Moving Americans into the 21st Century
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TEA-21 - Transportation Equity Act for the
21st Century Moving Americans into the 21st Century |
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Subtitle B--General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended to read
as follows:
``(a) Definitions.--In this title, the following definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization laws.
``(2) Carpool project.--The term `carpool project' means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a
highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other debt
financing instruments and costs incurred by the State in
performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes--
``(A) locating, surveying, and mapping (including
the establishment of temporary and permanent geodetic
markers in accordance with specifications of the
National Oceanic and Atmospheric Administration of the
Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway grade
crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate and
control traffic flow, such as grade separation of
intersections, widening of lanes, channelization of
traffic, traffic control systems, and passenger loading
and unloading areas; and
``(H) capital improvements that directly facilitate
an effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale
installation, and scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States that do not
have county organizations and, in those States in which the
county government does not have jurisdiction over highways, any
local government unit vested with jurisdiction over local
highways.
``(5) Federal-aid highway.--The term `Federal-aid highway'
means a highway eligible for assistance under this chapter other
than a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that is
a public road.
``(8) Forest development roads and trails.--The term `forest
development roads and trails' means forest roads and trails
under the jurisdiction of the Forest Service.
``(9) Forest highway.--The term `forest highway' means a
forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel.
``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving the National Forest System that is
necessary for the protection, administration, and utilization of
the National Forest System and the use and development of its
resources.
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway
crossing, tunnel, drainage structure, sign, guardrail,
and protective structure, in connection with a highway;
and
``(C) a portion of any interstate or international
bridge or tunnel and the approaches thereto, the cost of
which is assumed by a State transportation department,
including such facilities as may be required by the
United States Customs and Immigration Services in
connection with the operation of an international bridge
or tunnel.
``(12) Indian reservation road.--The term `Indian
reservation road' means a public road that is located within or
provides access to an Indian reservation or Indian trust land
or restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally
available to Indians under Federal laws specifically applicable
to Indians.
``(13) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate and
Defense Highways described in section 103(c).
``(14) Maintenance.--The term `maintenance' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-control
devices as are necessary for safe and efficient utilization of
the highway.
``(15) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)).
``(16) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(17) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated
with the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term `operational
improvement'--
``(A) means (i) a capital improvement for
installation of traffic surveillance and control
equipment, computerized signal systems, motorist
information systems, integrated traffic control systems,
incident management programs, and transportation demand
management facilities, strategies, and programs, and
(ii) such other capital improvements to public roads as
the Secretary may designate, by regulation; and
``(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional
lanes, interchanges, and grade separations, and
construction of a new facility on a new location.
``(19) Park road.--The term `park road' means a public road,
including a bridge built primarily for pedestrian use, but with
capacity for use by emergency vehicles, that is located within,
or provides access to, an area in the National Park System with
title and maintenance responsibilities vested in the United
States.
``(20) Parkway.--The term `parkway', as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on
lands to which title is vested in the United States.
``(21) Project.--The term `project' means an undertaking to
construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
``(23) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or toll-
free facilities.
``(24) Public lands development roads and trails.--The term
`public lands development roads and trails' means those roads
and trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and utilization of public lands and resources
under the control of the Secretary of the Interior.
``(25) Public lands highway.--The term `public lands
highway' means a forest road under the jurisdiction of and
maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public lands,
nontaxable Indian lands, or other Federal reservations under the
jurisdiction of and maintained by a public authority and open to
public travel.
``(26) Public lands highways.--The term `public lands
highways' means those main highways through unappropriated or
unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
``(27) Public road.--The term `public road' means any road
or street under the jurisdiction of and maintained by a public
authority and open to public travel.
``(28) Refuge road.--The term `refuge road' means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
``(29) Rural areas.--The term `rural areas' means all areas
of a State not included in urban areas.
``(30) Safety improvement project.--The term `safety
improvement project' means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority control
systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or
installs traffic control or warning devices at locations with
high accident potential.
``(31) Secretary.--The term `Secretary' means Secretary of
Transportation.
``(32) State.--The term `State' means any of the 50 States,
the District of Columbia, or Puerto Rico.
``(33) State funds.--The term `State funds' includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation department.
``(34) State transportation department.--The term `State
transportation department' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
``(35) Transportation enhancement activities.--The term
`transportation enhancement activities' means, with
respect to any project or the area to be served by the project,
any of the following activities if such activity relates to
surface transportation: provision of facilities for pedestrians
and bicycles, provision of safety and educational activities for
pedestrians and bicyclists, acquisition of scenic easements and
scenic or historic sites, scenic or historic highway programs
(including the provision of tourist and welcome center
facilities), landscaping and other scenic beautification,
historic preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of
abandoned railway corridors (including the conversion and use
thereof for pedestrian or bicycle trails), control and removal
of outdoor advertising, archaeological planning and research,
environmental mitigation to address water pollution due to
highway runoff or reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity, and establishment of
transportation museums.
``(36) Urban area.--The term `urban area' means an urbanized
area or, in the case of an urbanized area encompassing more than
one State, that part of the urbanized area in each such State,
or urban place as designated by the Bureau of the Census having
a population of 5,000 or more and not within any urbanized area,
within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval by
the Secretary. Such boundaries shall encompass, at a minimum,
the entire urban place designated by the Bureau of the Census,
except in the case of cities in the State of Maine and in the
State of New Hampshire.
``(37) Urbanized area.--The term `urbanized area' means an
area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urbanized area within
a State as designated by the Bureau of the Census.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate
System)'';
(2) in subsection (e) by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and State
in accordance with sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall be
considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.
``(2) Safety considerations.--Transportation plans and
projects shall provide due consideration for safety and
contiguous routes for bicyclists and pedestrians. Safety
considerations shall include the installation, where
appropriate, and maintenance of audible traffic signals and
audible signs at street crossings.'';
(4) in subsection (h) by striking ``No motorized vehicles
shall'' and inserting ``Motorized vehicles may not'';
(5) in subsection (h)(3)--
(A) by striking ``when State and local regulations
permit,''; and
(B) by striking ``and'' at the end;
(6) in subsection (h)--
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following:
``(4) when State or local regulations permit, electric
bicycles; and''; and
(7) by striking subsection (j) and inserting the following:
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means a new or improved lane, path, or
shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
``(2) Electric bicycle.--The term `electric bicycle' means
any bicycle or tricycle with a low-powered electric motor
weighing under 100 pounds, with a top motor-powered speed not in
excess of 20 miles per hour.
``(3) Pedestrian.--The term `pedestrian' means any person
traveling by foot and any mobility-impaired person using a
wheelchair.
``(4) Wheelchair.--The term `wheelchair' means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.''.
(b) Design Guidance.-- <<NOTE: 23 USC 217 note.>>
(1) In general.--In implementing section 217(g) of title 23,
United States Code, the Secretary, in cooperation with the
American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and other
interested organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian travel.
(2) Issues to be addressed.--The guidance shall address
issues such as the level and nature of the demand, volume, and
speed of motor vehicle traffic, safety, terrain, cost, and sight
distance.
(3) Recommendations.--The guidance shall include
recommendations on amending and updating the policies of the
American Association of State Highway and Transportation
Officials relating to highway and street design standards to
accommodate bicyclists and pedestrians.
(4) Time period for development.--The guidance shall be
developed within 18 months after the date of enactment of this
Act.
(c) Protection of Nonmotorized Transportation Traffic.--Section
109(n) of such title is amended to read as follows:
``(n) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory action
under this title that will result in the severance of an existing major
route or have significant adverse impact on the safety for nonmotorized
transportation traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or such a
route exists.''.
(d) <<NOTE: 23 USC 130.>> Railway-Highway Crossings.--Section 130
of such title is amended by adding at the end the following:
``(j) Bicycle Safety.--In carrying out projects under this section,
a State shall take into account bicycle safety.''.
(e) National Bicycle Safety Education Curriculum.-- <<NOTE: 23 USC
402 note.>>
(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curriculum.
(3) Funding.--From amounts made available under section 210,
the Secretary may use not to exceed $500,000 for fiscal year
1999 to carry out this subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan planning
organizations designated under subsection (b), in cooperation
with the State and public transit operators, shall develop
transportation plans and programs for urbanized areas of the
State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation systems
and facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal
transportation system for the metropolitan area and as an
integral part of an intermodal transportation system for the
State and the United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent
at least 75 percent of the affected population
(including the central city or cities as defined by the
Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as a
transportation management area, when designated or redesignated
under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area (including all transportation agencies
included in the metropolitan planning organization as of
June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such title is
amended--
(A) by striking ``among'' and inserting ``between'';
and
(B) by striking ``which together'' and inserting
``that together''.
(4) Designation of more than 1 metropolitan planning
organization.--Section 134(b)(6) of such title is amended to
read as follows:
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c) of such
title is amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and inserting
the following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows and
inserting the following:
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of an
urbanized area designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.), the boundaries of the metropolitan planning area in
existence as of the date of enactment of this paragraph shall be
retained, except that the boundaries may be adjusted by
agreement of the Governor and affected metropolitan planning
organizations in the manner described in subsection (b)(5).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone or
carbon monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner described
in subsection (b)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone or carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning for
the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the term `Lake
Tahoe region' has the meaning given the term `region' in
subdivision (a) of article II of the Tahoe Regional
Planning Compact, as set forth in the first section of
Public Law 96-551 (94 Stat. 3234).
``(B) Transportation planning process.--The
Secretary shall--
``(i) establish with the Federal land
management agencies that have jurisdiction over
land in the Lake Tahoe region a transportation
planning process for the region; and
``(ii) coordinate the transportation planning
process with the planning process required of
State and local governments under this section,
section 135, and chapter 53 of title 49.
``(C) Interstate compact.--
<<NOTE: California. Nevada.>>
``(i) In general.--Subject to clause (ii),
notwithstanding subsection (b), to carry out the
transportation planning process required by this
section, the consent of Congress is granted to the
States of California and Nevada to designate a
metropolitan planning organization for the Lake
Tahoe region, by agreement between the Governors
of the States of California and Nevada and units
of general purpose local government that together
represent at least 75 percent of the affected
population (including the central city or cities
(as defined by the Bureau of the Census)), or in
accordance with procedures established by
applicable State or local law.
``(ii) Involvement of federal land management
agencies.--
``(I) Representation.--The policy
board of a metropolitan planning
organization designated under clause (i)
shall include a representative of each
Federal land management agency that has
jurisdiction over land in the Lake Tahoe
region.
``(II) Funding.--In addition to
funds made available to the metropolitan
planning organization under other
provisions of this title and under
chapter 53 of title 49, not more than 1
percent of the funds allocated under
section 202 may be used to carry out the
transportation planning process for the
Lake Tahoe region under this
subparagraph.
``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
``(i) shall be selected for funding in a
manner that facilitates the participation of the
Federal land management agencies that have
jurisdiction over land in the Lake Tahoe region;
and
``(ii) may, in accordance with chapter 2, be
funded using funds allocated under section 202.
``(4) Recipients of other assistance.--The Secretary shall
encourage each metropolitan planning organization to coordinate,
to the maximum extent practicable, the design and delivery of
transportation services within the metropolitan planning area
that are provided--
``(A) by recipients of assistance under chapter 53
of title 49; and
``(B) by governmental agencies and nonprofit
organizations (including representatives of the agencies
and organizations) that receive Federal assistance from
a source
other than the Department of Transportation to provide
nonemergency transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is amended--
<<NOTE: 23 USC 134.>>
(1) in the subsection heading by striking ``MPO's'' and
inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a project is
located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning organizations
shall coordinate plans regarding the project.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by
paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such title is
amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall provide
for consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
``(C) increase the accessibility and mobility
options available to people and for freight;
``(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes, for
people and freight;
``(F) promote efficient system management and
operation; and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable by
any court under this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such title is
amended--
(1) in paragraph (2) by striking ``, at a minimum'' and
inserting ``contain, at a minimum, the following'';
(2) in paragraph (2)(A) by striking ``Identify'' and
inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the
adopted long-range transportation plan can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial
plan may include, for illustrative purposes, additional
projects that would be included in the adopted long-
range transportation plan if reasonable additional
resources beyond those identified in the financial plan
were available. For the purpose of developing the long-
range transportation plan, the metropolitan planning
organization and State shall cooperatively develop
estimates of funds that will be available to support
plan implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of
users of public transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long Range
Plan'' and inserting ``Long-Range Transportation Plan'';
(7) in the headings for paragraphs (2) and (5) by striking
``long range plan'' and inserting ``long-range transportation
plan''; and
(8) by striking ``long range plan'' each place it appears
and inserting ``long-range transportation plan''.
(h) Metropolitan Transportation Improvement Program.--Section 134(h)
of such title is amended <<NOTE: 23 USC 134.>> to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transit operator, the metropolitan
planning organization designated for a metropolitan area
shall develop a transportation improvement program for
the area for which the organization is designated.
``(B) Opportunity for comment.--In developing the
program, the metropolitan planning organization, in
cooperation with the State and any affected public
transit operator, shall provide citizens, affected
public agencies, representatives of transportation
agency employees, freight shippers, providers of freight
transportation services, private providers of
transportation, representatives of users of public
transit, and other interested parties with a reasonable
opportunity to comment on the proposed program.
``(C) Funding estimates.--For the purpose of
developing the transportation improvement program, the
metropolitan planning organization, public transit
agency, and State shall cooperatively develop estimates
of funds that are reasonably expected to be available to
support program implementation.
``(D) Updating and approval.--The program shall be
updated at least once every 2 years and shall be
approved by the metropolitan planning organization and
the Governor.
``(2) Contents.--The transportation improvement program
shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried out
within each 3-year period after the initial adoption of
the transportation improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation
improvement program can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the
approved transportation improvement program if
reasonable additional resources beyond those
identified in the financial plan were available.
``(3) Included projects.--
``(A) Projects under this chapter and chapter 53 of
title 49.--A transportation improvement program
developed under this subsection for a metropolitan area
shall include the projects and strategies within the
area that are proposed for funding under this chapter
and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item or identified individually in the
transportation improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection (g)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(4) Notice and comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall,
in cooperation with the State and any affected public transit
operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice of
and an opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
improvement program development required under paragraph
(1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried
out, from the approved transportation improvement
program--
``(i) by--
``(I) in the case of projects under
this chapter, the State; and
``(II) in the case of projects under
chapter 53 of title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the metropolitan
planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement
program in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation improvement
programs.--A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of projects.--
An annual listing of projects for which Federal funds
have been obligated in the preceding year shall be
published or otherwise made available by the
metropolitan planning organization for public review.
The listing shall be consistent with the categories
identified in the transportation improvement program.''.
(i) Transportation Management Areas.--
(1) <<NOTE: 23 USC 134.>> Required designations.--Section
134(i)(1) of such title is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary shall
designate as a transportation management area each
urbanized area with a population of over 200,000
individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.''.
(2) Selection of projects.--Section 134(i)(4) of such title
is amended to read as follows:
``(4) Selection of projects.--
``(A) In general.--All federally funded projects
carried out within the boundaries of a transportation
management area under this title (excluding projects
carried out on the National Highway System and projects
carried out under the bridge program or the Interstate
maintenance program) or under chapter 53 of title 49
shall be selected for implementation from the approved
transportation improvement program by the metropolitan
planning organization designated for the area in
consultation with the State and any affected public
transit operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a transportation
management area on the National Highway System and
projects carried out within such boundaries under the
bridge program or the Interstate maintenance program
shall be selected for implementation from the approved
transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.''.
(3) Certification.--Section 134(i)(5) of such
title <<NOTE: 23 USC 134.>> is amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process in each transportation management area is
being carried out in accordance with applicable
provisions of Federal law; and
``(ii) subject to subparagraph (B), certify,
not less often than once every 3 years, that the
requirements of this paragraph are met with
respect to the transportation management area.
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section and
other applicable requirements of Federal law; and
``(ii) there is a transportation improvement
program for the area that has been approved by the
metropolitan planning organization and the
Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a metropolitan
planning process is not certified, the Secretary
may withhold up to 20 percent of the apportioned
funds attributable to the transportation
management area under this title and chapter 53 of
title 49.
``(ii) Restoration of withheld funds.--The
withheld apportionments shall be restored to the
metropolitan area at such time as the metropolitan
planning organization is certified by the
Secretary.
``(iii) Feasibility of private enterprise
participation.--The Secretary shall not withhold
certification under this paragraph based on the
policies and criteria established by a
metropolitan planning organization or transit
grant recipient for determining the feasibility of
private enterprise participation in accordance
with section 5306(a) of title 49.
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--Section
134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range transportation
plan and transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to achieve the
purposes of this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).''.
(k) Additional Requirements for Certain Nonattainment Areas.--
Section 134(l) of such title is amended-- <<NOTE: 23 USC 134.>>
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to read as
follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section 104(f) of
this title to carry out sections 5303 through 5305 of title 49
shall be available to carry out this section.
``(2) Unused funds.--Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.''.
(m) Continuation of Current Review Practice.--Section 134 of such
title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''.
(n) Technical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
134 and inserting the following:
``134. Metropolitan planning.''.
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--Subject to section
134 of this title and sections 5303 through 5305 of title 49,
each State shall develop transportation plans and programs for
all areas of the State.
``(3) Contents.--The plans and programs for each State shall
provide for the development and integrated management and
operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the
State and an integral part of an intermodal transportation
system for the United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Coordination With Metropolitan Planning; State Implementation
Plan.--Section 135(b) of such title is amended by inserting after ``of
this title'' the following: ``and sections 5303 through 5305 of title
49''.
(c) Scope of Planning Process.--Section 135(c) of such title is
amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a
transportation planning process that provides for consideration
of projects and strategies that will--
``(A) support the economic vitality of the United
States, the States, and metropolitan areas, especially
by enabling global competitiveness, productivity, and
efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
``(C) increase the accessibility and mobility
options available to people and for freight;
``(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes
throughout the State, for people and freight;
``(F) promote efficient system management and
operation; and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable by
any court under this title, subchapter II of chap- ter 5 of
title 5, or chapter 7 of title 5 in any matter affecting
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(d) <<NOTE: 23 USC 135.>> Additional Requirements.--Section 135(d)
of such title is amended to read as follows:
``(d) Additional Requirements.--In carrying out planning under this
section, each State shall, at a minimum, consider--
``(1) with respect to nonmetropolitan areas, the concerns of
local elected officials representing units of general purpose
local government;
``(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land within
the boundaries of the State; and
``(3) coordination of transportation plans, programs, and
planning activities with related planning activities being
carried out outside of metropolitan planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such title is
amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period, for
all areas of the State, that provides for the development and
implementation of the intermodal transportation system of the
State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the long-range
transportation plan shall be developed in cooperation
with the metropolitan planning organization designated
for the metropolitan area under section 134 of this
title and section 5303 of title 49.
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area, the long-range transportation plan
shall be developed in consultation with affected local
officials with responsibility for transportation.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the long-range transportation plan
shall be developed in consultation with the tribal
government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the long-range transportation plan, the State shall--
``(A) provide citizens, affected public agencies,
representatives of transportation agency employees,
freight shippers, private providers of transportation,
representatives of users of public transit, providers of
freight transportation services, and other interested
parties with a reasonable opportunity to comment on the
proposed plan; and
``(B) identify transportation strategies necessary
to efficiently serve the mobility needs of people.
``(4) Financial plan.--The long-range transportation plan
may include a financial plan that demonstrates how the adopted
long-range transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the
adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under paragraph (4).''.
(f) State Transportation Improvement Program.--Section 135(f) of
such title is amended <<NOTE: 23 USC 135.>> to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a
transportation improvement program for all areas of the
State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With respect to
each metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated for
the metropolitan area under section 134 of this
title and section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With respect to
each nonmetropolitan area in the State,
the program shall be developed in
consultation with affected local
officials with responsibility for
transportation.
``(II) Review.--Not later than 1
year after the date of enactment of this
subclause, the State shall submit to the
Secretary the details of the
consultative planning process developed
by the State for nonmetropolitan areas
under subclause (I). The Secretary shall
not review or approve such process.
``(iii) Indian tribal areas.--With respect to
each area of the State under the jurisdiction of
an Indian tribal government, the program shall be
developed in consultation with the tribal
government and the Secretary of the Interior.
``(C) Participation by interested parties.--In
developing the program, the Governor shall provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transit, and other interested parties
with a reasonable opportunity to comment on the proposed
program.
``(2) Included projects.--
``(A) In general.--A transportation improvement
program developed under this subsection for a State
shall include federally supported surface transportation
expenditures within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item
or identified individually in the transportation
improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be--
``(i) consistent with the long-range
transportation plan developed under this section
for the State;
``(ii) identical to the project as described
in an approved metropolitan transportation
improvement program; and
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as nonattainment for ozone or carbon
monoxide under such Act.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(E) Financial plan.--The transportation
improvement program may include a financial plan that
demonstrates how the approved transportation improvement
program can be implemented, indicates resources from
public and private sources that are reasonably expected
to be made available to carry out the plan, and
recommends any additional financing strategies for
needed projects and programs. The financial plan may
include, for illustrative purposes, additional projects
that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(F) Selection of projects from illustrative
list.--
``(i) No required selection.--Notwithstanding
subparagraph (E), a State shall not be required to
select any project from the illustrative list of
additional projects included in the financial plan
under subparagraph (E).
``(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (E) for
inclusion in an approved transportation
improvement program.
``(G) Priorities.--The program shall reflect the
priorities for programming and expenditures of funds,
including transportation enhancement activities,
required by this title.
``(3) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas
with populations of less than 50,000 individuals
(excluding projects carried out on the National Highway
System and projects carried out under the bridge program
or the Interstate maintenance program) shall be
selected, from the approved statewide transportation
improvement program, by the State in cooperation with
the affected local officials.
``(B) National highway system projects.--Projects
carried out in areas described in subparagraph (A) on
the National Highway System and projects carried out in
such areas under the bridge program or the Interstate
maintenance program shall be selected, from the approved
statewide transportation improvement program, by the
State in consultation with the affected local officials.
``(4) Biennial review and approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which the program was developed is consistent with this section,
section 134, and sections 5303 through 5305 of title 49,
approved not less frequently than biennially by the Secretary.
``(5) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not be
required to advance a project included in the approved statewide
transportation improvement program in place of another project
in the program.''.
(g) Funding.--Section 134(g) of <<NOTE: 23 USC 135.>> such title is
amended by striking ``section 307(c)(1)'' and inserting ``section
505(a)''.
(h) Continuation of Current Review Practice.--Section 135 of such
title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''.
(i) Participation of Local Elected Officials.-- <<NOTE: 23 USC 135
note.>>
(1) Study.--The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials in
transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between each State, local officials in rural areas in the State,
and regional planning and development organizations in the
State.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study with any
recommendations the Secretary determines appropriate as a result
of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23, United
States Code, is amended in clauses (i) and (ii) of subparagraph (B) by
striking ``, except to'' each place it appears and all that follows
through the period at the end and inserting a period.
(b) Selection Process.--Section 112 of title 23, United States Code,
is amended by adding at the end the following:
``(g) Selection Process.--A State may procure, under a single
contract, the services of a consultant to prepare any environmental
impact assessments or analyses required for a project, including
environmental impact statements, as well as subsequent engineering and
design work on the project if the State conducts a review that assesses
the objectivity of the environmental assessment, environmental analysis,
or environmental impact statement prior to its submission to the
Secretary.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting after
subsection (a) the following:
``(b) Access of Motorcycles.--No State or political subdivision of a
State may enact or enforce a law that applies only to motorcycles and
the principal purpose of which is to restrict the access of motorcycles
to any highway or portion of a highway for which Federal-aid highway
funds have been utilized for planning, design, construction, or
maintenance. Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Ferry Operating and Leasing Amendments.--Section 129(c)(3) of
title 23, United States Code, is amended by striking ``owned.'' and
inserting ``owned or operated or majority publicly owned if the
Secretary determines with respect to a majority publicly owned ferry or
ferry terminal facility that such ferry boat or ferry terminal facility
provides substantial public benefits.''.
(b) Reauthorization.--Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat.
2005) is amended--
(1) in the second sentence of subsection (c) by striking
``Such sums'' and inserting ``Sums made available to carry out
this section'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made available
to carry out this section for each of fiscal years 1999 through
2003 shall be obligated for the construction or refurbishment of
ferry boats and ferry terminal facilities and approaches to such
facilities within marine highway systems that are part of the
National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available
to the State of Alaska.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of New Jersey.
``(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of Washington.''.
(c) Study.-- <<NOTE: 23 USC 129 note.>>
(1) In general.--The Secretary shall conduct a study of
ferry transportation in the United States and its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes served; and
(ii) the source and amount, if any, of funds
derived from Federal, State, or local government
sources supporting ferry construction or
operations;
(B) to identify potential domestic ferry routes in
the United States and its possessions and to develop
information on those routes; and
(C) to identify the potential for use of high-speed
ferry services and alternative-fueled ferry services.
(2) Report.--The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section 140(a) of
title 23, United States Code, is amended by inserting after the third
sentence the following: ``In implementing such programs, a State may
reserve training positions for persons who receive welfare assistance
from such State; except that the implementation of any such program
shall not cause current employees to be displaced or current positions
to be supplanted or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program registered
with the Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title without
regard to the length of time of their participation in such program.''.
(b) Highway Training.--Section 140(b) of such title is amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the following:
``, and to develop and fund summer transportation
institutes''; and
(2) in the second sentence by striking ``104(b)'' and
inserting ``104(b)(3)''.
(c) Supportive Services.--Section 140(c) of such title is amended by
striking ``104(a)'' and inserting ``104(b)(3)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is amended--
(1) by striking ``A State'' and inserting the following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a
State may permit a vehicle with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title. Such
permission may be revoked by the State should the State
determine it necessary.''; and
(3) by aligning the remainder of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. <<NOTE: 23 USC 135 note.>> 1210. ADVANCED TRAVEL FORECASTING
PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an advanced travel
forecasting procedures program--
(1) to provide for completion of the advanced transportation
model developed under the Transportation Analysis Simulation
System (referred to in this section as ``TRANSIMS''); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics package
developed under TRANSIMS and the program established under this
section to States, local governments, and metropolitan planning
organizations with responsibility for travel modeling.
(b) Eligible Activities.--The Secretary shall use funds made
available under this section to--
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling; and
(4) allocate funds to not more than 12 entities described in
paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel
forecasting procedures in use by the areas as of the date of
enactment of this Act to the use of the advanced transportation
model.
(c) Funding.--
(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for fiscal year
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal
year 2000, $5,000,000 for fiscal year 2001, $4,000,000 for
fiscal year 2002, and $2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each of fiscal
years 1998 and 1999, 100 percent of the funds made
available under paragraph (1) shall be allocated to
activities as described in paragraphs (1), (2), and (3)
of subsection (b).
(B) Fiscal years 2000 through 2003.--For each of
fiscal years 2000 through 2003, not more than 50 percent
of the funds made available under paragraph (1) may be
allocated to activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of--
(A) any activity described in paragraph (1), (2), or
(3) of subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4)
shall not exceed 80 percent.
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface Transportation
Efficiency Act of 1991 (109 Stat. 593 et seq.) <<NOTE: 105 Stat.
2008.>> is amended by adding at the end the following:
``(3) Pennsylvania station redevelopment corporation board
of directors.--In furtherance of the redevelopment of the James
A. Farley Post Office in New York, New York, into an intermodal
transportation facility and commercial center, the Secretary,
the Administrator of the Federal Railroad Administration, or
their designees are authorized to serve as ex officio members of
the Board of Directors of the Pennsylvania Station Redevelopment
Corporation.''.
(b) Union Station Redevelopment Corporation Board of Directors.--
Subtitle B of title I of the National Visitor Center Facilities Act of
1968 (40 U.S.C. 811 et seq.) is amended by adding at the end the
following:
``SEC. 120. UNION STATION REDEVELOPMENT CORPORATION. <<NOTE: 40 USC
819a.>>
``To further the rehabilitation, redevelopment and operation of the
Union Station complex, the Secretary of Transportation, the
Administrator of the Federal Railroad Administration, or their designees
are authorized to serve as ex officio members of the Board of Directors
of the Union Station Redevelopment Corporation.''.
(c) Safety Belt Use Law Requirements.--Section 355 of the National
Highway System Designation Act of 1995 (109 Stat. 624) is amended--
(1) in the section heading by striking ``and maine'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire and Maine
shall each'' and inserting ``State of New Hampshire
shall''; and
(B) in paragraph (1) by striking ``and 1996'' and
inserting ``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(d) Metric Conversion at State Option.--Section 205(c)(2) of the
National Highway System Designation Act of 1995 (23 U.S.C. 109 note; 109
Stat. 577) is amended by striking ``Before September 30, 2000, the'' and
inserting ``The''.
(e) Right-of-Way Revolving Fund.--
(1) Termination.--Section 108 of title 23, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(2) Transition provision.-- <<NOTE: 23 USC 108 note.>>
(A) In general.--Funds advanced to a State by the
Secretary from the right-of-way revolving fund
established by section 108(c) of title 23, United States
Code, prior to the date of enactment of this Act shall
remain available to the State for use on the projects
for which the funds were advanced for a period of 20
years from the date on which the funds were advanced.
(B) Credit to highway trust fund.--With respect to a
project for which funds have been advanced from the
right-of-way revolving fund, upon the termination of the
20-year period referred to in subparagraph (A), when
actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the project on
the right-of-way, whichever occurs first--
(i) the Highway Trust Fund (other than the
Mass Transit Account) shall be credited with an
amount equal to the Federal share of the funds
advanced, as provided in section 120 of title 23,
United States Code, out of any Federal-aid highway
funds apportioned to the State in which the
project is located and available for obligation
for projects of the type funded; and
(ii) the State shall reimburse the Secretary
in an amount equal to the non-Federal share of the
funds advanced for deposit in, and credit to, the
Highway Trust Fund (other than the Mass Transit
Account).
(g) Pilot Toll Collection Program.--Section 129 of title 23, United
States Code, is amended by striking subsection (d).
(h) Congressional Bridge Commissions.--Public Law 87-441 (76 Stat.
59) is repealed.
(i) ISTEA High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) is
amended--
(A) by striking paragraph (5)(B)(iii)(I)(ff) and
inserting the following:
``(ff) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina, including a
connection to Andrews following the
route 41 corridor and to Camden
following the U.S. Route 521 corridor;
and'';
(B) by striking paragraph (5)(B)(iii)(II)(hh) and
inserting the following:
``(hh) South Carolina State line to
the Myrtle Beach Conway region to
Georgetown, South Carolina.'';
(C) in paragraph (9) by inserting after ``New York''
the following: ``, including United States Route 322
between United States Route 220 and I-80'';
(D) in paragraph (18)--
(i) by striking ``(18) Corridor from
Indianapolis,'' and inserting the following:
``(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69 through
Indianapolis,''; and
(ii) by striking ``and to include'' and
inserting the following: ``as follows:
``(A) In Michigan, the corridor shall be from
Sarnia, Ontario, Canada, southwesterly along Interstate
Route 94 to the Ambassador Bridge interchange in
Detroit, Michigan.
``(B) In Michigan and Illinois, the corridor shall
be from Windsor, Ontario, Canada, through Detroit,
Michigan, westerly along Interstate Route 94 to Chicago,
Illinois.
``(C) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
``(i) follow the alignment generally
identified in the Corridor 18 Special Issues Study
Final Report; and
``(ii) include a connection between the
Corridor in the vicinity of Monticello, Arkansas,
to Pine Bluff, Arkansas.
``(D) In the Lower Rio Grande Valley, the Corridor
shall--
``(i) include United States Route 77 from the
Rio Grande River to Interstate Route 37 at Corpus
Christi, Texas, and then to Victoria, Texas, via
U.S. Route 77;
``(ii) include United States Route 281 from
the Rio Grande River to Interstate Route 37 and
then to Victoria, Texas, via United States Route
59; and
``(iii) include'';
(E) in paragraph (21) by striking ``United States
Route 17 in the vicinity of Salamanca, New York'' and
inserting ``Interstate Route 80'';
(F) by inserting ``, including I-29 between Kansas
City and the Canadian border'' before the period at the
end of paragraph (23); and
(G) by inserting after paragraph (29) the following:
``(30) Interstate Route 5 in the States of California,
Oregon, and Washington, including California State Route 905
between Interstate Route 5 and the Otay Mesa Port of Entry.
``(31) The Mon-Fayette Expressway and Southern Beltway in
Pennsylvania and West Virginia.
``(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the Upper
Mississippi River Basin near Eau Claire, Wisconsin, as follows:
``(A) United States Route 151 from the Iowa border
to Fond du Lac via Madison, Wisconsin, then United
States Route 41 from Fond du Lac to Marinette via
Oshkosh, Appleton, and Green Bay, Wisconsin.
``(B) State Route 29 from Green Bay to I-94 via
Wausau, Chippewa Falls, and Eau Claire, Wisconsin.
``(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
``(33) The Capital Gateway Corridor following United States
Route 50 from the proposed intermodal transportation center
connected to I-395 in Washington, D.C., to the intersection of
United States Route 50 with Kenilworth Avenue and the Baltimore-
Washington Parkway in Maryland.
``(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described as
52.8 miles from east Los Angeles (terminus of Alameda Corridor)
through the San Gabriel Valley terminating at Colton Junction in
San Bernardino. The Southwest Passage shall follow I-10 from San
Bernardino to the Arizona State line and I-8 from San Diego to
the Arizona State line.
``(35) Everett-Tacoma FAST Corridor.
``(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I-90 in Pennsylva-
nia.
``(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the Mexican Border
via I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree, Arkansas, to
I-55.
``(40) The Greensboro Corridor from Danville, Virginia, to
Greensboro, North Carolina, along United States Route 29.
``(41) The Falls-to-Falls Corridor--United States Route 53
from International Falls on the Minnesota/Canada border to
Chippewa Falls, Wisconsin.
``(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55 near
Batesville, Mississippi, to the intersection with Corridor X of
the Appalachian development highway system near Fulton,
Mississippi, and the portion of Corridor X of the Appalachian
development highway system from near Fulton, Mississippi, to the
intersection with Interstate Route 65 near Birmingham, Alabama.
``(43) The United States Route 95 Corridor from the Canadian
border at Eastport, Idaho, to the Oregon State border.''.
(2) Provisions applicable to corridors.--Section
1105(e)(5)(A) of such Act is amended-- <<NOTE: 105 Stat.
2031.>>
(A) by inserting after ``referred to'' the first
place it appears the following: ``in subsection
(c)(1),'';
(B) by striking ``and'' the second place it appears;
and
(C) by inserting after ``(c)(20)'' the following:
``, in subsection (c)(36), in subsection (c)(37), in
subsection (c)(40), and in subsection (c)(42)''.
(3) Routes.--Section 1105(e)(5) of such Act is further
amended--
(A) in subparagraph (A) by inserting ``(except with
respect to Georgetown County)'' before ``(iii)'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Routes.--
``(i) Designation.--The routes referred to in
subsections (c)(18) and (c)(20) shall be
designated as Interstate Route I-69. A State
having jurisdiction over any segment of routes
referred to in subsections (c)(18) and (c)(20)
shall erect signs identifying such segment that is
consistent with the criteria set forth in
subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route I-69, including segments of
United States Route 59 in the State of Texas. The
segment identified in subsection (c)(18)(B)(i)
shall be designated as Interstate Route I-69 East,
and the segment identified in subsection
(c)(18)(B)(ii) shall be designated as Interstate
Route I-69 Central. The State of Texas shall erect
signs identifying such routes as segments of
future Interstate Route I-69.
``(ii) Rulemaking to determine future
interstate sign erection criteria.--The Secretary
shall conduct a rulemaking to determine the
appropriate criteria for the erection of signs for
future routes on the Interstate System identified
in subparagraph (A).
Such rulemaking shall be undertaken in
consultation with States and local officials and
shall be completed not later than December 31,
1998.'';
(D) by striking the last sentence of subparagraph
(A) and inserting it as the first sentence of
subparagraph (B)(i) (as inserted by subparagraph (C) of
this paragraph); and
(E) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph), by striking ``(C)''
and inserting ``(D)''.
(j) Winter Home Heating Oil Delivery.--Section 346 of the National
Highway System Designation Act of 1995 (109 Stat. 615-616) <<NOTE: 49
USC 31136 note.>> is amended--
(1) in subsection (a) by striking ``season in the 6-month
period beginning on November 1, 1996'' and inserting ``seasons
in the 18-month period beginning on November 1, 1998''; and
(2) by adding at the end the following:
``(g) <<NOTE: Reports.>> Study.--Not later than 1 year after the
completion of the pilot program, the Secretary shall submit to Congress
a report on the results of the program, including an assessment of any
impact on public safety.''.
(k) Future Corridor Segment.--
(1) Study.--The Secretary shall conduct a study to determine
the feasibility of providing an Interstate quality road for a
route that runs in south/west direction generally along United
States Route 61 and crosses the Mississippi River in the
vicinity of Memphis, Tennessee, to Highway 79 and generally
follows Highway 79 to Pine Bluff, Arkansas.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for fiscal year 1999 to carry out the study.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that such
funds shall remain available until expended.
(l) Baton Rouge, Louisiana.--
(1) Reduction in scope of project.--Section 149(a) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 181-198) is amended in paragraph (47)(B)--
(A) by inserting ``and'' after the semicolon at the
end of clause (i);
(B) by striking ``; and'' at the end of clause (ii)
and inserting a period; and
(C) by striking clause (iii).
(2) Applicability of obligation limitation.--Notwithstanding
any other provision of law, the project described in section
149(a)(47)(B) of such Act shall be subject to any limitation on
obligations for Federal-aid highway and highway safety
construction programs.
(m) Amendments to Surface Transportation Assistance Act of 1982.--
Section 146 of the Surface Transportation Assistance Act of 1982 (96
Stat. 2130), relating to lane restrictions, is repealed.
(n) Substitute Project.--Section 1045 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in
subsection (a)--
(1) by striking ``(a) Approval of Project.--
Notwithstanding'' and inserting the following:
``(a) Approval of Project.--
``(1) Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State of
Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the
substitute project approved by the Secretary under paragraph (1)
and subsection (c) of this section.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking the second
sentence; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Compliance.--Compliance with subsection (a) shall
have no effect on the eligibility of costs.''.
(2) Change in term defined.--
(A) In general.--Title 23, United States Code, is
amended--
(i) <<NOTE: 23 USC 102 et seq.>> by striking
``State highway department'' each place it appears
and inserting ``State transportation department'';
and
(ii) <<NOTE: 23 USC 104 et seq.>> by striking
``State highway departments'' each place it
appears and inserting ``State transportation
departments''.
(B) Conforming amendments.--
(i) The analysis for chapter 3 of title 23,
United States Code, is amended in the item
relating to section 302 by striking ``highway''
and inserting ``transportation''.
(ii) Section 302 of title 23, United States
Code, is amended in the section heading by
striking ``highway'' and inserting
``transportation''.
(iii) Section 201(b) of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.)
is amended in the second sentence by striking
``State highway department'' and inserting ``State
transportation department''.
(iv) Section 138(c) of the Surface
Transportation Assistance Act of 1978 (40 U.S.C.
App. (note to section 201 of the Appalachian
Regional Development Act of 1965); 92 Stat. 2710)
is amended in the first sentence--
(I) by striking ``Federal-aid
primary system'' and inserting
``National Highway System''; and
(II) by striking ``State highway
department'' and inserting ``State
transportation department''.
(b) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to fund the
production, in cooperation with a not-for-profit national public
television station and the National Academy of Engineering, of a
documentary about infrastructure that shall demonstrate
how public works and infrastructure projects stimulate job
growth and the economy and contribute to the general welfare of
the Nation.
(2) Federal share.--
(A) In general.--The Federal share of the cost of
production of the documentary shall be 60 percent. The
non-Federal share shall be provided from private sources
and shall include amounts expended by such sources for
the production before the date of enactment of this Act.
(B) Calculation.--The calculation of the Federal and
non-Federal shares under this paragraph shall be made
over the term for which sums are authorized to be
appropriated under paragraph (3).
(3) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $888,000 for fiscal year 1998, and
$1,000,000 for each of fiscal years 1999 and 2000. Such funds
shall remain available until expended.
(4) Applicability of title 23.--Funds authorized by this
paragraph shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project under this subsection and the availability of funds
authorized by this subsection shall be determined in accordance
with this subsection.
(c) Mass Transportation Buses.--Section 1023(h)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note) is
amended by striking ``the date on which'' and all that follows through
``1995'' and inserting ``October 1, 2003''.
(d) Vehicle Weight Limitations.
(1) In general.--Section 127(a) of title 23, United States
Code, is amended--
(A) by inserting before the next to the
last <<NOTE: Colorado.>> sentence the following: ``With
respect to the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall be
considered a nondivisible load.''; and
(B) by adding at the end the <<NOTE: Louisiana.>>
following: ``The State of Louisiana may allow, by
special permit, the operation of vehicles with a gross
vehicle weight of up to 100,000 pounds for the hauling
of sugarcane during the harvest season, not to exceed
100 days annually. With <<NOTE: New Hampshire.>> respect
to Interstate Route 95 in the State of New Hampshire,
State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1,
1987, and are applicable to State highways other than
the Interstate System, shall be applicable in lieu of
the requirements of this subsection. With respect to
that portion of the <<NOTE: Maine.>> Maine Turnpike
designated Interstate Route 95 and 495, and that portion
of Interstate Route 95 from the southern terminus of the
Maine Turnpike to the New Hampshire State line, laws
(including regulations) of the State of Maine concerning
vehicle weight limitations that were in effect on
October 1, 1995, and are applicable to State highways
other than the Interstate System, shall be applicable in
lieu of the requirements of this subsection.''.
(2) Studies.--
(A) Colorado.--
(i) In general.--In consultation with the
Secretary, the State of Colorado shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(A),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(B) Louisiana.--
(i) In general.--In consultation with the
Secretary, the State of Louisiana shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(C) Maine.--
(i) In general.--In consultation with the
Secretary, the State of Maine shall conduct a
study analyzing the economic, safety, and
infrastructure impacts of the exemption provided
by the amendment made by paragraph (1)(B),
including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(D) New Hampshire.--
(i) In general.--In consultation with the
Secretary, the State of New Hampshire shall
conduct a study analyzing the economic, safety,
and infrastructure impacts of the exemption
provided by the amendment made by paragraph
(1)(B), including the impact of not having such an
exemption. In preparing the study, the State shall
provide adequate opportunity for public comment.
(ii) Funding.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $200,000 for fiscal
year 1999 to carry out the study.
(E) Applicability of title 23, united states code.--
Funds authorized by this paragraph shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code; except that such funds shall remain available
until expended.
(k) Driver Training and Safety Center.--
(1) <<NOTE: Pennsylvania.>> In general.--The Secretary
shall make grants to establish a driver training and safety
center at Connellsville, Pennsylvania.
(2) Purpose.--The purpose of the facility shall be to train
and enhance the driving skills of motor vehicle and emergency
vehicle operators.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $2,500,000 for
each of fiscal years 1999 through 2001.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the funds shall remain available
until expended.
(l) Ohio River Welcome Center.--
(1) <<NOTE: West Virginia.>> In general.--The Secretary
shall make grants to establish a welcome center in Point
Pleasant, West Virginia.
(2) Access.--The center shall be accessible by motor
vehicle, bicycle, pedestrian walkway, and river transportation.
(3) Facilities.--The center shall include a comfort station,
picnic and sitting plaza, a small amphitheater, a deep river
port, a marina, and a walking trail.
(4) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $412,900 for
fiscal year 1999, $1,362,500 for fiscal year 2000, and $699,500
for fiscal year 2001.
(5) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost of
activities carried out using the funds shall be 50 percent and
the funds shall remain available until expended.
(m) Project Flexibility for Minnesota.--Notwithstanding any other
provision of law, funds allocated for a project in the State of
Minnesota under section 117 of title 23, United States Code, may be
obligated for any other project in the State for which funds are so
allocated; except that the total amount of funds authorized for any
project for which funds are so allocated shall not be reduced.
(n) Baltimore Washington Parkway.--Notwithstanding any other
provision of law, the Federal share of the cost of a project for which
funds are allocated under section 117 of title 23, United States Code,
for renovation and construction of the Baltimore Washington Parkway in
Prince Georges County, Maryland, shall be 100 percent.
(o) Bicycle and Pedestrian Safety Grants.-- <<NOTE: 23 USC 402
note.>>
(1) In general.--The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety--
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational programs;
and
(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
(D) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for each of fiscal years 1998
through 2003.
(E) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota. The
purpose of the facility shall be to develop an appropriate
curriculum for training, and to train operators and future
operators of heavy equipment in the safe use of such equipment.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $500,000 for each of fiscal years 1998 and
1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of establishment of the facility under this
subsection shall be 80 percent and such funds shall remain
available until expended.
(q) Motor Carrier Operator Vehicle and Training Facility.--
(1) <<NOTE: Pennsylvania.>> Establishment.--The Secretary
shall make grants to the Commonwealth of Pennsylvania to
establish and operate an advanced tractor trailer safety and
operator training facility in Chambersburg, Pennsylvania. The
purpose of the facility shall be to develop and coordinate an
advance curriculum for the training of operators and future
operators of tractor trailers. The facility shall conduct
training on the test track at Letterkenny Army Depot and the
unused segment of the Pennsylvania Turnpike located in Bedford
County, Pennsylvania. The facility shall be operated by a not-
for-profit entity and, when Federal assistance is no longer
being provided with respect to the facility, shall be privately
operated.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $500,000 for each of fiscal years 1998
through 2003 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code, except that such funds shall
remain available until expended and the Federal share of the
cost of establishment and operation of the facility under this
subsection shall be 80 percent.
(r) High Priority Las Vegas Intermodal Center.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 and $2,500,000 for fiscal year 2000 for the
High Priority Las Vegas Intermodal Center in Las Vegas, Nevada.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(s) Seismic Design.--
(1) In general.--The Secretary shall provide--
(A) $8,000,000 for fiscal year 1999 for seismic
design and engineering of the Mississippi/Arkansas Great
River Bridge;
(B) $8,000,000 for fiscal year 1999 to the State of
Missouri for seismic design and deployment; and
(C) $7,000,000 for fiscal year 1999 to the State of
Arkansas for seismic design and deployment.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(t) Biloxi Harbor, Mississippi.--The portion of the project for
navigation, Biloxi Harbor, Mississippi, authorized by the River and
Harbor Act of 1960 (74 Stat. 481), for the Bernard Bayou Channel
beginning near the Air Force Oil Terminal at approximately navigation
mile 2.6 and extending downstream to the North-South \1/2\ of Section
30, Township 7 South, Range 10 West, Harrison County, Mississippi, just
west of Kremer Boat Yards, is not authorized after the date of enactment
of this Act.
(u) Clarification.--Notwithstanding any other provision of law, the
Commonwealth of Pennsylvania is authorized to proceed with engineering,
final design, and construction of Corridor O of the Appalachian
development highway system between Bald Eagle and Interstate Route 80.
All records of decision relating to Corridor O issued prior to the date
of enactment of this Act shall remain in effect.
(v) Boundary Waters Canoe <<NOTE: Effective date.>> Area.--
Effective January 1, 1999, section 4 of the Act of October 21, 1978
(Public Law 95-495) is amended-- <<NOTE: 92 Stat. 1650.>>
(1) by striking subsection (g) and inserting the following:
``(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles to transport boats across the portages
between the Moose Lake Chain and Basswood Lake, Minnesota, and between
Vermilion Lake and Trout Lake, Minnesota.''; and
(2) in subsection (c)(2) by striking ``; Alder, Cook County;
Canoe, Cook County''.
(w) Miscellaneous Projects.--
(1) Replacement of roslyn viaduct.--
(A) Project.--The Secretary is authorized to carry
out a project for replacement of a segment of the Roslyn
elevated highway (NY25A) on Long Island, New York.
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $51,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(2) Design and engineering for miller highway.--
(A) Project.--The Secretary is authorized to carry
out a project for design and engineering of the Miller
Highway on the west side of Manhattan, New York.
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $15,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(3) Williamsville toll barrier.--
(A) Project.--The Secretary is authorized to carry
out a project to relocate a toll barrier complex to
relieve traffic congestion in the Buffalo, New York,
area.
(B) Authorization.--There is authorized to be
appropriated to carry out this paragraph $20,000,000 for
fiscal years beginning after September 30, 1998. Such
sums shall remain available until expended.
(x) St. Georges, Delaware.--The Secretary of the Army shall transfer
all right, title, and interest of the United States in the highway
bridge on United States Route 13 in the vicinity of St. Georges,
Delaware, to the State of Delaware if the transfer is necessary to
facilitate retransfer to a private entity for the purpose of
demonstrating the effectiveness and efficiency of the use of large-scale
composites technology for bridge rehabilitation. In evaluating the level
of service for all Federal crossings over the Chesapeake and Delaware
Canal in Delaware, the total vehicle trips per day on this transferred
bridge shall be attributed to the remaining Federal crossing at St.
Georges, Delaware (the SR1 Bridge). If the transfer is completed within
180 days after the date of enactment of this Act, the Secretary shall
provide $10,000,000 to the State for the State to use in rehabilitating
the bridge.
(y) Mount Paran Interchange Project for Interstate Route 75.--
Notwithstanding any other provision of law, none of the funds made
available under this Act or title 23, United States Code, shall be used
to carry out a project to construct or improve the Mount Paran
interchange on Interstate Route 75 in Georgia unless the Atlanta
Regional Commission approves the project after the date of enactment of
this Act.
(z) <<NOTE: Pennsylvania.>> Nittany Parkway.--The Secretary shall
designate 31 miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) <<NOTE: 23 USC 101 note.>> Highway Economic Requirement
System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of the
United States shall conduct an evaluation of the
methodology used by the Department of Transportation to
determine highway needs using the highway economic
requirement system (in this subsection referred to as
the ``model'').
(B) Required element.--The evaluation shall include
an assessment of the extent to which the model estimates
an optimal level of highway infrastructure investment,
including an assessment as to when the model may be
overestimating or underestimating investment
requirements.
(C) Report to congress.--Not later than 2 years
after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results
of the evaluation.
(2) State investment plans.--
(A) Study.--In consultation with State
transportation departments and other appropriate State
and local officials, the Comptroller General of the
United States shall conduct a study on the extent to
which the model can be used to provide States with
useful information for developing State transportation
investment plans and State infrastructure investment
projections.
(B) Required elements.--The study shall--
(i) identify any additional data that may need
to be collected beyond the data submitted, before
the date of enactment of this Act, to the Federal
Highway Administration through the highway
performance monitoring system; and
(ii) identify what additional work, if any,
would be required of the Federal Highway
Administration and the States to make the model
useful at the State level.
(C) Report to congress.--Not later than 3 years
after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results
of the study.
(b) International Roughness Index.-- <<NOTE: 23 USC 109 note.>>
(1) Study.--The Comptroller General of the United States
shall conduct a study on the international roughness index that
is used as an indicator of pavement quality on the Federal-aid
highway system.
(2) Required elements.--The study shall specify the extent
of usage of the index and the extent to which the international
roughness index measurement is reliable across different
manufacturers and types of pavement.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
(c) <<NOTE: 23 USC 401 note.>> Use of Uniformed Police Officers on
Federal-Aid Highway Construction Projects.--
(1) Study.--In consultation with the States, State
transportation departments, and law enforcement organizations,
the Secretary shall conduct a study on the extent and
effectiveness of use by States of uniformed police officers on
Federal-aid highway construction projects.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study, including any legislative
and administrative recommendations of the Secretary.
(d) <<NOTE: 23 USC 101 note.>> Southwest Border Transportation
Infrastructure.--
(1) Assessment.--The Secretary shall conduct a comprehensive
assessment of the state of the transportation infrastructure on
the southwest border between the United States and Mexico (in
this subsection referred to as the ``border'').
(2) Consultation.--In carrying out the assessment, the
Secretary shall consult with--
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
(F) the American Commissioner on the International
Boundary Commission, United States and Mexico;
(G) State agencies responsible for transportation
and law enforcement in border States; and
(H) municipal governments and transportation
authorities in sister cities in the border area.
(3) Requirements.--In carrying out the assessment, the
Secretary shall--
(A) assess the flow of commercial and private
traffic through designated ports of entry on the border;
(B) assess the adequacy of transportation
infrastructure in the border area, including highways,
bridges, railway lines, and border inspection
facilities;
(C) assess the adequacy of law enforcement and
narcotics abatement activities in the border area, as
the activities relate to commercial and private traffic
and infrastructure;
(D) assess future demands on transportation
infrastructure in the border area; and
(E) make recommendations to facilitate legitimate
cross-border traffic in the border area, while
maintaining the integrity of the border.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the assessment conducted under this subsection,
including any related legislative and administrative
recommendations.
(e) <<NOTE: 23 USC 123 note.>> Study of Procurement Practices and
Project Delivery.--
(1) Study.--The Comptroller General shall conduct a study to
assess the impact that a utility company's failure to relocate
its facilities in a timely manner has on the delivery and cost
of Federal-aid highway and bridge projects. The study shall also
assess the following:
(A) Methods States use to mitigate such delays,
including the use of the courts to compel cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations on
Federal-aid transportation project sites and,
conversely, penalties assessed on utility companies for
utility relocation delays on such projects.
(C) The extent to which States have used available
technologies, such as subsurface utility engineering,
early in the design of Federal-aid highway and bridge
projects so as to eliminate or reduce the need for or
delays due to utility relocations.
(D) Whether individual States compensate
transportation contractors for business costs incurred
by the contractors when Federal-aid highway and bridge
projects under contract to them are delayed by utility-
company-caused delays in utility relocations and any
methods used by States in making any such compensation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit to
Congress a report on the results of the study with any
recommendations the Comptroller General determines appropriate
as a result of the study.
(f) Specialized Hauling Vehicles.-- <<NOTE: 23 USC 127 note.>>
(1) Study.--The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized hauling
vehicles. The study shall include, at a minimum, an analysis of
the economic, safety, and infrastructure impacts of the
standards.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(g) <<NOTE: 23 USC 131 note.>> Study of State Practices on Specific
Service Signing.--
(1) Study.--The Secretary shall conduct a study to determine
the practices in the States for specific service food signs
described in sections 2G-5.7 and 2G-5.8 of the Manual on Uniform
Traffic Control Devices for Streets and Highways. The study
shall examine, at a minimum--
(A) the practices of all States for determining
businesses eligible for inclusion on such signs;
(B) whether States allow businesses to be removed
from such signs and the circumstances for such removal;
(C) the practices of all States for erecting and
maintaining such signs, including the time required for
erecting such signs; and
(D) whether States contract out the erection and
maintenance of such signs.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, including any
recommendations and, if appropriate, modifications to the
Manual.
(h) <<NOTE: 23 USC 127 note.>> Vehicle Weight Enforcement.--
(1) Study.--The Secretary shall conduct a study of State
laws (including regulations) relating to penalties for violation
of State commercial motor vehicle weight laws.
(2) Purpose.--The purpose of the study shall be to determine
the effectiveness of State penalties as a deterrent to illegally
overweight trucking operations. The study shall evaluate fine
structures, innovative roadside enforcement techniques, and a
State's ability to penalize shippers and carriers as well as
drivers and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle weight laws.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any legislative
recommendations of the Secretary.
(i) <<NOTE: 23 USC 127 note.>> Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the
Transportation Research Board of the National Academy of
Sciences to conduct a study regarding the regulation of weights,
lengths, and widths of commercial motor vehicles operating on
Federal-aid highways to which Federal regulations apply on the
date of enactment of this Act. In conducting the study, the
Board shall review law, regulations, studies (including
Transportation Research Board Special Report 225), and practices
and develop recommendations regarding any revisions to law and
regulations that the Board determines appropriate.
(2) Factors to consider and evaluate.--In developing
recommendations under paragraph (1), the Board shall consider
and evaluate the impact of the recommendations described
in paragraph (1) on the economy, the environment, safety, and
service to communities.
(3) Consultation.--In carrying out the study, the Board
shall consult with the Department of Transportation, States, the
motor carrier industry, freight shippers, highway safety groups,
air quality and natural resource management groups, commercial
motor vehicle driver representatives, and other appropriate
entities.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Board shall transmit to Congress and
the Secretary a report on the results of the study conducted
under this subsection.
(5) Recommendations.--Not later than 180 days after the date
of receipt of the report under paragraph (4), the Secretary may
transmit to Congress a report containing comments or
recommendations of the Secretary regarding the Board's report.
(6) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
$250,000 for each of fiscal years 1999 and 2000 to carry out
this subsection.
(7) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of the study under this subsection shall be 100
percent and such funds shall remain available until expended.
(j) Traffic Analysis.--
(1) <<NOTE: Contracts. Oklahoma.>> In general.--The
Secretary shall enter into an agreement with the State of
Oklahoma to carry out a traffic analysis to determine the
feasibility of a trade processing center in McClain County,
Oklahoma.
(2) Authorization.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,000,000 for fiscal year
1999.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(1) Study.--The Secretary shall conduct a study to assess
the feasibility of providing high speed rail passenger service
from Atlanta, Georgia, to Charleston, South Carolina. The study
shall also assess the potential impact of rail service on the
tourism industry.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and to the Committee on Environment and Public
Works of the Senate a report on the results of the study,
together with any recommendations the Secretary determines
appropriate as a result of the study.
SEC. 1214. FEDERAL ACTIVITIES.
(a) <<NOTE: District of Columbia. 20 USC 76j note.>> Access to John
F. Kennedy Center for the Performing Arts.--
(1) Study.--The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing Arts,
and the Department of the Interior and in consultation with
other interested persons, shall conduct a study of methods to
improve pedestrian and vehicular access to the John F. Kennedy
Center for the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
containing the results of the study with an assessment of the
impacts (including environmental, aesthetic, economic, and
historical impacts) associated with the implementation of each
of the methods examined under the study.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $500,000 for
fiscal year 1998.
(4) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of activities conducted using such
funds shall be 100 percent and such funds shall remain available
until expended.
(b) Smithsonian Institution Transportation Program.-- <<NOTE: 20 USC
50 note.>>
(1) In general.--The Secretary shall allocate amounts made
available by this subsection for obligation at the discretion of
the Secretary of the Smithsonian Institution, in consultation
with the Secretary, to carry out projects and activities
described in paragraph (2).
(2) Eligible uses.--Amounts allocated under paragraph (1)
may be obligated only--
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of the
Nation's collection of transportation-related artifacts;
(C) to acquire historically significant
transportation-related artifacts; and
(D) to support research programs within the
Smithsonian Institution that document the history and
evolution of transportation, in cooperation with other
museums in the United States.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $1,000,000 for each of fiscal years 1998
through 2003 to carry out this subsection.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project or activity under this subsection shall be 100
percent and such funds shall remain available until expended.
(c) <<NOTE: West Virginia. 16 USC 460m-29a note.>> New River
Visitor Center.--
(1) In general.--The Secretary shall allocate to the
Secretary of the Interior amounts made available by this
subsection for the planning, design, and construction of a
visitor center, and such other related facilities as may be
necessary, to facilitate visitor understanding and enjoyment of
the scenic, historic, cultural, and recreational resources of
the New River Gorge National River in the State of West
Virginia. The center and related facilities shall be located at
a site for which title is held by the United States in the
vicinity of the I-64 Sandstone intersection.
(2) Authorization of appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $1,300,000
for fiscal year 1998, $1,200,000 for fiscal year 1999, and
$9,900,000 for fiscal year 2000.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall remain
available until expended.
(d) <<NOTE: 23 USC 202 note.>> Additional Authorization of Contract
Authority for States With Indian Reservations.--
(1) Availability to states.--Not later than October 1 of
each fiscal year, funds made available under paragraph (5) for
the fiscal year shall be made available by the Secretary, in
equal amounts, to each State that has within the boundaries of
the State all or part of an Indian reservation having a land
area of 10,000,000 acres or more.
(2) Availability to eligible counties.--
(A) In general.--Each fiscal year, each county that
is located in a State to which funds are made available
under paragraph (1), and that has in the county a public
road described in subparagraph (B), shall be eligible to
apply to the State for all or a portion of the funds
made available to the State under this subsection to be
used by the county to maintain such roads.
(B) Roads.--A public road referred to in
subparagraph (A) is a public road that--
(i) is within, adjacent to, or provides access
to an Indian reservation described in paragraph
(1);
(ii) is used by a school bus to transport
children to or from a school or Headstart program
carried out under the Head Start Act (42 U.S.C.
9831 et seq.); and
(iii) is maintained by the county in which the
public road is located.
(C) Allocation among eligible counties.--
(i) In general.--Except as provided in clause
(ii), each State that receives funds under
paragraph (1) shall provide directly to each
county that applies for funds the amount that the
county requests in the application.
(ii) Allocation among eligible counties.--If
the total amount of funds applied for under this
subsection by eligible counties in a State exceeds
the amount of funds available to the State, the
State shall equitably
allocate the funds among the eligible counties
that apply for funds.
(3) Supplementary funding.--For each fiscal year, the
Secretary shall ensure that funding made available under this
subsection supplements (and does not supplant)--
(A) any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian
reservations; and
(B) any funding provided by a State to a county for
road maintenance programs in the county.
(4) Use of unallocated funds.--Any portion of the funds made
available to a State under this subsection that is not made
available to counties within 1 year after the funds are made
available to the State shall be apportioned among the States in
accordance with section 104(b) of title 23, United States Code.
(5) Funding.--
(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(B) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(e) National Defense Highways Outside the United States.--
(1) Reconstruction projects.--If the Secretary determines,
after consultation with the Secretary of Defense, that a
highway, or a portion of a highway, located outside the United
States is important to the national defense, the Secretary may
carry out a project for reconstruction of the highway or portion
of highway.
(2) Funding.--
(A) In general.--For each of fiscal years 1998
through 2002, the Secretary may set aside not to exceed
$18,800,000 from amounts to be apportioned under section
104(b)(4) of title 23, United States Code, to carry out
this section.
(B) Availability.--Funds made available under
subparagraph (1) shall remain available until expended.
(f) <<NOTE: 16 USC 668dd note.>> Sachuest Point National Wildlife
Refuge.--
(1) In general.--The Secretary shall provide $200,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to resurface the entrance road to Sachuest Point National
Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $200,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(g) <<NOTE: 16 USC 668dd note.>> Runway Removal at Ninigret
National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $300,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to remove asphalt runways at Ninigret National Wildlife Refuge
and $5,000,000 shall be available to the State of Rhode Island
for improvements to the T.F. Green Intermodal Facility in Rhode
Island for each of fiscal years 1999 through 2003.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $5,300,000 for fiscal year 1999 and
$5,000,000 for each of fiscal years 2000 through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(h) Middletown Visitor Center.-- <<NOTE: 16 USC 668dd note.>>
(1) In general.--The Secretary shall provide $500,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
for the Middletown visitor center at Sachuest Point National
Wildlife Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $500,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(i) <<NOTE: 16 USC 668dd note.>> Entrance Paving at Ninigret
National Wildlife Refuge.--
(1) In general.--The Secretary shall provide $750,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to pave the entrance road to the Ninigret National Wildlife
Refuge.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $750,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(j) Education Center.-- <<NOTE: 16 USC 668dd note.>>
(1) In general.--The Secretary shall provide $1,000,000 for
each of fiscal years 1999 through 2003 to the United States Fish
and Wildlife Service for the education visitor center at the
Rhode Island National Wildlife Refuge complex.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $1,000,000 for each of fiscal years
1999 through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(k) Richmond National Battlefield Park.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 to the National Park Service to revitalize the
Tredegar Iron Works to serve as a visitor center for Richmond
National Battlefield Park.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $1,000,000 for fiscal year 1999.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide $800,000 for
each of fiscal years 1999 through 2003 to the Corps of Engineers
to be made available to the State of Missouri for resurfacing
and maintenance of city and county roads that provide access to
Corps of Engineers reservoirs.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $800,000 for each of fiscal years 1999
through 2003.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(m) Civil War Battlefield Plan.--
(1) In general.--The Secretary shall provide $250,000 for
each of fiscal years 1999 and 2000 to the Department of the
Interior to be made available to the Shenandoah Valley
Battlefield National Historic District Commission for developing
a plan for the interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $250,000 for each of fiscal years 1999
and 2000.
(3) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(n) DOT Headquarters Facility.--Before taking any action that leads
to Government ownership of the Department of Transportation headquarters
facility, through construction or purchase, the Administrator of General
Services shall first seek approval of the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(o) Fort Peck, Montana.--
(1) Fort peck, montana, visitors center.--The Secretary
shall provide funds for the environmental review, planning,
design, and construction of a historical and cultural visitors
center and museum at Fort Peck, Montana.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$3,000,000 for each of fiscal years 1999 and 2000.
(3) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that such
funds shall remain available until expended.
(p) Bridges on Natchez Trace Parkway, Mississippi.--
(1) In general.--The Secretary shall allocate to the State
of Mississippi amounts available by this subsection to be used
for replacement and widening of the box bridges on the Natchez
Trace Parkway at Old Canton Road and at Rice Road in Madison
County, Mississippi.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $5,000,000
for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(q) <<NOTE: Idaho.>> Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for the Lolo
Pass Visitor Center in the State of Idaho.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $2,943,000
for fiscal year 1999.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal years 1998
through 2003 to the Commonwealth of Puerto Rico to carry out a
highway program in such Commonwealth.
(2) Applicability of title 23.--Amounts made available by
section 1101(a)(15) of this Act shall be available for
obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code. Such amounts
shall be subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(a) Gettysburg, Pennsylvania.--
(1) Restoration of train station.--The Secretary shall
allocate amounts made available by this subsection for the
restoration of the Gettysburg, Pennsylvania, train station.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $400,000 for each of fiscal years 1998 and
1999 to carry out this subsection.
(3) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal share
of the cost of restoration of the train station under this
subsection shall be 80 percent and such funds shall remain
available until expended.
(b) Center.-- <<NOTE: Minnesota.>>
(1) Establishment.--The Secretary shall allocate funds made
available to carry out this subsection to establish a center for
national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
designated scenic byway routes in accordance with paragraph (2).
(2) Communications systems.--The center for national scenic
byways shall develop and implement communications systems for
the support of the national scenic byways program. Such
communications systems shall provide local officials and
planning groups associated with designated National Scenic
Byways or All-American Roads with proactive, technical, and
customized assistance through the latest technology that allows
scenic byway officials to develop and sustain their National
Scenic Byways or All-American Roads.
(3) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $1,500,000
for each of fiscal years 1998 through 2003.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost of
any project under this subsection shall be 100 percent and such
funds shall remain available until expended.
(c) Coal Heritage Trail.-- <<NOTE: West Virginia.>>
(1) In general.--The Secretary shall make grants to the
State of West Virginia for the Coal Heritage Scenic Byway for
the purposes set forth in section 204(h) of title 23, United
States Code.
(2) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $2,000,000 for
each of fiscal years 1999 through 2001.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available
until expended.
(d) Traffic Calming Measures.--
(1) In general.--The Secretary shall provide $5,000,000 for
fiscal year 1999 and $2,000,000 for each of fiscal years 2000
through 2003 to implement traffic calming measures in Fauquier
and Loudoun Counties, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(e) Pedestrian Bridge.--
(1) In general.--The Secretary shall provide $1,000,000 for
fiscal year 1999 for a pedestrian bridge over United States
Route 29 at Emmet Street in Charlottesville, Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(f) Interpretive Center.--
(1) In general.--The Secretary shall provide $600,000 for
fiscal year 1999 for construction of the Virginia Blue Ridge
Parkway interpretive center located on the Roanoke River Gorge
in Virginia.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(g) Chain of Rocks Bridge.--
(1) In general.--The Secretary shall provide $2,000,000 for
fiscal year 1999 for the renovation and preservation of the
Missouri Route 66 Chain of Rocks Bridge.
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1
of title 23, United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--Notwithstanding any
other provision of law, the Secretary shall approve the construction of
Type II noise barriers beginning on the west side of Interstate Route
285 extending from Northlake Parkway to Henderson Mill Road in Dekalb
County, Georgia, from funds apportioned under sections 104(b)(1) and
104(b)(3) of title 23, United States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is amended--
(A) in the subsection heading by striking
``Congestion'' and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each place it
appears and inserting ``value''; and
(ii) by striking ``projects'' each place it
appears and inserting ``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and inserting
``programs''; and
(ii) by striking ``traffic, volume'' and
inserting ``traffic volume''.
(2) Increased number of projects.--Section 1012(b)(1) of
such Act is amended in the second sentence by striking ``5'' and
inserting ``15''.
(3) Eligibility of preimplementation costs.--Section
1012(b)(2) of such Act is amended in the second sentence--
(A) by inserting after ``Secretary shall fund'' the
following: ``all preimplementation costs and project
design, and''; and
(B) by inserting after ``Secretary may not fund''
the following: ``the preimplementation or implementation
costs of''.
(4) Tolling.--Section 1012(b)(4) of such Act is amended by
striking ``a pilot program under this section, but not on more
than 3 of such programs'' and inserting ``any value pricing
pilot program under this subsection''.
(5) HOV passenger requirements.--Section 1012(b) of such Act
is amended by striking paragraph (6) and inserting the
following:
``(6) HOV passenger requirements.--Notwithstanding section
146(c) of title 23, United States Code, a State may permit
vehicles with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.''.
(6) Financial effects on low-income drivers.--Section
1012(b) <<NOTE: 23 USC 149 note.>> of such Act is amended by
adding at the end the following:
``(7) Financial effects on low-income drivers.--Any value
pricing pilot program under this subsection shall include, if
appropriate, an analysis of the potential effects of the pilot
program on low-income drivers and may include mitigation
measures to deal with any potential adverse financial effects on
low-income drivers.''.
(7) Funding.--Section 1012(b) of such Act (as amended by
paragraph (6)) is amended by adding at the end the following:
``(8) Funding.--
``(A) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$8,000,000 for each of fiscal years 1998 through 2003.
``(B) Availability.--Funds allocated by the
Secretary to a State under this subsection shall remain
available for obligation by the State for a period of 3
years after the last day of the fiscal year for which
the funds are authorized.
``(C) Use of unallocated funds.--If the total amount
of funds made available from the Highway Trust Fund
under this subsection for fiscal year 1998 and fiscal
years thereafter but not allocated exceeds $8,000,000 as
of September 30 of any year, the excess amount--
``(i) shall be apportioned in the following
fiscal year by the Secretary to all States in
accordance with section 104(b)(3) of title 23,
United States Code;
``(ii) shall be considered to be a sum made
available for expenditure on the surface
transportation program, except that the amount
shall not be subject to section 133(d) of such
title; and
``(iii) shall be available for any purpose
eligible for funding under section 133 of such
title.
``(D) Contract authority.--Funds authorized under
this paragraph shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
the Federal share of the cost of any project under this
subsection and the availability of funds authorized by
this paragraph shall be determined in accordance with
this subsection.''.
(b) <<NOTE: 23 USC 129 note.>> Interstate System Reconstruction and
Rehabilitation Pilot Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and rehabilitation
pilot program under which the Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code, may permit
a State to collect tolls on a highway, bridge, or tunnel on the
Interstate System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could not
otherwise be adequately maintained or functionally improved
without the collection of tolls.
(2) Limitation on number of facilities.--The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) Eligibility.--To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains, at a minimum, the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll facility,
including the age, condition, and intensity of use of
the facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the metropolitan
planning organization established under section 134 of
title 23, United States Code, for the area has been
consulted concerning the placement and amount of tolls
on the facility.
(C) An analysis demonstrating that the facility
could not be maintained or improved to meet current or
future needs from the State's apportionments and
allocations made available by this Act (including
amendments made by this Act) and from revenues for
highways from any other source without toll revenues.
(D) A facility management plan that includes--
(i) a plan for implementing the imposition of
tolls on the facility;
(ii) a schedule and finance plan for the
reconstruction or rehabilitation of the facility
using toll revenues;
(iii) a description of the public
transportation agency that will be responsible for
implementation and administration of the pilot
program;
(iv) a description of whether consideration
will be given to privatizing the maintenance and
operational aspects of the facility, while
retaining legal and administrative control of the
portion of the Interstate route; and
(v) such other information as the Secretary
may require.
(4) Selection criteria.--The Secretary may approve the
application of a State under paragraph (3) only if the Secretary
determines that--
(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using existing
apportionments;
(B) the facility has a sufficient intensity of use,
age, or condition to warrant the collection of tolls;
(C) the State plan for implementing tolls on the
facility takes into account the interests of local,
regional, and interstate travelers;
(D) the State plan for reconstruction or
rehabilitation of the facility using toll revenues is
reasonable; and
(E) the State has given preference to the use of a
public toll agency with demonstrated capability to
build, operate, and maintain a toll expressway system
meeting criteria for the Interstate System.
(5) <<NOTE: Contracts.>> Limitations on use of revenues;
audits.--Before the Secretary may permit a State to participate
in the pilot program, the State must enter into an agreement
with the Secretary that provides that--
(A) all toll revenues received from operation of the
toll facility will be used only for--
(i) debt service;
(ii) reasonable return on investment of any
private person financing the project; and
(iii) any costs necessary for the improvement
of and the proper operation and maintenance of the
toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation of
the toll facility; and
(B) regular audits will be conducted to ensure
compliance with subparagraph (A) and the results of such
audits will be transmitted to the Secretary.
(6) Limitation on use of interstate maintenance funds.--
During the term of the pilot program, funds apportioned for
Interstate maintenance under section 104(b)(4) of title 23,
United States Code, may not be used on a facility for which
tolls are being collected under the program.
(7) Program term.--The Secretary shall conduct the pilot
program under this subsection for a term to be determined by the
Secretary, but not less than 10 years.
(8) Interstate system defined.--In this subsection, the term
``Interstate System'' has the meaning such term has under
section 101 of title 23, United States Code.
SEC. 1217. ELIGIBILITY.
(a) San Mateo County, California.--Notwithstanding any other
provision of law, a project to repair or reconstruct any portion of a
Federal-aid primary route in San Mateo County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal plan.
(b) Ambassador Bridge Access, Detroit, Michigan.--
(1) In general.--Notwithstanding section 129 of title 23,
United States Code, or any other provision of law, improvements
to access roads and construction of access roads, approaches,
and related facilities (such as signs, lights, and signals)
necessary to connect the Ambassador Bridge in Detroit, Michigan,
to the Interstate System shall be eligible for funds apportioned
under paragraphs (1) and (3) of section 104(b) of such title.
(2) Use of funds.--Funds described in paragraph (1) shall
not be used for any improvement to, or construction of, the
bridge itself.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding any other
provision of law, a project to construct a new bridge over the Cuyahoga
River in Cleveland, Ohio, shall be eligible for funds apportioned under
section 104(b)(3) of such title.
(d) Connecticut.--In fiscal year 1998, the State of Connecticut may
transfer any funds remaining available for obligation under section
104(b)(4) of title 23, United States Code, as in effect on the day
before the date of the enactment of this Act, for construction of the
Interstate System to any other program eligible for assistance under
chapter 1 of such title. Before making any distribution of the
obligation limitation under section 1102(c)(6) of this Act, the
Secretary shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to obligate funds
available for transfer under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor organization, shall be
permitted to continue collecting tolls for maintenance of, operation of,
capital improvements to, and future expansions to the International
Bridge, Sault Ste. Marie, Michigan, and its approaches, plaza areas, and
associated structures.
(f) Information Services.--A food business that would otherwise be
eligible to display a mainline business logo on a specific service food
sign described in section 2G-5.7(4) of part IIG of the 1988 edition of
the Manual on Uniform Traffic Control Devices for Streets and Highways
under the requirements specified in that section, but for the fact that
the business is open 6 days a week, cannot be prohibited from inclusion
on such a food sign.
(g) Continuance of Commercial Operations at Certain Service Plazas
in the State of Maryland.--
(1) Waiver.--Notwithstanding section 111 of title 23, United
States Code, and the agreements described in paragraph (2), at
the request of the Maryland Transportation Authority, the
Secretary shall allow the continuance of commercial operations
at the service plazas on the John F. Kennedy Memorial Highway on
Interstate Route 95.
(2) Agreements.--The agreements referred to in paragraph (1)
are agreements between the Department of Transportation of the
State of Maryland and the Federal Highway Administration
concerning the highway described in paragraph (1).
(h) Welcome Center Pilot Project.-- <<NOTE: Georgia.>>
(1) In general.--The Secretary shall permit the State of
Georgia to conduct a pilot project to acquire, construct,
operate, and maintain a demonstration safety rest area and
information center along Interstate Route 75 in Cobb County,
Georgia, in accordance with paragraph (2).
(2) Information center and system.--The center may provide
goods and information that is of interest to the traveling
public, including commercial advertising and media displays, if
such advertising and displays are--
(A) exhibited solely within any facility constructed
in the rest area; and
(B) not legible from the main traveled way.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on the results of the pilot project.
(i) Southern California.--Notwithstanding section 120(l)(1) of title
23, United States Code--
(1) private entity expenditures to construct the SR-91 toll
road located in Orange County, California, from SR-55 to the
Riverside County line may be credited toward the State matching
share for any Federal-aid project beginning construction after
the SR-91 toll road was opened to traffic; and
(2) private expenditures for the future SR-125 toll road in
San Diego County, California, from SR-905 to San Miguel Road may
be credited against the State match share for Federal-aid
highway projects beginning after SR-125 is opened to traffic.
(j) Tolls on Pennsylvania Turnpike.--Notwithstanding any other
provision of law, no tolls shall be collected during the 6-year period
beginning on the date of enactment of this Act on the Pennsylvania
Turnpike for travel either entering Bedford and exiting Breezewood,
Pennsylvania, or entering Breezewood and exiting Bedford.
(k) Vicksburg and Jackson, Mississippi.--Notwithstanding any other
provision of this Act, funds authorized by this Act (including
amendments made by this Act) for transportation projects in the State of
Mississippi may be used for the purpose of constructing, reconstructing,
or rehabilitating rail lines in the vicinity of Vicksburg and Jackson,
Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Eligible project costs.--The term `eligible project
costs'--
``(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land,
piers, guideways, propulsion equipment and other
components attached to guideways, power distribution
facilities (including substations), control and
communications facilities, access roads, and storage,
repair, and maintenance facilities, but not including
costs incurred for a new station; and
``(B) includes the costs of preconstruction planning
activities.
``(2) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
``(3) MAGLEV.--The term `MAGLEV' means transportation
systems employing magnetic levitation that would be capable of
safe use by the public at a speed in excess of 240 miles per
hour or under 50 miles per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the commercial
feasibility study of high-speed ground transportation conducted
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1978).
``(b) Financial Assistance.--
``(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section.
Financial assistance made available under this section and
projects assisted with the assistance shall be subject to
section 5333(a) of title 49, United States Code.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than \2/3\.
``(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible project
costs of projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not later than
180 days after the date of enactment of this subsection, the Secretary
shall solicit applications from States, or authorities designated by 1
or more States, for financial assistance authorized by subsection (b)
for planning, design, and construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed or low-
speed ground transportation corridor that exhibit partnership
potential;
``(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
``(A) the amounts made available under subsection
(h)(1)(A); and
``(B) the amounts made available by States under
subsection (h)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs paid
using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan planning
requirements;
``(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated by
1 or more States;
``(7) to the extent that non-United States MAGLEV technology
is used within the United States, be carried out as a technology
transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting applications,
the Secretary shall establish criteria for selecting which eligible
projects under subsection (d) will receive financial assistance under
subsection (b). The criteria shall include the extent to which--
``(1) a project is nationally significant, including the
extent to which the project will demonstrate the feasibility of
deployment of MAGLEV technology throughout the United States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the need
for additional highway or airport construction;
``(3) States, regions, and localities financially contribute
to the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
``(5) the project will augment MAGLEV networks identified as
having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are
considered and enhanced.
``(f) Project Selection.--
``(1) Preconstruction planning activities.--Not later than
90 days after a deadline established by the Secretary for the
receipt of applications, the Secretary shall evaluate the
eligible projects in accordance with the selection criteria and
select 1 or more eligible projects to receive financial
assistance for preconstruction planning activities, including--
``(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements
and assessments as are required under State law;
``(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under
paragraph (2); and
``(C) such other activities as are necessary to
provide the Secretary with sufficient information to
evaluate whether a project should receive financial
assistance for final design, engineering, and
construction activities under paragraph (2).
``(2) Final design, engineering, and construction
activities.--After completion of preconstruction planning
activities for all projects assisted under paragraph (1), the
Secretary shall select 1 of the projects to receive financial
assistance for final design, engineering, and construction
activities.
``(g) Joint Ventures.--A project undertaken by a joint venture of
United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology in the
United States) shall be eligible for financial assistance under this
section if the project is eligible under subsection (d) and selected
under subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $15,000,000 for fiscal year 1999,
$20,000,000 for fiscal year 2000, and $25,000,000
for fiscal year 2001.
``(ii) Contract authority.--Funds authorized
by this subparagraph shall be available for
obligation in the same manner as if the funds were
apportioned under chapter 1, except that--
``(I) the Federal share of the cost
of a project carried out under this
section shall be determined in
accordance with subsection (b); and
``(II) the availability of the funds
shall be determined in accordance with
paragraph (2).
``(B) Noncontract authority authorization of
appropriations.--
``(i) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $200,000,000 for each of fiscal years 2000
and 2001, $250,000,000 for fiscal year 2002, and
$300,000,000 for fiscal year 2003.
``(ii) Availability.--Notwithstanding section
118(a), funds made available under clause (i)
shall not be available in advance of an annual
appropriation.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry out
the surface transportation program under section 133 and the
congestion mitigation and air quality improvement program under
section 149 may be used by the State to pay a portion of the
full project costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(4) Other assistance.--Notwithstanding any other provision
of law, an eligible project selected under this section shall be
eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st
Century, including loans, loan guarantees, and lines of
credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by inserting after the item relating to
section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a national
scenic byways program that recognizes roads having outstanding
scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as National
Scenic Byways or All-American Roads.
``(2) Criteria.--The Secretary shall designate roads to be
recognized under the national scenic byways program in
accordance with criteria developed by the Secretary.
``(3) Nomination.--To be considered for the designation, a
road must be nominated by a State or a Federal land management
agency and must first be designated as a State scenic byway or,
in the case of a road on Federal land, as a Federal land
management agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States to--
``(A) implement projects on highways designated as
National Scenic Byways or All-American Roads, or as
State scenic byways; and
``(B) plan, design, and develop a State scenic byway
program.
``(2) Priorities.--In making grants, the Secretary shall
give priority to--
``(A) each eligible project that is associated with
a highway that has been designated as a National Scenic
Byway or All-American Road and that is consistent with
the corridor management plan for the byway;
``(B) each eligible project along a State-designated
scenic byway that is consistent with the corridor
management plan for the byway, or is intended to foster
the development of such a plan, and is carried out to
make the byway eligible for designation as a National
Scenic Byway or All-American Road; and
``(C) each eligible project that is associated with
the development of a State scenic byway program.
``(c) Eligible Projects.--The following are projects that are
eligible for Federal assistance under this section:
``(1) An activity related to the planning, design, or
development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of related
amenities.
``(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic and
changes in the types of vehicles using the highway as a result
of the designation as a State scenic byway, National Scenic
Byway, or All-American Road.
``(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, passing lane, overlook, or interpretive facility.
``(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including
water-related recreation.
``(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an area
adjacent to a scenic byway.
``(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
``(8) Development and implementation of a scenic byway
marketing program.
``(d) Limitation.--The Secretary shall not make a grant under this
section for any project that would not protect the scenic, historical,
recreational, cultural, natural, and archaeological integrity of a
highway and adjacent areas.
``(e) Savings Clause.--The Secretary shall not withhold any grant or
impose any requirement on a State as a condition of providing a grant or
technical assistance for any scenic byway unless the requirement is
consistent with the authority provided in this chapter.
``(f) Federal Share.--The Federal share of the cost of carrying out
a project under this section shall be 80 percent, except that, in the
case of any scenic byway project along a public road that provides
access to or within Federal or Indian land, a Federal
land management agency may use funds authorized for use by the agency as
the non-Federal share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES. <<NOTE: 49
USC 104 note.>>
(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic decisionmaking responsibility of the regional
offices of the Federal Highway Administration for the Federal-
aid highway program as part of the Administration's efforts to
restructure its field organization.
(2) Activities.--In carrying out paragraph (1), the
Secretary shall eliminate regional offices, create technical
resource centers, and, to the maximum extent practicable,
delegate authority to State offices of the Federal Highway
Administration.
(b) Preference.--In locating the technical resource centers, the
Secretary shall give preference to cities that house, on the date of
enactment of this Act, the Federal Highway Administration regional
offices and are in locations that minimize the travel distance between
the technical resource centers and the Federal Highway Administration
division offices that will be served by the new technical resource
centers.
(c) Report to Congress.--The Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a detailed implementation plan to carry out this section not
later than September 30, 1998, and thereafter provide periodic progress
reports on carrying out this section to such Committees.
(d) Implementation.--The Secretary shall begin implementation of the
plan transmitted under subsection (c) not later than December 31, 1998.
SEC. 1221. <<NOTE: 23 USC 101 note.>> TRANSPORTATION AND COMMUNITY
AND SYSTEM PRESERVATION PILOT PROGRAM.
(a) Establishment.--In cooperation with appropriate State, regional,
and local governments, the Secretary shall establish a comprehensive
initiative to investigate and address the relationships between
transportation and community and system preservation and identify
private sector-based initiatives.
(b) Research.--
(1) In general.--In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the
Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation, community
preservation, and the environment and the role of the private
sector in shaping such relationships.
(2) Required elements.--The program shall provide for
monitoring and analysis of projects carried out with funds made
available to carry out subsections (c) and (d).
(c) Planning.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to plan, develop,
and implement strategies to integrate transportation and
community and system preservation plans and practices.
(2) Purposes.--The purposes of the allocations shall be--
(A) to improve the efficiency of the transportation
system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments
in public infrastructure;
(D) to provide efficient access to jobs, services,
and centers of trade; and
(E) to examine development patterns and identify
strategies to encourage private sector development
patterns which achieve the goals identified in
subparagraphs (A) through (D).
(3) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) propose projects for funding that address the
purposes described in paragraph (2); and
(B) demonstrate a commitment of non-Federal
resources to the proposed projects.
(4) Additional criteria.--In addition, the Secretary shall
give consideration to applicants that demonstrate a commitment
to public and private involvement, including involvement of
nontraditional partners in the project team.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to carry out
projects to address transportation efficiency and community and
system preservation.
(2) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) have instituted preservation or development
plans and programs that--
(i) meet the requirements of title 23 and
chapter 53 of title 49, United States Code; and
(ii)(I) are coordinated with State and local
adopted preservation or development plans;
(II) are intended to promote cost-effective
and strategic investments in transportation
infrastructure that minimize adverse impacts on
the environment; or
(III) are intended to promote innovative
private sector strategies.
(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
(i) spending policies that direct funds to
high-growth areas;
(ii) urban growth boundaries to guide
metropolitan expansion;
(iii) ``green corridors'' programs that
provide access to major highway corridors for
areas targeted for efficient and compact
development; or
(iv) other similar programs or policies as
determined by the Secretary;
(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
(D) examine ways to encourage private sector
investments that address the purposes of this section;
and
(E) propose projects for funding that address the
purposes described in subsection (c)(2).
(3) Equitable distribution.--In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
(4) Use of allocated funds.--
(A) In general.--An allocation of funds made
available to carry out this subsection shall be used by
the recipient to implement the projects proposed in the
application to the Secretary.
(B) Types of projects.--The allocation of funds
shall be available for obligation for--
(i) any project eligible for funding under
title 23 or chapter 53 of title 49, United States
Code; or
(ii) any other activity relating to
transportation and community and system
preservation that the Secretary determines to be
appropriate, including corridor preservation
activities that are necessary to implement--
(I) transit-oriented development
plans;
(II) traffic calming measures; or
(III) other coordinated
transportation and community and system
preservation practices.
(e) Funding.--
(1) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $20,000,000 for fiscal year 1999 and
$25,000,000 for each of fiscal years 2000 through 2003.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App.) is amended-- <<NOTE: 40 USC app. 403.>>
(1) in the undesignated paragraph relating to Alabama--
(A) by inserting ``Hale,'' after ``Franklin,''; and
(B) by inserting ``Macon,'' after ``Limestone,'';
(2) in the undesignated paragraph relating to Georgia--
(A) by inserting ``Elbert,'' after ``Douglas,''; and
(B) by inserting ``Hart,'' after ``Haralson,'';
(3) in the undesignated paragraph relating to Mississippi by
striking ``and Winston'' and inserting ``Winston, and
Yalobusha''; and
(4) in the undesignated paragraph relating to Virginia--
(A) by inserting ``Montgomery,'' after ``Lee,''; and
(B) by inserting ``Rockbridge,'' after ``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act <<NOTE: 40 USC
app. 405 and note.>> is amended by striking ``section 201'' and
inserting ``sections 201 and 403''. This amendment ensures that section
403 is still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES. <<NOTE: 23 USC
101 note.>>
(a) Purpose.--The purpose of this section is to authorize the
provision of assistance for, and support of, State and local efforts
concerning surface transportation issues necessary to obtain the
national recognition and economic benefits of participation in the
International Olympic movement, the International Paralympic movement,
and the Special Olympics International movement by hosting international
quadrennial Olympic and Paralympic events, and Special Olympics
International events, in the United States.
(b) Priority for Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--Notwithstanding any other
provision of law, from funds available to carry out sections 118(c) and
144(g)(1) of title 23, United States Code, the Secretary may give
priority to funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a Special
Olympics International event, if--
(1) the project meets the extraordinary needs associated
with an international quadrennial Olympic or Paralympic event or
a Special Olympics International event; and
(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
(c) Transportation Planning Activities.--The Secretary may
participate in--
(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, under sections 134 and 135
of title 23, United States Code; and
(2) developing intermodal transportation plans necessary for
the projects in coordination with State and local transportation
agencies.
(d) Funding.--Notwithstanding section 5001(a), from funds made
available under such section, the Secretary may provide assistance for
the development of an Olympic, a Paralympic, and a Special Olympics
transportation management plan in cooperation with an Olympic Organizing
Committee responsible for hosting, and State and local communities
affected by, an international quadrennial Olympic or Paralympic event or
a Special Olympics International event.
(e) Transportation Projects Relating to Olympic, Paralympic, and
Special Olympic Events.--
(1) In general.--The Secretary may provide assistance,
including planning, capital, and operating assistance, to States
and local governments in carrying out transportation projects
relating to an international quadrennial Olympic or Paralympic
event or a Special Olympics International event.
(2) Federal share.--The Federal share of the cost of a
project assisted under this subsection shall not exceed 80
percent.
(f) Eligible Governments.--A State or local government shall be
eligible to receive assistance under this section only if the government
is hosting a venue that is part of an international quadrennial Olympics
that is officially selected by the International Olympic Committee.
(g) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section such sums as are necessary for each
of fiscal years 1998 through 2003.
