Calendar No. 188

105TH CONGRESS

1ST SESSION S. 1173

[Report No. 105–95]

A BILL

To authorize funds for construction of highways,

sit programs, and for other purposes.for highway safety programs, and for mass tranOCTOBER 1, 1997

Reported with amendments
II

Calendar No. 188

105TH CONGRESS

1ST SESSION S. 1173

[Report No. 105–95]

To authorize funds for construction of highways, for highway safety programs,

and for mass transit programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 1997

Mr. WARNER (for himself, Mr. CHAFEE, Mr. BAUCUS, Mr. BOND, Mr. SMITH

of New Hampshire, Mr. GRAHAM, Mr. REID, Mr. KEMPTHORNE, Mr.

THOMAS, Mr. ALLARD, Mr. INHOFE, Mr. DORGAN, Mr. HARKIN, Mr.

GRASSLEY, Mr. JOHNSON, Mr. CAMPBELL, and Mr. BURNS) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

OCTOBER 1, 1997

Reported by Mr. CHAFEE, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize funds for construction of highways, for highway

safety programs, and for mass transit programs, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Intermodal Surface Transportation Efficiency Act of

4 1997’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—SURFACE TRANSPORTATION

Sec. 1001. Short title.

Subtitle A—General Provisions

Sec. 1101. Authorizations.

Sec. 1102. Apportionments.

Sec. 1103. Obligation ceiling.

Sec. 1104. Obligation authority under surface transportation program.

Sec. 1105. Emergency relief.

Sec. 1106. Federal lands highways program.

Sec. 1107. Recreational trails program.

Sec. 1108. Value pricing pilot program.

Sec. 1109. Highway use tax evasion projects.

Sec. 1110. Bicycle transportation and pedestrian walkways.

Sec. 1111. Disadvantaged business enterprises.

Sec. 1112. Federal share payable.

Sec. 1113. Studies and reports.

Sec. 1114. Definitions.

Sec. 1115. Cooperative Federal Lands Transportation Program.

Sec. 1116. Trade corridor and border crossing planning and border infrastructure.

Sec. 1117. Appalachian development highway system.

Sec. 1118. Interstate 4R and bridge discretionary program.

Sec. 1119. Magnetic levitation transportation technology deployment program.

Sec. 1120. Woodrow Wilson Memorial Bridge.

Sec. 1121. National Highway System components.

Sec. 1122. Highway bridge replacement and rehabilitation.

Sec. 1123. Congestion mitigation and air quality improvement program.

Sec. 1124. Safety belt use law requirements.

Sec. 1125. Sense of the Senate concerning reliance on private enterprise.

Sec. 1126. Study of use of uniformed police officers on Federal-aid highway construction projects.

Sec. 1127. Contracting for engineering and design services.

Subtitle B—Program Streamlining and Flexibility

CHAPTER 1—GENERAL PROVISIONS

Sec. 1201. Administrative expenses.
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Sec. 1202. Real property acquisition and corridor preservation.

Sec. 1203. Availability of funds.

Sec. 1204. Payments to States for construction.

Sec. 1205. Proceeds from the sale or lease of real property.

Sec. 1206. Metric conversion at State option.

Sec. 1207. Report on obligations.

Sec. 1208. Terminations.

Sec. 1209. Interstate maintenance.

CHAPTER 2—PROJECT APPROVAL

Sec. 1221. Transfer of highway and transit funds.

Sec. 1222. Project approval and oversight.

Sec. 1223. Surface transportation program.

Sec. 1224. Design-build contracting.

Sec. 1225. Integrated decisionmaking process.

CHAPTER 3—ELIGIBILITY AND FLEXIBILITY

Sec. 1231. Definition of operational improvement.

Sec. 1232. Eligibility of ferry boats and ferry terminal facilities.

Sec. 1233. Flexibility of safety programs.

Sec. 1234. Eligibility of projects on the National Highway System.

Sec. 1235. Eligibility of projects under the surface transportation program.

Sec. 1236. Design flexibility.

Subtitle C—Finance

CHAPTER 1—GENERAL PROVISIONS

Sec. 1301. State infrastructure bank program.

CHAPTER 2—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 1311. Short title.

Sec. 1312. Findings.

Sec. 1313. Definitions.

Sec. 1314. Determination of eligibility and project selection.

Sec. 1315. Secured loans.

Sec. 1316. Lines of credit.

Sec. 1317. Project servicing.

Sec. 1318. Office of Infrastructure Finance.

Sec. 1319. State and local permits.

Sec. 1320. Regulations.

Sec. 1321. Funding.

Sec. 1322. Report to Congress.

Subtitle D—Safety

Sec. 1401. Operation lifesaver.

Sec. 1402. Railway-highway crossing hazard elimination in high speed rail corridors.

Sec. 1403. Railway-highway crossings.

Sec. 1404. Hazard elimination program.

Sec. 1405. Minimum penalties for repeat offenders for driving while intoxicated

or driving under the influence.

Sec. 1406. Safety incentive grants for use of seat belts.

Sec. 1407. Automatic crash protection unbelted testing standard.
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Subtitle E—Environment

Sec. 1501. National scenic byways program.

Sec. 1502. Public-private partnerships.

Sec. 1503. Wetland restoration pilot program.

Subtitle F—Planning

Sec. 1601. Metropolitan planning.

Sec. 1602. Statewide planning.

Sec. 1603. Advanced travel forecasting procedures program.

Sec. 1604. Transportation and community and system preservation pilot program.

Subtitle G—Technical Corrections

Sec. 1701. Federal-aid systems.

Sec. 1702. Miscellaneous technical corrections.

Sec. 1703. Nondiscrimination.

Sec. 1704. State transportation department.

Subtitle H—Miscellaneous Provisions

Sec. 1801. Designation of portion of State Route 17 in New York and Pennsylvania as Interstate Route 86.

TITLE II—RESEARCH AND TECHNOLOGY

Subtitle A—Research and Training

Sec. 2001. Strategic research plan.

Sec. 2002. Multimodal transportation research and development program

Transportation Research and Development Program.

Sec. 2003. National university transportation centers.

Sec. 2004. Bureau of Transportation Statistics.

Sec. 2005. Research and technology program.

Sec. 2006. Advanced research program.

Sec. 2007. Long-term pavement performance program.

Sec. 2008. State planning and research program.

Sec. 2009. Education and training.

Sec. 2010. International highway transportation outreach program.

Sec. 2011. National technology deployment initiatives and partnerships program.

Sec. 2012. Infrastructure investment needs report.

Sec. 2013. Innovative bridge research and construction program.

Sec. 2014. Use of Bureau of Indian Affairs administrative funds.

Sec. 2015. Study of future strategic highway research program.

Sec. 2016. Joint partnerships for advanced vehicles, components, and infrastructure program.

Sec. 2017. Transportation and environment cooperative research program.

Sec. 2018. Conforming amendments.

Subtitle B—Intelligent Transportation Systems

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Intelligent transportation systems.

Sec. 2104. Conforming amendment.
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Subtitle C—Funding

Sec. 2201. Funding.

1 SEC. 2. DEFINITION.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation.

4 TITLE I—SURFACE

5 TRANSPORTATION

6 SEC. 1001. SHORT TITLE.

7 This title may be cited as the ‘‘Surface Transpor8 tation Act of 1997’’.

9 Subtitle A—General Provisions

10 SEC. 1101. AUTHORIZATIONS.

11 For the purpose of carrying out title 23, United

12 States Code, the following sums shall be available from

13 the Highway Trust Fund (other than the Mass Transit

14 Account):

15 (1) INTERSTATE AND NATIONAL HIGHWAY SYS16 TEM PROGRAM.—For the Interstate and National

17 Highway System program under section 103 of that

18 title $11,979,000,000 for fiscal year 1998,

19 $11,808,000,000 for fiscal year 1999,

20 $11,819,000,000 for fiscal year 2000,

21 $11,916,000,000 for fiscal year 2001,

22 $12,242,000,000 for fiscal year 2002, and

23 $12,776,000,000 for fiscal year 2003, of which—
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1 (A) $4,600,000,000 for fiscal year 1998,

2 $4,609,000,000 for fiscal year 1999,

3 $4,637,000,000 for fiscal year 2000,

4 $4,674,000,000 for fiscal year 2001,

5 $4,773,000,000 for fiscal year 2002, and

6 $4,918,000,000 for fiscal year 2003 shall be

7 used available for the Interstate maintenance

8 component; and

9 (B) $1,400,000,000 for fiscal year 1998,

10 $1,403,000,000 for fiscal year 1999,

11 $1,411,000,000 for fiscal year 2000,

12 $1,423,000,000 for fiscal year 2001,

13 $1,453,000,000 for fiscal year 2002, and

14 $1,497,000,000 for fiscal year 2003 shall be

15 used available for the Interstate bridge compo16 nent.

17 (2) SURFACE TRANSPORTATION PROGRAM.—

18 For the surface transportation program under sec19 tion 133 of that title $7,000,000,000 for fiscal year

20 1998, $7,014,000,000 for fiscal year 1999,

21 $7,056,000,000 for fiscal year 2000,

22 $7,113,000,000 for fiscal year 2001,

23 $7,263,000,000 for fiscal year 2002, and

24 $7,484,000,000 for fiscal year 2003.
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1 (3) CONGESTION MITIGATION AND AIR QUALITY

2 IMPROVEMENT PROGRAM.—For the congestion miti3 gation and air quality improvement program under

4 section 149 of that title $1,150,000,000 for fiscal

5 year 1998, $1,152,000,000 for fiscal year 1999,

6 $1,159,000,000 for fiscal year 2000,

7 $1,169,000,000 for fiscal year 2001,

8 $1,193,000,000 for fiscal year 2002, and

9 $1,230,000,000 for fiscal year 2003.

10 (4) FEDERAL LANDS HIGHWAYS PROGRAM.—

11 (A) INDIAN RESERVATION ROADS.—For

12 Indian reservation roads under section 204 of

13 that title $200,000,000 for each of fiscal years

14 1998 through 2003.

15 (B) PARKWAYS AND PARK ROADS.—For

16 parkways and park roads under section 204 of

17 that title $90,000,000 for each of fiscal years

18 1998 through 2003.

19 (C) PUBLIC LANDS HIGHWAYS.—For pub20 lic lands highways under section 204 of that

21 title $172,000,000 for each of fiscal years 1998

22 through 2003.

23 (D) COOPERATIVE FEDERAL LANDS

24 TRANSPORTATION PROGRAM.—For the Coopera25 tive Federal Lands Transportation Program
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1 under section 207 of that title $74,000,000 for

2 each of fiscal years 1998 through 2003.

3 SEC. 1102. APPORTIONMENTS.

4 (a) IN GENERAL.—Section 104 of title 23, United

5 States Code, is amended by striking subsection (b) and

6 inserting the following:

7 ‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal

8 year, the Secretary, after making the deduction authorized

9 by subsection (a) and the set-asides authorized by sub10 section (f), shall apportion the remainder of the sums au11 thorized to be appropriated for expenditure on the Na12 tional Highway System, the congestion mitigation and air

13 quality improvement program, and the surface transpor14 tation program, for that fiscal year, among the States in

15 the following manner:

16 ‘‘(1) INTERSTATE AND NATIONAL HIGHWAY

17 SYSTEM PROGRAM.—

18 ‘‘(A) INTERSTATE MAINTENANCE COMPO19 NENT.—For resurfacing, restoring, rehabilitat20 ing, and reconstructing the Interstate System—

21 ‘‘(i) 50 percent in the ratio that—

22 ‘‘(I) the total lane miles on Inter23 state System routes designated

24 under—

25 ‘‘(aa) section 103;
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1 ‘‘(bb) section 139(a) before

2 March 9, 1984 (other than

3 routes on toll roads not subject

4 to a Secretarial agreement under

5 section 105 of the Federal-Aid

6 Highway Act of 1978 (92 Stat.

7 2692)); and

8 ‘‘(cc) section 139(c) (as in

9 effect on the day before the date

10 of enactment of the Intermodal

11 Surface Transportation Efficiency

12 Act of 1997);

13 in each State; bears to

14 ‘‘(II) the total of all such lane

15 miles in all States; and

16 ‘‘(ii) 50 percent in the ratio that—

17 ‘‘(I) the total vehicle miles trav18 eled on lanes on Interstate System

19 routes designated under—

20 ‘‘(aa) section 103;

21 ‘‘(bb) section 139(a) before

22 March 9, 1984 (other than

23 routes on toll roads not subject

24 to a Secretarial agreement under

25 section 105 of the Federal-Aid
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1 Highway Act of 1978 (92 Stat.

2 2692)); and

3 ‘‘(cc) section 139(c) (as in

4 effect on the day before the date

5 of enactment of the Intermodal

6 Surface Transportation Efficiency

7 Act of 1997);

8 in each State; bears to

9 ‘‘(II) the total of all such vehicle

10 miles traveled in all States.

11 ‘‘(B) INTERSTATE BRIDGE COMPONENT.—

12 For resurfacing, restoring, rehabilitating, and

13 reconstructing bridges on the Interstate Sys14 tem, in the ratio that—

15 ‘‘(i) the total square footage of struc16 turally deficient and functionally obsolete

17 bridges on the Interstate System (other

18 than bridges on toll roads not subject to a

19 Secretarial agreement under section 105 of

20 the Federal-Aid Highway Act of 1978 (92

21 Stat. 2692)) in each State; bears to

22 ‘‘(ii) the total square footage of struc23 turally deficient and functionally obsolete

24 bridges on the Interstate System (other

25 than bridges on toll roads not subject to a
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1 Secretarial agreement under section 105 of

2 the Federal-Aid Highway Act of 1978 (92

3 Stat. 2692)) in all States.

4 ‘‘(C) OTHER NATIONAL HIGHWAY SYSTEM

5 COMPONENT.—

6 ‘‘(i) IN GENERAL.—For the National

7 Highway System (excluding activities for

8 which funds are apportioned under sub9 paragraph (A) or (B)), $36,400,000 for

10 each fiscal year to the Virgin Islands,

11 Guam, American Samoa, and the Com12 monwealth of Northern Mariana Islands

13 and the remainder apportioned as follows:

14 ‘‘(I) 20 percent of the apportion15 ments in the ratio that—

16 ‘‘(aa) the total lane miles of

17 principal arterial routes (exclud18 ing Interstate System routes) in

19 each State; bears to

20 ‘‘(bb) the total lane miles of

21 principal arterial routes (exclud22 ing Interstate System routes) in

23 all States.

24 ‘‘(II) 29 percent of the appor25 tionments in the ratio that—
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1 ‘‘(aa) the total vehicle miles

2 traveled on lanes on principal ar3 terial routes (excluding Interstate

4 System routes) in each State;

5 bears to

6 ‘‘(bb) the total vehicle miles

7 traveled on lanes on principal ar8 terial routes (excluding Interstate

9 System routes) in all States.

10 ‘‘(III) 18 percent of the appor11 tionments in the ratio that—

12 ‘‘(aa) the total square foot13 age of structurally deficient and

14 functionally obsolete bridges on

15 principal arterial routes (exclud16 ing bridges on Interstate System

17 routes (other than bridges on toll

18 roads not subject to a Secretarial

19 agreement under section 105 of

20 the Federal-Aid Highway Act of

21 1978 (92 Stat. 2692))) in each

22 State; bears to

23 ‘‘(bb) the total square foot24 age of structurally deficient and

25 functionally obsolete bridges on
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1 principal arterial routes (exclud2 ing bridges on Interstate System

3 routes (other than bridges on toll

4 roads not subject to a Secretarial

5 agreement under section 105 of

6 the Federal-Aid Highway Act of

7 1978 (92 Stat. 2692))) in all

8 States.

9 ‘‘(IV) 24 percent of the appor10 tionments in the ratio that—

11 ‘‘(aa) the total diesel fuel

12 used on highways in each State;

13 bears to

14 ‘‘(bb) the total diesel fuel

15 used on highways in all States.

16 ‘‘(V) 9 percent of the apportion17 ments in the ratio that—

18 ‘‘(aa) the quotient obtained

19 by dividing the total lane miles

20 on principal arterial highways in

21 each State by the total popu22 lation of the State; bears to

23 ‘‘(bb) the quotient obtained

24 by dividing the total lane miles

25 on principal arterial highways in
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1 all States by the total population

2 of all States.

3 ‘‘(ii) DATA.—Each calculation under

4 clause (i) shall be based on the latest avail5 able data.

6 ‘‘(D) MINIMUM APPORTIONMENT.—Not7 withstanding subparagraphs (A) through (C),

each State shall receive a minimum of 1 8 ⁄2 of 1

9 percent of the funds apportioned under this

10 paragraph.

11 ‘‘(2) CONGESTION MITIGATION AND AIR QUAL12 ITY IMPROVEMENT PROGRAM.—

13 ‘‘(A) IN GENERAL.—For the congestion

14 mitigation and air quality improvement pro15 gram, in the ratio that—

16 ‘‘(i) the total of all weighted non17 attainment and maintenance area popu18 lations in each State; bears to

19 ‘‘(ii) the total of all weighted non20 attainment and maintenance area popu21 lations in all States.

22 ‘‘(B) CALCULATION OF WEIGHTED NON23 ATTAINMENT AND MAINTENANCE AREA POPU24 LATION.—Subject to subparagraph (C), for the

25 purpose of subparagraph (A), the weighted non-
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1 attainment and maintenance area population

2 shall be calculated by multiplying the popu3 lation of each area in a State that was a non4 attainment area or maintenance area as de5 scribed in section 149(b) for ozone or carbon

6 monoxide by a factor of—

7 ‘‘(i) 0.8 if—

8 ‘‘(I) at the time of the apportion9 ment, the area is a maintenance area;

10 or

11 ‘‘(II) at the time of the appor12 tionment, the area is classified as a

13 submarginal ozone nonattainment

14 area under that Act; or the Clean Air

15 Act (42 U.S.C. 7401 et seq.);

16 ‘‘(III) as of the date of enact17 ment of the Intermodal Transpor18 tation Act of 1997, the area is consid19 ered by the Administrator of the En20 vironmental Protection Agency to be a

21 flexible attainment region;

22 ‘‘(ii) 1.0 if, at the time of the appor23 tionment, the area is classified as a mar24 ginal ozone nonattainment area under sub-
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1 part 2 of part D of title I of the Clean

2 Air Act (42 U.S.C. 7511 et seq.);

3 ‘‘(iii) 1.1 if, at the time of the appor4 tionment, the area is classified as a mod5 erate ozone nonattainment area under that

6 subpart;

7 ‘‘(iv) 1.2 if, at the time of the appor8 tionment, the area is classified as a serious

9 ozone nonattainment area under that sub10 part;

11 ‘‘(v) 1.3 if, at the time of the appor12 tionment, the area is classified as a severe

13 ozone nonattainment area under that sub14 part;

15 ‘‘(vi) 1.4 if, at the time of the appor16 tionment, the area is classified as an ex17 treme ozone nonattainment area under

18 that subpart; or

19 ‘‘(vii) 1.0 if, at the time of the appor20 tionment, the area is not a nonattainment

21 or maintenance area as described in sec22 tion 149(b) for ozone, but is classified

23 under subpart 3 of part D of title I of that

24 Act (42 U.S.C. 7512 et seq.) as a non-
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1 attainment area described in section

2 149(b) for carbon monoxide.

3 ‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR4 BON MONOXIDE AREAS.—

5 ‘‘(i) CARBON MONOXIDE NONATTAIN6 MENT AREAS.—If, in addition to being

7 classified as a nonattainment or mainte8 nance area for ozone, the area was also

9 classified under subpart 3 of part D of

10 title I of that Act (42 U.S.C. 7512 et seq.)

11 as a nonattainment area described in sec12 tion 149(b) for carbon monoxide, the

13 weighted nonattainment or maintenance

14 area population of the area, as determined

15 under clauses (i) through (vi) of subpara16 graph (B), shall be further multiplied by a

17 factor of 1.2.

18 ‘‘(ii) CARBON MONOXIDE MAINTE19 NANCE AREAS.—If, in addition to being

20 classified as a nonattainment or mainte21 nance area for ozone, the area was at one

22 time also classified under subpart 3 of part

23 D of title I of that Act (42 U.S.C. 7512

24 et seq.) as a nonattainment area described

25 in section 149(b) for carbon monoxide but
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1 has been redesignated as a maintenance

2 area, the weighted nonattainment or main3 tenance area population of the area, as de4 termined under clauses (i) through (vi) of

5 subparagraph (B), shall be further multi6 plied by a factor of 1.1.

7 ‘‘(D) MINIMUM APPORTIONMENT.—Not8 withstanding any other provision of this para9 graph, each State shall receive a minimum of

1 10 ⁄2 of 1 percent of the funds apportioned under

11 this paragraph.

12 ‘‘(E) DETERMINATIONS OF POPULATION.—

13 In determining population figures for the pur14 poses of this paragraph, the Secretary shall use

15 the latest available annual estimates prepared

16 by the Secretary of Commerce.

17 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—

18 ‘‘(A) IN GENERAL.—For the surface trans19 portation program, in accordance with the fol20 lowing formula:

21 ‘‘(i) 20 percent of the apportionments

22 in the ratio that—

23 ‘‘(I) the total lane miles of Fed24 eral-aid highways in each State; bears

25 to
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1 ‘‘(II) the total lane miles of Fed2 eral-aid highways in all States.

3 ‘‘(ii) 30 percent of the apportionments

4 in the ratio that—

5 ‘‘(I) the total vehicle miles trav6 eled on lanes on Federal-aid highways

7 in each State; bears to

8 ‘‘(II) the total vehicle miles trav9 eled on lanes on Federal-aid highways

10 in all States.

11 ‘‘(iii) 25 percent of the apportion12 ments in the ratio that—

13 ‘‘(I) the total square footage of

14 structurally deficient and functionally

15 obsolete bridges on Federal-aid high16 ways (excluding bridges described in

17 subparagraphs (B) and (C)(i)(III) of

18 paragraph (1)) in each State; bears to

19 ‘‘(II) the total square footage of

20 structurally deficient and functionally

21 obsolete bridges on Federal-aid high22 ways (excluding bridges described in

23 subparagraphs (B) and (C)(i)(III) of

24 paragraph (1)) in all States.
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1 ‘‘(iv) 25 percent of the apportion2 ments in the ratio that—

3 ‘‘(I) the estimated tax payments

4 attributable to highway users in each

5 State paid into the Highway Trust

6 Fund (other than the Mass Transit

7 Account) in the latest fiscal year for

8 which data are available; bears to

9 ‘‘(II) the estimated tax payments

10 attributable to highway users in all

11 States paid into the Highway Trust

12 Fund (other than the Mass Transit

13 Account) in the latest fiscal year for

14 which data are available.

15 ‘‘(B) DATA.—Each calculation under sub16 paragraph (A) shall be based on the latest

17 available data.

18 ‘‘(C) MINIMUM APPORTIONMENT.—Not19 withstanding subparagraph (A), each State

shall receive a minimum of 1 20 ⁄2 of 1 percent of

21 the funds apportioned under this paragraph.’’.

22 (b) EFFECT OF CERTAIN AMENDMENTS.—Section

23 104 of title 23, United States Code, is amended by strik24 ing subsection (h) and inserting the following:
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1 ‘‘(h) EFFECT OF CERTAIN AMENDMENTS.—Notwith2 standing any other provision of law, deposits into the

3 Highway Trust Fund resulting from the amendments

4 made by section 901 of the Taxpayer Relief Act of 1997

5 shall not be taken into account in determining the appor6 tionments and allocations that any State shall be entitled

7 to receive under the Intermodal Surface Transportation

8 Efficiency Act of 1997 and this title 23, United States

9 Code.’’.

10 (c) ISTEA TRANSITION.—

11 (1) IN GENERAL.—For each of fiscal years

12 1998 through 2003, the Secretary shall determine,

13 with respect to each State—

14 (A) the total apportionments for the fiscal

15 year under section 104 of title 23, United

16 States Code, for the Interstate and National

17 Highway System program, the surface trans18 portation program, metropolitan planning, and

19 the congestion mitigation and air quality im20 provement program;

21 (B) the annual average of the total appor22 tionments during the period of fiscal years

23 1992 through 1997 for all Federal-aid highway

24 programs (as defined in section 101 of title 23,

25 United States Code), excluding apportionments
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1 for the Federal lands highways program under

2 section 204 of that title;

3 (C) the annual average of the total appor4 tionments during the period of fiscal years

5 1992 through 1997 for all Federal-aid highway

6 programs (as defined in section 101 of title 23,

7 United States Code), excluding—

8 (i) apportionments authorized under

9 section 104 of that title for construction of

10 the Interstate System;

11 (ii) apportionments for the Interstate

12 substitute program under section 103(e)(4)

13 of that title (as in effect on the day before

14 the date of enactment of this Act);

15 (iii) apportionments for the Federal

16 lands highways program under section 204

17 of that title; and

18 (iv) adjustments to sums apportioned

19 under section 104 of that title due to the

20 hold harmless adjustment under section

21 1015(a) of the Intermodal Surface Trans22 portation Efficiency Act of 1991 (23

23 U.S.C. 104 note; 105 Stat. 1943);

24 (D) the product obtained by multiplying—
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1 (i) the annual average of the total ap2 portionments determined under subpara3 graph (B); by

4 (ii) the applicable percentage deter5 mined under paragraph (2); and

6 (E) the product obtained by multiplying—

7 (i) the annual average of the total ap8 portionments determined under subpara9 graph (C); by

10 (ii) the applicable percentage deter11 mined under paragraph (2).

12 (2) APPLICABLE PERCENTAGES.—

13 (A) FISCAL YEAR 1998.—For fiscal year

14 1998—

15 (i) the applicable percentage referred

16 to in paragraph (1)(D)(ii) shall be 145

17 percent; and

18 (ii) the applicable percentage referred

19 to in paragraph (1)(E)(ii) shall be 107

20 percent.

21 (B) FISCAL YEARS THEREAFTER.—For

22 each of fiscal years 1999 through 2003, the ap23 plicable percentage referred to in paragraph

24 (1)(D)(ii) or (1)(E)(ii), respectively, shall be a
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1 percentage equal to the product obtained by

2 multiplying—

3 (i) the percentage specified in clause

4 (i) or (ii), respectively, of subparagraph

5 (A); by

6 (ii) the percentage that—

7 (I) the total contract authority

8 made available under this Act and

9 title 23, United States Code, for Fed10 eral-aid highway programs for the fis11 cal year; bears to

12 (II) the total contract authority

13 made available under this Act and

14 title 23, United States Code, for Fed15 eral-aid highway programs for fiscal

16 year 1998.

17 (3) MAXIMUM TRANSITION.—

18 (A) IN GENERAL.—For each of fiscal years

19 1998 through 2003, in the case of each State

20 with respect to which the total apportionments

21 determined under paragraph (1)(A) is greater

22 than the product determined under paragraph

23 (1)(D), the Secretary shall reduce proportion24 ately the apportionments to the State under

25 section 104 of title 23, United States Code, for
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1 the National Highway System component of the

2 Interstate and National Highway System pro3 gram, the surface transportation program, and

4 the congestion mitigation and air quality im5 provement program so that the total of the ap6 portionments is equal to the product determined

7 under paragraph (1)(D).

8 (B) REDISTRIBUTION OF FUNDS.—

9 (i) IN GENERAL.—Subject to clause

10 (ii), funds made available under subpara11 graph (A) shall be redistributed propor12 tionately under section 104 of title 23,

13 United States Code, for the Interstate and

14 National Highway System program, the

15 surface transportation program, and the

16 congestion mitigation and air quality im17 provement program, to States not subject

18 to a reduction under subparagraph (A).

19 (ii) LIMITATION.—The ratio that—

20 (I) the total apportionments to a

21 State under section 104 of title 23,

22 United States Code, for the Interstate

23 and National Highway System pro24 gram, the surface transportation pro25 gram, metropolitan planning, and the
26

•S 1173 RS

1 congestion mitigation and air quality

2 improvement program, after the appli3 cation of clause (i); bears to

4 (II) the annual average of the

5 total apportionments determined

6 under paragraph (1)(B) with respect

7 to the State;

8 may not exceed, in the case of fiscal year

9 1998, 145 percent, and, in the case of each

10 of fiscal years 1999 through 2003, 145

11 percent as adjusted in the manner de12 scribed in paragraph (2)(B).

13 (4) MINIMUM TRANSITION.—

14 (A) IN GENERAL.—For each of fiscal years

15 1998 through 2003, the Secretary shall appor16 tion to each State such additional amounts as

17 are necessary to ensure that—

18 (i) the total apportionments to the

19 State under section 104 of title 23, United

20 States Code, for the Interstate and Na21 tional Highway System program, the sur22 face transportation program, metropolitan

23 planning, and the congestion mitigation

24 and air quality improvement program,
27

•S 1173 RS

1 after the application of paragraph (3); is

2 equal to

3 (ii) the greater of—

4 (I) the product determined with

5 respect to the State under paragraph

6 (1)(E); or

7 (II) the total apportionments to

8 the State for fiscal year 1997 for all

9 Federal-aid highway programs, ex10 cluding—

11 (aa) apportionments for the

12 Federal lands highways program

13 under section 204 of title 23,

14 United States Code;

15 (bb) adjustments to sums

16 apportioned under section 104 of

17 that title due to the hold harm18 less adjustment under section

19 1015(a) of the Intermodal Sur20 face Transportation Efficiency

21 Act of 1991 (23 U.S.C. 104 note;

22 105 Stat. 1943); and

23 (cc) demonstration projects

24 under the Intermodal Surface
28

•S 1173 RS

1 Transportation Efficiency Act of

2 1991 (Public Law 102–240).

3 (B) OBLIGATION.—Amounts apportioned

4 under subparagraph (A)—

5 (i) shall be considered to be sums

6 made available for expenditure on the sur7 face transportation program, except that—

8 (I) the amounts shall not be sub9 ject to paragraphs (1) and (2) of sec10 tion 133(d) of title 23, United States

11 Code; and

12 (II) 50 percent of the amounts

13 shall be subject to section 133(d)(3)

14 of that title;

15 (ii) shall be available for any purpose

16 eligible for funding under section 133 of

17 that title; and

18 (iii) shall remain available for obliga19 tion for a period of 3 years after the last

20 day of the fiscal year for which the

21 amounts are apportioned.

22 (C) AUTHORIZATION OF CONTRACT AU23 THORITY.—

24 (i) IN GENERAL.—There shall be

25 available from the Highway Trust Fund
29

•S 1173 RS

1 (other than the Mass Transit Account)

2 such sums as are necessary to carry out

3 this paragraph.

4 (ii) CONTRACT AUTHORITY.—Funds

5 authorized under this subparagraph shall

6 be available for obligation in the same

7 manner as if the funds were apportioned

8 under chapter 1 of title 23, United States

9 Code.

10 (d) MINIMUM GUARANTEE.—

11 (1) IN GENERAL.—Section 105 of title 23,

12 United States Code, is amended to read as follows:

13 ‘‘§ 105. Minimum guarantee

14 ‘‘(a) ADJUSTMENT.—

15 ‘‘(1) IN GENERAL.—In fiscal year 1998 and

16 each fiscal year thereafter on October 1, or as soon

17 as practicable thereafter, the Secretary shall allocate

18 among the States amounts sufficient to ensure

19 that—

20 ‘‘(A) the ratio that—

21 ‘‘(i) each State’s percentage of the

22 total apportionments for the fiscal year—

23 ‘‘(I) under section 104 for the

24 Interstate and National Highway Sys25 tem program, the surface transpor-
30

•S 1173 RS

1 tation program, metropolitan plan2 ning, and the congestion mitigation

3 and air quality improvement program;

4 and

5 ‘‘(II) under this section and sec6 tion 1102(c) of the Intermodal Sur7 face Transportation Efficiency Act of

8 1997 for ISTEA transition; bears to

9 ‘‘(ii) each State’s percentage of esti10 mated tax payments attributable to high11 way users in the State paid into the High12 way Trust Fund (other than the Mass

13 Transit Account) in the latest fiscal year

14 for which data are available;

15 is not less than 0.90; and

16 ‘‘(B) in the case of a State specified in

17 paragraph (2), the State’s percentage of the

18 total apportionments for the fiscal year de19 scribed in subclauses (I) and (II) of subpara20 graph (A)(i) is—

21 ‘‘(i) not less than the percentage spec22 ified for the State in paragraph (2); but

23 ‘‘(ii) not greater than the product de24 termined for the State under section

25 1102(c)(1)(D) of the Intermodal Surface
31

•S 1173 RS

1 Transportation Efficiency Act of 1997 for

2 the fiscal year.

3 ‘‘(2) STATE PERCENTAGES.—The percentage

4 referred to in paragraph (1)(B) for a specified State

5 shall be determined in accordance with the following

6 table:

‘‘State Percentage

Alaska ............................................................................... 1.24

Arkansas ........................................................................... 1.33

Delaware ........................................................................... 0.47

Hawaii .............................................................................. 0.55

Idaho ................................................................................ 0.82

Montana ........................................................................... 1.06

Nevada ............................................................................. 0.73

New Hampshire ................................................................ 0.52

New Jersey ....................................................................... 2.41

New Mexico ...................................................................... 1.05

North Dakota ................................................................... 0.73

Rhode Island .................................................................... 0.58

South Dakota ................................................................... 0.78

Vermont ............................................................................ 0.47

Wyoming .......................................................................... 0.76.

7 ‘‘(b) TREATMENT OF ALLOCATIONS.—

8 ‘‘(1) OBLIGATION.—Amounts allocated under

9 subsection (a)—

10 ‘‘(A) shall be available for obligation when

11 allocated and shall remain available for obliga12 tion for a period of 3 years after the last day

13 of the fiscal year for which the amounts are al14 located; and

15 ‘‘(B) shall be available for any purpose eli16 gible for funding under this title.
32

•S 1173 RS

1 ‘‘(2) SET-ASIDE.—Fifty percent of the amounts

2 allocated under subsection (a) shall be subject to

3 section 133(d)(3).

4 ‘‘(c) TREATMENT OF WITHHELD APPORTION5 MENTS.—For the purpose of subsection (a), any funds

6 that, but for section 158(b) or any other provision of law

7 under which Federal-aid highway funds are withheld from

8 apportionment, would be apportioned to a State for a fis9 cal year under a section referred to in subsection (a) shall

10 be treated as being apportioned in that fiscal year.

11 ‘‘(d) AUTHORIZATION OF CONTRACT AUTHORITY.—

12 There shall be available from the Highway Trust Fund

13 (other than the Mass Transit Account) such sums as are

14 necessary to carry out this section.’’.

15 (2) CONFORMING AMENDMENT.—The analysis

16 for chapter 1 of title 23, United States Code, is

17 amended by striking the item relating to section 105

18 and inserting the following:

‘‘105. Minimum guarantee.’’.

19 (e) AUDITS OF HIGHWAY TRUST FUND.—Section

20 104 of title 23, United States Code, is amended by strik21 ing subsection (i) and inserting the following:

22 ‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From

23 available administrative funds deducted under subsection

24 (a), the Secretary may reimburse the Office of Inspector

25 General of the Department of Transportation for the con-
33

•S 1173 RS

1 duct of annual audits of financial statements in accord2 ance with section 3521 of title 31.’’.

3 (f) TECHNICAL AMENDMENTS.—Section 104 of title

4 23, United States Code, is amended—

5 (1) in subsection (e)—

6 (A) by inserting ‘‘NOTIFICATION TO

7 STATES.—’’ after ‘‘(e)’’;

8 (B) in the first sentence—

9 (i) by striking ‘‘(other than under

10 subsection (b)(5) of this section)’’; and

11 (ii) by striking ‘‘and research’’;

12 (C) by striking the second sentence; and

13 (D) in the last sentence, by striking ‘‘, ex14 cept that’’ and all that follows through ‘‘such

15 funds’’; and

16 (2) in subsection (f)—

17 (A) by striking ‘‘(f)(1) On’’ and inserting

18 the following:

19 ‘‘(f) METROPOLITAN PLANNING.—

20 ‘‘(1) SET-ASIDE.—On’’;

21 (B) by striking ‘‘(2) These’’ and inserting

22 the following:

23 ‘‘(2) APPORTIONMENT TO STATES OF SET24 ASIDE FUNDS.—These’’;
34

•S 1173 RS

1 (C) by striking ‘‘(3) The’’ and inserting

2 the following:

3 ‘‘(3) USE OF FUNDS.—The’’; and

4 (D) by striking ‘‘(4) The’’ and inserting

5 the following:

6 ‘‘(4) DISTRIBUTION OF FUNDS WITHIN

7 STATES.—The’’.

8 (g) CONFORMING AMENDMENTS.—

9 (1) Section 146(a) of title 23, United States

10 Code, is amended in the first sentence by striking ‘‘,

11 104(b)(2), and 104(b)(6)’’ and inserting ‘‘and

12 104(b)(2)’’.

13 (2)(A) Section 150 of title 23, United States

14 Code, is repealed.

15 (B) The analysis for chapter 1 of title 23, Unit16 ed States Code, is amended by striking the item re17 lating to section 150.

18 (3) Section 158 of title 23, United States Code,

19 is amended—

20 (A) in subsection (a)—

21 (i) by striking paragraph (1);

22 (ii) by redesignating paragraphs (2)

23 and (3) as paragraphs (1) and (2), respec24 tively;
35

•S 1173 RS

1 (iii) in paragraph (1) (as so redesig2 nated)—

3 (I) by striking ‘‘AFTER THE

4 FIRST YEAR’’ and inserting ‘‘IN GEN5 ERAL’’; and

6 (II) by striking ‘‘, 104(b)(2),

7 104(b)(5), and 104(b)(6)’’ and insert8 ing ‘‘and 104(b)(2)’’; and

9 (iv) in paragraph (2) (as redesignated

10 by clause (ii)), by striking ‘‘paragraphs (1)

11 and (2) of this subsection’’ and inserting

12 ‘‘paragraph (1)’’; and

13 (B) by striking subsection (b) and insert14 ing the following:

15 ‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No

16 funds withheld under this section from apportionment to

17 any State after September 30, 1988, shall be available for

18 apportionment to that State.’’.

19 (4)(A) Section 157 of title 23, United States

20 Code, is repealed.

21 (B) The analysis for chapter 1 of title 23, Unit22 ed States Code, is amended by striking the item re23 lating to section 157.
36

•S 1173 RS

1 (5)(A) Section 115(b)(1) of title 23, United

2 States Code, is amended by striking ‘‘or 104(b)(5),

3 as the case may be,’’.

4 (B) Section 137(f)(1) of title 23, United States

5 Code, is amended by striking ‘‘section 104(b)(5)(B)

6 of this title’’ and inserting ‘‘section 104(b)(1)(A)’’.

7 (C) Section 141(c) of title 23, United States

8 Code, is amended by striking ‘‘section 104(b)(5) of

9 this title’’ each place it appears and inserting ‘‘sec10 tion 104(b)(1)(A)’’.

11 (D) Section 142(c) of title 23, United States

12 Code, is amended by striking ‘‘(other than section

13 104(b)(5)(A))’’.

14 (E) Section 159 of title 23, United States Code,

15 is amended—

16 (i) by striking ‘‘(5) of’’ each place it ap17 pears and inserting ‘‘(5) (as in effect on the

18 day before the date of enactment of the Inter19 modal Surface Transportation Efficiency Act of

20 1997) of’’; and

21 (ii) in subsection (b)—

22 (I) in paragraphs (1)(A)(i) and

23 (3)(A), by striking ‘‘section 104(b)(5)(A)’’

24 each place it appears and inserting ‘‘sec25 tion 104(b)(5)(A) (as in effect on the day
37

•S 1173 RS

1 before the date of enactment of the Inter2 modal Surface Transportation Efficiency

3 Act of 1997)’’;

4 (II) in paragraph (1)(A)(ii), by strik5 ing ‘‘section 104(b)(5)(B)’’ and inserting

6 ‘‘section 104(b)(5)(B) (as in effect on the

7 day before the date of enactment of the

8 Intermodal Surface Transportation Effi9 ciency Act of 1997)’’;

10 (III) in paragraph (3)(B), by striking

11 ‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in ef12 fect on the day before the date of enact13 ment of the Intermodal Surface Transpor14 tation Efficiency Act of 1997)’’; and

15 (IV) in paragraphs (3)(B) and (4), by

16 striking ‘‘section 104(b)(5)’’ each place it

17 appears and inserting ‘‘section 104(b)(5)

18 (as in effect on the day before the date of

19 enactment of the Intermodal Surface

20 Transportation Efficiency Act of 1997)’’.

21 (F) Section 161(a) of title 23, United States

22 Code, is amended by striking ‘‘paragraphs (1), (3),

23 and (5)(B) of section 104(b)’’ each place it appears

24 and inserting ‘‘paragraphs (1) and (3) of section

25 104(b)’’.
38

•S 1173 RS

1 (6)(A) Section 104(g) of title 23, United States

2 Code, is amended—

3 (i) in the first sentence, by striking ‘‘sec4 tions 130, 144, and 152 of this title’’ and in5 serting ‘‘subsection (b)(1)(B) and sections 130

6 and 152’’;

7 (ii) in the first and second sentences—

8 (I) by striking ‘‘section’’ and inserting

9 ‘‘provision’’; and

10 (II) by striking ‘‘such sections’’ and

11 inserting ‘‘those provisions’’; and

12 (iii) in the third sentence—

13 (I) by striking ‘‘section 144’’ and in14 serting ‘‘subsection (b)(1)(B)’’; and

15 (II) by striking ‘‘subsection (b)(1)’’

16 and inserting ‘‘subsection (b)(1)(C)’’.

17 (B) Section 115 of title 23, United States Code,

18 is amended—

19 (i) in subsection (a)(1)(A)(i), by striking

20 ‘‘104(b)(2), 104(b)(3), 104(f), 144,’’ and in21 serting ‘‘104(b)(1)(B), 104(b)(2), 104(b)(3),

22 104(f),’’; and

23 (ii) in subsection (c), by striking ‘‘144,,’’.
39

•S 1173 RS

1 (C) Section 120(e) of title 23, United States

2 Code, is amended in the last sentence by striking

3 ‘‘and in section 144 of this title’’.

4 (D) Section 151(d) of title 23, United States

5 Code, is amended by striking ‘‘section 104(a), sec6 tion 307(a), and section 144 of this title’’ and in7 serting ‘‘subsections (a) and (b)(1)(B) of section

8 104 and section 307(a)’’.

9 (E) Section 204(c) of title 23, United States

10 Code, is amended in the first sentence by striking

11 ‘‘or section 144 of this title’’.

12 (F) Section 303(g) of title 23, United States

13 Code, is amended by striking ‘‘section 144 of this

14 title’’ and inserting ‘‘section 104(b)(1)(B)’’.

15 SEC. 1103. OBLIGATION CEILING.

16 (a) GENERAL LIMITATIONS.—Subject to the other

17 provisions of this section and notwithstanding any other

18 provision of law, the total amount of all obligations for

19 Federal-aid highways and highway safety construction

20 programs shall not exceed—

21 (1) $21,800,000,000 for fiscal year 1998;

22 (2) $22,768,000,000 for fiscal year 1999;

23 (3) $22,901,000,000 for fiscal year 2000;

24 (4) $23,070,000,000 for fiscal year 2001;

25 (5) $23,511,000,000 for fiscal year 2002; and
40

•S 1173 RS

1 (6) $24,259,000,000 for fiscal year 2003.

2 (b) EXCEPTIONS.—

3 (1) IN GENERAL.—The limitations under sub4 section (a) shall not apply to obligations of funds

5 under—

6 (A) section 125 of title 23, United States

7 Code;

8 (B) section 105(a) of that title, excluding

9 amounts allocated under section 105(a)(1)(B)

10 of that title;

11 (A) section 105(a) of title 23, United States

12 Code, excluding amounts allocated under section

13 105(a)(1)(B) of that title;

14 (B) section 125 of that title;

15 (C) section 157 of that title (as in effect

16 on the day before the date of enactment of this

17 Act);

18 (D) section 147 of the Surface Transpor19 tation Assistance Act of 1978 (23 U.S.C. 144

20 note; 92 Stat. 2714);

21 (E) section 9 of the Federal-Aid Highway

22 Act of 1981 (95 Stat. 1701);

23 (F) subsections (b) and (j) of section 131

24 of the Surface Transportation Assistance Act of

25 1982 (96 Stat. 2119);
41

•S 1173 RS

1 (G) subsections (b) and (c) of section 149

2 of the Surface Transportation and Uniform Re3 location Assistance Act of 1987 (101 Stat.

4 198); and

5 (H) sections 1103 through 1108 of the

6 Intermodal Surface Transportation Efficiency

7 Act of 1991 (105 Stat. 2027).

8 (2) EFFECT OF OTHER LAW.—A provision of

9 law establishing a limitation on obligations for Fed10 eral-aid highways and highway safety construction

11 programs may not amend or limit the applicability

12 of this subsection, unless the provision specifically

13 amends or limits that applicability.

14 (c) APPLICABILITY TO TRANSPORTATION RESEARCH

15 PROGRAMS.—Obligation limitations for Federal-aid high16 ways and highway safety construction programs estab17 lished by subsection (a) shall apply to transportation re18 search programs carried out under chapter 5 of title 23,

19 United States Code.

20 (d) OBLIGATION AUTHORITY.—Section 118 of title

21 23, United States Code, is amended by adding at the end

22 the following:

23 ‘‘(g) OBLIGATION AUTHORITY.—

24 ‘‘(1) DISTRIBUTION.—For each fiscal year, the

25 Secretary shall—
42

•S 1173 RS

1 ‘‘(A) distribute the total amount of obliga2 tion authority for Federal-aid highways and

3 highway safety construction programs made

4 available for the fiscal year by allocation in the

5 ratio that—

6 ‘‘(i) the total of the sums made avail7 able for Federal-aid highways and highway

8 safety construction programs that are ap9 portioned or allocated to each State for the

10 fiscal year; bears to

11 ‘‘(ii) the total of the sums made avail12 able for Federal-aid highways and highway

13 safety construction programs that are ap14 portioned or allocated to all States for the

15 fiscal year;

16 ‘‘(B) provide all States with authority suf17 ficient to prevent lapses of sums authorized to

18 be appropriated for Federal-aid highways that

19 have been apportioned to a State; and

20 ‘‘(C) not distribute—

21 ‘‘(i) amounts deducted under section

22 104(a) for administrative expenses;

23 ‘‘(ii) amounts made available for the

24 Federal lands highways program under
43

•S 1173 RS

1 section 204; set aside under section 104(k)

2 for Interstate 4R and bridge projects;

3 ‘‘(iii) amounts made available under

4 sections 143, 164, 165, 204, 206, 207, and

5 322;

6 ‘‘(iv) amounts made available under

7 section 111 of title 49;

8 ‘‘(v) amounts made available under

9 section 201 of the Appalachian Regional

10 Development Act of 1965 (40 U.S.C. App.);

11 ‘‘(vi) amounts made available under

12 section 1012(b) of the Intermodal Surface

13 Transportation Efficiency Act of 1991 (23

14 U.S.C. 149 note; 105 Stat. 1938);

15 ‘‘(vii) amounts made available under

16 chapter 2 of subtitle C of title I, and sec17 tions 1503, 1603, and 1604, of the Inter18 modal Surface Transportation Efficiency

19 Act of 1997;

20 ‘‘(iii) ‘‘(viii) amounts made available

21 under section 149(d) of the Surface Trans22 portation and Uniform Relocation Assist23 ance Act of 1987 (101 Stat. 201); and

24 ‘‘(iv) ‘‘(ix) amounts made available for

25 implementation of programs under chapter
44

•S 1173 RS

1 5 of this title and sections 5222, 5232, and

2 5241 of title 49.

3 ‘‘(2) REDISTRIBUTION.—Notwithstanding para4 graph (1), the Secretary shall, after August 1 of

5 each of fiscal years 1998 through 2003—

6 ‘‘(A) revise a distribution of the funds

7 made available under paragraph (1) for the fis8 cal year if a State will not obligate the amount

9 distributed during the fiscal year; and

10 ‘‘(B) redistribute sufficient amounts to

11 those States able to obligate amounts in addi12 tion to the amounts previously distributed dur13 ing the fiscal year, giving priority to those

14 States that have large unobligated balances of

15 funds apportioned under section 104 and under

16 section 144 (as in effect on the day before the

17 date of enactment of this subsection subpara18 graph).’’.

19 (e) APPLICABILITY OF OBLIGATION LIMITATIONS.—

20 An obligation limitation established by a provision of any

21 other Act shall not apply to obligations under a program

22 funded under this Act or title 23, United States Code, un23 less—

24 (1) the provision specifically amends or limits

25 the applicability of this subsection; or
45

•S 1173 RS

1 (2) an obligation limitation is specified in this

2 Act with respect to the program.

3 SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE

4 TRANSPORTATION PROGRAM.

5 Section 133 of title 23, United States Code, is

6 amended by striking subsection (f) and inserting the fol7 lowing:

8 ‘‘(f) OBLIGATION AUTHORITY.—

9 ‘‘(1) IN GENERAL.—A State that is required to

10 obligate in an urbanized area with an urbanized area

11 population of over 200,000 individuals under sub12 section (d) funds apportioned to the State under sec13 tion 104(b)(3) shall make available during the 3-fis14 cal year period of 1998 through 2000, and the 3-fis15 cal year period of 2001 through 2003, an amount of

16 obligation authority distributed to the State for Fed17 eral-aid highways and highway safety construction

18 programs for use in the area that is equal to the

19 amount obtained by multiplying—

20 ‘‘(A) the aggregate amount of funds that

21 the State is required to obligate in the area

22 under subsection (d) during each such period;

23 by

24 ‘‘(B) the ratio that—
46

•S 1173 RS

1 ‘‘(i) the aggregate amount of obliga2 tion authority distributed to the State for

3 Federal-aid highways and highway safety

4 construction programs during the period;

5 bears to

6 ‘‘(ii) the total of the sums apportioned

7 to the State for Federal-aid highways and

8 highway safety construction programs (ex9 cluding sums not subject to an obligation

10 limitation) during the period.

11 ‘‘(2) JOINT RESPONSIBILITY.—Each State,

12 each affected metropolitan planning organization,

13 and the Secretary shall jointly ensure compliance

14 with paragraph (1).’’.

15 SEC. 1105. EMERGENCY RELIEF.

16 (a) FEDERAL SHARE.—Section 120(e) of title 23,

17 United States Code, is amended in the first sentence by

18 striking ‘‘highway system’’ and inserting ‘‘highway’’.

19 (b) ELIGIBILITY AND FUNDING.—Section 125 of title

20 23, United States Code, is amended—

21 (1) by striking subsection (a);

22 (2) by redesignating subsections (b), (c), and

23 (d) as subsections (d), (e), and (f), respectively;

24 (3) by inserting after the section heading the

25 following:
47

•S 1173 RS

1 ‘‘(a) GENERAL ELIGIBILITY.—Subject to this section

2 and section 120, an emergency fund is authorized for ex3 penditure by the Secretary for the repair or reconstruction

4 of highways, roads, and trails, in any part of the United

5 States, including Indian reservations, that the Secretary

6 finds have suffered serious damage as a result of—

7 ‘‘(1) natural disaster over a wide area, such as

8 by a flood, hurricane, tidal wave, earthquake, severe

9 storm, or landslide; or

10 ‘‘(2) catastrophic failure from any external

11 cause.

12 ‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event

13 shall funds be used pursuant to this section for the repair

14 or reconstruction of bridges that have been permanently

15 closed to all vehicular traffic by the State or responsible

16 local official because of imminent danger of collapse due

17 to a structural deficiency or physical deterioration.

18 ‘‘(c) FUNDING.—Subject to the following limitations,

19 there are hereby authorized to be appropriated from the

20 Highway Trust Fund (other than the Mass Transit Ac21 count) such sums as may be necessary to establish the

22 fund authorized by this section and to replenish it on an

23 annual basis:

24 ‘‘(1) Not more than $100,000,000 is authorized

25 to be obligated in any 1 fiscal year commencing
48

•S 1173 RS

1 after September 30, 1980, to carry out the provi2 sions of this section, except that, if in any fiscal year

3 the total of all obligations under this section is less

4 than the amount authorized to be obligated in such

5 fiscal year, the unobligated balance of such amount

6 shall remain available until expended and shall be

7 in addition to amounts otherwise available to carry

8 out this section each year.

9 ‘‘(2) Pending such appropriation or replenish10 ment, the Secretary may obligate from any funds

11 heretofore or hereafter appropriated for obligation in

12 accordance with this title, including existing Federal13 aid appropriations, such sums as may be necessary

14 for the immediate prosecution of the work herein au15 thorized, provided that such funds are reimbursed

16 from the appropriations authorized in paragraph (1)

17 of this subsection when such appropriations are

18 made.’’;

19 (4) in subsection (d) (as so redesignated), by

20 striking ‘‘subsection (c)’’ both places it appears and

21 inserting ‘‘subsection (e)’’; and

22 (5) in subsection (e) (as so redesignated), by

23 striking ‘‘on any of the Federal-aid highway sys24 tems’’ and inserting ‘‘Federal-aid highways’’.
49

•S 1173 RS

1 (c) SAN MATEO COUNTY, CALIFORNIA.—Notwith2 standing any other provision of law, a project to repair

3 or reconstruct any portion of a Federal-aid primary route

4 in San Mateo County, California, that—

5 (1) was destroyed as a result of a combination

6 of storms in the winter of 1982–1983 and a moun7 tain slide; and

8 (2) until its destruction, served as the only rea9 sonable access route between 2 cities and as the des10 ignated emergency evacuation route of 1 of the

11 cities; and

12 (3) complies with the local coastal plan;

13 shall be eligible for assistance under section 125(a) of title

14 23, United States Code.

15 (2) until its destruction, served as the only rea16 sonable access route between 2 cities and as the des17 ignated emergency evacuation route of 1 of the cities;

18 shall be eligible for assistance under section 125(a) of title

19 23, United States Code, if the project complies with the local

20 coastal plan.

21 SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

22 (a) FEDERAL SHARE PAYABLE.—Section 120 of title

23 23, United States Code, is amended by adding at the end

24 the following:
50

•S 1173 RS

1 ‘‘(j) USE OF FEDERAL LAND MANAGEMENT AGENCY

2 FUNDS.—Notwithstanding any other provision of law, the

3 funds appropriated to any Federal land management

4 agency may be used to pay the non-Federal share of the

5 cost of any Federal-aid highway project the Federal share

6 of which is funded under section 104.

7 ‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM

8 FUNDS.—Notwithstanding any other provision of law, the

9 funds made available to carry out the Federal lands high10 ways program under section 204 may be used to pay the

11 non-Federal share of the cost of any project that is funded

12 under section 104 and that provides access to or within

13 Federal or Indian lands.’’.

14 (b) AVAILABILITY OF FUNDS.—Section 203 of title

15 23, United States Code, is amended by adding at the end

16 the following: ‘‘Notwithstanding any other provision of

17 law, the authorization by the Secretary of engineering and

18 related work for a Federal lands highways program

19 project, or the approval by the Secretary of plans, speci20 fications, and estimates for construction of a Federal

21 lands highways program project, shall be deemed to con22 stitute a contractual obligation of the Federal Government

23 to the pay the Federal share of the cost of the project.’’.

24 (c) PLANNING AND AGENCY COORDINATION.—Sec25 tion 204 of title 23, United States Code, is amended—
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1 (1) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—Recognizing the need for

5 all Federal roads that are public roads to be treated

6 under uniform policies similar to the policies that

7 apply to Federal-aid highways, there is established a

8 coordinated Federal lands highways program that

9 shall apply to public lands highways, park roads and

10 parkways, and Indian reservation roads and bridges.

11 ‘‘(2) TRANSPORTATION PLANNING PROCE12 DURES.—In consultation with the Secretary of each

13 appropriate Federal land management agency, the

14 Secretary shall develop, by rule, transportation plan15 ning procedures that are consistent with the metro16 politan and statewide planning processes required

17 under sections 134 and 135.

18 ‘‘(3) APPROVAL OF TRANSPORTATION IMPROVE19 MENT PROGRAM.—The transportation improvement

20 program developed as a part of the transportation

21 planning process under this section shall be ap22 proved by the Secretary.

23 ‘‘(4) INCLUSION IN OTHER PLANS.—All region24 ally significant Federal lands highways program

25 projects—
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•S 1173 RS

1 ‘‘(A) shall be developed in cooperation with

2 States and metropolitan planning organizations;

3 and

4 ‘‘(B) shall be included in appropriate Fed5 eral lands highways program, State, and metro6 politan plans and transportation improvement

7 programs.

8 ‘‘(5) INCLUSION IN STATE PROGRAMS.—The ap9 proved Federal lands highways program transpor10 tation improvement program shall be included in ap11 propriate State and metropolitan planning organiza12 tion plans and programs without further action on

13 the transportation improvement program.

14 ‘‘(6) DEVELOPMENT OF SYSTEMS.—The Sec15 retary and the Secretary of each appropriate Federal

16 land management agency shall, to the extent appro17 priate, develop safety, bridge, pavement, and conges18 tion management systems for roads funded under

19 the Federal lands highways program.’’;

20 (2) in subsection (b), by striking the first 3 sen21 tences and inserting the following: ‘‘Funds available

22 for public lands highways, park roads and parkways,

23 and Indian reservation roads shall be used by the

24 Secretary and the Secretary of the appropriate Fed25 eral land management agency to pay for the cost of
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•S 1173 RS

1 transportation planning, research, engineering, and

2 construction of the highways, roads, and parkways,

3 or of transit facilities within public lands, national

4 parks, and Indian reservations. In connection with

5 activities under the preceding sentence, the Sec6 retary and the Secretary of the appropriate Federal

7 land management agency may enter into construc8 tion contracts and other appropriate contracts with

9 a State or civil subdivision of a State or Indian

10 tribe.’’;

11 (3) in the first sentence of subsection (e), by

12 striking ‘‘Secretary of the Interior’’ and inserting

13 ‘‘Secretary of the appropriate Federal land manage14 ment agency’’;

15 (4) in subsection (h), by adding at the end the

16 following:

17 ‘‘(8) A project to build a replacement of the

18 federally owned bridge over the Hoover Dam in the

19 Lake Mead National Recreation Area between Ne20 vada and Arizona.’’;

21 (5) by striking subsection (i) and inserting the

22 following:

23 ‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OF

24 FEDERAL LAND MANAGEMENT AGENCIES.—
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1 ‘‘(1) ADMINISTRATIVE COSTS.—The Secretary

2 shall transfer to the appropriate Federal land man3 agement agency from amounts made available for

4 public lands highways such amounts as are nec5 essary to pay necessary administrative costs of the

6 agency in connection with public lands highways.

7 ‘‘(2) TRANSPORTATION PLANNING COSTS.—The

8 Secretary shall transfer to the appropriate Federal

9 land management agency from amounts made avail10 able for public lands highways such amounts as are

11 necessary to pay the cost to the agency to conduct

12 necessary transportation planning for Federal lands,

13 if funding for the planning is not otherwise provided

14 under this section.’’; and

15 (6) in subsection (j), by striking the second sen16 tence and inserting the following: ‘‘The Indian tribal

17 government, in cooperation with the Secretary of the

18 Interior, and as appropriate, with a State, local gov19 ernment, or metropolitan planning organization,

20 shall carry out a transportation planning process in

21 accordance with subsection (a).’’.

22 SEC. 1107. RECREATIONAL TRAILS PROGRAM.

23 (a) IN GENERAL.—Chapter 2 of title 23, United

24 States Code, is amended by inserting after section 205 the

25 following:
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1 ‘‘§ 206. Recreational trails program

2 ‘‘(a) DEFINITIONS.—

3 ‘‘(1) MOTORIZED RECREATION.—The term ‘mo4 torized recreation’ means off-road recreation using

5 any motor-powered vehicle, except for a motorized

6 wheelchair.

7 ‘‘(2) RECREATIONAL TRAIL; TRAIL.—The term

8 ‘recreational trail’ or ‘trail’ means a thoroughfare or

9 track across land or snow, used for recreational pur10 poses such as—

11 ‘‘(A) pedestrian activities, including wheel12 chair use;

13 ‘‘(B) skating or skateboarding;

14 ‘‘(C) equestrian activities, including car15 riage driving;

16 ‘‘(D) nonmotorized snow trail activities, in17 cluding skiing;

18 ‘‘(E) bicycling or use of other human-pow19 ered vehicles;

20 ‘‘(F) aquatic or water activities; and

21 ‘‘(G) motorized vehicular activities, includ22 ing all-terrain vehicle riding, motorcycling,

23 snowmobiling, use of off-road light trucks, or

24 use of other off-road motorized vehicles.

25 ‘‘(b) PROGRAM.—In accordance with this section, the

26 Secretary, in consultation with the Secretary of the Inte-
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1 rior and the Secretary of Agriculture, shall carry out a

2 program to provide and maintain recreational trails (re3 ferred to in this section as the ‘program’).

4 ‘‘(c) STATE RESPONSIBILITIES.—To be eligible for

5 apportionments under this section—

6 ‘‘(1) a State may use apportionments received

7 under this section for construction of new trails

8 crossing Federal lands only if the construction is—

9 ‘‘(A) permissible under other law;

10 ‘‘(B) necessary and required by a statewide

11 comprehensive outdoor recreation plan required

12 by the Land and Water Conservation Fund Act

13 of 1965 (16 U.S.C. 460l–4 et seq.);

14 ‘‘(C) approved by the administering agency

15 of the State designated under paragraph (2);

16 and

17 ‘‘(D) approved by each Federal agency

18 charged with management of the affected lands,

19 which approval shall be contingent on compli20 ance by the Federal agency with all applicable

21 laws, including the National Environmental

22 Policy Act of 1969 (42 U.S.C. 4321 et seq.),

23 the Forest and Rangeland Renewable Resources

24 Planning Act of 1974 (16 U.S.C. 1600 et seq.),
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1 and the Federal Land Policy and Management

2 Act of 1976 (43 U.S.C. 1701 et seq.);

3 ‘‘(2) the Governor of a State shall designate the

4 State agency or agencies that will be responsible for

5 administering apportionments received under this

6 section; and

7 ‘‘(3) the State shall establish within the State

8 a State trail advisory committee that represents both

9 motorized and nonmotorized trail users.

10 ‘‘(d) USE OF APPORTIONED FUNDS.—

11 ‘‘(1) IN GENERAL.—Funds made available

12 under this section shall be obligated for trails and

13 trail-related projects that—

14 ‘‘(A) have been planned and developed

15 under the laws, policies, and administrative pro16 cedures of each State; and

17 ‘‘(B) are identified in, or further a specific

18 goal of, a trail plan or trail plan element in19 cluded or referenced in a metropolitan transpor20 tation plan required under section 134 or a

21 statewide transportation plan required under

22 section 135, consistent with the statewide com23 prehensive outdoor recreation plan required by

24 the Land and Water Conservation Fund Act of

25 1965 (16 U.S.C. 460l–4 et seq.).
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•S 1173 RS

1 ‘‘(2) PERMISSIBLE USES.—Permissible uses of

2 funds made available under this section include—

3 ‘‘(A) maintenance and restoration of exist4 ing trails;

5 ‘‘(B) development and rehabilitation of

6 trailside and trailhead facilities and trail link7 ages;

8 ‘‘(C) purchase and lease of trail construc9 tion and maintenance equipment;

10 ‘‘(D) construction of new trails;

11 ‘‘(E) acquisition of easements and fee sim12 ple title to property for trails or trail corridors;

13 ‘‘(F) payment of costs to the State in14 curred in administering the program, but in an

15 amount not to exceed 7 percent of the appor16 tionment received by the State for a fiscal year;

17 and

18 ‘‘(G) operation of educational programs to

19 promote safety and environmental protection as

20 these objectives relate to the use of trails.

21 ‘‘(3) USE OF APPORTIONMENTS.—

22 ‘‘(A) IN GENERAL.—Except as provided in

23 subparagraphs (B), (C), and (D), of the appor24 tionments received for a fiscal year by a State

25 under this section—
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1 ‘‘(i) 40 percent shall be used for trail

2 or trail-related projects that facilitate di3 verse recreational trail use within a trail

4 corridor, trailside, or trailhead, regardless

5 of whether the project is for diverse motor6 ized use, for diverse nonmotorized use, or

7 to accommodate both motorized and non8 motorized recreational trail use;

9 ‘‘(ii) 30 percent shall be used for uses

10 relating to motorized recreation; and

11 ‘‘(iii) 30 percent shall be used for uses

12 relating to nonmotorized recreation.

13 ‘‘(B) SMALL STATE EXCLUSION.—Any

14 State with a total land area of less than

15 3,500,000 acres, and in which nonhighway rec16 reational fuel use accounts for less than 1 per17 cent of all such fuel use in the United States,

18 shall be exempted from the requirements of

19 subparagraph (A) upon application to the Sec20 retary by the State demonstrating that the

21 State meets the conditions of this subpara22 graph.

23 ‘‘(C) WAIVER AUTHORITY.—Upon the re24 quest of a State trail advisory committee estab25 lished under subsection (c)(3), the Secretary
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1 may waive, in whole or in part, the require2 ments of subparagraph (A) with respect to the

3 State if the State certifies to the Secretary that

4 the State does not have sufficient projects to

5 meet the requirements of subparagraph (A).

6 ‘‘(D) STATE ADMINISTRATIVE COSTS.—

7 State administrative costs eligible for funding

8 under paragraph (2)(F) shall be exempt from

9 the requirements of subparagraph (A).

10 ‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—

11 To the extent practicable and consistent with the other

12 requirements of this section, a State should give consider13 ation to project proposals that provide for the redesign,

14 reconstruction, nonroutine maintenance, or relocation of

15 trails to benefit the natural environment or to mitigate

16 and minimize the impact to the natural environment.

17 ‘‘(f) FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—Subject to the other provi19 sions of this subsection, the Federal share of the

20 cost of a project under this section shall not exceed

21 80 percent.

22 ‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—

23 Notwithstanding any other provision of law, a Fed24 eral agency that sponsors a project under this sec-
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1 tion may contribute additional Federal funds toward

2 the cost of a project, except that—

3 ‘‘(A) the share attributable to the Sec4 retary of Transportation may not exceed 80

5 percent; and

6 ‘‘(B) the share attributable to the Sec7 retary and the Federal agency jointly may not

8 exceed 95 percent.

9 ‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMS

10 TO PROVIDE NON-FEDERAL SHARE.—Notwithstand11 ing any other provision of law, amounts made avail12 able by the Federal Government under any Federal

13 program that are—

14 ‘‘(A) expended in accordance with the re15 quirements of the Federal program relating to

16 activities funded and populations served; and

17 ‘‘(B) expended on a project that is eligible

18 for assistance under this section;

19 may be credited toward the non-Federal share of the

20 cost of the project.

21 ‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A

22 State may allow adjustments to the non-Federal

23 share of an individual project under this section if

24 the Federal share of the cost of all projects carried

25 out by the State under the program (excluding
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1 projects funded under paragraph (2) or (3)) using

2 funds apportioned to the State for a fiscal year does

3 not exceed 80 percent.

4 ‘‘(5) STATE ADMINISTRATIVE COSTS.—The

5 Federal share of the administrative costs of a State

6 under this subsection shall be determined in accord7 ance with section 120(b).

8 ‘‘(g) USES NOT PERMITTED.—A State may not obli9 gate funds apportioned under this section for—

10 ‘‘(1) condemnation of any kind of interest in

11 property;

12 ‘‘(2) construction of any recreational trail on

13 National Forest System land for any motorized use

14 unless—

15 ‘‘(A) the land has been apportioned for

16 uses other than wilderness by an approved for17 est land and resource management plan or has

18 been released to uses other than wilderness by

19 an Act of Congress; and

20 ‘‘(B) the construction is otherwise consist21 ent with the management direction in the ap22 proved forest land and resource management

23 plan;
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1 ‘‘(3) construction of any recreational trail on

2 Bureau of Land Management land for any motor3 ized use unless the land—

4 ‘‘(A) has been apportioned for uses other

5 than wilderness by an approved Bureau of

6 Land Management resource management plan

7 or has been released to other uses other than

8 wilderness by an Act of Congress; and

9 ‘‘(B) the construction is otherwise consist10 ent with the management direction in the ap11 proved management plan; or

12 ‘‘(4) upgrading, expanding, or otherwise facili13 tating motorized use or access to trails predomi14 nantly used by nonmotorized trail users and on

15 which, as of May 1, 1991, motorized use is prohib16 ited or has not occurred.

17 ‘‘(h) PROJECT ADMINISTRATION.—

18 ‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MA19 TERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—

20 ‘‘(A) IN GENERAL.—Nothing in this title

21 or other law shall prevent a project sponsor

22 from offering to donate funds, materials, serv23 ices, or a new right-of-way for the purposes of

24 a project eligible for assistance under this sec25 tion. Any funds, or the fair market value of any
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1 materials, services, or new right-of-way, may be

2 donated by any project sponsor and shall be

3 credited to the non-Federal share in accordance

4 with subsection (f).

5 ‘‘(B) FEDERAL PROJECT SPONSORS.—Any

6 funds or the fair market value of any materials

7 or services may be provided by a Federal

8 project sponsor and shall be credited to the

9 Federal agency’s share in accordance with sub10 section (f).

11 ‘‘(2) RECREATIONAL PURPOSE.—A project

12 funded under this section is intended to enhance rec13 reational opportunity and is not subject to section

14 138 of this title or section 303 of title 49.

15 ‘‘(3) CONTINUING RECREATIONAL USE.—At the

16 option of each State, funds made available under

17 this section may be treated as Land and Water Con18 servation Fund apportionments for the purposes of

19 section 6(f)(3) of the Land and Water Conservation

20 Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)).

21 ‘‘(4) COOPERATION BY PRIVATE PERSONS.—

22 ‘‘(A) WRITTEN ASSURANCES.—As a condi23 tion of making available apportionments for

24 work on recreational trails that would affect

25 privately owned land, a State shall obtain writ-
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1 ten assurances that the owner of the property

2 land will cooperate with the State and partici3 pate as necessary in the activities to be con4 ducted.

5 ‘‘(B) PUBLIC ACCESS.—Any use of the ap6 portionments to a State under this section on

7 privately owned land must be accompanied by

8 an easement or other legally binding agreement

9 that ensures public access to the recreational

10 trail improvements funded by the apportion11 ments.

12 ‘‘(i) APPORTIONMENT.—

13 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this

14 subsection, the term ‘eligible State’ means a State

15 that meets the requirements of subsection (c).

16 ‘‘(2) APPORTIONMENT.—Subject to subsection

17 (j), for each fiscal year, the Secretary shall appor18 tion—

19 ‘‘(A) 50 percent of the amounts made

20 available to carry out this section equally

21 among eligible States; and

22 ‘‘(B) 50 percent of the amounts made

23 available to carry out this section among eligi24 ble States in proportion to the quantity of non-
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1 highway recreational fuel used in each eligible

2 State during the preceding year.

3 ‘‘(j) ADMINISTRATIVE COSTS.—

4 ‘‘(1) IN GENERAL.—Whenever an apportion5 ment is made under subsection (i) of the amounts

6 made available to carry out this section, the Sec7 retary shall first deduct an amount, not to exceed 1

8 percent of the authorized amounts, to pay the costs

9 to the Secretary for administration of, and research

10 authorized under, the program.

11 ‘‘(2) USE OF CONTRACTS.—To carry out re12 search funded under paragraph (1), the Secretary

13 may—

14 ‘‘(A) enter into contracts with for-profit

15 organizations; and

16 ‘‘(B) enter into contracts, partnerships, or

17 cooperative agreements with other government

18 agencies, institutions of higher learning, or non19 profit organizations.

20 ‘‘(k) AUTHORIZATION OF CONTRACT AUTHORITY.—

21 ‘‘(1) IN GENERAL.—There shall be available

22 from the Highway Trust Fund (other than the Mass

23 Transit Account) to carry out this section

24 $17,000,000 for fiscal year 1998, $20,000,000 for

25 fiscal year 1999, $22,000,000 for fiscal year 2000,
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1 $23,000,000 for fiscal year 2001, $24,000,000 for

2 fiscal year 2002, and $25,000,000 for fiscal year

3 2003.

4 ‘‘(2) CONTRACT AUTHORITY.—Funds author5 ized under this subsection shall be available for obli6 gation in the same manner as if the funds were ap7 portioned under chapter 1, except that the Federal

8 share of the cost of a project under this section shall

9 be determined in accordance with this section.’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) The Intermodal Surface Transportation Ef12 ficiency Act of 1991 is amended by striking part B

13 of title I (16 U.S.C. 1261 et seq.).

14 (2) The analysis for chapter 2 of title 23, Unit15 ed States Code, is amended by striking the item re16 lating to section 206 and inserting the following:

‘‘206. Recreational trails program.’’.

17 SEC. 1108. VALUE PRICING PILOT PROGRAM.

18 (a) IN GENERAL.—Section 1012(b) of the Intermodal

19 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

20 149 note; 105 Stat. 1938) is amended—

21 (1) in the subsection heading, by striking

22 ‘‘CONGESTION’’ and inserting ‘‘VALUE’’; and

23 (2) in paragraph (1), by striking ‘‘congestion’’

24 each place it appears and inserting ‘‘value’’.
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1 (b) INCREASED NUMBER OF PROJECTS.—Section

2 1012(b)(1) of the Intermodal Surface Transportation Ef3 ficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

4 is amended in the second sentence by striking ‘‘5’’ and

5 inserting ‘‘15’’.

6 (c) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—

7 Section 1012(b)(2) of the Intermodal Surface Transpor8 tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105

9 Stat. 1938) is amended in the second sentence—

10 (1) by inserting after ‘‘Secretary shall fund’’

11 the following: ‘‘all preimplementation costs and

12 project design, and’’; and

13 (2) by inserting after ‘‘Secretary may not fund’’

14 the following: ‘‘the implementation costs of’’.

15 (d) TOLLING.—Section 1012(b)(4) of the Intermodal

16 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

17 149 note; 105 Stat. 1938) is amended by striking ‘‘a pilot

18 program under this section, but not on more than 3 of

19 such programs’’ and inserting ‘‘any value pricing pilot pro20 gram under this subsection’’.

21 (e) HOV PASSENGER REQUIREMENTS.—Section

22 1012(b) of the Intermodal Surface Transportation Effi23 ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

24 is amended by striking paragraph (6) and inserting the

25 following:
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•S 1173 RS

1 ‘‘(6) HOV PASSENGER REQUIREMENTS.—Not2 withstanding section 102 146(c) of title 23, United

3 States Code, a State may permit vehicles with fewer

4 than 2 occupants to operate in high occupancy vehi5 cle lanes if the vehicles are part of a value pricing

6 pilot program under this subsection.’’.

7 (f) FUNDING.—Section 1012(b) of the Intermodal

8 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

9 149 note; 105 Stat. 1938) is amended by adding at the

10 end the following:

11 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR12 ITY.—

13 ‘‘(A) IN GENERAL.—There shall be avail14 able from the Highway Trust Fund (other than

15 the Mass Transit Account) to carry out this

16 subsection $8,000,000 for each of fiscal years

17 1998 through 2003.

18 ‘‘(B) AVAILABILITY.—

19 ‘‘(i) IN GENERAL.—Funds allocated

20 by the Secretary to a State under this sub21 section shall remain available for obligation

22 by the State for a period of 3 years after

23 the last day of the fiscal year for which the

24 funds are authorized.
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1 ‘‘(ii) USE OF UNALLOCATED

2 FUNDS.—If the total amount of funds

3 made available from the Highway Trust

4 Fund under this subsection but not allo5 cated exceeds $8,000,000 as of September

6 30 of any year, the excess amount—

7 ‘‘(I) shall be apportioned in the

8 following fiscal year by the Secretary

9 to all States in accordance with sec10 tion 104(b)(3) of title 23, United

11 States Code;

12 ‘‘(II) shall be considered to be a

13 sum made available for expenditure on

14 the surface transportation program,

15 except that the amount shall not be

16 subject to section 133(d) of that title;

17 and

18 ‘‘(III) shall be available for any

19 purpose eligible for funding under sec20 tion 133 of that title.

21 ‘‘(C) CONTRACT AUTHORITY.—Funds au22 thorized under this paragraph shall be available

23 for obligation in the same manner as if the

24 funds were apportioned under chapter 1 of title

25 23, United States Code, except that the Federal
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1 share of the cost of any project under this sub2 section and the availability of funds authorized

3 by this paragraph shall be determined in ac4 cordance with this subsection.’’.

5 (g) CONFORMING AMENDMENTS.—Section 1012(b)

6 of the Intermodal Surface Transportation Efficiency Act

7 of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amend8 ed—

9 (1) in paragraph (1), by striking ‘‘projects’’

10 each place it appears and inserting ‘‘programs’’; and

11 (2) in paragraph (5)—

12 (A) by striking ‘‘projects’’ and inserting

13 ‘‘programs’’; and

14 (B) by striking ‘‘traffic, volume’’ and in15 serting ‘‘traffic volume’’.

16 SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

17 (a) IN GENERAL.—Section 143 of title 23, United

18 States Code, is amended to read as follows:

19 ‘‘§ 143. Highway use tax evasion projects

20 ‘‘(a) DEFINITION OF STATE.—In this section, the

21 term ‘State’ means the 50 States and the District of Co22 lumbia.

23 ‘‘(b) PROJECTS.—

24 ‘‘(1) IN GENERAL.—The Secretary shall use

25 funds made available under paragraph (7) to carry
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1 out highway use tax evasion projects in accordance

2 with this subsection.

3 ‘‘(2) ALLOCATION OF FUNDS.—The funds may

4 be allocated to the Internal Revenue Service and the

5 States at the discretion of the Secretary.

6 ‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO IN7 TERNAL REVENUE SERVICE.—The Secretary shall

8 not impose any condition on the use of funds allo9 cated to the Internal Revenue Service under this

10 subsection.

11 ‘‘(4) LIMITATION ON USE OF FUNDS.—Funds

12 made available under paragraph (7) shall be used

13 only—

14 ‘‘(A) to expand efforts to enhance motor

15 fuel tax enforcement;

16 ‘‘(B) to fund additional Internal Revenue

17 Service staff, but only to carry out functions

18 described in this paragraph;

19 ‘‘(C) to supplement motor fuel tax exami20 nations and criminal investigations;

21 ‘‘(D) to develop automated data processing

22 tools to monitor motor fuel production and

23 sales;
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1 ‘‘(E) to evaluate and implement registra2 tion and reporting requirements for motor fuel

3 taxpayers;

4 ‘‘(F) to reimburse State expenses that sup5 plement existing fuel tax compliance efforts;

6 and

7 ‘‘(G) to analyze and implement programs

8 to reduce tax evasion associated with other

9 highway use taxes.

10 ‘‘(5) MAINTENANCE OF EFFORT.—The Sec11 retary may not make an allocation to a State under

12 this subsection for a fiscal year unless the State cer13 tifies that the aggregate expenditure of funds of the

14 State, exclusive of Federal funds, for motor fuel tax

15 enforcement activities will be maintained at a level

16 that does not fall below the average level of such ex17 penditure for the preceding 2 fiscal years of the

18 State.

19 ‘‘(6) FEDERAL SHARE.—The Federal share of

20 the cost of a project carried out under this sub21 section shall be 100 percent.

22 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR23 ITY.—

24 ‘‘(A) IN GENERAL.—There shall be avail25 able to the Secretary from the Highway Trust
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1 Fund (other than the Mass Transit Account) to

2 carry out this subsection $5,000,000 for each of

3 fiscal years 1998 through 2003.

4 ‘‘(B) AVAILABILITY OF FUNDS.—Funds

5 authorized under this paragraph shall remain

6 available for obligation for a period of 1 year

7 after the last day of the fiscal year for which

8 the funds are authorized.

9 ‘‘(c) EXCISE FUEL REPORTING SYSTEM.—

10 ‘‘(1) IN GENERAL.—Not later than April 1,

11 1998, the Secretary shall enter into a memorandum

12 of understanding with the Commissioner of the In13 ternal Revenue Service for the purposes of the devel14 opment and maintenance by the Internal Revenue

15 Service of an excise fuel reporting system (referred

16 to in this subsection as the ‘system’).

17 ‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER18 STANDING.—The memorandum of understanding

19 shall provide that—

20 ‘‘(A) the Internal Revenue Service shall de21 velop and maintain the system through con22 tracts;

23 ‘‘(B) the system shall be under the control

24 of the Internal Revenue Service; and
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1 ‘‘(C) the system shall be made available for

2 use by appropriate State and Federal revenue,

3 tax, or law enforcement authorities, subject to

4 section 6103 of the Internal Revenue Code of

5 1986.

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS

7 FROM HIGHWAY TRUST FUND.—There are author8 ized to be appropriated to the Secretary from the

9 Highway Trust Fund (other than the Mass Transit

10 Account) to carry out this subsection—

11 ‘‘(A) $8,000,000 for development of the

12 system; and

13 ‘‘(B) $2,000,000 for each of fiscal years

14 1998 through 2003 for operation and mainte15 nance of the system.’’.

16 (b) CONFORMING AMENDMENTS.—

17 (1) The analysis for chapter 1 of title 23, Unit18 ed States Code, is amended by striking the item re19 lating to section 143 and inserting the following:

‘‘143. Highway use tax evasion projects.’’.

20 (2) Section 1040 of the Intermodal Surface

21 Transportation Efficiency Act of 1991 (23 U.S.C.

22 101 note; 105 Stat. 1992) is repealed.

23 (3) Section 8002 of the Intermodal Surface

24 Transportation Efficiency Act of 1991 (23 U.S.C.

25 101 note; 105 Stat. 22043) is amended—
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1 (A) in the first sentence of subsection (g),

2 by striking ‘‘section 1040 of this Act’’ and in3 serting ‘‘section 143 of title 23, United States

4 Code,’’; and

5 (B) by striking subsection (h).

6 SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN

7 WALKWAYS.

8 Section 217 of title 23, United States Code, is

9 amended—

10 (1) in subsection (b)—

11 (A) by inserting ‘‘pedestrian walkways

12 and’’ after ‘‘construction of’’; and

13 (B) by striking ‘‘(other than the Interstate

14 System)’’;

15 (2) in subsection (e), by striking ‘‘, other than

16 a highway access to which is fully controlled,’’;

17 (3) by striking subsection (g) and inserting the

18 following:

19 ‘‘(g) PLANNING AND DESIGN.—

20 ‘‘(1) IN GENERAL.—Bicyclists and pedestrians

21 shall be given consideration in the comprehensive

22 transportation plans developed by each metropolitan

23 planning organization and State in accordance with

24 sections 134 and 135, respectively.
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1 ‘‘(2) CONSTRUCTION.—Bicycle transportation

2 facilities and pedestrian walkways shall be consid3 ered, where appropriate, in conjunction with all new

4 construction and reconstruction of transportation fa5 cilities, except where bicycle and pedestrian use are

6 not permitted.

7 ‘‘(3) SAFETY AND CONTIGUOUS ROUTES.—

8 Transportation plans and projects shall provide con9 sideration for safety and contiguous routes for

10 bicyclists and pedestrians.’’;

11 (4) in subsection (h)—

12 (A) by striking ‘‘No motorized vehicles

13 shall’’ and inserting ‘‘Motorized vehicles may

14 not’’; and

15 (B) by striking paragraph (3) and insert16 ing the following:

17 ‘‘(3) wheelchairs that are powered; and’’; and

18 (5) by striking subsection (j) and inserting the

19 following:

20 ‘‘(j) DEFINITIONS.—In this section:

21 ‘‘(1) BICYCLE TRANSPORTATION FACILITY.—

22 The term ‘bicycle transportation facility’ means a

23 new or improved lane, path, or shoulder for use by

24 bicyclists or a traffic control device, shelter, or park25 ing facility for bicycles.
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1 ‘‘(2) PEDESTRIAN.—The term ‘pedestrian’

2 means any person traveling by foot or any mobility

3 impaired person using a wheelchair.

4 ‘‘(3) WHEELCHAIR.—The term ‘wheelchair’

5 means a mobility aid, usable indoors, and designed

6 for and used by individuals with mobility impair7 ments, whether operated manually or powered.’’.

8 SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

9 (a) GENERAL RULE.—Except to the extent that the

10 Secretary determines otherwise, not less than 10 percent

11 of the amounts made available for any program under ti12 tles I and II of this Act shall be expended with small busi13 ness concerns owned and controlled by socially and eco14 nomically disadvantaged individuals.

15 (b) DEFINITIONS.—For purposes of this section, the

16 following definitions apply:

17 (1) SMALL BUSINESS CONCERN.—The term

18 ‘‘small business concern’’ has the meaning such term

19 has under section 3 of the Small Business Act (15

20 U.S.C. 632); except that such term shall not include

21 any concern or group of concerns controlled by the

22 same socially and economically disadvantaged indi23 vidual or individuals which has average annual gross

24 receipts over the preceding 3 fiscal years in excess
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1 of $16,600,000, as adjusted by the Secretary for in2 flation.

3 (2) SOCIALLY AND ECONOMICALLY DISADVAN4 TAGED INDIVIDUALS.—The term ‘‘socially and eco5 nomically disadvantaged individuals’’ has the mean6 ing such term has under section 8(d) of the Small

7 Business Act (15 U.S.C. 637(d)) and relevant sub8 contracting regulations promulgated pursuant there9 to; except that women shall be presumed to be so10 cially and economically disadvantaged individuals for

11 purposes of this section.

12 (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS

13 ENTERPRISES.—Each State shall annually survey and

14 compile a list of the small business concerns referred to

15 in paragraph (1) subsection (a) and the location of such

16 concerns in the State and notify the Secretary, in writing,

17 of the percentage of such concerns which are controlled

18 by women, by socially and economically disadvantaged in19 dividuals (other than women), and by individuals who are

20 women and are otherwise socially and economically dis21 advantaged individuals.

22 (d) UNIFORM CERTIFICATION.—The Secretary shall

23 establish minimum uniform criteria for State governments

24 to use in certifying whether a concern qualifies for pur25 poses of this section. Such minimum uniform criteria shall
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1 include but not be limited to on-site visits, personal inter2 views, licenses, analysis of stock ownership, listing of

3 equipment, analysis of bonding capacity, listing of work

4 completed, resume of principal owners, financial capacity,

5 and type of work preferred.

6 SEC. 1112. FEDERAL SHARE PAYABLE.

7 Section 120 of title 23, United States Code (as

8 amended by section 1106(a)), is amended—

9 (1) in each of subsections (a) and (b), by add10 ing at the end the following: ‘‘In the case of any

11 project subject to this subsection, a State may deter12 mine a lower Federal share than the Federal share

13 determined under the preceding sentences of this

14 subsection.’’; and

15 (2) by adding at the end the following:

16 ‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—

17 ‘‘(1) ELIGIBILITY.—A State may use as a cred18 it toward the non-Federal share requirement for any

19 program under the Intermodal Surface Transpor20 tation Efficiency Act of 1991 (Public Law 102–240)

21 or this title, other than the emergency relief pro22 gram authorized by section 125, toll revenues that

23 are generated and used by public, quasi-public, and

24 private agencies to build, improve, or maintain, with25 out the use of Federal funds, highways, bridges, or
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1 tunnels that serve the public purpose of interstate

2 commerce.

3 ‘‘(2) MAINTENANCE OF EFFORT.—

4 ‘‘(A) IN GENERAL.—The credit toward any

5 non-Federal share under paragraph (1) shall

6 not reduce nor replace State funds required to

7 match Federal funds for any program under

8 this title.

9 ‘‘(B) CONDITIONS ON RECEIPT OF CRED10 IT.—

11 ‘‘(i) AGREEMENT WITH THE SEC12 RETARY.—To receive a credit under para13 graph (1) for a fiscal year, a State shall

14 enter into such agreements as the Sec15 retary may require to ensure that the

16 State will maintain its non-Federal trans17 portation capital expenditures at or above

18 the average level of such expenditures for

19 the preceding 3 fiscal years.

20 ‘‘(ii) EXCEPTION.—Notwithstanding

21 clause (i), a State may receive a credit

22 under paragraph (1) for a fiscal year if,

23 for any 1 of the preceding 3 fiscal years,

24 the non-Federal transportation capital ex25 penditures of the State were at a level that
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1 was greater than 25 30 percent of the av2 erage level of such expenditures for the

3 other 2 of the preceding 3 fiscal years.

4 ‘‘(3) TREATMENT.—

5 ‘‘(A) IN GENERAL.—Use of the credit to6 ward a non-Federal share under paragraph (1)

7 shall not expose the agencies from which the

8 credit is received to additional liability, addi9 tional regulation, or additional administrative

10 oversight.

11 ‘‘(B) CHARTERED MULTISTATE AGEN12 CIES.—When credit is applied from a chartered

13 multistate agency under paragraph (1), the

14 credit shall be applied equally to all charter

15 States.

16 ‘‘(C) NO ADDITIONAL STANDARDS.—The A

17 public, quasi-public, and or private agencies

18 agency from which the credit for which the non19 Federal share is calculated under paragraph (1)

20 shall not be subject to any additional Federal

21 design standards or laws (including regulations)

22 as a result of providing the credit beyond the

23 standards and laws to which the agency is al24 ready subject.’’.
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1 SEC. 1113. STUDIES AND REPORTS.

2 (a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—

3 (1) METHODOLOGY.—

4 (A) EVALUATION.—The Comptroller Gen5 eral of the United States shall conduct an eval6 uation of the methodology used by the Depart7 ment of Transportation to determine highway

8 needs using the highway economic requirement

9 system (referred to in this subsection as the

10 ‘‘model’’).

11 (B) REQUIRED ELEMENT.—The evaluation

12 shall include an assessment of the extent to

13 which the model estimates an optimal level of

14 highway infrastructure investment, including an

15 assessment as to when the model may be over16 estimating or underestimating investment re17 quirements.

18 (C) REPORT TO CONGRESS.—Not later

19 than 2 years after the date of enactment of this

20 Act, the Comptroller General shall submit a re21 port to Congress on the results of the evalua22 tion.

23 (2) STATE INVESTMENT PLANS.—

24 (A) STUDY.—In consultation with State

25 transportation departments and other appro26 priate State and local officials, the Comptroller
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1 General of the United States shall conduct a

2 study on the extent to which the highway eco3 nomic requirement system of the Federal High4 way Administration can be used to provide

5 States with useful information for developing

6 State transportation investment plans and

7 State infrastructure investment projections.

8 (B) REQUIRED ELEMENTS.—The study

9 shall—

10 (i) identify any additional data that

11 may need to be collected beyond the data

12 submitted, prior to the date of enactment

13 of this Act, to the Federal Highway Ad14 ministration through the highway perform15 ance monitoring system; and

16 (ii) identify what additional work, if

17 any, would be required of the Federal

18 Highway Administration and the States to

19 make the model useful at the State level.

20 (C) REPORT TO CONGRESS.—Not later

21 than 3 years after the date of enactment of this

22 Act, the Comptroller General shall submit a re23 port to Congress on the results of the study.

24 (b) INTERNATIONAL ROUGHNESS INDEX.—
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1 (1) STUDY.—The Comptroller General of the

2 United States shall submit a report to Congress on

3 conduct a study on the international roughness index

4 that is used as an indicator of pavement quality on

5 the Federal-aid highway system.

6 (2) REQUIRED ELEMENTS.—The study shall

7 specify the extent of usage of the index and the ex8 tent to which the international roughness index

9 measurement is reliable across different manufactur10 ers and types of pavement.

11 (3) REPORT TO CONGRESS.—Not later than 2

12 years after the date of enactment of this Act, the

13 Comptroller General shall submit a report to Con14 gress on the results of the study.

15 (c) REPORTING OF RATES OF OBLIGATION.—Section

16 104 of title 23, United States Code, is amended—

17 (1) by redesignating subsection (j) as sub18 section (m); and

19 (2) by inserting after subsection (i) the follow20 ing:

21 ‘‘(j) REPORTING OF RATES OF OBLIGATION.—On an

22 annual basis, the Secretary shall publish or otherwise re23 port rates of obligation of funds apportioned or set aside

24 under this section and sections 103 and 133 according

25 to—
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1 ‘‘(1) program;

2 ‘‘(2) funding category or subcategory;

3 ‘‘(3) type of improvement;

4 ‘‘(4) State; and

5 ‘‘(5) sub-State geographic area, including ur6 banized and rural areas, on the basis of the popu7 lation of each such area.’’.

8 SEC. 1114. DEFINITIONS.

9 (a) FEDERAL-AID HIGHWAY FUNDS AND PRO10 GRAM.—

11 (1) IN GENERAL.—Section 101(a) of title 23,

12 United States Code, is amended by inserting before

13 the undesignated paragraph defining ‘‘Federal-aid

14 highways’’ the following:

15 ‘‘The term ‘Federal-aid highway funds’ means funds

16 made available to carry out the Federal-aid highway pro17 gram.

18 ‘‘The term ‘Federal-aid highway program’ means all

19 programs authorized under chapters 1, 3, and 5.’’.

20 (2) CONFORMING AMENDMENTS.—

21 (A) Section 101(d) of title 23, United

22 States Code, is amended by striking ‘‘the con23 struction of Federal-aid highways or highway

24 planning, research, or development’’ and insert25 ing ‘‘the Federal-aid highway program’’.
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1 (B) Section 104(m)(1) of title 23, United

2 States Code (as redesignated by section

3 1113(c)(1)), is amended by striking ‘‘Federal4 aid highways and the highway safety construc5 tion programs’’ and inserting ‘‘the Federal-aid

6 highway program’’.

7 (C) Section 107(b) of title 23, United

8 States Code, is amended in the second sentence

9 by striking ‘‘Federal-aid highways’’ and insert10 ing ‘‘the Federal-aid highway program’’.

11 (b) ALPHABETIZATION OF DEFINITIONS.—Section

12 101(a) of title 23, United States Code, is amended by re13 ordering the undesignated paragraphs so that they are in

14 alphabetical order.

15 SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPOR16 TATION PROGRAM.

17 (a) IN GENERAL.—Chapter 2 of title 23, United

18 States Code (as amended by section 1107(a)), is amended

19 by inserting after section 206 the following:

20 ‘‘§ 207. Cooperative Federal Lands Transportation

21 Program

22 ‘‘(a) IN GENERAL.—There is established the Cooper23 ative Federal Lands Transportation Program (referred to

24 in this section as the ‘program’). Funds available for the

25 program may be used for projects, or portions of projects,
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1 on highways that are owned or maintained by States or

2 political subdivisions of States and that cross, are adjacent

3 to, or lead to federally owned land or Indian reservations

4 (including Army Corps of Engineers reservoirs), as deter5 mined by the State. Such projects shall be proposed by

6 a State and selected by the Secretary. A project proposed

7 by a State under this section shall be on a highway or

8 bridge owned or maintained by the State, or 1 or more

9 political subdivisions of the State, and may be a highway

10 or bridge construction or maintenance project eligible

11 under this title or any project of a type described in sec12 tion 204(h).

13 ‘‘(b) DISTRIBUTION OF FUNDS FOR PROJECTS.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) IN GENERAL.—The Secretary—

16 ‘‘(i) after consultation with the Ad17 ministrator of General Services, the Sec18 retary of the Interior, and other agencies

19 as appropriate (including the Army Corps

20 of Engineers), shall determine the percent21 age of the total land in each State that is

22 owned by the Federal Government or that

23 is held by the Federal Government in

24 trust;
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1 ‘‘(ii) shall determine the sum of the

2 percentages determined under clause (i)

3 for States with respect to which the per4 centage is 4.5 or greater; and

5 ‘‘(iii) shall determine for each State

6 included in the determination under clause

7 (ii) the percentage obtained by dividing—

8 ‘‘(I) the percentage for the State

9 determined under clause (i); by

10 ‘‘(II) the sum determined under

11 clause (ii).

12 ‘‘(B) ADJUSTMENT.—The Secretary

13 shall—

14 ‘‘(i) reduce any percentage determined

15 under subparagraph (A)(iii) that is greater

16 than 7.5 percent to 7.5 percent; and

17 ‘‘(ii) redistribute the percentage

18 points equal to any reduction under clause

19 (i) among other States included in the de20 termination under subparagraph (A)(ii) in

21 proportion to the percentages for those

22 States determined under subparagraph

23 (A)(iii).

24 ‘‘(2) AVAILABILITY TO STATES.—Except as

25 provided in paragraph (3), for each fiscal year, the
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1 Secretary shall make funds available to carry out eli2 gible projects in a State in an amount equal to the

3 amount obtained by multiplying—

4 ‘‘(A) the percentage for the State, if any,

5 determined under paragraph (1); by

6 ‘‘(B) the funds made available for the pro7 gram for the fiscal year.

8 ‘‘(3) SELECTION OF PROJECTS.—The Secretary

9 may establish deadlines for States to submit pro10 posed projects for funding under this section, except

11 that in the case of fiscal year 1998 the deadline may

12 not be earlier than January 1, 1998. For each fiscal

13 year, if a State does not have pending, by that dead14 line, applications for projects with an estimated cost

15 equal to at least 3 times the amount for the State

16 determined under paragraph (2), the Secretary may

17 distribute, to 1 or more other States, at the Secretary’s discretion, 1 18 ⁄3 of the amount by which the

19 estimated cost of the State’s applications is less than

20 3 times the amount for the State determined under

21 paragraph (2).

22 ‘‘(c) TRANSFERS.—

23 ‘‘(1) IN GENERAL.—Notwithstanding any other

24 provision of law, a State and the Secretary may

25 agree to transfer amounts made available to a State
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1 under this section to the allocations of the State

2 under section 202 for use in carrying out projects

3 on any Federal lands highway that is located in the

4 State.

5 ‘‘(2) SPECIAL RULE.—This paragraph applies

6 to a State that contains a national park that was

7 visited by more than 2,500,000 people in 1996 and

8 comprises more than 3,000 square miles of land

9 area, including surface water, that is located in the

10 State. For such a State, 50 percent of the amount

11 that would otherwise be made available to the State

12 for each fiscal year under the program shall be made

13 available only for eligible highway uses in the na14 tional park and within the borders of the State. For

15 the purpose of making allocations under section

16 202(c), the Secretary may not take into account the

17 past or future availability, for use on park roads and

18 parkways in a national park, of funds made avail19 able for use in a national park by this paragraph.

20 ‘‘(d) RIGHTS-OF-WAY ACROSS FEDERAL LAND.—

21 Nothing in this section affects any claim for a right-of22 way across Federal land.

23 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

24 ‘‘(1) IN GENERAL.—There shall be available

25 from the Highway Trust Fund (other than the Mass
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1 Transit Account) to carry out this section

2 $74,000,000 for each of fiscal years 1998 through

3 2003.

4 ‘‘(2) CONTRACT AUTHORITY.—Funds author5 ized under this subsection shall be made available

6 for obligation in the same manner as if the funds

7 were apportioned under chapter 1.’’.

8 (b) CONFORMING AMENDMENT.—The analysis for

9 chapter 2 of title 23, United States Code, is amended by

10 striking the item relating to section 207 and inserting the

11 following:

‘‘207. Cooperative Federal Lands Transportation Program.’’.

12 SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING

13 PLANNING AND BORDER INFRASTRUCTURE.

14 (a) DEFINITIONS.—In this section:

15 (1) BORDER REGION.—The term ‘‘border re16 gion’’ means—

17 (A) the region located within 60 miles of

18 the United States border with Mexico; and

19 (B) the region located within 60 miles of

20 the United States border with Canada.

21 (2) BORDER STATE.—The term ‘‘border State’’

22 means a State of the United States that—

23 (A) is located along the border with Mex24 ico; or
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1 (B) is located along the border with Can2 ada.

3 (3) BORDER STATION.—The term ‘‘border sta4 tion’’ means a controlled port of entry into the Unit5 ed States located in the United States at the border

6 with Mexico or Canada, consisting of land occupied

7 by the station and the buildings, roadways, and

8 parking lots on the land.

9 (4) FEDERAL INSPECTION AGENCY.—The term

10 ‘‘Federal inspection agency’’ means a Federal agen11 cy responsible for the enforcement of immigration

12 laws (including regulations), customs laws (including

13 regulations), and agriculture import restrictions, in14 cluding the United States Customs Service, the Im15 migration and Naturalization Service, the Animal

16 and Plant Health Inspection Service, the Food and

17 Drug Administration, the United States Fish and

18 Wildlife Service, and the Department of State.

19 (5) GATEWAY.—The term ‘‘gateway’’ means a

20 grouping of border stations defined by proximity and

21 similarity of trade.

22 (6) NON-FEDERAL GOVERNMENTAL JURISDIC23 TION.—The term ‘‘non-Federal governmental juris24 diction’’ means a regional, State, or local authority
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1 involved in the planning, development, provision, or

2 funding of transportation infrastructure needs.

3 (b) BORDER CROSSING PLANNING INCENTIVE

4 GRANTS.—

5 (1) IN GENERAL.—The Secretary shall make in6 centive grants to States and to metropolitan plan7 ning organizations designated under section 134 of

8 title 23, United States Code.

9 (2) USE OF GRANTS.—The grants shall be used

10 to encourage joint transportation planning activities

11 and to improve people and vehicle movement into

12 and through international gateways as a supplement

13 to statewide and metropolitan transportation plan14 ning funding made available under other provisions

15 of this Act and under title 23, United States Code.

16 (3) CONDITION OF GRANTS.—As a condition of

17 receiving a grant under paragraph (1), a State

18 transportation department or a metropolitan plan19 ning organization shall certify to the Secretary that

20 it commits to be engaged in joint planning with its

21 counterpart agency in Mexico or Canada.

22 (4) LIMITATION ON AMOUNT.—Each State

23 transportation department or metropolitan planning

24 organization may receive not more than $100,000

25 under this subsection for any fiscal year.
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1 (5) AUTHORIZATION OF CONTRACT AUTHOR2 ITY.—

3 (A) IN GENERAL.—There shall be available

4 from the Highway Trust Fund (other than the

5 Mass Transit Account) to carry out this sub6 section $1,400,000 for each of fiscal years 1998

7 through 2003.

8 (B) CONTRACT AUTHORITY.—Funds au9 thorized under this subsection shall be available

10 for obligation in the same manner as if the

11 funds were apportioned under chapter 1 of title

12 23, United States Code, except that the Federal

13 share of the cost of a project under this sub14 section shall be determined in accordance with

15 subsection (f).

16 (c) TRADE CORRIDOR PLANNING INCENTIVE

17 GRANTS.—

18 (1) GRANTS.—

19 (A) IN GENERAL.—The Secretary shall

20 make grants to States to encourage, within the

21 framework of the statewide transportation plan22 ning process of the State under section 135 of

23 title 23, United States Code, cooperative

24 multistate corridor analysis of, and planning

25 for, the safe and efficient movement of goods
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1 along and within international or interstate

2 trade corridors of national importance.

3 (B) IDENTIFICATION OF CORRIDORS.—

4 Each corridor referred to in subparagraph (A)

5 shall be cooperatively identified by the States

6 along the corridor.

7 (2) CORRIDOR PLANS.—

8 (A) IN GENERAL.—As a condition of re9 ceiving a grant under paragraph (1), a State

10 shall enter into an agreement with the Sec11 retary that specifies that, in cooperation with

12 the other States along the corridor, the State

13 will submit a plan for corridor improvements to

14 the Secretary not later than 2 years after re15 ceipt of the grant.

16 (B) COORDINATION OF PLANNING.—Plan17 ning with respect to a corridor under this sub18 section shall be coordinated with transportation

19 planning being carried out by the States and

20 metropolitan planning organizations along the

21 corridor and, to the extent appropriate, with

22 transportation planning being carried out by

23 Federal land management agencies, by tribal

24 governments, or by government agencies in

25 Mexico or Canada.
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1 (3) MULTISTATE AGREEMENTS FOR TRADE

2 CORRIDOR PLANNING.—The consent of Congress is

3 granted to any 2 or more States—

4 (A) to enter into multistate agreements,

5 not in conflict with any law of the United

6 States, for cooperative efforts and mutual as7 sistance in support of interstate trade corridor

8 planning activities; and

9 (B) to establish such agencies, joint or oth10 erwise, as the States may determine desirable

11 to make the agreements effective.

12 (4) AUTHORIZATION OF CONTRACT AUTHOR13 ITY.—

14 (A) IN GENERAL.—There shall be available

15 from the Highway Trust Fund (other than the

16 Mass Transit Account) to carry out this sub17 section $3,000,000 for each of fiscal years 1998

18 through 2003.

19 (B) CONTRACT AUTHORITY.—Funds au20 thorized under this subsection shall be available

21 for obligation in the same manner as if the

22 funds were apportioned under chapter 1 of title

23 23, United States Code, except that the Federal

24 share of the cost of a project under this sub-
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1 section shall be determined in accordance with

2 subsection (f).

3 (d) FEDERAL ASSISTANCE FOR TRADE CORRIDORS

4 AND BORDER INFRASTRUCTURE SAFETY AND CONGES5 TION RELIEF.—

6 (1) APPLICATIONS FOR GRANTS.—The Sec7 retary shall make grants to States or metropolitan

8 planning organizations that submit an application

9 that—

10 (A) demonstrates need for assistance in

11 carrying out transportation projects that are

12 necessary to relieve traffic congestion or im13 prove enforcement of motor carrier safety laws;

14 and

15 (B) includes strategies to involve both the

16 public and private sectors in the proposed

17 project.

18 (2) SELECTION OF STATES, METROPOLITAN

19 PLANNING ORGANIZATIONS, AND PROJECTS TO RE20 CEIVE GRANTS.—In selecting States, metropolitan

21 planning organizations, and projects to receive

22 grants under this subsection, the Secretary shall

23 consider—

24 (A) the annual volume of commercial vehi25 cle traffic at the border stations or ports of
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1 entry of each State as compared to the annual

2 volume of commercial vehicle traffic at the bor3 der stations or ports of entry of all States;

4 (B) the extent to which commercial vehicle

5 traffic in each State has grown since the date

6 of enactment of the North American Free

7 Trade Agreement Implementation Act (Public

8 Law 103–182) as compared to the extent to

9 which that traffic has grown in each other

10 State;

11 (C) the extent of border transportation im12 provements carried out by each State since the

13 date of enactment of that Act;

14 (D) the reduction in commercial and other

15 travel time through a major international gate16 way expected as a result of the project;

17 (E) the extent of leveraging of Federal

18 funds provided under this subsection, includ19 ing—

20 (i) use of innovative financing;

21 (ii) combination with funding provided

22 under other sections of this Act and title

23 23, United States Code; and

24 (iii) combination with other sources of

25 Federal, State, local, or private funding;
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1 (F) improvements in vehicle and highway

2 safety and cargo security in and through the

3 gateway concerned;

4 (G) the degree of demonstrated coordina5 tion with Federal inspection agencies; and

6 (H) the extent to which the innovative and

7 problem solving techniques of the proposed

8 project would be applicable to other border sta9 tions or ports of entry;

10 (I) demonstrated local commitment to im11 plement and sustain continuing comprehensive

12 border planning processes and improvement

13 programs; and

14 (J) other factors to promote transport effi15 ciency and safety, as determined by the Sec16 retary.

17 (3) USE OF GRANTS.—

18 (A) IN GENERAL.—A grant under this sub19 section shall be used to develop project plans,

20 and implement coordinated and comprehensive

21 programs of projects, to improve efficiency and

22 safety.

23 (B) TYPE OF PLANS AND PROGRAMS.—

24 The plans and programs may include—
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1 (i) improvements to transport and

2 supporting infrastructure;

3 (ii) improvements in operational strat4 egies, including electronic data interchange

5 and use of telecommunications to expedite

6 vehicle and cargo movement;

7 (iii) modifications to regulatory proce8 dures to expedite vehicle and cargo flow;

9 (iv) new infrastructure construction;

10 (v) purchase, installation, and mainte11 nance of weigh-in-motion devices and asso12 ciated electronic equipment in Mexico or

13 Canada if real time data from the devices

14 is provided to the nearest border station

15 and to State commercial vehicle enforce16 ment facilities that serve the border sta17 tion; and

18 (vi) other institutional improvements,

19 such as coordination of binational plan20 ning, programming, and border operation,

21 with special emphasis on coordination

22 with—

23 (I) Federal inspection agencies;

24 and
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1 (II) their counterpart agencies in

2 Mexico and Canada.

3 (4) CONSTRUCTION OF TRANSPORTATION IN4 FRASTRUCTURE FOR LAW ENFORCEMENT PUR5 POSES.—At the request of the Administrator of Gen6 eral Services, in consultation with the Attorney Gen7 eral, the Secretary may transfer, during the period

8 of fiscal years 1998 through 2001, not more than

9 $10,000,000 of the amounts made available under

10 paragraph (5) to the Administrator of General Serv11 ices for the construction of transportation infra12 structure necessary for law enforcement in border

13 States.

14 (5) AUTHORIZATION OF APPROPRIATIONS.—

15 There is authorized to be appropriated to carry out

16 this subsection $125,000,000 for each of fiscal years

17 1998 through 2003.

18 (e) COORDINATION OF PLANNING.—

19 (1) PLANNING AND DEVELOPMENT OF BORDER

20 STATIONS.—The General Services Administration

21 shall be the coordinating Federal agency in the plan22 ning and development of new or expanded border

23 stations.

24 (2) COOPERATIVE ACTIVITIES.—In carrying out

25 paragraph (1), the Administrator of General Serv-
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1 ices shall cooperate with Federal inspection agencies

2 and non-Federal governmental jurisdictions to en3 sure that—

4 (A) improvements to border station facili5 ties take into account regional and local condi6 tions, including the alignment of highway sys7 tems and connecting roadways; and

8 (B) all facility requirements, associated

9 costs, and economic impacts are identified.

10 (f) COST SHARING.—A grant under this section shall

11 be used to pay the Federal share of the cost of a project.

12 The Federal share shall not exceed 80 percent.

13 (g) USE OF UNALLOCATED FUNDS.—If the total

14 amount of funds made available from the Highway Trust

15 Fund under this section but not allocated exceeds

16 $4,000,000 as of September 30 of any year, the excess

17 amount—

18 (1) shall be apportioned in the following fiscal

19 year by the Secretary to all States in accordance

20 with section 104(b)(3) of title 23, United States

21 Code;

22 (2) shall be considered to be a sum made avail23 able for expenditure on the surface transportation

24 program, except that the amount shall not be sub25 ject to section 133(d) of that title; and
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1 (3) shall be available for any purpose eligible

2 for funding under section 133 of that title.

3 SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYS4 TEM.

5 (a) AVAILABILITY, RELEASE, AND REALLOCATION OF

6 FUNDS.—Section 201(a) of the Appalachian Regional De7 velopment Act of 1965 (40 U.S.C. App.) is amended—

8 (1) in the second sentence, by inserting before

9 the period at the end the following: ‘‘, except that

10 each allocation to a State shall remain available for

11 expenditure in the State for the fiscal year in which

12 the allocation is allocated and for the 3 following fis13 cal years’’; and

14 (2) by inserting after the second sentence the

15 following: ‘‘Funds authorized under this section for

16 fiscal year 1998 or a fiscal year thereafter, and not

17 expended by a State during the 4 fiscal years re18 ferred to in the preceding sentence, shall be released

19 to the Commission for reallocation and shall remain

20 available until expended.’’.

21 (b) SUBSTITUTE CORRIDOR.—Section 201(b) of the

22 Appalachian Regional Development Act of 1965 (40

23 U.S.C. App.) is amended—

24 (1) by redesignating paragraphs (1) through

25 (4) as subparagraphs (A) through (D), respectively;
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1 (2) by striking ‘‘(b) The Commission’’ and in2 serting the following:

3 ‘‘(b) DESIGNATIONS.—

4 ‘‘(1) IN GENERAL.—The Commission’’; and

5 (3) by adding at the end the following:

6 ‘‘(2) SUBSTITUTE CORRIDOR.—In lieu of Cor7 ridor H in Virginia, the Appalachian development

8 highway system shall include the Virginia portion of

9 the segment identified in section 332(a)(29)

10 1105(c)(29) of the National Highway System Des11 ignation Act of 1995 (Public Law 104–59; Inter12 modal Surface Transportation Efficiency Act of 1991

13 (109 Stat. 597).’’.

14 (c) FEDERAL SHARE FOR PREFINANCED

15 PROJECTS.—Section 201(h)(1) of the Appalachian Re16 gional Development Act of 1965 (40 U.S.C. App.) is

17 amended by striking ‘‘70 per centum’’ and inserting ‘‘80

18 percent’’.

19 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

20 Section 201(g) of the Appalachian Regional Development

21 Act of 1965 (40 U.S.C. App.) is amended by striking sub22 section (g) and inserting the following:

23 ‘‘(g) AUTHORIZATION OF CONTRACT AUTHORITY.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) FISCAL YEARS 1998 THROUGH 2003.—

2 For the continued construction of the Appalach3 ian development highway system approved as of

4 September 30, 1996, in accordance with this

5 section, there shall be available from the High6 way Trust Fund (other than the Mass Transit

7 Account) $40,000,000 for each of fiscal years

8 1998 through 2000, $50,000,000 for fiscal year

9 2001, $60,000,000 for fiscal year 2002, and

10 $70,000,000 for fiscal year 2003.

11 ‘‘(B) OBLIGATION AUTHORITY.—The Sec12 retary shall provide equivalent amounts of obli13 gation authority for the funds authorized under

14 subparagraph (A).

15 ‘‘(2) CONTRACT AUTHORITY.—Funds author16 ized under this subsection shall be available for obli17 gation in the same manner as if the funds were ap18 portioned under chapter 1 of title 23, United States

19 Code, except that the Federal share shall be deter20 mined in accordance with this section and the funds

21 shall remain available in accordance with subsection

22 (a).’’.
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1 SEC. 1118. INTERSTATE 4R AND BRIDGE DISCRETIONARY

2 PROGRAM.

3 (a) IN GENERAL.—Section 104 of title 23, United

4 States Code (as amended by section 1113(c)(1)), is

5 amended by inserting after subsection (j) the following:

6 ‘‘(k) SET-ASIDE FOR INTERSTATE 4R AND BRIDGE

7 PROJECTS.—

8 ‘‘(1) IN GENERAL.—For each of fiscal years

9 1998 through 2003, before any apportionment is

10 made under subsection (b)(1), the Secretary shall

11 set aside $70,000,000 from amounts to be appor12 tioned under subsection (b)(1)(A), and $70,000,000

13 from amounts to be apportioned under subsection

14 (b)(1)(B), for allocation by the Secretary—

15 ‘‘(A) for projects for resurfacing, restoring,

16 rehabilitating, or reconstructing any route or

17 portion of a route on the Interstate System

18 (other than any highway designated as a part

19 of the Interstate System under section

20 103(c)(4) and any toll road on the Interstate

21 System that is not subject to an agreement

22 under section 119(e) (as in effect on December

23 17, 1991) or an agreement under section

24 129(a));
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1 ‘‘(B) for projects for a highway bridge the

2 replacement, or rehabilitation, or seismic retrofit

3 cost of which is more than $10,000,000; and

4 ‘‘(C) for projects for a highway bridge the

5 replacement, or rehabilitation, or seismic retrofit

6 cost of which is less than $10,000,000 if the

7 cost is at least twice the amount reserved under

8 section 144(c) by the State in which the bridge

9 is located for the fiscal year in which applica10 tion is made for a grant an allocation for the

11 bridge under this subsection.

12 ‘‘(2) REQUIRED ALLOCATION.—

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), for each of fiscal years 1998 through

15 2003, the Secretary shall allocate on October 1,

16 for use for highway bridge projects, at least

17 $20,000,000 of the amounts set aside under

18 paragraph (1) to any State that—

19 ‘‘(i) is apportioned for fiscal year 1998

20 under paragraphs (1)(B), (1)(C)(i)(III),

21 and (3)(A)(iii) of subsection (b) an amount

22 that is less than the amount apportioned to

23 the State for the highway bridge replace24 ment and rehabilitation program under sec25 tion 144 for fiscal year 1997; and
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1 ‘‘(ii) was apportioned for that program

2 for fiscal year 1997 an amount greater than

3 $125,000,000.

4 ‘‘(B) EXCEPTION.—A State that transferred

5 funds from the highway bridge replacement and

6 rehabilitation program during any of fiscal

7 years 1995 through 1997 in an amount greater

8 than 10 percent of the apportionments for that

9 program for the fiscal year shall not be eligible

10 for an allocation under subparagraph (A).

11 ‘‘(C) ADDITIONAL ALLOCATION.—An alloca12 tion to a State under subparagraph (A) shall be

13 in addition to any allocation to the State under

14 paragraph (1).

15 ‘‘(2) ‘‘(3) AVAILABILITY TO STATES OF INTER16 STATE 4R FUNDS.—The Secretary may grant the ap17 plication of a State for funds made available for a

18 fiscal year for a project described in paragraph

19 (1)(A) if the Secretary determines that—

20 ‘‘(A) the State has obligated or dem21 onstrates that it will obligate for the fiscal year

22 all of the apportionments to the State under

23 subparagraphs (A) and (B) of subsection (b)(1)

24 other than an amount that, by itself, is insuffi25 cient to pay the Federal share of the cost of a
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1 project described in paragraph (1)(A) that has

2 been submitted by the State to the Secretary

3 for approval; and

4 ‘‘(B) the State is willing and able to—

5 ‘‘(i) obligate the funds within 1 year

6 after the date on which the funds are made

7 available;

8 ‘‘(ii) apply the funds to a project that

9 is ready to be commenced; and

10 ‘‘(iii) in the case of construction work,

11 begin work within 90 days after the date

12 of obligation of the funds.

13 ‘‘(4) ELIGIBILITY OF CERTAIN BRIDGES.—

14 ‘‘(A) IN GENERAL.—Notwithstanding any

15 other provision of law, any bridge that is owned

16 and operated by an agency that does not have

17 taxing powers and whose functions include oper18 ating a federally assisted public transit system

19 subsidized by toll revenues shall be eligible for as20 sistance under this subsection.

21 ‘‘(B) LIMITATION.—The amount of assist22 ance under subparagraph (A) shall not exceed

23 the cumulative amount that the agency has ex24 pended for capital and operating costs to sub25 sidize the transit system.
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1 ‘‘(C) DETERMINATION BY THE SEC2 RETARY.—Before authorizing an expenditure of

3 funds under this paragraph, the Secretary shall

4 make a determination that the applicant agency

5 has insufficient reserves, surpluses, and projected

6 revenues (over and above those required for

7 bridge and transit capital and operating costs)

8 to fund the necessary bridge replacement, seismic

9 retrofitting, or rehabilitation project.

10 ‘‘(D) CREDITING OF NON-FEDERAL

11 FUNDS.—Any non-Federal funds expended for

12 the seismic retrofit of the bridge may be credited

13 toward the non-Federal share required as a con14 dition of receipt of any Federal funds for seismic

15 retrofit of the bridge made available after the

16 date of expenditure.

17 ‘‘(3) (5) PERIOD OF AVAILABILITY OF DISCRE18 TIONARY FUNDS.—Amounts made available under

19 this subsection shall remain available until ex20 pended.’’.

21 (b) CONFORMING AMENDMENT.—Section 118 of title

22 23, United States Code, is amended by striking subsection

23 (c).
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1 SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION

2 TECHNOLOGY DEPLOYMENT PROGRAM.

3 (a) IN GENERAL.—Chapter 3 of title 23, United

4 States Code, is amended by inserting after section 321 the

5 following:

6 ‘‘§ 322. Magnetic levitation transportation technology

7 deployment program

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli10 gible project costs’ means the capital cost of the

11 fixed guideway infrastructure of a MAGLEV project,

12 including land, piers, guideways, propulsion equip13 ment and other components attached to guideways,

14 power distribution facilities (including substations),

15 control and communications facilities, access roads,

16 and storage, repair, and maintenance facilities, but

17 not including costs incurred for a new station.

18 ‘‘(2) FULL PROJECT COSTS.—The term ‘full

19 project costs’ means the total capital costs of a

20 MAGLEV project, including eligible project costs

21 and the costs of stations, vehicles, and equipment.

22 ‘‘(3) MAGLEV.—The term ‘MAGLEV’ means

23 transportation systems employing magnetic levita24 tion that would be capable of safe use by the public

25 at a speed in excess of 240 miles per hour.
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1 ‘‘(4) PARTNERSHIP POTENTIAL.—The term

2 ‘partnership potential’ has the meaning given the

3 term in the commercial feasibility study of high4 speed ground transportation conducted under section

5 1036 of the Intermodal Surface Transportation Effi6 ciency Act of 1991 (Public Law 102–240; 105 Stat.

7 1978).

8 ‘‘(b) ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The Secretary shall make

10 available financial assistance to provide the Federal

11 share of full project costs of eligible projects selected

12 under this section.

13 ‘‘(2) FEDERAL SHARE.—The Federal share of

14 full project costs under paragraph (1) shall be not

more than 2 15 ⁄3.

16 ‘‘(3) USE OF ASSISTANCE.—Financial assist17 ance provided under paragraph (1) shall be used

18 only to pay eligible project costs of projects selected

19 under this section.

20 ‘‘(c) SOLICITATION OF APPLICATIONS FOR ASSIST21 ANCE.—Not later than 180 days after the date of enact22 ment of the Intermodal Surface Transportation Efficiency

23 Act of 1997, the Secretary shall solicit applications from

24 States, or authorities designated by 1 or more States, for

25 financial assistance authorized by subsection (b) for plan-
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1 ning, design, and construction of eligible MAGLEV

2 projects.

3 ‘‘(d) PROJECT ELIGIBILITY.—To be eligible to re4 ceive financial assistance under subsection (b), a project

5 shall—

6 ‘‘(1) involve a segment or segments of a high7 speed ground transportation corridor that exhibit

8 partnership potential;

9 ‘‘(2) require an amount of Federal funds for

10 project financing that will not exceed the sum of—

11 ‘‘(A) the amounts made available under

12 subsection (h)(1)(A); and

13 ‘‘(B) the amounts made available by States

14 under subsection (h)(4);

15 ‘‘(3) result in an operating transportation facil16 ity that provides a revenue producing service;

17 ‘‘(4) be undertaken through a public and private partnership, with at least 1 18 ⁄3 of full project

19 costs paid using non-Federal funds;

20 ‘‘(5) satisfy applicable statewide and metropoli21 tan planning requirements;

22 ‘‘(6) be approved by the Secretary based on an

23 application submitted to the Secretary by a State or

24 authority designated by 1 or more States;
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1 ‘‘(7) to the extent that non-United States

2 MAGLEV technology is used within the United

3 States, be carried out as a technology transfer

4 project; and

5 ‘‘(8) be carried out using materials at least 70

6 percent of which are manufactured in the United

7 States.

8 ‘‘(e) PROJECT SELECTION CRITERIA.—Prior to solic9 iting applications, the Secretary shall establish criteria for

10 selecting which eligible projects under subsection (d) will

11 receive financial assistance under subsection (b). The cri12 teria shall include the extent to which—

13 ‘‘(1) a project is nationally significant, includ14 ing the extent to which the project will demonstrate

15 the feasibility of deployment of MAGLEV technology

16 throughout the United States;

17 ‘‘(2) timely implementation of the project will

18 reduce congestion in other modes of transportation

19 and reduce the need for additional highway or air20 port construction;

21 ‘‘(3) States, regions, and localities financially

22 contribute to the project;

23 ‘‘(4) implementation of the project will create

24 new jobs in traditional and emerging industries;
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1 ‘‘(5) the project will augment MAGLEV net2 works identified as having partnership potential;

3 ‘‘(6) financial assistance would foster public

4 and private partnerships for infrastructure develop5 ment and attract private debt or equity investment;

6 ‘‘(7) financial assistance would foster the timely

7 implementation of a project; and

8 ‘‘(8) life-cycle costs in design and engineering

9 are considered and enhanced.

10 ‘‘(f) PROJECT SELECTION.—Not later than 90 days

11 after a deadline established by the Secretary for the re12 ceipt of applications, the Secretary shall evaluate the eligi13 ble projects in accordance with the selection criteria and

14 select 1 eligible project for financial assistance.

15 ‘‘(g) JOINT VENTURES.—A project undertaken by a

16 joint venture of United States and non-United States per17 sons (including a project involving the deployment of non18 United States MAGLEV technology in the United States)

19 shall be eligible for financial assistance under this section

20 if the project is eligible under subsection (d) and selected

21 under subsection (f).

22 ‘‘(h) FUNDING.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) AUTHORIZATION OF CONTRACT AU25 THORITY.—
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1 ‘‘(i) IN GENERAL.—There shall be

2 available from the Highway Trust Fund

3 (other than the Mass Transit Account) to

4 carry out this section $10,000,000 for fis5 cal year 1999 and $20,000,000 for fiscal

6 year 2000.

7 ‘‘(ii) CONTRACT AUTHORITY.—Funds

8 authorized under this subparagraph shall

9 be available for obligation in the same

10 manner as if the funds were apportioned

11 under chapter 1, except that—

12 ‘‘(I) the Federal share of the cost

13 of a project carried out under this

14 section shall be determined in accord15 ance with subsection (b); and

16 ‘‘(II) the availability of the funds

17 shall be determined in accordance

18 with paragraph (2).

19 ‘‘(B) AUTHORIZATION OF APPROPRIA20 TIONS.—There are authorized to be appro21 priated from the Highway Trust Fund (other

22 than the Mass Transit Account) to carry out

23 this section $200,000,000 for each of fiscal

24 years 2000 and 2001, $250,000,000 for fiscal
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1 year 2002, and $300,000,000 for fiscal year

2 2003.

3 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made

4 available under paragraph (1) shall remain available

5 until expended.

6 ‘‘(3) OTHER FEDERAL FUNDS.—Notwithstand7 ing any other provision of law, funds made available

8 to a State to carry out the surface transportation

9 program under section 133 and the congestion miti10 gation and air quality improvement program under

11 section 149 may be used by the State to pay a por12 tion of the full project costs of an eligible project se13 lected under this section, without requirement for

14 non-Federal funds.

15 ‘‘(4) OTHER ASSISTANCE.—Notwithstanding

16 any other provision of law, an eligible project se17 lected under this section shall be eligible for other

18 forms of financial assistance provided under this

19 title and the Transportation Infrastructure Finance

20 and Innovation Act of 1997, including loans, loan

21 guarantees, and lines of credit.’’.

22 (b) CONFORMING AMENDMENT.—The analysis for

23 chapter 3 of title 23, United States Code, is amended by

24 inserting after the item relating to section 321 the follow25 ing:

‘‘322. Magnetic levitation transportation technology deployment program.’’.
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1 SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

2 (a) DEFINITIONS.—Section 404 of the Woodrow Wil3 son Memorial Bridge Authority Act of 1995 (109 Stat.

4 628) is amended—

5 (1) in paragraph (3), by striking ‘‘, including

6 approaches thereto’’; and

7 (2) in paragraph (5), by striking ‘‘to be deter8 mined under section 407. Such’’ and all that follows

9 and inserting the following: ‘‘as described in the

10 record of decision executed by the Secretary in com11 pliance with the National Environmental Policy Act

12 of 1969 (42 U.S.C. 4321 et seq.). The term includes

13 ongoing short-term rehabilitation and repairs to the

14 Bridge.’’.

15 (b) OWNERSHIP OF BRIDGE.—

16 (1) CONVEYANCE BY THE SECRETARY.—Section

17 407(a)(1) of the Woodrow Wilson Memorial Bridge

18 Authority Act of 1995 (109 Stat. 630) is amended

19 by inserting ‘‘or any Capital Region jurisdiction’’

20 after ‘‘Authority’’ each place it appears.

21 (2) AGREEMENT.—Section 407 of the Woodrow

22 Wilson Memorial Bridge Authority Act of 1995 (109

23 Stat. 630) is amended by striking subsection (c) and

24 inserting the following:

25 ‘‘(c) AGREEMENT.—
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1 ‘‘(1) IN GENERAL.—The agreement referred to

2 in subsection (a) is an agreement concerning the

3 Project that is executed by the Secretary and the

4 Authority or any Capital Region jurisdiction that ac5 cepts ownership of the Bridge.

6 ‘‘(2) TERMS OF THE AGREEMENT.—The agree7 ment shall—

8 ‘‘(A) identify whether the Authority or a

9 Capital Region jurisdiction will accept owner10 ship of the Bridge;

11 ‘‘(B) contain a financial plan satisfactory

12 to the Secretary, which shall be prepared before

13 the execution of the agreement, that specifies—

14 ‘‘(i) the total cost of the Project, in15 cluding any cost-saving measures;

16 ‘‘(ii) a schedule for implementation of

17 the Project, including whether any expe18 dited design and construction techniques

19 will be used; and

20 ‘‘(iii) the sources of funding that will

21 be used to cover any costs of the Project

22 not funded from funds made available

23 under section 412; and
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1 ‘‘(C) contain such other terms and condi2 tions as the Secretary determines to be appro3 priate.’’.

4 (c) FEDERAL CONTRIBUTION.—The Woodrow Wilson

5 Memorial Bridge Authority Act of 1995 (109 Stat. 627)

6 is amended by adding at the end the following:

7 ‘‘SEC. 412. FEDERAL CONTRIBUTION.

8 ‘‘(a) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available

10 from the Highway Trust Fund (other than the Mass

11 Transit Account) $100,000,000 for fiscal year 1998,

12 $100,000,000 for fiscal year 1999, $125,000,000 for

13 fiscal year 2000, $175,000,000 for fiscal year 2001,

14 $200,000,000 for fiscal year 2002, and

15 $200,000,000 for fiscal year 2003, to pay the costs

16 of planning, preliminary engineering and design,

17 final engineering, acquisition of rights-of-way, and

18 construction of the Project, except that the costs as19 sociated with the Bridge shall be given priority over

20 other eligible costs, other than design costs, of the

21 Project.

22 ‘‘(2) CONTRACT AUTHORITY.—Funds author23 ized under this section shall be available for obliga24 tion in the same manner as if the funds were appor-
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1 tioned under chapter 1 of title 23, United States

2 Code, except that—

3 ‘‘(A) the funds shall remain available until

4 expended and shall not be subject to any obliga5 tion limitation;

6 ‘‘(B) the Federal share of the cost of the

7 Bridge component of the Project shall not ex8 ceed 100 percent; and

9 ‘‘(C) the Federal share of the cost of any

10 other component of the Project shall not exceed

11 80 percent.

12 ‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in

13 this Act title limits the authority of any Capital Region

14 jurisdiction to use funds apportioned to the jurisdiction

15 under paragraph (1) or (3) of section 104(b) of title 23,

16 United States Code, in accordance with the requirements

17 for such funds, to pay any costs of the Project.

18 ‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None

19 of the funds made available under this section shall be

20 available before the execution of the agreement described

21 in section 407(c), except that the Secretary may fund the

22 maintenance and rehabilitation of the Bridge and the de23 sign of the Project.’’.

24 (d) CONFORMING AMENDMENT.—Section 405(b)(1)

25 of the Woodrow Wilson Memorial Bridge Authority Act
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1 of 1995 (109 Stat. 629) is amended by striking ‘‘the Sig2 natories as to the Federal share of the cost of the Project

3 and the terms and conditions related to the timing of the

4 transfer of the Bridge to’’.

5 SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

6 The National Highway System consists of the routes

7 and transportation facilities depicted on the map submit8 ted by the Secretary to Congress with the report entitled

9 ‘‘Pulling Together: The National Highway System and its

10 Connections to Major Intermodal Terminals’’ and dated

11 May 24, 1996.

12 SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHA13 BILITATION.

14 (a) IN GENERAL.—Section 144 of title 23, United

15 States Code, is amended—

16 (1) in the section heading, by striking ‘‘pro17 gram’’;

18 (2) by striking subsections (a) through (n), (p),

19 and (q);

20 (3) by inserting after the section heading the

21 following:

22 ‘‘(a) DEFINITION OF REHABILITATE.—In this sec23 tion, the term ‘rehabilitate’ (in any of its forms), with re24 spect to a bridge, means to carry out major work nec25 essary—
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1 ‘‘(1) to address the structural deficiencies, func2 tional obsolescence, or physical deterioration of the

3 bridge; or

4 ‘‘(2) to correct a major safety defect of the

5 bridge, including seismic retrofitting.

6 ‘‘(b) BRIDGE INVENTORY.—

7 ‘‘(1) IN GENERAL.—In consultation with the

8 States, the Secretary shall—

9 ‘‘(A) annually inventory all highway

10 bridges on public roads that cross waterways,

11 other topographical barriers, other highways,

12 and railroads;

13 ‘‘(B) classify each such bridge according to

14 serviceability, safety, and essentiality for public

15 use; and

16 ‘‘(C) assign each such bridge a priority for

17 replacement or rehabilitation based on the clas18 sification under subparagraph (B).

19 ‘‘(2) CONSULTATION.—In preparing an inven20 tory of highway bridges on Indian reservation roads

21 and park roads under paragraph (1), the Secretary

22 shall consult with the Secretary of the Interior and

23 the States.

24 ‘‘(3) INVENTORY OF HISTORICAL BRIDGES.—At

25 the request of a State, the Secretary may inventory
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1 highway bridges on public roads for historical sig2 nificance.

3 ‘‘(c) CERTIFICATION BY THE STATE.—Not later than

4 180 days after the end of each fiscal year beginning with

5 fiscal year 1998, each State shall certify to the Secretary,

6 either that—

7 ‘‘(1) the State has reserved, from funds appor8 tioned to the State for the preceding fiscal year, to

9 carry out bridge projects eligible under sections

10 103(b)(5), 119, and 133(b), an amount that is not

11 less than the amount apportioned to the State under

12 this section for fiscal year 1997; or

13 ‘‘(2) the amount that the State will reserve,

14 from funds apportioned to the State for the period

15 consisting of fiscal years 1998 through 2001, to

16 carry out bridge projects eligible under sections

17 103(b)(5), 119, and 133(b), will be not less than 4

18 times the amount apportioned to the State under

19 this section for fiscal year 1997.

20 ‘‘(d) USE OF RESERVED FUNDS.—A State may use

21 funds reserved under subsection (c) to replace, rehabili22 tate, reconstruct, seismically retrofit, paint, apply calcium

23 magnesium acetate to, apply sodium acetate/formate deicer

24 to, or install scour countermeasures on a highway bridge
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1 on a public road that crosses a waterway, other topo2 graphical barrier, other highway, or railroad.

3 ‘‘(e) OFF-SYSTEM BRIDGES.—

4 ‘‘(1) REQUIRED EXPENDITURE.—For each fis5 cal year, an amount equal to not less than 15 per6 cent of the amount apportioned to a State under

7 this section for fiscal year 1997 shall be expended by

8 the State for projects to replace, rehabilitate, recon9 struct, seismically retrofit, paint, apply calcium mag10 nesium acetate to, apply sodium acetate/formate de11 icer to, or install scour countermeasures on highway

12 bridges located on public roads that are functionally

13 classified as local roads or rural minor collectors.

14 ‘‘(2) USE OF FUNDS TO MEET REQUIRED EX15 PENDITURE.—Funds reserved under subsection (c)

16 and funds made available under section 104(b)(1)

17 for the National Highway System or under section

18 104(b)(3) for the surface transportation program

19 may be used to meet the requirement for expendi20 ture under paragraph (1).

21 ‘‘(3) REDUCTION OF REQUIRED EXPENDI22 TURE.—After consultation with local and State offi23 cials in a State, the Secretary may, with respect to

24 the State, reduce the requirement for expenditure

25 under paragraph (1) if the Secretary determines
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1 that the State has inadequate needs to justify the

2 expenditure.

3 ‘‘(f) FEDERAL SHARE.—The Federal share of the

4 cost of a project under this section shall be 80 percent

5 as determined under section 120(b).

6 ‘‘(g) BRIDGE PERMIT EXEMPTION.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

8 notwithstanding any other provision of law, the Gen9 eral Bridge Act of 1946 (33 U.S.C. 525 et seq.)

10 shall apply to each bridge authorized to be replaced,

11 in whole or in part, under this section.

12 ‘‘(2) EXCEPTION.—Section 502(b) of the Gen13 eral Bridge Act of 1946 (33 U.S.C. 525(b)) and sec14 tion 9 of the Act of March 3, 1899 (30 Stat. 1151,

15 chapter 425; 33 U.S.C. 401), shall not apply to any

16 bridge constructed, reconstructed, rehabilitated, or

17 replaced with assistance under this title if the bridge

18 is over waters that are—

19 ‘‘(A) not used and not susceptible to use in

20 their natural condition or by reasonable im21 provement as a means to transport interstate or

22 foreign commerce; and

23 ‘‘(B)(i) not tidal; or
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1 ‘‘(ii) tidal but used only by recreational

2 boating, fishing, and other small vessels that

3 are less than 21 feet in length.

4 ‘‘(h) INDIAN RESERVATION ROAD BRIDGES.—

5 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The

6 Secretary shall establish a nationwide priority pro7 gram for improving deficient Indian reservation road

8 bridges.

9 ‘‘(2) RESERVATION OF FUNDS.—

10 ‘‘(A) IN GENERAL.—Of the amounts au11 thorized for Indian reservation roads for each

12 fiscal year, the Secretary, in cooperation with

13 the Secretary of the Interior, shall reserve not

14 less than $9,000,000 for projects to replace, re15 habilitate, seismically retrofit, paint, apply cal16 cium magnesium acetate to, apply sodium ace17 tate/formate deicer to, or install scour counter18 measures for deficient Indian reservation road

19 bridges, including multiple-pipe culverts.

20 ‘‘(B) ELIGIBLE BRIDGES.—To be eligible

21 to receive funding under this subsection, a

22 bridge described in subparagraph (A) must—

23 ‘‘(i) have an opening of 20 feet or

24 more;

25 ‘‘(ii) be on an Indian reservation road;
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1 ‘‘(iii) be unsafe because of structural

2 deficiencies, physical deterioration, or func3 tional obsolescence; and

4 ‘‘(iv) be recorded in the national

5 bridge inventory administered by the Sec6 retary under subsection (b).

7 ‘‘(3) APPROVAL REQUIREMENT.—Funds to

8 carry out Indian reservation road bridge projects

9 under this subsection shall be made available only on

10 approval of plans, specifications, and estimates by

11 the Secretary.’’;

12 (4) by redesignating subsection (o) as sub13 section (i); and

14 (5) in subsection (i) (as so redesignated)—

15 (A) in paragraph (1), by inserting ‘‘for al16 ternative transportation purposes (including

17 bikeway and walkway projects eligible for fund18 ing under this title)’’ after ‘‘adaptive reuse’’;

19 (B) in paragraph (3)—

20 (i) by inserting ‘‘(regardless of wheth21 er the intended use is for motorized vehicu22 lar traffic or for alternative public trans23 portation purposes)’’ after ‘‘intended use’’;

24 and
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1 (ii) by inserting ‘‘or for alternative

2 public transportation purposes’’ after ‘‘no

3 longer used for motorized vehicular traf4 fic’’; and

5 (C) in the second sentence of paragraph

6 (4)—

7 (i) by inserting ‘‘for motorized vehi8 cles, alternative vehicular traffic, or alter9 native public transportation’’ after ‘‘his10 toric bridge’’; and

11 (ii) by striking ‘‘up to an amount not

12 to exceed the cost of demolition’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 1 of title 23, United States Code, is amended by

15 striking the item relating to section 144 and inserting the

16 following:

‘‘144. Highway bridge replacement and rehabilitation.’’.

17 SEC. 1123. CONGESTION MITIGATION AND AIR QUALITY IM18 PROVEMENT PROGRAM.

19 (a) ESTABLISHED PROGRAM.—Section 149(a) of title

20 23, United States Code, is amended by striking ‘‘ESTAB21 LISHMENT.—The Secretary shall establish’’ and inserting

22 ‘‘IN GENERAL.—The Secretary shall carry out’’.

23 (b) ELIGIBLE PROJECTS.—Section 149(b) of title 23,

24 United States Code, is amended in the first sentence—
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1 (1) by striking ‘‘that was designated as a non2 attainment area under section 107(d) of the Clean

3 Air Act (42 U.S.C. 7407(d)) during any part of fis4 cal year 1994’’ and inserting ‘‘that is designated as

5 a nonattainment area under section 107(d) of the

6 Clean Air Act (42 U.S.C. 7407(d)) or classified as

7 a submarginal ozone nonattainment area under that

8 Act, or if the project or program is for a mainte9 nance area or an area that, as of the date of enact10 ment of the Intermodal Transportation Act of 1997,

11 is considered by the Administrator of the Environ12 mental Protection Agency to be a flexible attainment

13 region’’; area,’’;

14 (2) in paragraph (1)—

15 (A) in subparagraph (A), by striking

16 ‘‘clauses (xii) and’’ and inserting ‘‘clause’’; and

17 (B) in subparagraph (B), by striking

18 ‘‘such section’’ and inserting ‘‘section

19 108(f)(1)(A) (other than clause (xvi)) of the

20 Clean Air Act (42 U.S.C. 7408(f)(1)(A))’’;

21 (3) in paragraph (2), by inserting ‘‘or mainte22 nance’’ after ‘‘State implementation’’;

23 (4) in paragraph (3), by inserting ‘‘or mainte24 nance of the standard’’ after ‘‘standard’’; and
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1 (5) in paragraph (4), by inserting ‘‘or mainte2 nance’’ after ‘‘attainment’’.

3 (c) STATES RECEIVING MINIMUM APPORTION4 MENT.—Section 149 of title 23, United States Code, is

5 amended by striking subsection (c) and inserting the fol6 lowing:

7 ‘‘(c) STATES RECEIVING MINIMUM APPORTION8 MENT.—

9 ‘‘(1) STATES WITHOUT A NONATTAINMENT

10 AREA.—If a State does not have, and never has had,

11 a nonattainment area designated under the Clean

12 Air Act (42 U.S.C. 7401 et seq.), the State may use

13 funds apportioned to the State under section

14 104(b)(2) for any project eligible under the surface

15 transportation program under section 133.

16 ‘‘(2) STATES WITH A NONATTAINMENT AREA.—

17 If a State has a nonattainment area or maintenance

18 area and receives funds under section 104(b)(2)(D)

19 above the amount of funds that the State would

20 have received based on its nonattainment and main21 tenance area population under subparagraphs (B)

22 and (C) of section 104(b)(2), the State may use that

23 portion of the funds not attributed to the based on

24 its nonattainment or and maintenance area popu25 lation under subparagraphs (B) and (C) of section
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1 104(b)(2) for any project in the State eligible under

2 section 133.’’.

3 (d) FEDERAL SHARE.—Section 120(c) of title 23,

4 United States Code, is amended in the first sentence by

5 striking ‘‘The’’ and inserting ‘‘Except in the case of a

6 project funded from sums apportioned under section

7 104(b)(2), the’’.

8 (e) CONFORMING AMENDMENTS.—

9 (1) Section 101(a) of title 23, United States

10 Code, is amended by inserting after the undesig11 nated paragraph defining ‘‘maintenance’’ the follow12 ing:

13 ‘‘The term ‘maintenance area’ means an area that

14 was designated as a nonattainment area, but was later re15 designated by the Administrator of the Environmental

16 Protection Agency as an attainment area, under section

17 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).’’.

18 (2) Section 149(b)(1)(A)(ii) of title 23, United

19 States Code, is amended by striking ‘‘an area’’ and

20 all that follows and inserting ‘‘a maintenance area;

21 or’’.

22 SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

23 Section 355 of the National Highway System Des24 ignation Act of 1995 (109 Stat. 624) is amended—
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1 (1) in the section heading, by striking ‘‘AND

2 MAINE’’;

3 (2) in subsection (a)—

4 (A) by striking ‘‘States of New Hampshire

5 and Maine shall each’’ and inserting ‘‘State of

6 New Hampshire shall’’; and

7 (B) in paragraph (1), by striking ‘‘and

8 1996’’ and inserting ‘‘through 2000’’; and

9 (3) by striking ‘‘or Maine’’ each place it ap10 pears.

11 SEC. 1125. SENSE OF THE SENATE CONCERNING RELIANCE

12 ON PRIVATE ENTERPRISE.

13 (a) IN GENERAL.—It is the sense of the Senate that

14 each agency authorized to expend funds made available

15 under this Act, or an amendment made by this Act, or a

16 recipient of any form of a grant or other Federal assistance

17 under this Act, or an amendment made by this Act—

18 (1) should, in expending the funds or assistance,

19 rely on entities in the private enterprise system to

20 provide such goods and services as are reasonably and

21 expeditiously available through ordinary business

22 channels; and

23 (2) shall not duplicate or compete with entities

24 in the private enterprise system.
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1 (b) PROCEDURES.—The Secretary should provide pro2 cedures to inform each agency that administers this Act and

3 each recipient of a grant or other Federal assistance of the

4 sense of the Senate expressed in subsection (a).

5 SEC. 1126. STUDY OF USE OF UNIFORMED POLICE OFFI6 CERS ON FEDERAL-AID HIGHWAY CONSTRUC7 TION PROJECTS.

8 (a) IN GENERAL.—In consultation with the States and

9 State transportation departments, the Secretary shall con10 duct a study on the extent and effectiveness of use by States

11 of uniformed police officers on Federal-aid highway con12 struction projects.

13 (b) REPORT.—Not later than 2 years after the date

14 of enactment of this Act, the Secretary shall submit to Con15 gress a report on the results of the study conducted under

16 subsection (a), including any legislative and administrative

17 recommendations of the Secretary.

18 SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN

19 SERVICES.

20 Section 112(b)(2) of title 23, United States Code, is

21 amended—

22 (1) in subparagraph (B)(i), by striking ‘‘, except

23 to’’ and all that follows through ‘‘services’’;

24 (2) by striking subparagraph (C) and inserting

25 the following:
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1 ‘‘(C) SELECTION, PERFORMANCE, AND AU2 DITS.—

3 ‘‘(i) IN GENERAL.—All requirements

4 for architectural, engineering, and related

5 services at any phase of a highway project

6 funded in whole or in part with Federal-aid

7 highway funds shall be performed by a con8 tract awarded in accordance with subpara9 graph (A).

10 ‘‘(ii) PROHIBITION ON STATE RESTRIC11 TION.—A State shall not impose any over12 head restriction that would preclude any

13 qualified firm from being eligible to compete

14 for contracts awarded in accordance with

15 subparagraph (A).

16 ‘‘(iii) COMPLIANCE WITH FEDERAL AC17 QUISITION REGULATIONS.—The process for

18 selection, award, performance, administra19 tion, and audit of the resulting contracts

20 shall comply with the cost principles and

21 cost accounting principles of the Federal

22 Acquisition Regulations, including parts

23 30, 31, and 36 of the Regulations.’’; and

24 (3) by adding at the end the following:

25 ‘‘(H) COMPLIANCE.—
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1 ‘‘(i) IN GENERAL.—A State shall com2 ply with the qualifications-based selection

3 process, contracting based on the Federal

4 Acquisition Regulations, and the single

5 audit procedures required under this para6 graph, or with an existing State law or a

7 statute enacted in accordance with the legis8 lative session exemption under subpara9 graph (G), with respect to any architecture,

10 engineering, or related service contract for

11 any phase of a Federal-aid highway project.

12 ‘‘(ii) STATES WITH ALTERNATIVE

13 PROCESS.—Any State that, after November

14 28, 1995, enacted legislation to establish an

15 alternative State process as a substitute for

16 the contract administration and audit pro17 cedures required under this paragraph or

18 was granted a waiver under subparagraph

19 (G) shall submit the legislation to the Sec20 retary, not later than 60 days after the date

21 of enactment of this subparagraph, for cer22 tification that the State legislation is in

23 compliance with the statutory timetable and

24 substantive criteria specified in subpara25 graph (G).’’.
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1 Subtitle B—Program Streamlining

2 and Flexibility

3 CHAPTER 1—GENERAL PROVISIONS

4 SEC. 1201. ADMINISTRATIVE EXPENSES.

5 Section 104 of title 23, United States Code, is

6 amended by striking subsection (a) and inserting the fol7 lowing:

8 ‘‘(a) ADMINISTRATIVE EXPENSES.—

9 ‘‘(1) IN GENERAL.—Whenever an apportion10 ment is made of the sums made available for ex11 penditure on the surface transportation program

12 under section 133, the congestion mitigation and air

13 quality improvement program under section 149, or

14 the Interstate and National Highway System pro15 gram under section 103, the Secretary shall deduct

a sum, in an amount not to exceed 11 16 ⁄2 percent of

17 all sums so made available, as the Secretary deter18 mines necessary to administer the provisions of law

19 to be financed from appropriations for the Federal20 aid highway program and programs authorized

21 under chapter 2.

22 ‘‘(2) CONSIDERATION OF UNOBLIGATED BAL23 ANCES.—In making the determination described in

24 paragraph (1), the Secretary shall take into account
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1 the unobligated balance of any sums deducted under

2 that paragraph this subsection in prior fiscal years.

3 ‘‘(3) AVAILABILITY.—The sum deducted under

4 paragraph (1) shall remain available until ex5 pended.’’.

6 SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR

7 PRESERVATION.

8 (a) ADVANCE ACQUISITION OF REAL PROPERTY.—

9 Section 108 of title 23, United States Code, is amended—

10 (1) by striking the section heading and insert11 ing the following:

12 ‘‘§ 108. Advance acquisition of real property’’;

13 and

14 (2) by striking subsection (a) and inserting the

15 following:

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) AVAILABILITY OF FUNDS.—For the pur18 pose of facilitating the timely and economical acqui19 sition of real property for a transportation improve20 ment eligible for funding under this title, the Sec21 retary, upon the request of a State, may make avail22 able, for the acquisition of real property, such funds

23 apportioned to the State as may be expended on the

24 transportation improvement, under such rules and

25 regulations as the Secretary may issue.
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1 ‘‘(2) CONSTRUCTION.—The agreement between

2 the Secretary and the State for the reimbursement

3 of the cost of the real property shall provide for the

4 actual construction of the transportation improve5 ment within a period not to exceed 20 years follow6 ing the fiscal year for which the request is made, un7 less the Secretary determines that a longer period is

8 reasonable.’’.

9 (b) CREDIT FOR ACQUIRED LANDS.—Section 323(b)

10 of title 23, United States Code, is amended—

11 (1) in the subsection heading, by striking ‘‘DO12 NATED’’ and inserting ‘‘ACQUIRED’’;

13 (2) by striking paragraphs (1) and (2) and in14 serting the following:

15 ‘‘(1) IN GENERAL.—Notwithstanding any other

16 provision of this title, the State share of the cost of

17 a project with respect to which Federal assistance is

18 provided from the Highway Trust Fund (other than

19 the Mass Transit Account) may be credited in an

20 amount equal to the fair market value of any land

21 that—

22 ‘‘(A) is obtained by the State, without vio23 lation of Federal law; and

24 ‘‘(B) is incorporated into the project.
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1 ‘‘(2) ESTABLISHMENT OF FAIR MARKET

2 VALUE.—The fair market value of land incorporated

3 into a project and credited under paragraph (1)

4 shall be established in the manner determined by the

5 Secretary, except that—

6 ‘‘(A) the fair market value shall not in7 clude any increase or decrease in the value of

8 donated property caused by the project; and

9 ‘‘(B) the fair market value of donated land

10 shall be established as of the earlier of—

11 ‘‘(i) the date on which the donation

12 becomes effective; or

13 ‘‘(ii) the date on which equitable title

14 to the land vests in the State.’’;

15 (3) by striking paragraph (3);

16 (4) in paragraph (4), by striking ‘‘to which the

17 donation is applied’’; and

18 (5) by redesignating paragraph (4) as para19 graph (3).

20 (c) CONFORMING AMENDMENT.—The analysis for

21 chapter 1 of title 23, United States Code, is amended by

22 striking the item relating to section 108 and inserting the

23 following:

‘‘108. Advance acquisition of real property.’’.
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1 SEC. 1203. AVAILABILITY OF FUNDS.

2 Section 118 of title 23, United States Code, is

3 amended by striking subsection (e) and inserting the fol4 lowing:

5 ‘‘(e) AVAILABILITY OF FUNDS.—

6 ‘‘(1) IN GENERAL.—Any Federal-aid highway

7 funds released by the final payment on a project, or

8 by the modification of a project agreement, shall be

9 credited to the same program funding category for

10 which the funds were previously apportioned and

11 shall be immediately available for obligation.

12 ‘‘(2) TRANSFER OF INTERSTATE CONSTRUC13 TION FUNDS.—Any Federal-aid highway funds ap14 portioned to a State under section 104(b)(5)(A) (as

15 in effect on the day before the date of enactment of

16 this paragraph) and credited under paragraph (1)

17 may be transferred by the Secretary in accordance

18 with section 103(d).’’.

19 SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

20 Section 121 of title 23, United States Code, is

21 amended—

22 (1) in subsection (a), by striking the second and

23 third sentences and inserting the following: ‘‘The

24 payments may also be made for the value of such

25 materials as—
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1 ‘‘(1) have been stockpiled in the vicinity of the

2 construction in conformity to plans and specifica3 tions for the projects; and

4 ‘‘(2) are not in the vicinity of the construction

5 if the Secretary determines that because of required

6 fabrication at an off-site location the materials can7 not be stockpiled in the vicinity.’’;

8 (2) by striking subsection (b) and inserting the

9 following:

10 ‘‘(b) PROJECT AGREEMENTS.—

11 ‘‘(1) PAYMENTS.—A payment under this chap12 ter may be made only for a project covered by a

13 project agreement.

14 ‘‘(2) SOURCE OF PAYMENTS.—After completion

15 of a project in accordance with the project agree16 ment, a State shall be entitled to payment, out of

17 the appropriate sums apportioned or allocated to the

18 State, of the unpaid balance of the Federal share of

19 the cost of the project.’’;

20 (3) by striking subsections (c) and (d); and

21 (4) by redesignating subsection (e) as sub22 section (c).
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1 SEC. 1205. PROCEEDS FROM THE SALE OR LEASE OF REAL

2 PROPERTY.

3 (a) IN GENERAL.—Section 156 of title 23, United

4 States Code, is amended to read as follows:

5 ‘‘§ 156. Proceeds from the sale or lease of real prop6 erty

7 ‘‘(a) MINIMUM CHARGE.—Subject to section 142(f),

8 a State shall charge, at a minimum, fair market value for

9 the sale, use, lease, or lease renewal (other than for utility

10 use and occupancy or for a transportation project eligible

11 for assistance under this title) of real property acquired

12 with Federal assistance made available from the Highway

13 Trust Fund (other than the Mass Transit Account).

14 ‘‘(b) EXCEPTIONS.—The Secretary may grant an ex15 ception to the requirement of subsection (a) for a social,

16 environmental, or economic purpose.

17 ‘‘(c) USE OF FEDERAL SHARE OF INCOME.—The

18 Federal share of net income from the revenues obtained

19 by a State under subsection (a) shall be used by the State

20 for projects eligible under this title.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 1 of title 23, United States Code, is amended by

23 striking the item relating to section 156 and inserting the

24 following:

‘‘156. Proceeds from the sale or lease of real property.’’.
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1 SEC. 1206. METRIC CONVERSION AT STATE OPTION.

2 Section 205(c)(2) of the National Highway System

3 Designation Act of 1995 (23 U.S.C. 109 note; 109 Stat.

4 577) is amended by striking ‘‘Before September 30, 2000,

5 the’’ and inserting ‘‘The’’.

6 SEC. 1207. REPORT ON OBLIGATIONS.

7 Section 104(m) of title 23, United States Code (as

8 redesignated by section 1113(c)(1)), is amended—

9 (1) by inserting ‘‘REPORT TO CONGRESS.—’’

10 before ‘‘The Secretary’’;

11 (2) by striking ‘‘not later than’’ and all that fol12 lows through ‘‘a report’’ and inserting ‘‘a report for

13 each fiscal year’’;

14 (3) in paragraph (1), by striking ‘‘preceding

15 calendar month’’ and inserting ‘‘preceding fiscal

16 year’’;

17 (4) by striking paragraph (2);

18 (5) in paragraph (3), by striking ‘‘such preced19 ing month’’ and inserting ‘‘that preceding fiscal

20 year’’; and

21 (6) by redesignating paragraphs (3) and (4) as

22 paragraphs (2) and (3), respectively.

23 SEC. 1208. TERMINATIONS.

24 (a) RIGHT-OF-WAY REVOLVING FUND.—Section 108

25 of title 23, United States Code, is amended by striking

26 subsection (c) and inserting the following:
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1 ‘‘(c) TERMINATION OF RIGHT-OF-WAY REVOLVING

2 FUND.—

3 ‘‘(1) IN GENERAL.—Funds apportioned and ad4 vanced to a State by the Secretary from the right5 of-way revolving fund established by this section

6 prior to the date of enactment of the Intermodal

7 Surface Transportation Efficiency Act of 1997 shall

8 remain available to the State for use on the projects

9 for which the funds were advanced for a period of

10 20 years from the date on which the funds were ad11 vanced.

12 ‘‘(2) CREDIT TO HIGHWAY TRUST FUND.—With

13 respect to a project for which funds have been ad14 vanced from the right-of-way revolving fund, upon

15 the termination of the 20-year period referred to in

16 paragraph (1), when actual construction is com17 menced, or upon approval by the Secretary of the

18 plans, specifications, and estimates for the actual

19 construction of the project on the right-of-way,

20 whichever occurs first—

21 ‘‘(A) the Highway Trust Fund shall be

22 credited with an amount equal to the Federal

23 share of the funds advanced, as provided in sec24 tion 120, out of any Federal-aid highway funds

25 apportioned to the State in which the project is
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1 located and available for obligation for projects

2 of the type funded; and

3 ‘‘(B) the State shall reimburse the Sec4 retary in an amount equal to the non-Federal

5 share of the funds advanced for deposit in, and

6 credit to, the Highway Trust Fund.’’.

7 (b) PILOT TOLL COLLECTION PROGRAM.—Section

8 129 of title 23, United States Code, is amended by strik9 ing subsection (d).

10 (c) NATIONAL RECREATIONAL TRAILS ADVISORY

11 COMMITTEE.—As soon as practicable after the date of en12 actment of this Act, the Secretary shall take such action

13 as is necessary for the termination of the National Rec14 reational Trails Advisory Committee established by section

15 1303 of the Intermodal Surface Transportation Efficiency

16 Act of 1991 (16 U.S.C. 1262) (as in effect on the day

17 before the date of enactment of this Act).

18 (d) CONGRESSIONAL BRIDGE COMMISSIONS.—Public

19 Law 87–441 (76 Stat. 59) is repealed.

20 SEC. 1209. INTERSTATE MAINTENANCE.

21 (a) INTERSTATE FUNDS.—Section 119 of title 23,

22 United States Code, is amended—

23 (1) in subsection (a), by striking the second

24 sentence;

25 (2) by striking subsection (d); and
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1 (3) by striking subsection (f) and inserting the

2 following:

3 ‘‘(f) TRANSFERABILITY OF FUNDS.—

4 ‘‘(1) UNCONDITIONAL.—A State may transfer

5 an amount not to exceed 30 percent of the sums ap6 portioned to the State under subparagraphs (A) and

7 (B) of section 104(b)(1) to the apportionment of the

8 State under paragraphs (1)(C) and (3) of section

9 104(b).

10 ‘‘(2) UPON ACCEPTANCE OF CERTIFICATION.—

11 If a State certifies to the Secretary that any part of

12 the sums apportioned to the State under subpara13 graphs (A) and (B) of section 104(b)(1) is in excess

14 of the needs of the State for resurfacing, restoring,

15 rehabilitating, or reconstructing routes and bridges

16 on the Interstate System in the State and that the

17 State is adequately maintaining the routes and

18 bridges, and the Secretary accepts the certification,

19 the State may transfer, in addition to the amount

20 authorized to be transferred under paragraph (1),

21 an amount not to exceed 20 percent of the sums ap22 portioned to the State under subparagraphs (A) and

23 (B) of section 104(b)(1) to the apportionment of the

24 State under paragraphs (1)(C) and (3) of section

25 104(b).’’.
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1 (b) ELIGIBILITY.—Section 119 of title 23, United

2 States Code, is amended—

3 (1) in the first sentence of subsection (a), by

4 striking ‘‘and rehabilitating’’ and inserting ‘‘, reha5 bilitating, and reconstructing’’;

6 (2) by striking subsections (b), (c), (e), and (g);

7 (3) by inserting after subsection (a) the follow8 ing:

9 ‘‘(b) ELIGIBLE ACTIVITIES.—

10 ‘‘(1) IN GENERAL.—A State—

11 ‘‘(A) may use funds apportioned under

12 subparagraph (A) or (B) of section 104(b)(1)

13 for resurfacing, restoring, rehabilitating, and

14 reconstructing routes on the Interstate System,

15 including—

16 ‘‘(i) resurfacing, restoring, rehabilitat17 ing, and reconstructing bridges, inter18 changes, and overcrossings;

19 ‘‘(ii) acquiring rights-of-way; and

20 ‘‘(iii) intelligent transportation system

21 capital improvements that are infrastruc22 ture-based to the extent that they improve

23 the performance of the Interstate System;

24 but
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1 ‘‘(B) may not use the funds for construc2 tion of new travel lanes other than high-occu3 pancy vehicle lanes or auxiliary lanes.

4 ‘‘(2) EXPANSION OF CAPACITY.—

5 ‘‘(A) USING TRANSFERRED FUNDS.—Not6 withstanding paragraph (1), funds transferred

7 under subsection (c)(1) may be used for con8 struction to provide for expansion of the capac9 ity of an Interstate System highway (including

10 a bridge).

11 ‘‘(B) USING FUNDS NOT TRANSFERRED.—

12 ‘‘(i) IN GENERAL.—In lieu of transfer13 ring funds under subsection (c)(1) and

14 using the transferred funds for the purpose

15 described in subparagraph (A), a State

16 may use an amount of the sums appor17 tioned to the State under subparagraph

18 (A) or (B) of section 104(b)(1) for the

19 purpose described in subparagraph (A).

20 ‘‘(ii) LIMITATION.—The sum of the

21 amount used under clause (i) and any

22 amount transferred under subsection (c)(1)

23 by a State may not exceed 30 percent of

24 the sums apportioned to the State under
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1 subparagraphs (A) and (B) of section

2 104(b)(1).’’; and

3 (4) by redesignating subsection (f) as sub4 section (c).

5 (c) CONFORMING AMENDMENTS.—

6 (1) Section 119(a) of title 23, United States

7 Code, is amended in the first sentence by striking ‘‘;

8 except that the Secretary may only approve a project

9 pursuant to this subsection on a toll road if such

10 road is subject to a Secretarial agreement provided

11 for in subsection (e)’’.

12 (2) Section 1009(c)(2) of the Intermodal Sur13 face Transportation Efficiency Act of 1991 (23

14 U.S.C. 119 note; 105 Stat. 19334) is amended by

15 striking ‘‘section 119(f)(1)’’ and inserting ‘‘section

16 119(c)(1)’’.

17 CHAPTER 2—PROJECT APPROVAL

18 SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

19 Section 104 of title 23, United States Code (as

20 amended by section 1118), is amended by inserting after

21 subsection (k) the following:

22 ‘‘(l) TRANSFER OF HIGHWAY AND TRANSIT

23 FUNDS.—

24 ‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds

25 made available under this title and transferred for
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1 transit projects shall be administered by the Sec2 retary in accordance with chapter 53 of title 49, ex3 cept that the provisions of this title relating to the

4 non-Federal share shall apply to the transferred

5 funds.

6 ‘‘(2) TRANSFER OF TRANSIT FUNDS.—Funds

7 made available under chapter 53 of title 49 and

8 transferred for highway projects shall be adminis9 tered by the Secretary in accordance with this title,

10 except that the provisions of that chapter relating to

11 the non-Federal share shall apply to the transferred

12 funds.

13 ‘‘(3) TRANSFER TO AMTRAK AND PUBLICLY14 OWNED PASSENGER RAIL LINES.—Funds made

15 available under this title or chapter 53 of title 49

16 and transferred to the National Railroad Passenger

17 Corporation or to any publicly-owned intercity or in18 tracity passenger rail line shall be administered by

19 the Secretary in accordance with subtitle V of title

20 49, except that the provisions of this title or chapter

21 53 of title 49, as applicable, relating to the non-Fed22 eral share shall apply to the transferred funds.

23 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—

24 Obligation authority provided for projects described

25 in paragraphs (1) through (3) shall be transferred in
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1 the same manner and amount as the funds for the

2 projects are transferred.’’.

3 SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

4 (a) IN GENERAL.—Section 106 of title 23, United

5 States Code, is amended—

6 (1) by striking the section heading and insert7 ing the following:

8 ‘‘§ 106. Project approval and oversight’’;

9 (2) by redesignating subsections (e) and (f) as

10 subsections (g) and (h), respectively;

11 (3) by striking subsections (a) through (d) and

12 inserting the following:

13 ‘‘(a) IN GENERAL.—Except as otherwise provided in

14 this section, the State transportation department shall

15 submit to the Secretary for approval such plans, specifica16 tions, and estimates for each proposed project as the Sec17 retary may require. The Secretary shall act upon such

18 plans, specifications, and estimates as soon as practicable

19 after they have been submitted, and shall enter into a for20 mal project agreement with the State transportation de21 partment formalizing the conditions of the project ap22 proval. The execution of such project agreement shall be

23 deemed a contractual obligation of the Federal Govern24 ment for the payment of its proportional contribution
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1 thereto. In taking such action, the Secretary shall be guid2 ed by the provisions of section 109 of this title.

3 ‘‘(b) PROJECT AGREEMENT.—The project agreement

4 shall make provision for State funds required for the

5 State’s pro rata share of the cost of construction of the

6 project and for the maintenance of the project after com7 pletion of construction. The Secretary may rely upon rep8 resentations made by the State transportation department

9 with respect to the arrangements or agreements made by

10 the State transportation department and appropriate local

11 officials where a part of the project is to be constructed

12 at the expense of, or in cooperation with, local subdivisions

13 of the State.

14 ‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—

15 ‘‘(1) NHS PROJECTS.—Except as otherwise

16 provided in subsection (d) of this section, the Sec17 retary may discharge to the State any of the Sec18 retary’s responsibilities for the design, plans, speci19 fications, estimates, contract awards, and inspection

20 of projects under this title on the National Highway

21 System. Before discharging responsibilities to the

22 State, the Secretary shall reach agreement with the

23 State as to the extent to which the State may as24 sume the responsibilities of the Secretary under this

25 subsection. The Secretary may not assume any
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1 greater responsibility than the Secretary is per2 mitted under this title as of September 30, 1997, ex3 cept upon agreement by the Secretary and the State.

4 ‘‘(2) NON-NHS PROJECTS.—For all projects

5 under this title that are off the National Highway

6 System, the State may request that the Secretary no

7 longer review and approve the design, plans, speci8 fications, estimates, contract awards, and inspection

9 of projects under this title. After receiving any such

10 request, the Secretary shall undertake project review

11 only as requested by the State.

12 ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 nothing in this section, section 133, or section 149

15 shall affect or discharge any responsibility or obliga16 tion of the Secretary under any Federal law other

17 than this title.

18 ‘‘(2) LIMITATION.—Any responsibility or obliga19 tion of the Secretary under sections 113 and 114 of

20 this title shall not be affected and may not be dis21 charged under this section, section 133, or section

22 149.

23 ‘‘(e) VALUE ENGINEERING ANALYSIS.—In such cases

24 as the Secretary determines advisable, plans, specifica25 tions, and estimates for proposed projects on any Federal-
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1 aid highway shall be accompanied by a value engineering

2 or other cost reduction analysis.

3 ‘‘(f) FINANCIAL PLAN.—The Secretary shall require

4 a financial plan to be prepared for any project with an

5 estimated total cost of $1,000,000,000 or more.’’.

6 (b) STANDARDS.—

7 (1) ELIMINATION OF GUIDELINES AND ANNUAL

8 CERTIFICATION REQUIREMENTS.—Section 109 of

9 title 23, United States Code, is amended—

10 (A) by striking subsection (m); and

11 (B) by redesignating subsections (n)

12 through (q) as subsections (m) through (p), re13 spectively.

14 (2) SAFETY STANDARDS.—Section 109 of title

15 23, United States Code (as amended by paragraph

16 (1)), is amended by adding at the end the following:

17 ‘‘(q) PHASE CONSTRUCTION.—Safety considerations

18 for a project under this title may be met by phase con19 struction.’’.

20 (c) PROGRAMS; PROJECT AGREEMENTS; CERTIFI21 CATION ACCEPTANCE.—Sections 110 and 117 of title 23,

22 United States Code, are repealed.

23 (d) CONFORMING AMENDMENTS.—

24 (1) The analysis for chapter 1 of title 23 is

25 amended—
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1 (A) by striking the item relating to section

2 106 and inserting the following:

‘‘106. Project approval and oversight.’’;

3 and

4 (B) by striking the items relating to sec5 tions 110 and 117.

6 (2) Section 101(a) of title 23, United States

7 Code, is amended in the undesignated paragraph de8 fining ‘‘project agreement’’ by striking ‘‘the provi9 sions of subsection (a) of section 110 of this title’’

10 and inserting ‘‘section 106’’.

11 (3) Section 114(a) of title 23, United States

12 Code, is amended in the second sentence by striking

13 ‘‘section 117 of this title’’ and inserting ‘‘section

14 106’’.

15 SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

16 (a) TRANSPORTATION ENHANCEMENT ACTIVITIES.—

17 Section 133 of title 23, United States Code, is amended—

18 (1) in subsection (d)—

19 (A) in paragraph (2), by striking ‘‘10’’ and

20 inserting ‘‘8’’; and

21 (B) in the first sentence of paragraph

22 (3)(A), by striking ‘‘80’’ and inserting ‘‘82’’;

23 and

24 (2) in subsection (e)—
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1 (A) in paragraph (3)(B)(i), by striking ‘‘if

2 the Secretary’’ and all that follows through ‘‘ac3 tivities’’; and

4 (B) in paragraph (5), by adding at the end

5 the following:

6 ‘‘(C) INNOVATIVE FINANCING.—

7 ‘‘(i) IN GENERAL.—For each fiscal

8 year, the average annual non-Federal

9 share of the total cost of all projects to

10 carry out transportation enhancement ac11 tivities in a State shall be not less than the

12 non-Federal share authorized for the State

13 under section 120(b).

14 ‘‘(ii) EXCEPTION.—Subject to clause

15 (i), notwithstanding section 120, in the

16 case of projects to carry out transportation

17 enhancement activities—

18 ‘‘(I) funds from other Federal

19 agencies, and other contributions that

20 the Secretary determines are of value,

21 may be credited toward the non-Fed22 eral share of project costs;

23 ‘‘(II) the non-Federal share may

24 be calculated on a project, multiple25 project, or program basis; and
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1 ‘‘(III) the Federal share of the

2 cost of an individual project subject to

3 subclause (I) or (II) may be equal to

4 100 percent.’’.

5 (b) PROGRAM APPROVAL.—Section 133(e) of title 23,

6 United States Code, is amended by striking paragraph (2)

7 and inserting the following:

8 ‘‘(2) PROGRAM APPROVAL.—

9 ‘‘(A) SUBMISSION OF PROJECT AGREE10 MENT.—For each fiscal year, each State shall

11 submit a project agreement that—

12 ‘‘(i) certifies that the State will meet

13 all the requirements of this section; and

14 ‘‘(ii) notifies the Secretary of the

15 amount of obligations needed to carry out

16 the program under this section.

17 ‘‘(B) REQUEST FOR ADJUSTMENTS OF

18 AMOUNTS.—As necessary, each State shall re19 quest from the Secretary adjustments to the

20 amount of obligations referred to in subpara21 graph (A)(ii).

22 ‘‘(C) EFFECT OF APPROVAL BY THE SEC23 RETARY.—Approval by the Secretary of a

24 project agreement under subparagraph (A)

25 shall be deemed a contractual obligation of the
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1 United States to pay surface transportation

2 program funds made available under this

3 title.’’.

4 (c) PAYMENTS.—Section 133(e)(3)(A) of title 23,

5 United States Code, is amended by striking the second

6 sentence.

7 SEC. 1224. DESIGN-BUILD CONTRACTING.

8 (a) AUTHORITY.—Section 112(b) of title 23, United

9 States Code, is amended—

10 (1) in the first sentence of paragraph (1), by

11 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs

12 (2) and (3)’’;

13 (2) in paragraph (2)(A), by striking ‘‘Each’’

14 and inserting ‘‘Subject to paragraph (3), each’’; and

15 (3) by adding at the end the following:

16 ‘‘(3) DESIGN-BUILD CONTRACTING.—

17 ‘‘(A) IN GENERAL.—A State transpor18 tation department may award a contract for the

19 design and construction of a qualified project

20 described in subparagraph (B) using competi21 tive selection procedures approved by the Sec22 retary.

23 ‘‘(B) QUALIFIED PROJECTS.—A qualified

24 project referred to in subparagraph (A) is a

25 project under this chapter that involves installa-
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1 tion of an intelligent transportation system or

2 that consists of a usable project segment and

3 for which—

4 ‘‘(i) the Secretary has approved the

5 use of design-build contracting described in

6 subparagraph (A) under criteria specified

7 in regulations promulgated by the Sec8 retary; and

9 ‘‘(ii) the total costs are estimated to

10 exceed—

11 ‘‘(I) in the case of a project that

12 involves installation of an intelligent

13 transportation system, $10,000,000

14 $5,000,000; and

15 ‘‘(II) in the case of a usable

16 project segment, $50,000,000.’’.

17 (b) COMPETITIVE BIDDING DEFINED.—Section 112

18 of title 23, United States Code, is amended by striking

19 subsection (f) and inserting the following:

20 ‘‘(f) COMPETITIVE BIDDING DEFINED.—In this sec21 tion, the term ‘competitive bidding’ means the procedures

22 used to award contracts for engineering and design serv23 ices under subsection (b)(2) and design-build contracts

24 under subsection (b)(3).’’.

25 (c) REGULATIONS.—
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1 (1) IN GENERAL.—Not later than the effective

2 date specified in subsection (e), the Secretary shall

3 promulgate regulations to carry out the amendments

4 made by this section.

5 (2) CONTENTS.—The regulations shall—

6 (A) identify the criteria to be used by the

7 Secretary in approving the use by a State

8 transportation department of design-build con9 tracting; and

10 (B) establish the procedures to be followed

11 by a State transportation department for ob12 taining the Secretary’s approval of the use of

13 design-build contracting by the department and

14 the selection procedures used by the depart15 ment.

16 (d) EFFECT ON EXPERIMENTAL PROGRAM.—Noth17 ing in this section or the amendments made by this section

18 affects the authority to carry out, or any project carried

19 out under, any experimental program concerning design20 build contracting that is being carried out by the Secretary

21 as of the date of enactment of this Act.

22 (e) EFFECTIVE DATE FOR AMENDMENTS.—The

23 amendments made by this section take effect 2 years after

24 the date of enactment of this Act.
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1 SEC. 1225. INTEGRATED DECISIONMAKING PROCESS.

2 (a) IN GENERAL.—Subchapter III of chapter 3 of title

3 49, United States Code, is amended by adding at the end

4 the following:

5 ‘‘§ 354. Integrated decisionmaking process

6 ‘‘(a) DEFINITIONS.—In this section:

7 ‘‘(1) INTEGRATED DECISIONMAKING PROCESS.—

8 The term ‘integrated decisionmaking process’ means

9 the integrated decisionmaking process established with

10 respect to a surface transportation project under sub11 section (b).

12 ‘‘(2) NEPA PROCESS.—The term ‘NEPA process’

13 means the process of complying with the requirements

14 of the National Environmental Policy Act of 1969 (42

15 U.S.C. 4321 et seq.) with respect to a surface trans16 portation project.

17 ‘‘(3) SECRETARY.—The term ‘Secretary’ means

18 the Secretary of Transportation.

19 ‘‘(4) SURFACE TRANSPORTATION PROJECT.—The

20 term ‘surface transportation project’ means—

21 ‘‘(A) a highway construction project that is

22 subject to the approval of the Secretary under

23 title 23; and

24 ‘‘(B) a capital project (as defined in section

25 5302(a)(1)).
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1 ‘‘(b) ESTABLISHMENT OF INTEGRATED DECISIONMAK2 ING PROCESSES FOR SURFACE TRANSPORTATION

3 PROJECTS.—The Secretary shall—

4 ‘‘(1) establish an integrated decisionmaking

5 process for surface transportation projects that des6 ignates major decision points likely to have signifi7 cant environmental effects and conflicts; and

8 ‘‘(2) integrate the requirements of the National

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

10 seq.) with the requirements established by the Sec11 retary for transportation planning and decisionmak12 ing.

13 ‘‘(c) INTEGRATED DECISIONMAKING GOALS.—The in14 tegrated decisionmaking process for surface transportation

15 projects should, to the maximum extent practicable, accom16 plish the following major goals:

17 ‘‘(1) Integrate the NEPA process with the plan18 ning, predesign stage, and decisionmaking for surface

19 transportation projects at the earliest possible time.

20 ‘‘(2) Integrate all applicable Federal, State, trib21 al, and local permitting requirements.

22 ‘‘(3) Integrate national transportation, social,

23 safety, economic, and environmental goals with State,

24 tribal, and local land use and growth management

25 initiatives.
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1 ‘‘(4) Consolidate Federal, State, tribal, and local

2 decisionmaking to achieve the best overall public in3 terest according to an agreed schedule.

4 ‘‘(d) STREAMLINING.—

5 ‘‘(1) AVOIDANCE OF DELAYS, PREVENTION OF

6 CONFLICTS, AND ELIMINATION OF UNNECESSARY DU7 PLICATION.—The Secretary shall design the integrated

8 decisionmaking process to avoid delays in decision9 making, prevent conflicts between cooperating agen10 cies and members of the public, and eliminate unnec11 essary duplication of review and decisionmaking re12 lating to surface transportation projects.

13 ‘‘(2) INTEGRATION; COMPREHENSIVE PROCESS.—

14 The NEPA process—

15 ‘‘(A) shall be integrated with the transpor16 tation planning and decisionmaking of the Fed17 eral, State, tribal, and local transportation agen18 cies; and

19 ‘‘(B) serve as a comprehensive decisionmak20 ing process.

21 ‘‘(3) OTHER REQUIREMENTS.—

22 ‘‘(A) IN GENERAL.—The Secretary shall—

23 ‘‘(i) establish a concurrent transpor24 tation and environmental coordination

25 process to reduce paperwork, combine re-
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1 view documents, and eliminate duplicative

2 reviews;

3 ‘‘(ii) develop interagency agreements to

4 streamline and improve interagency coordi5 nation and processing time;

6 ‘‘(iii) apply strategic and pro7 grammatic approaches to better integrate

8 and expedite the NEPA process and trans9 portation decisionmaking; and

10 ‘‘(iv) ensure, in appropriate cases, by

11 conducting concurrent reviews whenever

12 possible, that any analyses and reviews con13 ducted by the Secretary consider the needs

14 of other reviewing agencies.

15 ‘‘(B) TIME SCHEDULES.—To comply with

16 subparagraph (A)(ii), time schedules shall be

17 consistent with sections 1501.8 and 1506.10 of

18 title 40, Code of Federal Regulations (or any

19 successor regulations).

20 ‘‘(4) CONCURRENT PROCESSING.—

21 ‘‘(A) IN GENERAL.—The integrated deci22 sionmaking process shall, to the extent prac23 ticable, include a procedure to provide for con24 current (rather than sequential) processing of all
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1 Federal, State, tribal, and local reviews and de2 cisions emanating from those reviews.

3 ‘‘(B) INCONSISTENCY WITH OTHER RE4 QUIREMENTS.—Subparagraph (A) does not re5 quire concurrent review if concurrent review

6 would be inconsistent with other statutory or

7 regulatory requirements.

8 ‘‘(e) INTERAGENCY COOPERATION.—

9 ‘‘(1) LEAD AND COOPERATING AGENCY CON10 CEPTS.—The lead and cooperating agency concepts of

11 section 1501 of title 40, Code of Federal Regulations

12 (or any successor regulation), shall be considered es13 sential elements to ensure integration of transpor14 tation decisionmaking.

15 ‘‘(2) RESPONSIBILITIES.—The Secretary shall—

16 ‘‘(A) not later than 60 days after the date

17 on which a surface transportation project is se18 lected for study by a State, identify each Federal

19 agency that may be required to participate in

20 the integrated decisionmaking process relating to

21 the surface transportation project and notify the

22 agency of the surface transportation project;

23 ‘‘(B) afford State, regional, tribal, and local

24 governments with decisionmaking authority on
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1 surface transportation projects the opportunity

2 to serve as cooperating agencies;

3 ‘‘(C) provide cooperating agencies the re4 sults of any analysis or other information relat5 ed to a surface transportation project;

6 ‘‘(D) host an early scoping meeting for Fed7 eral agencies and, when appropriate, conduct

8 field reviews, as soon as practicable in the envi9 ronmental review process;

10 ‘‘(E) solicit from each cooperating agency

11 as early as practicable the data and analyses

12 necessary to facilitate execution of the duties of

13 each cooperating agency;

14 ‘‘(F) use, to the maximum extent possible,

15 scientific, technical, and environmental data and

16 analyses previously prepared by or for other

17 Federal, State, tribal, or local agencies, after an

18 independent evaluation by the Secretary of the

19 data and analyses;

20 ‘‘(G) jointly, with the cooperating agencies,

21 host public meetings and other community par22 ticipation processes; and

23 ‘‘(H) ensure that the NEPA process and

24 documentation provide all necessary information

25 for the cooperating agency to—
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1 ‘‘(i) discharge the responsibilities of the

2 cooperating agency under the National En3 vironmental Policy Act of 1969 (42 U.S.C.

4 4321 et seq.) and other law; and

5 ‘‘(ii) grant approvals, permits, licenses,

6 and clearances.

7 ‘‘(f) ENHANCED SCOPING PROCESS.—During the

8 scoping process for a surface transportation project, in ad9 dition to other statutory and regulatory requirements, the

10 Secretary shall, to the extent practicable—

11 ‘‘(1) provide the public with clearly understand12 able milestones that occur during an integrated deci13 sionmaking process;

14 ‘‘(2) ensure that all agencies with jurisdiction by

15 law or with special expertise have sufficient informa16 tion and data to discharge their responsibilities;

17 ‘‘(3) ensure that all agencies with jurisdiction by

18 law or with special expertise, and the public, are in19 vited to participate in the initial scoping process;

20 ‘‘(4) coordinate with other agencies to ensure

21 that the agencies provide to the Secretary, not later

22 than 30 days after the first interagency scoping meet23 ing, any preliminary concerns about how the pro24 posed project may affect matters within their jurisdic-
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1 tion or special expertise based on information avail2 able at the time of the scoping meeting; and

3 ‘‘(5) in cooperation with all cooperating agen4 cies, develop a schedule for conducting all necessary

5 environmental and other review processes.

6 ‘‘(g) USE OF TITLE 23 FUNDS.—

7 ‘‘(1) USE BY STATES.—A State may use funds

8 made available under section 104(b) or 105 of title 23

9 or section 1102(c) of the Intermodal Surface Trans10 portation Efficiency Act of 1997 to provide resources

11 to Federal or State agencies involved in the review or

12 permitting process for a surface transportation

13 project in order to meet a time schedule established

14 under this section.

15 ‘‘(2) USE AT SECRETARY’S DISCRETION.—At the

16 request of another Federal agency involved in the re17 view or permitting process for a surface transpor18 tation project, the Secretary may provide funds under

19 chapter 1 of title 23 to the agency to provide resources

20 necessary to meet the time schedules established under

21 this section.

22 ‘‘(2) AMOUNT.—Funds may be provided under

23 paragraph (1) in the amount by which the cost to

24 complete a environmental review in accordance with

25 a time schedule established under this section exceeds
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1 the cost that would be incurred if there were no such

2 time schedule.

3 ‘‘(3) NOT FINAL AGENCY ACTION.—The provision

4 of funds under paragraph (1) does not constitute a

5 final agency action.

6 ‘‘(h) STATE ROLE.—

7 ‘‘(1) IN GENERAL.—For any project eligible for

8 assistance under chapter 1 of title 23, a State may

9 require, by law or agreement coordinating with all re10 lated State agencies, that all State agencies that—

11 ‘‘(A) have jurisdiction by Federal or State

12 law over environmental, growth management, or

13 land-use related issues that may be affected by a

14 surface transportation project; or

15 ‘‘(B) have responsibility for issuing any en16 vironment related reviews, analyses, opinions, or

17 determinations;

18 be subject to the coordinated environmental review

19 process provided under this section in issuing any

20 analyses or approvals or taking any other action re21 lating to the project.

22 ‘‘(2) ALL AGENCIES.—If a State requires that

23 any State agency participate in a coordinated envi24 ronmental review process, the State shall require all

25 affected State agencies to participate.
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1 ‘‘(i) EARLY ACTION REGARDING POTENTIALLY INSUR2 MOUNTABLE OBSTACLES.—If, at any time during the inte3 grated decisionmaking process for a proposed surface trans4 portation project, a cooperating agency determines that

5 there is any potentially insurmountable obstacle associated

6 with any of the alternative transportation projects that

7 might be undertaken to address the obstacle, the Secretary

8 shall—

9 ‘‘(1) convene a meeting among the cooperating

10 agencies to address the obstacle;

11 ‘‘(2) initiate conflict resolution efforts under sub12 section (j); or

13 ‘‘(3) eliminate from consideration the alternative

14 transportation project with which the obstacle is asso15 ciated.

16 ‘‘(j) CONFLICT RESOLUTION.—

17 ‘‘(1) FORUM.—The NEPA process shall be used

18 as a forum to coordinate the actions of Federal, State,

19 regional, tribal, and local agencies, the private sector,

20 and the public to develop and shape surface transpor21 tation projects.

22 ‘‘(2) APPROACHES.—Collaborative, problem solv23 ing, and consensus building approaches shall be used

24 (and, when appropriate, mediation may be used) to

25 implement the integrated decisionmaking process with
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1 a goal of appropriately considering factors relating to

2 transportation development, economic prosperity, pro3 tection of public health and the environment, commu4 nity and neighborhood preservation, and quality of

5 life for present and future generations.

6 ‘‘(3) UNRESOLVED ISSUES.—

7 ‘‘(A) NOTIFICATION.—If, before the final

8 transportation NEPA document is approved—

9 ‘‘(i) an issue remains unresolved be10 tween the lead Federal agency and the co11 operating agency; and

12 ‘‘(ii) efforts have been exhausted to re13 solve the issue at the field levels of each

14 agency—

15 ‘‘(I) within the applicable time16 frame of the interagency schedule es17 tablished under subsection (f)(5); or

18 ‘‘(II) if no timeframe is estab19 lished, within 90 days;

20 the field level officer of the lead agency shall no21 tify the field level officer of the cooperating agen22 cy that the field level officer of the lead agency

23 intends to bring the issue to the personal atten24 tion of the heads of the agencies.
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1 ‘‘(B) EFFORTS BY THE AGENCY HEADS.—

2 The head of the lead agency shall contact the

3 head of the cooperating agency and attempt to

4 resolve the issue within 30 days after notifica5 tion by the field level officer of the unresolved

6 issue.

7 ‘‘(C) CONSULTATION WITH CEQ.—The heads

8 of the agencies are encouraged to consult with the

9 Chair of the Council on Environmental Quality

10 during the 30-day period under subparagraph

11 (B).

12 ‘‘(D) FAILURE TO RESOLVE.—If the heads

13 of the agencies do not resolve the issue within the

14 time specified in subparagraph (B), the referral

15 process under part 1504 of title 40, Code of Fed16 eral Regulations (or any successor regulation),

17 shall be initiated with respect to the issue.

18 ‘‘(k) JUDICIAL REVIEW.—Nothing in this section af19 fects the reviewability of any final agency action in a dis20 trict court of the United States or any State court.

21 ‘‘(l) STATUTORY CONSTRUCTION.—Nothing in this sec22 tion affects—

23 ‘‘(1) the applicability of the requirements of the

24 National Environmental Policy Act of 1969 (42

25 U.S.C. 4321 et seq.) or any other statute; or
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1 ‘‘(2) the responsibility of any Federal, State,

2 tribal, or local officer to comply with or enforce any

3 statute or regulation.’’.

4 (b) TIMETABLE; REPORT TO CONGRESS.—The Sec5 retary, in consultation with the Chair of the Council on

6 Environmental Quality and after notice and opportunity

7 for public comment—

8 (1) not later than 180 days after the date of en9 actment of this Act, shall design the integrated deci10 sionmaking process required by the amendment made

11 by subsection (a);

12 (2) not later than 1 year after the date of enact13 ment of this Act, shall promulgate a regulation gov14 erning implementation of an integrated decisionmak15 ing process in accordance with the amendment made

16 by subsection (a); and

17 (3) not later than 2 years after the date of enact18 ment of this Act, shall submit to Congress a report

19 identifying any additional legislative or other solu20 tions that would further enhance the integrated deci21 sionmaking process.

22 (c) CONFORMING AMENDMENT.—The analysis for sub23 chapter III of chapter 3 of title 49, United States Code,

24 is amended by adding at the end the following:

‘‘354. Integrated decisionmaking process.’’.
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1 CHAPTER 3—ELIGIBILITY AND

2 FLEXIBILITY

3 SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

4 Section 101(a) of title 23, United States Code, is

5 amended by striking the undesignated paragraph defining

6 ‘‘operational improvement’’ and inserting the following:

7 ‘‘The term ‘operational improvement’ means the in8 stallation, operation, or maintenance, in accordance with

9 subchapter II of chapter 5, of public infrastructure to sup10 port intelligent transportation systems and includes the in11 stallation or operation of any traffic management activity,

12 communication system, or roadway weather information

13 and prediction system, and any other improvement that

14 the Secretary may designate that enhances roadway safety

15 and mobility during adverse weather.’’.

16 SEC. 1232. ELIGIBILITY OF FERRY BOATS AND FERRY TER17 MINAL FACILITIES.

18 (a) IN GENERAL.—Section 129(c) of title 23, United

19 States Code, is amended by inserting ‘‘in accordance with

20 sections 103, 133, and 149,’’ after ‘‘toll or free,’’.

21 (b) NATIONAL HIGHWAY SYSTEM.—Section

22 103(b)(5) of title 23, United States Code (as amended by

23 section 1234), is amended by adding at the end the follow24 ing:
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1 ‘‘(R) Construction of ferry boats and ferry

2 terminal facilities, if the conditions described in

3 section 129(c) are met.’’.

4 (c) SURFACE TRANSPORTATION PROGRAM.—Section

5 133(b) of title 23, United States Code, is amended by add6 ing at the end the following:

7 ‘‘(12) Construction of ferry boats and ferry ter8 minal facilities, if the conditions described in section

9 129(c) are met.’’.

10 (d) CONGESTION MITIGATION AND AIR QUALITY IM11 PROVEMENT PROGRAM.—Section 149(b) of title 23, Unit12 ed States Code, is amended—

13 (1) in paragraph (3), by striking ‘‘or’’ at the

14 end;

15 (2) in paragraph (4), by striking the period at

16 the end and inserting ‘‘; or’’; and

17 (3) by adding at the end inserting after para18 graph (4) the following:

19 ‘‘(5) if the project or program is to construct a

20 ferry boat or ferry terminal facility and if the condi21 tions described in section 129(c) are met.’’.

22 SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.

23 Section 133(d) of title 23, United States Code, is

24 amended by striking paragraph (1) and inserting the fol25 lowing:
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1 ‘‘(1) SAFETY PROGRAMS.—

2 ‘‘(A) IN GENERAL.—With respect to funds

3 apportioned for each of fiscal years 1998

4 through 2003—

5 ‘‘(i) an amount equal to 2 percent of

6 the amount apportioned to a State under

7 section 104(b)(3) shall be available only to

8 carry out activities eligible under section

9 130;

10 ‘‘(ii) an amount equal to 2 percent of

11 the amount apportioned to a State under

12 section 104(b)(3) shall be available only to

13 carry out activities eligible under section

14 152; and

15 ‘‘(iii) an amount equal to 6 percent of

16 the amount apportioned to a State under

17 section 104(b)(3) shall be available only to

18 carry out activities eligible under section

19 130 or 152.

20 ‘‘(B) TRANSFER OF FUNDS.—If a State

21 certifies to the Secretary that any part of the

22 amount set aside by the State under subpara23 graph (A)(i) is in excess of the needs of the

24 State for activities under section 130 and the

25 Secretary accepts the certification, the State
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1 may transfer that excess part to the set-aside

2 of the State under subparagraph (A)(ii).

3 ‘‘(C) TRANSFERS TO OTHER SAFETY PRO4 GRAMS.—A State may transfer funds set aside

5 under subparagraph (A)(iii) to the apportion6 ment of the State under section 402 or the allo7 cation of the State under section 31104 of title

8 49.’’.

9 SEC. 1234. ELIGIBILITY OF PROJECTS ON THE NATIONAL

10 HIGHWAY SYSTEM.

11 Section 103(b) of title 23, United States Code (as

12 amended by section 1701(a)), is amended by adding at

13 the end the following:

14 ‘‘(5) ELIGIBLE PROJECTS FOR NHS.—Subject

15 to approval by the Secretary, funds apportioned to

16 a State under section 104(b)(1)(C) for the National

17 Highway System may be obligated for any of the fol18 lowing:

19 ‘‘(A) Construction, reconstruction, resur20 facing, restoration, and rehabilitation of seg21 ments of the National Highway System.

22 ‘‘(B) Operational improvements for seg23 ments of the National Highway System.

24 ‘‘(C) Construction of, and operational im25 provements for, a Federal-aid highway not on
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1 the National Highway System, construction of a

2 transit project eligible for assistance under

3 chapter 53 of title 49, and capital improve4 ments to any National Railroad Passenger Cor5 poration passenger rail line or any publicly6 owned intercity passenger rail line, if—

7 ‘‘(i) the highway, transit, or rail

8 project is in the same corridor as, and in

9 proximity to, a fully access-controlled high10 way designated as a part of the National

11 Highway System;

12 ‘‘(ii) the construction or improvements

13 will improve the level of service on the fully

14 access-controlled highway described in

15 clause (i) and improve regional traffic flow;

16 and

17 ‘‘(iii) the construction or improve18 ments are more cost-effective than an im19 provement to the fully access-controlled

20 highway described in clause (i).

21 ‘‘(D) Highway safety improvements for

22 segments of the National Highway System.

23 ‘‘(E) Transportation planning in accord24 ance with sections 134 and 135.
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1 ‘‘(F) Highway research and planning in

2 accordance with chapter 5.

3 ‘‘(G) Highway-related technology transfer

4 activities.

5 ‘‘(H) Capital and operating costs for traf6 fic monitoring, management, and control facili7 ties and programs.

8 ‘‘(I) Fringe and corridor parking facilities.

9 ‘‘(J) Carpool and vanpool projects.

10 ‘‘(K) Bicycle transportation and pedestrian

11 walkways in accordance with section 217.

12 ‘‘(L) Development, establishment, and im13 plementation of management systems under

14 section 303.

15 ‘‘(M) In accordance with all applicable

16 Federal law (including regulations), participa17 tion in natural habitat and wetland mitigation

18 efforts related to projects funded under this

19 title, which may include participation in natural

20 habitat and wetland mitigation banks, contribu21 tions to statewide and regional efforts to con22 serve, restore, enhance, and create natural habi23 tats and wetland, and development of statewide

24 and regional natural habitat and wetland con25 servation and mitigation plans, including any
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1 such banks, efforts, and plans authorized under

2 the Water Resources Development Act of 1990

3 (Public Law 101–640) (including crediting pro4 visions). Contributions to the mitigation efforts

5 described in the preceding sentence may take

6 place concurrent with or in advance of project

7 construction, except that contributions in ad8 vance of project construction may occur only if

9 the efforts are consistent with all applicable re10 quirements of Federal law (including regula11 tions) and State transportation planning proc12 esses.

13 ‘‘(N) Publicly-owned intracity or intercity

14 passenger rail or bus terminals, including ter15 minals of the National Railroad Passenger Cor16 poration and publicly-owned intermodal surface

17 freight transfer facilities, other than seaports

18 and airports, if the terminals and facilities are

19 located on or adjacent to National Highway

20 System routes or connections to the National

21 Highway System selected in accordance with

22 subsection (b) paragraph (2).

23 ‘‘(O) Infrastructure-based intelligent trans24 portation systems capital improvements.
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1 ‘‘(P) In the Virgin Islands, Guam, Amer2 ican Samoa, and the Commonwealth of the

3 Northern Mariana Islands, any project eligible

4 for funding under section 133, any airport, and

5 any seaport.

6 ‘‘(Q) Publicly owned components of mag7 netic levitation transportation systems.’’.

8 SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SUR9 FACE TRANSPORTATION PROGRAM.

10 Section 133(b) of title 23, United States Code (as

11 amended by section 1232(c)), is amended—

12 (1) in paragraph (2), by striking ‘‘and publicly

13 owned intracity or intercity bus terminals and facili14 ties’’ and inserting ‘‘, including vehicles and facili15 ties, whether publicly or privately owned, that are

16 used to provide intercity passenger service by bus or

17 rail’’;

18 (2) in paragraph (3)—

19 (A) by striking ‘‘and bicycle’’ and inserting

20 ‘‘bicycle’’; and

21 (B) by inserting before the period at the

22 end the following: ‘‘, and the modification of

23 public sidewalks to comply with the Americans

24 with Disabilities Act of 1990 (42 U.S.C. 12101

25 et seq.)’’;
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1 (3) in paragraph (4)—

2 (A) by inserting ‘‘, publicly owned pas3 senger rail,’’ after ‘‘Highway’’;

4 (B) by inserting ‘‘infrastructure’’ after

5 ‘‘safety’’; and

6 (C) by inserting before the period at the

7 end the following: ‘‘, and any other noninfra8 structure highway safety improvements’’;

9 (4) in the first sentence of paragraph (11)—

10 (A) by inserting ‘‘natural habitat and’’

11 after ‘‘participation in’’ each place it appears;

12 (B) by striking ‘‘enhance and create’’ and

13 inserting ‘‘enhance, and create natural habitats

14 and’’; and

15 (C) by inserting ‘‘natural habitat and’’ be16 fore ‘‘wetlands conservation’’; and

17 (5) by adding at the end the following:

18 ‘‘(13) Publicly owned intercity passenger rail

19 infrastructure, including infrastructure owned by the

20 National Railroad Passenger Corporation.

21 ‘‘(14) Publicly owned passenger rail vehicles, in22 cluding vehicles owned by the National Railroad

23 Passenger Corporation.

24 ‘‘(15) Infrastructure-based intelligent transpor25 tation systems capital improvements.
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1 ‘‘(16) Publicly owned components of magnetic

2 levitation transportation systems.’’. systems.

3 ‘‘(17) Environmental restoration and pollution

4 abatement projects (including the retrofit or construc5 tion of storm water treatment systems) to address

6 water pollution or environmental degradation caused

7 or contributed to by transportation facilities, which

8 projects shall be carried out when the transportation

9 facilities are undergoing reconstruction, rehabilita10 tion, resurfacing, or restoration; except that the ex11 penditure of funds under this section for any such en12 vironmental restoration or pollution abatement

13 project shall not exceed 20 percent of the total cost of

14 the reconstruction, rehabilitation, resurfacing, or res15 toration project.’’.

16 SEC. 1236. DESIGN FLEXIBILITY.

17 Section 109 of title 23, United States Code, is

18 amended by striking subsection (a) and inserting the fol19 lowing:

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) REQUIREMENTS FOR FACILITIES.—The

22 Secretary shall ensure that the plans and specifica23 tions for each proposed highway project under this

24 chapter provide for a facility that will—
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1 ‘‘(A) adequately serve the existing traffic

2 of the highway in a manner that is conducive

3 to safety, durability, and economy of mainte4 nance; and

5 ‘‘(B) be designed and constructed in ac6 cordance with criteria best suited to accomplish

7 the objectives described in subparagraph (A)

8 and to conform to the particular needs of each

9 locality.

10 ‘‘(2) CONSIDERATION OF PLANNED FUTURE

11 TRAFFIC DEMANDS.—In carrying out paragraph (1),

12 the Secretary shall ensure the consideration of the

13 planned future traffic demands of the facility.’’.

14 Subtitle C—Finance

15 CHAPTER 1—GENERAL PROVISIONS

16 SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

17 (a) IN GENERAL.—Chapter 1 of title 23, United

18 States Code, is amended by adding at the end the follow19 ing:

20 ‘‘§ 162. State infrastructure bank program

21 ‘‘(a) DEFINITIONS.—In this section:

22 ‘‘(1) OTHER ASSISTANCE.—The term ‘other as23 sistance’ includes any use of funds in an infrastruc24 ture bank—

25 ‘‘(A) to provide credit enhancements;
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1 ‘‘(B) to serve as a capital reserve for bond

2 or debt instrument financing;

3 ‘‘(C) to subsidize interest rates;

4 ‘‘(D) to ensure the issuance of letters of

5 credit and credit instruments;

6 ‘‘(E) to finance purchase and lease agree7 ments with respect to transit projects;

8 ‘‘(F) to provide bond or debt financing in9 strument security; and

10 ‘‘(G) to provide other forms of debt financ11 ing and methods of leveraging funds that are

12 approved by the Secretary and that relate to

13 the project with respect to which the assistance

14 is being provided.

15 ‘‘(2) STATE.—The term ‘State’ has the mean16 ing given the term under section 401.

17 ‘‘(b) COOPERATIVE AGREEMENTS.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) PURPOSE OF AGREEMENTS.—Subject

20 to this section, the Secretary may enter into co21 operative agreements with States for the estab22 lishment of State infrastructure banks and

23 multistate infrastructure banks for making

24 loans and providing other assistance to public

25 and private entities carrying out or proposing to
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1 carry out projects eligible for assistance under

2 this section.

3 ‘‘(B) CONTENTS OF AGREEMENTS.—Each

4 cooperative agreement shall specify procedures

5 and guidelines for establishing, operating, and

6 providing assistance from the infrastructure

7 bank.

8 ‘‘(2) INTERSTATE COMPACTS.—If 2 or more

9 States enter into a cooperative agreement under

10 paragraph (1) with the Secretary for the establish11 ment of a multistate infrastructure bank, Congress

12 grants consent to those States to enter into an inter13 state compact establishing the bank in accordance

14 with this section.

15 ‘‘(c) FUNDING.—

16 ‘‘(1) CONTRIBUTION.—Notwithstanding any

17 other provision of law, the Secretary may allow, sub18 ject to subsection (h)(1), a State that enters into a

19 cooperative agreement under this section to contrib20 ute to the infrastructure bank established by the

21 State not to exceed—

22 ‘‘(A)(i) the total amount of funds appor23 tioned to the State under each of paragraphs

24 (1) and (3) of section 104(b), excluding funds
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1 set aside under paragraphs (1) and (2) of sec2 tion 133(d); and

3 ‘‘(ii) the total amount of funds allocated to

4 the State under section 105 and under section

5 1102 of the Intermodal Surface Transportation

6 Efficiency Act of 1997;

7 ‘‘(B) the total amount of funds made avail8 able to the State or other Federal transit grant

9 recipient for capital projects (as defined in sec10 tion 5302 of title 49) under sections 5307,

11 5309, and 5311 of title 49; and

12 ‘‘(C) the total amount of funds made avail13 able to the State under subtitle V of title 49.

14 ‘‘(2) CAPITALIZATION GRANT.—For the pur15 poses of this section, Federal funds contributed to

16 the infrastructure bank under this subsection shall

17 constitute a capitalization grant for the infrastruc18 ture bank.

19 ‘‘(3) SPECIAL RULE FOR URBANIZED AREAS OF

20 OVER 200,000.—Funds that are apportioned or allo21 cated to a State under section 104(b)(3) and attrib22 uted to urbanized areas of a State with a population

23 of over 200,000 individuals under section 133(d)(2)

24 may be used to provide assistance from an infra25 structure bank under this section with respect to a
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1 project only if the metropolitan planning organiza2 tion designated for the area concurs, in writing, with

3 the provision of the assistance.

4 ‘‘(d) FORMS OF ASSISTANCE FROM INFRASTRUC5 TURE BANKS.—

6 ‘‘(1) IN GENERAL.—An infrastructure bank es7 tablished under this section may make loans or pro8 vide other assistance to a public or private entity in

9 an amount equal to all or part of the cost of carry10 ing out a project eligible for assistance under this

11 section.

12 ‘‘(2) SUBORDINATION OF LOANS.—The amount

13 of any loan or other assistance provided for the

14 project may be subordinated to any other debt fi15 nancing for the project.

16 ‘‘(3) INITIAL ASSISTANCE.—Initial assistance

17 provided with respect to a project from Federal

18 funds contributed to an infrastructure bank under

19 this section shall not be made in the form of a

20 grant.

21 ‘‘(e) QUALIFYING PROJECTS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 Federal funds in an infrastructure bank established

24 under this section may be used only to provide as25 sistance with respect to projects eligible for assist-
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1 ance under this title, or for capital projects (as de2 fined in section 5302 of title 49), or for any other

3 project that the Secretary determines to be appro4 priate.

5 ‘‘(2) INTERSTATE FUNDS.—Funds contributed

6 to an infrastructure bank from funds apportioned to

7 a State under subparagraph (A) or (B) of section

8 104(b)(1) may be used only to provide assistance

9 with respect to projects eligible for assistance under

10 those subparagraphs.

11 ‘‘(3) RAIL PROGRAM FUNDS.—Funds contrib12 uted to an infrastructure bank from funds made

13 available to a State under subtitle V of title 49 shall

14 be used in a manner consistent with any project de15 scription specified under the law making the funds

16 available to the State.

17 ‘‘(f) INFRASTRUCTURE BANK REQUIREMENTS.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

19 in order to establish an infrastructure bank under

20 this section, each State establishing such a bank

21 shall—

22 ‘‘(A) contribute, at a minimum, to the

23 bank from non-Federal sources an amount

24 equal to 25 percent of the amount of each cap-
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1 italization grant made to the State and contrib2 uted to the bank under subsection (c);

3 ‘‘(B) ensure that the bank maintains on a

4 continuing basis an investment grade rating on

5 its debt issuances and its ability to pay claims

6 under credit enhancement programs of the

7 bank;

8 ‘‘(C) ensure that investment income gen9 erated by funds contributed to the bank will

10 be—

11 ‘‘(i) credited to the bank;

12 ‘‘(ii) available for use in providing

13 loans and other assistance to projects eligi14 ble for assistance from the bank; and

15 ‘‘(iii) invested in United States Treas16 ury securities, bank deposits, or such other

17 financing instruments as the Secretary

18 may approve to earn interest to enhance

19 the leveraging of projects assisted by the

20 bank;

21 ‘‘(D) ensure that any loan from the bank

22 will bear interest at or below market rates, as

23 determined by the State, to make the project

24 that is the subject of the loan feasible;
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1 ‘‘(E) ensure that repayment of the loan

2 from the bank will commence not later than 5

3 years after the project has been completed or,

4 in the case of a highway project, the facility has

5 opened to traffic, whichever is later;

6 ‘‘(F) ensure that the term for repaying any

7 loan will not exceed the lesser of—

8 ‘‘(i) 35 years after the date of the

9 first payment on the loan under subpara10 graph (E); or

11 ‘‘(ii) the useful life of the investment;

12 and

13 ‘‘(G) require the bank to make a biennial

14 report to the Secretary and to make such other

15 reports as the Secretary may require in guide16 lines.

17 ‘‘(2) WAIVERS BY THE SECRETARY.—The Sec18 retary may waive a requirement of any of subpara19 graphs (C) through (G) of paragraph (1) with re20 spect to an infrastructure bank if the Secretary de21 termines that the waiver is consistent with the objec22 tives of this section.

23 ‘‘(g) LIMITATION ON REPAYMENTS.—Notwithstand24 ing any other provision of law, the repayment of a loan

25 or other assistance provided from an infrastructure bank
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1 under this section may not be credited toward the non2 Federal share of the cost of any project.

3 ‘‘(h) SECRETARIAL REQUIREMENTS.—In administer4 ing this section, the Secretary shall—

5 ‘‘(1) ensure that Federal disbursements shall be

6 at an annual rate of not more than 20 percent of

7 the amount designated by the State for State infra8 structure bank capitalization under subsection

9 (c)(1), except that the Secretary may disburse funds

10 to a State in an amount needed to finance a specific

11 project; and

12 ‘‘(2) revise cooperative agreements entered into

13 with States under section 350 of the National High14 way System Designation Act of 1995 (Public Law

15 104–59) to comply with this section.

16 ‘‘(i) APPLICABILITY OF FEDERAL LAW.—

17 ‘‘(1) IN GENERAL.—The requirements of this

18 title or title 49 that would otherwise apply to funds

19 made available under that title and projects assisted

20 with those funds shall apply to—

21 ‘‘(A) funds made available under that title

22 and contributed to an infrastructure bank es23 tablished under this section, including the non24 Federal contribution required under section (f);

25 and
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1 ‘‘(B) projects assisted by the bank through

2 the use of the funds;

3 except to the extent that the Secretary determines

4 that any requirement of that title (other than sec5 tions 113 and 114 of this title and section 5333 of

6 title 49) is not consistent with the objectives of this

7 section.

8 ‘‘(2) REPAYMENTS.—The requirements of this

9 title or title 49 shall not apply to repayments from

10 non-Federal sources to an infrastructure bank from

11 projects assisted by the bank. Such a repayment

12 shall not be considered to be Federal funds.

13 ‘‘(j) UNITED STATES NOT OBLIGATED.—

14 ‘‘(1) IN GENERAL.—The contribution of Fed15 eral funds to an infrastructure bank established

16 under this section shall not be construed as a com17 mitment, guarantee, or obligation on the part of the

18 United States to any third party. No third party

19 shall have any right against the United States for

20 payment solely by virtue of the contribution.

21 ‘‘(2) STATEMENT.—Any security or debt fi22 nancing instrument issued by the infrastructure

23 bank shall expressly state that the security or in24 strument does not constitute a commitment, guaran25 tee, or obligation of the United States.
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1 ‘‘(k) MANAGEMENT OF FEDERAL FUNDS.—Sections

2 3335 and 6503 of title 31, United States Code, shall not

3 apply to funds contributed under this section.

4 ‘‘(l) PROGRAM ADMINISTRATION.—

5 ‘‘(1) IN GENERAL.—A State may expend not to

6 exceed 2 percent of the Federal funds contributed to

7 an infrastructure bank established by the State

8 under this section to pay the reasonable costs of ad9 ministering the bank.

10 ‘‘(2) NON-FEDERAL FUNDS.—The limitation de11 scribed in paragraph (1) shall not apply to non-Fed12 eral funds.’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 1 of title 23, United States Code, is amended by

15 adding at the end the following:

‘‘162. State infrastructure bank program.’’.

16 CHAPTER 2—TRANSPORTATION INFRA17 STRUCTURE FINANCE AND INNOVA18 TION

19 SEC. 1311. SHORT TITLE.

20 This chapter may be cited as the ‘‘Transportation In21 frastructure Finance and Innovation Act of 1997’’.

22 SEC. 1312. FINDINGS.

23 Congress finds that—

24 (1) a well-developed system of transportation

25 infrastructure is critical to the economic well-being,
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1 health, and welfare of the people of the United

2 States;

3 (2) traditional public funding techniques such

4 as grant programs are unable to keep pace with the

5 infrastructure investment needs of the United States

6 because of budgetary constraints at the Federal,

7 State, and local levels of government;

8 (3) major transportation infrastructure facilities

9 that address critical national needs, such as inter10 modal facilities, border crossings, and multistate

11 trade corridors, are of a scale that exceeds the ca12 pacity of Federal and State assistance programs in

13 effect on the date of enactment of this Act;

14 (4) new investment capital can be attracted to

15 infrastructure projects that are capable of generat16 ing their own revenue streams through user charges

17 or other dedicated funding sources; and

18 (5) a Federal credit program for projects of na19 tional significance can complement existing funding

20 resources by filling market gaps, thereby leveraging

21 substantial private co-investment.

22 SEC. 1313. DEFINITIONS.

23 In this chapter:

24 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli25 gible project costs’’ means amounts substantially all
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1 of which are paid by, or for the account of, an obli2 gor in connection with a project, including the cost

3 of—

4 (A) development phase activities, including

5 planning, feasibility analysis, revenue forecast6 ing, environmental review, permitting, prelimi7 nary engineering and design work, and other

8 preconstruction activities;

9 (B) construction, reconstruction, rehabili10 tation, replacement, and acquisition of real

11 property (including land related to the project

12 and improvements to land), environmental miti13 gation, construction contingencies, and acquisi14 tion of equipment; and

15 (C) interest during construction, reason16 ably required reserve funds, capital issuance ex17 penses, and other carrying costs during con18 struction.

19 (2) FEDERAL CREDIT INSTRUMENT.—The term

20 ‘‘Federal credit instrument’’ means a secured loan,

21 loan guarantee, or line of credit authorized to be

22 made available under this chapter with respect to a

23 project.

24 (3) LENDER.—The term ‘‘lender’’ means any

25 non-Federal qualified institutional buyer (as defined
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1 in section 230.144A(a) of title 17, Code of Federal

2 Regulations (or any successor regulation), known as

3 Rule 144A(a) of the Securities and Exchange Com4 mission and issued under the Securities Act of 1933

5 (15 U.S.C. 77a et seq.)), including—

6 (A) a qualified retirement plan (as defined

7 in section 4974(c) of the Internal Revenue Code

8 of 1986) that is a qualified institutional buyer;

9 and

10 (B) a governmental plan (as defined in

11 section 414(d) of the Internal Revenue Code of

12 1986) that is a qualified institutional buyer.

13 (4) LINE OF CREDIT.—The term ‘‘line of cred14 it’’ means an agreement entered into by the Sec15 retary with an obligor under section 1316 to provide

16 a direct loan at a future date upon the occurrence

17 of certain events.

18 (5) LOAN GUARANTEE.—The term ‘‘loan guar19 antee’’ means any guarantee or other pledge by the

20 Secretary to pay all or part of the principal of and

21 interest on a loan or other debt obligation issued by

22 an obligor and funded by a lender.

23 (6) LOCAL SERVICER.—The term ‘‘local

24 servicer’’ means—
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1 (A) a State infrastructure bank established

2 under title 23, United States Code; or

3 (B) a State or local government or any

4 agency of a State or local government that is

5 responsible for servicing a Federal credit instru6 ment on behalf of the Secretary.

7 (7) OBLIGOR.—The term ‘‘obligor’’ means a

8 party primarily liable for payment of the principal of

9 or interest on a Federal credit instrument, which

10 party may be a corporation, partnership, joint ven11 ture, trust, or governmental entity, agency, or in12 strumentality.

13 (8) PROJECT.—The term ‘‘project’’ means any

14 surface transportation project eligible for Federal

15 assistance under title 23 or chapter 53 of title 49,

16 United States Code.

17 (9) PROJECT OBLIGATION.—The term ‘‘project

18 obligation’’ means any note, bond, debenture, or

19 other debt obligation issued by an obligor in connec20 tion with the financing of a project, other than a

21 Federal credit instrument.

22 (10) SECURED LOAN.—The term ‘‘secured

23 loan’’ means a direct loan or other debt obligation

24 issued by an obligor and funded by the Secretary in
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1 connection with the financing of a project under sec2 tion 1315.

3 (11) STATE.—The term ‘‘State’’ has the mean4 ing given the term in section 101 of title 23, United

5 States Code.

6 (12) SUBSTANTIAL COMPLETION.—The term

7 ‘‘substantial completion’’ means the opening of a

8 project to vehicular or passenger traffic.

9 SEC. 1314. DETERMINATION OF ELIGIBILITY AND PROJECT

10 SELECTION.

11 (a) ELIGIBILITY.—To be eligible to receive financial

12 assistance under this chapter, a project shall meet the fol13 lowing criteria:

14 (1) INCLUSION IN TRANSPORTATION PLANS

15 AND PROGRAMS.—The project—

16 (A) shall be included in the State transpor17 tation plan required under section 135 of title

18 23, United States Code; and

19 (B) at such time as an agreement to make

20 available a Federal credit instrument is entered

21 into under this chapter, shall be included in the

22 approved State transportation improvement

23 program required under section 134 of that

24 title.
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1 (2) APPLICATION.—A State, a local servicer

2 identified under section 1317(a), or the entity un3 dertaking the project shall submit a project applica4 tion to the Secretary.

5 (3) ELIGIBLE PROJECT COSTS.—

6 (A) IN GENERAL.—Except as provided in

7 subparagraph (B), to be eligible for assistance

8 under this chapter, a project shall have eligible

9 project costs that are reasonably anticipated to

10 equal or exceed the lesser of—

11 (i) $100,000,000; or

12 (ii) 50 percent of the amount of Fed13 eral-aid highway funds apportioned for the

14 most recently-completed fiscal year under

15 title 23, United States Code, to the State

16 in which the project is located.

17 (B) INTELLIGENT TRANSPORTATION SYS18 TEM PROJECTS.—In the case of a project in19 volving the installation of an intelligent trans20 portation system, eligible project costs shall be

21 reasonably anticipated to equal or exceed

22 $30,000,000.

23 (4) DEDICATED REVENUE SOURCES.—Project

24 financing shall be repayable in whole or in part by

25 user charges or other dedicated revenue sources.
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1 (5) PUBLIC SPONSORSHIP OF PRIVATE ENTI2 TIES.—In the case of a project that is undertaken

3 by an entity that is not a State or local government

4 or an agency or instrumentality of a State or local

5 government, the project that the entity is undertak6 ing shall be publicly sponsored as provided in para7 graphs (1) and (2).

8 (b) SELECTION AMONG ELIGIBLE PROJECTS.—

9 (1) ESTABLISHMENT.—The Secretary shall es10 tablish criteria for selecting among projects that

11 meet the eligibility criteria specified in subsection

12 (a).

13 (2) SELECTION CRITERIA.—The selection cri14 teria shall include the following:

15 (A) The extent to which the project is na16 tionally or regionally significant, in terms of

17 generating economic benefits, supporting inter18 national commerce, or otherwise enhancing the

19 national transportation system.

20 (B) The creditworthiness of the project, in21 cluding a determination by the Secretary that

22 any financing for the project has appropriate

23 security features, such as a rate covenant, to

24 ensure repayment. The Secretary shall require

25 each project applicant to provide a preliminary
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1 rating opinion letter from a nationally recog2 nized bond rating agency.

3 (C) The extent to which assistance under

4 this chapter would foster innovative public-pri5 vate partnerships and attract private debt or

6 equity investment.

7 (D) The likelihood that assistance under

8 this chapter would enable the project to proceed

9 at an earlier date than the project would other10 wise be able to proceed.

11 (E) The extent to which the project uses

12 new technologies, including intelligent transpor13 tation systems, that enhance the efficiency of

14 the project.

15 (F) The amount of budget authority re16 quired to fund the Federal credit instrument

17 made available under this chapter.

18 (c) FEDERAL REQUIREMENTS.—The following provi19 sions of law shall apply to funds made available under this

20 chapter and projects assisted with the funds:

21 (1) Section 113 of title 23, United States Code.

22 (2) (1) Title VI of the Civil Rights Act of 1964

23 (42 U.S.C. 2000d et seq.).

24 (3) (2) The National Environmental Policy Act

25 of 1969 (42 U.S.C. 4321 et seq.).
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1 (4) (3) The Uniform Relocation Assistance and

2 Real Property Acquisition Policies Act of 1970 (42

3 U.S.C. 4601 et seq.).

4 (5) Section 5333 of title 49, United States

5 Code.

6 SEC. 1315. SECURED LOANS.

7 (a) IN GENERAL.—

8 (1) AGREEMENTS.—Subject to paragraphs (2)

9 and (3), the Secretary may enter into agreements

10 with 1 or more obligors to make secured loans, the

11 proceeds of which shall be used—

12 (A) to finance eligible project costs; or

13 (B) to refinance interim construction fi14 nancing of eligible project costs;

15 of any project selected under section 1314.

16 (2) LIMITATION ON REFINANCING OF INTERIM

17 CONSTRUCTION FINANCING.—A loan under para18 graph (1) shall not refinance interim construction fi19 nancing under paragraph (1)(B) later than 1 year

20 after the date of substantial completion of the

21 project.

22 (3) AUTHORIZATION PERIOD.—The Secretary

23 may enter into a loan agreement during any of fiscal

24 years 1998 through 2003.

25 (b) TERMS AND LIMITATIONS.—
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1 (1) IN GENERAL.—A secured loan under this

2 section with respect to a project shall be on such

3 terms and conditions and contain such covenants,

4 representations, warranties, and requirements (in5 cluding requirements for audits) as the Secretary de6 termines appropriate.

7 (2) MAXIMUM AMOUNT.—The amount of the se8 cured loan shall not exceed 33 percent of the reason9 ably anticipated eligible project costs.

10 (3) PAYMENT.—The secured loan—

11 (A) shall be payable, in whole or in part,

12 from revenues generated by any rate covenant,

13 coverage requirement, or similar security fea14 ture supporting the project obligations or from

15 a dedicated revenue stream; and

16 (B) may have a lien on revenues described

17 in subparagraph (A) subject to any lien secur18 ing project obligations.

19 (4) INTEREST RATE.—The interest rate on the

20 secured loan shall be equal to the yield on market21 able United States Treasury securities of a similar

22 maturity to the maturity of the secured loan on the

23 date of execution of the loan agreement.

24 (5) MATURITY DATE.—The final maturity date

25 of the secured loan shall be not later than 35 years
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1 after the date of substantial completion of the

2 project.

3 (6) NONSUBORDINATION.—The secured loan

4 shall not be subordinated to the claims of any holder

5 of project obligations in the event of bankruptcy, in6 solvency, or liquidation of the obligor.

7 (7) FEES.—The Secretary may establish fees at

8 a level sufficient to cover the costs to the Federal

9 Government of making a secured loan under this

10 section.

11 (c) REPAYMENT.—

12 (1) SCHEDULE.—The Secretary shall establish

13 a repayment schedule for each secured loan under

14 this section based on the projected cash flow from

15 project revenues and other repayment sources.

16 (2) COMMENCEMENT.—Scheduled loan repay17 ments of principal or interest on a secured loan

18 under this section shall commence not later than 5

19 years after the date of substantial completion of the

20 project.

21 (3) SOURCES OF REPAYMENT FUNDS.—The

22 sources of funds for scheduled loan repayments

23 under this section shall include tolls, user fees, or

24 other dedicated revenue sources.

25 (4) DEFERRED PAYMENTS.—
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1 (A) AUTHORIZATION.—If, at any time dur2 ing the 10 years after the date of substantial

3 completion of the project, the project is unable

4 to generate sufficient revenues to pay scheduled

5 principal and interest on the secured loan, the

6 Secretary may, pursuant to established criteria

7 for the project agreed to by the entity under8 taking the project and the Secretary, allow the

9 obligor to add unpaid principal and interest to

10 the outstanding balance of the secured loan.

11 (B) INTEREST.—Any payment deferred

12 under subparagraph (A) shall—

13 (i) continue to accrue interest in ac14 cordance with subsection (b)(4) until fully

15 repaid; and

16 (ii) be scheduled to be amortized over

17 the remaining term of the loan beginning

18 not later than 10 years after the date of

19 substantial completion of the project in ac20 cordance with paragraph (1).

21 (5) PREPAYMENT.—

22 (A) USE OF EXCESS REVENUES.—Any ex23 cess revenues that remain after satisfying

24 scheduled debt service requirements on the

25 project obligations and secured loan and all de-
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1 posit requirements under the terms of any trust

2 agreement, bond resolution, or similar agree3 ment securing project obligations may be ap4 plied annually to prepay the secured loan with5 out penalty.

6 (B) USE OF PROCEEDS OF REFINANC7 ING.—The secured loan may be prepaid at any

8 time without penalty from the proceeds of refi9 nancing from non-Federal funding sources.

10 (d) SALE OF SECURED LOANS.—As soon as prac11 ticable after substantial completion of a project, the Sec12 retary shall sell to another entity or reoffer into the capital

13 markets a secured loan for the project if the Secretary

14 determines that the sale or reoffering can be made on fa15 vorable terms.

16 (e) LOAN GUARANTEES.—

17 (1) IN GENERAL.—The Secretary may provide a

18 loan guarantee to a lender in lieu of making a se19 cured loan if the Secretary determines that the

20 budgetary cost of the loan guarantee is substantially

21 the same as that of a secured loan.

22 (2) TERMS.—The terms of a guaranteed loan

23 shall be consistent with the terms set forth in this

24 section for a secured loan, except that the rate on

25 the guaranteed loan and any prepayment features
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1 shall be negotiated between the obligor and the lend2 er, with the consent of the Secretary.

3 SEC. 1316. LINES OF CREDIT.

4 (a) IN GENERAL.—

5 (1) AGREEMENTS.—The Secretary may enter

6 into agreements to make available lines of credit to

7 1 or more obligors in the form of direct loans to be

8 made by the Secretary at future dates on the occur9 rence of certain events for any project selected under

10 section 1314.

11 (2) USE OF PROCEEDS.—The proceeds of a line

12 of credit made available under this section shall be

13 available to pay debt service on project obligations

14 issued to finance eligible project costs, extraordinary

15 repair and replacement costs, operation and mainte16 nance expenses, and costs associated with unex17 pected Federal or State environmental restrictions.

18 (b) TERMS AND LIMITATIONS.—

19 (1) IN GENERAL.—A line of credit under this

20 section with respect to a project shall be on such

21 terms and conditions and contain such covenants,

22 representations, warranties, and requirements (in23 cluding requirements for audits) as the Secretary de24 termines appropriate.

25 (2) MAXIMUM AMOUNTS.—
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1 (A) TOTAL AMOUNT.—The total amount of

2 the line of credit shall not exceed 33 percent of

3 the reasonably anticipated eligible project costs.

4 (B) ONE-YEAR DRAWS.—The amount

5 drawn in any 1 year shall not exceed 20 percent

6 of the total amount of the line of credit.

7 (3) DRAWS.—Any draw on the line of credit

8 shall represent a direct loan and shall be made only

9 if net revenues from the project (including capital10 ized interest, any debt service reserve fund, and any

11 other available reserve) are insufficient to pay debt

12 service on project obligations the costs specified in

13 subsection (a)(2).

14 (4) INTEREST RATE.—The interest rate on a

15 direct loan resulting from a draw on the line of cred16 it shall be equal to not less than the yield on 30-year

17 marketable United States Treasury securities as of

18 the date on which the line of credit is obligated.

19 (5) SECURITY.—The line of credit—

20 (A) shall be made available only in connec21 tion with a project obligation secured, in whole

22 or in part, by a rate covenant, coverage require23 ment, or similar security feature or from a

24 dedicated revenue stream; and
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1 (B) may have a lien on revenues described

2 in subparagraph (A) subject to any lien secur3 ing project obligations.

4 (6) PERIOD OF AVAILABILITY.—The line of

5 credit shall be available during the period beginning

6 on the date of substantial completion of the project

7 and ending not later than 10 years after that date.

8 (7) RIGHTS OF THIRD PARTY CREDITORS.—

9 (A) AGAINST FEDERAL GOVERNMENT.—A

10 third party creditor of the obligor shall not have

11 any right against the Federal Government with

12 respect to any draw on the line of credit.

13 (B) ASSIGNMENT.—An obligor may assign

14 the line of credit to 1 or more lenders or to a

15 trustee on the lenders’ behalf.

16 (8) NONSUBORDINATION.—A direct loan under

17 this section shall not be subordinated to the claims

18 of any holder of project obligations in the event of

19 bankruptcy, insolvency, or liquidation of the obligor.

20 (9) FEES.—The Secretary may establish fees at

21 a level sufficient to cover the costs to the Federal

22 Government of providing a line of credit under this

23 section.

24 (10) RELATIONSHIP TO OTHER CREDIT INSTRU25 MENTS.—A line of credit under this section shall not
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1 be issued for a project with respect to which another

2 Federal credit instrument under this chapter is

3 made available.

4 (c) REPAYMENT.—

5 (1) SCHEDULE.—The Secretary shall establish

6 a repayment schedule for each direct loan under this

7 section based on the projected cash flow from project

8 revenues and other repayment sources.

9 (2) TIMING.—All scheduled repayments of prin10 cipal or interest on a direct loan under this section

11 shall commence not later than 5 years after substan12 tial completion of the project the end of the period

13 of availability specified in subsection (b)(6) and be

14 fully repaid, with interest, by the date that is 20 25

15 years after the end of the period of availability speci16 fied in subsection (b)(6).

17 (3) SOURCES OF REPAYMENT FUNDS.—The

18 sources of funds for scheduled loan repayments

19 under this section shall include tolls, user fees, or

20 other dedicated revenue sources.

21 SEC. 1317. PROJECT SERVICING.

22 (a) REQUIREMENT.—The State in which a project

23 that receives financial assistance under this chapter is lo24 cated may identify a local servicer to assist the Secretary
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1 in servicing the Federal credit instrument made available

2 under this chapter.

3 (b) AGENCY; FEES.—If a State identifies a local

4 servicer under subsection (a), the local servicer—

5 (1) shall act as the agent for the Secretary; and

6 (2) may receive a servicing fee, subject to ap7 proval by the Secretary.

8 (c) LIABILITY.—A local servicer identified under sub9 section (a) shall not be liable for the obligations of the

10 obligor to the Secretary or any lender.

11 (d) ASSISTANCE FROM EXPERT FIRMS.—The Sec12 retary may retain the services of expert firms in the field

13 of municipal and project finance to assist in the underwrit14 ing and servicing of Federal credit instruments.

15 SEC. 1318. OFFICE OF INFRASTRUCTURE FINANCE.

16 (a) DUTIES OF THE SECRETARY.—Section 301 of

17 title 49, United States Code, is amended—

18 (1) in paragraph (7), by striking ‘‘and’’ at the

19 end;

20 (2) in paragraph (8), by striking the period at

21 the end and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(9) develop and coordinate Federal policy on

24 financing transportation infrastructure, including

25 the provision of direct Federal credit assistance and
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1 other techniques used to leverage Federal transpor2 tation funds.’’.

3 (b) OFFICE OF INFRASTRUCTURE FINANCE.—

4 (1) IN GENERAL.—Chapter 1 of title 49, United

5 States Code, is amended by adding at the end the

6 following:

7 ‘‘§ 113. Office of Infrastructure Finance

8 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor9 tation shall establish within the Office of the Secretary

10 an Office of Infrastructure Finance.

11 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di12 rector who shall be appointed by the Secretary not later

13 than 180 days after the date of enactment of this section.

14 ‘‘(c) FUNCTIONS.—The Director shall be responsible

15 for—

16 ‘‘(1) carrying out the responsibilities of the Sec17 retary described in section 301(9);

18 ‘‘(2) carrying out research on financing trans19 portation infrastructure, including educational pro20 grams and other initiatives to support Federal,

21 State, and local government efforts; and

22 ‘‘(3) providing technical assistance to Federal,

23 State, and local government agencies and officials to

24 facilitate the development and use of alternative
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1 techniques for financing transportation infrastruc2 ture.’’.

3 (2) CONFORMING AMENDMENT.—The analysis

4 for chapter 1 of title 49, United States Code, is

5 amended by adding at the end the following:

‘‘113. Office of Infrastructure Finance.’’.

6 SEC. 1319. STATE AND LOCAL PERMITS.

7 The provision of financial assistance under this chap8 ter with respect to a project shall not—

9 (1) relieve any recipient of the assistance of any

10 obligation to obtain any required State or local per11 mit or approval with respect to the project;

12 (2) limit the right of any unit of State or local

13 government to approve or regulate any rate of re14 turn on private equity invested in the project; or

15 (3) otherwise supersede any State or local law

16 (including any regulation) applicable to the construc17 tion or operation of the project.

18 SEC. 1320. REGULATIONS.

19 The Secretary may issue such regulations as the Sec20 retary determines appropriate to carry out this chapter

21 and the amendments made by this chapter.

22 SEC. 1321. FUNDING.

23 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—
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1 (1) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the Mass

3 Transit Account) to carry out this chapter—

4 (A) $60,000,000 for fiscal year 1998;

5 (B) $60,000,000 for fiscal year 1999;

6 (C) $90,000,000 for fiscal year 2000;

7 (D) $90,000,000 for fiscal year 2001;

8 (E) $100,000,000 $115,000,000 for fiscal

9 year 2002; and

10 (F) $100,000,000 $115,000,000 for fiscal

11 year 2003.

12 (2) ADMINISTRATIVE COSTS.—From funds

13 made available under paragraph (1), the Secretary

14 may use, for the administration of this chapter, not

15 more than $2,000,000 for each of fiscal years 1998

16 through 2003.

17 (3) AVAILABILITY.—Amounts made available

18 under paragraph (1) shall remain available until ex19 pended.

20 (b) CONTRACT AUTHORITY.—

21 (1) IN GENERAL.—Notwithstanding any other

22 provision of law, approval by the Secretary of a Fed23 eral credit instrument that uses funds made avail24 able under this chapter shall be deemed to be ac-
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1 ceptance by the United States of a contractual obli2 gation to fund the Federal credit instrument.

3 (2) AVAILABILITY.—Amounts authorized under

4 this section for a fiscal year shall be available for ob5 ligation on October 1 of the fiscal year.

6 (c) LIMITATIONS ON CREDIT AMOUNTS.—For each

7 of fiscal years 1998 through 2003, principal amounts of

8 Federal credit instruments made available under this

9 chapter shall be limited to the amounts specified in the

10 following table:

Maximum amount

Fiscal year: of credit:

1998 ...................................................................................... $1,200,000,000

1999 ...................................................................................... $1,200,000,000

2000 ...................................................................................... $1,800,000,000

2001 ...................................................................................... $1,800,000,000

2002 ...................................................................................... $2,000,000,000

2003 ...................................................................................... $2,000,000,000.

11 SEC. 1322. REPORT TO CONGRESS.

12 Not later than 4 years after the date of enactment

13 of this Act, the Secretary shall submit to Congress a re14 port summarizing the financial performance of the

15 projects that are receiving, or have received, assistance

16 under this chapter, including a recommendation as to

17 whether the objectives of this chapter are best served—

18 (1) by continuing the program under the au19 thority of the Secretary;
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1 (2) by establishing a Government corporation or

2 Government-sponsored enterprise to administer the

3 program; or

4 (3) by phasing out the program and relying on

5 the capital markets to fund the types of infrastruc6 ture investments assisted by this chapter without

7 Federal participation.

8 Subtitle D—Safety

9 SEC. 1401. OPERATION LIFESAVER.

10 Section 104 of title 23, United States Code (as

11 amended by section 1102(a)), is amended—

12 (1) in the matter preceding paragraph (1) of

13 subsection (b), by striking ‘‘subsection (f)’’ and in14 serting ‘‘subsections (d) and (f)’’; and

15 (2) in subsection (d), by striking paragraph (1)

16 and inserting the following:

17 ‘‘(1) OPERATION LIFESAVER.—Before making

18 an apportionment of funds under subsection (b)(3)

19 for a fiscal year, the Secretary shall set aside

20 $500,000 of the funds authorized to be appropriated

21 for the surface transportation program for the fiscal

22 year to carry out a public information and education

23 program to help prevent and reduce motor vehicle

24 accidents, injuries, and fatalities and to improve

25 driver performance at railway-highway crossings.’’.
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1 SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMI2 NATION IN HIGH SPEED RAIL CORRIDORS.

3 Section 104(d) of title 23, United States Code, is

4 amended by striking paragraphs (2) and (3) and inserting

5 the following:

6 ‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD

7 ELIMINATION IN HIGH SPEED RAIL CORRIDORS.—

8 ‘‘(A) IN GENERAL.—Before making an ap9 portionment of funds under subsection (b)(3)

10 for a fiscal year, the Secretary shall set aside

11 $5,000,000 of the funds authorized to be appro12 priated for the surface transportation program

13 for the fiscal year for elimination of hazards of

14 railway-highway crossings.

15 ‘‘(B) ELIGIBLE CORRIDORS.—Funds made

16 available under subparagraph (A) shall be ex17 pended for projects in—

18 ‘‘(i) 5 railway corridors selected by

19 the Secretary in accordance with this sub20 section (as in effect on the day before the

21 date of enactment of this clause); and

22 ‘‘(ii) 3 railway corridors selected by

23 the Secretary in accordance with subpara24 graphs (C) and (D).

25 ‘‘(C) REQUIRED INCLUSION OF HIGH

26 SPEED RAIL LINES.—A corridor selected by the
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•S 1173 RS

1 Secretary under subparagraph (A) (B) shall in2 clude rail lines where railroad speeds of 90

3 miles or more per hour are occurring or can

4 reasonably be expected to occur in the future.

5 ‘‘(D) CONSIDERATIONS IN CORRIDOR SE6 LECTION.—In selecting corridors under sub7 paragraph (A) (B), the Secretary shall con8 sider—

9 ‘‘(i) projected rail ridership volume in

10 each corridor;

11 ‘‘(ii) the percentage of each corridor

12 over which a train will be capable of oper13 ating at its maximum cruise speed taking

14 into account such factors as topography

15 and other traffic on the line;

16 ‘‘(iii) projected benefits to nonriders

17 such as congestion relief on other modes of

18 transportation serving each corridor (in19 cluding congestion in heavily traveled air

20 passenger corridors);

21 ‘‘(iv) the amount of State and local fi22 nancial support that can reasonably be an23 ticipated for the improvement of the line

24 and related facilities; and
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1 ‘‘(v) the cooperation of the owner of

2 the right-of-way that can reasonably be ex3 pected in the operation of high speed rail

4 passenger service in each corridor.’’.

5 SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

6 Section 130 of title 23, United States Code, is

7 amended—

8 (1) in the first sentence of subsection (a)—

9 (A) by striking ‘‘structures, and’’ and in10 serting ‘‘structures,’’; and

11 (B) by inserting after ‘‘grade crossings,’’

12 the following: ‘‘trespassing countermeasures in

13 the immediate vicinity of a public railway-high14 way grade crossing, railway-highway crossing

15 safety education, enforcement of traffic laws re16 lating to railway-highway crossing safety, and

17 projects at privately owned railway-highway

18 crossings if each such project is publicly spon19 sored and the Secretary determines that the

20 project would serve a public benefit,’’;

21 (2) in subsection (d), by adding at the end the

22 following: ‘‘In a manner established by the Sec23 retary, each State shall submit a report that de24 scribes completed railway-highway crossing projects

25 funded under this section to the Department of
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1 Transportation for inclusion in the National Grade

2 Crossing Inventory prepared by the Department of

3 Transportation and the Association of American

4 Railroads.’’; and

5 (3) by striking subsection (e).

6 SEC. 1404. HAZARD ELIMINATION PROGRAM.

7 (a) IN GENERAL.—Section 152 of title 23, United

8 States Code, is amended—

9 (1) in subsection (a), by inserting ‘‘, bicyclists,’’

10 after ‘‘motorists’’;

11 (2) in subsection (b), by striking ‘‘highway safe12 ty improvement project’’ and inserting ‘‘safety im13 provement project, including a project described in

14 subsection (a)’’; and

15 (3) in subsection (c), by striking ‘‘on any public

16 road (other than a highway on the Interstate Sys17 tem).’’ and inserting the following: ‘‘on—

18 ‘‘(1) any public road;

19 ‘‘(2) any public transportation vehicle or facil20 ity, any publicly owned bicycle or pedestrian path21 way or trail, or any other facility that the Secretary

22 determines to be appropriate; or

23 ‘‘(3) any traffic calming measure.’’.

24 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 101(a) of title 23, United States

2 Code, is amended—

3 (A) in the undesignated paragraph defin4 ing ‘‘highway safety improvement project’’, by

5 striking ‘‘highway safety’’ and inserting ‘‘safe6 ty’’; and

7 (B) by moving that undesignated para8 graph to appear before the undesignated para9 graph defining ‘‘Secretary’’.

10 (2) Section 152 of title 23, United States Code,

11 is amended in subsections (f) and (g) by striking

12 ‘‘highway safety improvement projects’’ each place it

13 appears and inserting ‘‘safety improvement

14 projects’’.

15 SEC. 1405. MINIMUM PENALTIES FOR REPEAT OFFENDERS

16 FOR DRIVING WHILE INTOXICATED OR DRIV17 ING UNDER THE INFLUENCE.

18 (a) IN GENERAL.—Chapter 1 of title 23, United

19 States Code (as amended by section 1301(a)), is amended

20 by adding at the end the following:

21 ‘‘§ 163. Minimum penalties for repeat offenders for

22 driving while intoxicated or driving

23 under the influence

24 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) ALCOHOL CONCENTRATION.—The term

2 ‘alcohol concentration’ means grams of alcohol per

3 100 milliliters of blood or grams of alcohol per 210

4 liters of breath.

5 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING

6 UNDER THE INFLUENCE.—The terms ‘driving while

7 intoxicated’ and ‘driving under the influence’ mean

8 driving or being in actual physical control of a motor

9 vehicle while having an alcohol concentration above

10 the permitted limit as established by each State.

11 ‘‘(3) LICENSE SUSPENSION.—The term ‘license

12 suspension’ means the suspension of all driving

13 privileges.

14 ‘‘(4) MOTOR VEHICLE.—The term ‘motor vehi15 cle’ means a vehicle driven or drawn by mechanical

16 power and manufactured primarily for use on public

17 highways, but does not include a vehicle operated

18 solely on a rail line or a commercial vehicle.

19 ‘‘(5) REPEAT INTOXICATED DRIVER LAW.—The

20 term ‘repeat intoxicated driver law’ means a State

21 law that provides, as a minimum penalty, that an in22 dividual convicted of a second or subsequent offense

23 for driving while intoxicated or driving under the in24 fluence within 5 years after a conviction for that of25 fense whose alcohol concentration with respect to the
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•S 1173 RS

1 second or subsequent offense was determined on the

2 basis of a chemical test to be equal to or greater

3 than 0.15 shall receive—

4 ‘‘(A) a license suspension for not less than

5 1 year;

6 ‘‘(B) an assessment of the individual’s de7 gree of abuse of alcohol and treatment as ap8 propriate; and

9 ‘‘(C) either—

10 ‘‘(i) an assignment of 30 days of com11 munity service; or

12 ‘‘(ii) 5 days of imprisonment.

13 ‘‘(b) TRANSFER OF FUNDS.—

14 ‘‘(1) FISCAL YEARS 2001 AND 2002.—

15 ‘‘(A) IN GENERAL.—On October 1, 2000,

16 and October 1, 2001, if a State has not enacted

17 or is not enforcing a repeat intoxicated driver

18 law, the Secretary shall transfer an amount

equal to 11 19 ⁄2 percent of the funds apportioned

20 to the State on that date under paragraphs (1)

21 and (3) of section 104(b) to the apportionment

22 of the State under section 402 to be used for

23 alcohol-impaired driving programs.
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1 ‘‘(B) DERIVATION OF AMOUNT TO BE

2 TRANSFERRED.—An amount transferred under

3 subparagraph (A) may be derived—

4 ‘‘(i) from the apportionment of the

5 State under section 104(b)(1);

6 ‘‘(ii) from the apportionment of the

7 State under section 104(b)(3); or

8 ‘‘(iii) partially from the apportionment

9 of the State under section 104(b)(1) and

10 partially from the apportionment of the

11 State under section 104(b)(3).

12 ‘‘(2) FISCAL YEAR 2003 AND FISCAL YEARS

13 THEREAFTER.—On October 1, 2002, and each Octo14 ber 1 thereafter, if a State has not enacted or is not

15 enforcing a repeat intoxicated driver law, the Sec16 retary shall transfer 3 percent of the funds appor17 tioned to the State on that date under each of para18 graphs (1) and (3) of section 104(b) to the appor19 tionment of the State under section 402 to be used

20 for alcohol-impaired driving programs.

21 ‘‘(3) FEDERAL SHARE.—The Federal share of

22 the cost of a project carried out under section 402

23 with funds transferred under paragraph (1) or (2)

24 shall be 100 percent.

25 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—
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•S 1173 RS

1 ‘‘(A) IN GENERAL.—If the Secretary trans2 fers under this subsection any funds to the ap3 portionment of a State under section 402 for a

4 fiscal year, the Secretary shall transfer an

5 amount, determined under subparagraph (B),

6 of obligation authority distributed for the fiscal

7 year to the State for Federal-aid highways and

8 highway safety construction programs for carry9 ing out projects under section 402.

10 ‘‘(B) AMOUNT.—The amount of obligation

11 authority referred to in subparagraph (A) shall

12 be determined by multiplying—

13 ‘‘(i) the amount of funds transferred

14 under subparagraph (A) to the apportion15 ment of the State under section 402 for

16 the fiscal year; by

17 ‘‘(ii) the ratio that—

18 ‘‘(I) the amount of obligation au19 thority distributed for the fiscal year

20 to the State for Federal-aid highways

21 and highway safety construction pro22 grams; bears to

23 ‘‘(II) the total of the sums appor24 tioned to the State for Federal-aid

25 highways and highway safety con-
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1 struction programs (excluding sums

2 not subject to any obligation limita3 tion) for the fiscal year.

4 ‘‘(5) LIMITATION ON APPLICABILITY OF HIGH5 WAY SAFETY OBLIGATIONS.—Notwithstanding any

6 other provision of law, no limitation on the total of

7 obligations for highway safety programs under sec8 tion 402 shall apply to funds transferred under this

9 subsection to the apportionment of a State under

10 that section.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 chapter 1 of title 23, United States Code (as amended by

13 section 1301(b)), is amended by adding at the end the

14 following:

‘‘163. Minimum penalties for repeat offenders for driving while intoxicated or

driving under the influence.’’.

15 SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT

16 BELTS.

17 (a) IN GENERAL.—Chapter 1 of title 23, United

18 States Code (as amended by section 1405(a)), is amended

19 by adding at the end the following:

20 ‘‘§ 164. Safety incentive grants for use of seat belts

21 ‘‘(a) DEFINITIONS.—In this section:

22 ‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi23 cle’ means a vehicle driven or drawn by mechanical

24 power and manufactured primarily for use on public
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1 highways, but does not include a vehicle operated

2 solely on a rail line.

3 ‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHI4 CLE.—The term ‘multipurpose passenger motor ve5 hicle’ means a motor vehicle with motive power (ex6 cept a trailer), designed to carry not more than 10

7 individuals, that is constructed on a truck chassis or

8 is constructed with special features for occasional

9 off-road operation.

10 ‘‘(3) NATIONAL AVERAGE SEAT BELT USE

11 RATE.—The term ‘national average seat belt use

12 rate’ means, in the case of each of calendar years

13 1995 through 2001, the national average seat belt

14 use rate for that year, as determined by the Sec15 retary.

16 ‘‘(4) PASSENGER CAR.—The term ‘passenger

17 car’ means a motor vehicle with motive power (ex18 cept a multipurpose passenger motor vehicle, motor19 cycle, or trailer) designed to carry not more than 10

20 individuals.

21 ‘‘(5) PASSENGER MOTOR VEHICLE.—The term

22 ‘passenger motor vehicle’ means a passenger car or

23 a multipurpose passenger motor vehicle.

24 ‘‘(6) SAVINGS TO THE FEDERAL GOVERN25 MENT.—The term ‘savings to the Federal Govern-
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1 ment’ means the amount of Federal budget savings

2 relating to Federal medical costs (including savings

3 under the medicare and medicaid programs under ti4 tles XVIII and XIX of the Social Security Act (42

5 U.S.C. 1395 et seq.)), as determined by the Sec6 retary.

7 ‘‘(7) SEAT BELT.—The term ‘seat belt’

8 means—

9 ‘‘(A) with respect to an open-body pas10 senger motor vehicle, including a convertible, an

11 occupant restraint system consisting of a lap

12 belt or a lap belt and a detachable shoulder

13 belt; and

14 ‘‘(B) with respect to any other passenger

15 motor vehicle, an occupant restraint system

16 consisting of integrated lap and shoulder belts.

17 ‘‘(8) STATE SEAT BELT USE RATE.—The term

18 ‘State seat belt use rate’ means the rate of use of

19 seat belts in passenger motor vehicles in a State, as

20 measured and submitted to the Secretary—

21 ‘‘(A) for each of calendar years 1995

22 through 1997, by the State, as adjusted by the

23 Secretary to ensure national consistency in

24 methods of measurement (as determined by the

25 Secretary); and
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1 ‘‘(B) for each of calendar years 1998

2 through 2001, by the State in a manner con3 sistent with the criteria established by the Sec4 retary under subsection (e).

5 ‘‘(b) DETERMINATIONS BY THE SECRETARY.—Not

6 later than 30 days after the date of enactment of this sec7 tion, and not later than September 1 of each calendar year

8 thereafter through September 1, 2002, the Secretary shall

9 determine—

10 ‘‘(1)(A) which States had, for each of the pre11 vious calendar years (referred to in this subsection

12 as the ‘previous calendar year’) and the year preced13 ing the previous calendar year, a State seat belt use

14 rate greater than the national average seat belt use

15 rate for that year; and

16 ‘‘(B) in the case of each State described in sub17 paragraph (A), the amount that is equal to the sav18 ings to the Federal Government due to the amount

19 by which the State seat belt use rate for the pre20 vious calendar year exceeds the national average seat

21 belt use rate for that year; and

22 ‘‘(2) in the case of each State that is not a

23 State described in paragraph (1)(A)—

24 ‘‘(A) the base seat belt use rate of the

25 State, which shall be equal to the highest State
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1 seat belt use rate for the State for any calendar

2 year during the period of 1995 through the cal3 endar year preceding the previous calendar

4 year; and

5 ‘‘(B) the amount that is equal to the sav6 ings to the Federal Government due to any in7 crease in the State seat belt use rate for the

8 previous calendar year over the base seat belt

9 use rate determined under subparagraph (A).

10 ‘‘(c) ALLOCATIONS.—

11 ‘‘(1) STATES WITH GREATER THAN THE NA12 TIONAL AVERAGE SEAT BELT USE RATE.—Not later

13 than 30 days after the date of enactment of this sec14 tion, and not later than each October 1 thereafter

15 through October 1, 2002, the Secretary shall allo16 cate to each State described in subsection (b)(1)(A)

17 an amount equal to the amount determined for the

18 State under subsection (b)(1)(B).

19 ‘‘(2) OTHER STATES.—Not later than 30 days

20 after the date of enactment of this section, and not

21 later than each October 1 thereafter through Octo22 ber 1, 2002, the Secretary shall allocate to each

23 State described in subsection (b)(2) an amount

24 equal to the amount determined for the State under

25 subsection (b)(2)(B).
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1 ‘‘(d) USE OF FUNDS.—For each fiscal year, each

2 State that is allocated an amount under this section shall

3 use the amount for projects eligible for assistance under

4 this title.

5 ‘‘(e) CRITERIA.—Not later than 180 days after the

6 date of enactment of the Intermodal Surface Transpor7 tation Efficiency Act of 1997, the Secretary shall establish

8 criteria for the measurement of State seat belt use rates

9 by States to ensure that the measurements are accurate

10 and representative.

11 ‘‘(f) FUNDING.—

12 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR13 ITY.—There shall be available from the Highway

14 Trust Fund (other than the Mass Transit Account)

15 to carry out this section $60,000,000 for fiscal year

16 1998, $70,000,000 for fiscal year 1999,

17 $80,000,000 for fiscal year 2000, $90,000,000 for

18 fiscal year 2001, and $100,000,000 for each of fiscal

19 years 2002 and 2003.

20 ‘‘(2) PROPORTIONATE ADJUSTMENT.—If the total

21 amounts to be allocated under subsection (c) for any

22 fiscal year would exceed the amounts authorized for

23 the fiscal year under paragraph (1), the allocation to

24 each State under subsection (c) shall be reduced pro25 portionately.
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•S 1173 RS

1 ‘‘(2) (3) USE OF UNALLOCATED FUNDS.—To

2 the extent that the amounts made available for any

3 fiscal year under paragraph (1) exceed the total

4 amounts to be allocated under subsection (c) for the

5 fiscal year, the excess amounts—

6 ‘‘(A) shall be apportioned in accordance

7 with section 104(b)(3);

8 ‘‘(B) shall be considered to be sums made

9 available for expenditure on the surface trans10 portation program, except that the amounts

11 shall not be subject to section 133(d); and

12 ‘‘(C) shall be available for any purpose eli13 gible for funding under section 133.

14 ‘‘(3) (4) ADMINISTRATIVE EXPENSES.—Not

15 more than 2 percent of the funds made available to

16 carry out this section may be used to pay the nec17 essary administrative expenses incurred in carrying

18 out this section.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 1 of title 23, United States Code (as amended by

21 section 1405(b)), is amended by adding at the end the

22 following:

‘‘164. Safety incentive grants for use of seat belts.’’.

23 SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED

24 TESTING STANDARD.

25 (a) IN GENERAL.—
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1 (1) TESTING WITH SIMULTANEOUS USE.—Begin2 ning on the date of enactment of this Act, for the pur3 pose of certification under section 30115 of title 49,

4 United States Code, of compliance with the motor ve5 hicle safety standards under section 30111 of that

6 title, a manufacturer or distributor of a motor vehicle

7 shall be deemed to be in compliance with applicable

8 performance standards for occupant crash protection

9 if the motor vehicle meets the applicable requirements

10 for testing with the simultaneous use of both an auto11 matic restraint system and a manual seat belt.

12 (2) PROHIBITION.—In no case shall a manufac13 turer or distributor use, for the purpose of the certifi14 cation referred to in paragraph (1), testing that pro15 vides for the use of an automatic restraint system

16 without the use of a manual seat belt.

17 (b) REVISION OF STANDARDS.—The Secretary shall

18 issue such revised standards under section 30111 of title

19 49, United States Code, as are necessary to conform to sub20 section (a).

21 Subtitle E—Environment

22 SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

23 (a) IN GENERAL.—Chapter 1 of title 23, United

24 States Code (as amended by section 1406(a)) is amended

25 by adding at the end the following:
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1 ‘‘§ 165. National scenic byways program

2 ‘‘(a) DESIGNATION OF ROADS.—

3 ‘‘(1) IN GENERAL.—The Secretary shall carry

4 out a national scenic byways program that recog5 nizes roads having outstanding scenic, historic, cul6 tural, natural, recreational, and archaeological quali7 ties by designating the roads as National Scenic By8 ways or All-American Roads.

9 ‘‘(2) CRITERIA.—The Secretary shall designate

10 roads to be recognized under the national scenic by11 ways program in accordance with criteria developed

12 by the Secretary.

13 ‘‘(3) NOMINATION.—To be considered for the

14 designation, a road must be nominated by a State

15 or a Federal land management agency and must

16 first be designated as a State scenic byway or, in the

17 case of a road on Federal land, as a Federal land

18 management agency byway.

19 ‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—

20 ‘‘(1) IN GENERAL.—The Secretary shall make

21 grants and provide technical assistance to States

22 to—

23 ‘‘(A) implement projects on highways des24 ignated as National Scenic Byways or All25 American Roads, or as State scenic byways;

26 and
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1 ‘‘(B) plan, design, and develop a State sce2 nic byway program.

3 ‘‘(2) PRIORITIES.—In making grants, the Sec4 retary shall give priority to—

5 ‘‘(A) each eligible project that is associated

6 with a highway that has been designated as a

7 National Scenic Byway or All-American Road

8 and that is consistent with the corridor man9 agement plan for the byway;

10 ‘‘(B) each eligible project along a State11 designated scenic byway that is consistent with

12 the corridor management plan for the byway, or

13 is intended to foster the development of such a

14 plan, and is carried out to make the byway eli15 gible for designation as a National Scenic

16 Byway or All-American Road; and

17 ‘‘(C) each eligible project that is associated

18 with the development of a State scenic byway

19 program.

20 ‘‘(c) ELIGIBLE PROJECTS.—The following are

21 projects that are eligible for Federal assistance under this

22 section:

23 ‘‘(1) An activity related to the planning, design,

24 or development of a State scenic byway program.
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1 ‘‘(2) Development and implementation of a cor2 ridor management plan to maintain the scenic, his3 torical, recreational, cultural, natural, and archae4 ological characteristics of a byway corridor while

5 providing for accommodation of increased tourism

6 and development of related amenities.

7 ‘‘(3) Safety improvements to a State scenic

8 byway, National Scenic Byway, or All-American

9 Road to the extent that the improvements are nec10 essary to accommodate increased traffic and changes

11 in the types of vehicles using the highway as a result

12 of the designation as a State scenic byway, National

13 Scenic Byway, or All-American Road.

14 ‘‘(4) Construction along a scenic byway of a fa15 cility for pedestrians and bicyclists, rest area, turn16 out, highway shoulder improvement, passing lane,

17 overlook, or interpretive facility.

18 ‘‘(5) An improvement to a scenic byway that

19 will enhance access to an area for the purpose of

20 recreation, including water-related recreation.

21 ‘‘(6) Protection of scenic, historical, rec22 reational, cultural, natural, and archaeological re23 sources in an area adjacent to a scenic byway.
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•S 1173 RS

1 ‘‘(7) Development and provision of tourist in2 formation to the public, including interpretive infor3 mation about a scenic byway.

4 ‘‘(8) Development and implementation of a sce5 nic byways marketing program.

6 ‘‘(d) LIMITATION.—The Secretary shall not make a

7 grant under this section for any project that would not

8 protect the scenic, historical, recreational, cultural, natu9 ral, and archaeological integrity of a highway and adjacent

10 areas.

11 ‘‘(e) FEDERAL SHARE.—The Federal share of the

12 cost of carrying out a project under this section shall be

13 80 percent, except that, in the case of any scenic byways

14 project along a public road that provides access to or with15 in Federal or Indian land, a Federal land management

16 agency may use funds authorized for use by the agency

17 as the non-Federal share.

18 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

19 There shall be available from the Highway Trust Fund

20 (other than the Mass Transit Account) to carry out this

21 section $17,000,000 for fiscal year 1998, $17,000,000 for

22 fiscal year 1999, $19,000,000 for fiscal year 2000,

23 $19,000,000 for fiscal year 2001, $21,000,000 for fiscal

24 year 2002, and $23,000,000 for fiscal year 2003.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 1 of title 23, United States Code (as amended by

3 section 1406(b)), is amended by adding at the end the

4 following:

‘‘165. National scenic byways program.’’.

5 SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

6 Section 149 of title 23, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN9 TITIES.—

10 ‘‘(1) IN GENERAL.—Notwithstanding any other

11 provision of this title and in accordance with this

12 subsection, a metropolitan planning organization,

13 State transportation department, or other project

14 sponsor may enter into an agreement with any pub15 lic, private, or nonprofit entity to cooperatively im16 plement any project carried out under this section.

17 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—

18 Participation by an entity under paragraph (1) may

19 consist of—

20 ‘‘(A) ownership or operation of any land,

21 facility, vehicle, or other physical asset associ22 ated with the project;

23 ‘‘(B) cost sharing of any project expense;

24 ‘‘(C) carrying out of administrative admin25 istration, construction management, project
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•S 1173 RS

1 management, project operation, or any other

2 management or operational duty associated

3 with the project; and

4 ‘‘(D) any other form of participation ap5 proved by the Secretary.

6 ‘‘(3) ALLOCATION TO ENTITIES.—A State may

7 allocate funds apportioned under section 104(b)(2)

8 to an entity described in paragraph (1).

9 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the

10 case of a project that will provide for the use of al11 ternative fuels by privately owned vehicles or vehicle

12 fleets, activities eligible for funding under this sub13 section—

14 ‘‘(A) shall include the incremental costs of

15 vehicle refueling infrastructure and other cap16 ital investments associated with the project; but

17 ‘‘(B) shall not include the base cost of any

18 vehicle that would otherwise be borne by a pri19 vate party or the cost of any project element

20 that would otherwise be offset by any other

21 Federal, State, or local program.

22 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

23 WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed24 eral participation payment under this subsection

25 may not be made with respect to any activity that
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1 is required under the Clean Air Act (42 U.S.C. 7401

2 et seq.) or any other Federal law.’’.

3 ‘‘(A) may include the costs of vehicle refuel4 ing infrastructure and other capital investments

5 associated with the project; and

6 ‘‘(B) shall—

7 ‘‘(i) include only the incremental cost

8 of an alternative fueled vehicle compared to

9 a conventionally fueled vehicle that would

10 otherwise be borne by a private party; and

11 ‘‘(ii) apply other governmental finan12 cial purchase contributions in the calcula13 tion of net incremental cost.

14 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

15 WITH RESPECT TO REQUIRED ACTIVITIES.—A Federal

16 participation payment under this subsection may not

17 be made to an entity to fund an obligation imposed

18 under the Clean Air Act (42 U.S.C. 7401 et seq.) or

19 any other Federal law.’’.

20 SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

21 (a) FINDINGS.—Congress finds that—

22 (1) surface transportation has unintended but

23 negative consequences for wetlands and other water

24 resources;
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1 (2) in almost every State, construction and

2 other highway activities have reduced or eliminated

3 wetland functions and values, such as wildlife habi4 tat, ground water recharge, flood control, and water

5 quality benefits;

(3) the United States has lost more than 1 6 ⁄2 of

7 the estimated 220,000,000 acres of wetlands that

8 existed during colonial times; and

9 (4) while the rate of human-induced destruction

10 and conversion of wetlands has slowed in recent

11 years, the United States has suffered unacceptable

12 wetland losses as a result of highway projects.

13 (b) ESTABLISHMENT.—The Secretary shall establish

14 a national wetland restoration pilot program (referred to

15 in this section as the ‘‘program’’) to fund mitigation

16 projects to offset the degradation of wetlands, or the loss

17 of functions and values of the aquatic resource, resulting

18 from projects carried out before December 27, 1977,

19 under title 23, United States Code (or similar projects as

20 determined by the Secretary), for which mitigation has not

21 been performed.

22 (c) APPLICATIONS.—To be eligible for funding under

23 the program, a State shall submit an application to the

24 Secretary that includes—
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1 (1) a description of the wetland proposed to be

2 restored by a mitigation project described in sub3 section (b) (referred to in this section as a ‘‘wetland

4 restoration project’’) under the program (including

5 the size and quality of the wetland);

6 (2) such information as is necessary to establish

7 a nexus between—

8 (A) a project carried out under title 23,

9 United States Code (or a similar project as de10 termined by the Secretary); and

11 (B) the wetland values and functions pro12 posed to be restored by the wetland restoration

13 project;

14 (3) a description of the benefits expected from

15 the proposed wetland restoration project (including

16 improvement of water quality, improvement of wild17 life habitat, ground water recharge, and flood con18 trol);

19 (4) a description of the State’s level of commit20 ment to the proposed wetland restoration project

21 (including the monetary commitment of the State

22 and any development of a State or regional con23 servation plan that includes the proposed wetland

24 restoration); and
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1 (5) the estimated total cost of the wetland res2 toration project.

3 (d) SELECTION OF WETLAND RESTORATION

4 PROJECTS.—

5 (1) INTERAGENCY COUNCIL.—In consultation

6 with the Secretary of the Army, the Secretary of the

7 Interior, the Secretary of Agriculture, and the Ad8 ministrator of the Environmental Protection Agency,

9 the Secretary shall establish an interagency advisory

10 council to—

11 (A) review the submitted applications that

12 meet the requirements of subsection (c); and

13 (B) not later than 60 days after the appli14 cation deadline, select wetland restoration

15 projects for funding under the program.

16 (2) SELECTION CRITERIA FOR PRIORITY WET17 LAND RESTORATION PROJECTS.—In consultation

18 with the Secretary of the Army, the Secretary of the

19 Interior, the Secretary of Agriculture, and the Ad20 ministrator of the Environmental Protection Agency,

21 the Secretary shall give priority in funding under

22 this section to wetland restoration projects that—

23 (A) provide for long-term monitoring and

24 maintenance of wetland resources;
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1 (B) are managed by an entity, such as a

2 nature conservancy, with expertise in the long3 term monitoring and protection of wetland re4 sources; and

5 (C) have a high likelihood of success.

6 (e) REPORTS.—Not later than April 1, 2000, and

7 April 1, 2003, the Secretary shall submit a report to Con8 gress on the results of the program.

9 (f) AUTHORIZATION OF CONTRACT AUTHORITY.—

10 (1) IN GENERAL.—There shall be available

11 from the Highway Trust Fund (other than the Mass

12 Transit Account) to carry out this section

13 $12,000,000 for fiscal year 1998, $13,000,000 for

14 fiscal year 1999, $14,000,000 for fiscal year 2000,

15 $17,000,000 for fiscal year 2001, $20,000,000 for

16 fiscal year 2002, and $24,000,000 for fiscal year

17 2003.

18 (2) CONTRACT AUTHORITY.—Funds authorized

19 under this subsection shall be available for obligation

20 in the same manner as if the funds were apportioned

21 under chapter 1 of title 23, United States Code.

22 Subtitle F—Planning

23 SEC. 1601. METROPOLITAN PLANNING.

24 (a) IN GENERAL.—Section 134 of title 23, United

25 States Code, is amended to read as follows:
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1 ‘‘§ 134. Metropolitan planning

2 ‘‘(a) GENERAL REQUIREMENTS.—

3 ‘‘(1) FINDINGS.—Congress finds that it is in

4 the national interest to encourage and promote the

5 safe and efficient management, operation, and devel6 opment of surface transportation systems that will

7 serve the mobility needs of people and freight within

8 and through urbanized areas, while minimizing

9 transportation-related fuel consumption and air pol10 lution.

11 ‘‘(2) DEVELOPMENT OF PLANS AND PRO12 GRAMS.—To accomplish the objective stated in para13 graph (1), metropolitan planning organizations des14 ignated under subsection (b), in cooperation with the

15 State and public transit operators, shall develop

16 transportation plans and programs for urbanized

17 areas of the State.

18 ‘‘(3) CONTENTS.—The plans and programs for

19 each metropolitan area shall provide for the develop20 ment and integrated management and operation of

21 transportation systems and facilities (including pe22 destrian walkways and bicycle transportation facili23 ties) that will function as an intermodal transpor24 tation system for the metropolitan area and as an

25 integral part of an intermodal transportation system

26 for the State and the United States.
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•S 1173 RS

1 ‘‘(4) PROCESS.—The process for developing the

2 plans and programs shall provide for consideration

3 of all modes of transportation and shall be continu4 ing, cooperative, and comprehensive to the degree

5 appropriate, based on the complexity of the trans6 portation problems to be addressed.

7 ‘‘(b) DESIGNATION OF METROPOLITAN PLANNING

8 ORGANIZATIONS.—

9 ‘‘(1) IN GENERAL.—To carry out the transpor10 tation planning process required by this section, a

11 metropolitan planning organization shall be des12 ignated for each urbanized area with a population of

13 more than 50,000 individuals—

14 ‘‘(A) by agreement between the Governor

15 and units of general purpose local government

16 that together represent at least 75 percent of

17 the affected population (including the central

18 city or cities as defined by the Bureau of the

19 Census); or

20 ‘‘(B) in accordance with procedures estab21 lished by applicable State or local law.

22 ‘‘(2) REDESIGNATION.—A metropolitan plan23 ning organization may be redesignated by agreement

24 between the Governor and units of general purpose

25 local government that together represent at least 75
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•S 1173 RS

1 percent of the affected population (including the

2 central city or cities as defined by the Bureau of the

3 Census) as appropriate to carry out this section.

4 ‘‘(3) DESIGNATION OF MORE THAN 1 METRO5 POLITAN PLANNING ORGANIZATION.—More than 1

6 metropolitan planning organization may be des7 ignated within an existing metropolitan planning

8 area only if the Governor and the existing metropoli9 tan planning organization determine that the size

10 and complexity of the existing metropolitan planning

11 area make designation of more than 1 metropolitan

12 planning organization for the area appropriate.

13 ‘‘(4) STRUCTURE.—Each policy board of a met14 ropolitan planning organization that serves an area

15 designated as a transportation management area,

16 when designated or redesignated under this sub17 section, shall consist of—

18 ‘‘(A) local elected officials;

19 ‘‘(B) officials of public agencies that ad20 minister or operate major modes of transpor21 tation in the metropolitan area (including all

22 transportation agencies included in the metro23 politan planning organization as of June 1,

24 1991); and

25 ‘‘(C) appropriate State officials.
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•S 1173 RS

1 ‘‘(5) OTHER AUTHORITY.—Nothing in this sub2 section interferes with the authority, under any

3 State law in effect on December 18, 1991, of a pub4 lic agency with multimodal transportation respon5 sibilities to—

6 ‘‘(A) develop plans and programs for adop7 tion by a metropolitan planning organization; or

8 ‘‘(B) develop long-range capital plans, co9 ordinate transit services and projects, and carry

10 out other activities under State law.

11 ‘‘(c) METROPOLITAN PLANNING AREA BOUND12 ARIES.—

13 ‘‘(1) IN GENERAL.—For the purposes of this

14 section, the boundaries of a metropolitan planning

15 area shall be determined by agreement between the

16 metropolitan planning organization and the Gov17 ernor.

18 ‘‘(2) INCLUDED AREA.—Each metropolitan

19 planning area—

20 ‘‘(A) shall encompass at least the existing

21 urbanized area and the contiguous area ex22 pected to become urbanized within a 20-year

23 forecast period; and

24 ‘‘(B) may encompass the entire metropoli25 tan statistical area or consolidated metropolitan
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•S 1173 RS

1 statistical area, as defined by the Bureau of the

2 Census.

3 ‘‘(3) EXISTING METROPOLITAN PLANNING

4 AREAS IN NONATTAINMENT.—Notwithstanding para5 graph (2), in the case of an area designated as a

6 nonattainment area for ozone or carbon monoxide

7 under the Clean Air Act (42 U.S.C. 7401 et seq.),

8 the boundaries of the metropolitan planning area in

9 existence as of the date of enactment of the Inter10 modal Surface Transportation Efficiency Act of

11 1997, shall be retained, except that the boundaries

12 may be adjusted by agreement of the affected metro13 politan planning organizations and Governors in the

14 manner described in subsection (b)(2).

15 ‘‘(4) NEW METROPOLITAN PLANNING AREAS IN

16 NONATTAINMENT.—In the case of an urbanized area

17 designated after the date of enactment of the Inter18 modal Surface Transportation Efficiency Act of

19 1997 as a nonattainment area for ozone or carbon

20 monoxide, the boundaries of the metropolitan plan21 ning area—

22 ‘‘(A) shall be established by agreement be23 tween the appropriate units of general purpose

24 local government (including the central city)

25 and the Governor;
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1 ‘‘(B) shall encompass at least the urban2 ized area and the contiguous area expected to

3 become urbanized within a 20-year forecast pe4 riod;

5 ‘‘(C) may encompass the entire metropoli6 tan statistical area or consolidated metropolitan

7 statistical area, as defined by the Bureau of the

8 Census; and

9 ‘‘(D) may address any nonattainment area

10 identified under the Clean Air Act (42 U.S.C.

11 7401 et seq.) for ozone or carbon monoxide.

12 ‘‘(d) COORDINATION IN MULTISTATE AREAS.—

13 ‘‘(1) IN GENERAL.—The Secretary shall encour14 age each Governor with responsibility for a portion

15 of a multistate metropolitan area and the appro16 priate metropolitan planning organizations to pro17 vide coordinated transportation planning for the en18 tire metropolitan area.

19 ‘‘(2) INTERSTATE COMPACTS.—The consent of

20 Congress is granted to any 2 or more States—

21 ‘‘(A) to enter into agreements or compacts,

22 not in conflict with any law of the United

23 States, for cooperative efforts and mutual as24 sistance in support of activities authorized

25 under this section as the activities pertain to
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1 interstate areas and localities within the States;

2 and

3 ‘‘(B) to establish such agencies, joint or

4 otherwise, as the States may determine desir5 able for making the agreements and compacts

6 effective.

7 ‘‘(e) COORDINATION OF METROPOLITAN PLANNING

8 ORGANIZATIONS.—If more than 1 metropolitan planning

9 organization has authority within a metropolitan planning

10 area or an area that is designated as a nonattainment area

11 for ozone or carbon monoxide under the Clean Air Act

12 (42 U.S.C. 7401 et seq.), each such metropolitan planning

13 organization shall consult with the other metropolitan

14 planning organizations designated for the area and the

15 State in the development of plans and programs required

16 by this section.

17 ‘‘(f) SCOPE OF PLANNING PROCESS.—The metropoli18 tan transportation planning process for a metropolitan

19 area under this section shall consider, as appropriate, the

20 following:

21 ‘‘(1) Supporting the economic vitality of the

22 metropolitan area, especially by enabling global com23 petitiveness, productivity, and efficiency.
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1 ‘‘(2) Increasing the safety and security of the

2 transportation system for motorized and non3 motorized users.

4 ‘‘(3) Increasing the accessibility and mobility

5 options available to people and for freight.

6 ‘‘(4) Protecting and enhancing the environment

7 and promoting energy conservation and improved

8 quality of life.

9 ‘‘(4) Protecting and enhancing the environment,

10 promoting energy conservation, and improving qual11 ity of life through land use planning.

12 ‘‘(5) Enhancing the integration and connectivity

13 of the transportation system, across and between

14 modes, for people and freight.

15 ‘‘(6) Promoting efficient system management

16 and operation.

17 ‘‘(7) Emphasizing the preservation of the exist18 ing transportation system.

19 ‘‘(g) DEVELOPMENT OF LONG-RANGE TRANSPOR20 TATION PLAN.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) DEVELOPMENT.—In accordance with

23 this subsection, each metropolitan planning or24 ganization shall develop, and update periodi25 cally, according to a schedule that the Secretary
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1 determines to be appropriate, a long-range

2 transportation plan for its metropolitan area.

3 ‘‘(B) FORECAST PERIOD.—In developing

4 long-range transportation plans, the metropoli5 tan planning process shall address—

6 ‘‘(i) the considerations under sub7 section (f); and

8 ‘‘(ii) any State or local goals devel9 oped within the cooperative metropolitan

10 planning process;

11 as they relate to a 20-year forecast period and

12 to other forecast periods as determined by the

13 participants in the planning process.

14 ‘‘(C) FUNDING ESTIMATES.—For the pur15 pose of developing the long-range transportation

16 plan, the State shall consult with the metropoli17 tan planning organization and each public tran18 sit agency in developing estimates of funds that

19 are reasonably expected to be available to sup20 port plan implementation.

21 ‘‘(2) LONG-RANGE TRANSPORTATION PLAN.—A

22 long-range transportation plan under this subsection

23 shall, at a minimum, contain—

24 ‘‘(A) an identification of transportation fa25 cilities (including major roadways and transit,
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1 multimodal, and intermodal facilities) that

2 should function as a future integrated transpor3 tation system, giving emphasis to those facilities

4 that serve important national, regional, and

5 metropolitan transportation functions;

6 ‘‘(B) an identification of transportation

7 strategies necessary to—

8 ‘‘(i) ensure preservation, including re9 quirements for management, operation,

10 modernization, and rehabilitation, of the

11 existing and future transportation system;

12 and

13 ‘‘(ii) make the most efficient use of

14 existing transportation facilities to relieve

15 congestion, to efficiently serve the mobility

16 needs of people and goods, and to enhance

17 access within the metropolitan planning

18 area; and

19 ‘‘(C) a financial plan that demonstrates

20 how the long-range transportation plan can be

21 implemented, indicates total resources from

22 public and private sources that are reasonably

23 expected to be available to carry out the plan

24 (without any requirement for indicating project25 specific funding sources), and recommends any
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•S 1173 RS

1 additional financing strategies for needed

2 projects and programs.

3 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

4 AGENCIES.—In metropolitan areas that are in non5 attainment for ozone or carbon monoxide under the

6 Clean Air Act (42 U.S.C. 7401 et seq.), the metro7 politan planning organization shall coordinate the

8 development of a long-range transportation plan

9 with the process for development of the transpor10 tation control measures of the State implementation

11 plan required by that Act.

12 ‘‘(4) PARTICIPATION BY INTERESTED PAR13 TIES.—Before adopting a long-range transportation

14 plan, each metropolitan planning organization shall

15 provide citizens, affected public agencies, representa16 tives of transportation agency employees, freight

17 shippers, private providers of transportation, and

18 other interested parties with a reasonable oppor19 tunity to comment on the long-range transportation

20 plan.

21 ‘‘(5) PUBLICATION OF LONG-RANGE TRANSPOR22 TATION PLAN.—Each long-range transportation plan

23 prepared by a metropolitan planning organization

24 shall be—
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1 ‘‘(A) published or otherwise made readily

2 available for public review; and

3 ‘‘(B) submitted for information purposes

4 to the Governor at such times and in such man5 ner as the Secretary shall establish.

6 ‘‘(h) METROPOLITAN TRANSPORTATION IMPROVE7 MENT PROGRAM.—

8 ‘‘(1) DEVELOPMENT.—

9 ‘‘(A) IN GENERAL.—In cooperation with

10 the State and any affected public transit opera11 tor, the metropolitan planning organization des12 ignated for a metropolitan area shall develop a

13 transportation improvement program for the

14 area for which the organization is designated.

15 ‘‘(B) OPPORTUNITY FOR COMMENT.—In

16 developing the program, the metropolitan plan17 ning organization, in cooperation with the State

18 and any affected public transit operator, shall

19 provide citizens, affected public agencies, rep20 resentatives of transportation agency employees,

21 other affected employee representatives, freight

22 shippers, private providers of transportation,

23 and other interested parties with a reasonable

24 opportunity to comment on the proposed pro25 gram.
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•S 1173 RS

1 ‘‘(C) FUNDING ESTIMATES.—For the pur2 pose of developing the transportation improve3 ment program, the metropolitan planning orga4 nization, public transit agency, and State shall

5 cooperatively develop estimates of funds that

6 are reasonably expected to be available to sup7 port program implementation.

8 ‘‘(D) UPDATING AND APPROVAL.—The

9 program shall be updated at least once every 2

10 years and shall be approved by the metropolitan

11 planning organization and the Governor.

12 ‘‘(2) CONTENTS.—The transportation improve13 ment program shall include—

14 ‘‘(A) a list, in order of priority, of pro15 posed federally supported surface transpor16 tation projects and strategies to be carried out

17 within each 3-year-period after the initial adop18 tion of the transportation improvement pro19 gram; and

20 ‘‘(B) a financial plan that—

21 ‘‘(i) demonstrates how the transpor22 tation improvement program can be imple23 mented;

24 ‘‘(ii) indicates resources from public

25 and private sources that are reasonably ex-
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1 pected to be available to carry out the pro2 gram (without any requirement for indicat3 ing project-specific funding sources); and

4 ‘‘(iii) identifies innovative financing

5 techniques to finance projects, programs,

6 and strategies (without any requirement

7 for indicating project-specific funding

8 sources).

9 ‘‘(3) INCLUDED PROJECTS.—

10 ‘‘(A) CHAPTER 1 AND CHAPTER 53

11 PROJECTS.—A transportation improvement pro12 gram developed under this subsection for a met13 ropolitan area shall include the projects and

14 strategies within the area that are proposed for

15 funding under chapter 1 of this title and chap16 ter 53 of title 49.

17 ‘‘(B) CHAPTER 2 PROJECTS.—

18 ‘‘(i) REGIONALLY SIGNIFICANT

19 PROJECTS.—Regionally significant projects

20 proposed for funding under chapter 2 of

21 this title shall be identified individually in

22 the transportation improvement program.

23 ‘‘(ii) OTHER PROJECTS.—Projects

24 proposed for funding under chapter 2 of

25 this title that are not determined to be re-
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1 gionally significant shall be grouped in 1

2 line item or identified individually in the

3 transportation improvement program.

4 ‘‘(C) CONSISTENCY WITH LONG-RANGE

5 TRANSPORTATION PLAN.—Each project shall be

6 consistent with the long-range transportation

7 plan developed under subsection (g) for the

8 area.

9 ‘‘(D) REQUIREMENT OF ANTICIPATED

10 FULL FUNDING.—The program shall include a

11 project, or an identified phase of a project, only

12 if full funding can reasonably be anticipated to

13 be available for the project within the time pe14 riod contemplated for completion of the project.

15 ‘‘(4) NOTICE AND COMMENT.—Before approv16 ing a transportation improvement program, a metro17 politan planning organization shall, in cooperation

18 with the State and any affected public transit opera19 tor, provide citizens, affected public agencies, rep20 resentatives of transportation agency employees, pri21 vate providers of transportation, and other inter22 ested parties with reasonable notice of and an oppor23 tunity to comment on the proposed program.

24 ‘‘(5) SELECTION OF PROJECTS.—
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1 ‘‘(A) IN GENERAL.—Except as otherwise

2 provided in subsection (i)(4) and in addition to

3 the transportation improvement program devel4 opment required under paragraph (1), the se5 lection of federally funded projects for imple6 mentation in metropolitan areas shall be carried

7 out, from the approved transportation improve8 ment program—

9 ‘‘(i) by—

10 ‘‘(I) in the case of projects under

11 chapter 1, the State; and

12 ‘‘(II) in the case of projects

13 under chapter 53 of title 49, the des14 ignated transit funding recipients; and

15 ‘‘(ii) in cooperation with the metro16 politan planning organization.

17 ‘‘(B) MODIFICATIONS TO PROJECT PRIOR18 ITY.—Notwithstanding any other provision of

19 law, action by the Secretary shall not be re20 quired to advance a project included in the ap21 proved transportation improvement program in

22 place of another project of higher priority in the

23 program.

24 ‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—

25 ‘‘(1) DESIGNATION.—
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1 ‘‘(A) REQUIRED DESIGNATIONS.—The Sec2 retary shall designate as a transportation man3 agement area each urbanized area with a popu4 lation of over 200,000 individuals.

5 ‘‘(B) DESIGNATIONS ON REQUEST.—The

6 Secretary shall designate any additional area as

7 a transportation management area on the re8 quest of the Governor and the metropolitan

9 planning organization designated for the area.

10 ‘‘(2) TRANSPORTATION PLANS AND PRO11 GRAMS.—Within a transportation management area,

12 transportation plans and programs shall be based on

13 a continuing and comprehensive transportation plan14 ning process carried out by the metropolitan plan15 ning organization in cooperation with the State and

16 any affected public transit operator.

17 ‘‘(3) CONGESTION MANAGEMENT SYSTEM.—

18 Within a transportation management area, the

19 transportation planning process under this section

20 shall include a congestion management system that

21 provides for effective management of new and exist22 ing transportation facilities eligible for funding

23 under this title and chapter 53 of title 49 through

24 the use of travel demand reduction and operational

25 management strategies.
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•S 1173 RS

1 ‘‘(4) SELECTION OF PROJECTS.—

2 ‘‘(A) IN GENERAL.—In addition to the

3 transportation improvement program develop4 ment required under subsection (h)(1), all fed5 erally funded projects carried out within the

6 boundaries of a transportation management

7 area under this title (excluding projects carried

8 out on the National Highway System) or under

9 chapter 53 of title 49 shall be selected for im10 plementation from the approved transportation

11 improvement program by the metropolitan plan12 ning organization designated for the area in

13 consultation with the State and any affected

14 public transit operator.

15 ‘‘(B) NATIONAL HIGHWAY SYSTEM

16 PROJECTS.—Projects carried out within the

17 boundaries of a transportation management

18 area on the National Highway System shall be

19 selected for implementation from the approved

20 transportation improvement program by the

21 State in cooperation with the metropolitan plan22 ning organization designated for the area.

23 ‘‘(5) CERTIFICATION.—

24 ‘‘(A) IN GENERAL.—The Secretary shall—
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•S 1173 RS

1 ‘‘(i) ensure that the metropolitan

2 planning process in each transportation

3 management area is being carried out in

4 accordance with applicable provisions of

5 Federal law; and

6 ‘‘(ii) subject to subparagraph (B), cer7 tify, not less often than once every 3 years,

8 that the requirements of this paragraph

9 are met with respect to the transportation

10 management area.

11 ‘‘(B) REQUIREMENTS FOR CERTIFI12 CATION.—The Secretary may make the certifi13 cation under subparagraph (A) if—

14 ‘‘(i) the transportation planning proc15 ess complies with the requirements of this

16 section and other applicable requirements

17 of Federal law; and

18 ‘‘(ii) there is a transportation im19 provement program for the area that has

20 been approved by the metropolitan plan21 ning organization and the Governor.

22 ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—

23 ‘‘(i) WITHHOLDING OF FUNDS.—If a

24 metropolitan planning process is not cer25 tified, the Secretary may withhold up to 20
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•S 1173 RS

1 percent of the apportioned funds attrib2 utable to the transportation management

3 area under this title and chapter 53 of title

4 49.

5 ‘‘(ii) RESTORATION OF WITHHELD

6 FUNDS.—The withheld apportionments

7 shall be restored to the metropolitan area

8 at such time as the metropolitan planning

9 organization is certified by the Secretary.

10 ‘‘(iii) FEASIBILITY OF PRIVATE EN11 TERPRISE PARTICIPATION.—The Secretary

12 shall not withhold certification under this

13 paragraph based on the policies and cri14 teria established by a metropolitan plan15 ning organization or transit grant recipient

16 for determining the feasibility of private

17 enterprise participation in accordance with

18 section 5306(a) of title 49.

19 ‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CER20 TAIN AREAS.—

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

22 in the case of a metropolitan area not designated as

23 a transportation management area under this sec24 tion, the Secretary may provide for the development

25 of an abbreviated metropolitan transportation plan
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•S 1173 RS

1 and program that the Secretary determines is appro2 priate to achieve the purposes of this section, taking

3 into account the complexity of transportation prob4 lems in the area.

5 ‘‘(2) NONATTAINMENT AREAS.—The Secretary

6 may not permit abbreviated plans or programs for a

7 metropolitan area that is in nonattainment for ozone

8 or carbon monoxide under the Clean Air Act (42

9 U.S.C. 7401 et seq.).

10 ‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN

11 NONATTAINMENT AREAS.—

12 ‘‘(1) IN GENERAL.—Notwithstanding any other

13 provision of this title or chapter 53 of title 49, in the

14 case of a transportation management area classified

15 as nonattainment for ozone or carbon monoxide

16 under the Clean Air Act (42 U.S.C. 7401 et seq.),

17 Federal funds may not be programmed in the area

18 for any highway project that will result in a signifi19 cant increase in carrying capacity for single occu20 pant vehicles unless the project results from an ap21 proved congestion management system.

22 ‘‘(2) APPLICABILITY.—This subsection applies

23 to a nonattainment area within the metropolitan

24 planning area boundaries determined under sub25 section (c).
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•S 1173 RS

1 ‘‘(l) LIMITATION.—Nothing in this section confers on

2 a metropolitan planning organization the authority to im3 pose any legal requirement on any transportation facility,

4 provider, or project not eligible for assistance under this

5 title or chapter 53 of title 49.

6 ‘‘(m) FUNDING.—

7 ‘‘(1) IN GENERAL.—Funds set aside under sec8 tion 104(f) of this title and section 5303 of title 49

9 shall be available to carry out this section.

10 ‘‘(2) UNUSED FUNDS.—Any funds that are not

11 used to carry out this section may be made available

12 by the metropolitan planning organization to the

13 State to fund activities under section 135.’’.

14 (b) TECHNICAL AMENDMENT.—The analysis for

15 chapter 1 of title 23, United States Code, is amended by

16 striking the item relating to section 134 and inserting the

17 following:

‘‘134. Metropolitan planning.’’.

18 SEC. 1602. STATEWIDE PLANNING.

19 Section 135 of title 23, United States Code, is

20 amended to read as follows:

21 ‘‘§ 135. Statewide planning

22 ‘‘(a) GENERAL REQUIREMENTS.—

23 ‘‘(1) FINDINGS.—It is in the national interest

24 to encourage and promote the safe and efficient

25 management, operation, and development of surface
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•S 1173 RS

1 transportation systems that will serve the mobility

2 needs of people and freight throughout each State.

3 ‘‘(2) DEVELOPMENT OF PLANS AND PRO4 GRAMS.—Subject to section 134 of this title and sec5 tions 5303 through 5305 of title 49, each State shall

6 develop transportation plans and programs for all

7 areas of the State.

8 ‘‘(3) CONTENTS.—The plans and programs for

9 each State shall provide for the development and in10 tegrated management and operation of transpor11 tation systems (including pedestrian walkways and

12 bicycle transportation facilities) that will function as

13 an intermodal State transportation system and an

14 integral part of the intermodal transportation sys15 tem of the United States.

16 ‘‘(4) PROCESS OF DEVELOPMENT.—The process

17 for developing the plans and programs shall provide

18 for consideration of all modes of transportation and

19 shall be continuing, cooperative, and comprehensive

20 to the degree appropriate, based on the complexity

21 of the transportation problems to be addressed.

22 ‘‘(b) SCOPE OF PLANNING PROCESS.—Each State

23 shall carry out a transportation planning process that

24 shall consider, as appropriate, the following:
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•S 1173 RS

1 ‘‘(1) Supporting the economic vitality of the

2 United States, the States, and metropolitan areas,

3 especially by enabling global competitiveness, pro4 ductivity, and efficiency.

5 ‘‘(2) Increasing the safety and security of the

6 transportation system for motorized and non7 motorized users.

8 ‘‘(3) Increasing the accessibility and mobility

9 options available to people and for freight.

10 ‘‘(4) Protecting and enhancing the environment

11 and promoting energy conservation and improved

12 quality of life.

13 ‘‘(4) Protecting and enhancing the environment,

14 promoting energy conservation, and improving qual15 ity of life through land use planning.

16 ‘‘(5) Enhancing the integration and connectivity

17 of the transportation system, across and between

18 modes throughout the State, for people and freight.

19 ‘‘(6) Promoting efficient system management

20 and operation.

21 ‘‘(7) Emphasizing the preservation of the exist22 ing transportation system.

23 ‘‘(c) COORDINATION WITH METROPOLITAN PLAN24 NING; STATE IMPLEMENTATION PLAN.—In carrying out

25 planning under this section, a State shall—
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•S 1173 RS

1 ‘‘(1) coordinate the planning with the transpor2 tation planning activities carried out under section

3 134 for metropolitan areas of the State; and

4 ‘‘(2) carry out the responsibilities of the State

5 for the development of the transportation portion of

6 the State air quality implementation plan to the ex7 tent required by the Clean Air Act (42 U.S.C. 7401

8 et seq.).

9 ‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out

10 planning under this section, each State shall, at a mini11 mum, consider—

12 ‘‘(1) with respect to nonmetropolitan areas, the

13 concerns of local elected officials representing units

14 of general purpose local government;

15 ‘‘(2) the concerns of Indian tribal governments

16 and Federal land management agencies that have

17 jurisdiction over land within the boundaries of the

18 State; and

19 ‘‘(3) coordination of transportation plans, pro20 grams, and planning activities with related planning

21 activities being carried out outside of metropolitan

22 planning areas.

23 ‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—

24 ‘‘(1) DEVELOPMENT.—Each State shall develop

25 a long-range transportation plan, with a minimum
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•S 1173 RS

1 20-year forecast period, for all areas of the State,

2 that provides for the development and implementa3 tion of the intermodal transportation system of the

4 State.

5 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

6 ‘‘(A) METROPOLITAN AREAS.—With re7 spect to each metropolitan area in the State,

8 the plan shall be developed in cooperation with

9 the metropolitan planning organization des10 ignated for the metropolitan area under section

11 134 of this title and section 5305 of title 49.

12 ‘‘(B) NONMETROPOLITAN AREAS.—With

13 respect to each nonmetropolitan area, the plan

14 shall be developed in consultation with local

15 elected officials representing units of general

16 purpose local government.

17 ‘‘(C) INDIAN TRIBAL AREAS.—With respect

18 to each area of the State under the jurisdiction

19 of an Indian tribal government, the plan shall

20 be developed in consultation with the tribal gov21 ernment and the Secretary of the Interior.

22 ‘‘(3) PARTICIPATION BY INTERESTED PAR23 TIES.—In developing the plan, the State shall—

24 ‘‘(A) provide citizens, affected public agen25 cies, representatives of transportation agency
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•S 1173 RS

1 employees, other affected employee representa2 tives, freight shippers, private providers of

3 transportation, and other interested parties

4 with a reasonable opportunity to comment on

5 the proposed plan; and

6 ‘‘(B) identify transportation strategies nec7 essary to efficiently serve the mobility needs of

8 people.

9 ‘‘(f) STATE TRANSPORTATION IMPROVEMENT PRO10 GRAM.—

11 ‘‘(1) DEVELOPMENT.—

12 ‘‘(A) IN GENERAL.—The State shall de13 velop a transportation improvement program

14 for all areas of the State.

15 ‘‘(B) CONSULTATION WITH GOVERN16 MENTS.—

17 ‘‘(i) METROPOLITAN AREAS.—With

18 respect to each metropolitan area in the

19 State, the program shall be developed in

20 cooperation with the metropolitan planning

21 organization designated for the metropoli22 tan area under section 134 of this title and

23 section 5305 of title 49.

24 ‘‘(ii) NONMETROPOLITAN AREAS.—

25 With respect to each nonmetropolitan area
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•S 1173 RS

1 in the State, the program shall be devel2 oped in consultation with units of general

3 purpose local government.

4 ‘‘(iii) INDIAN TRIBAL AREAS.—With

5 respect to each area of the State under the

6 jurisdiction of an Indian tribal government,

7 the program shall be developed in consulta8 tion with the tribal government and the

9 Secretary of the Interior.

10 ‘‘(C) PARTICIPATION BY INTERESTED PAR11 TIES.—In developing the program, the Gov12 ernor shall provide citizens, affected public

13 agencies, representatives of transportation

14 agency employees, other affected employee rep15 resentatives, freight shippers, private providers

16 of transportation, and other interested parties

17 with a reasonable opportunity to comment on

18 the proposed program.

19 ‘‘(2) INCLUDED PROJECTS.—

20 ‘‘(A) IN GENERAL.—A transportation im21 provement program developed under this sub22 section for a State shall include federally sup23 ported surface transportation expenditures

24 within the boundaries of the State.

25 ‘‘(B) CHAPTER 2 PROJECTS.—
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•S 1173 RS

1 ‘‘(i) REGIONALLY SIGNIFICANT

2 PROJECTS.—Regionally significant projects

3 proposed for funding under chapter 2 shall

4 be identified individually.

5 ‘‘(ii) OTHER PROJECTS.—Projects

6 proposed for funding under chapter 2 that

7 are not determined to be regionally signifi8 cant shall be grouped in 1 line item or

9 identified individually.

10 ‘‘(C) CONSISTENCY WITH LONG-RANGE

11 TRANSPORTATION PLAN.—Each project shall—

12 ‘‘(i) be consistent with the long-range

13 transportation plan developed under this

14 section for the State;

15 ‘‘(ii) be identical to the project as de16 scribed in an approved metropolitan trans17 portation improvement program; and

18 ‘‘(iii) be in conformance with the ap19 plicable State air quality implementation

20 plan developed under the Clean Air Act

21 (42 U.S.C. 7401 et seq.), if the project is

22 carried out in an area designated as non23 attainment for ozone or carbon monoxide

24 under that Act.
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•S 1173 RS

1 ‘‘(D) REQUIREMENT OF ANTICIPATED

2 FULL FUNDING.—

3 ‘‘(i) IN GENERAL.—The program shall

4 include a project, or an identified phase of

5 a project, only if full funding can reason6 ably be anticipated to be available for the

7 project within the time period con8 templated for completion of the project.

9 ‘‘(ii) LIMITATION.—Clause (i) does

10 not require the indication of project-spe11 cific funding sources.

12 ‘‘(E) PRIORITIES.—The program shall re13 flect the priorities for programming and ex14 penditures of funds, including transportation

15 enhancements, required by this title.

16 ‘‘(3) PROJECT SELECTION FOR AREAS OF LESS

17 THAN 50,000 POPULATION.—

18 ‘‘(A) IN GENERAL.—Projects carried out in

19 areas with populations of less than 50,000 indi20 viduals (excluding projects carried out on the

21 National Highway System) shall be selected,

22 from the approved statewide transportation im23 provement program, by the State in cooperation

24 with the affected local officials.
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•S 1173 RS

1 ‘‘(B) NATIONAL HIGHWAY SYSTEM

2 PROJECTS.—Projects carried out in areas de3 scribed in subparagraph (A) on the National

4 Highway System shall be selected, from the ap5 proved statewide transportation improvement

6 program, by the State in consultation with the

7 affected local officials.

8 ‘‘(4) BIENNIAL REVIEW AND APPROVAL.—A

9 transportation improvement program developed

10 under this subsection shall be reviewed and, on a

11 finding that the planning process through which the

12 program was developed is consistent with this sec13 tion and section 134, approved not less frequently

14 than biennially by the Secretary.

15 ‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—

16 Notwithstanding any other provision of law, action

17 by the Secretary shall not be required to advance a

18 project included in the approved statewide transpor19 tation improvement program in place of another

20 project of higher priority in the program.

21 ‘‘(g) FUNDING.—Funds set aside under section 505

22 of this title and section 5313(b) of title 49 shall be avail23 able to carry out this section.

24 ‘‘(h) CONTINUATION OF CURRENT REVIEW PRAC25 TICE.—Since plans and programs described in this section
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•S 1173 RS

1 or section 134 are subject to a reasonable opportunity for

2 public comment, since individual projects included in the

3 plans and programs are subject to review under the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

5 et seq.), and since decisions by the Secretary concerning

6 plans and programs described in this section have not been

7 reviewed under that Act as of January 1, 1997, any deci8 sion by the Secretary concerning a plan or program de9 scribed in this section or section 134 shall not be consid10 ered to be a Federal action subject to review under the

11 National Environmental Policy Act of 1969 (42 U.S.C.

12 4321 et seq.).’’.

13 SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES

14 PROGRAM.

15 (a) ESTABLISHMENT.—The Secretary shall establish

16 an advanced travel forecasting procedures program—

17 (1) to provide for completion of the advanced

18 transportation model developed under the Transpor19 tation Analysis Simulation System (referred to in

20 this section as ‘‘TRANSIMS’’); and

21 (2) to provide support for early deployment of

22 the advanced transportation modeling computer soft23 ware and graphics package developed under

24 TRANSIMS and the program established under this

25 section to States, local governments, and metropoli-
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•S 1173 RS

1 tan planning organizations with responsibility for

2 travel modeling.

3 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use

4 funds made available under this section to—

5 (1) provide funding for completion of core de6 velopment of the advanced transportation model;

7 (2) develop user-friendly advanced transpor8 tation modeling computer software and graphics

9 packages;

10 (3) provide training and technical assistance

11 with respect to the implementation and application

12 of the advanced transportation model to States, local

13 governments, and metropolitan planning organiza14 tions with responsibility for travel modeling; and

15 (4) allocate funds to not more than 12 entities

16 described in paragraph (3), representing a diversity

17 of populations and geographic regions, for a pilot

18 program to enable transportation management areas

19 designated under section 134(i) of title 23, United

20 States Code, to convert from the use of travel fore21 casting procedures in use by the areas as of the date

22 of enactment of this section Act to the use of the ad23 vanced transportation model.

24 (c) AUTHORIZATION OF CONTRACT AUTHORITY.—
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•S 1173 RS

1 (1) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the Mass

3 Transit Account) to carry out this section

4 $4,000,000 for fiscal year 1998, $3,000,000 for fis5 cal year 1999, $6,500,000 for fiscal year 2000,

6 $5,000,000 for fiscal year 2001, $4,000,000 for fis7 cal year 2002, and $2,500,000 for fiscal year 2003.

8 (2) ALLOCATION OF FUNDS.—

9 (A) FISCAL YEARS 1998 AND 1999.—For

10 each of fiscal years 1998 and 1999, 100 per11 cent of the funds made available under para12 graph (1) shall be allocated to activities in de13 scribed in paragraphs (1), (2), and (3) of sub14 section (b).

15 (B) FISCAL YEARS 2000 THROUGH 2003.—

16 For each of fiscal years 2000 through 2003,

17 not more than 50 percent of the funds made

18 available under paragraph (1) may be allocated

19 to activities described in subsection (b)(4).

20 (3) CONTRACT AUTHORITY.—Funds authorized

21 under this subsection shall be available for obligation

22 in the same manner as if the funds were apportioned

23 under chapter 1 of title 23, United States Code, ex24 cept that the Federal share of the cost of—
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•S 1173 RS

1 (A) any activity described in paragraph

2 (1), (2), or (3) of subsection (b) shall not ex3 ceed 100 percent; and

4 (B) any activity described in subsection

5 (b)(4) shall not exceed 80 percent.

6 SEC. 1604. TRANSPORTATION AND COMMUNITY AND SYS7 TEM PRESERVATION PILOT PROGRAM.

8 (a) ESTABLISHMENT.—In cooperation with appro9 priate State, regional, and local governments, the Sec10 retary shall establish a comprehensive initiative to inves11 tigate and address the relationships between transpor12 tation and community and system preservation.

13 (b) RESEARCH.—

14 (1) IN GENERAL.—In cooperation with appro15 priate Federal agencies, State, regional, and local

16 governments, and other entities eligible for assist17 ance under subsection (d), the Secretary shall carry

18 out a comprehensive research program to investigate

19 the relationships between transportation, community

20 preservation, and the environment.

21 (2) REQUIRED ELEMENTS.—The program shall

22 provide for monitoring and analysis of projects car23 ried out with funds made available to carry out sub24 sections (c) and (d).

25 (c) PLANNING.—
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•S 1173 RS

1 (1) IN GENERAL.—The Secretary may shall al2 locate funds made available to carry out this sub3 section to States, metropolitan planning organiza4 tions, and local governments to plan, develop, and

5 implement strategies to integrate transportation and

6 community and system preservation plans and prac7 tices.

8 (2) PURPOSES.—The purposes of the alloca9 tions shall be—

10 (A) to improve the efficiency of the trans11 portation system;

12 (B) to reduce the impacts of transpor13 tation on the environment;

14 (C) to reduce the need for costly future in15 vestments in public infrastructure; and

16 (D) to provide efficient access to jobs,

17 services, and centers of trade.

18 (3) CRITERIA.—In allocating funds made avail19 able to carry out this subsection, the Secretary shall

20 give priority to applicants that—

21 (A) propose projects for funding that ad22 dress the purposes described in paragraph (2);

23 (B) demonstrate a commitment to public

24 involvement, including involvement of nontradi25 tional partners in the project team; and
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•S 1173 RS

1 (C) demonstrate a commitment of non2 Federal resources to the proposed projects.

3 (d) ALLOCATION OF FUNDS FOR IMPLEMENTA4 TION.—

5 (1) IN GENERAL.—The Secretary may shall al6 locate funds made available to carry out this sub7 section to States, metropolitan planning organiza8 tions, and local governments to carry out projects to

9 address transportation efficiency and community

10 and system preservation.

11 (2) CRITERIA.—In allocating funds made avail12 able to carry out this subsection, the Secretary shall

13 give priority to applicants that—

14 (A) have instituted preservation or develop15 ment plans and programs that—

16 (i) meet the requirements of title 23

17 and chapter 53 of title 49, United States

18 Code; and

19 (ii) are—

20 (I) coordinated with adopted

21 preservation or development plans; or

22 (II) intended to promote cost-ef23 fective and strategic investments in

24 transportation infrastructure that
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1 minimize adverse impacts on the envi2 ronment;

3 (B) have instituted other policies to inte4 grate transportation and community and sys5 tem preservation practices, such as—

6 (i) spending policies that direct funds

7 to high-growth areas;

8 (ii) urban growth boundaries to guide

9 metropolitan expansion;

10 (iii) ‘‘green corridors’’ programs that

11 provide access to major highway corridors

12 for areas targeted for efficient and com13 pact development; or

14 (iv) other similar programs or policies

15 as determined by the Secretary;

16 (C) have preservation or development poli17 cies that include a mechanism for reducing po18 tential impacts of transportation activities on

19 the environment; and

20 (D) propose projects for funding that ad21 dress the purposes described in subsection

22 (c)(2).

23 (3) EQUITABLE DISTRIBUTION.—In allocating

24 funds to carry out this subsection, the Secretary shall
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1 ensure the equitable distribution of funds to a diver2 sity of populations and geographic regions.

3 (3) (4) USE OF ALLOCATED FUNDS.—

4 (A) IN GENERAL.—An allocation of funds

5 made available to carry out this subsection shall

6 be used by the recipient to implement the

7 projects proposed in the application to the Sec8 retary.

9 (B) TYPES OF PROJECTS.—The allocation

10 of funds shall be available for obligation for—

11 (i) any project eligible for funding

12 under title 23 or chapter 53 of title 49,

13 United States Code; or

14 (ii) any other activity relating to

15 transportation and community and system

16 preservation that the Secretary determines

17 to be appropriate, including corridor pres18 ervation activities that are necessary to im19 plement—

20 (I) transit-oriented development

21 plans;

22 (II) traffic calming measures; or

23 (III) other coordinated transpor24 tation and community and system

25 preservation practices.
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1 (e) AUTHORIZATION OF CONTRACT AUTHORITY.—

2 (1) IN GENERAL.—There shall be available

3 from the Highway Trust Fund (other than the Mass

4 Transit Account) to carry out this section

5 $20,000,000 for each of fiscal years 1998 through

6 2003.

7 (2) CONTRACT AUTHORITY.—Funds authorized

8 under this subsection shall be available for obligation

9 in the same manner as if the funds were apportioned

10 under chapter 1 of title 23, United States Code.

11 Subtitle G—Technical Corrections

12 SEC. 1701. FEDERAL-AID SYSTEMS.

13 (a) IN GENERAL.—Section 103 of title 23, United

14 States Code, is amended to read as follows:

15 ‘‘§ 103. Federal-aid systems

16 ‘‘(a) IN GENERAL.—For the purposes of this title,

17 the Federal-aid systems are the Interstate System and the

18 National Highway System.

19 ‘‘(b) NATIONAL HIGHWAY SYSTEM.—

20 ‘‘(1) DESCRIPTION.—The National Highway

21 System consists of an interconnected system of

22 major routes and connectors that—

23 ‘‘(A) serve major population centers, inter24 national border crossings, ports, airports, public

25 transportation facilities, and other intermodal
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1 transportation facilities and other major travel

2 destinations;

3 ‘‘(B) meet national defense requirements;

4 and

5 ‘‘(C) serve interstate and interregional

6 travel.

7 ‘‘(2) COMPONENTS.—The National Highway

8 System consists of the following:

9 ‘‘(A) The Interstate System described in

10 subsection (c).

11 ‘‘(B) Other urban and rural principal arte12 rial routes.

13 ‘‘(C) Other connector highways (including

14 toll facilities) that provide motor vehicle access

15 between arterial routes on the National High16 way System and a major intermodal transpor17 tation facility.

18 ‘‘(D) A strategic highway network consist19 ing of a network of highways that are impor20 tant to the United States strategic defense pol21 icy and that provide defense access, continuity,

22 and emergency capabilities for the movement of

23 personnel, materials, and equipment in both

24 peacetime and wartime. The highways may be

25 highways on or off the Interstate System and
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1 shall be designated by the Secretary in con2 sultation with appropriate Federal agencies and

3 the States.

4 ‘‘(E) Major strategic highway network con5 nectors consisting of highways that provide

6 motor vehicle access between major military in7 stallations and highways that are part of the

8 strategic highway network. The highways shall

9 be designated by the Secretary in consultation

10 with appropriate Federal agencies and the

11 States.

12 ‘‘(3) MAXIMUM MILEAGE.—The mileage of

13 highways on the National Highway System shall not

14 exceed 178,250 miles.

15 ‘‘(4) MODIFICATIONS TO NHS.—

16 ‘‘(A) IN GENERAL.—The Secretary may

17 make any modification, including any modifica18 tion consisting of a connector to a major inter19 modal terminal, to the National Highway Sys20 tem that is proposed by a State or that is pro21 posed by a State and revised by the Secretary

22 if the Secretary determines that the modifica23 tion—
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1 ‘‘(i) meets the criteria established for

2 the National Highway System under this

3 title; and

4 ‘‘(ii) enhances the national transpor5 tation characteristics of the National High6 way System.

7 ‘‘(B) COOPERATION.—

8 ‘‘(i) IN GENERAL.—In proposing a

9 modification under this paragraph, a State

10 shall cooperate with local and regional offi11 cials.

12 ‘‘(ii) URBANIZED AREAS.—In an ur13 banized area, the local officials shall act

14 through the metropolitan planning organi15 zation designated for the area under sec16 tion 134.

17 ‘‘(c) INTERSTATE SYSTEM.—

18 ‘‘(1) DESCRIPTION.—

19 ‘‘(A) IN GENERAL.—The Dwight D. Eisen20 hower National System of Interstate and De21 fense Highways within the United States (in22 cluding the District of Columbia and Puerto

23 Rico), consists of highways—

24 ‘‘(i) designed—
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1 ‘‘(I) in accordance with the

2 standards of section 109(b); or

3 ‘‘(II) in the case of highways in

4 Alaska and Puerto Rico, in accord5 ance with such geometric and con6 struction standards as are adequate

7 for current and probable future traffic

8 demands and the needs of the locality

9 of the highway; and

10 ‘‘(ii) located so as—

11 ‘‘(I) to connect by routes, as di12 rect as practicable, the principal met13 ropolitan areas, cities, and industrial

14 centers;

15 ‘‘(II) to serve the national de16 fense; and

17 ‘‘(III) to the maximum extent

18 practicable, to connect at suitable bor19 der points with routes of continental

20 importance in Canada and Mexico.

21 ‘‘(B) SELECTION OF ROUTES.—To the

22 maximum extent practicable, each route of the

23 Interstate System shall be selected by joint ac24 tion of the State transportation agencies of the

25 State in which the route is located and the ad-
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1 joining States, in cooperation with local and re2 gional officials, and subject to the approval of

3 the Secretary.

4 ‘‘(2) MAXIMUM MILEAGE.—The mileage of

5 highways on the Interstate System shall not exceed

6 43,000 miles, exclusive of designations under para7 graph (4).

8 ‘‘(3) MODIFICATIONS.—The Secretary may ap9 prove or require modifications to the Interstate Sys10 tem in a manner consistent with the policies and

11 procedures established under this subsection.

12 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—

13 ‘‘(A) ADDITIONS.—If the Secretary deter14 mines that a highway on the National Highway

15 System meets all standards of a highway on the

16 Interstate System and that the highway is a

17 logical addition or connection to the Interstate

18 System, the Secretary may, upon the affirma19 tive recommendation of the State or States in

20 which the highway is located, designate the

21 highway as a route on the Interstate System.

22 ‘‘(B) DESIGNATIONS AS FUTURE INTER23 STATE SYSTEM ROUTES.—

24 ‘‘(i) IN GENERAL.—If the Secretary

25 determines that a highway on the National
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1 Highway System would be a logical addi2 tion or connection to the Interstate System

3 and would qualify for designation as a

4 route on the Interstate System under sub5 paragraph (A), the Secretary may, upon

6 the affirmative recommendation of the

7 State or States in which the highway is lo8 cated, designate the highway as a future

9 Interstate System route.

10 ‘‘(ii) WRITTEN AGREEMENT OF

11 STATES.—A designation under clause (i)

12 shall be made only upon the written agree13 ment of the State or States described in

14 that clause that the highway will be con15 structed to meet all standards of a high16 way on the Interstate System by the date

17 that is 12 years after the date of the

18 agreement.

19 ‘‘(iii) REMOVAL OF DESIGNATION.—

20 ‘‘(I) IN GENERAL.—If the State

21 or States described in clause (i) have

22 not substantially completed the con23 struction of a highway designated

24 under this subparagraph within the

25 time provided for in the agreement be-
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1 tween the Secretary and the State or

2 States under clause (ii), the Secretary

3 shall remove the designation of the

4 highway as a future Interstate System

5 route.

6 ‘‘(II) EFFECT OF REMOVAL.—

7 Removal of the designation of a high8 way under subclause (I) shall not pre9 clude the Secretary from designating

10 the highway as a route on the Inter11 state System under subparagraph (A)

12 or under any other provision of law

13 providing for addition to the Inter14 state System.

15 ‘‘(iv) PROHIBITION ON REFERRAL AS

16 INTERSTATE SYSTEM ROUTE.—No law,

17 rule, regulation, map, document, or other

18 record of the United States, or of any

19 State or political subdivision of a State,

20 shall refer to any highway designated as a

21 future Interstate System route under this

22 subparagraph, nor shall any such highway

23 be signed or marked, as a highway on the

24 Interstate System until such time as the

25 highway is constructed to the geometric
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1 and construction standards for the Inter2 state System and has been designated as

3 a route on the Interstate System.

4 ‘‘(C) FINANCIAL RESPONSIBILITY.—

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), the designation of a

7 highway under this paragraph shall create

8 no additional Federal financial responsibil9 ity with respect to the highway.

10 ‘‘(ii) CERTAIN HIGHWAYS.—Subject to

11 section 119(b)(1)(B), a State may use

12 funds available to the State under para13 graphs (1) and (3) of section 104(b) for

14 the resurfacing, restoration, rehabilitation,

15 and reconstruction of a highway—

16 ‘‘(I) designated before March 9,

17 1984, as a route on the Interstate

18 System under subparagraph (A) or as

19 a future Interstate System route

20 under subparagraph (B); or

21 ‘‘(II) in Alaska or Puerto Rico

22 designated under subparagraph (A)

23 and located in Alaska or Puerto Rico.

24 ‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTION

25 FUNDS.—
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1 ‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT

2 IN SURPLUS.—

3 ‘‘(A) IN GENERAL.—Upon application by a

4 State and approval by the Secretary, the Sec5 retary may transfer to the apportionment of the

6 State under section 104(b)(1) any amount of

7 funds apportioned to the State under section

8 104(b)(5)(A) (as in effect on the day before the

9 date of enactment of the Intermodal Surface

10 Transportation Efficiency Act of 1997), if the

11 amount does not exceed the Federal share of

12 the costs of construction of segments of the

13 Interstate System in the State included in the

14 most recent Interstate System cost estimate.

15 ‘‘(B) EFFECT OF TRANSFER.—Upon trans16 fer of an amount under subparagraph (A), the

17 construction on which the amount is based, as

18 included in the most recent Interstate System

19 cost estimate, shall be ineligible for funding

20 under section 104(b)(5)(A) (as in effect on the

21 day before the date of enactment of the Inter22 modal Surface Transportation Efficiency Act of

23 1997) or 104(k).

24 ‘‘(2) SURPLUS INTERSTATE CONSTRUCTION

25 FUNDS.—Upon application by a State and approval
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1 by the Secretary, the Secretary may transfer to the

2 apportionment of the State under section 104(b)(1)

3 any amount of surplus funds apportioned to the

4 State under section 104(b)(5)(A) (as in effect on the

5 day before the date of enactment of the Intermodal

6 Surface Transportation Efficiency Act of 1997), if

7 the State has fully financed all work eligible under

8 the most recent Interstate System cost estimate.

9 ‘‘(3) APPLICABILITY OF CERTAIN LAWS.—

10 Funds transferred under this subsection shall be

11 subject to the laws (including regulations, policies,

12 and procedures) relating to the apportionment to

13 which the funds are transferred.

14 ‘‘(e) UNOBLIGATED BALANCES OF INTERSTATE SUB15 STITUTE FUNDS.—Unobligated balances of funds appor16 tioned to a State under section 103(e)(4)(H) (as in effect

17 on the day before the date of enactment of the Intermodal

18 Surface Transportation Efficiency Act of 1997) shall be

19 available for obligation by the State under the law (includ20 ing regulations, policies, and procedures) relating to the

21 obligation and expenditure of the funds in effect on that

22 date.’’.

23 (b) CONFORMING AMENDMENTS.—

24 (1)(A) Section 101(a) of title 23, United States

25 Code, is amended in the undesignated paragraph de-
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1 fining ‘‘Interstate System’’ by striking ‘‘subsection

2 (e) of section 103 of this title’’ and inserting ‘‘sec3 tion 103(c)’’.

4 (B) Section 104(f)(1) of title 23, United States

5 Code, is amended by striking ‘‘, except that’’ and all

6 that follows through ‘‘programs’’.

7 (C) Section 115(a) of title 23, United States

8 Code, is amended—

9 (i) in the subsection heading, by striking

10 ‘‘SUBSTITUTE,’’; and

11 (ii) in paragraph (1)(A)(i), by striking

12 ‘‘103(e)(4)(H),’’;

13 (D) Section 118 of title 23, United States Code

14 (as amended by section 1118(b)), is amended—

15 (i) by striking subsection (d); and

16 (ii) by redesignating subsections (e), (f),

17 and (g) (as added by section 1103(d)) as sub18 sections (c), (d), and (e), respectively.

19 (E) Section 129(b) of title 23, United States

20 Code, is amended in the first sentence by striking

21 ‘‘which has been’’ and all that follows through ‘‘and

22 has not’’ and inserting ‘‘which is a public road and

23 has not’’.

24 (2)(A) Section 139 of title 23, United States

25 Code, is repealed.
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1 (B) The analysis for chapter 1 of title 23, Unit2 ed States Code, is amended by striking the item re3 lating to section 139.

4 (C) Section 119(a) of title 23, United States

5 Code, is amended in the first sentence—

6 (i) by striking ‘‘sections 103 and 139(c) of

7 this title’’ and inserting ‘‘section 103(c)(1) and,

8 in Alaska and Puerto Rico, under section

9 103(c)(4)(A)’’; and

10 (ii) by striking ‘‘section 139 (a) and (b) of

11 this title’’ and inserting ‘‘subparagraphs (A)

12 and (B) of section 103(c)(4)’’.

13 (D) Section 127(f) of title 23, United States

14 Code, is amended by striking ‘‘section 139(a)’’ and

15 inserting ‘‘section 103(c)(4)(A)’’.

16 (E) Section 1105(e)(5) of the Intermodal Sur17 face Transportation Efficiency Act of 1991 (109

18 Stat. 597) is amended by striking subparagraph (B)

19 and inserting the following:

20 ‘‘(B) TREATMENT OF SEGMENTS.—Subject

21 to subparagraph (C), segments designated as

22 parts of the Interstate System under this para23 graph shall be treated in the same manner as

24 segments designated under section 103(c)(4)(A)

25 of title 23, United States Code.’’.
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1 SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

2 (a) DEFINITIONS AND DECLARATION OF POLICY.—

3 (1) CREATION OF POLICY SECTION.—Section

4 102 of title 23, United States Code, is amended—

5 (A) by striking the section heading and in6 serting the following:

7 ‘‘§ 102. Declaration of policy’’;

8 (B) by redesignating subsection (a) as sub9 section (c) and moving that subsection to the

10 end of section 146; and

11 (C) by redesignating subsection (b) as sub12 section (f) and moving that subsection to the

13 end of section 118 (as amended by section

14 1701(b)(1)(D)(ii)).

15 (2) TRANSFER OF POLICY PROVISIONS.—Sec16 tion 101 of title 23, United States Code, is amend17 ed—

18 (A) by striking the section heading and in19 serting the following:

20 ‘‘§ 101. Definitions’’;

21 (B) in subsection (a), by striking ‘‘(a)’’;

22 (C) by striking subsection (b); and

23 (D) by redesignating subsections (c)

24 through (e) as subsections (a) through (c), re25 spectively, and moving those subsections to sec26 tion 102 (as amended by paragraph (1)).
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1 (3) CONFORMING AMENDMENTS.—

2 (A) The analysis for chapter 1 of title 23,

3 United States Code, is amended by striking the

4 items relating to sections 101 and 102 and in5 serting the following:

‘‘101. Definitions.

‘‘102. Declaration of policy.’’.

6 (B) Section 47107(j)(1)(B) of title 49,

7 United States Code, is amended by striking

8 ‘‘section 101(a)’’ and inserting ‘‘section 101’’.

9 (b) ADVANCE CONSTRUCTION.—Section 115 of title

10 23, United States Code, is amended—

11 (1) in subsection (b)—

12 (A) by striking ‘‘PROJECTS’’ and all that

13 follows through ‘‘When a State’’ and inserting

14 ‘‘PROJECTS.—When a State’’;

15 (B) by striking paragraphs (2) and (3);

16 and

17 (C) by redesignating subparagraphs (A)

18 and (B) as paragraphs (1) and (2), respectively,

19 and indenting appropriately;

20 (2) by striking subsection (c);

21 (3) in subsection (d), by striking ‘‘section

22 135(f)’’ and inserting ‘‘section 135’’; and

23 (4) by redesignating subsection (d) as sub24 section (c).
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1 (c) MAINTENANCE.—Section 116 of title 23, United

2 States Code, is amended—

3 (1) in subsection (a), by striking the second

4 sentence;

5 (2) by striking subsection (b);

6 (3) in subsection (c)—

7 (A) in the first sentence, by striking ‘‘he’’

8 and inserting ‘‘the Secretary’’; and

9 (B) in the second sentence, by striking

10 ‘‘further projects’’ and inserting ‘‘further ex11 penditure of Federal-aid highway program

12 funds’’; and

13 (4) by redesignating subsections (c) and (d) as

14 subsections (b) and (c), respectively.

15 (d) INTERSTATE MAINTENANCE PROGRAM.—Section

16 119(a) of title 23, United States Code, is amended in the

17 first sentence by striking ‘‘the date of enactment of this

18 sentence’’ and inserting ‘‘March 9, 1984’’.

19 (e) ADVANCES TO STATES.—Section 124 of title 23,

20 United States Code, is amended—

21 (1) by striking ‘‘(a)’’; and

22 (2) by striking subsection (b).

23 (f) DIVERSION.—

24 (1) IN GENERAL.—Section 126 of title 23,

25 United States Code, is repealed.
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1 (2) CONFORMING AMENDMENT.—The analysis

2 for chapter 1 of title 23, United States Code, is

3 amended by striking the item relating to section

4 126.

5 (g) RAILWAY-HIGHWAY CROSSINGS.—Section 130(f)

6 of title 23, United States Code, is amended by striking

7 ‘‘APPORTIONMENT’’ and all that follows through the first

8 sentence and inserting ‘‘FEDERAL SHARE.—’’.

9 (h) SURFACE TRANSPORTATION PROGRAM.—Section

10 133(a) of title 23, United States Code, is amended by

11 striking ‘‘ESTABLISHMENT.—The Secretary shall estab12 lish’’ and inserting ‘‘IN GENERAL.—The Secretary shall

13 carry out’’.

14 (i) CONTROL OF JUNKYARDS.—Section 136 of title

15 23, United States Code, is amended by striking subsection

16 (m) and inserting the following:

17 ‘‘(m) PRIMARY SYSTEM DEFINED.—For purposes of

18 this section, the term ‘primary system’ means the Federal19 aid primary system in existence on June 1, 1991, and any

20 highway which is not on such system but which is on the

21 National Highway System.’’.

22 (j) FRINGE AND CORRIDOR PARKING FACILITIES.—

23 Section 137(a) of title 23, United States Code, is amended

24 in the first sentence by striking ‘‘on the Federal-aid urban

25 system’’ and inserting ‘‘on a Federal-aid highway’’.
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1 (k) NONDISCRIMINATION.—Section 140 of title 23,

2 United States Code, is amended—

3 (1) in subsection (a)—

4 (A) in the first sentence, by striking ‘‘sub5 section (a) of section 105 of this title,’’ and in6 serting ‘‘section 106(a),’’;

7 (B) by striking ‘‘he’’ each place it appears

8 and inserting ‘‘the Secretary’’;

9 (C) in the second sentence, by striking

10 ‘‘He’’ and inserting ‘‘The Secretary’’;

11 (D) in the third sentence, by striking ‘‘In

12 approving programs for projects on any of the

13 Federal-aid systems,’’ and inserting ‘‘Before ap14 proving any project under section 106(a),’’; and

15 (E) in the last sentence, by striking ‘‘him’’

16 and inserting ‘‘the Secretary’’;

17 (2) by striking subsection (b);

18 (3) in the subsection heading of subsection (d),

19 by striking ‘‘AND CONTRACTING’’; and

20 (4) by redesignating subsections (c) and (d) as

21 subsections (b) and (c), respectively.

22 (l) PRIORITY PRIMARY ROUTES.—

23 (1) IN GENERAL.—Section 147 of title 23,

24 United States Code, is repealed.
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1 (2) CONFORMING AMENDMENT.—The analysis

2 for chapter 1 of title 23, United States Code, is

3 amended by striking the item relating to section

4 147.

5 (m) DEVELOPMENT OF A NATIONAL SCENIC AND

6 RECREATIONAL HIGHWAY.—

7 (1) IN GENERAL.—Section 148 of title 23,

8 United States Code, is repealed.

9 (2) CONFORMING AMENDMENT.—The analysis

10 for chapter 1 of title 23, United States Code, is

11 amended by striking the item relating to section

12 148.

13 (n) HAZARD ELIMINATION PROGRAM.—Section

14 152(e) of title 23, United States Code, is amended by

15 striking ‘‘apportioned to’’ in the first sentence and all that

16 follows through ‘‘shall be’’ in the second sentence.

17 (o) ACCESS HIGHWAYS TO PUBLIC RECREATION

18 AREAS ON CERTAIN LAKES.—

19 (1) IN GENERAL.—Section 155 of title 23,

20 United States Code, is repealed.

21 (2) CONFORMING AMENDMENT.—The analysis

22 for chapter 1 of title 23, United States Code, is

23 amended by striking the item relating to section

24 155.
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1 SEC. 1703. NONDISCRIMINATION.

2 (a) IN GENERAL.—Section 324 of title 23, United

3 States Code, is amended—

4 (1) by inserting ‘‘(d) PROHIBITION OF DIS5 CRIMINATION ON THE BASIS OF SEX.—’’ before ‘‘No

6 person’’; and

7 (2) by moving subsection (d) (as designated by

8 paragraph (1)) to the end of section 140 (as amend9 ed by section 1702(k)).

10 (b) CONFORMING AMENDMENTS.—

11 (1) Section 324 of title 23, United States Code,

12 is repealed.

13 (2) The analysis for chapter 3 of title 23, Unit14 ed States Code, is amended by striking the item re15 lating to section 324.

16 SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

17 (a) IN GENERAL.—Section 302 of title 23, United

18 States Code, is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘(a)’’;

21 (B) by striking the second sentence; and

22 (C) by adding at the end the following:

23 ‘‘Compliance with this section shall have no ef24 fect on the eligibility of costs.’’; and

25 (2) by striking subsection (b).

26 (b) CONFORMING AMENDMENTS.—
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1 (1) Title 23, United States Code, is amended—

2 (A) by striking ‘‘State highway depart3 ment’’ each place it appears and inserting

4 ‘‘State transportation department’’; and

5 (B) by striking ‘‘State highway depart6 ments’’ each place it appears and inserting

7 ‘‘State transportation departments’’.

8 (2) The analysis for chapter 3 of title 23, Unit9 ed States Code, is amended in the item relating to

10 section 302 by striking ‘‘highway’’ and inserting

11 ‘‘transportation’’.

12 (3) Section 302 of title 23, United States Code,

13 is amended in the section heading by striking

14 ‘‘highway’’ and inserting ‘‘transportation’’.

15 (4) Section 410(h)(5) of title 23, United States

16 Code, is amended in the paragraph heading by strik17 ing ‘‘HIGHWAY’’ and inserting ‘‘TRANSPORTATION’’.

18 (5) Section 201(b) of the Appalachian Regional

19 Development Act of 1965 (40 U.S.C. App.) is

20 amended in the second sentence by striking ‘‘State

21 highway department’’ and inserting ‘‘State transpor22 tation department’’.

23 (6) Section 138(c) of the Surface Transpor24 tation Assistance Act of 1978 (40 U.S.C. App. note

25 to section 201 of the Appalachian Regional Develop-
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•S 1173 RS

1 ment Act of 1965; Public Law 95–599) is amended

2 in the first sentence by striking ‘‘State highway de3 partment’’ and inserting ‘‘State transportation de4 partment’’.

5 Subtitle H—Miscellaneous

6 Provisions

7 SEC. 1801. DESIGNATION OF PORTION OF STATE ROUTE 17

8 IN NEW YORK AND PENNSYLVANIA AS INTER9 STATE ROUTE 86.

10 (a) IN GENERAL.—Subject to subsection (b)(2), not11 withstanding section 103(c), the portion of State Route 17

12 located between the junction of State Route 17 and Inter13 state Route 87 in Harriman, New York, and the junction

14 of State Route 17 and Interstate Route 90 near Erie, Penn15 sylvania, is designated as Interstate Route 86.

16 (b) SUBSTANDARD FEATURES.—

17 (1) UPGRADING.—Each segment of State Route

18 17 described in subsection (a) that does not substan19 tially meet the Interstate System design standards

20 under section 109(b) of title 23, United States Code,

21 in effect on the date of enactment of this Act shall be

22 upgraded in accordance with plans and schedules de23 veloped by the applicable State.

24 (2) DESIGNATION.—Each segment of State Route

25 17 that on the date of enactment of this Act is not
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1 at least 4 lanes wide, separated by a median, access2 controlled, and grade-separated shall—

3 (A) be designated as a future Interstate Sys4 tem route; and

5 (B) become part of Interstate Route 86 at

6 such time as the Secretary determines that the

7 segment substantially meets the Interstate Sys8 tem design standards described in paragraph

9 (1).

10 (c) TREATMENT OF ROUTE.—

11 (1) MILEAGE LIMITATION.—The mileage of Inter12 state Route 86 designated under subsection (a) shall

13 not be charged against the limitation established by

14 section 103(c)(2) of title 23, United States Code.

15 (2) FEDERAL FINANCIAL RESPONSIBILITY.—

16 (A) IN GENERAL.—Subject to subparagraph

17 (B), the designation of Interstate Route 86 under

18 subsection (a) shall not create increased Federal

19 financial responsibility with respect to the des20 ignated Route.

21 (B) USE OF CERTAIN FUNDS.—A State may

22 use funds available to the State under para23 graphs (1) and (3) of section 104(b) of title 23,

24 United States Code, to eliminate substandard

25 features of, and to resurface, restore, rehabilitate,
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1 or reconstruct, any portion of the designated

2 Route.

3 TITLE II—RESEARCH AND

4 TECHNOLOGY

5 Subtitle A—Research and Training

6 SEC. 2001. STRATEGIC RESEARCH PLAN.

7 Subtitle III of title 49, United States Code, is amend8 ed—

9 (1) in the table of chapters, by inserting after

10 the item relating to chapter 51 the following:

‘‘52. RESEARCH AND DEVELOPMENT ...................................... 5201’’;

11 and

12 (2) by inserting after chapter 51 the following:

13 ‘‘CHAPTER 52—RESEARCH AND

14 DEVELOPMENT

‘‘Sec.

‘‘5201. Definitions.

‘‘SUBCHAPTER I—GENERAL AND ADMINISTRATIVE PROVISIONS

‘‘5211. Transactional authority.

‘‘SUBCHAPTER II—STRATEGIC PLANNING

‘‘5221. Strategic planning.

‘‘5222. Authorization of appropriations contract authority.

‘‘SUBCHAPTER III—MULTIMODAL TRANSPORTATION RESEARCH

AND DEVELOPMENT PROGRAM

‘‘5231. Multimodal Transportation Research and Development Program.

‘‘5232. Authorization of appropriations contract authority.

‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY TRANSPORTATION

CENTERS

‘‘5241. National university transportation centers.
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1 ‘‘§ 5201. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) DEPARTMENT.—The term ‘Department’

4 means the Department of Transportation.

5 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

6 the Secretary of Transportation.

7 ‘‘SUBCHAPTER I—GENERAL AND

8 ADMINISTRATIVE PROVISIONS

9 ‘‘§ 5211. Transactional authority

10 ‘‘To further the objectives of this chapter, the Sec11 retary may make grants to, and enter into contracts, coop12 erative agreements, and other transactions with—

13 ‘‘(1) any person or any agency or instrumental14 ity of the United States;

15 ‘‘(2) any unit of State or local government;

16 ‘‘(3) any educational institution; and

17 ‘‘(4) any other entity.

18 ‘‘SUBCHAPTER II—STRATEGIC PLANNING

19 ‘‘§ 5221. Strategic planning

20 ‘‘(a) AUTHORITY.—The Secretary shall establish a

21 strategic planning process to—

22 ‘‘(1) determine national transportation re23 search, development, and technology deployment pri24 orities, strategies, and milestones over the next 5

25 years;
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1 ‘‘(2) coordinate Federal transportation re2 search, development, and technology deployment ac3 tivities; and

4 ‘‘(3) measure the impact of the research, devel5 opment, and technology investments described in

6 paragraph (2) on the performance of the transpor7 tation system of the United States.

8 ‘‘(b) CRITERIA.—In developing strategic plans for

9 intermodal, multimodal, and mode-specific research, devel10 opment, and technology deployment, the Secretary shall

11 consider the need to—

12 ‘‘(1) coordinate and integrate Federal, regional,

13 State, and metropolitan planning research, develop14 ment, and technology activities in urban and rural

15 areas;

16 ‘‘(2) promote standards that facilitate a seam17 less and interoperable transportation system;

18 ‘‘(3) encourage innovation;

19 ‘‘(4) identify and facilitate initiatives and part20 nerships to deploy technology with the potential for

21 improving transportation systems during the next 5-

22 year and 10-year periods;

23 ‘‘(5) identify core research to support the long24 term transportation technology and system needs of
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1 urban and rural areas of the United States, includ2 ing safety;

3 ‘‘(6) ensure the ability of the United States to

4 compete on a global basis; and

5 ‘‘(7) provide a means of assessing the impact of

6 Federal research and technology investments on the

7 performance of the transportation system of the

8 United States.

9 ‘‘(c) IMPLEMENTATION.—

10 ‘‘(1) IN GENERAL.—In carrying out subsection

11 (a), the Secretary shall adopt such policies and pro12 cedures as are appropriate—

13 ‘‘(A) to provide for integrated planning, co14 ordination, and consultation among the Admin15 istrators of the operating administrations of the

16 Department and other Federal officials with re17 sponsibility for research, development, and tech18 nology transfer important to national transpor19 tation needs;

20 ‘‘(B) to promote the exchange of informa21 tion on transportation-related research and de22 velopment activities among the operating ele23 ments of the Department, other Federal depart24 ments and agencies, State and local govern25 ments, colleges and universities, industry, and
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1 other private and public sector organizations

2 engaged in the activities;

3 ‘‘(C) to ensure that the research and devel4 opment programs of the Department do not du5 plicate other Federal and, to the maximum ex6 tent practicable, private sector research and de7 velopment programs; and

8 ‘‘(D) to ensure that the research and de9 velopment activities of the Department—

10 ‘‘(i) make appropriate use of the tal11 ents, skills, and abilities at the Federal

12 laboratories; and

13 ‘‘(ii) leverage, to the maximum extent

14 practicable, the research, development, and

15 technology transfer capabilities of institu16 tions of higher education and private in17 dustry.

18 ‘‘(2) CONSULTATION.—The procedures and

19 policies adopted under paragraph (1) shall include

20 consultation with State officials and members of the

21 private sector.

22 ‘‘(d) REPORTS.—

23 ‘‘(1) IN GENERAL.—Concurrent with the sub24 mission to Congress of the budget of the President

25 for each fiscal year, the Secretary shall submit to
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1 the Committee on Environment and Public Works of

2 the Senate and the Committee on Transportation

3 and Infrastructure of the House of Representatives

4 a report on the strategic plans, goals, and milestones

5 developed under subsections (a) and (b) to help

6 guide research, development, and technology transfer

7 activities during the 5-year period beginning on the

8 date of the report.

9 ‘‘(2) COMPARISON TO PREVIOUS REPORT.—The

10 report shall include a delineation of the progress

11 made with respect to each of the plans, goals, and

12 milestones specified in the previous report.

13 ‘‘(3) PROHIBITION ON OBLIGATION FOR FAIL14 URE TO SUBMIT REPORT.—Beginning on the date of

15 the submission to Congress of the budget of the

16 President for fiscal year 2000, and on the date of

17 the submission for each fiscal year thereafter, none

18 of the funds made available under this chapter or

19 chapter 5 of title 23 may be obligated until the re20 port required under paragraph (1) for that fiscal

21 year is submitted.

22 ‘‘§ 5222. Authorization of contract authority

23 ‘‘(a) IN GENERAL.—There shall be available from the

24 Highway Trust Fund (other than the Mass Transit Ac-
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1 count) to carry out this subchapter $1,500,000 for each

2 of fiscal years 1998 through 2003.

3 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

4 under this section shall be available for obligation in the

5 same manner as if the funds were apportioned under chap6 ter 1 of title 23, except that—

7 ‘‘(1) any Federal share of the cost of an activity

8 under this subchapter shall be determined in accord9 ance with this subchapter; and

10 ‘‘(2) the funds shall remain available for obliga11 tion for a period of 2 years after the last day of the

12 fiscal year for which the funds are authorized.

13 ‘‘(c) USE OF UNALLOCATED FUNDS.—To the extent

14 that the amounts made available for any fiscal year under

15 subsection (a) exceed the amounts used to carry out sec16 tion 5221 for the fiscal year, the excess amounts—

17 ‘‘(1) shall be apportioned in accordance with

18 section 104(b)(3) of title 23;

19 ‘‘(2) shall be considered to be sums made avail20 able for expenditure on the surface transportation

21 program, except that the amounts shall not be sub22 ject to section 133(d) of that title; and

23 ‘‘(3) shall be available for any purpose eligible

24 for funding under section 133 of that title.’’.
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1 SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH

2 AND DEVELOPMENT PROGRAM.

3 Chapter 52 of title 49, United States Code (as added

4 by section 2001), is amended by adding at the end the

5 following:

6 ‘‘SUBCHAPTER III—MULTIMODAL TRANSPOR7 TATION RESEARCH AND DEVELOPMENT

8 PROGRAM

9 ‘‘§ 5231. Multimodal Transportation Research and De10 velopment Program

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish a program to be known as the ‘Multimodal Transpor13 tation Research and Development Program’.

14 ‘‘(b) PURPOSES.—The purposes of the Multimodal

15 Transportation Research and Development Program are

16 to—

17 ‘‘(1) enhance the capabilities of Federal agen18 cies to meet national transportation needs, as de19 fined by the missions of the agencies, through sup20 port for long-term and applied research and develop21 ment that would benefit the various modes of trans22 portation, including research and development in

23 safety, security, mobility, energy and the environ24 ment, information and physical infrastructure, and

25 industrial design;
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1 ‘‘(2) identify and apply innovative research per2 formed by the Federal Government, academia, and

3 the private sector to the intermodal and multimodal

4 transportation research, development, and deploy5 ment needs of the Department and the transpor6 tation enterprise of the United States;

7 ‘‘(3) identify and leverage research, tech8 nologies, and other information developed by the

9 Federal Government for national defense and non10 defense purposes for the benefit of the public, com11 mercial, and defense transportation sectors; and

12 ‘‘(4) share information and analytical and re13 search capabilities among the Federal Government,

14 State and local governments, colleges and univer15 sities, and private organizations to advance their

16 ability to meet their transportation research, devel17 opment, and deployment needs.

18 ‘‘(c) PROCESS FOR CONSULTATION.—To advise the

19 Secretary in establishing priorities within the Program,

20 the Secretary shall establish a process for consultation

21 among the Administrators of the operating administra22 tions of the Department and other Federal officials with

23 responsibility for research.
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1 ‘‘§ 5232. Authorization of contract authority

2 ‘‘(a) IN GENERAL.—There shall be available from the

3 Highway Trust Fund (other than the Mass Transit Ac4 count) to carry out this subchapter $2,500,000 for each

5 of fiscal years 1998 through 2003.

6 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

7 under this section shall be available for obligation in the

8 same manner as if the funds were apportioned under chap9 ter 1 of title 23, except that—

10 ‘‘(1) any Federal share of the cost of an activity

11 under this subchapter shall be determined in accord12 ance with this subchapter; and

13 ‘‘(2) the funds shall remain available for obliga14 tion for a period of 2 years after the last day of the

15 fiscal year for which the funds are authorized.’’.

16 SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CEN17 TERS.

18 (a) IN GENERAL.—Chapter 52 of title 49, United

19 States Code (as amended by section 2002), is amended

20 by adding at the end the following:

21 ‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY

22 TRANSPORTATION CENTERS

23 ‘‘§ 5241. National university transportation centers

24 ‘‘(a) REGIONALLY BASED CENTERS IN GENERAL.—

25 The Secretary shall make grants to, or enter into con26 tracts with, the nonprofit institutions of higher learning
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•S 1173 RS

1 selected under section 5317 (as in effect on the day before

2 the date of enactment of this section) section)—

3 ‘‘(1) to operate 1 university transportation cen4 ter in each of the 10 Federal administrative regions

5 that comprise the Standard Federal Regional

6 Boundary System; and

7 ‘‘(2) to continue operation of university trans8 portation centers at the Mack-Blackwell National

9 Rural Transportation Study Center, the National

10 Center for Transportation and Industrial Productiv11 ity, the Institute for Surface Transportation Policy

12 Studies, the Urban Transit Institute at the Univer13 sity of South Florida, the National Center for Ad14 vanced Transportation Technology, and the Univer15 sity of Alabama Transportation Research Center.

16 ‘‘(b) ADDITIONAL CENTERS.—

17 ‘‘(1) IN GENERAL.—The Secretary may make

18 grants to nonprofit institutions of higher learning to

19 establish and operate not more than 10 4 additional

20 university transportation centers to address—

21 ‘‘(A) transportation management, research,

22 and development, with special attention to in23 creasing the number of highly skilled minority

24 individuals and women entering the transpor25 tation workforce;
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1 ‘‘(B) transportation and industrial produc2 tivity;

3 ‘‘(C) rural transportation;

4 ‘‘(D) advanced transportation technology;

5 ‘‘(E) international transportation policy

6 studies;

7 ‘‘(F) transportation infrastructure tech8 nology;

9 ‘‘(G) urban transportation research;

10 ‘‘(H) transportation and the environment;

11 ‘‘(I) surface transportation safety; or

12 ‘‘(J) infrastructure finance studies.

13 ‘‘(2) SELECTION CRITERIA.—

14 ‘‘(A) APPLICATION.—A nonprofit institu15 tion of higher learning that desires to receive a

16 grant under paragraph (1) shall submit an ap17 plication to the Secretary in such manner and

18 containing such information as the Secretary

19 may require.

20 ‘‘(B) SELECTION OF RECIPIENTS.—The

21 Secretary shall select each grant recipient under

22 paragraph (1) on the basis of—

23 ‘‘(i) the demonstrated research and

24 extension resources available to the recipi25 ent to carry out this section;
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•S 1173 RS

1 ‘‘(ii) the capability of the recipient to

2 provide leadership in making national and

3 regional contributions to the solution of

4 immediate and long-term transportation

5 problems;

6 ‘‘(iii) the establishment by the recipi7 ent of a surface transportation program

8 that encompasses several modes of trans9 portation;

10 ‘‘(iv) the demonstrated ability of the

11 recipient to disseminate results of trans12 portation research and education programs

13 through a statewide or regionwide continu14 ing education program; and

15 ‘‘(v) the strategic plan that the recipi16 ent proposes to carry out using the grant

17 funds. funds; and

18 ‘‘(vi) the extent to which private funds

19 have been committed to a university and

20 public-private partnerships established to

21 fulfill the objectives specified in paragraph

22 (1).

23 ‘‘(c) OBJECTIVES.—Each university transportation

24 center shall use grant funds under subsection (a) or (b)

25 to carry out—
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1 ‘‘(1) multimodal basic and applied research, the

2 products of which are judged by peers or other ex3 perts in the field to advance the body of knowledge

4 in transportation;

5 ‘‘(2) an education program that includes multi6 disciplinary course work and participation in re7 search; and

8 ‘‘(3) an ongoing program of technology transfer

9 that makes research results available to potential

10 users in a form that can be readily implemented,

11 used, or otherwise applied.

12 ‘‘(d) MAINTENANCE OF EFFORT.—Before making a

13 grant under subsection (a) or (b), the Secretary shall re14 quire the grant recipient to enter into an agreement with

15 the Secretary to ensure that the recipient will maintain,

16 during the period of the grant, a level of total expenditures

17 from all other sources for establishing and operating a

18 university transportation center and carrying out related

19 research activities that is at least equal to the average level

20 of those expenditures in the 2 fiscal years of the recipient

21 prior to the award of a grant under subsection (a) or (b).

22 ‘‘(e) ADDITIONAL GRANTS AND CONTRACTS.—

23 ‘‘(1) GRANTS OR CONTRACTS.—In addition to

24 grants under subsection (a) or (b), the Secretary

25 may make grants to, or enter into contracts with,
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1 university transportation centers without the need

2 for a competitive process.

3 ‘‘(2) USE OF GRANTS OR CONTRACTS.—A non4 competitive grant or contract under paragraph (1)

5 shall be used for transportation research, develop6 ment, education, or training consistent with the stra7 tegic plan approved as part of the selection process

8 for the center.

9 ‘‘(f) FEDERAL SHARE.—The Federal share of the

10 cost of establishing and operating a university transpor11 tation center and carrying out related research activities

12 under this section shall be not more than 50 percent.

13 ‘‘(g) PROGRAM COORDINATION.—

14 ‘‘(1) IN GENERAL.—The Secretary shall—

15 ‘‘(A) coordinate research, education, train16 ing, and technology transfer activities carried

17 out by grant recipients under this section;

18 ‘‘(B) disseminate the results of the re19 search; and

20 ‘‘(C) establish and operate a clearinghouse

21 for disseminating the results of the research.

22 ‘‘(2) REVIEW AND EVALUATION.—

23 ‘‘(A) IN GENERAL.—Not less often than

24 annually, the Secretary shall review and evalu-
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1 ate programs carried out by grant recipients

2 under this section.

3 ‘‘(B) NOTIFICATION OF DEFICIENCIES.—

4 In carrying out subparagraph (A), if the Sec5 retary determines that a university transpor6 tation center is deficient in meeting the objec7 tives of this section, the Secretary shall notify

8 the grant recipient operating the center of each

9 deficiency and provide specific recommendations

10 of measures that should be taken to address the

11 deficiency.

12 ‘‘(C) DISQUALIFICATION.—If, after the

13 end of the 180-day period that begins on the

14 date of notification to a grant recipient under

15 subparagraph (B) with respect to a center, the

16 Secretary determines that the recipient has not

17 corrected each deficiency identified under sub18 paragraph (B), the Secretary may, after notify19 ing the Committee on Environment and Public

20 Works of the Senate and the Committee on

21 Transportation and Infrastructure of the House

22 of Representatives of the determination—

23 ‘‘(i) disqualify the university transpor24 tation center from further participation

25 under this section; and
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1 ‘‘(ii) make a grant for the establish2 ment of a new university transportation

3 center, in lieu of the disqualified center,

4 under subsection (a) or (b), as applicable.

5 ‘‘(3) FUNDING.—The Secretary may use not

6 more than 1 percent of Federal funds made avail7 able under this section to carry out this subsection.

8 ‘‘(h) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available

10 from the Highway Trust Fund (other than the Mass

11 Transit Account) to carry out this section

12 $12,000,000 for each of fiscal years 1998 through

13 2003.

14 ‘‘(2) CONTRACT AUTHORITY.—Funds author15 ized under this subsection shall be made available

16 for obligation in the same manner as if the funds

17 were apportioned under chapter 1 of title 23, except

18 that the Federal share of the cost of a project under

19 this section shall be determined in accordance with

20 this section.

21 ‘‘(3) TECHNOLOGY TRANSFER ACTIVITIES.—

22 For each fiscal year, not less than 5 percent of the

23 amounts made available to carry out this section

24 shall be available to carry out technology transfer

25 activities.
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1 ‘‘(i) LIMITATION ON AVAILABILITY OF FUNDS.—

2 Funds authorized under this section shall remain available

3 for obligation for a period of 2 years after the last day

4 of the fiscal year for which the funds are authorized.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Sections 5316 and 5317 of title 49, United

7 States Code, are repealed.

8 (2) The analysis for chapter 53 of title 49,

9 United States Code, is amended by striking the

10 items relating to sections 5316 and 5317.

11 SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

12 (a) IN GENERAL.—Section 111 of title 49, United

13 States Code, is amended—

14 (1) in subsection (b)(4), by striking the second

15 sentence;

16 (2) in subsection (c)—

17 (A) in paragraph (1)—

18 (i) in subparagraph (J), by striking

19 ‘‘and’’ at the end;

20 (ii) in subparagraph (K), by striking

21 the period at the end and inserting ‘‘;

22 and’’; and

23 (iii) by adding at the end the follow24 ing:
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•S 1173 RS

1 ‘‘(L) transportation-related variables that

2 influence global competitiveness.’’;

3 (B) in paragraph (2)—

4 (i) in the first sentence, by striking

5 ‘‘national transportation system’’ and in6 serting ‘‘transportation systems of the

7 United States’’;

8 (ii) by striking subparagraph (A) and

9 inserting the following:

10 ‘‘(A) be coordinated with efforts to meas11 ure outputs and outcomes of the Department of

12 Transportation and the transportation systems

13 of the United States under the Government

14 Performance and Results Act of 1993 (Public

15 Law 103–62) and the amendments made by

16 that Act;’’; and

17 (iii) in subparagraph (C), by inserting

18 ‘‘, made relevant to the States and metro19 politan planning organizations,’’ after ‘‘ac20 curacy’’;

21 (C) in paragraph (3), by adding at the end

22 the following: ‘‘The Bureau shall review and re23 port to the Secretary of Transportation on the

24 sources and reliability of the statistics proposed

25 by the heads of the operating administrations of
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•S 1173 RS

1 the Department to measure outputs and out2 comes as required by the Government Perform3 ance and Results Act of 1993 (Public Law

4 103–62), and the amendments made by that

5 Act, and shall carry out such other reviews of

6 the sources and reliability of other data col7 lected by the heads of the operating administra8 tions of the Department as shall be requested

9 by the Secretary.’’; and

10 (D) by adding at the end the following:

11 ‘‘(7) SUPPORTING TRANSPORTATION DECISION12 MAKING.—Ensuring that the statistics compiled

13 under paragraph (1) are relevant for transportation

14 decisionmaking by the Federal Government, State

15 and local governments, transportation-related asso16 ciations, private businesses, and consumers.’’;

17 (3) by redesignating subsections (d), (e), and

18 (f) as subsections (h), (i), and (j), respectively;

19 (4) by striking subsection (g);

20 (5) by inserting after subsection (c) the follow21 ing:

22 ‘‘(d) TRANSPORTATION DATA BASE.—

23 ‘‘(1) IN GENERAL.—In consultation with the

24 Associate Deputy Secretary, the Assistant Secretar25 ies, and the heads of the operating administrations
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•S 1173 RS

1 of the Department of Transportation, the Director

2 shall establish and maintain a transportation data

3 base for all modes of transportation.

4 ‘‘(2) USE.—The data base shall be suitable for

5 analyses carried out by the Federal Government, the

6 States, and metropolitan planning organizations.

7 ‘‘(3) CONTENTS.—The data base shall in8 clude—

9 ‘‘(A) information on the volumes and pat10 terns of movement of goods, including local,

11 interregional, and international movement, by

12 all modes of transportation and intermodal

13 combinations, and by relevant classification;

14 ‘‘(B) information on the volumes and pat15 terns of movement of people, including local,

16 interregional, and international movements, by

17 all modes of transportation (including bicycle

18 and pedestrian modes) and intermodal combina19 tions, and by relevant classification;

20 ‘‘(C) information on the location and

21 connectivity of transportation facilities and

22 services; and

23 ‘‘(D) a national accounting of expenditures

24 and capital stocks on each mode of transpor25 tation and intermodal combination.
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•S 1173 RS

1 ‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—

2 ‘‘(1) IN GENERAL.—The Director shall establish

3 and maintain a National Transportation Library,

4 which shall contain a collection of statistical and

5 other information needed for transportation decision6 making at the Federal, State, and local levels.

7 ‘‘(2) ACCESS.—The Bureau shall facilitate and

8 promote access to the Library, with the goal of im9 proving the ability of the transportation community

10 to share information and the ability of the Bureau

11 to make statistics readily accessible under subsection

12 (c)(5).

13 ‘‘(3) COORDINATION.—The Bureau shall work

14 with other transportation libraries and other trans15 portation information providers, both public and pri16 vate, to achieve the goal specified in paragraph (2).

17 ‘‘(f) NATIONAL TRANSPORTATION ATLAS DATA

18 BASE.—

19 ‘‘(1) IN GENERAL.—The Director shall develop

20 and maintain geospatial data bases that depict—

21 ‘‘(A) transportation networks;

22 ‘‘(B) flows of people, goods, vehicles, and

23 craft over the networks; and
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•S 1173 RS

1 ‘‘(C) social, economic, and environmental

2 conditions that affect or are affected by the net3 works.

4 ‘‘(2) INTERMODAL NETWORK ANALYSIS.—The

5 data bases shall be able to support intermodal net6 work analysis.

7 ‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—The

8 Secretary may make grants to, or enter into cooperative

9 agreements or contracts with, public and nonprofit private

10 entities (including State departments of transportation,

11 metropolitan planning organizations, and institutions of

12 higher education) for—

13 ‘‘(1) investigation of the subjects specified in

14 subsection (c)(1) and research and development of

15 new methods of data collection, management, inte16 gration, dissemination, interpretation, and analysis;

17 ‘‘(2) development of electronic clearinghouses of

18 transportation data and related information, as part

19 of the National Transportation Library under sub20 section (e); and

21 ‘‘(3) development and improvement of methods

22 for sharing geographic data, in support of the na23 tional transportation atlas data base under sub24 section (f) and the National Spatial Data Infrastruc25 ture developed under Executive Order No. 12906.’’;
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•S 1173 RS

1 (6) by striking subsection (i) (as redesignated

2 by paragraph (3)) and inserting the following:

3 ‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—

4 ‘‘(1) IN GENERAL.—An officer or employee of

5 the Bureau may not—

6 ‘‘(A) make any disclosure in which the

7 data provided by an individual or organization

8 under subsection (c)(2) can be identified;

9 ‘‘(B) use the information provided under

10 subsection (c)(2) for a nonstatistical purpose;

11 or

12 ‘‘(C) permit anyone other than an individ13 ual authorized by the Director to examine any

14 individual report provided under subsection

15 (c)(2).

16 ‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN

17 DATA.—

18 ‘‘(A) GOVERNMENT AGENCIES.—No de19 partment, bureau, agency, officer, or employee

20 of the United States (except the Director of the

21 Bureau of Transportation Statistics in carrying

22 out this section) may require, for any reason, a

23 copy of any report that has been filed under

24 subsection (c)(2) with the Bureau of Transpor-
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•S 1173 RS

1 tation Statistics or retained by an individual re2 spondent.

3 ‘‘(B) COURTS.—Any copy of a report de4 scribed in subparagraph (A) that has been re5 tained by an individual respondent or filed with

6 the Bureau or any of its employees, contractors,

7 or agents—

8 ‘‘(i) shall be immune from legal proc9 ess; and

10 ‘‘(ii) shall not, without the consent of

11 the individual concerned, be admitted as

12 evidence or used for any purpose in any

13 action, suit, or other judicial or adminis14 trative proceeding.

15 ‘‘(C) APPLICABILITY.—This paragraph

16 shall apply only to information that permits in17 formation concerning an individual or organiza18 tion to be reasonably inferred by direct or indi19 rect means.

20 ‘‘(3) DATA COLLECTED FOR NONSTATISTICAL

21 PURPOSES.—In a case in which the Bureau is au22 thorized by statute to collect data or information for

23 a nonstatistical purpose, the Director shall clearly

24 distinguish the collection of the data or information,

25 by rule and on the collection instrument, so as to in-
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•S 1173 RS

1 form a respondent that is requested or required to

2 supply the data or information of the nonstatistical

3 purpose.’’;

4 (7) in subsection (j) (as redesignated by para5 graph (3)), by striking ‘‘On or before January 1,

6 1994, and annually thereafter, the’’ and inserting

7 ‘‘The’’; and

8 (8) by adding at the end the following:

9 ‘‘(k) STUDY.—

10 ‘‘(1) IN GENERAL.—The Director shall carry out

11 a study—

12 ‘‘(A) to measure the ton-miles and value13 miles of international trade traffic carried by

14 highway for each State;

15 ‘‘(B) to evaluate the accuracy and reliabil16 ity of such measures for use in the formula for

17 highway apportionments;

18 ‘‘(C) to evaluate the accuracy and reliabil19 ity of the use of diesel fuel data as a measure of

20 international trade traffic by State; and

21 ‘‘(D) to identify needed improvements in

22 long-term data collection programs to provide

23 accurate and reliable measures of international

24 traffic for use in the formula for highway appor25 tionments.
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1 ‘‘(2) BASIS FOR EVALUATIONS.—The study shall

2 evaluate the accuracy and reliability of measures for

3 use as formula factors based on statistical quality

4 standards developed by the Bureau in consultation

5 with the Committee on National Statistics of the Na6 tional Academy of Sciences.

7 ‘‘(3) REPORT.—Not later than 3 years after the

8 date of enactment of this subsection, the Director shall

9 submit to the Committee on Environment and Public

10 Works of the Senate and the Committee on Transpor11 tation and Infrastructure of the House of Representa12 tives a report on the results of the study carried out

13 under paragraph (1), including recommendations for

14 changes in law necessary to implement the identified

15 needs for improvements in long-term data collection

16 programs.

17 ‘‘(k) (l) PROCEEDS OF DATA PRODUCT SALES.—Not18 withstanding section 3302 of title 31, United States Code,

19 funds received by the Bureau of Transportation Statistics

20 from the sale of data products, for necessary expenses in21 curred, may be credited to the Highway Trust Fund

22 (other than the Mass Transit Account) for the purpose

23 of reimbursing the Bureau for the expenses.

24 ‘‘(l) (m) AUTHORIZATION OF CONTRACT AUTHOR25 ITY.—
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1 ‘‘(1) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the Mass

3 Transit Account) to carry out this section

4 $26,000,000 for fiscal year 1998, $27,000,000 for

5 fiscal year 1999, $28,000,000 for fiscal year 2000,

6 $29,000,000 for fiscal year 2001, $30,000,000 for

7 fiscal year 2002, and $31,000,000 for fiscal year

8 2003, except that not more than $500,000 for each

9 fiscal year may be made available to carry out sub10 section (g).

11 ‘‘(2) AVAILABILITY.—Funds authorized under

12 this subsection shall remain available for a period of

13 3 years after the last day of the fiscal year for which

14 the funds are authorized.

15 ‘‘(3) CONTRACT AUTHORITY.—Funds author16 ized under this subsection shall be available for obli17 gation in the same manner as if the funds were ap18 portioned under chapter 1 of title 23.’’.

19 (b) CONFORMING AMENDMENTS.—Section 5503 of

20 title 49, United States Code, is amended—

21 (1) by striking subsection (d); and

22 (2) by redesignating subsections (e), (f), and

23 (g) as subsections (d), (e), and (f), respectively.

24 SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

25 Title 23, United States Code, is amended—
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•S 1173 RS

1 (1) in the table of chapters, by adding at the

2 end the following:

‘‘5. Research and Technology ........................................................ 501’’;

3 and

4 (2) by adding at the end the following:

5 ‘‘CHAPTER 5—RESEARCH AND

6 TECHNOLOGY

‘‘SUBCHAPTER I—RESEARCH AND TRAINING

‘‘Sec.

‘‘501. Definition of safety.

‘‘502. Research and technology program.

‘‘503. Advanced research program.

‘‘504. Long-term pavement performance program.

‘‘505. State planning and research program.

‘‘506. Education and training.

‘‘507. International highway transportation outreach program.

‘‘508. National technology deployment initiatives and partnerships program.

‘‘509. Infrastructure investment needs report.

‘‘510. Innovative bridge research and construction program.

‘‘511. Study of future strategic highway research program.

‘‘512. Transportation and environment cooperative research program.

‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEMS

‘‘521. Findings and pPurposes.

‘‘522. Definitions.

‘‘523. Cooperation, consultation, and analysis.

‘‘524. Research, development, and training.

‘‘525. Intelligent transportation system integration program.

‘‘526. Integration program for rural areas.

‘‘527. Commercial vehicle intelligent transportation system infrastructure.

‘‘528. Corridor development and coordination.

‘‘528 ‘‘529. Standards.

‘‘529 ‘‘530. Funding limitations.

‘‘531. Use of innovative financing.

‘‘530 ‘‘532. Advisory committees.

‘‘SUBCHAPTER III—FUNDING

‘‘541. Funding.
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1 ‘‘SUBCHAPTER I—RESEARCH AND TRAINING

2 ‘‘§ 501. Definition of safety

3 ‘‘In this chapter, the term ‘safety’ includes highway

4 and traffic safety systems, research and development re5 lating to vehicle, highway, driver, passenger, bicyclist, and

6 pedestrian characteristics, accident investigations, commu7 nications, emergency medical care, and transportation of

8 the injured.

9 ‘‘§ 502. Research and technology program

10 ‘‘(a) GENERAL AUTHORITY AND COLLABORATIVE

11 AGREEMENTS.—

12 ‘‘(1) AUTHORITY OF THE SECRETARY.—

13 ‘‘(A) IN GENERAL.—The Secretary—

14 ‘‘(i) shall carry out research, develop15 ment, and technology transfer activities

16 with respect to—

17 ‘‘(I) motor carrier transportation;

18 ‘‘(II) all phases of transportation

19 planning and development (including

20 construction, operation, moderniza21 tion, development, design, mainte22 nance, safety, financing, and traffic

23 conditions); and
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•S 1173 RS

1 ‘‘(III) the effect of State laws on

2 the activities described in subclauses

3 (I) and (II); and

4 ‘‘(ii) may test, develop, or assist in

5 testing and developing any material, inven6 tion, patented article, or process.

7 ‘‘(B) COOPERATION, GRANTS, AND CON8 TRACTS.—The Secretary may carry out this

9 section—

10 ‘‘(i) independently;

11 ‘‘(ii) in cooperation with other Federal

12 departments, agencies, and instrumental13 ities; or

14 ‘‘(iii) by making grants to, or entering

15 into contracts, cooperative agreements, and

16 other transactions with, the National

17 Academy of Sciences, the American Asso18 ciation of State Highway and Transpor19 tation Officials, or any State agency, au20 thority, association, institution, for-profit

21 or nonprofit corporation, organization, for22 eign country, or person.

23 ‘‘(C) TECHNICAL INNOVATION.—The Sec24 retary shall develop and carry out programs to

25 facilitate the application of such products of re-
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•S 1173 RS

1 search and technical innovations as will improve

2 the safety, efficiency, and effectiveness of the

3 transportation system.

4 ‘‘(D) FUNDS.—

5 ‘‘(i) IN GENERAL.—Except as other6 wise specifically provided in other sections

7 of this chapter—

8 ‘‘(I) to carry out this subsection,

9 the Secretary shall use—

10 ‘‘(aa) funds made available

11 under section 541 for research,

12 technology, and training; and

13 ‘‘(bb) such funds as may be

14 deposited by any cooperating or15 ganization or person in a special

16 account of the Treasury estab17 lished for this purpose; and

18 ‘‘(II) the funds described in item

19 (aa) shall remain available for obliga20 tion for a period of 3 years after the

21 last day of the fiscal year for which

22 the funds are authorized.

23 ‘‘(ii) USE OF FUNDS.—The Secretary

24 shall use funds described in clause (i) to

25 develop, administer, communicate, and
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•S 1173 RS

1 achieve promote the use of products of re2 search, development, and technology trans3 fer programs under this section.

4 ‘‘(2) COLLABORATIVE RESEARCH AND DEVEL5 OPMENT.—

6 ‘‘(A) IN GENERAL.—To encourage innova7 tive solutions to surface transportation prob8 lems and stimulate the deployment of new tech9 nology, the Secretary may carry out, on a cost10 shared basis, collaborative research and devel11 opment with non-Federal entities, including

12 State and local governments, foreign govern13 ments, colleges and universities, corporations,

14 institutions, partnerships, sole proprietorships,

15 and trade associations that are incorporated or

16 established under the laws of any State.

17 ‘‘(B) AGREEMENTS.—In carrying out this

18 paragraph, the Secretary may enter into cooper19 ative research and development agreements (as

20 defined in section 12 of the Stevenson-Wydler

21 Technology Innovation Act of 1980 (15 U.S.C.

22 3710a)).

23 ‘‘(C) FEDERAL SHARE.—

24 ‘‘(i) IN GENERAL.—The Federal share

25 of the cost of activities carried out under
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•S 1173 RS

1 a cooperative research and development

2 agreement entered into under this para3 graph shall not exceed 50 percent, except

4 that if there is substantial public interest

5 or benefit, the Secretary may approve a

6 greater Federal share.

7 ‘‘(ii) NON-FEDERAL SHARE.—All costs

8 directly incurred by the non-Federal part9 ners, including personnel, travel, and hard10 ware development costs, shall be credited

11 toward the non-Federal share of the cost

12 of the activities described in clause (i).

13 ‘‘(D) USE OF TECHNOLOGY.—The re14 search, development, or use of a technology

15 under a cooperative research and development

16 agreement entered into under this paragraph,

17 including the terms under which the technology

18 may be licensed and the resulting royalties may

19 be distributed, shall be subject to the Steven20 son-Wydler Technology Innovation Act of 1980

21 (15 U.S.C. 3701 et seq.).

22 ‘‘(3) WAIVER OF ADVERTISING REQUIRE23 MENTS.—Section 3709 of the Revised Statutes (41

24 U.S.C. 5) shall not apply to a contract or agreement

25 entered into under this chapter.
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1 ‘‘(b) MANDATORY ELEMENTS OF PROGRAM.—The

2 Secretary shall include in the surface transportation re3 search, development, and technology transfer programs

4 under this subsection and as specified elsewhere in this

5 title—

6 ‘‘(1) a coordinated long-term program of re7 search for the development, use, and dissemination

8 of performance indicators to measure the perform9 ance of the surface transportation systems of the

10 United States, including indicators for productivity,

11 efficiency, energy use, air quality, congestion, safety,

12 maintenance, and other factors that reflect the over13 all performance of the system; and

14 ‘‘(2) a program to strengthen and expand sur15 face transportation infrastructure research, develop16 ment, and technology transfer, which shall include,

17 at a minimum—

18 ‘‘(A) methods and materials for improving

19 the durability of surface transportation infra20 structure facilities and extending the life of

21 bridge structures, including new and innovative

22 technologies to reduce corrosion;

23 ‘‘(B) a research and development program

24 directed toward the reduction of costs, and the
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•S 1173 RS

1 mitigation of impacts, associated with the con2 struction of highways and mass transit systems;

3 ‘‘(C) a surface transportation research pro4 gram to develop nondestructive evaluation

5 equipment for use with existing infrastructure

6 facilities and with next-generation infrastruc7 ture facilities that use advanced materials;

8 ‘‘(D)(i) information technology, including

9 appropriate computer programs to collect and

10 analyze data on the status of infrastructure fa11 cilities described in subparagraph (C) with re12 spect to enhancing management, growth, and

13 capacity; and

14 ‘‘(ii) dynamic simulation models of surface

15 transportation systems for—

16 ‘‘(I) predicting capacity, safety, and

17 infrastructure durability problems;

18 ‘‘(II) evaluating planned research

19 projects; and

20 ‘‘(III) testing the strengths and weak21 nesses of proposed revisions to surface

22 transportation operation programs;

23 ‘‘(E) new innovative technologies to en24 hance and facilitate field construction and reha-
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•S 1173 RS

1 bilitation techniques for minimizing disruption

2 during repair and maintenance of structures;

3 ‘‘(F) initiatives to improve the ability of

4 the United States to respond to emergencies

5 and natural disasters and to enhance national

6 defense mobility; and

7 ‘‘(G) an evaluation of traffic calming meas8 ures that promote community preservation,

9 transportation mode choice, and safety.

10 ‘‘(c) REPORT ON GOALS, MILESTONES, AND ACCOM11 PLISHMENTS.—The goals, milestones, and accomplish12 ments relevant to each of the mandatory program ele13 ments described in subsection (b) shall be specified in the

14 report required under section 5221(d) of title 49.’’.

15 SEC. 2006. ADVANCED RESEARCH PROGRAM.

16 Subchapter I of chapter 5 of title 23, United States

17 Code (as added by section 2005), is amended by adding

18 at the end the following:

19 ‘‘§ 503. Advanced research program

20 ‘‘(a) ESTABLISHMENT.—

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish an advanced research program within the Fed23 eral Highway Administration to address longer-term,

24 higher-risk research that shows potential benefits for

25 improving the durability, mobility, efficiency, envi-
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•S 1173 RS

1 ronmental impact, productivity, and safety of trans2 portation systems.

3 ‘‘(2) DEVELOPMENT OF PARTNERSHIPS.—In

4 carrying out the program, the Secretary shall at5 tempt to develop partnerships with the public and

6 private sectors.

7 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

8 CONTRACTS.—Under the program, the Secretary may

9 make grants and enter into cooperative agreements and

10 contracts for advanced research.

11 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

12 ‘‘(1) IN GENERAL.—There shall be available

13 from the Highway Trust Fund (other than the Mass

14 Transit Account) to carry out this section

15 $5,000,000 for fiscal year 1998, $7,000,000 for fis16 cal year 1999, $9,000,000 for fiscal year 2000, and

17 $10,000,000 for each of fiscal years 2001 through

18 2003.

19 ‘‘(2) CONTRACT AUTHORITY.—Funds author20 ized under this section shall be available for obliga21 tion in the same manner as if the funds were appor22 tioned under chapter 1, except that the Federal

23 share of the cost of any activity funded under this

24 subsection shall be determined by the Secretary.’’.
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1 SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PRO2 GRAM.

3 Subchapter I of chapter 5 of title 23, United States

4 Code (as amended by section 2006), is amended by adding

5 at the end the following:

6 ‘‘§ 504. Long-term pavement performance program

7 ‘‘(a) AUTHORITY.—The Secretary shall complete the

8 long-term pavement performance program tests initiated

9 under the strategic highway research program established

10 under section 307(d) (as in effect on the day before the

11 date of enactment of this section) and continued by the

12 Intermodal Surface Transportation Efficiency Act of 1991

13 (Public Law 102–240) through the midpoint of a planned

14 20-year life of the long-term pavement performance pro15 gram (referred to in this section as the ‘program’).

16 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

17 CONTRACTS.—Under the program, the Secretary shall

18 make grants and enter into cooperative agreements and

19 contracts to—

20 ‘‘(1) monitor, material-test, and evaluate high21 way test sections in existence as of the date of the

22 grant, agreement, or contract;

23 ‘‘(2) analyze the data obtained in carrying out

24 paragraph (1); and

25 ‘‘(3) prepare products to fulfill program objec26 tives and meet future pavement technology needs.
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•S 1173 RS

1 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

2 ‘‘(1) IN GENERAL.—There shall be available

3 from the Highway Trust Fund (other than the Mass

4 Transit Account) to carry out this section

5 $15,000,000 for each of fiscal years 1998 through

6 2003.

7 ‘‘(2) CONTRACT AUTHORITY.—Funds author8 ized under this subsection shall be available for obli9 gation in the same manner as if the funds were ap10 portioned under chapter 1, except that—

11 ‘‘(A) the Federal share of the cost of any

12 activity funded under this section shall be de13 termined by the Secretary; and

14 ‘‘(B) the funds shall remain available for

15 obligation for a period of 3 years after the last

16 day of the fiscal year for which the funds are

17 authorized.’’.

18 SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

19 Subchapter I of chapter 5 of title 23, United States

20 Code (as amended by section 2007), is amended by adding

21 at the end the following:

22 ‘‘§ 505. State planning and research program

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) AVAILABILITY OF FUNDS.—Two percent of

25 the sums apportioned for fiscal year 1998 and each
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•S 1173 RS

1 fiscal year thereafter to any State under section 104

2 (except section 104(f)) and any transfers or addi3 tions to the surface transportation program under

4 section 133 shall be available for expenditure by the

5 State transportation agency department, in consulta6 tion with the Secretary, in accordance with this sec7 tion.

8 ‘‘(2) USE OF FUNDS.—The sums referred to in

9 paragraph (1) shall be available only for—

10 ‘‘(A) intermodal metropolitan, statewide,

11 and nonmetropolitan planning under sections

12 134 and 135;

13 ‘‘(B) development and implementation of

14 management systems referred to in section 303;

15 ‘‘(C) studies, research, development, and

16 technology transfer activities necessary for the

17 planning, design, construction, management,

18 operation, maintenance, regulation, and tax19 ation of the use of surface transportation sys20 tems, including training and accreditation of in21 spection and testing on engineering standards

22 and construction materials for the systems; and

23 ‘‘(D) studies of the economy, safety, and

24 convenience of surface transportation usage and
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•S 1173 RS

1 the desirable regulation and equitable taxation

2 of surface transportation usage.

3 ‘‘(b) MINIMUM EXPENDITURES ON STUDIES, RE4 SEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

5 ACTIVITIES.—

6 ‘‘(1) IN GENERAL.—For each fiscal year, Nnot

7 less than 25 percent of the funds of a State that are

8 subject to subsection (a) shall be expended by the

9 State transportation agency department for studies,

10 research, development, and technology transfer ac11 tivities described in subparagraphs (C) and (D) of

12 subsection (a)(2) unless the State certifies to the

13 Secretary for the fiscal year that the total expendi14 tures by the State transportation agency department

15 for transportation planning under sections 134 and

16 135 will exceed 75 percent of the amount of the

17 funds and the Secretary accepts the certification.

18 ‘‘(2) EXEMPTION FROM SMALL BUSINESS AS19 SESSMENT.—Funds expended under paragraph (1)

20 shall not be considered to be part of the extramural

21 budget of the agency for the purpose of section 9 of

22 the Small Business Act (15 U.S.C. 638).

23 ‘‘(c) FEDERAL SHARE.—The Federal share of the

24 cost of a project financed with funds referred to in sub25 section (a) shall be 80 percent unless the Secretary deter-
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1 mines that the interests of the Federal-aid highway pro2 gram would be best served by decreasing or eliminating

3 the non-Federal share.

4 ‘‘(d) ADMINISTRATION OF FUNDS.—Funds referred

5 to in subsection (a) shall be combined and administered

6 by the Secretary as a single fund, which shall be available

7 for obligation for the same period as funds apportioned

8 under section 104(b)(1).’’.

9 SEC. 2009. EDUCATION AND TRAINING.

10 Subchapter I of chapter 5 of title 23, United States

11 Code (as amended by section 2008), is amended by adding

12 at the end the following:

13 ‘‘§ 506. Education and training

14 ‘‘(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

15 ‘‘(1) AUTHORITY.—The Secretary shall carry

16 out a transportation assistance program that will

17 provide access to modern highway technology to—

18 ‘‘(A) highway and transportation agencies

19 in urbanized areas with populations of between

20 50,000 and 1,000,000 individuals;

21 ‘‘(B) highway and transportation agencies

22 in rural areas; and

23 ‘‘(C) contractors that do work for the

24 agencies.
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•S 1173 RS

1 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

2 CONTRACTS.—The Secretary may make grants and

3 enter into cooperative agreements and contracts to

4 provide education and training, technical assistance,

5 and related support services that will—

6 ‘‘(A) assist rural, local transportation

7 agencies and tribal governments, and the con8 sultants and construction personnel working for

9 the agencies and governments, to—

10 ‘‘(i) develop and expand their exper11 tise in road and transportation areas (in12 cluding pavement, bridge, safety manage13 ment systems, and traffic safety counter14 measures);

15 ‘‘(ii) improve roads and bridges;

16 ‘‘(iii) enhance—

17 ‘‘(I) programs for the movement

18 of passengers and freight; and

19 ‘‘(II) intergovernmental transpor20 tation planning and project selection;

21 and

22 ‘‘(iv) deal effectively with special

23 transportation-related problems by prepar24 ing and providing training packages,
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•S 1173 RS

1 manuals, guidelines, and technical resource

2 materials;

3 ‘‘(B) identify, package, and deliver trans4 portation technology and traffic safety informa5 tion to local jurisdictions to assist urban trans6 portation agencies in developing and expanding

7 their ability to deal effectively with transpor8 tation-related problems;

9 ‘‘(C) operate, in cooperation with State

10 transportation agencies departments and univer11 sities—

12 ‘‘(i) local technical assistance program

13 centers to provide transportation tech14 nology transfer services to rural areas and

15 to urbanized areas with populations of be16 tween 50,000 and 1,000,000 individuals;

17 and

18 ‘‘(ii) local technical assistance pro19 gram centers designated to provide trans20 portation technical assistance to Indian

21 tribal governments; and

22 ‘‘(D) allow local transportation agencies

23 and tribal governments, in cooperation with the

24 private sector, to enhance new technology im25 plementation.
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•S 1173 RS

1 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR2 ITY.—

3 ‘‘(A) IN GENERAL.—There shall be avail4 able from the Highway Trust Fund (other than

5 the Mass Transit Account) $7,000,000 for fis6 cal year 1998, $7,000,000 for fiscal year 1999,

7 $7,000,000 for fiscal year 2000, $8,000,000 for

8 fiscal year 2001, $8,000,000 for fiscal year

9 2002, and $8,000,000 for fiscal year 2003 to be

10 used to develop and administer the program es11 tablished under this section and to provide tech12 nical and financial support for the centers oper13 ated under paragraph (2)(C).

14 ‘‘(B) CONTRACT AUTHORITY.—Funds au15 thorized under this paragraph shall be available

16 for obligation in the same manner as if the

17 funds were apportioned under chapter 1, except

18 that—

19 ‘‘(i) the Federal share of the cost of

20 any activity under this subsection shall be

21 determined by the Secretary; and

22 ‘‘(ii) the funds shall remain available

23 for obligation for a period of 3 years after

24 the last day of the fiscal year for which the

25 funds are authorized.
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•S 1173 RS

1 ‘‘(b) NATIONAL HIGHWAY INSTITUTE.—

2 ‘‘(1) ESTABLISHMENT; DUTIES; PROGRAMS.—

3 ‘‘(A) ESTABLISHMENT.—The Secretary

4 shall establish and operate in the Federal High5 way Administration a National Highway Insti6 tute (referred to in this subsection as the ‘Insti7 tute’).

8 ‘‘(B) DUTIES.—

9 ‘‘(i) INSTITUTE.—In cooperation with

10 State transportation agencies departments,

11 United States industry, and any national

12 or international entity, the Institute shall

13 develop and administer education and

14 training programs of instruction for—

15 ‘‘(I) Federal Highway Adminis16 tration, State, and local transpor17 tation agency employees;

18 ‘‘(II) regional, State, and metro19 politan planning organizations;

20 ‘‘(III) State and local police, pub21 lic safety, and motor vehicle employ22 ees; and

23 ‘‘(IV) United States citizens and

24 foreign nationals engaged or to be en-
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•S 1173 RS

1 gaged in surface transportation work

2 of interest to the United States.

3 ‘‘(ii) SECRETARY.—The Secretary

4 shall administer, through the Institute, the

5 authority vested in the Secretary by this

6 title or by any other law for the develop7 ment and conduct of education and train8 ing programs relating to highways.

9 ‘‘(C) TYPES OF PROGRAMS.—Programs

10 that the Institute may develop and administer

11 may include courses in modern developments,

12 techniques, methods, regulations, management,

13 and procedures relating to—

14 ‘‘(i) surface transportation;

15 ‘‘(ii) environmental factors;

16 ‘‘(iii) acquisition of rights-of-way;

17 ‘‘(iv) relocation assistance;

18 ‘‘(v) engineering;

19 ‘‘(vi) safety;

20 ‘‘(vii) construction;

21 ‘‘(viii) maintenance;

22 ‘‘(ix) operations;

23 ‘‘(x) contract administration;

24 ‘‘(xi) motor carrier activities;

25 ‘‘(xii) inspection; and
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•S 1173 RS

1 ‘‘(xiii) highway finance.

2 ‘‘(2) SET ASIDE; FEDERAL SHARE.—Not to exceed 1 3 ⁄4 of 1 percent of the funds apportioned to a

4 State under section 104(b)(3) for the surface trans5 portation program shall be available for expenditure

6 by transportation agencies of the State the State

7 transportation department for the payment of not to

8 exceed 80 percent of the cost of tuition and direct

9 educational expenses (excluding travel, subsistence,

10 or salaries) in connection with the education and

11 training of employees of State and local transpor12 tation agencies in accordance with this subsection.

13 ‘‘(3) FEDERAL RESPONSIBILITY.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraph (B), education and training of

16 employees of Federal, State, and local transpor17 tation (including highway) agencies authorized

18 under this subsection may be provided—

19 ‘‘(i) by the Secretary at no cost to the

20 States and local governments if the Sec21 retary determines that provision at no cost

22 is in the public interest; or

23 ‘‘(ii) by the State through grants, co24 operative agreements, and contracts with
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•S 1173 RS

1 public and private agencies, institutions,

2 individuals, and the Institute.

3 ‘‘(B) PAYMENT OF FULL COST BY PRIVATE

4 PERSONS.—Private agencies, international or

5 foreign entities, and individuals shall pay the

6 full cost of any education and training received

7 by them unless the Secretary determines that a

8 lower cost is of critical importance to the public

9 interest.

10 ‘‘(4) TRAINING FELLOWSHIPS; COOPERATION.—

11 The Institute may—

12 ‘‘(A) engage in training activities author13 ized under this subsection, including the grant14 ing of training fellowships; and

15 ‘‘(B) carry out its authority independently

16 or in cooperation with any other branch of the

17 Federal Government or any State agency, au18 thority, association, institution, for-profit or

19 nonprofit corporation, other national or inter20 national entity, or other person.

21 ‘‘(5) COLLECTION OF FEES.—

22 ‘‘(A) GENERAL RULE.—In accordance with

23 this subsection, the Institute may assess and

24 collect fees solely to defray the costs of the In-
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•S 1173 RS

1 stitute in developing or administering education

2 and training programs under this subsection.

3 ‘‘(B) LIMITATION.—Fees may be assessed

4 and collected under this subsection only in a

5 manner that may reasonably be expected to re6 sult in the collection of fees during any fiscal

7 year in an aggregate amount that does not ex8 ceed the aggregate amount of the costs referred

9 to in subparagraph (A) for the fiscal year.

10 ‘‘(C) PERSONS SUBJECT TO FEES.—Fees

11 may be assessed and collected under this sub12 section only with respect to—

13 ‘‘(i) persons and entities for whom

14 education or training programs are devel15 oped or administered under this sub16 section; and

17 ‘‘(ii) persons and entities to whom

18 education or training is provided under

19 this subsection.

20 ‘‘(D) AMOUNT OF FEES.—The fees as21 sessed and collected under this subsection shall

22 be established in a manner that ensures that

23 the liability of any person or entity for a fee is

24 reasonably based on the proportion of the costs
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•S 1173 RS

1 referred to in subparagraph (A) that relate to

2 the person or entity.

3 ‘‘(E) USE.—All fees collected under this

4 subsection shall be used to defray costs associ5 ated with the development or administration of

6 education and training programs authorized

7 under this subsection.

8 ‘‘(6) FUNDING.—

9 ‘‘(A) AUTHORIZATION OF CONTRACT AU10 THORITY.—There shall be available from the

11 Highway Trust Fund (other than the Mass

12 Transit Account) to carry out this subsection

13 $5,000,000 for fiscal year 1998, $5,000,000 for

14 fiscal year 1999, $5,000,000 for fiscal year

15 2000, $6,000,000 for fiscal year 2001,

16 $6,000,000 for fiscal year 2002, and

17 $6,000,000 for fiscal year 2003.

18 ‘‘(B) RELATION TO OTHER FEES.—The

19 funds provided under this paragraph may be

20 combined with or held separate from the fees

21 collected under paragraph (5).

22 ‘‘(C) CONTRACT AUTHORITY.—Funds au23 thorized under this paragraph shall be available

24 for obligation in the same manner as if the
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•S 1173 RS

1 funds were apportioned under chapter 1, except

2 that—

3 ‘‘(i) the Federal share of the cost of

4 any activity under this subsection shall be

5 determined by the Secretary; and

6 ‘‘(ii) the funds shall remain available

7 for obligation for a period of 1 year after

8 the last day of the fiscal year for which the

9 funds are authorized.

10 ‘‘(7) CONTRACTS.—Section 3709 of the Revised

11 Statutes (41 U.S.C. 5) shall not apply to a contract

12 or agreement entered into under this subsection.

13 ‘‘(c) DWIGHT DAVID EISENHOWER TRANSPOR14 TATION FELLOWSHIP PROGRAM.—

15 ‘‘(1) GENERAL AUTHORITY.—The Secretary,

16 acting independently or in cooperation with other

17 Federal departments, agencies, and instrumental18 ities, may make grants for fellowships for any pur19 pose for which research, technology, or capacity

20 building is authorized under this chapter.

21 ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR22 TATION FELLOWSHIP PROGRAM.—

23 ‘‘(A) IN GENERAL.—The Secretary shall

24 carry out a transportation fellowship program,

25 to be known as the ‘Dwight David Eisenhower
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1 Transportation Fellowship Program’, for the

2 purpose of attracting qualified students to the

3 field of transportation.

4 ‘‘(B) TYPES OF FELLOWSHIPS.—The pro5 gram shall offer fellowships at the junior

6 through postdoctoral levels of college education.

7 ‘‘(C) CITIZENSHIP.—Each recipient of a

8 fellowship under the program shall be a United

9 States citizen.

10 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR11 ITY.—

12 ‘‘(A) IN GENERAL.—There shall be avail13 able from the Highway Trust Fund (other than

14 the Mass Transit Account) to carry out this

15 subsection $2,000,000 for each of fiscal years

16 1998 through 2003.

17 ‘‘(B) CONTRACT AUTHORITY.—Funds au18 thorized under this paragraph shall be available

19 for obligation in the same manner as if the

20 funds were apportioned under chapter 1, except

21 that—

22 ‘‘(i) the Federal share of the cost of

23 any activity funded under this subsection

24 shall be determined by the Secretary; and
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1 ‘‘(ii) the funds shall remain available

2 for obligation for a period of 1 year after

3 the last day of the fiscal year for which the

4 funds are authorized.

5 ‘‘(d) HIGHWAY CONSTRUCTION TRAINING PRO6 GRAMS.—

7 ‘‘(1) USE OF FUNDS BY THE SECRETARY.—

8 ‘‘(A) IN GENERAL.—The Secretary, in co9 operation with any other department or agency

10 of the Federal Government, State agency, au11 thority, association, institution, Indian tribal

12 government, for-profit or nonprofit corporation,

13 or other organization or person, may—

14 ‘‘(i) develop, conduct, and administer

15 highway construction and technology train16 ing, including skill improvement, programs;

17 and

18 ‘‘(ii) develop and fund Summer

19 Transportation Institutes.

20 ‘‘(B) WAIVER OF ADVERTISING REQUIRE21 MENTS.—Section 3709 of the Revised Statutes

22 (41 U.S.C. 5) shall not apply to a contract or

23 agreement entered into by the Secretary under

24 this subsection.

25 ‘‘(C) FUNDING.—
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1 ‘‘(i) IN GENERAL.—Before making ap2 portionments under section 104(b) for a

3 fiscal year, the Secretary shall deduct such

4 sums as the Secretary determines are nec5 essary, but not to exceed $10,000,000 for

6 each fiscal year, to carry out this sub7 section.

8 ‘‘(ii) AVAILABILITY.—Sums deducted

9 under clause (i) shall remain available

10 until expended.

11 ‘‘(2) USE OF FUNDS APPORTIONED TO

12 STATES.—Notwithstanding any other provision of

13 law, upon request of a State transportation department to the Secretary, not to exceed 1 14 ⁄2 of 1 percent

15 of the funds apportioned to the State for a fiscal

16 year under paragraphs (1) and (3) of section 104(b)

17 may be made available to carry out this subsection.

18 ‘‘(3) RESERVATION OF TRAINING POSITIONS

19 FOR INDIVIDUALS RECEIVING WELFARE ASSIST20 ANCE.—In carrying out this subsection, the Sec21 retary and States may reserve training positions for

22 individuals who receive welfare assistance from a

23 State.’’.
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1 SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION

2 OUTREACH PROGRAM.

3 (a) IN GENERAL.—Title 23, United States Code, is

4 amended—

5 (1) by redesignating section 325 as section 507;

6 (2) by moving that section to appear at the end

7 of subchapter I of chapter 5 (as amended by section

8 2009);

9 (3) in subsection (a) of that section, by insert10 ing ‘‘, goods, and services’’ after ‘‘expertise’’; and

11 (4) by striking subsection (c) of that section

12 and inserting the following:

13 ‘‘(c) USE OF FUNDS.—

14 ‘‘(1) FUNDS DEPOSITED IN SPECIAL AC15 COUNT.—Funds available to carry out this section

16 shall include funds deposited by any cooperating or17 ganization or person in a special account for the

18 program established under this section with the Sec19 retary of the Treasury.

20 ‘‘(2) USE OF FUNDS.—The funds deposited in

21 the special account and other funds available to

22 carry out this section shall be available to pay the

23 cost of any activity eligible under this section, in24 cluding the cost of promotional materials, travel, re25 ception and representation expenses, and salaries
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1 and benefits of officers and employees of the Depart2 ment of Transportation.

3 ‘‘(3) REIMBURSEMENTS.—Reimbursements for

4 the salaries and benefits of Federal Highway Admin5 istration employees who provide services under this

6 section shall be credited to the special account.

7 ‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE8 SEARCH FUNDS.—A State, in coordination with the Sec9 retary, may obligate funds made available to carry out sec10 tion 505 for any activity authorized under subsection

11 (a).’’.

12 (b) CONFORMING AMENDMENT.—The analysis for

13 chapter 3 of title 23, United States Code, is amended by

14 striking the item relating to section 325.

15 SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIA16 TIVES AND PARTNERSHIPS PROGRAM.

17 Subchapter I of chapter 5 of title 23, United States

18 Code (as amended by section 2010), is amended by adding

19 at the end the following:

20 ‘‘§ 508. National technology deployment initiatives

21 and partnerships program

22 ‘‘(a) ESTABLISHMENT.—The Secretary shall develop

23 and administer a national technology deployment initia24 tives and partnerships program (referred to in this section

25 as the ‘program’).
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1 ‘‘(b) PURPOSE.—The purpose of the program is to

2 significantly accelerate the adoption of innovative tech3 nologies by the surface transportation community.

4 ‘‘(c) DEPLOYMENT GOALS.—

5 ‘‘(1) ESTABLISHMENT.—Not later than 180

6 days after the date of enactment of this Act, the

7 Secretary shall establish not more than 5 deploy8 ment goals to carry out subsection (a).

9 ‘‘(2) DESIGN.—Each of the goals and the pro10 gram developed to achieve the goals shall be de11 signed to provide tangible benefits, with respect to

12 transportation systems, in the areas of efficiency,

13 safety, reliability, service life, environmental protec14 tion, or sustainability.

15 ‘‘(3) STRATEGIES FOR ACHIEVEMENT.—For

16 each goal, the Secretary, in cooperation with rep17 resentatives of the transportation community such

18 as States, local governments, the private sector, and

19 academia, shall use domestic and international tech20 nology to develop strategies and initiatives to achieve

21 the goal, including technical assistance in deploying

22 technology and mechanisms for sharing information

23 among program participants.

24 ‘‘(d) CONTINUATION OF SHRP PARTNERSHIPS.—

25 Under the program, the Secretary shall continue the part-
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1 nerships established through the strategic highway re2 search program established under section 307(d) (as in

3 effect on the day before the date of enactment of this sec4 tion).

5 ‘‘(e) GRANTS, COOPERATIVE AGREEMENTS, AND

6 CONTRACTS.—Under the program, the Secretary may

7 make grants and enter into cooperative agreements and

8 contracts to foster alliances and support efforts to stimu9 late advances in transportation technology, including—

10 ‘‘(1) the testing and evaluation of products of

11 the strategic highway research program;

12 ‘‘(2) the further development and implementa13 tion of technology in areas such as the Superpave

14 system and the use of lithium salts to prevent and

15 mitigate alkali silica reactivity; and

16 ‘‘(3) the provision of support for long-term

17 pavement performance product implementation and

18 technology access.

19 ‘‘(f) REPORTS.—Not later than 18 months after the

20 date of enactment of this section, and biennially there21 after, the Secretary shall submit to the Committee on En22 vironment and Public Works of the Senate and the Com23 mittee on Transportation and Infrastructure of the House

24 of Representatives a report on the progress and results

25 of activities carried out under this section.
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1 ‘‘(g) FUNDING.—

2 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR3 ITY.—There shall be available from the Highway

4 Trust Fund (other than the Mass Transit Account)

5 to carry out this section $50,000,000 for each of fis6 cal years 1998 through 2003.

7 ‘‘(2) CONTRACT AUTHORITY.—Funds author8 ized under this subsection shall be available for obli9 gation in the same manner as if the funds were ap10 portioned under chapter 1, except that—

11 ‘‘(A) the Federal share of the cost of any

12 activity under this section shall be determined

13 by the Secretary; and

14 ‘‘(B) the funds shall remain available for

15 obligation for a period of 3 years after the last

16 day of the fiscal year for which the funds are

17 authorized.

18 ‘‘(3) ALLOCATION.—To the extent appropriate

19 to achieve the goals established under subsection (c),

20 the Secretary may further allocate funds made avail21 able to carry out under this subsection to States for

22 their use.’’.
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1 SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

2 Subchapter I of chapter 5 of title 23, United States

3 Code (as amended by section 2011), is amended by adding

4 at the end the following:

5 ‘‘§ 509. Infrastructure investment needs report

6 ‘‘Not later than January 31, 1999, and January 31

7 of every second year thereafter, the Secretary shall report

8 to the Committee on Environment and Public Works of

9 the Senate and the Committee on Transportation and In10 frastructure of the House of Representatives on estimates

11 of the future highway and bridge needs of the United

12 States.’’.

13 SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CON14 STRUCTION PROGRAM.

15 Subchapter I of chapter 5 of title 23, United States

16 Code (as amended by section 2012), is amended by adding

17 at the end the following:

18 ‘‘§ 510. Innovative bridge research and construction

19 program

20 ‘‘(a) IN GENERAL.—The Secretary shall establish

21 and carry out a program to demonstrate the application

22 of innovative material technology in the construction of

23 bridges and other structures.

24 ‘‘(b) GOALS.—The goals of the program shall in25 clude—
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1 ‘‘(1) the development of new, cost-effective in2 novative material highway bridge applications;

3 ‘‘(2) the reduction of maintenance costs and

4 life-cycle costs of bridges, including the costs of new

5 construction, replacement, or rehabilitation of defi6 cient bridges;

7 ‘‘(3) the development of construction techniques

8 to increase safety and reduce construction time and

9 traffic congestion;

10 ‘‘(4) the development of engineering design cri11 teria for innovative products and materials for use

12 in highway bridges and structures; and

13 ‘‘(5) the development of highway bridges and

14 structures that will withstand natural disasters, in15 cluding alternative processes for the seismic retrofit

16 of bridges.

17 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

18 CONTRACTS.—

19 ‘‘(1) IN GENERAL.—Under the program, the

20 Secretary shall make grants to, and enter into coop21 erative agreements and contracts with—

22 ‘‘(A) States, other Federal agencies, uni23 versities and colleges, private sector entities,

24 and nonprofit organizations to pay the Federal

25 share of the cost of research, development, and
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1 technology transfer concerning innovative mate2 rials; and

3 ‘‘(B) States to pay the Federal share of

4 the cost of repair, rehabilitation, replacement,

5 and new construction of bridges or structures

6 that demonstrates the application of innovative

7 materials.

8 ‘‘(2) GRANTS.—

9 ‘‘(A) APPLICATIONS.—

10 ‘‘(i) SUBMISSION.—To receive a grant

11 under this section, an entity described in

12 paragraph (1) shall submit an application

13 to the Secretary.

14 ‘‘(ii) CONTENTS.—The application

15 shall be in such form and contain such in16 formation as the Secretary may require.

17 ‘‘(B) APPROVAL CRITERIA.—The Secretary

18 shall select and approve applications for grants

19 under this section based on whether the project

20 that is the subject of the grant meets the goals

21 of the program described in subsection (b).

22 ‘‘(d) TECHNOLOGY AND INFORMATION TRANSFER.—

23 The Secretary shall take such action as is necessary to

24 ensure that the information and technology resulting from

25 research conducted under subsection (c) is made available
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1 to State and local transportation departments and other

2 interested parties as specified by the Secretary.

3 ‘‘(e) FEDERAL SHARE.—The Federal share of the

4 cost of a project under this section shall be determined

5 by the Secretary.

6 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

7 ‘‘(1) IN GENERAL.—There shall be available

8 from the Highway Trust Fund (other than the Mass

9 Transit Account)—

10 ‘‘(A) to carry out subsection (c)(1)(A)

11 $1,000,000 for each of fiscal years 1998

12 through 2003; and

13 ‘‘(B) to carry out subsection (c)(1)(B)—

14 ‘‘(i) $10,000,000 for fiscal year 1998;

15 ‘‘(ii) $15,000,000 for fiscal year 1999;

16 ‘‘(iii) $17,000,000 for fiscal year

17 2000; and

18 ‘‘(iv) $20,000,000 for each of fiscal

19 years 2001 through 2003.

20 ‘‘(2) CONTRACT AUTHORITY.—Funds author21 ized under this subsection shall be made available

22 for obligation in the same manner as if the funds

23 were apportioned under chapter 1, except that the

24 Federal share of the cost of a project under this sec-
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1 tion shall be determined in accordance with this sec2 tion.’’.

3 SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINIS4 TRATIVE FUNDS.

5 Section 204(b) of title 23, United States Code, is

6 amended in the last sentence by striking ‘‘326’’ and insert7 ing ‘‘506’’.

8 SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RE9 SEARCH PROGRAM.

10 Subchapter I of chapter 5 of title 23, United States

11 Code (as amended by section 2013), is amended by adding

12 at the end the following:

13 ‘‘§ 511. Study of future strategic highway research

14 program

15 ‘‘(a) STUDY.—

16 ‘‘(1) IN GENERAL.—Not later than 120 days

17 after the date of enactment of this section, the Sec18 retary shall make a grant to, or enter into a cooper19 ative agreement or contract with, the Transportation

20 Research Board of the National Academy of

21 Sciences (referred to in this section as the ‘Board’)

22 to conduct a study to determine the goals, purposes,

23 research agenda and projects, administrative struc24 ture, and fiscal needs for a new strategic highway

25 research program to replace the program established
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1 under section 307(d) (as in effect on the day before

2 the date of enactment of this section), or a similar

3 effort.

4 ‘‘(2) CONSULTATION.—In conducting the study,

5 the Board shall consult with the American Associa6 tion of State Highway and Transportation Officials

7 and such other entities as the Board determines to

8 be necessary to the conduct of the study.

9 ‘‘(b) REPORT.—Not later than 2 years after making

10 a grant or entering into a cooperative agreement or con11 tract under subsection (a), the Board shall submit a final

12 report on the results of the study to the Secretary, the

13 Committee on Environment and Public Works of the Sen14 ate, and the Committee on Transportation and Infrastruc15 ture of the House of Representatives.’’.

16 SEC. 2016. JOINT PARTNERSHIPS FOR ADVANCED VEHI17 CLES, COMPONENTS, AND INFRASTRUCTURE

18 PROGRAM.

19 (a) IN GENERAL.—Subchapter I of chapter 3 of sub20 title I of title 49, United States Code, is amended by add21 ing at the end the following:

22 ‘‘§ 310. Joint partnerships for advanced vehicles,

23 components, and infrastructure program

24 ‘‘(a) PURPOSES.—The Secretary of Transportation,

25 in coordination with other government agencies and pri-
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1 vate consortia, shall encourage and promote the research,

2 development, and deployment of transportation tech3 nologies that will use technological advances in multimodal

4 vehicles, vehicle components, environmental technologies,

5 and related infrastructure to remove impediments to an

6 efficient and cost-effective national transportation system.

7 ‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In

8 this section, the term ‘eligible consortium’ means a consor9 tium that receives funding under the Department of De10 fense Appropriations Act, 1993 (Public Law 102–396;

11 106 Stat. 1876), and that comprises 2 or more of the fol12 lowing entities:

13 ‘‘(1) Businesses incorporated in the United

14 States.

15 ‘‘(2) Public or private educational or research

16 organizations located in the United States.

17 ‘‘(3) Entities of State or local governments in

18 the United States.

19 ‘‘(4) Federal laboratories.

20 ‘‘(c) PROGRAM.—The Secretary shall enter into con21 tracts, cooperative agreements, and other transactions as

22 authorized by section 2371 of title 10 with, and make

23 grants to, eligible consortia to promote the development

24 and deployment of innovation in transportation technology

25 services, management, and operational practices.
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1 ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to re2 ceive assistance under this section, an eligible consortium

3 shall—

4 ‘‘(1) for a period of not less than the 3 years

5 preceding the date of a contract, cooperative agree6 ment, or other transaction, be organized on a state7 wide or multistate basis for the purpose of design8 ing, developing, and deploying transportation tech9 nologies that address identified technological impedi10 ments in the transportation field;

11 ‘‘(2) facilitate the participation in the consor12 tium of small- and medium-sized businesses, utili13 ties, public laboratories and universities, and other

14 relevant entities;

15 ‘‘(3) be actively engaged in transportation tech16 nology projects that address compliance in non-at17 tainment nonattainment areas under the Clean Air

18 Act (42 U.S.C. 7401 et seq.);

19 ‘‘(4) be designed to use Federal and State fund20 ing to attract private capital in the form of grants

21 or investments to carry out this section; and

22 ‘‘(5) ensure that at least 50 percent of the

23 funding for the consortium project will be provided

24 by non-Federal sources.
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1 ‘‘(e) PROPOSALS.—The Secretary shall prescribe

2 such terms and conditions as the Secretary determines to

3 be appropriate for the content and structure of proposals

4 submitted for assistance under this section.

5 ‘‘(f) REPORTING REQUIREMENTS.—At least once

6 each year, the Secretary shall submit to the Committee

7 on Transportation and Infrastructure of the House of

8 Representatives and the Committee on Environment and

9 Public Works of the Senate a report on the projects under10 taken by the eligible consortia and the progress made in

11 advancing the purposes of this section.

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

13 is authorized to be appropriated to carry out this section

14 $50,000,000 for each of fiscal years 1998 through 2003,

15 to remain available until expended.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 subchapter I of chapter 3 of subtitle I of title 49, United

18 States Code, is amended by adding at the end the follow19 ing:

‘‘310. Joint partnerships for advanced vehicles, components, and infrastructure

program.’’.
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1 SEC. 2017. CONFORMING AMENDMENTS.

2 SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPER3 ATIVE RESEARCH PROGRAM.

4 Subchapter I of chapter 5 of title 23, United States

5 Code (as amended by section 2015), is amended by adding

6 at the end the following:

7 ‘‘§ 512. Transportation and environment cooperative

8 research program

9 ‘‘(a) IN GENERAL.—The Secretary shall establish and

10 carry out a transportation and environment cooperative re11 search program.

12 ‘‘(b) ADVISORY BOARD.—

13 ‘‘(1) ESTABLISHMENT.—In consultation with the

14 Secretary of Energy and the Administrator of the En15 vironmental Protection Agency, the Secretary shall es16 tablish an advisory board to recommend environ17 mental and energy conservation research, technology,

18 and technology transfer activities related to surface

19 transportation.

20 ‘‘(2) MEMBERSHIP.—The advisory board shall

21 include—

22 ‘‘(A) representatives of State transportation

23 and environmental agencies;

24 ‘‘(B) transportation and environmental sci25 entists and engineers; and
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1 ‘‘(C) representatives of metropolitan plan2 ning organizations, transit operating agencies,

3 and environmental organizations.

4 ‘‘(3) DEVELOPMENT OF RESEARCH PRIOR5 ITIES.—In developing recommendations for priorities

6 for research described in paragraph (1), the advisory

7 board shall consider the research recommendations of

8 the National Research Council report entitled ‘Envi9 ronmental Research Needs in Transportation’.

10 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY COM11 MITTEE ACT.—The Federal Advisory Committee Act

12 (5 U.S.C. App.) shall not apply to the advisory board.

13 ‘‘(c) NATIONAL ACADEMY OF SCIENCES.—

14 ‘‘(1) IN GENERAL.—The Secretary may make

15 grants to, and enter into cooperative agreements with,

16 the National Academy of Sciences to carry out such

17 activities related to the research, technology, and tech18 nology transfer activities described in subsection

19 (b)(1) as the Secretary determines to be appropriate.

20 ‘‘(2) ECOSYSTEM INTEGRITY STUDY.—

21 ‘‘(A) IN GENERAL.—The Secretary shall

22 give priority to conducting a study of, and pre23 paring a report on, the relationship between

24 highway density and ecosystem integrity, includ25 ing an analysis of the habitat-level impacts of
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1 highway density on the overall health of

2 ecosystems.

3 ‘‘(B) PROPOSAL OF RAPID ASSESSMENT

4 METHODOLOGY.—To aid transportation and reg5 ulatory agencies, the report shall propose a rapid

6 assessment methodology for determining the rela7 tionship between highway density and ecosystem

8 integrity.

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $5,000,000 for each of fiscal years 1998 through 2003.’’.

12 SEC. 2018. CONFORMING AMENDMENTS.

13 (a) Sections 307, 321, and 326 of title 23, United

14 States Code, are repealed.

15 (b) The analysis for chapter 3 of title 23, United

16 States Code, is amended by striking the items relating to

17 sections 307, 321, and 326.

18 (c) Section 115(a)(1)(A)(i) of title 23, United States

19 Code, is amended by striking ‘‘or 307’’ and inserting ‘‘or

20 505’’.

21 (d) Section 151(d) of title 23, United States Code,

22 is amended by striking ‘‘section 307(a),’’ and inserting

23 ‘‘section 506,’’.

24 (e) Section 106 of Public Law 89–564 (23 U.S.C.

25 403 note) is amended in the third sentence by striking
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1 ‘‘sections 307 and 403 of title 23, United States Code,’’

2 and inserting ‘‘section 403 and chapter 5 of title 23, Unit3 ed States Code,’’.

4 Subtitle B—Intelligent

5 Transportation Systems

6 SEC. 2101. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Intelligent Trans8 portation Systems Act of 1997’’.

9 SEC. 2102. FINDINGS.

10 Congress finds that—

11 (1) numerous studies conducted on behalf of

12 the Department of Transportation document that in13 vestment in intelligent transportation systems offers

14 substantial benefits in relationship to costs;

15 (2) as a result of the investment authorized by

16 the Intelligent Transportation Systems Act of 1991

17 (23 U.S.C. 307 note; 105 Stat. 2189), progress has

18 been made on each of the goals set forth for the na19 tional intelligent transportation system program in

20 section 6052(b) of that Act; and

21 (3) continued investment by the Department of

22 Transportation is needed to complete implementa23 tion of those goals.
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1 SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

2 Chapter 5 of title 23, United States Code (as added

3 by section 2005), is amended by adding at the end the

4 following:

5 ‘‘SUBCHAPTER II—INTELLIGENT

6 TRANSPORTATION SYSTEMS

7 ‘‘§ 521. Purposes

8 ‘‘The purposes of this subchapter are—

9 ‘‘(1) to expedite deployment and integration of

10 basic intelligent transportation system services for

11 consumers of passenger and freight transportation

12 across the United States;

13 ‘‘(2) to encourage the use of intelligent trans14 portation systems to enhance international trade and

15 domestic economic productivity;

16 ‘‘(3) to encourage the use of intelligent trans17 portation systems to promote the achievement of na18 tional environmental and safety goals;

19 ‘‘(4) to continue research, development, testing,

20 and evaluation activities to continually expand the

21 state-of-the-art in intelligent transportation systems;

22 ‘‘(5) to provide financial and technical assist23 ance to State and local governments and metropoli24 tan planning organizations to ensure the integration

25 of interoperable, intermodal, and cost-effective intel26 ligent transportation systems;
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1 ‘‘(6) to foster regional cooperation, standards

2 implementation, and operations planning to maxi3 mize the benefits of integrated and coordinated intel4 ligent transportation systems;

5 ‘‘(7) to promote the consideration of intelligent

6 transportation systems in mainstream transportation

7 planning and investment decisionmaking by ensuring

8 that Federal and State transportation officials have

9 adequate, working knowledge of intelligent transpor10 tation system technologies and applications and by

11 ensuring comprehensive funding eligibility for the

12 technologies and applications;

13 ‘‘(8) to encourage intelligent transportation sys14 tem training for, and technology transfer to, State

15 and local agencies;

16 ‘‘(9) to promote the deployment of intelligent

17 transportation system services in rural America so

18 as to achieve safety benefits, promote tourism, and

19 improve quality of life;

20 ‘‘(10) to promote the innovative use of private

21 resources, such as through public-private partner22 ships or other uses of private sector investment, to

23 support the development and integration of intel24 ligent transportation systems throughout the United

25 States;
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1 ‘‘(11) to complete the Federal investment in the

2 Commercial Vehicle Information Systems and Net3 works by September 30, 2003; and

4 ‘‘(12) to facilitate intermodalism through de5 ployment of intelligent transportation systems, in6 cluding intelligent transportation system tech7 nologies for transit systems to improve safety, effi8 ciency, capacity, and utility for the public. public;

9 ‘‘(13) to enhance the safe operation of motor ve10 hicles, including motorcycles, and nonmotorized vehi11 cles on the surface transportation systems of the Unit12 ed States, with a particular emphasis on decreasing

13 the number and severity of collisions; and

14 ‘‘(14) to accommodate the needs of all users of

15 the surface transportation systems of the United

16 States, including the operators of commercial vehicles,

17 passenger vehicles, and motorcycles.

18 ‘‘§ 522. Definitions

19 ‘‘In this subchapter:

20 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS21 TEMS AND NETWORKS.—The term ‘Commercial Ve22 hicle Information Systems and Networks’ means the

23 information systems and communications networks

24 that support commercial vehicle operations.
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1 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The

2 term ‘commercial vehicle operations’—

3 ‘‘(A) means motor carrier operations and

4 motor vehicle regulatory activities associated

5 with the commercial movement of goods, includ6 ing hazardous materials, and passengers; and

7 ‘‘(B) with respect to the public sector, in8 cludes the issuance of operating credentials, the

9 administration of motor vehicle and fuel taxes,

10 and roadside safety and border crossing inspec11 tion and regulatory compliance operations.

12 ‘‘(3) COMPLETED STANDARD.—The term ‘com13 pleted standard’ means a standard adopted and pub14 lished by the appropriate standards-setting organiza15 tion through a voluntary consensus standardmaking

16 process.

17 ‘‘(4) CORRIDOR.—The term ‘corridor’ means

18 any major transportation route that includes parallel

19 limited access highways, major arterials, or transit

20 lines.

21 ‘‘(5) INTELLIGENT TRANSPORTATION SYS22 TEM.—The term ‘intelligent transportation system’

23 means electronics, communications, or information

24 processing used singly or in combination to improve
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1 the efficiency or safety of a surface transportation

2 system.

3 ‘‘(6) NATIONAL ARCHITECTURE.—The term

4 ‘national architecture’ means the common frame5 work for interoperability adopted by the Secretary

6 that defines—

7 ‘‘(A) the functions associated with intel8 ligent transportation system user services;

9 ‘‘(B) the physical entities or subsystems

10 within which the functions reside;

11 ‘‘(C) the data interfaces and information

12 flows between physical subsystems; and

13 ‘‘(D) the communications requirements as14 sociated with the information flows.

15 ‘‘(7) PROVISIONAL STANDARD.—The term ‘pro16 visional standard’ means a provisional standard es17 tablished by the Secretary under section 528(c)

18 529(c).

19 ‘‘(8) STANDARD.—The term ‘standard’ means a

20 document that—

21 ‘‘(A) contains technical specifications or

22 other precise criteria for intelligent transpor23 tation systems that are to be used consistently

24 as rules, guidelines, or definitions of character25 istics so as to ensure that materials, products,
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1 processes, and services are fit for their pur2 poses; and

3 ‘‘(B) may support the national architecture

4 and promote—

5 ‘‘(i) the widespread use and adoption

6 of intelligent transportation system tech7 nology as a component of the surface

8 transportation systems of the United

9 States; and

10 ‘‘(ii) interoperability among intelligent

11 transportation system technologies imple12 mented throughout the States.

13 ‘‘§ 523. Cooperation, consultation, and analysis

14 ‘‘(a) COOPERATION.—In carrying out this sub15 chapter, the Secretary shall—

16 ‘‘(1) foster enhanced operation and manage17 ment of the surface transportation systems of the

18 United States;

19 ‘‘(2) promote the widespread deployment of in20 telligent transportation systems; and

21 ‘‘(3) advance emerging technologies, in coopera22 tion with State and local governments and the pri23 vate sector.

24 ‘‘(b) CONSULTATION.—As appropriate, in carrying

25 out this subchapter, the Secretary shall—
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1 ‘‘(1) consult with the heads of other interested

2 Federal departments and agencies; and

3 ‘‘(2) maximize the involvement of the United

4 States private sector, colleges and universities, and

5 State and local governments in all aspects of carry6 ing out this subchapter.

7 ‘‘(c) PROCUREMENT METHODS.—To meet the need

8 for effective implementation of intelligent transportation

9 system projects, the Secretary shall develop appropriate

10 technical assistance and guidance to assist State and local

11 agencies in evaluating and selecting appropriate methods

12 of procurement for intelligent transportation system

13 projects, including innovative and nontraditional methods

14 of procurement.

15 ‘‘§ 524. Research, development, and training

16 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

17 comprehensive program of intelligent transportation sys18 tem research, development, operational testing, technical

19 assistance and training, national architecture activities,

20 standards development and implementation, and other

21 similar activities that are necessary to carry out the pur22 poses of this subchapter.

23 ‘‘(b) INTELLIGENT VEHICLE AND INTELLIGENT IN24 FRASTRUCTURE PROGRAMS.—

25 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) PROGRAM.—The Secretary shall

2 carry out a program to conduct research, devel3 opment, and engineering designed to stimulate

4 and advance deployment of an integrated intel5 ligent vehicle program and an integrated intel6 ligent infrastructure program, consisting of—

7 ‘‘(i) projects such as crash avoidance,

8 automated highway systems, advanced ve9 hicle controls, and roadway safety and effi10 ciency systems linked to intelligent vehi11 cles; and

12 ‘‘(ii) projects that improve mobility

13 and the quality of the environment, includ14 ing projects for traffic management, inci15 dent management, transit management,

16 toll collection, traveler information, and

17 traffic control systems.

18 ‘‘(B) CONSIDERATION OF VEHICLE AND

19 INFRASTRUCTURE ELEMENTS.—In carrying out

20 subparagraph (A), the Secretary may consider

21 systems that include both vehicle and infra22 structure elements and determine the most ap23 propriate mix of those elements.
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1 ‘‘(2) NATIONAL ARCHITECTURE.—The program

2 carried out under paragraph (1) shall be consistent

3 with the national architecture.

4 ‘‘(3) PRIORITIES.—In carrying out paragraph

5 (1), the Secretary shall give higher priority to activi6 ties that—

7 ‘‘(A) assist motor vehicle drivers in avoid8 ing motor vehicle crashes;

9 ‘‘(B) assist in the development of an auto10 mated highway system; or

11 ‘‘(C) improve the integration of air bag

12 technology with other on-board safety systems

13 and maximize the safety benefits of the simulta14 neous use of an automatic restraint system and

15 seat belts.

16 ‘‘(4) COST SHARING.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), the Federal share of the cost

19 of a research project carried out in cooperation

20 with a non-Federal entity under a program car21 ried out under paragraph (1) shall not exceed

22 80 percent.

23 ‘‘(B) INNOVATIVE OR HIGH-RISK RE24 SEARCH PROJECTS.—The Federal share of the

25 cost of an innovative or high-risk research
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1 project described in subparagraph (A) may, at

2 the discretion of the Secretary, be 100 percent.

3 ‘‘(5) PLAN.—The Secretary shall—

4 ‘‘(A) not later than 1 year after the date

5 of enactment of this subchapter, submit to Con6 gress a 6-year plan specifying the goals, objec7 tives, and milestones to be achieved by each

8 program carried out under paragraph (1); and

9 ‘‘(B) report biennially to Congress on the

10 progress in meeting the goals, objectives, and

11 milestones.

12 ‘‘(c) EVALUATION.—

13 ‘‘(1) GUIDELINES AND REQUIREMENTS.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 establish guidelines and requirements for the

16 independent evaluation of field and related

17 operational tests, and, if necessary, deployment

18 projects, carried out under this subchapter.

19 ‘‘(B) REQUIRED PROVISIONS.—The guide20 lines and requirements established under sub21 paragraph (A) shall include provisions to ensure

22 the objectivity and independence of the evalua23 tor so as to avoid any real or apparent conflict

24 of interest or potential influence on the outcome

25 by parties to any such test or deployment
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1 project or by any other formal evaluation car2 ried out under this subchapter.

3 ‘‘(2) FUNDING.—

4 ‘‘(A) SMALL PROJECTS.—In the case of a

5 test or project with a cost of less than

6 $5,000,000, the Secretary may allocate not

7 more than 15 percent of the funds made avail8 able to carry out the test or project for an eval9 uation of the test or project.

10 ‘‘(B) MODERATE PROJECTS.—In the case

11 of a test or project with a cost of $5,000,000

12 or more, but less than $10,000,000, the Sec13 retary may allocate not more than 10 percent

14 of the funds made available to carry out the

15 test or project for an evaluation of the test or

16 project.

17 ‘‘(C) LARGE PROJECTS.—In the case of a

18 test or project with a cost of $10,000,000 or

19 more, the Secretary may allocate not more than

20 5 percent of the funds made available to carry

21 out the test or project for an evaluation of the

22 test or project.

23 ‘‘(3) INAPPLICABILITY OF PAPERWORK REDUC24 TION ACT.—Any survey, questionnaire, or interview

25 that the Secretary considers necessary to carry out
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1 the evaluation of any test or program assessment ac2 tivity under this subchapter shall not be subject to

3 chapter 35 of title 44.

4 ‘‘(d) INFORMATION CLEARINGHOUSE.—

5 ‘‘(1) IN GENERAL.—The Secretary shall—

6 ‘‘(A) maintain a repository for technical

7 and safety data collected as a result of federally

8 sponsored projects carried out under this sub9 chapter; and

10 ‘‘(B) on request, make that information

11 (except for proprietary information and data)

12 readily available to all users of the repository at

13 an appropriate cost.

14 ‘‘(2) DELEGATION OF AUTHORITY.—

15 ‘‘(A) IN GENERAL.—The Secretary may

16 delegate the responsibility of the Secretary

17 under this subsection, with continuing oversight

18 by the Secretary, to an appropriate entity not

19 within the Department of Transportation.

20 ‘‘(B) FEDERAL ASSISTANCE.—If the Sec21 retary delegates the responsibility, the entity to

22 which the responsibility is delegated shall be eli23 gible for Federal assistance under this section.

24 ‘‘(e) TRAFFIC INCIDENT MANAGEMENT AND RE25 SPONSE.—The Secretary shall carry out a program to ad-
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1 vance traffic incident management and response tech2 nologies, strategies, and partnerships that are fully inte3 grated with intelligent transportation systems.

4 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

5 ‘‘(1) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the Mass

7 Transit Account) to carry out this section

8 $120,000,000 for fiscal year 1998, $125,000,000 for

9 fiscal year 1999, $130,000,000 for fiscal year 2000,

10 $135,000,000 for fiscal year 2001, $140,000,000 for

11 fiscal year 2002, and $150,000,000 for fiscal year

12 2003, of which, for each fiscal year—

13 ‘‘(A) not less than $25,000,000 shall be

14 available for activities that assist motor vehicle

15 drivers in avoiding motor vehicle crashes, in16 cluding activities that improve the integration

17 of air bag technology with other on-board safety

18 systems;

19 ‘‘(B) not less than $25,000,000 shall be

20 available for activities that assist in the develop21 ment of an automated highway system; and

22 ‘‘(C) not less than $3,000,000 shall be

23 available for traffic incident management and

24 response.
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1 ‘‘(2) CONTRACT AUTHORITY.—Funds author2 ized under this subsection shall be available for obli3 gation in the same manner as if the funds were ap4 portioned under chapter 1.

5 ‘‘§ 525. Intelligent transportation system integration

6 program

7 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

8 comprehensive program (referred to in this section as the

9 ‘program’) to accelerate the integration and interoper10 ability of intelligent transportation systems.

11 ‘‘(b) SELECTION OF PROJECTS.—

12 ‘‘(1) IN GENERAL.—Under the program, the

13 Secretary shall select for funding, through competi14 tive solicitation, projects that will serve as models to

15 improve transportation efficiency, promote safety, in16 crease traffic flow, reduce emissions of air pollut17 ants, improve traveler information, or enhance alter18 native transportation modes.

19 ‘‘(2) PRIORITIES.—Under the program, the

20 Secretary shall give higher priority to funding

21 projects that—

22 ‘‘(A) promote and foster integration strate23 gies and written agreements among local gov24 ernments, States, and other regional entities;
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1 ‘‘(B) build on existing (as of the date of

2 project selection) intelligent transportation sys3 tem projects;

4 ‘‘(C) deploy integrated intelligent transpor5 tation system projects throughout metropolitan

6 areas;

7 ‘‘(D) deploy integrated intelligent transpor8 tation system projects that enhance safe freight

9 movement or coordinate intermodal travel, in10 cluding intermodal travel at ports of entry into

11 the United States; and

12 ‘‘(E) advance intelligent transportation

13 system deployment projects that are consistent

14 with the national architecture and, as appro15 priate, comply with required standards as de16 scribed in section 528 529.

17 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

18 out the program, the Secretary shall encourage private

19 sector involvement and financial commitment, to the maxi20 mum extent practicable, through innovative financial ar21 rangements, especially public-private partnerships.

22 ‘‘(d) FINANCING AND OPERATIONS PLANS.—As a

23 condition of receipt of funds under the program, a recipi24 ent participating in a project shall submit to the Secretary

25 a multiyear financing and operations plan that describes
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1 how the project can be cost-effectively operated and main2 tained.

3 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

4 ‘‘(1) IN GENERAL.—There shall be available

5 from the Highway Trust Fund (other than the Mass

6 Transit Account) to carry out this section

7 $100,000,000 for fiscal year 1998, $110,000,000 for

8 fiscal year 1999, $115,000,000 for fiscal year 2000,

9 $130,000,000 for fiscal year 2001, $135,000,000 for

10 fiscal year 2002, and $145,000,000 for fiscal year

11 2003.

12 ‘‘(2) CONTRACT AUTHORITY.—Funds author13 ized under this subsection shall be available for obli14 gation in the same manner as if the funds were ap15 portioned under chapter 1, except that, in the case

16 of a project funded under paragraph (1)—

17 ‘‘(A) the Federal share of the cost of the

18 project payable from funds made available

19 under paragraph (1) shall not exceed 50 per20 cent; and

21 ‘‘(B) the total Federal share of the cost of

22 the project payable from all eligible sources (in23 cluding paragraph (1)) shall not exceed 80 per24 cent.
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1 ‘‘§ 526. Integration program for rural areas

2 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

3 comprehensive program (referred to in this section as the

4 ‘program’) to accelerate the integration or deployment of

5 intelligent transportation systems in rural areas.

6 ‘‘(b) SELECTION OF PROJECTS.—Under the pro7 gram, the Secretary shall—

8 ‘‘(1) select projects through competitive solicita9 tion; and

10 ‘‘(2) give higher priority to funding projects

11 that—

12 ‘‘(A) promote and foster integration strate13 gies and agreements among local governments,

14 States, and other regional entities;

15 ‘‘(B) deploy integrated intelligent transpor16 tation system projects that improve mobility,

17 enhance the safety of the movement of pas18 senger vehicles and freight, or promote tourism;

19 or

20 ‘‘(C) advance intelligent transportation

21 system deployment projects that are consistent

22 with the national architecture and comply with

23 required standards as described in section 528

24 529.

25 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

26 out the program, the Secretary shall encourage private
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1 sector involvement and financial commitment, to the maxi2 mum extent practicable, through innovative financial ar3 rangements, especially public-private partnerships.

4 ‘‘(d) FINANCING AND OPERATIONS PLANS.—As a

5 condition of receipt of funds under the program, a recipi6 ent participating in a project shall submit to the Secretary

7 a multiyear financing and operations plan that describes

8 how the project can be cost-effectively operated and main9 tained

10 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

11 ‘‘(1) IN GENERAL.—There shall be available

12 from the Highway Trust Fund (other than the Mass

13 Transit Account) to carry out this section

14 $10,000,000 for fiscal year 1998, $10,000,000 for

15 fiscal year 1999, $15,000,000 for fiscal year 2000,

16 $15,000,000 for fiscal year 2001, $20,000,000 for

17 fiscal year 2002, and $20,000,000 for fiscal year

18 2003.

19 ‘‘(2) CONTRACT AUTHORITY.—Funds author20 ized under this subsection shall be available for obli21 gation in the same manner as if the funds were ap22 portioned under chapter 1, except that, in the case

23 of a project funded under paragraph (1)—

24 ‘‘(A) the Federal share of the cost of the

25 project payable from funds made available
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1 under paragraph (1) shall not exceed 50 per2 cent; and

3 ‘‘(B) the total Federal share of the cost of

4 the project payable from all eligible sources (in5 cluding paragraph (1)) shall not exceed 80 per6 cent.

7 ‘‘§ 527. Commercial vehicle intelligent transportation

8 system infrastructure

9 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

10 comprehensive program—

11 ‘‘(1) to deploy intelligent transportation systems

12 that will promote the safety and productivity of com13 mercial vehicles and drivers; and

14 ‘‘(2) to reduce costs associated with commercial

15 vehicle operations and State and Federal commercial

16 vehicle regulatory requirements.

17 ‘‘(b) ELEMENTS OF PROGRAM.—

18 ‘‘(1) SAFETY INFORMATION SYSTEMS AND NET19 WORKS.—

20 ‘‘(A) IN GENERAL.—The program shall ad21 vance the technological capability and promote

22 the deployment of commercial vehicle, commer23 cial driver, and carrier-specific safety informa24 tion systems and networks and other intelligent

25 transportation system technologies used to as-
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1 sist States in identifying high-risk commercial

2 operations and in conducting other innovative

3 safety strategies, including the Commercial Ve4 hicle Information Systems and Networks.

5 ‘‘(B) FOCUS OF PROJECTS.—Projects as6 sisted under the program shall focus on—

7 ‘‘(i) identifying and eliminating unsafe

8 and illegal carriers, vehicles, and drivers in

9 a manner that does not unduly hinder the

10 productivity and efficiency of safe and

11 legal commercial operations;

12 ‘‘(ii) enhancing the safe passage of

13 commercial vehicles across the United

14 States and across international borders;

15 ‘‘(iii) reducing the numbers of viola16 tions of out-of-service orders; and

17 ‘‘(iv) complying with directives to ad18 dress other safety violations.

19 ‘‘(2) MONITORING SYSTEMS.—The program

20 shall advance on-board driver and vehicle safety

21 monitoring systems, including fitness-for-duty,

22 brake, and other operational monitoring tech23 nologies, that will facilitate commercial vehicle safe24 ty, including inspection by motor carrier safety as-
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•S 1173 RS

1 sistance program officers and employees under chap2 ter 311 of title 49.

3 ‘‘(c) USE OF FEDERAL FUNDS.—

4 ‘‘(1) IN GENERAL.—Federal funds used to

5 carry out the program shall be primarily used to im6 prove—

7 ‘‘(A) commercial vehicle safety and the ef8 fectiveness and efficiency of enforcement efforts

9 conducted under the motor carrier safety assist10 ance program under chapter 311 of title 49;

11 ‘‘(B) electronic processing of registration,

12 driver licensing, fuel tax, and other safety infor13 mation; and

14 ‘‘(C) communication of the information de15 scribed in subparagraph (B) to other among the

16 States.

17 ‘‘(2) LEVERAGING.—Federal funds used to

18 carry out the program shall, to the maximum extent

19 practicable—

20 ‘‘(A) be leveraged with non-Federal funds;

21 and

22 ‘‘(B) be used for activities not carried out

23 through the use of private funds.
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1 ‘‘(d) FEDERAL SHARE.—The Federal share of the

2 cost of a project assisted under the program shall be not

3 more than 80 percent.

4 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

5 ‘‘(1) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the Mass

7 Transit Account) to carry out this section

8 $25,000,000 for fiscal year 1998, $25,000,000 for

9 fiscal year 1999, $25,000,000 for fiscal year 2000,

10 $35,000,000 for fiscal year 2001, $35,000,000 for

11 fiscal year 2002, and $40,000,000 for fiscal year

12 2003.

13 ‘‘(2) CONTRACT AUTHORITY.—Funds author14 ized under this subsection shall be available for obli15 gation in the same manner as if the funds were ap16 portioned under chapter 1, except that, in the case

17 of a project funded under paragraph (1)—

18 ‘‘(A) the Federal share of the cost of the

19 project payable from funds made available

20 under paragraph (1) shall not exceed 50 per21 cent; and

22 ‘‘(B) the total Federal share of the cost of

23 the project payable from all eligible sources (in24 cluding paragraph (1)) shall not exceed 80 per25 cent.
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1 ‘‘§ 528. Corridor development and coordination

2 ‘‘(a) IN GENERAL.—The Secretary shall encourage

3 multistate cooperative agreements, coalitions, or other ar4 rangements intended to promote regional cooperation, plan5 ning, and shared project implementation for intelligent

6 transportation system projects.

7 ‘‘(b) FUNDING.—There shall be available to carry out

8 this section for each fiscal year not more than—

9 ‘‘(1) $3,000,000 of the amounts made available

10 under section 524(f); and

11 ‘‘(2) $7,000,000 of the amounts made available

12 under section 525(e).

13 ‘‘§ 528 529. Standards

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

16 MAINTENANCE.—The Secretary shall develop, imple17 ment, and maintain a national architecture and sup18 porting standards to promote the widespread use

19 and evaluation of intelligent transportation system

20 technology as a component of the surface transpor21 tation systems of the United States.

22 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To

23 the maximum extent practicable, the standards shall

24 promote interoperability among, and efficiency of,

25 intelligent transportation system technologies imple26 mented throughout the States.
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1 ‘‘(3) USE OF STANDARDS-SETTING ORGANIZA2 TIONS.—In carrying out this section, the Secretary

3 may use the services of such standards-setting orga4 nizations as the Secretary determines appropriate.

5 ‘‘(b) REPORT.—

6 ‘‘(1) IN GENERAL.—Not later than January 1,

7 1999, the Secretary shall submit a report describing

8 the status of all standards.

9 ‘‘(2) CONTENTS.—The report shall—

10 ‘‘(A) identify each standard that is needed

11 for operation of intelligent transportation sys12 tems in the United States;

13 ‘‘(B) specify the status of the development

14 of each standard;

15 ‘‘(C) provide a timetable for achieving

16 agreement on each standard as described in this

17 section; and

18 ‘‘(D) determine which standards are criti19 cal to ensuring national interoperability or criti20 cal to the development of other standards.

21 ‘‘(c) ESTABLISHMENT OF PROVISIONAL STAND22 ARDS.—

23 ‘‘(1) ESTABLISHMENT.—Subject to subsection

24 (d), if a standard determined to be critical under

25 subsection (b)(2)(D) is not adopted and published by
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1 the appropriate standards-setting organization by

2 January 1, 2001, the Secretary shall establish a pro3 visional standard after consultation with affected

4 parties.

5 ‘‘(2) PERIOD OF EFFECTIVENESS.—The provi6 sional standard shall—

7 ‘‘(A) be published in the Federal Register;

8 ‘‘(B) take effect not later than May 1,

9 2001; and

10 ‘‘(C) remain in effect until the appropriate

11 standards-setting organization adopts and pub12 lishes a standard.

13 ‘‘(d) WAIVER OF REQUIREMENT TO ESTABLISH PRO14 VISIONAL STANDARDS.—

15 ‘‘(1) NOTICE.—The Secretary may waive the

16 requirement to establish a provisional standard by

17 submitting, not later than January 1, 2001, to the

18 Committee on Environment and Public Works of the

19 Senate and the Committee on Transportation and

20 Infrastructure of the House of Representatives, a

21 notice that—

22 ‘‘(A) specifies the provisional standard sub23 ject to the waiver;

24 ‘‘(B) describes the history of the develop25 ment of the standard subject to the waiver;
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1 ‘‘(C) specifies the reasons why the require2 ment for the establishment of the provisional

3 standard is being waived;

4 ‘‘(D) describes the impacts of delaying the

5 establishment of the standard subject to the

6 waiver, especially the impacts on the purposes

7 of this subchapter; and

8 ‘‘(E) provides specific estimates as to when

9 the standard subject to the waiver is expected

10 to be adopted and published by the appropriate

11 standards-setting organization.

12 ‘‘(2) PROGRESS REPORTS.—

13 ‘‘(A) IN GENERAL.—In the case of each

14 standard subject to a waiver by the Secretary

15 under paragraph (1), the Secretary shall sub16 mit, in accordance with the schedule specified

17 in subparagraph (B), a report to the Committee

18 on Environment and Public Works of the Sen19 ate and the Committee on Transportation and

20 Infrastructure of the House of Representatives

21 on the progress of the adoption of a completed

22 standard.

23 ‘‘(B) SCHEDULE OF REPORTS.—The Sec24 retary shall submit a report under subpara25 graph (A) with respect to a standard—
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1 ‘‘(i) not later than 180 days after the

2 date of submission of the notice under

3 paragraph (1) with respect to the stand4 ard; and

5 ‘‘(ii) at the end of each 180-day pe6 riod thereafter until such time as a stand7 ard has been adopted and published by the

8 appropriate standards-setting organization

9 or the waiver is withdrawn under para10 graph (3).

11 ‘‘(C) CONSULTATION.—In developing each

12 progress report under subparagraph (A), the

13 Secretary shall consult with the standards-set14 ting organizations involved in the

15 standardmaking process for the standard.

16 ‘‘(3) WITHDRAWAL OF WAIVER.—

17 ‘‘(A) IN GENERAL.—At any time, the Sec18 retary may, through notification to the Commit19 tee on Environment and Public Works of the

20 Senate and the Committee on Transportation

21 and Infrastructure of the House of Representa22 tives, withdraw a notice of a waiver of the re23 quirement to establish a provisional standard.

24 ‘‘(B) IMPLEMENTATION.—If the Secretary

25 submits notification under subparagraph (A)
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1 with respect to a provisional standard, not less

2 than 30 days, but not more than 90 days, after

3 the date of the notification, the Secretary shall

4 implement the provisional standard, unless, by

5 the end of the 90-day period beginning on the

6 date of the notification, a standard has been

7 adopted and published by the appropriate

8 standards-setting organization.

9 ‘‘(e) REQUIREMENT FOR COMPLIANCE WITH STAND10 ARD.—

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) STANDARD IN EXISTENCE.—Funds

13 made available from the Highway Trust Fund

14 shall not be used to deploy an intelligent trans15 portation system technology if the technology

16 does not comply with each applicable provi17 sional standard or completed standard.

18 ‘‘(B) NO STANDARD IN EXISTENCE.—In

19 the absence of a provisional standard or com20 pleted standard, Federal funds shall not be

21 used to deploy an intelligent transportation sys22 tem technology if the deployment is not consist23 ent with the interfaces to ensure interoper24 ability that are contained in the national archi25 tecture.
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1 ‘‘(2) APPLICABILITY.—Paragraph (1) shall not

2 apply to—

3 ‘‘(A) the operation or maintenance of an

4 intelligent transportation system in existence on

5 the date of enactment of this subchapter; or

6 ‘‘(B) the upgrade or expansion of an intel7 ligent transportation system in existence on the

8 date of enactment of this subchapter if the Sec9 retary determines that the upgrade or expan10 sion—

11 ‘‘(i) does not adversely affect the pur12 poses of this subchapter, especially the

13 goal of national or regional interoper14 ability;

15 ‘‘(ii) is carried out before the end of

16 the useful life of the system; and

17 ‘‘(iii) is cost effective as compared to

18 alternatives that meet the compliance re19 quirement of paragraph (1)(A) or the con20 sistency requirement of paragraph (1)(B).

21 ‘‘(f) SPECTRUM.—

22 ‘‘(1) CONSULTATION.—The Secretary shall con23 sult with the Secretary of Commerce, the Secretary

24 of Defense, and the Chairman of the Federal Com25 munications Commission to determine the best
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1 means for securing the necessary spectrum for the

2 near-term establishment of a dedicated short-range

3 vehicle-to-wayside wireless standard and any other

4 spectrum that the Secretary determines to be critical

5 to the implementation of this title.

6 ‘‘(2) PROGRESS REPORT.—After consultation

7 under paragraph (1) and with other affected agen8 cies, but not later than 1 year after the date of en9 actment of this subchapter, the Secretary shall sub10 mit a report to Congress on the progress made in

11 securing the spectrum described in paragraph (1).

12 ‘‘(3) DEADLINE FOR SECURING SPECTRUM.—

13 Notwithstanding any other provision of law, not

14 later than 2 years after the date of enactment of

15 this subchapter, the Secretary of Commerce shall re16 lease to the Federal Communications Commission,

17 and the Federal Communications Commission shall

18 allocate, the spectrum described in paragraph (1).

19 ‘‘(g) FUNDING.—The Secretary shall use funds made

20 available under section 524 to carry out this section.

21 ‘‘§ 529 530. Funding limitations

22 ‘‘(a) CONSISTENCY WITH NATIONAL ARCHITEC23 TURE.—The Secretary shall use funds made available

24 under this subchapter to deploy intelligent transportation
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1 system technologies that are consistent with the national

2 architecture.

3 ‘‘(b) COMPETITION WITH PRIVATELY FUNDED

4 PROJECTS.—To the maximum extent practicable, the Sec5 retary shall not fund any intelligent transportation system

6 operational test or deployment project that competes with

7 a similar privately funded project.

8 ‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds

9 made available under this subchapter for operational tests

10 and deployment projects—

11 ‘‘(1) shall be used primarily for the development

12 of intelligent transportation system infrastructure;

13 and

14 ‘‘(2) to the maximum extent practicable, shall

15 not be used for the construction of physical highway

16 and transit infrastructure unless the construction is

17 incidental and critically necessary to the implemen18 tation of an intelligent transportation system

19 project.

20 ‘‘(d) PUBLIC RELATIONS AND TRAINING.—For each

21 fiscal year, not more than $15,000,000 of the funds made

22 available under this subchapter shall be used for intel23 ligent transportation system outreach, public relations,

24 training, mainstreaming, shareholder relations, or related

25 activities.
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1 ‘‘§ 531. Use of innovative financing

2 ‘‘(a) IN GENERAL.—The Secretary may use up to 25

3 percent of the funds made available under this subchapter

4 and section 541 to make available loans, lines of credit, and

5 loan guarantees for projects that are eligible for assistance

6 under this title and that have significant intelligent trans7 portation system elements.

8 ‘‘(b) CONSISTENCY WITH OTHER LAW.—Credit assist9 ance described in subsection (a) shall be made available in

10 a manner consistent with the Transportation Infrastructure

11 Finance and Innovation Act of 1997.

12 ‘‘§ 530 532. Advisory committees

13 ‘‘(a) IN GENERAL.—In carrying out this subchapter,

14 the Secretary shall use 1 or more advisory committees.

15 ‘‘(b) APPLICABILITY OF FEDERAL ADVISORY COM16 MITTEE ACT.—Any advisory committee so used shall be

17 subject to the Federal Advisory Committee Act (5 U.S.C.

18 App.).’’.

19 SEC. 2104. CONFORMING AMENDMENT.

20 The Intermodal Surface Transportation Efficiency

21 Act of 1991 is amended by striking part B of title VI (23

22 U.S.C. 307 note; 105 Stat. 2189).
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1 Subtitle C—Funding

2 SEC. 2201. FUNDING.

3 Chapter 5 of title 23, United States Code (as amend4 ed by section 2103), is amended by adding at the end the

5 following:

6 ‘‘SUBCHAPTER III—FUNDING

7 ‘‘§ 541. Funding

8 ‘‘(a) RESEARCH, TECHNOLOGY, AND TRAINING.—

9 There shall be available from the Highway Trust Fund

10 (other than the Mass Transit Account) to carry out sec11 tions 502, 507, 509, and 511 $98,000,000 for fiscal year

12 1998, $101,000,000 for fiscal year 1999, $104,000,000

13 for fiscal year 2000, $107,000,000 for fiscal year 2001,

14 $110,000,000 for fiscal year 2002, and $114,000,000 for

15 fiscal year 2003.

16 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

17 under this section shall be available for obligation in the

18 same manner as if the funds were apportioned under chap19 ter 1, except that—

20 ‘‘(1) any Federal share of the cost of an activity

21 under this chapter shall be determined in accordance

22 with this chapter; and

23 ‘‘(2) the funds shall remain available for obliga24 tion for a period of 4 years after the last day of the

25 fiscal year for which the funds are authorized.
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•S 1173 RS

1 ‘‘(c) LIMITATIONS ON OBLIGATIONS.—Notwithstand2 ing any other provision of law, the total amount of all obli3 gations under subsection (a) shall not exceed—

4 ‘‘(1) $98,000,000 for fiscal year 1998;

5 ‘‘(2) $101,000,000 for fiscal year 1999;

6 ‘‘(3) $104,000,000 for fiscal year 2000;

7 ‘‘(4) $107,000,000 for fiscal year 2001;

8 ‘‘(5) $110,000,000 for fiscal year 2002; and

9 ‘‘(6) $114,000,000 for fiscal year 2003.’’.