Union Calendar No. 270
105TH CONGRESS
2D SESSION
H. R. 2400
[Report No. 105–467, Parts I, II, and III]
A BILL
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and
for other purposes.
MARCH 25, 1998
Reported from the Committee on Transportation and In-
frastructure with an amendment, referred to the Com-
mittee on Ways and Means for a period ending not
later than March 27, 1998, for consideration of such
provisions of the bill and amendment reported by the
Committee on Transportation and Infrastructure as
fall within the jurisdiction of that committee pursuant
to clause 1(s), rule X
Referral to the Committee on the Budget extended for a
period ending not later than March 27, 1998
MARCH 27, 1998
Reported from the Committee on Ways and Means with
an amendment
Committee on the Budget discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 270
105TH CONGRESS
2D SESSION
H. R. 2400
[Report No. 105–467, Parts I, II, and III]
To authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 4, 1997
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
the Budget, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
MARCH 25, 1998
Reported from the Committee on Transportation and Infrastructure with an
amendment, referred to the Committee on Ways and Means for a period
ending not later than March 27, 1998, for consideration of such provi-
sions of the bill and amendment reported by the Committee on Transpor-
tation and Infrastructure as fall within the jurisdiction of that committee
pursuant to clause 1(s), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 25, 1998
Referral to the Committee on the Budget extended for a period ending not
later than March 27, 1998
MARCH 27, 1998
Additional sponsors: Mr. BOEHLERT, Mr. BORSKI, Mr. COBLE, Mr. LIPINSKI,
Mr. DUNCAN, Mr. WISE, Mr. EWING, Mr. TRAFICANT, Mr. GILCHREST,
Mr. DEFAZIO, Mr. HORN, Mr. CLEMENT, Mr. FRANKS of New Jersey,
Mr. COSTELLO, Mr. MICA, Mr. POSHARD, Mr. QUINN, Mr. CRAMER, Mrs.
FOWLER, Ms. NORTON, Mr. EHLERS, Mr. NADLER, Mr. BACHUS, Ms.
DANNER, Mr. LATOURETTE, Mr. MENENDEZ, Mrs. KELLY, Mr. CLY-
BURN, Mr. BAKER, Ms. BROWN of Florida, Mr. BASS, Mr. BARCIA of
Michigan, Mr. NEY, Mr. FILNER, Mr. METCALF, Ms. EDDIE BERNICE
JOHNSON of Texas, Mrs. EMERSON, Mr. MASCARA, Mr. PEASE, Mr.
BLUMENAUER, Mr. BLUNT, Mr. SANDLIN, Mr. PITTS, Mr. PASCRELL,
Mr. HUTCHINSON, Mr. JOHNSON of Wisconsin, Mr. COOK, Mr. BOS-
WELL, Mr. COOKSEY, Mr. HOLDEN, Mr. PICKERING, Mr. LAMPSON, Ms.
GRANGER, Mr. FOX of Pennsylvania, Mr. LOBIONDO, Mr. WATTS of
Oklahoma, Mr. MORAN of Kansas, Mr. ACKERMAN, Mr. ANDREWS, Mr.
BEREUTER, Mr. BLAGOJEVICH, Mr. BONIOR, Mr. BURTON of Indiana,
Mr. CAMP, Mr. CONYERS, Mr. DINGELL, Mr. FALEOMAVAEGA, Mr.
FORBES, Mr. FROST, Mr. GEKAS, Mr. GORDON, Mr. HINCHEY, Ms.
HOOLEY of Oregon, Mr. HOUGHTON, Mr. KILDEE, Ms. KILPATRICK, Mr.
KING, Mr. LAFALCE, Mr. LEVIN, Mr. LEWIS of California, Mr. MAN-
ZULLO, Mr. MCHUGH, Mr. MCNULTY, Mr. PALLONE, Mr. PAYNE, Mr.
PETERSON of Pennsylvania, Ms. RIVERS, Mr. ROTHMAN, Mrs. ROUKEMA,
Mr. SCHUMER, Mr. SHIMKUS, Mr. SMITH
of New Jersey, Ms.
STABENOW, Mr. STRICKLAND, Mr. STUPAK, Mr. TOWNS, Mr. UPTON,
Mr. WELLER, Mr. MANTON, Ms. SLAUGHTER, Mr. SMITH of Michigan,
Ms. VELA´ZQUEZ, Mr. WALSH, Mr. LAHOOD, Mr. THOMPSON, Mr. RAN-
GEL, Mr. LEWIS of Kentucky, Mrs. LINDA SMITH of Washington, Mr.
OWENS, Mr. BROWN of California, Mr. EVANS, Mr. TAUZIN, Mr. SCAR-
BOROUGH, Mr. FOSSELLA, and Mr. ROGERS
MARCH 27, 1998
Reported from the Committee on Ways and Means with an amendment
[Insert the part printed in boldface roman]
MARCH 27, 1998
The Committee on the Budget discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill see copy of bill as introduced on September 4, 1997]
A BILL
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Building Efficient Surface Transportation and Equity
Act of 1998’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I—FEDERAL-AID HIGHWAYS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Obligation ceiling.
Sec. 104. Apportionments.
Sec. 105. Interstate maintenance program.
Sec. 106. National Highway System.
Sec. 107. Highway bridge program.
Sec. 108. Surface transportation program.
Sec. 109. Congestion mitigation and air quality improvement program.
Sec. 110. High risk road safety improvement program.
Sec. 111. Minimum allocation.
Sec. 112. Appalachian Development Highway System.
Sec. 113. High cost Interstate System reconstruction and improvement program.
Sec. 114. Recreational trails program.
Sec. 115. National corridor planning and development program.
Sec. 116. Coordinated border infrastructure and safety program.
Sec. 117. Federal lands highways program.
Sec. 118. National scenic byways program.
Sec. 119. Variable pricing pilot program.
Sec. 120. Toll roads, bridges, and tunnels.
Sec. 121. Construction of ferry boats and ferry terminal facilities.
Sec. 122. Highway use tax evasion projects.
Sec. 123. Performance bonus program.
Sec. 124. Metropolitan planning.
Sec. 125. Statewide planning.
Sec. 126. Roadside safety technologies.
Sec. 127. Discretionary program authorizations.
Sec. 128. Woodrow Wilson Memorial Bridge.
Sec. 129. Training.
Sec. 130. Transportation assistance for Olympic cities.
Sec. 131. National Defense Highways.
Sec. 132. Miscellaneous surface transportation programs.
Sec. 133. Eligibility.
Sec. 134. Fiscal, administrative, and other amendments.
Sec. 135. Access of motorcycles.
Sec. 136. Amendments to prior surface transportation authorization laws.
Sec. 137. Bicycle transportation and pedestrian walkways.
Sec. 138. Hazard elimination program.
Sec. 139. Project administration.
Sec. 140. Contracting for engineering and design services.
Sec. 141. Commercial motor vehicle study.
Sec. 142. New York Avenue Transportation Development Authority.
Sec. 143. Definitions.
TITLE II—HIGHWAY SAFETY
Sec. 201. Amendments to title 23, United States Code.
Sec. 202. Highway safety programs.
Sec. 203. Highway safety research and development.
Sec. 204. Occupant protection incentive grants.
Sec. 205. Alcohol-impaired driving countermeasures.
Sec. 206. State highway safety data improvements.
Sec. 207. National Driver Register.
Sec. 208. Safety studies.
Sec. 209. Effectiveness of laws establishing maximum blood alcohol concentra-
tions.
Sec. 210. Authorizations of appropriations.
Sec. 211. Transportation injury research.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 301. Amendments to title 49, United States Code.
Sec. 302. Definitions.
Sec. 303. Metropolitan planning.
Sec. 304. Transportation improvement program.
Sec. 305. Transportation management areas.
Sec. 306. Urbanized area formula grants.
Sec. 307. Mass Transit Account block grants.
Sec. 308. Capital program grants and loans.
Sec. 309. Dollar value of mobility improvements.
Sec. 310. Formula grants and loans for special needs of elderly individuals and
individuals with disabilities.
Sec. 311. Formula program for other than urbanized areas.
Sec. 312. Research, development, demonstration, and training projects.
Sec. 313. National planning and research programs.
Sec. 314. National transit institute.
Sec. 315. University research institutes.
Sec. 316. Transportation centers.
Sec. 317. Bus testing facilities.
Sec. 318. Bicycle facilities.
Sec. 319. General provisions on assistance.
Sec. 320. Contract requirements.
Sec. 321. Special procurements.
Sec. 322. Project management oversight and review.
Sec. 323. Study on alcohol and controlled substances random testing rate calcula-
tion.
Sec. 324. Administrative procedures.
Sec. 325. Reports and audits.
Sec. 326. Apportionment of appropriations for formula grants.
Sec. 327. Apportionment of appropriations for fixed guideway modernization.
Sec. 328. Authorizations.
Sec. 329. Obligation ceiling.
Sec. 330. Access to jobs challenge grant pilot program.
Sec. 331. Adjustments for the Surface Transportation Extension Act of 1997.
Sec. 332. Projects for new fixed guideway systems and extensions to existing sys-
tems.
Sec. 333. Projects for bus and bus-related facilities.
Sec. 334. Project management oversight.
Sec. 335. Privatization.
Sec. 336. School transportation safety.
Sec. 337. Urbanized area formula study.
Sec. 338. Coordinated transportation services.
Sec. 339. Final assembly of buses.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 401. Amendments to title 49, United States Code.
Sec. 402. State grants.
Sec. 403. Information systems.
Sec. 404. Automobile transporter defined.
Sec. 405. Inspections and reports.
Sec. 406. Exemptions and pilot programs.
Sec. 407. Safety regulation.
Sec. 408. Improved interstate school bus safety.
Sec. 409. Repeal of certain obsolete miscellaneous authorities.
Sec. 410. Commercial vehicle operators.
Sec. 411. Interim border safety improvement program.
Sec. 412. Vehicle weight enforcement.
Sec. 413. Participation in international registration plan and international fuel
tax agreement.
Sec. 414. Telephone hotline for reporting safety violations.
Sec. 415. Insulin treated diabetes mellitus.
Sec. 416. Performance-based CDL testing.
Sec. 417. Postaccident alcohol testing.
Sec. 418. Driver fatigue.
Sec. 419. Safety fitness.
Sec. 420. Hazardous materials transportation regulation and farm service vehi-
cles.
Sec. 421. Truck trailer conspicuity.
Sec. 422. DOT implementation plan.
TITLE V—PROGRAMMATIC REFORMS AND STREAMLINING
Sec. 501. Project approval and oversight.
Sec. 502. Environmental streamlining.
Sec. 503. Major investment study integration.
Sec. 504. Financial plan.
Sec. 505. Uniform transferability of Federal-aid highway funds.
Sec. 506. Discretionary grant selection criteria and process.
Sec. 507. Elimination of regional office responsibilities.
Sec. 508. Authority for Congress to make midcourse corrections to the highway
and transit programs.
TITLE VI—TRANSPORTATION RESEARCH
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Applicability of title 23.
Sec. 603. Transfers of funds.
Subtitle A—Surface Transportation Research, Technology, and Education
PART I—HIGHWAY RESEARCH
Sec. 611. Research.
Sec. 612. State planning and research.
Sec. 613. International highway transportation outreach program.
PART II—TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND
TECHNOLOGY DEPLOYMENT
Sec. 621. National Highway Institute.
Sec. 622. National technology deployment initiative.
Sec. 623. Education and training programs.
Sec. 624. University transportation research.
Sec. 625. Funding allocations.
PART III—BUREAU OF TRANSPORTATION STATISTICS AND MISCELLANEOUS
PROGRAMS
Sec. 631. Bureau of Transportation Statistics.
Sec. 632. Transportation technology innovation and demonstration program.
Subtitle B—Intelligent Transportation Systems
Sec. 651. Definitions.
Sec. 652. Scope of program.
Sec. 653. General authorities and requirements.
Sec. 654. National ITS program plan.
Sec. 655. Technical assistance, planning, research, and operational tests.
Sec. 656. ITS deployment.
Sec. 657. Funding allocations.
Sec. 658. Global positioning satellite data.
Sec. 659. Repeal.
TITLE VII—TRUTH IN BUDGETING
Sec. 701. Budgetary treatment of Highway Trust Fund.
Sec. 702. Applicability.
TITLE VIII—RECREATIONAL BOATING SAFETY PROGRAM
Sec. 801. Short title.
Sec. 802. Amendments relating to recreational boating safety program.
TITLE IX—RAILROADS
Sec. 901. High-speed rail.
Sec. 902. Light density rail line pilot projects.
Sec. 903. Miami-Orlando-Tampa corridor project.
Sec. 904. Alaska Railroad.
Sec. 905. Railway-highway crossing hazard elimination in high speed rail cor-
ridors.
Sec. 906. Railroad rehabilitation and improvement financing.
TITLE X—CONDITIONS FOR IMPLEMENTATION OF FUNDING
Sec. 1001. Conditions for implementation of funding.
TITLE XI—REVENUES
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) INTERSTATE SYSTEM.—The term ‘‘Interstate
System’’ has the meaning such term has under section
101 of title 23, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 3. SAVINGS CLAUSE.
Except as otherwise provided in this Act, an amend-
ment made by this Act shall not affect any funds appor-
tioned or allocated before the date of the enactment of this
Act.
TITLE I—FEDERAL-AID
HIGHWAYS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title and title V an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
other provision of law, the reference shall be considered to
be made to a section or other provision of title 23, United
States Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized
to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM.—For
the Interstate maintenance program under section
119 of title 23, United States Code, $4,019,500,000
for fiscal year 1998, $4,462,600,000 for fiscal year
1999, and $5,006,200,000 for each of fiscal years 2000
through 2003.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of such
title 
$4,978,500,000 
for 
fiscal 
year 
1998,
$5,520,500,000 
for 
fiscal 
year 
1999, 
and
$6,186,500,000 for each of fiscal years 2000 through
2003.
(3) BRIDGE PROGRAM.—For the bridge program
under section 144 of such title $3,777,600,000 for fis-
cal year 1998, $4,194,000,000 for fiscal year 1999,
and $4,704,800,000 for each of fiscal years 2000
through 2003.
(4) SURFACE TRANSPORTATION PROGRAM.—For
the surface transportation program under section 133
of such title $5,601,400,000 for fiscal year 1998,
$6,218,900,000 
for 
fiscal 
year 
1999, 
and
$6,976,300,000 for each of fiscal years 2000 through
2003.
(5) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion mitiga-
tion and air quality improvement program under sec-
tion 149 of such title $1,406,800,000 for fiscal year
1998, $1,561,900,000 for fiscal year 1999, and
$1,752,200,000 for each of fiscal years 2000 through
2003.
(6) HIGH
RISK
ROAD
SAFETY
IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program under section 154 of such title
$750,000,000 for fiscal year 1998, $1,000,000,000 for
fiscal year 1999, and $1,000,000,000 for each of fiscal
years 2000 through 2003.
(7) HIGH
COST
INTERSTATE
SYSTEM
RECON-
STRUCTION
AND
IMPROVEMENT
PROGRAM.—For the
high cost Interstate System reconstruction and im-
provement program under section 160 of such title
$265,000,000 for fiscal year 1998, $512,500,000 for
fiscal year 1999, $920,000,000 for fiscal year 2000,
$923,000,000 for fiscal year 2001, $922,000,000 for
fiscal year 2002, and $1,067,000,000 for fiscal year
2003.
(8) DISCRETIONARY PROGRAMS.—For executive
and legislative branch discretionary programs re-
ferred to in section 127 of this Act (including amend-
ments made by such section) $1,622,400,000 for fiscal
year 1998, $2,215,300,000 for fiscal year 1999,
$2,563,600,000 for fiscal year 2000, $2,563,600,000
for fiscal year 2001, $2,657,600,000 for fiscal year
2002, and $2,657,600,000 for fiscal year 2003.
(9) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM
PROGRAM.—For the Appalachian development
highway system program under section 201 of the Ap-
palachian Regional Development Act of 1965 (40
U.S.C. App.) $250,000,000 for fiscal year 1998,
$400,000,000 for fiscal year 1999, and $400,000,000
for each of fiscal years 2000 through 2003.
(10) RECREATIONAL TRAILS PROGRAM.—For the
recreational trails program under section 206 of such
title $30,000,000 for fiscal year 1998, $40,000,000 for
fiscal year 1999, and $50,000,000 for each of fiscal
years 2000 through 2003.
(11) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For In-
dian reservation roads under section 204 of such
title 
$194,000,000 
for 
fiscal 
year 
1998,
$200,000,000 
for 
fiscal 
year 
1999, 
and
$212,000,000 for each of fiscal years 2000
through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For public
lands highways under section 204 of such title
$58,000,000 for fiscal year 1998, $60,000,000 for
fiscal year 1999, and $60,000,000 for each of fis-
cal years 2000 through 2003.
(C) PARKWAYS AND PARK HIGHWAYS.—For
parkways and park highways under section 204
of such title $85,300,000 for fiscal year 1998,
$86,200,000 
for 
fiscal 
year 
1999, 
and
$99,000,000 for each of fiscal years 2000 through
2003.
(D) FOREST HIGHWAYS.—For forest high-
ways 
under 
section 
204 
of 
such 
title
$113,500,000 for fiscal year 1998, $130,000,000
for fiscal year 1999, and $130,000,000 for each
of fiscal years 2000 through 2003.
(12) HIGHWAY USE TAX EVASION PROJECTS.—
For highway use tax evasion projects under section
1040 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 101 note; 105 Stat.
1992) 
$5,000,000 
for 
fiscal 
year 
1998 
and
$10,000,000 for each of fiscal years 1999 through
2003.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that
the Secretary determines otherwise, not less than 10
percent of the amounts authorized to be appropriated
under titles I, III, and VI of this Act shall be ex-
pended with small business concerns owned and con-
trolled by socially and economically disadvantaged
individuals.
(2) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this section limits the eligibility of an entity
or person to receive funds made available under titles
I, III, and VI of this Act, if the entity or person is
prevented, in whole or in part, from complying with
paragraph (1) because a Federal court issues a final
order in which the court finds that the requirement
of paragraph (1), or the program established under
paragraph (1), is unconstitutional.
(3) REVIEW BY COMPTROLLER GENERAL.—Not
later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States
shall conduct a review of, and publish and report to
Congress findings and conclusions on, the impact
throughout the United States of administering the re-
quirement of paragraph (1), including an analysis
of—
(A) in the case of small business concerns
owned and controlled by socially and economi-
cally disadvantaged individuals—
(i) the number of the small business
concerns; and
(ii) the participation rates of the small
business concerns in prime contracts and
subcontracts funded under titles I, III, and
VI of this Act;
(B) in the case of small business concerns
described in subparagraph (A) that receive prime
contracts and subcontracts funded under titles I,
III, and VI of this Act—
(i) the number of the small business
concerns;
(ii) the annual gross receipts of the
small business concerns; and
(iii) the net worth of socially and eco-
nomically disadvantaged individuals that
own and control the small business con-
cerns;
(C) in the case of small business concerns
described in subparagraph (A) that do not re-
ceive prime contracts and subcontracts funded
under titles I, III, and VI of this Act—
(i) the annual gross receipts of the
small business concerns; and
(ii) the net worth of socially and eco-
nomically disadvantaged individuals that
own and control the small business con-
cerns;
(D) in the case of business concerns that re-
ceive prime contracts and subcontracts funded
under titles I, III, and VI of this Act, other than
small business concerns described in subpara-
graph (B)—
(i) the annual gross receipts of the
business concerns; and
(ii) the net worth of individuals that
own and control the business concerns;
(E) the rate of graduation from any pro-
grams carried out to comply with the require-
ment of paragraph (1) for small business con-
cerns owned and controlled by socially and eco-
nomically disadvantaged individuals;
(F) the overall cost of administering the re-
quirement of paragraph (1), including adminis-
trative costs, certification costs, additional con-
struction costs, and litigation costs;
(G) any discrimination, on the basis of
race, color, national origin, or sex, against small
business concerns owned and controlled by so-
cially and economically disadvantaged individ-
uals;
(H)(i) any other factors limiting the ability
of small business concerns owned and controlled
by socially and economically disadvantaged in-
dividuals to compete for prime contracts and
subcontracts funded under titles I, III, and VI of
this Act; and
(ii) the extent to which any of those factors
are caused, in whole or in part, by discrimina-
tion based on race, color, national origin, or sex;
(I) any discrimination, on the basis of race,
color, national origin, or sex, against construc-
tion companies owned and controlled by socially
and economically disadvantaged individuals in
public and private transportation contracting
and the financial, credit, insurance, and bond
markets;
(J) the impact on small business concerns
owned and controlled by socially and economi-
cally disadvantaged individuals of—
(i) the issuance of a final order de-
scribed in paragraph (2) by a Federal court
that suspends a program established under
paragraph (1); or
(ii) the repeal or suspension of State or
local disadvantaged business enterprise pro-
grams; and
(K) the impact of the requirement of para-
graph (1), and any program carried out to com-
ply with paragraph (1), on competition and the
creation of jobs, including the creation of jobs for
socially and economically disadvantaged indi-
viduals.
(4) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
(A) SMALL BUSINESS CONCERN.—The term
‘‘small business concern’’ has the meaning such
term has under section 3 of the Small Business
Act (15 U.S.C. 632); except that such term shall
not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals which
has average annual gross receipts over the pre-
ceding 3 fiscal years in excess of $16,600,000, as
adjusted by the Secretary for inflation.
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially
and economically disadvantaged individuals’’
has the meaning such term has under section
8(d) of the Small Business Act (15 U.S.C.
637(d)) and relevant subcontracting regulations
promulgated 
pursuant 
thereto; 
except 
that
women shall be presumed to be socially and eco-
nomically disadvantaged individuals for pur-
poses of this subsection.
SEC. 103. OBLIGATION CEILING.
(a) GENERAL
LIMITATION.—Notwithstanding any
other provision of law, the total of all obligations for Fed-
eral-aid highway programs shall not exceed—
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,300,000,000 for fiscal year 1999; and
(3) $28,400,000,000 for each of fiscal years 2000
through 2003.
(b) EXCEPTIONS.—The limitations under subsection
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States
Code;
(2) under section 157 of such title;
(3) under section 147 of the Surface Transpor-
tation Assistance Act of 1978;
(4) under section 9 of the Federal-Aid Highway
Act of 1981;
(5) under sections 131(b) and 131(j) of the Sur-
face Transportation Assistance Act of 1982;
(6) under sections 149(b) and 149(c) of the Sur-
face Transportation and Uniform Relocation Assist-
ance Act of 1987;
(7) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991; and
(8) under section 104(j) of title 23, United States
Code, relating to high priority projects.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For
each of fiscal years 1998 through 2003, the Secretary
shall—
(1) not distribute amounts authorized for admin-
istrative expenses and programs funded from the ad-
ministrative takedown authorized by section 104(a) of
title 23, United States Code, and amounts authorized
for the highway use tax evasion program and the Bu-
reau of Transportation Statistics;
(2) determine the ratio that—
(A) the obligation limitation imposed by
subsection (a) for such fiscal year less the aggre-
gate of amounts not distributed under paragraph
(1), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway programs
(other than sums authorized to be appropriated
for sections referred to in subsection (b)) for such
fiscal year less the aggregate of amounts not dis-
tributed under paragraph (1);
(3)(A) multiply the ratio determined under
paragraph (2) by the sums authorized to be appro-
priated for such fiscal year for each of the programs
that are allocated by the Secretary under this Act and
title 23, United States Code (other than the rec-
reational trails program and programs to which
paragraph (1) applies);
(B) not distribute such amount for each such
program (other than the recreational trails program
and programs to which paragraph (1) applies); and
(C) in administering such program, allocate
such amount for such program;
(4) distribute the obligation limitation imposed
by subsection (a) less the aggregate of amounts not
distributed under paragraphs (1) and (3) and less
amounts distributed under paragraph (5) by alloca-
tion in the ratio which sums authorized to be appro-
priated for Federal-aid highway programs that are
apportioned or allocated to each State for such fiscal
year and that are subject to the limitation imposed
by subsection (a) bear to the total of the sums author-
ized to be appropriated for Federal-aid highway pro-
grams that are apportioned or allocated for such fis-
cal year and that are subject to the limitation im-
posed by subsection (a); and
(5) distribute any amount determined under
paragraph (3) for the recreational trails program in
accordance with the formula set forth in section
104(h) of title 23, United States Code, for such pro-
gram.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary
shall—
(1) provide all States with authority sufficient to
prevent lapses of sums authorized to be appropriated
for Federal-aid highway programs that have been ap-
portioned to a State; and
(2) after August 1 of each of fiscal years 1998
through 2003 revise a distribution of the obligation
authority made available under subsection (c) if a
State will not obligate the amount distributed during
that fiscal year and redistribute sufficient amounts to
those States able to obligate amounts in addition to
those previously distributed during that fiscal year
giving priority to those States having large unobli-
gated balances of funds apportioned under sections
104 and 144 of title 23, United States Code, under
section 160 of title 23, United States Code (as in ef-
fect on the day before the date of the enactment of this
Act), and under section 1015 of the Intermodal Sur-
face Transportation Act of 1991 (105 Stat. 1943–
1945).
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION RESEARCH PROGRAMS.—Obligation lim-
itations for Federal-aid highways programs established by
subsection (a) shall apply to transportation research pro-
grams carried out under chapter 3 of title 23, United States
Code, and under title VI of this Act.
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—
(1) IN GENERAL.—Not later than 30 days after
the date of the distribution of obligation authority
under subsection (a) for each of fiscal years 1998
through 2003, the Secretary shall distribute to the
States any funds (A) that are authorized to be appro-
priated for such fiscal year for Federal-aid highway
programs (other than the program under section 160
the same ratio as funds are apportioned under section
104(b)(5) of such title. The funds so distributed to a
State shall be credited to the State’s apportionment
under such section 104(b)(5).
SEC. 104. APPORTIONMENTS.
(a) ADMINISTRATIVE TAKEDOWN.—Section 104(a) is
amended to read as follows:
‘‘(a) ADMINISTRATIVE TAKEDOWN.—Whenever an ap-
portionment is made of the sums authorized to be appro-
priated for expenditure on Interstate maintenance, the Na-
tional Highway System, the bridge program, the surface
transportation program, the congestion mitigation and air
quality improvement program, the high risk road safety
program, the high cost Interstate System reconstruction and
improvement program, the national corridor planning and
development program, the border infrastructure and safety
program, and the Federal lands highways program, the Sec-
retary shall deduct a sum, in such amount not to exceed
1 percent of all sums so authorized, as the Secretary may
deem necessary for administering the provisions of law to
be financed from appropriations for the Federal-aid high-
way program. In making such determination, the Secretary
shall take into account the unobligated balance of any sums
deducted for such purposes in prior years. The sums so de-
ducted shall remain available until expended. The Secretary
may not transfer any of such sums to a Federal entity other
than the Federal Highway Administration.’’.
(b) APPORTIONMENTS.—Section 104(b) is amended to
read as follows:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal
year, the Secretary, after making the deduction authorized
by subsection (a) and the set-aside authorized by subsection
(f), shall apportion the remainder of the sums authorized
to be appropriated for expenditure on Interstate mainte-
nance, the National Highway System, the surface transpor-
tation program, the congestion mitigation and air quality
improvement program, and the high risk road safety pro-
gram for that fiscal year, among the several States in the
following manner:
‘‘(1) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System, 1 percent to the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands and the re-
maining 99 percent apportioned as follows:
‘‘(A) In the case of a State with an average
population density of 20 persons or fewer per
square mile, and in the case of a State with a
population of 1,500,000 persons or fewer and
with a land area of 10,000 square miles or less,
the greater of—
‘‘(i) a percentage share of the remain-
ing apportionments equal to the percentage
specified for the State in section 104(h)(1)
of the Building Efficient Surface Transpor-
tation and Equity Act of 1998; or
‘‘(ii) a share determined under sub-
paragraph (B).
‘‘(B) Subject to subparagraph (A), in the
case of any State for which the apportionment is
not determined under subparagraph (A)(i), a
share of the remaining apportionments deter-
mined in accordance with the following formula:
‘‘(i) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural lane
miles in each State bears to the total rural
lane miles in all States for which the ap-
portionment is not determined under sub-
paragraph (A)(i).
‘‘(ii) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural vehi-
cle miles traveled in each State bears to the
total rural vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(iii) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban lane
miles in each State bears to the total urban
lane miles in all States for which the ap-
portionment is not determined under sub-
paragraph (A)(i).
‘‘(iv) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban vehi-
cle miles traveled in each State bears to the
total urban vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(v) 3⁄9 of the remaining apportion-
ments in the ratio that each State’s annual
contributions to the Highway Trust Fund
(other than the Mass Transit Account) at-
tributable to commercial vehicles bear to the
total of such annual contributions by all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(2) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—
‘‘(A) FORMULA.—For the congestion mitiga-
tion and air quality improvement program, in
the ratio which the weighted nonattainment and
maintenance area populations of each State bear
to the total weighted nonattainment and mainte-
nance area population of all States.
‘‘(B) CALCULATION
OF
WEIGHTED
POPU-
LATION.—Such weighted population shall be cal-
culated by multiplying the population of each
area within any State that was a nonattainment
or maintenance area as described in subsection
149(b) for ozone, carbon monoxide, or particulate
matter by a factor of—
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area has been redesignated as
an attainment (maintenance) area under
section 107(d) of the Clean Air Act;
‘‘(ii) 1.1 if, at the time of apportion-
ment, the area is classified as a marginal
ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act;
‘‘(iii) 1.2 if, at the time of apportion-
ment, the area is classified as a moderate
ozone nonattainment area under such sub-
part;
‘‘(iv) 1.3 if, at the time of apportion-
ment, the area is classified as a serious
ozone nonattainment area under such sub-
part;
‘‘(v) 1.4 if, at the time of apportion-
ment, the area is classified as a severe ozone
nonattainment area under such subpart;
‘‘(vi) 1.5 if, at the time of apportion-
ment, the area is classified as an extreme
ozone nonattainment area under such sub-
part; or
‘‘(vii) 1.2. if, at the time of apportion-
ment, the area is not a nonattainment or
maintenance area as described in subsection
149(b) of this title for ozone, but is a non-
attainment area for carbon monoxide or
particulate matter.
‘‘(C) ADDITIONAL
FACTORS.—If the area
was also classified under subpart 3 or 4 of part
D of title I of the Clean Air Act as a nonattain-
ment area described in section 149(b) for carbon
monoxide or particulate matter or both, the
weighted nonattainment area population of the
area, as determined under clauses (i) through
(vi) of subparagraph (B), shall be further multi-
plied by a factor of 1.2. For an area that is a
nonattainment area for both carbon monoxide
and for particulate matter and the area’s weight-
ed population was determined under clause (vii)
of subparagraph (B), the area’s weighted popu-
lation shall be further multiplied by a factor of
1.2. For such areas, the population to which this
factor is applied shall be the larger of the carbon
monoxide and the particulate matter nonattain-
ment area populations.
‘‘(D) MINIMUM APPORTIONMENT.—Notwith-
standing any other provision of this paragraph,
each State shall receive a minimum of 1⁄2 of 1
percent of the funds apportioned under this
paragraph. The Secretary shall use annual esti-
mates prepared by the Secretary of Commerce
when determining population figures.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface trans-
portation program, 2 percent to the State of
Alaska for any purpose described in section
133(b) and the remaining 98 percent appor-
tioned as follows:
‘‘(i) 1⁄3 in the ratio that each State’s
total population bears to the total popu-
lation of all States, using the latest avail-
able annual updates to the Federal decen-
nial census, as prepared by the Secretary of
Commerce.
‘‘(ii) 1⁄3 in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Ac-
count) attributable to commercial vehicles
bear to the total of such annual contribu-
tions by all States.
‘‘(iii) 1⁄3 in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Ac-
count) bear to the total of such annual con-
tributions by all States.
‘‘(B) ADJUSTMENT.—The amount of funds
which, but for this subparagraph, would be ap-
portioned to each State for each fiscal year
under subparagraph (A) shall be increased or de-
creased by an amount which, when added to or
subtracted from the aggregate amount of funds
apportioned or allocated to such State for such
fiscal year for Interstate maintenance, National
Highway System, surface transportation pro-
gram, bridge program, congestion mitigation
and air quality improvement program, high risk
road safety program, recreational trails pro-
gram, Appalachian Development Highway Sys-
tem program, and metropolitan planning will
ensure that the aggregate of such apportionments
to any State that does not contribute to the
Highway Trust Fund does not exceed the aggre-
gate of such apportionments to any State that
does contribute to the Highway Trust Fund.
‘‘(4) HIGH
RISK
ROAD
SAFETY
IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program—
‘‘(A) 1⁄3 in the ratio that each State’s total
population bears to the total population of all
States, using the latest available annual updates
to the Federal decennial census, as prepared by
the Secretary of Commerce;
‘‘(B) 1⁄3 in the ratio that each State’s total
public road mileage bears to the total public
road mileage of all States; and
‘‘(C) 1⁄3 in the ratio that the total vehicle
miles traveled on public roads in each State bear
to the total vehicle miles traveled on public roads
in all States.
‘‘(5) INTERSTATE
MAINTENANCE.—For resur-
facing, restoring, rehabilitating, and reconstructing
the Interstate System—
‘‘(A) 1⁄3 in the ratio that each State’s an-
nual contributions to the Highway Trust Fund
(other than the Mass Transit Account) attrib-
utable to commercial vehicles bear to the total of
such annual contributions by all States;
‘‘(B) 1⁄3 in the ratio that the total vehicle
miles traveled on Interstate routes open to traffic
in each State bear to the total vehicle miles trav-
eled on such routes in all States; and
‘‘(C) 1⁄3 in the ratio that the total lane
miles on such routes in each State bear to the
total lane miles on such routes in all States.’’.
(c) OPERATION LIFESAVER AND HIGH SPEED RAIL
CORRIDORS.—Section 104(d) is amended—
(1) in paragraph (1) by striking ‘‘$300,000’’ and
inserting ‘‘$500,000’’;
(2) 
in 
paragraph 
(2)(A) 
by 
striking
‘‘$5,000,000’’ and inserting ‘‘$5,250,000’’; and
(3) by adding at the end of paragraph (2)(A) the
following: ‘‘Not less than $250,000 of such set-aside
shall be available per fiscal year for eligible improve-
ments to the Minneapolis/St. Paul-Chicago segment of
the Midwest High Speed Rail Corridor.’’.
(d) CERTIFICATION
OF APPORTIONMENTS.—Section
104(e) is amended—
(1) by inserting ‘‘CERTIFICATION OF APPORTION-
MENTS.—’’ after ‘‘(e)’’;
(2) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘On
October 1’’;
(3) by striking the first parenthetical phrase;
(4) by striking ‘‘and research’’ the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
‘‘(2) NOTICE TO STATES.—If the Secretary has
not made an apportionment under section 104, 144,
or 157 of title 23, United States Code, on or before
the 21st of a fiscal year, then the Secretary shall
transmit, on or before such 21st day, to the Commit-
tee on Transportation and Infrastructure of the
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a written
statement of the reason for not making such appor-
tionment in a timely manner.’’; and
(7) by indenting paragraph (1), as designated by
paragraph (2) of this subsection, and aligning such
paragraph (1) with paragraph (2) of such section, as
added by paragraph (6) of this subsection.
(e) METROPOLITAN PLANNING SET-ASIDE.—Section
104(f) is amended—
(1) in paragraph (1) by striking ‘‘Interstate con-
struction and Interstate substitute programs’’ and in-
serting ‘‘recreational trails program’’; and
(2) in paragraph (3) by striking ‘‘120(j) of this
title’’ and inserting ‘‘120(b)’’.
(f) RECREATIONAL TRAILS PROGRAM.—Section 104(h)
of such title is amended to read as follows:
‘‘(h) RECREATIONAL TRAILS PROGRAM.—
‘‘(1) ADMINISTRATIVE COSTS.—Whenever an ap-
portionment is made of the sums authorized to be ap-
propriated to carry out the recreational trails pro-
gram under section 206, the Secretary shall deduct an
amount, not to exceed 3 percent of the sums author-
ized, to cover the cost to the Secretary for administra-
tion of and research and technical assistance under
the recreational trails program and for administra-
tion of the National Recreational Trails Advisory
Committee. The Secretary may enter into contracts
with for-profit organizations or contracts, partner-
ships, or cooperative agreements with other govern-
ment agencies, institutions of higher learning, or non-
profit organizations to perform these tasks.
‘‘(2) APPORTIONMENT
TO
THE
STATES.—After
making the deduction authorized by paragraph (1) of
this subsection, the Secretary shall apportion the re-
mainder of the sums authorized to be appropriated
for expenditure on the recreational trails program for
each fiscal year, among the States in the following
manner:
‘‘(A) 50 percent of that amount shall be ap-
portioned equally among eligible States.
‘‘(B) 50 percent of that amount shall be ap-
portioned among eligible States in amounts pro-
portionate to the degree of non-highway rec-
reational fuel use in each of those States during
the preceding year.’’.
(g) CROSS REFERENCE CORRECTIONS.—
(1) INTERSTATE MAINTENANCE PROGRAM.—Sub-
sections (a), (d), and (f) of section 119 are each
amended by striking ‘‘104(b)(5)(B)’’ each place it ap-
pears and inserting ‘‘104(b)(5)’’.
(2) FRINGE
AND
CORRIDOR
PARKING
FACILI-
TIES.—Section 137(f)(1) is amended by striking ‘‘sec-
tion 104(b)(5)(B) of this title’’ and inserting ‘‘section
104(b)(5)’’.
(3) ADDITIONS TO INTERSTATE SYSTEM.—Sec-
tion 139 is amended by striking ‘‘section 104(b)(5)(B)
of this title’’ each place it appears and inserting ‘‘sec-
tion 104(b)(5)’’.
(4) ACCOMMODATION OF OTHER MODES.—Sec-
tion 
142(c) 
is 
amended 
by 
striking 
‘‘section
104(b)(5)(A)’’ and inserting ‘‘section 104(b)(5)’’.
(5) MINIMUM DRINKING AGES.—Section 158 is
amended—
(A) by striking ‘‘104(b)(2), 104(b)(5), and
104(b)(6)’’ each place it appears in subsection
(a) and inserting ‘‘104(b)(3), and 104(b)(5)’’;
(B) in the heading to subsection (b) is
amended by striking ‘‘PERIOD
OF AVAILABIL-
ITY;’’; and
(C) in subsection (b)—
(i) by striking ‘‘(1)’’ the first place it
appears and all that follows through ‘‘No
funds’’ and inserting ‘‘No funds’’; and
(ii) by striking paragraphs (2), (3),
and (4).
(6) SUSPENSION OF LICENSES OF INDIVIDUALS
CONVICTED OF DRUG OFFENSES.—Section 159(b) is
amended—
(A) by striking ‘‘PERIOD OF AVAILABILITY;’’
in the subsection heading; and
(B) by striking ‘‘(1)’’ the first place it ap-
pears and all that follows through ‘‘No funds’’
and inserting ‘‘No funds’’; and
(C) by striking paragraphs (2), (3), and
(4).
(7) OPERATION OF MOTOR VEHICLES BY INTOXI-
CATED MINORS.—Section 161(a) is amended by strik-
ing ‘‘(B)’’ each place it appears.
(h) STATE PERCENTAGES FOR NATIONAL HIGHWAY
SYSTEM APPORTIONMENTS.—
(1) IN GENERAL.—The percentage referred to in
section 104(b)(1) of title 23, United States Code, for
each State shall be determined 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 .........................................................................................
1.64
Delaware .............................................................................................
0.40
District of Columbia ..........................................................................
0.52
Florida ................................................................................................
4.77
Georgia ................................................................................................
3.60
Hawaii ................................................................................................
0.70
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
States:
Adjustment percentage
New Jersey ..........................................................................................
2.28
New Mexico .........................................................................................
1.05
New York ............................................................................................
4.27
North Carolina ...................................................................................
2.83
North Dakota ......................................................................................
0.76
Ohio .....................................................................................................
3.77
Oklahoma ............................................................................................
1.55
Oregon .................................................................................................
1.23
Pennsylvania ......................................................................................
4.12
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.
(2) ADDITIONAL
RULE.—Any State with lane
miles on the National Highway System totaling be-
tween 3,500 and 4,000 miles shall be treated as a
State 
meeting 
the 
requirements 
of 
section
104(b)(1)(A) of title 23, United States Code, for pur-
poses of such section.
(i) USE OF MOST UP-TO-DATE DATA.—The Secretary
shall use the most up-to-date data available for the latest
fiscal year for the purposes of making apportionments
under this section and section 157 of title 23, United States
Code.
(j) ADJUSTMENTS
FOR
THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 1997.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law and subject to section 2(c) of the
Surface Transportation Extension Act of 1997, the
Secretary shall ensure that the total apportionments
for a State for fiscal year 1998 made under the
Building Efficient Surface Transportation and Eq-
uity Act of 1998 (including amendments made by
such Act) shall be reduced by the amount apportioned
to such State under section 1003(d)(1) of the Inter-
modal Surface Transportation Efficiency Act of 1991.
(2) REPAYMENT OF TRANSFERRED FUNDS.—The
Secretary shall ensure that any apportionments made
to a State for fiscal year 1998 and adjusted under
paragraph (1) shall first be used to restore in accord-
ance with section 3(c) of the Surface Transportation
Extension Act of 1997 any funds that a State trans-
ferred under section 3 of such Act.
(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If a
State has insufficient funds apportioned in fiscal year
1998 under the Building Efficient Surface Transpor-
tation and Equity Act of 1998 (including amend-
ments made by such Act) to make the adjustment re-
quired by paragraph (1), then the Secretary shall
make an adjustment to any funds apportioned to such
State in fiscal year 1999.
(4) ALLOCATED
PROGRAMS.—Notwithstanding
any other provision of law, amounts made available
for fiscal year 1998 by the Building Efficient Surface
Transportation and Equity Act of 1998 (including
amendments made by such Act) for a program that
is continued by both of sections 4, 5, 6, and 7 of the
Surface Transportation Extension Act of 1997 (in-
cluding amendments made by such sections) and the
Building Efficient Surface Transportation and Eq-
uity Act of 1998 (including amendments made by
such Act) shall be reduced by the amount made avail-
able by such sections 4, 5, 6, and 7 for such programs.
SEC. 105. INTERSTATE MAINTENANCE PROGRAM.
Section 119 is further amended—
(1) in subsection (a)—
(A) by striking ‘‘and rehabilitating’’ and
inserting ‘‘, rehabilitating, and reconstructing’’;
(B) by striking ‘‘of this title and’’ and in-
serting a comma;
(C) by striking ‘‘this sentence’’ and insert-
ing ‘‘the Building Efficient Surface Transpor-
tation and Equity Act of 1998’’;
(D) by striking ‘‘of this title;’’ and inserting
‘‘, and any segments that become part of the
Interstate System under section 1105(e)(5) of the
Intermodal Surface Transportation Efficiency
Act of 1991;’’; and
(E) by striking ‘‘subsection (e)’’ and insert-
ing ‘‘section 129 or continued in effect by section
1012(d) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 and not voided by
the Secretary under section 120(c) of the Surface
Transportation and Uniform Relocation Assist-
ance Act of 1987 (101 Stat. 159)’’;
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g)
as subsections (b), (c), and (d), respectively.
SEC. 106. NATIONAL HIGHWAY SYSTEM.
(a) COMPONENTS.—Section 103(b) is amended—
(1) by striking the last 4 sentences of paragraph
(2)(B);
(2) in paragraph (2)(C) by striking ‘‘and be sub-
ject to approval by Congress in accordance with para-
graph (3)’’; and
(3) in paragraph (2)(D) by striking ‘‘and subject
to approval by Congress in accordance with para-
graph (3)’’.
(b) MAXIMUM MILEAGE.—Section 103(b) is amend-
ed—
(1) by striking paragraphs (3) and (4) and in-
serting the following:
‘‘(3) MAXIMUM MILEAGE.—The mileage of high-
ways on the National Highway System shall not ex-
ceed 155,000 miles; except that the Secretary may in-
crease or decrease such maximum mileage by not to
exceed 15 percent.’’; and
(2) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(c) DESIGNATION.—Section 103(b)(4), as so redesig-
nated by subsection (b)(2) of this section, is amended—
(1) by inserting ‘‘(A) BASIC SYSTEM.—’’ before
‘‘The National’’;
(2) by inserting after subparagraph (A), as so
designated by paragraph (1) of this subsection, the
following:
‘‘(B) 
INTERMODAL
CONNECTORS.—The
modifications to the National Highway System
that consist of highway connections to major
ports, airports, international border crossings,
public transportation and transit facilities,
interstate bus terminals, and rail and other
intermodal transportation facilities, as submit-
ted to Congress by the Secretary on the map
dated May 24, 1996, are designated within the
United States, including the District of Colum-
bia and the Commonwealth of Puerto Rico.’’;
and
(3) by indenting such subparagraph (A) and
aligning it with subparagraph (B), as inserted by
paragraph (2) of this subsection.
(d) MODIFICATIONS.—Section 103(b)(5)(A), as redes-
ignated by subsection (b)(2) of this section, is amended by
inserting ‘‘or, in the case of the strategic highway network,
that are proposed by the Secretary in consultation with ap-
propriate Federal agencies and the States’’ before ‘‘if the
Secretary’’.
(e) CONFORMING AMENDMENTS.—Section 103(b) is
amended—
(1) in paragraph (5), as redesignated by sub-
section (b)(2) of this section, by striking ‘‘Subject to
paragraph (7), the’’ and inserting ‘‘The’’;
(2) by striking paragraph (7);
(3) by redesignating paragraph (8) as para-
graph (6); and
(4) in paragraph (6), as so redesignated, by
striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(4)’’.
(f) TECHNICAL AMENDMENT.—Section 103 is amend-
ed—
(1) by redesignating subparagraphs (A), (B),
and (C) of subsection (i)(3) as clauses (i), (ii), and
(iii), respectively;
(2) by redesignating paragraphs (1) through (13)
of subsection (i) as subparagraphs (A) through (M),
respectively;
(3) by redesignating subsection (i) as paragraph
(7);
(4) by moving such paragraph (7) (including
such subparagraphs and clauses) to the end of sub-
section (b); and
(5) by moving such paragraph (7) (including
such subparagraphs and clauses) 2 ems to the right.
(g) EFFECT
ON EXISTING APPORTIONMENTS.—The
amendments made by this section shall not affect funds ap-
portioned or allocated under title 23, United States Code,
before the date of the enactment of this Act.
(h) INTERMODAL FREIGHT CONNECTORS STUDY.—
(1) REPORT.—Not later than 24 months after the
date of the enactment of this Act, the Secretary shall
review the condition of and improvements made to
connectors on the National Highway System ap-
proved by this Act that serve seaports, airports, and
other intermodal freight transportation facilities since
the designation of the National Highway System and
shall report to Congress on the results of such review.
(2) REVIEW.—In preparing the report, the Sec-
retary shall review the connectors designated by this
Act as part of the National Highway System and
identify projects carried out on those connectors which
were intended to provide and improve service to an
intermodal facility referred to in paragraph (1) and
to facilitate the efficient movement of freight, includ-
ing movements of freight between modes.
(3) IDENTIFICATION
OF
IMPEDIMENTS.—If the
Secretary determines on the basis of the review that
there are impediments to improving the connectors
serving intermodal facilities referred to in paragraph
(1), the Secretary shall identify such impediments,
including any funding for such connectors, and make
any appropriate recommendations as part of the Sec-
retary’s report to Congress.
(i) HIGHWAY SIGNS ON THE NATIONAL HIGHWAY SYS-
TEM.—
(1) COMPETITION.—The Secretary shall conduct
in accordance with this subsection a national chil-
dren’s competition to design a national logo sign for
the routes comprising the National Highway System.
Children 14 years of age and under shall be eligible
for such competition.
(2) PANEL OF JUDGES.—The Secretary shall ap-
point a panel of not less than 6 persons to evaluate
all designs submitted under the competition and select
a winning design. The panel shall be composed of—
(A) a representative of the Department of
Transportation;
(B) a representative designated by the
American Association of State Highway and
Transportation Officials;
(C) a representative of the motor carrier in-
dustry;
(D) a representative of private organiza-
tions dedicated to advancement of the arts; and
(E) a representative of the motoring public.
(3) REPORT
AND
PLAN.—Not later than 24
months after the date of the enactment of this section,
the Secretary shall initiate and complete the competi-
tion and submit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report on the results of the com-
petition, a plan for the placement of logo signs on the
National Highway System, and an estimate of the
cost of implementing such plan.
(j) WEST VIRGINIA CORRIDOR 10.—The Secretary
shall designate in the State of West Virginia Route 73 be-
tween Route 10 and United States Route 119, Route 10 be-
tween Route 80 and Route 73, and Route 80 between United
States Route 52 and Route 10 as part of the National High-
way System.
SEC. 107. HIGHWAY BRIDGE PROGRAM.
(a) APPORTIONMENT FORMULA.—Section 144(e) is
amended by inserting before the period at the end of the
fourth sentence the following: ‘‘, and, if a State transfers
funds apportioned to it under this section in a fiscal year
beginning after September 30, 1997, to any other appor-
tionment of funds to such State under this title, the total
cost of deficient bridges in such State and in all States to
be determined for the succeeding fiscal year shall be reduced
by the amount of such transferred funds’’.
(b) DISCRETIONARY
BRIDGE
SET-ASIDE.—Section
144(g)(1) is amended—
(1) by inserting ‘‘(A) FISCAL
YEARS
1992
THROUGH 1997.—’’ before ‘‘Of the amounts’’;
(2) by adding at the end the following:
‘‘(B) FISCAL YEAR 1998.—The amounts au-
thorized for fiscal year 1998 by section 127(a)(1)
of the Building Efficient Surface Transportation
and Equity Act of 1998 shall be at the discretion
of the Secretary. 25 percent of such amount shall
be available only for projects for the seismic ret-
rofit of a bridge described in subsection (l).
‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—
The amounts authorized for each of fiscal years
1999 through 2003 by section 127(a)(1) of the
Building Efficient Surface Transportation and
Equity Act of 1998 shall be at the discretion of
the Secretary. Not to exceed 25 percent of such
amount shall be available only for projects for
the seismic retrofit of bridges, including projects
in the New Madrid fault region.’’; and
(3) by indenting subparagraph (A), as so des-
ignated by paragraph (1) of this subsection, and
aligning such subparagraph (A) with subparagraphs
(B) and (C), as inserted by paragraph (2) of this sub-
section.
(c) 
OFF
SYSTEM
BRIDGE-SET
ASIDE.—Section
144(g)(3) is amended—
(1) by striking ‘‘, 1988’’ and all that follows
through ‘‘1997,’’ and inserting ‘‘through 2003,’’; and
(2) by striking ‘‘system’’ each place it appears
and inserting ‘‘highway’’.
(d) ELIGIBILITY.—Section 144 is amended—
(1) in subsection (d) by inserting after ‘‘magne-
sium acetate’’ the following: ‘‘, sodium acetate/for-
mate, or agriculturally derived, environmentally ac-
ceptable, minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures’’;
(2) in subsection (d) by inserting after ‘‘such ac-
etate’’ each place it appears the following: ‘‘or sodium
acetate/formate or such anti-icing or de-icing com-
position or installation of such countermeasures’’; and
(3) in subsection (g)(3) by inserting after ‘‘mag-
nesium acetate’’ the following: ‘‘, sodium acetate/for-
mate, or agriculturally derived, environmentally ac-
ceptable, minimally corrosive anti-icing and de-icing
compositions or install scour countermeasures’’.
(e) CONFORMING AMENDMENT.—Section 144(n) is
amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 108. SURFACE TRANSPORTATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 133(a) is
amended by inserting after ‘‘establish’’ the following: ‘‘and
implement’’.
(b) APPLICATION OF ANTI-ICING AND DE-ICING COM-
POSITIONS TO BRIDGES.—Section 133(b)(1) is amended by
inserting after ‘‘magnesium acetate’’ the following: ‘‘, so-
dium acetate/formate, or agriculturally derived, environ-
mentally acceptable, minimally corrosive anti-icing and de-
icing compositions’’.
(c) TRANSPORTATION CONTROL MEASURES.—Section
133(b)(9) is amended by striking ‘‘clauses (xii) and’’ and
inserting ‘‘clause’’.
(d) ENVIRONMENTAL RESTORATION AND POLLUTION
ABATEMENT PROJECTS.—Section 133(b) is amended by
adding at the end the following:
‘‘(12) Environmental restoration and pollution
abatement projects, including the retrofit or construc-
tion of storm water treatment systems, to address
water pollution or environmental degradation caused
or contributed to by existing transportation facilities
at the time such transportation facilities are under-
going reconstruction, rehabilitation, resurfacing, or
restoration; except that the expenditure of funds under
this section for any such environmental restoration or
pollution abatement project shall not exceed 20 per-
cent of the total cost of the reconstruction, rehabilita-
tion, resurfacing, or restoration project.’’.
(e) DIVISION
OF FUNDS.—Section 133(d)(3)(B) is
amended by adding at the end the following: ‘‘Notwith-
standing subsection (c), up to 15 percent of the amounts
required to be obligated under this subparagraph may be
obligated on roads functionally classified as minor collec-
tors.’’.
(f) PROGRAM APPROVAL.—Section 133(e)(2) is amend-
ed to read as follows:
‘‘(2) PROGRAM
APPROVAL.—Each State shall
submit a project agreement for each fiscal year, cer-
tifying that the State will meet all the requirements
of this section and notifying the Secretary of the
amount of obligations needed to administer the sur-
face transportation program. Each State shall request
adjustments to the amount of obligations as needed.
The Secretary’s approval of the project agreement
shall be deemed a contractual obligation of the United
States for the payment of surface transportation pro-
gram funds provided under this title.’’.
(g) CONFORMING AMENDMENT.—Section 133(f) is
amended by striking ‘‘6-fiscal year period 1992 through
1997’’ and inserting ‘‘fiscal years for which funds are made
available by the Building Efficient Surface Transportation
and Equity Act of 1998’’.
(h) ENCOURAGEMENT OF USE OF YOUTH CONSERVA-
TION OR SERVICE CORPS.—The Secretary shall encourage
the States to enter into contracts and cooperative agree-
ments with qualified youth conservation or service corps to
perform appropriate transportation enhancement projects
under chapter 1 of title 23, United States Code.
SEC. 109. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 149(a) is
amended by inserting after ‘‘establish’’ the following: ‘‘and
implement’’.
(b) CURRENTLY ELIGIBLE PROJECTS.—Section 149(b)
is amended—
(1) in paragraph (1)(A) by striking ‘‘clauses
(xii) and’’; and inserting ‘‘clause’’;
(2) by striking ‘‘or’’ at the end of paragraph (3);
(3) by striking ‘‘standard.’’ at the end of para-
graph (4) and inserting ‘‘standard; or’’; and
(4) by inserting after paragraph (4) the follow-
ing:
‘‘(5) if the program or project would have been
eligible for funding on or before September 30, 1997,
under guidance issued by the Secretary to implement
this section.’’.
(c) STUDY OF EFFECTIVENESS OF CMAQ PROGRAM.—
(1) STUDY.—The Secretary shall request the Na-
tional Academy of Sciences to study the impact of the
congestion mitigation and air quality improvement
program on the air quality of nonattainment areas.
The study shall, at a minimum—
(A) determine the amount of funds obligated
under such program in each nonattainment area
and to make a comprehensive analysis of the
types of projects funded under such program;
(B) identify any improvements to or deg-
radations of the air quality in each nonattain-
ment area;
(C) measure the impact of the projects fund-
ed under such program on the air quality of each
nonattainment area; and
(D) assess the cost effectiveness of projects
funded under such program in nonattainment
areas, including, to the extent possible, the cost
per ton of reductions of ozone and carbon mon-
oxide and reduction of traffic congestion.
(2) REPORT.—Not later than January 1, 2000,
the National Academy of Sciences shall transmit to
the Secretary, the Committee on Transportation and
Infrastructure and the Committee on Commerce of the
House of Representatives, and the Committee on En-
vironment and Public Works of the Senate a report
on the results of the study with recommendations for
modifications to the congestion mitigation and air
quality improvement program in light of the results
of the study.
(3) FUNDING.—Before making the apportion-
ment of funds under section 104(b)(2) for each of fis-
cal years 1998 and 1999, the Secretary shall deduct
from the amount to be apportioned under such section
for such fiscal year, and make available, $500,000 for
such fiscal year to carry out this subsection.
SEC. 110. HIGH RISK ROAD SAFETY IMPROVEMENT PRO-
GRAM.
(a) IN GENERAL.—Chapter 1 is amended by inserting
after section 153 the following:
‘‘§ 154. High risk road safety improvement program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
and implement a high risk road safety improvement pro-
gram in accordance with this section.
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate
funds apportioned to it under section 104(b)(4) only for
construction and operational improvement projects, and for
pavement marking and signing projects, on high risk roads
and only if the primary purpose of the project is to improve
highway safety on a high risk road.
‘‘(c) STATE ALLOCATION SYSTEM.—Each State shall
establish a system for allocating funds apportioned to it
under section 104(b)(4) among projects eligible for assist-
ance under this section that have the highest benefits to
highway safety. Such system may include a safety manage-
ment system established by the State under section 303 or
a survey established pursuant to section 152(a).
‘‘(d) TRANSFERABILITY.—A State may transfer not to
exceed 50 percent of the amount of funds apportioned to
it under section 104(b)(4) for any fiscal year to the appor-
tionment of such State under section 104(b)(1) or 104(b)(3)
or both.
‘‘(e) APPLICABILITY OF PLANNING REQUIREMENTS.—
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements of sec-
tions 134 and 135.
‘‘(f) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) HIGH
RISK
ROAD.—The term ‘high risk
road’ means any Federal-aid highway or segment of
a Federal-aid highway—
‘‘(A) on which a significant number of se-
vere motor vehicle crashes occur; or
‘‘(B) which has current, or will likely have,
increases in traffic volume that are likely to cre-
ate a potential for severe crash consequences in
a significant number of motor vehicle crashes.
‘‘(2) SEVERE CRASH.—The term ‘severe crash’
means a motor vehicle crash in which a fatality or
incapacitating injury occurs.’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 1 is amended by inserting after the item relating
to section 153 the following:
‘‘154. High risk road safety improvement program.’’.
(c) ROADWAY SAFETY AWARENESS AND IMPROVEMENT
PROGRAM.—
(1) IN GENERAL.—For purposes of identifying
high-risk roadway hazards and effective counter-
measures and improving the collection and public dis-
semination of information regarding such hazards
and their impact on the number and severity of motor
vehicle crashes, the Secretary shall enter into an
agreement with a private nonprofit national organi-
zation that is dedicated solely to improving roadway
safety.
(2) TERMS OF AGREEMENT.—Under the terms of
the agreement entered into under this subsection, the
organization shall—
(A) develop a pilot program to improve the
collection of data pertaining to roadway hazards
and design features that cause or increase the se-
verity of motor vehicle crashes;
(B) develop a public awareness campaign to
educate State and local transportation officials,
public safety officials, and motorists regarding
the extent to which roadway hazards and design
features are a factor in motor vehicle crashes;
and
(C) develop and disseminate information to
assist State and local transportation officials,
public safety officials, and motorists in identify-
ing roadway hazards and effective counter-
measures.
(3) REPORT.—Not later than 24 months after the
date of entry into the agreement under this sub-
section, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment
and Public Works of the Senate a report on the status
of the program authorized by this subsection. Such re-
port shall be updated each year thereafter, and a final
report shall be transmitted not later than 5 years
after the date of entry into the agreement.
(4) FUNDING.—Before funds are apportioned
under section 104(b)(4) of title 23, United States
Code, for each of fiscal years 1998 through 2003, the
Secretary shall deduct a sum not to exceed $1,000,000
per fiscal year for carrying out this subsection. Such
sums shall remain available until expended.
SEC. 111. MINIMUM ALLOCATION.
(a) GENERAL RULES.—Section 157(a) is amended—
(1) in paragraph (4)—
(A) by striking ‘‘THEREAFTER’’ and insert-
ing ‘‘FISCAL YEARS 1992–1997’’; and
(B) by striking ‘‘fiscal year 1992 and each
fiscal year thereafter’’ and inserting ‘‘each of fis-
cal years 1992 through 1997’’; and
(2) by adding at the end the following new para-
graph:
‘‘(5) THEREAFTER.—In fiscal year 1998 and
each fiscal year thereafter on October 1, or as soon as
possible thereafter, the Secretary shall allocate among
the States amounts sufficient to ensure that a State’s
percentage of the total apportionments in each such
fiscal year for Interstate maintenance, the National
Highway System, the bridge program, the surface
transportation program, the congestion mitigation
and air quality improvement program, the high pri-
ority projects program, the high risk road safety im-
provement program, the recreational trails program,
the Appalachian Development Highway System pro-
gram, and metropolitan planning shall not be less
than 95 percent of the percentage of estimated tax
payments attributable to highway users in the State
paid into the Highway Trust Fund, other than the
Mass Transit Account, in the latest fiscal year for
which data are available. In determining allocations
under this paragraph, the Secretary shall not take
into account the 2 percent set aside under section
104(b)(3)(A).’’.
(b) AVAILABILITY
OF
FUNDS.—Section 157(b) is
amended—
(1) by inserting before ‘‘Amounts allocated’’ the
following: ‘‘AVAILABILITY OF FUNDS.—’’;
(2) by striking ‘‘Interstate highway substitute,’’
and all that follows through ‘‘crossing projects’’ and
inserting ‘‘any purpose described in section 133(b)’’;
and
(3) by inserting before the period at the end
‘‘and section 103(c) of the Building Efficient Surface
Transportation and Equity Act of 1998’’.
(c) CONFORMING AMENDMENTS.—Section 157 is fur-
ther amended—
(1) in subsection (d) by striking ‘‘154(f) or’’; and
(2) in subsection (e) by inserting before ‘‘In
order’’ the following: ‘‘AUTHORIZATION
OF APPRO-
PRIATIONS.—’’.
(d) MINIMUM ALLOCATION ADJUSTMENT.—If the Sec-
retary—
(1) determines that—
(A) the ratio of—
(i) the aggregate of funds made avail-
able by this Act, including any amendments
made by this Act, that are apportioned to
a State for Federal-aid highway programs
(including funds allocated to the State
under sections 104(j) and 157 of title 23,
United States Code) for each fiscal year be-
ginning after September 30, 1997, to
(ii) the aggregate of such funds appor-
tioned to all States for such programs for
such fiscal year, is less than
(B) the ratio of—
(i) estimated tax payments attributable
to highway users in the State paid into the
Highway Trust Fund, other than the Mass
Transit Account, in the latest fiscal year for
which data are available, to
(ii) the estimated tax payments attrib-
utable to highway users in all States paid
into such Trust Fund in such latest fiscal
year; and
(2) determines that—
(A) the ratio determined under paragraph
(1)(A), is less than
(B) the ratio of—
(i) the aggregate of funds made avail-
able by the Intermodal Surface Transpor-
tation Efficiency Act of 1991, including
any amendments made by such Act, and
section 202 of the National Highway Sys-
tem Designation Act of 1995 that are ap-
portioned to the State for Federal-aid high-
way programs (other than Federal lands
highway programs and projects under sec-
tions 1103–1108 of the Intermodal Surface
Transportation Efficiency Act of 1991) for
fiscal years 1992 through 1997, to
(ii) the aggregate of such funds appor-
tioned to all States for such programs for
such fiscal years;
the Secretary shall allocate under such section 157 to the
State amounts sufficient to ensure that the State’s percent-
age of total apportionments for Federal-aid highway pro-
grams under this Act (including amendments made by this
Act and allocations under such sections 104(j) and 157) for
such fiscal year beginning after September 30, 1997, is
equal to the State’s percentage of total apportionments for
Federal-aid highway programs (other than Federal lands
highway programs and projects under sections 1103–1008
of the Intermodal Surface Transportation Efficiency Act of
1991) for fiscal year 1997 under the Intermodal Surface
Transportation Efficiency Act of 1991, including any
amendments made by such Act, and section 202 of the Na-
tional Highway System Designation Act of 1995. The allo-
cation shall be made on October 1 of fiscal year 1998, 1999,
2000, 2001, 2002, or 2003, as the case may be, or as soon
as possible thereafter and shall be in addition to any other
allocation to the State under such section 157 for such fiscal
year.
(e) FINAL ADJUSTMENT.—
(1) IN GENERAL.—In fiscal year 1998 and each
fiscal year thereafter on October 1, or as soon as prac-
ticable thereafter, the Secretary shall allocate under
section 157 of title 23, United States Code, among the
States amounts sufficient to ensure that the ratio
that—
(A) each State’s percentage of the total ap-
portionments for such fiscal year for Interstate
maintenance, National Highway System, high
cost Interstate system reconstruction and im-
provement program, surface transportation pro-
gram, metropolitan planning, congestion mitiga-
tion and air quality improvement program, high
risk road safety improvement program, bridge
program, Appalachian development highway sys-
tem, recreational trails program, high priority
projects program, the 2 percent set aside under
section 104(b)(3)(A) of title 23, United States
Code, and section 157 of such title (including
subsection (d) of this section and this subsection),
bears to
(B) each State’s percentage of estimated tax
payments attributable to highway users in the
State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fis-
cal year for which data are available;
is not less than 0.90.
(2) TREATMENT.—The allocation required by
this paragraph shall be in addition to any other allo-
cation under section 157 of title 23, United States
Code, including allocations required by subsection (d)
of this section.
SEC. 112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) APPORTIONMENT.—The Secretary shall apportion
funds made available by section 102 of this Act for fiscal
years 1998 through 2003 among the States based on the
latest available cost to complete estimate for the Appalach-
ian development highway system prepared by the Appalach-
ian Regional Commission, unless the Appalachian Regional
Commission adopts an alternative method for distribution.
In general, no State containing Appalachian development
highway system routes shall receive an apportionment of
less than $1,000,000. For fiscal years 1999 through 2003,
any alternative method for distribution adopted by the Ap-
palachian Regional Commission must be communicated to
the Secretary at least 30 days prior to the beginning of the
fiscal year in which the apportionment is to be made. Such
funds shall be available to construct highways and access
roads under section 201 of the Appalachian Regional Devel-
opment Act of 1965.
(b) APPLICABILITY OF TITLE 23.—Funds authorized
by section 102 of this Act for the Appalachian development
highway system under section 201 of the Appalachian Re-
gional Development Act of 1965 shall be available for obli-
gation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code, ex-
cept that the Federal share of the cost of any project under
this section shall be determined in accordance with such sec-
tion 201 and such funds shall remain available until ex-
pended.
(c) 
FEDERAL
SHARE
FOR
PRE-FINANCED
PROJECTS.—Section 201(h)(1) of the Appalachian Re-
gional Development Act of 1965 (40 U.S.C. App.) is amend-
ed by striking ‘‘70’’ and inserting ‘‘80’’.
(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—
Section 201 of such Act is amended by adding at the end
the following new subsection:
‘‘(i) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—
On October 1 of fiscal year 1998 and each fiscal year there-
after, or as soon as is practicable thereafter, there shall be
deducted, for the expenses of the Appalachian Regional
Commission in administering the funds authorized under
this section for such year, not to exceed 3.75 percent of the
funds made available for such year under subsection (g) of
this section.’’.
(e) LOCAL PARTICIPATION IN DEDESIGNATION DECI-
SIONS.—Section 201 of such Act is further amended by add-
ing at the end the following:
‘‘(j) LOCAL PARTICIPATION IN DEDESIGNATION DECI-
SIONS.—Before the State of Ohio may request the
dedesignation of corridor B from the Ohio River in Scioto
County to the Scioto-Adams County line, corridor B1 from
the Kentucky State line to the junction with corridor B at
Rosemount, corridor C from the junction with corridor B
at Lucasville to State Route 159 at Chillicothe, or corridor
ico for which allocations are made under this section
and at least 2 of the projects in the vicinity of the
border of the United States and Canada for which al-
locations are made under this section shall be located
at ports of entry with high annual volumes of traffic.
(f) APPLICABILITY OF TITLE 23.—Funds authorized
by section 127(a)(3)(A) of this Act shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code.
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) BORDER REGION.—The term ‘‘border region’’
means the portion of a border State in the vicinity
of an international border with Canada or Mexico.
(2) BORDER STATE.—The term ‘‘border State’’
means any State that has a boundary in common
with Canada or Mexico.
SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL
SHARE
PAYABLE.—Section 120 is
amended—
(1) in subsection (e)—
(A) by striking ‘‘(c)’’ and inserting ‘‘(b)’’;
and
(B) by striking ‘‘90’’ and inserting ‘‘120’’;
and