I

105TH CONGRESS

1ST SESSION H. R. 674

To authorize funds for construction of highways, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 11, 1997

Mr. DELAY (for himself, Mr. CONDIT, Mr. GINGRICH, Mr. HOSTETTLER, Ms.

BROWN of Florida, Mr. BUYER, Mr. COBLE, Mr. WOLF, Mr. DICKEY,

Mr. NORWOOD, Mr. BURTON of Indiana, Mr. HAMILTON, Mr.

THORNBERRY, Mr. TANNER, Mr. GOODE, Mr. MCCOLLUM, Mr. BATEMAN, Mrs. CARSON, Mr. MCINTYRE, Mr. MCINTOSH, Mr. SENSENBRENNER, Mr. ORTIZ, Mr. BONILLA, Mr. SALMON, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. STEARNS, Mr. GOODLATTE, Mrs. FOWLER, Mr.

SOUDER, Mr. PARKER, Mr. SAM JOHNSON of Texas, Mr. LEWIS of Kentucky, Mr. DUNCAN, Mr. BRYANT, Mr. DEAL of Georgia, Mrs. MEEK of

Florida, Mr. STENHOLM, Mr. SANDLIN, Mr. CANADY of Florida, Mr.

BURR of North Carolina, Mr. FROST, Mr. ROEMER, Mr. EDWARDS, Mrs.

NORTHUP, Mr. TAYLOR of North Carolina, Mr. ARCHER, Mr. PICKETT,

Mr. BENTSEN, Mr. SESSIONS, Mr. COMBEST, Mr. PEASE, Mr. TURNER,

Mr. HASTINGS of Florida, Mr. HINOJOSA, Mr. HEFNER, Mr. SISISKY,

Mr. CRAMER, Mr. GOSS, Mr. SCOTT, Mr. CALLAHAN, Mr. BALLENGER,

Mr. EVERETT, Mr. BARTON of Texas, Mr. SMITH of Texas, Mr. MICA,

Mr. JONES, Mr. BRADY, Mr. LUCAS of Oklahoma, Mr. WHITFIELD, Mr.

JOHN, Mr. BAESLER, Mr. HALL of Texas, Mr. ETHERIDGE, Mr. PRICE

of North Carolina, Ms. JACKSON-LEE of Texas, Mrs. MYRICK, Mr.

WATTS of Oklahoma, and Mr. HULSHOF) introduced the following bill;

which was referred to the Committee on Transportation and Infrastructure

A BILL

To authorize funds for construction of highways, and for

other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘ISTEA Integrity Restoration Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Declaration of policy.

Sec. 3. Authorization of appropriations.

Sec. 4. National Highway System.

Sec. 5. Eligibility of Interstate maintenance activities.

Sec. 6. Streamlined surface transportation program.

Sec. 7. Population determinations.

Sec. 8. Highway bridge replacement and rehabilitation activities.

Sec. 9. Congestion mitigation and air quality improvement activities.

Sec. 10. Apportionment adjustment program.

Sec. 11. Repeal of set-asides for discretionary programs.

Sec. 12. Technical correction to program administration set-aside.

Sec. 13. Effective date; applicability; certain unobligated balances.

8 SEC. 2. DECLARATION OF POLICY.

9 Section 101 of title 23, United States Code, is

10 amended by striking subsection (b) and inserting the fol11 lowing:

12 ‘‘(b) DECLARATION OF POLICY.—Congress finds and

13 declares the following:

14 ‘‘(1) The National Highway System is the foun15 dation for the Nation’s unified, connected transpor16 tation system. National policy for the National

17 Highway System should be broadly focused, consid18 ering all vital economic and mobility resources.
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1 ‘‘(2) The national policy will direct our common

2 resources toward preservation and management of

3 our present transportation infrastructure. National

4 surface transportation policy should be directed to5 ward maintaining a safe, mobile, and economically

6 competitive transportation system for, and ensuring

7 the national security of, the United States.

8 ‘‘(3) While the National Highway System links

9 the United States to provide enhanced economic and

10 social mobility, the surface transportation needs of

11 each State and region differ greatly. The surface

12 transportation program should focus on the fun13 damental needs of the Nation’s transportation net14 work, while refraining from prescribing the form of

15 that network for all parts of the country.

16 ‘‘(4) The national surface transportation policy

17 must provide sufficient flexibility for States and lo18 calities to respond to diverse local needs.

19 ‘‘(5) National funding for surface transpor20 tation should be based on current, reasonable, and

21 appropriate revenue distribution formulas. Appro22 priate and adequate funding will enhance the ability

23 of all States to meet common goals in safety, mobil24 ity, and economic development.’’.
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1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—For the purpose of carrying out

3 title 23, United States Code, the following sums are au4 thorized to be appropriated out of the Highway Trust

5 Fund (other than the Mass Transit Account):

6 (1) NATIONAL HIGHWAY SYSTEM.—For the Na7 tional Highway System under section 103 of title

8 23, United States Code, $8,638,000,000 for fiscal

9 year 1998, $8,782,000,000 for fiscal year 1999,

10 $8,966,000,000 for fiscal year 2000,

11 $9,147,000,000 for fiscal year 2001, and

12 $9,345,000,000 for fiscal year 2002.

13 (2) SURFACE TRANSPORTATION PROGRAM.—

14 For the surface transportation program under sec15 tion 133 of that title $12,958,000,000 for fiscal year

16 1998, $13,173,000,000 for fiscal year 1999,

17 $13,449,000,000 for fiscal year 2000,

18 $13,720,000,000 for fiscal year 2001, and

19 $14,018,000,000 for fiscal year 2002.

20 (3) FEDERAL LANDS HIGHWAYS PROGRAM.—

21 (A) INDIAN RESERVATION ROADS.—For

22 Indian reservation roads under section 204 of

23 that title $196,000,000 for fiscal year 1998,

24 $201,000,000 for fiscal year 1999,

25 $207,000,000 for fiscal year 2000,
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1 $212,000,000 for fiscal year 2001, and

2 $218,000,000 for fiscal year 2002.

3 (B) PUBLIC LANDS HIGHWAYS.—For pub4 lic lands highways under section 204 of that

5 title $176,000,000 for fiscal year 1998,

6 $181,000,000 for fiscal year 1999,

7 $186,000,000 for fiscal year 2000,

8 $191,000,000 for fiscal year 2001, and

9 $196,000,000 for fiscal year 2002.

10 (C) PARKWAYS AND PARK ROADS.—For

11 parkways and park roads under section 204 of

12 that title $86,000,000 for fiscal year 1998,

13 $88,000,000 for fiscal year 1999, $91,000,000

14 for fiscal year 2000, $93,000,000 for fiscal year

15 2001, and $96,000,000 for fiscal year 2002.

16 (b) OBLIGATION LIMITATIONS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), notwithstanding any other provision of

19 law, any limitation on obligations established for any

20 of fiscal years 1998 through 2003 for funds appor21 tioned or allocated from the Highway Trust Fund

22 (other than the Mass Transit Account) shall apply

23 to all such apportionments and allocations, unless
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1 the provision of law establishing the limitation spe2 cifically amends or limits the applicability of this

3 paragraph.

4 (2) EMERGENCY RELIEF.—Any limitation on

5 obligations described in paragraph (1) shall not

6 apply to any allocation made under section 125 of

7 title 23, United States Code.

8 SEC. 4. NATIONAL HIGHWAY SYSTEM.

9 (a) DEFINITIONS.—Section 101(a) of title 23, United

10 States Code, is amended—

11 (1) by adding at the end the following:

12 ‘‘The term ‘highway funds’ means, with respect to a

13 fiscal year, the funds apportioned and allocations author14 ized by the ISTEA Integrity Restoration Act and this title

15 to a State for the fiscal year, and the funds administra16 tively allocated to a State for the preceding fiscal year (if

17 any), for Federal-aid highways and highway safety con18 struction (other than funds made available for emergency

19 relief under section 125 and for the Federal lands high20 ways program under section 204).’’; and

21 (2) by reordering the undesignated paragraphs

22 so that they are in alphabetical order.

23 (b) APPORTIONMENTS.—Section 104(b) of title 23,

24 United States Code, is amended by striking paragraph (1)

25 and inserting the following:
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1 ‘‘(1) NATIONAL HIGHWAY SYSTEM.—For the

2 National Highway System, 0.4 percent to the Virgin

3 Islands, Guam, American Samoa, and the Common4 wealth of the Northern Mariana Islands and the re5 maining 99.6 percent apportioned as follows:

6 ‘‘(A) In the case of a State with an aver7 age population density of 20 persons or fewer

8 per square mile, and in the case of a State with

9 a population of 1,500,000 persons or fewer and

10 with a land area of 10,000 square miles or less,

11 the greater of—

12 ‘‘(i) a percentage share of apportion13 ments equal to the percentage specified for

14 the State in section 157(d); or

15 ‘‘(ii) a share determined under sub16 paragraph (B).

17 ‘‘(B) Subject to subparagraph (A), in the

18 case of any State for which the apportionment

19 is not determined under subparagraph (A)(i), a

20 share of the remaining apportionments deter21 mined in accordance with the following formula:

‘‘(i) 1 22 ⁄9 of the remaining apportion23 ments in the ratio that—
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1 ‘‘(I) the total rural lane miles in

2 each State, as certified by the Sec3 retary; bears to

4 ‘‘(II) the total rural lane miles in

5 all States for which the apportionment

6 is not determined under subparagraph

7 (A)(i).

‘‘(ii) 1 8 ⁄9 of the remaining apportion9 ments in the ratio that—

10 ‘‘(I) the total rural vehicle miles

11 traveled in each State, as certified by

12 the Secretary; bears to

13 ‘‘(II) the total rural vehicle miles

14 traveled in all States for which the ap15 portionment is not determined under

16 subparagraph (A)(i).

‘‘(iii) 2 17 ⁄9 of the remaining apportion18 ments in the ratio that—

19 ‘‘(I) the total urban lane miles in

20 each State, as certified by the Sec21 retary; bears to

22 ‘‘(II) the total urban lane miles

23 in all States for which the apportion24 ment is not determined under sub25 paragraph (A)(i).
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‘‘(iv) 2 1 ⁄9 of the remaining apportion2 ments in the ratio that—

3 ‘‘(I) the total urban vehicle miles

4 traveled in each State, as certified by

5 the Secretary; bears to

6 ‘‘(II) the total urban vehicle

7 miles traveled in all States for which

8 the apportionment is not determined

9 under subparagraph (A)(i).

‘‘(v) 3 10 ⁄9 of the remaining apportion11 ments in the ratio that—

12 ‘‘(I) the total diesel fuel used on

13 highways in each State, as certified by

14 the Secretary; bears to

15 ‘‘(II) the total diesel fuel used on

16 highways in all States for which the

17 apportionment is not determined

18 under subparagraph (A)(i).’’.

19 (c) BRIDGES AS ELIGIBLE PROJECTS.—Section

20 103(i) of title 23, United States Code, is amended by add21 ing at the end the following:

22 ‘‘(14) Construction, reconstruction, resurfacing,

23 restoration, and rehabilitation of bridges on seg24 ments of the National Highway System.’’.
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1 SEC. 5. ELIGIBILITY OF INTERSTATE MAINTENANCE AC2 TIVITIES.

3 (a) ELIMINATION OF APPORTIONMENTS.—Section

4 104(b) of title 23, United States Code, is amended by

5 striking paragraph (5).

6 (b) FUNDING OF ACTIVITIES.—Section 119 of title

7 23, United States Code, is amended—

8 (1) in the section heading, by striking ‘‘pro9 gram’’ and inserting ‘‘activities’’;

10 (2) in subsection (a)—

11 (A) in the first sentence—

12 (i) by striking ‘‘sections 103 and

13 139(c) of this title and routes on the Inter14 state System designated before the date of

15 enactment of this sentence under section

16 139(a) and (b) of’’; and

17 (ii) by striking ‘‘subsection (e)’’ and

18 inserting ‘‘subsection (d)’’; and

19 (B) by striking the second sentence and in20 serting the following: ‘‘Projects approved under

21 the preceding sentence shall be carried out

22 using funds apportioned in accordance with

23 paragraphs (1) and (3) of section 104(b).’’;

24 (3) in subsection (b), by striking the third sen25 tence and all that follows;

26 (4) by striking subsections (d), (f), and (g); and
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1 (5) by redesignating subsection (e) as sub2 section (d).

3 (c) CONFORMING AMENDMENTS.—

4 (1) The analysis for chapter 1 of title 23, Unit5 ed States Code, is amended by striking the item re6 lating to section 119 and inserting the following:

‘‘119. Interstate maintenance activities.’’.

7 (2) Section 104 of title 23, United States Code,

8 is amended—

9 (A) in the first sentence of subsection (a),

10 by striking ‘‘the National Highway System, and

11 the Interstate System’’ and inserting ‘‘and the

12 National Highway System’’;

13 (B) in the matter preceding paragraph (1)

14 of subsection (b)—

15 (i) by striking ‘‘except as provided in

16 paragraph (5)(A) of this subsection’’; and

17 (ii) by striking ‘‘the National Highway

18 System, and the Interstate System’’ and

19 inserting ‘‘and the National Highway Sys20 tem’’; and

21 (C) in subsection (e)—

22 (i) in the first sentence, by striking

23 ‘‘(other than under subsection (b)(5) of

24 this section)’’;
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1 (ii) in the second sentence, by striking

2 ‘‘the sums which he has apportioned under

3 subsection (b)(5) of this section to each

4 State for such fiscal year, and also’’ and

5 (iii) in the last sentence, by striking ‘‘,

6 except that in the case of the Interstate

7 System the Secretary shall advise each

8 State ninety days prior to the apportion9 ment of such funds’’.

10 (3) Section 115(b)(1) of title 23, United States

11 Code, is amended by striking ‘‘or 104(b)(5), as the

12 case may be,’’.

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

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

15 of this title’’ and inserting ‘‘section 104(b)(3)’’.

16 (5) Section 139 of title 23, United States Code,

17 is amended by striking ‘‘sections 104(b)(1) and

18 104(b)(5)(B) of this title’’ each place it appears and

19 inserting ‘‘section 104(b)(1)’’.

20 (6) Section 141(c) of title 23, United States

21 Code, is amended by inserting ‘‘(as in effect on the

22 day before the date of enactment of the ISTEA In23 tegrity Restoration Act)’’ after ‘‘section 104(b)(5) of

24 this title’’ each place it appears.
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1 (7) Section 142(c) of title 23, United States

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

3 104(b)(5)(A))’’.

4 (8) Section 158 of title 23, United States Code,

5 is amended—

6 (A) in subsection (a), by inserting ‘‘(as in

7 effect on the day before the date of enactment

8 of the ISTEA Integrity Restoration Act)’’ after

9 ‘‘104(b)(5)’’ each place it appears; and

10 (B) by striking subsection (b) and insert11 ing the following:

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

13 funds withheld under this section from apportionment to

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

15 apportionment to that State.’’.

16 (9) Section 159 of title 23, United States Code,

17 is amended—

18 (A) by striking ‘‘(5) of’’ each place it ap19 pears and inserting ‘‘(5) (as in effect on the

20 day before the date of enactment of the ISTEA

21 Integrity Restoration Act) of’’; and

22 (B) in subsection (b)—

23 (i) in paragraph (1)(A)—
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1 (I) in clause (i), by striking ‘‘sec2 tion 104(b)(5)(A)’’ and inserting ‘‘sec3 tion 104(b)(5)(A) (as in effect on the

4 day before the date of enactment of

5 the ISTEA Integrity Restoration

6 Act)’’; and

7 (II) in clause (ii), by striking

8 ‘‘section 104(b)(5)(B)’’ and inserting

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

10 the day before the date of enactment

11 of the ISTEA Integrity Restoration

12 Act)’’;

13 (ii) in paragraph (3)—

14 (I) in subparagraph (A), by strik15 ing ‘‘section 104(b)(5)(A)’’ and insert16 ing ‘‘section 104(b)(5)(A) (as in effect

17 on the day before the date of enact18 ment of the ISTEA Integrity Restora19 tion Act)’’;

20 (II) in subparagraph (B), by

21 striking ‘‘(5)(B)’’ and inserting

22 ‘‘(5)(B) (as in effect on the day before

23 the date of enactment of the ISTEA

24 Integrity Restoration Act)’’; and
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1 (III) in the last sentence, by

2 striking ‘‘section 104(b)(5)’’ and in3 serting ‘‘section 104(b)(5) (as in ef4 fect on the day before the date of en5 actment of the ISTEA Integrity Res6 toration Act)’’; and

7 (iii) in paragraph (4), by striking

8 ‘‘section 104(b)(5)’’ and inserting ‘‘section

9 104(b)(5) (as in effect on the day before

10 the date of enactment of the ISTEA Integ11 rity Restoration Act)’’.

12 (10) Section 161(a) of title 23, United States

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

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

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

16 104(b)’’.

17 (11) Section 1009 of the Intermodal Surface

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

19 119 note; 105 Stat. 1933) is amended by striking

20 subsection (c).

21 (12) Section 31314 of title 49, United States

22 Code, is amended—

23 (A) in subsections (a) and (b), by striking

24 ‘‘(5),’’ each place it appears and inserting ‘‘(5)
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1 (as in effect on the day before the date of en2 actment of the ISTEA Integrity Restoration

3 Act),’’;

4 (B) in subsection (c)(1)(A), by inserting

5 ‘‘(as in effect on the day before the date of en6 actment of the ISTEA Integrity Restoration

7 Act)’’ after ‘‘section 104(b)(5)(B) of title 23’’;

8 and

9 (C) in each of subsections (d)(2) and (e),

10 by inserting ‘‘(as in effect on the day before the

11 date of enactment of the ISTEA Integrity Res12 toration Act)’’ after ‘‘section 104(b)(5) of title

13 23’’.

14 SEC. 6. STREAMLINED SURFACE TRANSPORTATION PRO15 GRAM.

16 (a) IN GENERAL.—Section 133 of title 23, United

17 States Code, is amended—

18 (1) in subsection (b)—

19 (A) in paragraph (1), by striking ‘‘bridges

20 (including bridges on public roads of all func21 tional classifications),’’ and inserting ‘‘bridges

22 on the Federal-aid system and bridges off the

23 Federal-aid system,’’; and

24 (B) by adding at the end the following:
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1 ‘‘(12) With respect to each area of a State that

2 is a nonattainment area under the Clean Air Act (42

3 U.S.C. 7401 et seq.) for ozone or carbon monoxide,

4 or for particulate matter with an aerodynamic diam5 eter smaller than or equal to 10 micrometers (known

6 as ‘PM–10’) resulting from transportation activities,

7 or for any combination of these substances, for any

8 congestion mitigation and air quality improvement

9 project or program without regard to any limitation

10 of the Department of Transportation relating to the

11 type of ambient air quality standard addressed by

12 the project or program.’’;

13 (2) in subsection (c), by striking ‘‘unless such

14 roads are on a Federal-aid highway system on Janu15 ary 1, 1991, and’’;

16 (3) in subsection (d)—

17 (A) by striking paragraphs (1) and (2);

18 (B) by redesignating paragraphs (3)

19 through (5) as paragraphs (1) through (3), re20 spectively;

21 (C) in paragraph (1) (as so redesig22 nated)—

23 (i) by striking subparagraph (A) and

24 inserting the following:
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1 ‘‘(A) GENERAL RULE.—Except as provided

2 in subparagraph (C), for each fiscal year, a

3 State shall allocate for use in each area of the

4 State with an urbanized area population of over

5 200,000 persons an amount of the funds avail6 able for obligation under section 104(b)(3) for

7 the fiscal year determined by multiplying—

8 ‘‘(i) the amount of funds required to

9 be allocated for use in the areas under the

10 Intermodal Surface Transportation Effi11 ciency Act of 1991 (Public Law 102–240)

12 for fiscal year 1997; by

13 ‘‘(ii) the amount determined by divid14 ing—

15 ‘‘(I) the highway funds of the

16 State for the fiscal year; by

17 ‘‘(II) the highway funds of the

18 State for fiscal year 1997.’’;

19 (ii) in subparagraph (B), by striking

20 ‘‘subparagraph (A)(ii)’’ and inserting ‘‘this

21 section’’;

22 (iii) by striking subparagraph (C) and

23 inserting the following:
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1 ‘‘(C) SPECIAL RULE FOR CERTAIN

2 STATES.—Subparagraph (A) shall not apply in

3 the case of a State—

4 ‘‘(i) in which greater than 80 percent

5 of the population of the State is located in

6 1 or more metropolitan statistical areas

7 and greater than 80 percent of the land

8 area of the State is owned by the United

9 States; or

10 ‘‘(ii) that is noncontiguous with the

11 continental United States.’’;

12 (iv) by striking subparagraph (D);

13 (v) by redesignating subparagraph (E)

14 as subparagraph (D); and

15 (vi) in subparagraph (D) (as so redes16 ignated)—

17 (I) by striking ‘‘obligate’’ each

18 place it appears and inserting ‘‘allo19 cate’’;

20 (II) by striking ‘‘(A)(i)’’ each

21 place it appears and inserting ‘‘(A)’’;

22 and

23 (III) by striking ‘‘obligated’’ and

24 inserting ‘‘allocated’’; and
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1 (D) in paragraph (3)(A) (as redesignated

2 by subparagraph (B)), by striking ‘‘funded

3 from the allocation required under paragraph

4 (2)’’;

5 (4) in subsection (e)—

6 (A) by striking paragraph (1);

7 (B) by redesignating paragraphs (2)

8 through (5) as paragraphs (1) through (4), re9 spectively;

10 (C) by striking paragraph (1) (as so redes11 ignated) and inserting the following:

12 ‘‘(1) CERTIFICATION.—

13 ‘‘(A) IN GENERAL.—Before the beginning

14 of each fiscal year, to be eligible for payments

15 under this section, the Governor of each

16 State—

17 ‘‘(i) shall certify to the Secretary that

18 the State will meet all the requirements of

19 this section; and

20 ‘‘(ii) shall notify the Secretary that

21 the amount of obligations expected to be

22 incurred for each surface transportation

23 program project during the fiscal year is in

24 accordance with each survey, plan, speci25 fication, and estimate for the proposed
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1 project as included in the surface transpor2 tation program category in the transpor3 tation improvement program of the State

4 developed under section 135(f) for the fis5 cal year.

6 ‘‘(B) ADJUSTMENTS.—A State may re7 quest an adjustment to an obligation amount

8 referred to in subparagraph (A)(ii) later in the

9 fiscal year.

10 ‘‘(C) EFFECT OF ACCEPTANCE.—Accept11 ance by the Secretary of the notification and

12 certification under subparagraph (A) shall be

13 deemed to be acceptance by the United States

14 of a contractual obligation to pay the Federal

15 share of surface transportation program costs

16 incurred by the State for projects not subject to

17 review by the Secretary under this chapter.’’;

18 (D) by striking paragraph (2) (as so redes19 ignated) and inserting the following:

20 ‘‘(3) PAYMENTS.—The Secretary shall make

21 payments to a State of costs incurred by the State

22 for the surface transportation program in accord23 ance with procedures to be established by the Sec24 retary. Payments shall not exceed the Federal share
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1 of costs incurred as of the date the State requests

2 payments.’’; and

3 (E) in paragraph (4) (as so redesignated)

4 by striking ‘‘funded from the allocation required

5 by subsection (d)(2)’’ each place it appears; and

6 (5) in subsection (f)—

7 (A) by striking ‘‘6-fiscal year period 1992

8 through 1997’’ and inserting ‘‘5-fiscal year pe9 riod 1998 through 2002’’; and

10 (B) by striking ‘‘and highway safety con11 struction’’ each place it appears.

12 (b) APPORTIONMENTS.—Section 104(b) of title 23,

13 United States Code, is amended by striking paragraph (3)

14 and inserting the following:

15 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—

16 For the surface transportation program—

17 ‘‘(A) in the case of a State with an average

18 population density of 20 persons per square

19 mile or fewer, and in the case of a State with

20 a population of 1,500,000 persons or fewer and

21 a land area of 10,000 square miles or less, the

22 greater of—

23 ‘‘(i) a percentage share of apportion24 ments equal to the percentage specified for

25 the State in section 157(d); or
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1 ‘‘(ii) a share determined under sub2 paragraph (B); and

3 ‘‘(B) subject to subparagraph (A), in the

4 case of any State for which the apportionment

5 is not determined under subparagraph (A)(i), a

6 percentage share of the remaining apportion7 ments equal to the percentage of estimated tax

8 payments attributable to highway users in the

9 State paid into the Highway Trust Fund (other

10 than the Mass Transit Account) in the latest

11 fiscal year for which data are available.’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) Section 134(i)(5) of title 23, United States

14 Code, is amended by striking ‘‘section 133(d)(3)’’

15 each place it appears and inserting ‘‘section

16 133(d)(1)’’.

17 (2) Section 5305(e)(2) of title 49, United

18 States Code, is amended in the first sentence by

19 striking ‘‘section 133(d)(3) of title 23’’ and inserting

20 ‘‘section 133(d)(1) of title 23’’.

21 SEC. 7. POPULATION DETERMINATIONS.

22 Section 104 of title 23, United States Code, is

23 amended by adding at the end the following:
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1 ‘‘(k) POPULATION DETERMINATIONS.—For the pur2 poses of paragraphs (1) and (3) of subsection (b), popu3 lation shall be determined on the basis of the most recent

4 estimates prepared by the Secretary of Commerce.’’.

5 SEC. 8. HIGHWAY BRIDGE REPLACEMENT AND REHABILI6 TATION ACTIVITIES.

7 (a) REPEAL OF PROGRAM.—Section 144 of title 23,

8 United States Code, is repealed.

9 (b) CONFORMING AMENDMENTS.—

10 (1) The analysis for chapter 1 of title 23, Unit11 ed States Code, is amended by striking the item re12 lating to section 144.

13 (2) Section 104(g) of title 23, United States

14 Code, is amended—

15 (A) in the first sentence, by striking ‘‘,

16 144,’’; and

17 (B) by striking the third and fourth sen18 tences.

19 (3) Section 115 of title 23, United States Code,

20 is amended—

21 (A) in subsection (a)—

22 (i) in the subsection heading, by strik23 ing ‘‘BRIDGE,’’; and

24 (ii) in paragraph (1)(A)(i), by striking

25 ‘‘144,’’; and
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1 (B) in subsection (c), by striking ‘‘144,,’’.

2 (4) Section 120(e) of title 23, United States

3 Code, is amended in the last sentence by striking

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

5 (5) Sections 134(i)(4) and 135(f)(3) of title 23,

6 United States Code, are amended by striking ‘‘pur7 suant to the bridge and Interstate maintenance pro8 grams’’ each place it appears and inserting ‘‘Inter9 state maintenance activities under section 119’’.

10 (6) Section 140(b) of title 23, United States

11 Code, is amended in the last sentence by striking

12 ‘‘and the bridge program under section 144’’.

13 (7) Section 151(d) of title 23, United States

14 Code, is amended by striking ‘‘section 104(a), sec15 tion 307(a), and section 144 of this title’’ and in16 serting ‘‘sections 104(a) and 307(a)’’.

17 (8) Section 204(c) of title 23, United States

18 Code, is amended in the first sentence by striking

19 ‘‘or section 144 of this title’’.

20 (9) Section 303(g) of title 23, United States

21 Code, is amended by striking ‘‘and funds appor22 tioned under section 144 of this title for developing

23 and establishing the bridge management system re24 quired by this section’’.
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1 (10) Section 307 of title 23, United States

2 Code, is amended—

3 (A) in subsection (c)(1), by striking ‘‘sec4 tions 104 and 144 of this title’’ and inserting

5 ‘‘section 104’’; and

6 (B) in the second sentence of subsection

7 (e)(4)(A), by striking ‘‘which are being replaced

8 or rehabilitated under section 144 of this title’’.

9 (11) Section 409 of title 23, United States

10 Code, is amended by striking ‘‘, 144,’’.

11 SEC. 9. CONGESTION MITIGATION AND AIR QUALITY IM12 PROVEMENT ACTIVITIES.

13 (a) ELIMINATION OF APPORTIONMENTS.—Section

14 104(b) of title 23, United States Code, is amended by

15 striking paragraph (2).

16 (b) REPEAL OF PROGRAM.—Section 149 of title 23,

17 United States Code, is repealed.

18 (c) CONFORMING AMENDMENTS.—

19 (1) The analysis for chapter 1 of title 23, Unit20 ed States Code, is amended by striking the item re21 lating to section 149.

22 (2) Section 104 of title 23, United States Code,

23 is amended in the first sentence of subsection (a),
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1 and in the matter preceding paragraph (1) of sub2 section (b), by striking ‘‘, the congestion mitigation

3 and air quality improvement program,’’.

4 (3) Section 115(a) of title 23, United States

5 Code, is amended—

6 (A) in the subsection heading, by striking

7 ‘‘CONGESTION MITIGATION AND AIR QUALITY

8 IMPROVEMENT,’’; and

9 (B) in paragraph (1)(A)(i), by striking

10 ‘‘104(b)(2),’’.

11 (4) Section 117(e) of title 23, United States

12 Code, is amended by striking ‘‘section 133, and sec13 tion 149’’ and inserting ‘‘or section 133’’.

14 (5) Section 217 of title 23, United States Code,

15 is amended—

16 (A) in subsection (a)—

17 (i) in the subsection heading, by strik18 ing ‘‘STP AND CONGESTION MITIGATION

19 PROGRAM’’ and inserting ‘‘SURFACE

20 TRANSPORTATION PROGRAM’’; and

21 (ii) by striking ‘‘sections 104(b)(2)

22 and 104(b)(3) of this title’’ and inserting

23 ‘‘section 104(b)(3)’’; and
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1 (B) in subsection (d), by striking ‘‘sections

2 104(b)(2) and 104(b)(3) of this title’’ and in3 serting ‘‘section 104(b)(3)’’.

4 (6) Section 303(g) of title 23, United States

5 Code, is amended by striking ‘‘, (b)(2),’’.

6 (7) Section 31314 of title 49, United States

7 Code, is amended by striking ‘‘(2),’’ each place it ap8 pears and inserting ‘‘(2) (as in effect on the day be9 fore the date of enactment of the ISTEA Integrity

10 Restoration Act),’’.

11 (8) Section 355(c) of the National Highway

12 System Designation Act of 1995 (Public Law 104–

13 59; 109 Stat. 624) is amended by striking ‘‘(b)(2),’’

14 and inserting ‘‘(b)(2) (as in effect on the day before

15 the date of enactment of the ISTEA Integrity Res16 toration Act and in the case of succeeding fiscal

17 years 1996 and 1997),’’.

18 SEC. 10. APPORTIONMENT ADJUSTMENT PROGRAM.

19 (a) IN GENERAL.—

20 (1) PROGRAM.—Section 157 of title 23, United

21 States Code, is amended to read as follows:

22 ‘‘§ 157. Apportionment adjustment program

23 ‘‘(a) IN GENERAL.—On October 1 (or as soon as

24 practicable thereafter) of fiscal year 1998 and each fiscal

25 year thereafter, the Secretary shall apportion among the
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1 States additional amounts sufficient to ensure that the

2 ratio of the highway funds of the State to the highway

3 funds of all States for the fiscal year is not less than the

4 percentage specified for the State in subsection (d).

5 ‘‘(b) ADDITIONAL APPORTIONMENTS.—In addition to

6 any amount required to be apportioned by subsection (a)

7 for a fiscal year, a State shall receive additional apportion8 ments so that each State’s percentage of highway funds

9 for the fiscal year is not less than 95 percent of the per10 centage of estimated tax payments attributable to highway

11 users in the State paid into the Highway Trust Fund

12 (other than the Mass Transit Account) in the latest fiscal

13 year for which data are available.

14 ‘‘(c) REQUIREMENT.—

15 ‘‘(1) IN GENERAL.—Any increase in apportion16 ments necessary to comply with subsection (a) or (b)

17 shall be carried out so that the ratio of—

18 ‘‘(A) the highway funds of each State with

19 an average population density of 20 persons per

20 square mile or fewer and each State with a pop21 ulation of 1,500,000 persons or fewer and a

22 land area of 10,000 square miles or less; to

23 ‘‘(B) the highway funds of all States;

24 for the fiscal year is not less than the percentage

25 share specified for the State in subsection (d).
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1 ‘‘(2) POPULATION DETERMINATIONS.—For the

2 purpose of this subsection, population shall be deter3 mined on the basis of the most recent estimates pre4 pared by the Secretary of Commerce.

5 ‘‘(d) STATE PERCENTAGES.—The percentage re6 ferred to in subsection (a) for each State shall be deter7 mined in accordance with the following table:

‘‘States: Adjustment percentage

Alabama ....................................................................................... 2.02

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

Arizona ......................................................................................... 1.68

Arkansas ...................................................................................... 1.32

California ..................................................................................... 9.81

Colorado ....................................................................................... 1.23

Connecticut .................................................................................. 1.00

Delaware ...................................................................................... 0.40

District of Columbia .................................................................... 0.52

Florida ......................................................................................... 4.77

Georgia ......................................................................................... 3.60

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

Idaho ............................................................................................ 0.70

Illinois .......................................................................................... 3.71

Indiana ......................................................................................... 2.63

Iowa ............................................................................................. 1.13

Kansas ......................................................................................... 1.10

Kentucky ...................................................................................... 1.91

Louisiana ..................................................................................... 1.63

Maine ........................................................................................... 0.50

Maryland ...................................................................................... 1.64

Massachusetts .............................................................................. 1.68

Michigan ...................................................................................... 3.34

Minnesota ..................................................................................... 1.56

Mississippi .................................................................................... 1.23

Missouri ....................................................................................... 2.45

Montana ....................................................................................... 0.95

Nebraska ...................................................................................... 0.73

Nevada ......................................................................................... 0.67

New Hampshire ........................................................................... 0.48

New Jersey .................................................................................. 2.28

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

New York ..................................................................................... 4.27

North Carolina ............................................................................. 2.83

North Dakota ............................................................................... 0.63

Ohio ............................................................................................. 3.77

Oklahoma ..................................................................................... 1.55

Oregon ......................................................................................... 1.23

Pennsylvania ................................................................................ 4.12
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‘‘States: Adjustment percentage

Puerto Rico .................................................................................. 0.50

Rhode Island ................................................................................ 0.55

South Carolina ............................................................................. 1.63

South Dakota ............................................................................... 0.70

Tennessee ..................................................................................... 2.30

Texas ............................................................................................ 7.21

Utah ............................................................................................. 0.71

Vermont ....................................................................................... 0.43

Virginia ........................................................................................ 2.61

Washington .................................................................................. 1.75

West Virginia ............................................................................... 0.76

Wisconsin ..................................................................................... 1.91

Wyoming ...................................................................................... 0.66

1 ‘‘(e) TERMS AND CONDITIONS.—Amounts appor2 tioned in accordance with subsections (a) and (b)—

3 ‘‘(1) shall be available for obligation, when allo4 cated, for the year authorized and the 3 following

5 fiscal years;

6 ‘‘(2) shall be subject to this title; and

7 ‘‘(3) may be obligated for National Highway

8 System projects under section 103, surface transpor9 tation program projects under section 133, or any

10 other purpose authorized under this title.

11 ‘‘(f) APPORTIONMENTS.—There are authorized to be

12 appropriated out of the Highway Trust Fund (other than

13 the Mass Transit Account) to carry out this section such

14 sums as are necessary for fiscal year 1998 and each fiscal

15 year thereafter.’’.

16 (2) CONFORMING AMENDMENT.—The analysis

17 for chapter 1 of title 23, United States Code, is
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1 amended by striking the item relating to section 157

2 and inserting the following:

‘‘157. Apportionment adjustment program.’’.

3 (b) REPEAL OF REIMBURSEMENT FOR SEGMENTS OF

4 THE INTERSTATE SYSTEM CONSTRUCTED WITHOUT FED5 ERAL ASSISTANCE.—

6 (1) IN GENERAL.—Section 160 of title 23,

7 United States Code, is repealed.

8 (2) CONFORMING AMENDMENT.—The analysis

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

10 amended by striking the item relating to section

11 160.

12 SEC. 11. REPEAL OF SET-ASIDES FOR DISCRETIONARY PRO13 GRAMS.

14 Section 118 of title 23, United States Code, is

15 amended—

16 (1) by striking subsection (c); and

17 (2) by redesignating subsections (d), (e), and

18 (f) as subsections (c), (d), and (e), respectively.

19 SEC. 12. TECHNICAL CORRECTION TO PROGRAM ADMINIS20 TRATION SET-ASIDE.

21 Section 104(a) of title 23, United States Code, is

22 amended in the first sentence by striking ‘‘not to exceed

33 23 ⁄4 per centum’’ and inserting ‘‘not to exceed 2.35 per24 cent’’.
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1 SEC. 13. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOB2 LIGATED BALANCES.

3 (a) IN GENERAL.—This Act and the amendments

4 made by this Act shall take effect on the date of enactment

5 of this Act.

6 (b) APPLICABILITY.—This Act and the amendments

7 made by this Act—

8 (1) except as otherwise specifically provided,

9 shall apply to funds authorized to be appropriated or

10 made available after September 30, 1997; and

11 (2) except as otherwise provided in subsection

12 (c), shall not apply to funds appropriated or made

13 available on or before September 30, 1997.

14 (c) UNOBLIGATED BALANCES.—

15 (1) IN GENERAL.—Unobligated balances of

16 funds apportioned to a State under sections

17 104(b)(2), 104(b)(4), 104(b)(5), 144(e), and 157 of

18 title 23, United States Code, and sections 1013(c),

19 1069, and 1103 through 1108 of the Intermodal

20 Surface Transportation Efficiency Act of 1991

21 (Public Law 102–240) before October 1, 1997, shall

22 be available for obligation in the State under the law

23 (including regulations, policies, and procedures) re24 lating to the obligation and expenditure of the funds

25 in effect on September 30, 1997.

26 (2) TRANSFERABILITY.—
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1 (A) CONGESTION MITIGATION AND AIR

2 QUALITY IMPROVEMENT PROGRAM.—A State

3 may transfer unobligated balances of funds ap4 portioned to the State before October 1, 1997,

5 for the congestion mitigation and air quality

6 improvement program under section 104(b)(2)

7 of title 23, United States Code (as in effect on

8 the day before the date of enactment of this

9 Act) to the apportionment of the State under

10 section 104(b)(3) of title 23, United States

11 Code.

12 (B) INTERSTATE CONSTRUCTION AND

13 INTERSTATE MAINTENANCE PROGRAMS.—A

14 State may transfer unobligated balances of

15 funds apportioned to the State before October

16 1, 1997, for the Interstate construction pro17 gram under section 104(b)(5)(A) of title 23,

18 United States Code (as in effect on the day be19 fore the date of enactment of this Act) or the

20 Interstate maintenance program under section

21 104(b)(5)(B) of title 23, United States Code

22 (as in effect on the day before the date of en23 actment of this Act) to the apportionment of

24 the State under section 104(b)(1) of title 23,

25 United States Code.
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1 (C) BRIDGE REPLACEMENT AND REHA2 BILITATION PROGRAM.—A State may transfer

3 unobligated balances of funds apportioned to

4 the State before October 1, 1997, for the bridge

5 replacement and rehabilitation program under

6 section 144 of title 23, United States Code (as

7 in effect on the day before the date of enact8 ment of this Act) to the apportionment to the

9 State under paragraph (1) or (3) of section

10 104(b) of title 23, United States Code.

11 (D) SURFACE TRANSPORTATION PRO12 GRAM.—A State may transfer unobligated bal13 ances of funds apportioned to the State before

14 October 1, 1997, for the surface transportation

15 program under section 104(b)(3) of title 23,

16 United States Code (as in effect on the day be17 fore the date of enactment of this Act) to the

18 apportionment of the State under section

19 104(b)(3) of title 23, United States Code.

20 (E) APPLICABILITY OF CERTAIN LAWS.—

21 Funds transferred under this paragraph shall

22 be subject to the laws (including regulations,

23 policies, and procedures) relating to the appor24 tionment to which the funds are transferred.

Æ