarantee of 90.5 Return.--
``(1) In general.--Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the
Secretary, subject to paragraph (2), shall adjust the
percentages in the table in subsection (b) to reflect the
estimated percentage of estimated tax payments attributable to
highway users in each State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal year
for which data is available, to ensure that no State's return
from such Trust Fund is less than 90.5 percent.
``(2) Eligibility threshold for initial adjustment.--The
Secretary may make an adjustment under paragraph (1) for a State
for a fiscal year only if the State's return from the Highway
Trust Fund (other than the Mass Transit Account) for the
preceding fiscal year was equal to or less than 90.5 percent.
``(3) Conforming adjustments.--After making any adjustments
under paragraph (1) for a fiscal year, the Secretary shall
adjust the remaining percentages in the table set forth in
subsection (b) to ensure that the total of the percentages in
the table do not exceed 100 percent for such fiscal year.
``(4) Limitation on adjustments.--After making any
adjustments under paragraph (3) for a fiscal year, the Secretary
shall determine whether or not any State's return from the
Highway Trust Fund (other than the Mass Transit Account) is less
than 90.5 percent as a result of such adjustments and shall
adjust the percentages in the table for such fiscal year
accordingly. Adjustments of the percentages in the table under
this paragraph may not result in the total of such percentages
exceeding 100 percent.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 105 and inserting
the following:
``105. Minimum guarantee.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 110 and inserting the following:
``Sec. 110. Revenue aligned budget authority
``(a) Determination of Amount.--On October 15 of fiscal year 1999,
and each fiscal year thereafter, the Secretary shall allocate an amount
of funds equal to the amount determined pursuant to section
251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).
``(b) General Distribution.--The Secretary shall--
``(1) determine the ratio that--
``(A) the sums authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit
Account) for each of the for Federal-aid highway and
highway safety construction programs (other than the
minimum guarantee program) for which funds are allocated
from such Trust Fund by the Secretary under this title
and the Transportation Equity Act for the 21st Century
for a fiscal year, bears to
``(B) the total of all sums authorized to be
appropriated from such Trust Fund for such programs for
such fiscal year;
``(2) multiply the ratio determined under paragraph (1) by
the total amount of funds to be allocated under subsection (a)
for such fiscal year;
``(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that--
``(A) the sums authorized to be appropriated from
such Trust Fund for each of such programs for such
fiscal year, bears to
``(B) the sums authorized to be appropriated from
such Trust Fund for all such programs for such fiscal
year; and
``(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in the
ratio that--
``(A) the total of all funds authorized to be
appropriated from such Trust Fund for Federal-aid
highway and highway safety construction programs that
are apportioned to each State for such fiscal year but
for this section, bears to
``(B) the total of all funds authorized to be
appropriated from such Trust Fund for such programs that
are apportioned to all States for such fiscal year but
for this section.
``(c) State Programmatic Distribution.--Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal year, the
Secretary shall ensure that such funds are apportioned for the
Interstate Maintenance program, the National Highway System program, the
bridge program, the surface transportation program, and the congestion
mitigation air quality improvement program in the same ratio that each
State is apportioned funds for such programs for such fiscal year but
for this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section for
fiscal years beginning after September 30, 1998.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 110 and inserting
the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS. <<NOTE: 23 USC 103 note.>>
(a) Administration of National Highway System and Interstate
Maintenance Program.--The Secretary shall administer the National
Highway System program and the Interstate Maintenance program as a
combined program for purposes of allowing States maximum flexibility.
References in this Act and title 23, United States Code, shall not be
affected by such consolidation.
(b) Federal-Aid Systems.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation facilities
depicted on the map submitted by the Secretary to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996. The system shall--
``(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation
facilities and other major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The Interstate System described in subsection
(c).
``(B) Other urban and rural principal arterial
routes.
``(C) Other connector highways (including toll
facilities) that provide motor vehicle access between
arterial routes on the National Highway System and a
major intermodal transportation facility.
``(D) A strategic highway network consisting of a
network of highways that are important to the United
States strategic defense policy and that provide defense
access, continuity, and emergency capabilities for the
movement of personnel, materials, and equipment in both
peacetime and wartime. The highways may be highways on
or off the Interstate System and shall be designated by
the Secretary in consultation with appropriate Federal
agencies and the States.
``(E) Major strategic highway network connectors
consisting of highways that provide motor vehicle access
between major military installations and highways that
are part of the strategic highway network. The highways
shall be designated by the Secretary in consultation
with appropriate Federal agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any
modification, including any modification consisting of a
connector to a major intermodal terminal, to the
National Highway System that is proposed by a State or
that is proposed by a State and revised by the Secretary
if the Secretary determines that the modification--
``(i) meets the criteria established for the
National Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
``(ii) Urbanized areas.--In an urbanized area,
the local officials shall act through the
metropolitan planning organization designated for
the area under section 134.
``(5) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by
section 1105 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2031 et seq.) that was not identified on
the National Highway System described in paragraph (1).
``(6) Eligible projects for nhs.--Subject to approval by the
Secretary, funds apportioned to a State under section 104(b)(1)
for the National Highway System may be obligated for any of the
following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the
National Highway System.
``(B) Operational improvements for segments of the
National Highway System.
``(C) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System, and construction of a transit project eligible
for assistance under chapter 53 of title 49, if--
``(i) the highway or transit project is in the
same corridor as, and in proximity to, a fully
access-controlled highway designated as a part of
the National Highway System;
``(ii) the construction or improvements will
improve the level of service on the fully access-
controlled highway described in clause (i) and
improve regional traffic flow; and
``(iii) the construction or improvements are
more cost-effective than an improvement to the
fully access-controlled highway described in
clause (i).
``(D) Highway safety improvements for segments of
the National Highway System.
``(E) Transportation planning in accordance with
sections 134 and 135.
``(F) Highway research and planning in accordance
with chapter 5.
``(G) Highway-related technology transfer
activities.
``(H) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
``(L) Development, establishment, and implementation
of management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural
habitat and wetland mitigation efforts related to
projects funded under this title, which may include
participation in natural habitat and wetland mitigation
banks, contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and
regional natural habitat and wetland conservation and
mitigation plans, including any such banks, efforts, and
plans authorized under the Water Resources Development
Act of 1990 (Public Law 101-640) (including crediting
provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place
concurrent with or in advance of project construction;
except that contributions in advance of project
construction may occur only if the efforts are
consistent with all applicable requirements of Federal
law (including regulations) and State transportation
planning processes. With respect to participation in a
natural habitat or wetland mitigation effort related to
a project funded under this title that has an impact
that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent
practicable, to the use of the mitigation bank if the
bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605
(November 28, 1995)) or other applicable Federal law
(including regulations).
``(N) Publicly-owned intracity or intercity bus
terminals.
``(O) Infrastructure-based intelligent
transportation systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
any project eligible for assistance under section 133,
any airport, and any seaport.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in
clause (ii), highways on the Interstate System
shall be designed in accordance with the standards
of section 109(b).
``(ii) Exception.--Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the
locality of the highway.
``(C) Location.--Highways on the Interstate System
shall be located so as--
``(i) to connect by routes, as direct as
practicable, the principal metropolitan areas,
cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to
connect at suitable border points with routes of
continental importance in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall
be selected by joint action of the State transportation
departments of the State in which the route is located
and the adjoining States, in cooperation with local and
regional officials, and subject to the approval of the
Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all
standards of a highway on the Interstate System and that
the highway is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
route on the Interstate System.
``(B) Designations as future interstate system
routes.--
``(i) In general.--If the Secretary determines
that a highway on the National Highway System
would be a logical addition or connection to the
Interstate System and would qualify for
designation as a route on the Interstate System
under subparagraph (A) if the highway met all
standards of a highway on the Interstate System,
the Secretary may, upon the affirmative
recommendation of the State or States in which the
highway is located, designate the highway as a
future Interstate System route.
``(ii) Written agreement of states.--A
designation under clause (i) shall be made only
upon the written agreement of the State or States
described in such clause that the highway will be
constructed to meet all standards of a highway on
the Interstate System by the date that is 12 years
after the date of the agreement.
``(iii) Removal of designation.--
``(I) In general.--If the State or
States described in clause (i) have not
substantially completed the construction
of a highway designated under this
subparagraph within the time provided
for in the agreement between the
Secretary and the State or States under
clause (ii), the Secretary shall remove
the designation of the highway as a
future Interstate System route.
``(II) Effect of removal.--Removal
of the designation of a highway under
subclause (I) shall not preclude the
Secretary from designating the highway
as a route on the Interstate System
under subparagraph (A) or under any
other provision of law providing for
addition to the Interstate System.
``(iv) Prohibition on referral as interstate
system route.--No law, rule, regulation, map,
document, or other record of the United States, or
of any State or political subdivision of a State,
shall refer to any highway designated as a future
Interstate System route under this subparagraph,
nor shall any such highway be signed or marked, as
a highway on the Interstate System until such time
as the highway is constructed to the geometric and
construction standards for the Interstate System
and has been designated as a route on the
Interstate System.
``(C) Financial responsibility.--Except as provided
in this title, the designation of a highway under this
paragraph shall create no additional Federal financial
responsibility with respect to the highway.
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and
approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1)
any amount of funds apportioned to the State under
section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for
the 21st Century), if the amount does not exceed the
Federal share of the costs of construction of segments
of the Interstate System in the State included in the
most recent Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of an
amount under subparagraph (A), the construction on which
the amount is based, as included in the most recent
Interstate System cost estimate, shall not be eligible
for funding under section 104(b)(5)(A) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century) or
118(c).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State under
section 104(b)(1) any amount of surplus funds apportioned to the
State under section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the
21st Century), if the State has fully financed all
work eligible under the most recent Interstate System cost
estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.''.
(b) <<NOTE: 23 USC 103 note.>> Unobligated Balances of Interstate
Substitute Funds.--Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in effect
on the day before the date of enactment of this Act), shall be available
for obligation by the State under the law (including regulations,
policies, and procedures) relating to the obligation and expenditure of
the funds in effect on that date.
(c) Conforming Amendments.--
(1)(A) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading by striking
``Substitute,''; and
(ii) in paragraph (1)(A)(i) by striking
``103(e)(4)(H),'';
(B) Section 118 of such title is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ``which has been'' and all that follows
through ``and has not'' and inserting ``which is a public road
and has not''.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
``section 139(a)'' and inserting ``section 103(c)(4)(A)''.
(C) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is amended
by striking subparagraph (B) and inserting the following:
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as parts of the
Interstate System under this paragraph shall be treated
in the same manner as segments designated under section
103(c)(4)(A) of title 23, United States Code.''.
(d) Intermodal Freight Connectors Study.-- <<NOTE: 23 USC 103
note.>>
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review the condition of and improvements made,
since the designation of the National Highway System, to
connectors on the National Highway System that serve
seaports, airports, and other intermodal freight
transportation facilities; and
(B) report to Congress on the results of such
review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service to
an intermodal facility referred to in paragraph (1) and to
facilitate the efficient movement of freight, including
movements of freight between modes.
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are impediments
to improving the connectors serving intermodal facilities
referred to in paragraph (1), the Secretary shall identify such
impediments and make any appropriate recommendations as part of
the Secretary's report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(A) routes on the Interstate System designated
under section 103(c)(1) and, in Alaska and Puerto Rico,
under section 103(c)(4)(A);
``(B) routes on the Interstate System designated
before the date of enactment of the Transportation
Equity Act for the 21st Century under subsections (a)
and (b) of section 139 (as in effect on the day before
the date of enactment of such Act); and
``(C) any segments that become part of the
Interstate System under section 1105(e)(5) of the
Intermodal Surface Transportation Efficiency Act of
1991.
``(2) Toll roads.--The Secretary may approve a project
pursuant to this subsection on a toll road only if such road is
subject to a Secretarial agreement provided for in section 129
or continued in effect by section 1012(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 159).
``(3) Funding.--Sums authorized to be appropriated to carry
out this section shall be out of the Highway Trust Fund and
shall be apportioned in accordance with section 104(b)(4).'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
(b) Set-Asides for Interstate Discretionary Projects.--Section
118(c) of such title is amended to read as follows:
``(c) Set-Asides for Interstate Discretionary Projects.--
``(1) In general.--Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000 in
fiscal year 1998 and $100,000,000 in each of fiscal years 1999
through 2003 for obligation by the Secretary for projects for
resurfacing, restoring, rehabilitating, and reconstructing any
route or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate System under
section 139 (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century)) and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on December
17, 1991).
``(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary to
any State applying for such funds if the Secretary determines
that--
``(A) the State has obligated or demonstrates that
it will obligate in the fiscal year all of its
apportionments under section 104(b)(4) other than an
amount that, by itself, is insufficient to pay the
Federal share of the cost of a project for resurfacing,
restoring, rehabilitating, and reconstructing the
Interstate System that has been submitted by the State
to the Secretary for approval; and
``(B) the applicant is willing and able to--
``(i) obligate the funds within 1 year of the
date the funds are made available;
``(ii) apply the funds to a ready-to-commence
project; and
``(iii) in the case of construction work,
begin work within 90 days after obligation.
``(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of
which exceeds $10,000,000 on any high volume route in an urban
area or a high truck-volume route in a rural area.
``(4) Period of availability of discretionary funds.--Sums
made available pursuant to this subsection shall remain
available until expended.''.
(c) Interstate Needs.-- <<NOTE: 23 USC 119 note.>>
(1) Study.--The Secretary shall conduct, in cooperation with
States and affected metropolitan planning organizations, a study
to determine--
(A) the expected condition of the Interstate System
over the next 10 years and the needs of States and
metropolitan planning organizations to reconstruct and
improve the Interstate System;
(B) the resources necessary to maintain and improve
the Interstate System; and
(C) the means to ensure that the Nation's surface
transportation program can--
(i) address the needs identified in
subparagraph (A); and
(ii) allow for States to address any
extraordinary needs.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23, United
States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions'';
(2) in paragraph (2) by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide intercity
passenger service by bus'';
(3) in paragraph (3)--
(A) by striking ``and bicycle'' and inserting
``bicycle''; and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks
to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)'';
(4) in paragraph (4) by inserting ``infrastructure'' after
``safety'';
(5) in paragraph (9) by striking ``section 108(f)(1)(A)
(other than clauses (xii) and (xvi)) of the Clean Air Act'' and
inserting ``section 108(f)(1)(A) (other than clause (xvi)) of
the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(6) in paragraph (11)--
(A) in the first sentence--
(i) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(ii) by striking ``enhance and create'' and
inserting ``enhance, and create natural habitats
and''; and
(iii) by inserting ``natural habitat and''
before ``wetlands conservation''; and
(B) by adding at the end the following: ``With
respect to participation in a natural habitat or wetland
mitigation effort related to a project funded under this
title that has an impact that occurs within the service
area of a mitigation bank, preference shall be given, to
the maximum extent practicable, to the use of the
mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is
approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60
Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation
systems capital improvements.
``(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation
facilities, which projects shall be carried out when the
transportation facilities are undergoing reconstruction,
rehabilitation, resurfacing, or restoration; except that the
expenditure of funds under this section for any such
environmental restoration or pollution abatement project shall
not exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.''.
(b) Transportation Enhancement Activities.--Section 133 of such
title is amended-- <<NOTE: 23 USC 133.>>
(1) in subsection (d)(3)(D) by striking ``any State'' and
all that follows through the period at the end and inserting
``Hawaii and Alaska''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i) by striking ``if the
Secretary'' and all that follows through ``activities'';
and
(B) in paragraph (5) by adding at the end the
following:
``(C) Cost sharing.--
``(i) Required aggregate non-federal share.--
The average annual non-Federal share of the total
cost of all projects to carry out transportation
enhancement activities in a State for a fiscal
year shall be not less than the non-Federal share
authorized for the State under section 120(b).
``(ii) Innovative financing.--Subject to
clause (i), notwithstanding section 120--
``(I) funds from other Federal
agencies and the value of other
contributions (as determined by the
Secretary) may be credited toward the
non-Federal share of the costs of a
project to carry out a transportation
enhancement activity;
``(II) the non-Federal share for
such a project may be calculated on a
project, multiple-project, or program
basis; and
``(III) the Federal share of the
cost of an individual project to which
subclause (I) or (II) applies may be up
to 100 percent.''.
(c) Program Approval.--Section 133(e) of such title is <<NOTE: 23
USC 133.>> amended by striking paragraph (2) and inserting the
following:
``(2) Program approval.--
``(A) Submission of project agreement.--For each
fiscal year, each State shall submit a project agreement
that--
``(i) <<NOTE: Certification.>> certifies that
the State will meet all the requirements of this
section; and
``(ii) <<NOTE: Notification.>> notifies the
Secretary of the amount of obligations needed to
carry out the program under this section.
``(B) Request for adjustments of amounts.--Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in subparagraph
(A)(ii) as the State determines to be necessary.
``(C) Effect of approval by the secretary.--Approval
by the Secretary of a project agreement under
subparagraph (A) shall be deemed a contractual
obligation of the United States to pay surface
transportation program funds made available under this
title.''.
(d) Payments.--Section 133(e)(3)(A) of such title is amended by
striking the second sentence.
(e) Surface Transportation Program Obligations in Urban Areas.--
Section 133 of such title is amended to read as follows:
``(f) Obligation Authority.--
``(1) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the period of fiscal years 1998 through 2000 and the period of
fiscal years 2001 through 2003 an amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs for use in the area that is equal
to the amount obtained by multiplying--
``(A) the aggregate amount of funds that the State
is required to obligate in the area under subsection (d)
during the period; and
``(B) the ratio that--
``(i) the aggregate amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction programs
during the period; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums not
subject to an obligation limitation) during the
period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).''.
(f) <<NOTE: 23 USC 133 note.>> Division of STP Funds for Areas of
Less Than 5,000 Population.--
(1) Special rule.--Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph (2),
up to 15 percent of the amounts required to be obligated under
section 133(d)(3)(B) of such title for each of fiscal years 1998
through 2003 may be obligated on roads functionally classified
as minor collectors.
(2) Suspension.--The Secretary may suspend the application
of paragraph (1) if the Secretary determines that paragraph (1)
is being used excessively.
(g) <<NOTE: 23 USC 133 note.>> Encouragement of Use of Youth
Conservation or Service Corps.--The Secretary shall encourage the States
to enter into contracts and cooperative agreements with qualified youth
conservation or service corps to perform appropriate transportation
enhancement activities under chapter 1 of title 23, United States Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23, United
States Code, is amended in the fourth sentence by inserting before the
period at the end the following: ``, and, if a State transfers funds
apportioned to the State under this section in a fiscal year beginning
after September 30, 1997, to any other apportionment of funds to such
State under this title, the total cost of deficient bridges in such
State and in all States to be determined for the succeeding fiscal year
shall be reduced by the amount of such transferred funds''.
(b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of such title
is amended--
(1) by inserting ``(A) Fiscal years 1992 through 1997.--''
before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal year 1998.--Of the amounts authorized
to be appropriated to carry out the bridge program under
this section for fiscal year 1998, all but $25,000,000
shall be apportioned as provided in subsection (e) of
this section. Such $25,000,000 shall be available only
for projects for the seismic retrofit of a bridge
described in subsection (l).
``(C) Fiscal years 1999 through 2003.--Of the
amounts authorized to be appropriated to carry out the
bridge program under this section for each of fiscal
years 1999 through 2003, all but $100,000,000 shall be
apportioned as provided in subsection (e). Such
$100,000,000 shall be available at the discretion of the
Secretary; except that
not to exceed $25,000,000 shall be available only for
projects for the seismic retrofit of bridges, including
projects in the New Madrid fault region.''; and
(3) by indenting subparagraph (A) (as designated by
paragraph (1) of this subsection) and aligning such subparagraph
(A) with subparagraphs (B) and (C) of such section (as added by
paragraph (2) of this subsection).
(c) Off-System Bridge Set-Aside.--Section 144(g)(3) of such title is
amended-- <<NOTE: 23 USC 144.>>
(1) by striking ``, 1988'' and all that follows through
``1997,'' and inserting ``through 2003''; and
(2) by striking ``system'' each place it appears and
inserting ``highway''.
(d) Eligibility.--Section 144 of title 23, United States Code, is
amended--
(1) in subsection (d) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or installing scour countermeasures'';
(2) in subsection (d) by inserting after ``such acetate''
each place it appears the following: ``or sodium acetate/formate
or such anti-icing or de-icing composition or installation of
such countermeasures''; and
(3) in subsection (g)(3) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or install scour countermeasures''.
(e) Conforming Amendment.--Section 144(n) of such title is amended
by striking ``system'' and inserting ``highway''.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Establishment of Program.--Section 149(a) of title 23, United
States Code, is amended by inserting after ``establish'' the following:
``and implement''.
(b) Currently Eligible Projects.--Section 149(b) of such title is
amended--
(1) by striking ``that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994'' and inserting the
following: ``that is or was designated as a nonattainment area
for ozone, carbon monoxide, or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified
pursuant to section 181(a), 186(a), 188(a), or 188(b) of the
Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b))
or is or was designated as a nonattainment area under such
section 107(d) after December 31, 1997,'';
(2) in paragraph (1)(A) by striking ``clauses (xii) and'';
and inserting ``clause'';
(3) in paragraph (1)(A)(ii) by striking ``an area'' and all
that follows through the semicolon and inserting ``a maintenance
area;'';
(4) by striking ``or'' at the end of paragraph (3);
(5) by striking ``standard.'' at the end of paragraph (4)
and inserting ``standard; or''; and
(6) by inserting after paragraph (4) the following:
``(5) if the program or project improves traffic flow,
including projects to improve signalization, construct high
occupancy vehicle lanes, improve intersections, and implement
intelligent transportation system strategies and such other
projects that are eligible for assistance under this section on
the day before the date of enactment of this paragraph.''.
(c) States Receiving Minimum Apportionment.--Section 149 of such
title is amended <<NOTE: 23 USC 149.>> by striking subsection (c) and
inserting the following:
``(c) States Receiving Minimum Apportionment.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may
use funds apportioned to the State under section 104(b)(2) for
any project eligible under the surface transportation program
under section 133.
``(2) States with a nonattainment area.--If a State has a
nonattainment area or maintenance area and receives funds under
section 104(b)(2)(D) above the amount of funds that the State
would have received based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds not based
on its nonattainment and maintenance area population under
subparagraphs (B) and (C) of section 104(b)(2) for any project
in the State eligible under section 133.''.
(d) Public-Private Partnerships.--
(1) In general.--Section 149 of such title is amended by
adding at the end the following:
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other provision of
this title and in accordance with this subsection, a
metropolitan planning organization, State transportation
department, or other project sponsor may enter into an agreement
with any public, private, or nonprofit entity to cooperatively
implement any project carried out under this section.
``(2) Forms of participation by entities.--Participation by
an entity under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the
project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration, construction
management, project management, project operation, or
any other management or operational duty associated with
the project; and
``(D) any other form of participation approved by
the Secretary.
``(3) Allocation to entities.--A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
``(4) Alternative fuel projects.--In the case of a project
that will provide for the use of alternative fuels by privately
owned vehicles or vehicle fleets, activities eligible for
funding under this subsection--
``(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would
support the development, production, and use of emerging
technologies
that reduce emissions of air pollutants from motor
vehicles, and other capital investments associated with
the project;
``(B) shall include only the incremental cost of an
alternative fueled vehicle, as compared to a
conventionally fueled vehicle, that would otherwise be
borne by a private party; and
``(C) shall apply other governmental financial
purchase contributions in the calculation of net
incremental cost.
``(5) Prohibition on federal participation with respect to
required activities.--A Federal participation payment under this
subsection may not be made to an entity to fund an obligation
imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any
other Federal law.''.
(2) <<NOTE: 23 USC 149 note.>> Determination by the
secretary.--For the purposes of section 149(c) of title 23,
United States Code, the Secretary shall determine in accordance
with the procedures specified in section 149(b) of such title
whether water-phased hydrocarbon fuel emulsion technologies that
consist of a hydrocarbon base and water in an amount not less
than 20 percent by volume that reduce emissions of hydrocarbon,
particulate matter, carbon monoxide, or nitrogen oxide from
motor vehicles.
(e) Study of CMAQ Program.-- <<NOTE: 23 USC 149 note.>>
(1) <<NOTE: Contracts.>> In general.--The Secretary and the
Administrator of the Environmental Protection Agency shall enter
into arrangements with the National Academy of Sciences to
complete, by not later than January 1, 2001, a study of the
congestion mitigation and air quality improvement program under
section 149 of title 23, United States Code. The study shall, at
a minimum--
(A) evaluate the air quality impacts of emissions
from motor vehicles;
(B) evaluate the negative effects of traffic
congestion, including the economic effects of time lost
due to congestion;
(C) determine the amount of funds obligated under
the program and make a comprehensive analysis of the
types of projects funded under the program;
(D) evaluate the emissions reductions attributable
to projects of various types that have been funded under
the program;
(E) assess the effectiveness, including the
quantitative and nonquantitative benefits, of projects
funded under the program and include, in the assessment,
an estimate of the cost per ton of pollution reduction;
(F) assess the cost effectiveness of projects funded
under the program with respect to congestion mitigation;
(G) compare--
(i) the costs of achieving the air pollutant
emissions reductions achieved under the program;
to
(ii) the costs that would be incurred if
similar reductions were achieved by other
measures, including pollution controls on
stationary sources;
(H) include recommendations on improvements,
including other types of projects, that will increase
the overall effectiveness of the program;
(I) include recommendations on expanding the scope
of the program to address traffic-related pollutants
that,
as of the date of the study, are not addressed by the
program.
(2) Report.--Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the
Committee on Transportation and Infrastructure and the Committee
on Commerce of the House of Representatives, and the Committee
on Environment and Public Works of the Senate a report on the
results of the study with recommendations for modifications to
the congestion mitigation and air quality improvement program in
light of the results of the study.
(3) Funding.--Before making the apportionment of funds under
section 104(b)(2) of title 23, United States Code, for each of
fiscal years 1999 and 2000, the Secretary shall deduct from the
amount to be apportioned under such section for such fiscal
year, and make available, $500,000 for such fiscal year to carry
out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) State-Determined Lower Federal Share.--Section 120 of title 23,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Except'' and inserting the
following:
``(1) In general.--Except'';
(B) by adding at the end the following:
``(2) State-determined lower federal share.--In the case of
any project subject to paragraph (1), a State may determine a
lower Federal share than the Federal share determined under such
paragraph.''; and
(C) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of this
paragraph) with paragraph (2) of such subsection (as
added by subparagraph (B) of this paragraph); and
(2) in subsection (b) by adding at the end the following:
``In the case of any project subject to this subsection, a State
may determine a lower Federal share than the Federal share
determined under the preceding sentences of this subsection.''.
(b) Increased Federal Share for Certain Safety Projects.--The first
sentence of section 120(c) of such title is amended by inserting ``or
transit vehicles'' after ``emergency vehicles''.
(c) Credit for Non-Federal Share.--Section 120 of such title is
amended by adding at the end the following:
``(j) Credit for Non-Federal Share.--
``(1) Eligibility.--A State may use as a credit toward the
non-Federal share requirement for any funds made available to
carry out this title (other than the emergency relief program
authorized by section 125) or chapter 53 of title 49 toll
revenues that are generated and used by public, quasi-public,
and private agencies to build, improve, or maintain highways,
bridges, or tunnels that serve the public purpose of interstate
commerce. Such public, quasi-public, or private agencies shall
have built, improved, or maintained such facilities without
Federal funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-Federal
share provided under this subsection shall not reduce
nor replace
State funds required to match Federal funds for any
program under this title.
``(B) Condition on receipt of credit.--To receive a
credit under paragraph (1) for a fiscal year, a State
shall enter into such agreement as the Secretary may
require to ensure that the State will maintain its non-
Federal transportation capital expenditures in such
fiscal year at or above the average level of such
expenditures for the preceding 3 fiscal years; except
that if, for any 1 of the preceding 3 fiscal years, the
non-Federal transportation capital expenditures of the
State were at a level that was greater than 130 percent
of the average level of such expenditures for the other
2 of the preceding 3 fiscal years, the agreement shall
ensure that the State will maintain its non-Federal
transportation capital expenditures in the fiscal year
of the credit at or above the average level of such
expenditures for the other 2 fiscal years.
``(C) Transportation capital expenditures defined.--
In subparagraph (B), the term `non-Federal
transportation capital expenditures' includes any
payments made by the State for issuance of
transportation-related bonds.
``(3) Treatment.--
``(A) Limitation on liability.--Use of a credit for
a non-Federal share under this subsection that is
received from a public, quasi-public, or private
agency--
``(i) shall not expose the agency to
additional liability, additional regulation, or
additional administrative oversight; and
``(ii) shall not subject the agency to any
additional Federal design standards or laws
(including regulations) as a result of providing
the non-Federal share other than those to which
the agency is already subject.
``(B) Chartered multistate agencies.--When a credit
that is received from a chartered multistate agency is
applied to a non-Federal share under this subsection,
such credit shall be applied equally to all charter
States.''.
(d) <<NOTE: 23 USC 130.>> Conforming Amendments.--Section 130(a) of
such title is amended--
(1) in the first sentence by striking ``Except as provided
in subsection (d) of section 120 of this title'' and inserting
``Subject to section 120''; and
(2) in the second sentence by striking ``except as provided
in subsection (d) of section 120 of this title'' and inserting
``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Motorized recreation.--The term `motorized recreation'
means off-road recreation using any motor-powered vehicle,
except for a motorized wheelchair.
``(2) Recreational trail.--The term `recreational trail'
means a thoroughfare or track across land or snow, used for
recreational purposes such as--
``(A) pedestrian activities, including wheelchair
use;
``(B) skating or skateboarding;
``(C) equestrian activities, including carriage
driving;
``(D) nonmotorized snow trail activities, including
skiing;
``(E) bicycling or use of other human-powered
vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities, including all-
terrain vehicle riding, motorcycling, snowmobiling, use
of off-road light trucks, or use of other off-road
motorized vehicles.
``(b) Program.--In accordance with this section, the Secretary, in
consultation with the Secretary of the Interior and the Secretary of
Agriculture, shall carry out a program to provide and maintain
recreational trails.
``(c) State Responsibilities.--To be eligible for apportionments
under this section--
``(1) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
``(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and
nonmotorized recreational trail users, which shall meet not less
often than once per fiscal year.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds apportioned to a State to carry out
this section shall be obligated for recreational trails and
related projects that--
``(A) have been planned and developed under the
laws, policies, and administrative procedures of the
State; and
``(B) are identified in, or further a specific goal
of, a recreational trail plan, or a statewide
comprehensive outdoor recreation plan required by the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.), that is in effect.
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of existing
recreational trails;
``(B) development and rehabilitation of trailside
and trailhead facilities and trail linkages for
recreational trails;
``(C) purchase and lease of recreational trail
construction and maintenance equipment;
``(D) construction of new recreational trails,
except that, in the case of new recreational trails
crossing Federal lands, construction of the trails shall
be--
``(i) permissible under other law;
``(ii) necessary and required by a statewide
comprehensive outdoor recreation plan that is
required by the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.) and that is
in effect;
``(iii) approved by the administering agency
of the State designated under subsection (c)(1);
and
``(iv) approved by each Federal agency having
jurisdiction over the affected lands under such
terms and conditions as the head of the Federal
agency determines to be appropriate, except that
the approval shall be contingent on compliance by
the Federal agency with all applicable laws,
including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Forest and
Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1600 et seq.), and the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.);
``(E) acquisition of easements and fee simple title
to property for recreational trails or recreational
trail corridors;
``(F) payment of costs to the State incurred in
administering the program, but in an amount not to
exceed 7 percent of the apportionment made to the State
for the fiscal year to carry out this section; and
``(G) operation of educational programs to promote
safety and environmental protection as those objectives
relate to the use of recreational trails, but in an
amount not to exceed 5 percent of the apportionment made
to the State for the fiscal year.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), of the apportionments
made to a State for a fiscal year to carry out this
section--
``(i) 40 percent shall be used for
recreational trail or related projects that
facilitate diverse recreational trail use within a
recreational trail corridor, trailside, or
trailhead, regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate both motorized
and nonmotorized recreational trail use;
``(ii) 30 percent shall be used for uses
relating to motorized recreation; and
``(iii) 30 percent shall be used for uses
relating to nonmotorized recreation.
``(B) Small state exclusion.--Any State with a total
land area of less than 3,500,000 acres shall be exempt
from the requirements of clauses (ii) and (iii) of
subparagraph (A).
``(C) Waiver authority.--A State recreational trail
advisory committee established under subsection (c)(2)
may waive, in whole or in part, the requirements of
clauses (ii) and (iii) of subparagraph (A) if the State
recreational trail advisory committee determines and
notifies the Secretary that the State does not have
sufficient projects to meet the requirements of clauses
(ii) and (iii) of subparagraph (A).
``(D) State administrative costs.--State
administrative costs eligible for funding under
paragraph (2)(F) shall be exempt from the requirements
of subparagraph (A).
``(4) Grants.--
``(A) In general.--A State may use funds apportioned
to the State to carry out this section to make grants to
private organizations, municipal, county, State, and
Federal Government entities, and other government
entities as approved by the State after considering
guidance from the State recreational trail advisory
committee established under subsection (c)(2), for uses
consistent with this section.
``(B) Compliance.--A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of
the program for the use of grant funds.
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of this section,
a State should give consideration to project proposals that provide for
the redesign, reconstruction, nonroutine maintenance, or relocation of
recreational trails to benefit the natural environment or to mitigate
and minimize the impact to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--Notwithstanding any
other provision of law, a Federal agency that sponsors a project
under this section may contribute additional Federal funds
toward the cost of a project, except that--
``(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of
a project under this section; and
``(B) the share attributable to the Secretary and
the Federal agency may not exceed 95 percent of the cost
of a project under this section.
``(3) Use of funds from federal programs to provide non-
federal share.--Notwithstanding any other provision of law, the
non-Federal share of the cost of the project may include amounts
made available by the Federal Government under any Federal
program that are--
``(A) expended in accordance with the requirements
of the Federal program relating to activities funded and
populations served; and
``(B) expended on a project that is eligible for
assistance under this section.
``(4) Programmatic non-federal share.--A State may allow
adjustments to the non-Federal share of an individual project
for a fiscal year under this section if the Federal share of the
cost of all projects carried out by the State under the program
(excluding projects funded under paragraph (2) or (3)) using
funds apportioned to the State for the fiscal year does not
exceed 80 percent.
``(5) State administrative costs.--The Federal share of the
administrative costs of a State under this subsection shall be
determined in accordance with section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned to carry out this section for--
``(1) condemnation of any kind of interest in property;
``(2) construction of any recreational trail on National
Forest System land for any motorized use unless--
``(A) the land has been designated for uses other
than wilderness by an approved forest land and resource
management plan or has been released to uses other than
wilderness by an Act of Congress; and
``(B) the construction is otherwise consistent with
the management direction in the approved forest land and
resource management plan;
``(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land--
``(A) has been designated for uses other than
wilderness by an approved Bureau of Land Management
resource management plan or has been released to uses
other than wilderness by an Act of Congress; and
``(B) the construction is otherwise consistent with
the management direction in the approved management
plan; or
``(4) upgrading, expanding, or otherwise facilitating
motorized use or access to recreational trails predominantly
used by nonmotorized recreational trail users and on which, as
of May 1, 1991, motorized use was prohibited or had not
occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials, services, or
new right-of-way.--
``(A) In general.--Nothing in this title or other
law shall prevent a project sponsor from offering to
donate funds, materials, services, or a new right-of-way
for the purposes of a project eligible for assistance
under this section. Any funds, or the fair market value
of any materials, services, or new right-of-way, may be
donated by any project sponsor and shall be credited to
the non-Federal share in accordance with subsection (f).
``(B) Federal project sponsors.--Any funds or the
fair market value of any materials or services may be
provided by a Federal project sponsor and shall be
credited to the Federal agency's share in accordance
with subsection (f).
``(2) Recreational purpose.--A project funded under this
section is intended to enhance recreational opportunity and is
not subject to section 138 of this title or section 303 of title
49.
``(3) Continuing recreational use.--At the option of each
State, funds apportioned to the State to carry out this section
may be treated as Land and Water Conservation Fund
apportionments for the purposes of section 6(f)(3) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition of making
available apportionments for work on recreational trails
that would affect privately owned land, a State shall
obtain written assurances that the owner of the land
will cooperate with the State and participate as
necessary in the activities to be conducted.
``(B) Public access.--Any use of the apportionments
to a State to carry out this section on privately owned
land must be accompanied by an easement or other legally
binding agreement that ensures public access to the
recreational trail improvements funded by the
apportionments.
``(i) Contract Authority.--Funds authorized to carry out this
section shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1, except that the Federal share of
the cost of a project under this section shall be determined in
accordance with this section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating to section
206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the Intermodal
Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is
repealed.
(d) Termination of Advisory Committee.--Section 1303 of such Act (16
U.S.C. 1262) is amended by adding at the end the following:
``(j) Termination.--The advisory committee established by this
section shall terminate on September 30, 2000.''.
(e) <<NOTE: 23 USC 206 note.>> Encouragement of Use of Youth
Conservation or Service Corps.--The Secretary shall encourage the States
to enter into contracts and cooperative agreements with qualified youth
conservation or service corps to perform construction and maintenance of
recreational trails under section 206 of title 23, United States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United States Code,
is amended in the first sentence by striking ``highway system'' and
inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of such title is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) General Eligibility.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the Secretary for the
repair or reconstruction of highways, roads, and trails, in any part of
the United States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide;
or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds be used
pursuant to this section for the repair or reconstruction of bridges
that have been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse due
to a structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as may be necessary to establish the
fund authorized by this section and to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section; except that,
if in any fiscal year the total of all obligations under this
section is less than the amount authorized to be obligated in
such fiscal year, the unobligated balance of such amount shall
remain available until expended and shall be in addition to
amounts otherwise available to carry out this section each year.
``(2) Pending such appropriation or replenishment, the
Secretary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums as may
be necessary for the immediate prosecution of the work herein
authorized. Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.'';
(3) in subsection (d) (as so redesignated)--
(A) in the first sentence by striking
``reconstruction of highways'' and all that follows
through ``in accordance'' and inserting ``reconstruction
of highways on Federal-aid highways in accordance'';
(B) by striking ``subsection (c)'' both places it
appears and inserting ``subsection (e)'';
(C) in the second sentence by striking
``authorized'' and all that follows through the period
and inserting ``authorized on Federal-aid highways.'';
and
(D) in the last sentence by striking ``Disaster
Relief and Emergency Assistance Act (Public Law 93-
288)'' and inserting ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)''; and
(4) in subsection (e) (as so redesignated) by striking ``on
any of the Federal-aid highway systems'' and inserting
``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any other
provision of law, a project to repair or reconstruct any portion of a
Federal-aid primary route in San Mateo County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal plan.
(d) <<NOTE: 23 USC 120.>> Technical Amendments.--Section 120(e) of
such title is amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States Code, is
amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) State Defined.--In this section, the term `State' means the 50
States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall carry out highway use
tax evasion projects in accordance with this subsection.
``(2) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
``(3) Conditions on funds allocated to internal revenue
service.--The Secretary shall not impose any condition on the
use of funds allocated to the Internal Revenue Service under
this subsection.
``(4) Limitation on use of funds.--Funds made available to
carry out this section shall be used only--
``(A) to expand efforts to enhance motor fuel tax
enforcement;
``(B) to fund additional Internal Revenue Service
staff, but only to carry out functions described in this
paragraph;
``(C) to supplement motor fuel tax examinations and
criminal investigations;
``(D) to develop automated data processing tools to
monitor motor fuel production and sales;
``(E) to evaluate and implement registration and
reporting requirements for motor fuel taxpayers;
``(F) to reimburse State expenses that supplement
existing fuel tax compliance efforts; and
``(G) to analyze and implement programs to reduce
tax evasion associated with other highway use taxes.
``(5) Maintenance of effort.--The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of
funds of the State, exclusive of Federal funds, for motor fuel
tax enforcement activities will be maintained at a level that
does not fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be 100 percent.
``(7) Period of availability.--Funds authorized to carry out
this section shall remain available for obligation for a period
of 3 years after the last day of the fiscal year for which the
funds are authorized.
``(8) Use of surface transportation program funding.--In
addition to funds made available to carry out this section, a
State may expend up to \1/4\ of 1 percent of the funds
apportioned to the State for a fiscal year under section
104(b)(3) on initiatives to halt the evasion of payment of motor
fuel taxes.
``(c) Excise Fuel Reporting System.--
``(1) <<NOTE: Contracts.>> In general.--Not later than
April 1, 1998, the Secretary shall enter into a memorandum of
understanding with the Commissioner of the Internal Revenue
Service for the purposes of the development and maintenance by
the Internal Revenue Service of an excise fuel reporting system
(in this subsection referred to as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
``(B) the system shall be under the control of the
Internal Revenue Service; and
``(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, and law
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 1998 through 2003, the
Secretary shall make available sufficient funds to the Internal
Revenue Service to establish and operate an automated fuel
reporting system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is amended by
striking the item relating to section 143 and inserting the
following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is
repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) is
amended--
(A) in the first sentence of subsection (g) by
striking ``section 1040 of this Act'' and inserting
``section 143 of title 23, United States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United States
Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--Notwithstanding
any other provision of law, the funds appropriated to any Federal land
management agency may be used to pay the non-Federal share of the cost
of any Federal-aid highway project the Federal share of which is funded
under section 104.
``(k) Use of Federal Lands Highways Program Funds.--Notwithstanding
any other provision of law, the funds authorized to be appropriated to
carry out the Federal lands highways program under section 204 may be
used to pay the non-Federal share of the cost of any project that is
funded under section 104 and that provides access to or within Federal
or Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--'' after
``(d)'';
(2) by inserting ``(1) For fiscal years ending before
october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the following:
``ending before October 1, 1999'';
(4) by adding at the end the following:
``(2) Fiscal year 2000 and thereafter.--
``(A) In general.--All funds authorized to be
appropriated for Indian reservation roads shall be
allocated among Indian tribes for fiscal year 2000 and
each subsequent fiscal year in accordance with a formula
established by the Secretary of the Interior under a
negotiated rulemaking procedure under subchapter III of
chapter 5 of title 5.
``(B) Regulations.--Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior
shall issue regulations governing the Indian reservation
roads program, and establishing the funding formula for
fiscal
year 2000 and each subsequent fiscal year under this
paragraph, in accordance with a negotiated rulemaking
procedure under subchapter III of chapter 5 of title 5.
The regulations shall be issued in final form not later
than April 1, 1999, and shall take effect not later than
October 1, 1999.
``(C) Negotiated rulemaking committee.--In
establishing a negotiated rulemaking committee to carry
out subparagraph (B), the Secretary of the Interior
shall--
``(i) apply the procedures under subchapter
III of chapter 5 of title 5 in a manner that
reflects the unique government-to-government
relationship between the Indian tribes and the
United States; and
``(ii) ensure that the membership of the
committee includes only representatives of the
Federal Government and of geographically diverse
small, medium, and large Indian tribes.
``(D) Basis for funding formula.--The funding
formula established for fiscal year 2000 and each
subsequent fiscal year under this paragraph shall be
based on factors that reflect--
``(i) the relative needs of the Indian tribes,
and reservation or tribal communities, for
transportation assistance; and
``(ii) the relative administrative capacities
of, and challenges faced by, various Indian
tribes, including the cost of road construction in
each Bureau of Indian Affairs area, geographic
isolation and difficulty in maintaining all-
weather access to employment, commerce, health,
safety, and educational resources.
``(3) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available under this title for Indian reservation roads
and for highway bridges located on Indian reservation
roads to pay for the costs of programs, services,
functions, and activities, or portions thereof, that are
specifically or functionally related to the cost of
planning, research, engineering, and construction of any
highway, road, bridge, parkway, or transit facility that
provides access to or is located within the reservation
or community of an Indian tribe shall be made available,
upon request of the Indian tribal government, to the
Indian tribal government for contracts and agreements
for such planning, research, engineering, and
construction in accordance with the Indian Self-
Determination and Education Assistance Act.
``(B) Exclusion of agency participation.--Funds for
programs, functions, services, or activities, or
portions thereof, including supportive administrative
functions that are otherwise contractible to which
subparagraph (A) applies, shall be paid in accordance
with subparagraph (A) without regard to the
organizational level at which the Department of the
Interior that has previously carried out such programs,
functions, services, or activities.
``(4) Reservation of funds.--
``(A) Nationwide priority program.--The Secretary
shall establish a nationwide priority program for
improving deficient Indian reservation road bridges.
``(B) Reservation.--Of the amounts authorized to be
appropriated for Indian reservation roads for each
fiscal year, the Secretary, in cooperation with the
Secretary of the Interior, shall reserve not less than
$13,000,000 for projects to replace, rehabilitate,
seismically retrofit, paint, apply calcium magnesium
acetate to, apply sodium acetate/formate de-icer to, or
install scour countermeasures for deficient Indian
reservation road bridges, including multiple-pipe
culverts.
``(C) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
subparagraph (A) must--
``(i) have an opening of 20 feet or more;
``(ii) be on an Indian reservation road;
``(iii) be unsafe because of structural
deficiencies, physical deterioration, or
functional obsolescence; and
``(iv) be recorded in the national bridge
inventory administered by the Secretary under
subsection (b).
``(D) Approval requirement.--Funds to carry out
Indian reservation road bridge projects under this
subsection shall be made available only on approval of
plans, specifications, and estimates by the
Secretary.''; and
(5) by indenting paragraph (1) (as designated by paragraph
(2) of this paragraph) and aligning paragraph (1) with
paragraphs (2), (3), and (4) (as added by paragraph (4) of this
paragraph).
(c) <<NOTE: 23 USC 203.>> Availability of Funds.--Section 203 of
such title is amended by adding at the end the following:
``Notwithstanding any other provision of law, the authorization by the
Secretary of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans,
specifications, and estimates for construction of a Federal lands
highways program project, shall be deemed to constitute a contractual
obligation of the Federal Government to pay the Federal share of the
cost of the project.''.
(d) Planning and Agency Coordination.--Section 204 of such title is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all Federal
roads that are public roads to be treated under uniform policies
similar to the policies that apply to Federal-aid highways,
there is established a coordinated Federal lands highways
program that shall apply to public lands highways, park roads
and parkways, and Indian reservation roads and bridges.
``(2) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land management
agency, the Secretary shall develop, by rule, transportation
planning procedures that are consistent with the metropolitan
and statewide planning processes required under sections 134 and
135.
``(3) Approval of transportation improvement program.--The
transportation improvement program developed as
a part of the transportation planning process under this section
shall be approved by the Secretary.
``(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
``(A) shall be developed in cooperation with States
and metropolitan planning organizations; and
``(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
``(5) Inclusion in state programs.--The approved Federal
lands highways program transportation improvement program shall
be included in appropriate State and metropolitan planning
organization plans and programs without further action on the
transportation improvement program.
``(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop by rule safety,
bridge, pavement, and congestion management systems for roads
funded under the Federal lands highways program.'';
(2) in subsection (b) by striking the first 3 sentences and
inserting the following: ``Funds available for public lands
highways, park roads and parkways, and Indian reservation roads
shall be used by the Secretary and the Secretary of the
appropriate Federal land management agency to pay for the cost
of transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or of transit
facilities within public lands, national parks, and Indian
reservations. In connection with activities under the preceding
sentence, the Secretary and the Secretary of the appropriate
Federal land management agency may enter into construction
contracts and other appropriate contracts with a State or civil
subdivision of a State or Indian tribe.'';
(3) in the first sentence of subsection (e) by striking
``Secretary of the Interior'' and inserting ``Secretary of the
appropriate Federal land management agency'';
(4) in subsection (h) by adding at the end the following:
``(8) A project to build a replacement of the federally
owned bridge over the Hoover Dam in the Lake Mead National
Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the following:
``(i) Transfers of Costs to Secretaries of Federal Land Management
Agencies.--
``(1) Administrative costs.--The Secretary shall transfer to
the appropriate Federal land management agency from amounts made
available for public lands highways such amounts as are
necessary to pay necessary administrative costs of the agency in
connection with public lands highways.
``(2) Transportation planning costs.--The Secretary shall
transfer to the appropriate Federal land management agency from
amounts made available for public lands highways such amounts as
are necessary to pay the cost to the agency to conduct necessary
transportation planning for Federal lands, if funding for the
planning is not otherwise provided under this section.''; and
(6) in subsection (j) by striking the second sentence and
inserting the following: ``The Indian tribal government, in
cooperation with the Secretary of the Interior, and as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation planning
process in accordance with subsection (a).''.
(e) Refuge Roads.--
(1) Authorizations.--Section 201 of such title is <<NOTE: 23
USC 201.>> amended in the first sentence by inserting ``refuge
roads,'' before ``public lands highways,''.
(2) Allocations.--Section 202 of such title is amended by
adding at the end the following:
``(e) Refuge Roads.-- <<NOTE: Effective date.>> On October 1 of each
fiscal year, the Secretary shall allocate the sums made available for
that fiscal year for refuge roads according to the relative needs of the
various refuges in the National Wildlife Refuge System, and taking into
consideration--
``(1) the comprehensive conservation plan for each refuge;
``(2) the need for access as identified through land use
planning; and
``(3) the impact of land use planning on existing
transportation facilities.''.
(3) Availability of funds.--Section 203 of such title is
amended in the first and fourth sentences--
(A) by striking ``for,'' and inserting ``for''; and
(B) by inserting ``refuge roads,'' after
``parkways,'' each place it appears.
(4) Use of funding.--Section 204 of such title is amended by
adding at the end the following:
``(k) Refuge Roads.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for refuge roads shall be used
by the Secretary and the Secretary of the Interior only to pay
the cost of--
``(A) maintenance and improvements of refuge roads;
``(B) maintenance and improvements of eligible
projects described in paragraphs (2), (5), and (6) of
subsection (h) that are located in or adjacent to
wildlife refuges; and
``(C) administrative costs associated with such
maintenance and improvements.
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the Interior, as appropriate, may
enter into contracts with a State or civil subdivision of a
State or Indian tribe as is determined advisable.
``(3) Compliance with other law.--Funds made available for
refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson Memorial Bridge
Authority Act of 1995 (109 Stat. 628) is amended--
(1) in paragraph (3) by striking ``, including approaches
thereto''; and
(2) in paragraph (5) by striking ``to be determined under
section 407. Such'' and all that follows through the period at
the end and inserting the following: ``as described in the
record of decision executed by the Secretary in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The term includes ongoing short-term
rehabilitation and repairs to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1) of such
Act (109 Stat. 630) is amended by inserting ``or any Capital
Region jurisdiction'' after ``Authority'' each place it appears.
(2) Agreement.--Section 407 of such Act (109 Stat. 630) is
amended by striking subsection (c) and inserting the following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed by
the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the new bridge.
``(2) Terms of the agreement.--The agreement shall--
``(A) identify whether the Authority or a Capital
Region jurisdiction will accept ownership of the new
bridge;
``(B) contain a financial plan satisfactory to the
Secretary, which shall be prepared before the execution
of the agreement, that specifies--
``(i) the total cost of the Project, including
any cost-saving measures;
``(ii) a schedule for implementation of the
Project, including whether any expedited design
and construction techniques will be used; and
``(iii) the sources of funding that will be
used to cover any costs of the Project not funded
from funds made available under section 412;
``(C) require that--
``(i) the Project include not more than 12
traffic lanes, including 8 general purpose lanes,
2 merging/diverging lanes, and 2 high occupancy
vehicle, express bus, or rail transit lanes;
``(ii) the design, construction, and operation
of the Project reflect the requirements of clause
(i);
``(iii) all provisions described in the
environmental impact statement for the Project or
the record of decision for the Project (including
in the attachments to the statement and record)
for mitigation of environmental and other impacts
of the Project be implemented; and
``(iv) the Authority and the Capital Region
jurisdictions develop a process to integrate
affected local governments, on an ongoing basis,
in the process of carrying out the engineering,
design, and construction phases of the project,
including planning for implementing the provisions
described in clause (iii); and
``(D) contain such other terms and conditions as the
Secretary determines to be appropriate.''.
(c) Federal Contribution.--Such Act (109 Stat. 627) is amended by
adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $25,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $150,000,000 for fiscal year 2000,
$200,000,000 for fiscal year 2001, $225,000,000 for fiscal year
2002, and $225,000,000 for fiscal year 2003 to pay the costs of
planning, preliminary engineering and design, final engineering,
acquisition of rights-of-way, and construction of the Project;
except that the costs associated with the Bridge shall be given
priority over other eligible costs, other than design costs, of
the Project.
``(2) Contract authority.--Funds authorized by this section
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code; except that--
``(A) the funds shall remain available until
expended;
``(B) the Federal share of the cost of the Bridge
component of the Project shall not exceed 100 percent;
and
``(C) the Federal share of the cost of any other
component of the Project shall not exceed 80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title limits the
authority of any Capital Region jurisdiction to use funds apportioned to
the jurisdiction under paragraphs (1) and (3) of section 104(b) of title
23, United States Code, in accordance with the requirements for such
funds, to pay any costs of the Project.
``(c) Availability of Apportioned Funds.--None of the funds made
available under this section shall be available for construction before
the execution of the agreement described in section 407(c), except that
the Secretary may fund the maintenance and rehabilitation of the Bridge,
the design of the Project, and right-of-way acquisition, including early
acquisition of construction staging areas.''.
(d) Conforming Amendment.--Section 405(b)(1) of such Act (109 Stat.
629) is amended by striking ``the Signatories as to the Federal share of
the cost of the Project and the terms and conditions related to the
timing of the transfer of the Bridge to''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available by section 102 of this Act for fiscal years 1998 through 2003
among the States based on the latest available cost to complete estimate
for the Appalachian development highway system under section 201 of the
Appalachian Regional Development Act of 1965 prepared by the Appalachian
Regional Commission. Such funds shall be available to construct highways
and access roads under section 201 of the Appalachian Regional
Development Act of 1965.
(b) Applicability of Title 23.--Funds authorized by section 102 of
this Act for the Appalachian development highway system shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code, except that
the Federal share of the cost of any project under this section shall be
determined in accordance with such section 201 and such funds shall
remain available until expended.
(c) Federal Share for Pre-Financed Projects.--Section 201(h)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``70'' and inserting ``80''.
(d) Corridor O.--There is hereby designated as an addition to
Corridor O in Pennsylvania on the Appalachian development highway system
a segment from Port Matilda to Interstate Route 80 along United States
Route 322, and the segment of Corridor O from the Pennsylvania State
line to the improved segment in Bedford, Pennsylvania, shall be
subtracted from Corridor O. Such designated addition shall not affect
estimates of the cost to complete such system and such subtracted
segment may be included on a map of such system for purposes of
continuity only.
SEC. 1118. <<NOTE: 23 USC 101 note.>> NATIONAL CORRIDOR PLANNING AND
DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall establish and implement a
program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction of
corridors of national significance, economic growth, and international
or interregional trade. A State or metropolitan planning organization
may apply to the Secretary for allocations under this section.
(b) Eligibility of Corridors.--The Secretary may make allocations
under this section with respect to--
(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991;
and
(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of--
(A) the extent to which the annual volume of
commercial vehicle traffic at the border stations or
ports of entry of each State--
(i) has increased since the date of enactment
of the North American Free Trade Agreement
Implementation Act (Public Law 103-182); and
(ii) is projected to increase in the future;
(B) the extent to which commercial vehicle traffic
in each State--
(i) has increased since the date of enactment
of the North American Free Trade Agreement
Implementation Act (Public Law 103-182); and
(ii) is projected to increase in the future;
(C) the extent to which international truck-borne
commodities move through each State;
(D) the reduction in commercial and other travel
time through a major international gateway or affected
port of entry expected as a result of the proposed
project including the level of traffic delays at at-
grade highway crossings of major rail lines in trade
corridors;
(E) the extent of leveraging of Federal funds
provided under this subsection, including--
(i) use of innovative financing;
(ii) combination with funding provided under
other sections of this Act and title 23, United
States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding
including State, local, and private matching
funds;
(F) the value of the cargo carried by commercial
vehicle traffic, to the extent that the value of the
cargo and congestion impose economic costs on the
Nation's economy; and
(G) encourage or facilitate major multistate or
regional mobility and economic growth and development in
areas underserved by existing highway infrastructure.
(c) Purposes.--Allocations may be made under this section for 1 or
more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for corridors
described in subsection (b).
(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof
under subsection (b)--
(A) environmental review; and
(B) construction.
(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation under this
section shall develop, and submit to the Secretary for review, a
development and management plan for the corridor or a usable component
thereof with respect to which the allocation is being made. Such plan
shall include, at a minimum, the following elements:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing
methods and, if the corridor is a multistate corridor, a State-
by-State breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the development
and construction of the corridor, including any environmental,
social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage all
States having jurisdiction over any portion of such corridor to
participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by section 1101
of this Act to carry out this section and section 1119 shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(f) Coordination of Planning.--Planning with respect to a corridor
under this section shall be coordinated with transportation planning
being carried out by the States and metropolitan planning organizations
along the corridor and, to the extent appropriate, with transportation
planning being carried out by Federal land management agencies, by
tribal governments, or by government agencies in Mexico or Canada.
(g) State Defined.--In this section, the term ``State'' has the
meaning such term has under section 101 of title 23, United States Code.
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM. <<NOTE: 23 USC 101
note. Canada. Mexico.>>
(a) General Authority.--The Secretary shall establish and implement
a coordinated border infrastructure program under which the Secretary
may make allocations to border States and metropolitan planning
organizations for areas within the boundaries of 1 or more border States
for projects to improve the safe movement of people and goods at or
across the border between the United States and Canada and the border
between the United States and Mexico.
(b) Eligible Uses.--Allocations to States and metropolitan planning
organizations under this section may only be used in a border region
for--
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross border vehicle and cargo
movement;
(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
(5) international coordination of planning, programming, and
border operation with Canada and Mexico relating to expediting
cross border vehicle and cargo movements; and
(6) activities of Federal inspection agencies.
(c) Selection Criteria.--The Secretary shall make allocations under
this section on the basis of--
(1) expected reduction in commercial and other motor vehicle
travel time through an international border crossing as a result
of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada
or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act, and
combination with other sources of Federal, State, local, or
private funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies
responsible for the inspection of vehicles, cargo, and persons
crossing international borders and their counterpart agencies in
Canada and Mexico;
(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
(7) the degree of demonstrated coordination with Federal
inspection agencies;
(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;
(9) demonstrated local commitment to implement and sustain
continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of General
Services, in consultation with the Attorney General, the Secretary may
transfer, during the period of fiscal years 1998 through 2001, not more
than $10,000,000 of the amounts made available by section 1101 to carry
out this section and section 1118 to the Administrator of General
Services for the construction of transportation infrastructure necessary
for law enforcement in border States.
(e) Definitions.--In this section, the following definitions apply:
(1) Border region.--The term ``border region'' means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) Border state.--The term ``border State'' means any State
that has a boundary in common with Canada or Mexico.
