H. R. 2400—70
‘‘(2) CONTENTS.—The transportation improvement program
shall include—
‘‘(A) a priority list of proposed federally supported
projects and strategies to be carried out within each 3-
year period after the initial adoption of the transportation
improvement program; and
‘‘(B) a financial plan that—
‘‘(i) demonstrates how the transportation improve-
ment program can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be available
to carry out the program;
‘‘(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
‘‘(iv) may include, for illustrative purposes, addi-
tional projects that would be included in the approved
transportation improvement program if reasonable
additional resources beyond those identified in the
financial plan were available.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS CHAPTER AND CHAPTER 53
OF TITLE 49.—A transportation improvement program devel-
oped under this subsection for a metropolitan area shall
include the projects and strategies within the area that
are proposed for funding under this chapter and chapter
53 of title 49.
‘‘(B) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for fund-
ing under chapter 2 that are not determined to be
regionally significant shall be grouped in 1 line item
or 
identified 
individually 
in 
the 
transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be consistent with the long-range
transportation plan developed under subsection (g) for the
area.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase
of a project, only if full funding can reasonably be antici-
pated to be available for the project within the time period
contemplated for completion of the project.
‘‘(4) NOTICE AND COMMENT.—Before approving a transpor-
tation improvement program, a metropolitan planning organiza-
tion shall, in cooperation with the State and any affected public
transit operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice
of and an opportunity to comment on the proposed program.
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN
GENERAL.—Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
H. R. 2400—71
improvement program development required under para-
graph (1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried out,
from the approved transportation improvement program—
‘‘(i) by—
‘‘(I) in the case of projects under this chapter,
the State; and
‘‘(II) in the case of projects under chapter 53
of title 49, the designated transit funding recipi-
ents; and
‘‘(ii) in cooperation with the metropolitan planning
organization.
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary
shall not be required to advance a project included in
the approved transportation improvement program in place
of another project in the program.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding para-
graph (2)(B)(iv), a State or metropolitan planning organiza-
tion shall not be required to select any project from the
illustrative list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by
the Secretary shall be required for a State or metropolitan
planning organization to select any project from the illus-
trative list of additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion in an approved
transportation improvement program.
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TRANSPORTATION IMPROVEMENT
PROGRAMS.—A 
transportation 
improvement 
program
involving Government participation shall be published or
otherwise made readily available by the metropolitan plan-
ning organization for public review.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
An annual listing of projects for which Federal funds have
been obligated in the preceding year shall be published
or otherwise made available by the metropolitan planning
organization for public review. The listing shall be consist-
ent with the categories identified in the transportation
improvement program.’’.
(i) TRANSPORTATION MANAGEMENT AREAS.—
(1) REQUIRED DESIGNATIONS.—Section 134(i)(1) of such title
is amended to read as follows:
‘‘(1) DESIGNATION.—
‘‘(A) REQUIRED
DESIGNATIONS.—The Secretary shall
designate as a transportation management area each
urbanized area with a population of over 200,000 individ-
uals.
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall
designate any additional area as a transportation manage-
ment area on the request of the Governor and the metro-
politan planning organization designated for the area.’’.
(2) SELECTION OF PROJECTS.—Section 134(i)(4) of such title
is amended to read as follows:
‘‘(4) SELECTION OF PROJECTS.—
H. R. 2400—72
‘‘(A) IN GENERAL.—All federally funded projects carried
out within the boundaries of a transportation management
area under this title (excluding projects carried out on
the National Highway System and projects carried out
under the bridge program or the Interstate maintenance
program) or under chapter 53 of title 49 shall be selected
for implementation from the approved transportation
improvement program by the metropolitan planning
organization designated for the area in consultation with
the State and any affected public transit operator.
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out within the boundaries of a transportation
management area on the National Highway System and
projects carried out within such boundaries under the
bridge program or the Interstate maintenance program
shall be selected for implementation from the approved
transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.’’.
(3) CERTIFICATION.—Section 134(i)(5) of such title is
amended to read as follows:
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process
in each transportation management area is being car-
ried out in accordance with applicable provisions of
Federal law; and
‘‘(ii) subject to subparagraph (B), certify, not less
often than once every 3 years, that the requirements
of this paragraph are met with respect to the transpor-
tation management area.
‘‘(B) REQUIREMENTS
FOR
CERTIFICATION.—The Sec-
retary may make the certification under subparagraph (A)
if—
‘‘(i) the transportation planning process complies
with the requirements of this section and other
applicable requirements of Federal law; and
‘‘(ii) there is a transportation improvement pro-
gram for the area that has been approved by the metro-
politan planning organization and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING
OF
FUNDS.—If a metropolitan
planning process is not certified, the Secretary may
withhold up to 20 percent of the apportioned funds
attributable to the transportation management area
under this title and chapter 53 of title 49.
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The with-
held apportionments shall be restored to the metropoli-
tan area at such time as the metropolitan planning
organization is certified by the Secretary.
‘‘(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICI-
PATION.—The Secretary shall not withhold certification
under this paragraph based on the policies and criteria
established by a metropolitan planning organization
or transit grant recipient for determining the feasibility
of private enterprise participation in accordance with
section 5306(a) of title 49.
H. R. 2400—73
‘‘(D) REVIEW
OF
CERTIFICATION.—In making certifi-
cation determinations under this paragraph, the Secretary
shall provide for public involvement appropriate to the
metropolitan area under review.’’.
(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—
Section 134(j) of such title is amended to read as follows:
‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case
of a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range transportation
plan and transportation improvement program for the metro-
politan area that the Secretary determines is appropriate to
achieve the purposes of this section, taking into account the
complexity of transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary may not per-
mit abbreviated plans or programs for a metropolitan area
that is in nonattainment for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.).’’.
(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT
AREAS.—Section 134(l) of such title is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(1) IN GENERAL.—Notwithstanding’’; and
(2) by adding at the end the following:
‘‘(2) APPLICABILITY.—This subsection applies to a nonattain-
ment area within the metropolitan planning area boundaries
determined under subsection (c).’’.
(l) FUNDING.—Section 134(n) of such title is amended to read
as follows:
‘‘(n) FUNDING.—
‘‘(1) IN
GENERAL.—Funds set aside under section 104(f)
of this title to carry out sections 5303 through 5305 of title
49 shall be available to carry out this section.
‘‘(2) UNUSED FUNDS.—Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.’’.
(m) CONTINUATION
OF CURRENT REVIEW PRACTICE.—Section
134 of such title is amended by adding at the end the following:
‘‘(o) CONTINUATION
OF
CURRENT
REVIEW
PRACTICE.—Since
plans and programs described in this section are subject to a reason-
able opportunity for public comment, since individual projects
included in the plans and programs are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning plans
and programs described in this section have not been reviewed
under such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).’’.
(n) TECHNICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
‘‘134. Metropolitan planning.’’.
H. R. 2400—74
SEC. 1204. STATEWIDE PLANNING.
(a) GENERAL REQUIREMENTS.—Section 135(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) FINDINGS.—It is in the national interest to encourage
and promote the safe and efficient management, operation,
and development of surface transportation systems that will
serve the mobility needs of people and freight and foster eco-
nomic growth and development within and through urbanized
areas, while minimizing transportation-related fuel consump-
tion and air pollution.
‘‘(2) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to
section 134 of this title and sections 5303 through 5305 of
title 49, each State shall develop transportation plans and
programs for all areas of the State.
‘‘(3) CONTENTS.—The plans and programs for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the
State and an integral part of an intermodal transportation
system for the United States.
‘‘(4) PROCESS OF DEVELOPMENT.—The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.’’.
(b) COORDINATION
WITH
METROPOLITAN
PLANNING; STATE
IMPLEMENTATION PLAN.—Section 135(b) of such title is amended
by inserting after ‘‘of this title’’ the following: ‘‘and sections 5303
through 5305 of title 49’’.
(c) SCOPE OF PLANNING PROCESS.—Section 135(c) of such title
is amended to read as follows:
‘‘(c) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a transpor-
tation planning process that provides for consideration of
projects and strategies that will—
‘‘(A) support the economic vitality of the United States,
the States, and metropolitan areas, especially by enabling
global competitiveness, productivity, and efficiency;
‘‘(B) increase the safety and security of the transpor-
tation system for motorized and nonmotorized users;
‘‘(C) increase the accessibility and mobility options
available to people and for freight;
‘‘(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
‘‘(E) enhance the integration and connectivity of the
transportation system, across and between modes through-
out the State, for people and freight;
‘‘(F) promote efficient system management and oper-
ation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraph (1) shall not be review-
able by any court under this title, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting
H. R. 2400—75
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning process.’’.
(d) ADDITIONAL REQUIREMENTS.—Section 135(d) of such title
is amended to read as follows:
‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out planning
under this section, each State shall, at a minimum, consider—
‘‘(1) with respect to nonmetropolitan areas, the concerns
of local elected officials representing units of general purpose
local government;
‘‘(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
‘‘(3) coordination of transportation plans, programs, and
planning activities with related planning activities being carried
out outside of metropolitan planning areas.’’.
(e) LONG-RANGE TRANSPORTATION PLAN.—Section 135(e) of such
title is amended to read as follows:
‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period,
for all areas of the State, that provides for the development
and implementation of the intermodal transportation system
of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—With respect to each
metropolitan area in the State, the long-range transpor-
tation plan shall be developed in cooperation with the
metropolitan planning organization designated for the
metropolitan area under section 134 of this title and section
5303 of title 49.
‘‘(B) NONMETROPOLITAN AREAS.—With respect to each
nonmetropolitan area, the long-range transportation plan
shall be developed in consultation with affected local offi-
cials with responsibility for transportation.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the long-range transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing
the long-range transportation plan, the State shall—
‘‘(A) provide citizens, affected public agencies, rep-
resentatives of transportation agency employees, freight
shippers, private providers of transportation, representa-
tives of users of public transit, providers of freight transpor-
tation services, and other interested parties with a reason-
able opportunity to comment on the proposed plan; and
‘‘(B) identify transportation strategies necessary to effi-
ciently serve the mobility needs of people.
‘‘(4) FINANCIAL PLAN.—The long-range transportation plan
may include a financial plan that demonstrates how the adopted
long-range transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and rec-
ommends any additional financing strategies for needed projects
and programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in the
H. R. 2400—76
adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
‘‘(5) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (4), a State shall not be required
to select any project from the illustrative list of additional
projects included in the financial plan under paragraph (4).’’.
(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—Section
135(f) of such title is amended to read as follows:
‘‘(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—Each State shall develop a transpor-
tation improvement program for all areas of the State.
‘‘(B) CONSULTATION WITH GOVERNMENTS.—
‘‘(i) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan plan-
ning organization designated for the metropolitan area
under section 134 of this title and section 5303 of
title 49.
‘‘(ii) NONMETROPOLITAN AREAS.—
‘‘(I) IN GENERAL.—With respect to each non-
metropolitan area in the State, the program shall
be developed in consultation with affected local
officials with responsibility for transportation.
‘‘(II) REVIEW.—Not later than 1 year after the
date of enactment of this subclause, the State shall
submit to the Secretary the details of the consult-
ative planning process developed by the State for
nonmetropolitan areas under subclause (I). The
Secretary shall not review or approve such process.
‘‘(iii) INDIAN TRIBAL AREAS.—With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the program shall be developed in
consultation with the tribal government and the Sec-
retary of the Interior.
‘‘(C) PARTICIPATION BY INTERESTED PARTIES.—In devel-
oping the program, the Governor shall provide citizens,
affected public agencies, representatives of transportation
agency employees, freight shippers, private providers of
transportation, providers of freight transportation services,
representatives of users of public transit, and other
interested parties with a reasonable opportunity to com-
ment on the proposed program.
‘‘(2) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement pro-
gram developed under this subsection for a State shall
include federally supported surface transportation expendi-
tures within the boundaries of the State.
‘‘(B) CHAPTER 2 PROJECTS.—
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for fund-
ing under chapter 2 that are not determined to be
regionally significant shall be grouped in 1 line item
H. R. 2400—77
or 
identified 
individually 
in 
the 
transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be—
‘‘(i) consistent with the long-range transportation
plan developed under this section for the State;
‘‘(ii) identical to the project as described in an
approved metropolitan transportation improvement
program; and
‘‘(iii) in conformance with the applicable State air
quality implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.), if the project
is carried out in an area designated as nonattainment
for ozone or carbon monoxide under such Act.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase
of a project, only if full funding can reasonably be antici-
pated to be available for the project within the time period
contemplated for completion of the project.
‘‘(E) FINANCIAL
PLAN.—The transportation improve-
ment program may include a financial plan that dem-
onstrates how the approved transportation improvement
program can be implemented, indicates resources from pub-
lic and private sources that are reasonably expected to
be made available to carry out the plan, and recommends
any additional financing strategies for needed projects and
programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted transportation plan if reasonable additional
resources beyond those identified in the financial plan were
available.
‘‘(F) SELECTION
OF
PROJECTS
FROM
ILLUSTRATIVE
LIST.—
‘‘(i) NO
REQUIRED
SELECTION.—Notwithstanding
subparagraph (E), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under subpara-
graph (E).
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action
by the Secretary shall be required for a State to select
any project from the illustrative list of additional
projects included in the financial plan under subpara-
graph (E) for inclusion in an approved transportation
improvement program.
‘‘(G) PRIORITIES.—The program shall reflect the prior-
ities for programming and expenditures of funds, including
transportation enhancement activities, required by this
title.
‘‘(3) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Projects carried out in areas with
populations of less than 50,000 individuals (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Inter-
state maintenance program) shall be selected, from the
approved statewide transportation improvement program,
by the State in cooperation with the affected local officials.
H. R. 2400—78
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out in areas described in subparagraph (A) on the
National Highway System and projects carried out in such
areas under the bridge program or the Interstate mainte-
nance program shall be selected, from the approved state-
wide transportation improvement program, by the State
in consultation with the affected local officials.
‘‘(4) BIENNIAL
REVIEW
AND
APPROVAL.—A transportation
improvement program developed under this subsection shall
be reviewed and, on a finding that the planning process through
which the program was developed is consistent with this sec-
tion, section 134, and sections 5303 through 5305 of title 49,
approved not less frequently than biennially by the Secretary.
‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstand-
ing any other provision of law, action by the Secretary shall
not be required to advance a project included in the approved
statewide transportation improvement program in place of
another project in the program.’’.
(g) FUNDING.—Section 134(g) of such title is amended by strik-
ing ‘‘section 307(c)(1)’’ and inserting ‘‘section 505(a)’’.
(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 135
of such title is amended by adding at the end the following:
‘‘(i) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans
and programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
since decisions by the Secretary concerning plans and programs
described in this section have not been reviewed under such Act
as of January 1, 1997, any decision by the Secretary concerning
a plan or program described in this section shall not be considered
to be a Federal action subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’.
(i) PARTICIPATION OF LOCAL ELECTED OFFICIALS.—
(1) STUDY.—The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials in
transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between each State, local officials in rural areas in the State,
and regional planning and development organizations in the
State.
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study with any rec-
ommendations the Secretary determines appropriate as a result
of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) CONTRACTING PROCEDURES.—Section 112(b)(2) of title 23,
United States Code, is amended in clauses (i) and (ii) of subpara-
graph (B) by striking ‘‘, except to’’ each place it appears and all
that follows through the period at the end and inserting a period.
(b) SELECTION PROCESS.—Section 112 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(g) SELECTION PROCESS.—A State may procure, under a single
contract, the services of a consultant to prepare any environmental
impact assessments or analyses required for a project, including
H. R. 2400—79
environmental impact statements, as well as subsequent engineer-
ing and design work on the project if the State conducts a review
that assesses the objectivity of the environmental assessment,
environmental analysis, or environmental impact statement prior
to its submission to the Secretary.’’.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting after
subsection (a) the following:
‘‘(b) ACCESS OF MOTORCYCLES.—No State or political subdivision
of a State may enact or enforce a law that applies only to motor-
cycles and the principal purpose of which is to restrict the access
of motorcycles to any highway or portion of a highway for which
Federal-aid highway funds have been utilized for planning, design,
construction, or maintenance. Nothing in this subsection shall affect
the authority of a State or political subdivision of a State to regulate
motorcycles for safety.’’.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) FERRY OPERATING
AND LEASING AMENDMENTS.—Section
129(c)(3) of title 23, United States Code, is amended by striking
‘‘owned.’’ and inserting ‘‘owned or operated or majority publicly
owned if the Secretary determines with respect to a majority pub-
licly owned ferry or ferry terminal facility that such ferry boat
or ferry terminal facility provides substantial public benefits.’’.
(b) REAUTHORIZATION.—Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) is amended—
(1) in the second sentence of subsection (c) by striking
‘‘Such sums’’ and inserting ‘‘Sums made available to carry out
this section’’;
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
‘‘(1) IN GENERAL.—$20,000,000 of the amount made avail-
able to carry out this section for each of fiscal years 1999
through 2003 shall be obligated for the construction or
refurbishment of ferry boats and ferry terminal facilities and
approaches to such facilities within marine highway systems
that are part of the National Highway System.
‘‘(2) ALASKA.—$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made avail-
able to the State of Alaska.
‘‘(3) NEW JERSEY.—$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made avail-
able to the State of New Jersey.
‘‘(4) WASHINGTON.—$5,000,000 of the $20,000,000 for a fis-
cal year made available under paragraph (1) shall be made
available to the State of Washington.’’.
(c) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study of
ferry transportation in the United States and its possessions—
(A) to identify existing ferry operations, including—
(i) the locations and routes served; and
H. R. 2400—80
(ii) the source and amount, if any, of funds derived
from Federal, State, or local government sources
supporting ferry construction or operations;
(B) to identify potential domestic ferry routes in the
United States and its possessions and to develop informa-
tion on those routes; and
(C) to identify the potential for use of high-speed ferry
services and alternative-fueled ferry services.
(2) REPORT.—The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Commit-
tee on Environment and Public Works of the Senate.
SEC. 1208. TRAINING.
(a) TRAINING POSITIONS
FOR WELFARE RECIPIENTS.—Section
140(a) of title 23, United States Code, is amended by inserting
after the third sentence the following: ‘‘In implementing such pro-
grams, a State may reserve training positions for persons who
receive welfare assistance from such State; except that the
implementation of any such program shall not cause current
employees to be displaced or current positions to be supplanted
or preclude workers that are participating in an apprenticeship,
skill improvement, or other upgrading program registered with
the Department of Labor or the appropriate State agency from
being referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in such
program.’’.
(b) HIGHWAY
TRAINING.—Section 140(b) of such title is
amended—
(1) in the first sentence—
(A) by inserting ‘‘and technology’’ after ‘‘construction’’;
and
(B) by inserting after ‘‘programs’’ the following: ‘‘, and
to develop and fund summer transportation institutes’’;
and
(2) in the second sentence by striking ‘‘104(b)’’ and inserting
‘‘104(b)(3)’’.
(c) SUPPORTIVE SERVICES.—Section 140(c) of such title is amend-
ed by striking ‘‘104(a)’’ and inserting ‘‘104(b)(3)’’.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION
VEHICLES.
Section 102(a) of title 23, United States Code, is amended—
(1) by striking ‘‘A State’’ and inserting the following:
‘‘(1) IN GENERAL.—A State’’;
(2) by adding at the end the following:
‘‘(2) EXCEPTION FOR INHERENTLY LOW-EMISSION VEHICLES.—
Notwithstanding paragraph (1), before September 30, 2003,
a State may permit a vehicle with fewer than 2 occupants
to operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in accord-
ance with, section 88.312–93(c) of such title. Such permission
may be revoked by the State should the State determine it
necessary.’’; and
(3) by aligning the remainder of paragraph (1) (as des-
ignated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
H. R. 2400—81
SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish an advanced
travel forecasting procedures program—
(1) to provide for completion of the advanced transportation
model developed under the Transportation Analysis Simulation
System (referred to in this section as ‘‘TRANSIMS’’); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics pack-
age developed under TRANSIMS and the program established
under this section to States, local governments, and metropoli-
tan planning organizations with responsibility for travel model-
ing.
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use funds made
available under this section to—
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and metro-
politan planning organizations with responsibility for travel
modeling; and
(4) allocate funds to not more than 12 entities described
in paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel forecasting
procedures in use by the areas as of the date of enactment
of this Act to the use of the advanced transportation model.
(c) FUNDING.—
(1) IN GENERAL.—There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for fiscal year
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year
2000, $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year
2002, and $2,500,000 for fiscal year 2003.
(2) ALLOCATION OF FUNDS.—
(A) FISCAL YEARS 1998 AND 1999.—For each of fiscal
years 1998 and 1999, 100 percent of the funds made avail-
able under paragraph (1) shall be allocated to activities
as described in paragraphs (1), (2), and (3) of subsection
(b).
(B) FISCAL YEARS 2000 THROUGH 2003.—For each of fiscal
years 2000 through 2003, not more than 50 percent of
the funds made available under paragraph (1) may be
allocated to activities described in subsection (b)(4).
(3) CONTRACT AUTHORITY.—Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of—
(A) any activity described in paragraph (1), (2), or
(3) of subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4) shall
not exceed 80 percent.
H. R. 2400—82
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(a) PENNSYLVANIA
STATION
REDEVELOPMENT
CORPORATION
BOARD OF DIRECTORS.—Section 1069(gg) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.) is
amended by adding at the end the following:
‘‘(3) PENNSYLVANIA STATION REDEVELOPMENT CORPORATION
BOARD
OF
DIRECTORS.—In furtherance of the redevelopment
of the James A. Farley Post Office in New York, New York,
into an intermodal transportation facility and commercial cen-
ter, the Secretary, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the Pennsylvania
Station Redevelopment Corporation.’’.
(b) UNION STATION REDEVELOPMENT CORPORATION BOARD OF
DIRECTORS.—Subtitle B of title I of the National Visitor Center
Facilities Act of 1968 (40 U.S.C. 811 et seq.) is amended by adding
at the end the following:
‘‘SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.
‘‘To further the rehabilitation, redevelopment and operation
of the Union Station complex, the Secretary of Transportation,
the Administrator of the Federal Railroad Administration, or their
designees are authorized to serve as ex officio members of the
Board of Directors of the Union Station Redevelopment Corpora-
tion.’’.
(c) SAFETY BELT USE LAW REQUIREMENTS.—Section 355 of the
National Highway System Designation Act of 1995 (109 Stat. 624)
is amended—
(1) in the section heading by striking ‘‘AND MAINE’’;
(2) in subsection (a)—
(A) by striking ‘‘States of New Hampshire and Maine
shall each’’ and inserting ‘‘State of New Hampshire shall’’;
and
(B) in paragraph (1) by striking ‘‘and 1996’’ and insert-
ing ‘‘through 2000’’; and
(3) by striking ‘‘or Maine’’ each place it appears.
(d) METRIC CONVERSION AT STATE OPTION.—Section 205(c)(2)
of the National Highway System Designation Act of 1995 (23 U.S.C.
109 note; 109 Stat. 577) is amended by striking ‘‘Before September
30, 2000, the’’ and inserting ‘‘The’’.
(e) RIGHT-OF-WAY REVOLVING FUND.—
(1) TERMINATION.—Section 108 of title 23, United States
Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2) TRANSITION PROVISION.—
(A) IN GENERAL.—Funds advanced to a State by the
Secretary from the right-of-way revolving fund established
by section 108(c) of title 23, United States Code, prior
to the date of enactment of this Act shall remain available
to the State for use on the projects for which the funds
were advanced for a period of 20 years from the date
on which the funds were advanced.
(B) CREDIT TO HIGHWAY TRUST FUND.—With respect
to a project for which funds have been advanced from
the right-of-way revolving fund, upon the termination of
the 20-year period referred to in subparagraph (A), when
H. R. 2400—83
actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and estimates
for the actual construction of the project on the right-
of-way, whichever occurs first—
(i) the Highway Trust Fund (other than the Mass
Transit Account) shall be credited with an amount
equal to the Federal share of the funds advanced,
as provided in section 120 of title 23, United States
Code, out of any Federal-aid highway funds appor-
tioned to the State in which the project is located
and available for obligation for projects of the type
funded; and
(ii) the State shall reimburse the Secretary in an
amount equal to the non-Federal share of the funds
advanced for deposit in, and credit to, the Highway
Trust Fund (other than the Mass Transit Account).
(g) PILOT TOLL COLLECTION PROGRAM.—Section 129 of title
23, United States Code, is amended by striking subsection (d).
(h) CONGRESSIONAL BRIDGE COMMISSIONS.—Public Law 87–441
(76 Stat. 59) is repealed.
(i) ISTEA HIGH PRIORITY CORRIDORS.—
(1) IN GENERAL.—Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032–2033)
is amended—
(A) by striking paragraph (5)(B)(iii)(I)(ff) and inserting
the following:
‘‘(ff) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Caro-
lina, including a connection to Andrews following
the route 41 corridor and to Camden following
the U.S. Route 521 corridor; and’’;
(B) by striking paragraph (5)(B)(iii)(II)(hh) and insert-
ing the following:
‘‘(hh) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Caro-
lina.’’;
(C) in paragraph (9) by inserting after ‘‘New York’’
the following: ‘‘, including United States Route 322 between
United States Route 220 and I–80’’;
(D) in paragraph (18)—
(i) by striking ‘‘(18) Corridor from Indianapolis,’’
and inserting the following:
‘‘(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69
through Indianapolis,’’; and
(ii) by striking ‘‘and to include’’ and inserting the
following: ‘‘as follows:
‘‘(A) In Michigan, the corridor shall be from Sarnia,
Ontario, Canada, southwesterly along Interstate Route 94
to the Ambassador Bridge interchange in Detroit, Michigan.
‘‘(B) In Michigan and Illinois, the corridor shall be
from Windsor, Ontario, Canada, through Detroit, Michigan,
westerly along Interstate Route 94 to Chicago, Illinois.
‘‘(C) In Tennessee, Mississippi, Arkansas, and Louisi-
ana, the Corridor shall—
H. R. 2400—84
‘‘(i) follow the alignment generally identified in
the Corridor 18 Special Issues Study Final Report;
and
‘‘(ii) include a connection between the Corridor in
the vicinity of Monticello, Arkansas, to Pine Bluff,
Arkansas.
‘‘(D) In the Lower Rio Grande Valley, the Corridor
shall—
‘‘(i) include United States Route 77 from the Rio
Grande River to Interstate Route 37 at Corpus Christi,
Texas, and then to Victoria, Texas, via U.S. Route
77;
‘‘(ii) include United States Route 281 from the
Rio Grande River to Interstate Route 37 and then
to Victoria, Texas, via United States Route 59; and
‘‘(iii) include’’;
(E) in paragraph (21) by striking ‘‘United States Route
17 in the vicinity of Salamanca, New York’’ and inserting
‘‘Interstate Route 80’’;
(F) by inserting ‘‘, including I–29 between Kansas City
and the Canadian border’’ before the period at the end
of paragraph (23); and
(G) by inserting after paragraph (29) the following:
‘‘(30) Interstate Route 5 in the States of California, Oregon,
and Washington, including California State Route 905 between
Interstate Route 5 and the Otay Mesa Port of Entry.
‘‘(31) The Mon-Fayette Expressway and Southern Beltway
in Pennsylvania and West Virginia.
‘‘(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the
Upper Mississippi River Basin near Eau Claire, Wisconsin,
as follows:
‘‘(A) United States Route 151 from the Iowa border
to Fond du Lac via Madison, Wisconsin, then United States
Route 41 from Fond du Lac to Marinette via Oshkosh,
Appleton, and Green Bay, Wisconsin.
‘‘(B) State Route 29 from Green Bay to I–94 via
Wausau, Chippewa Falls, and Eau Claire, Wisconsin.
‘‘(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
‘‘(33) The Capital Gateway Corridor following United States
Route 50 from the proposed intermodal transportation center
connected to I–395 in Washington, D.C., to the intersection
of United States Route 50 with Kenilworth Avenue and the
Baltimore-Washington Parkway in Maryland.
‘‘(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described
as 52.8 miles from east Los Angeles (terminus of Alameda
Corridor) through the San Gabriel Valley terminating at Colton
Junction in San Bernardino. The Southwest Passage shall fol-
low I–10 from San Bernardino to the Arizona State line and
I–8 from San Diego to the Arizona State line.
‘‘(35) Everett-Tacoma FAST Corridor.
‘‘(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I–90 in Pennsyl-
vania.
H. R. 2400—85
‘‘(37) United States Route 90 from I–49 in Lafayette, Louisi-
ana, to I–10 in New Orleans.
‘‘(38) The Ports-to-Plains Corridor from the Mexican Border
via I–27 to Denver, Colorado.
‘‘(39) United States Route 63 from Marked Tree, Arkansas,
to I–55.
‘‘(40) The Greensboro Corridor from Danville, Virginia, to
Greensboro, North Carolina, along United States Route 29.
‘‘(41) The Falls-to-Falls Corridor—United States Route 53
from International Falls on the Minnesota/Canada border to
Chippewa Falls, Wisconsin.
‘‘(42) The portion of Corridor V of the Appalachian develop-
ment highway system from Interstate Route 55 near Batesville,
Mississippi, to the intersection with Corridor X of the Appalach-
ian development highway system near Fulton, Mississippi, and
the portion of Corridor X of the Appalachian development high-
way system from near Fulton, Mississippi, to the intersection
with Interstate Route 65 near Birmingham, Alabama.
‘‘(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State bor-
der.’’.
(2) 
PROVISIONS
APPLICABLE
TO
CORRIDORS.—Section
1105(e)(5)(A) of such Act is amended—
(A) by inserting after ‘‘referred to’’ the first place it
appears the following: ‘‘in subsection (c)(1),’’;
(B) by striking ‘‘and’’ the second place it appears; and
(C) by inserting after ‘‘(c)(20)’’ the following: ‘‘, in sub-
section (c)(36), in subsection (c)(37), in subsection (c)(40),
and in subsection (c)(42)’’.
(3) ROUTES.—Section 1105(e)(5) of such Act is further
amended—
(A) in subparagraph (A) by inserting ‘‘(except with
respect to Georgetown County)’’ before ‘‘(iii)’’;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following:
‘‘(B) ROUTES.—
‘‘(i) DESIGNATION.—The routes referred to in sub-
sections (c)(18) and (c)(20) shall be designated as Inter-
state Route I–69. A State having jurisdiction over any
segment of routes referred to in subsections (c)(18)
and (c)(20) shall erect signs identifying such segment
that is consistent with the criteria set forth in sub-
sections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route
I–69, including segments of United States Route 59
in the State of Texas. The segment identified in sub-
section (c)(18)(B)(i) shall be designated as Interstate
Route I–69 East, and the segment identified in sub-
section (c)(18)(B)(ii) shall be designated as Interstate
Route I–69 Central. The State of Texas shall erect
signs identifying such routes as segments of future
Interstate Route I–69.
‘‘(ii) RULEMAKING
TO
DETERMINE
FUTURE
INTER-
STATE SIGN ERECTION CRITERIA.—The Secretary shall
conduct a rulemaking to determine the appropriate
criteria for the erection of signs for future routes on
the Interstate System identified in subparagraph (A).
H. R. 2400—86
Such rulemaking shall be undertaken in consultation
with States and local officials and shall be completed
not later than December 31, 1998.’’;
(D) by striking the last sentence of subparagraph (A)
and inserting it as the first sentence of subparagraph (B)(i)
(as inserted by subparagraph (C) of this paragraph); and
(E) in subparagraph (D) (as redesignated by subpara-
graph (B) of this paragraph), by striking ‘‘(C)’’ and inserting
‘‘(D)’’.
(j) WINTER HOME HEATING OIL DELIVERY.—Section 346 of the
National Highway System Designation Act of 1995 (109 Stat. 615–
616) is amended—
(1) in subsection (a) by striking ‘‘season in the 6-month
period beginning on November 1, 1996’’ and inserting ‘‘seasons
in the 18-month period beginning on November 1, 1998’’; and
(2) by adding at the end the following:
‘‘(g) STUDY.—Not later than 1 year after the completion of
the pilot program, the Secretary shall submit to Congress a report
on the results of the program, including an assessment of any
impact on public safety.’’.
(k) FUTURE CORRIDOR SEGMENT.—
(1) STUDY.—The Secretary shall conduct a study to deter-
mine the feasibility of providing an Interstate quality road
for a route that runs in south/west direction generally along
United States Route 61 and crosses the Mississippi River in
the vicinity of Memphis, Tennessee, to Highway 79 and gen-
erally follows Highway 79 to Pine Bluff, Arkansas.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for fiscal year 1999 to carry out the study.
(3) APPLICABILITY
OF
TITLE
23, UNITED
STATES
CODE.—
Funds authorized by this subsection shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code, except
that such funds shall remain available until expended.
(l) BATON ROUGE, LOUISIANA.—
(1) REDUCTION IN SCOPE OF PROJECT.—Section 149(a) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 181–198) is amended in paragraph
(47)(B)—
(A) by inserting ‘‘and’’ after the semicolon at the end
of clause (i);
(B) by striking ‘‘; and’’ at the end of clause (ii) and
inserting a period; and
(C) by striking clause (iii).
(2) APPLICABILITY
OF
OBLIGATION
LIMITATION.—Notwith-
standing any other provision of law, the project described in
section 149(a)(47)(B) of such Act shall be subject to any limita-
tion on obligations for Federal-aid highway and highway safety
construction programs.
(m) AMENDMENTS
TO SURFACE TRANSPORTATION ASSISTANCE
ACT OF 1982.—Section 146 of the Surface Transportation Assistance
Act of 1982 (96 Stat. 2130), relating to lane restrictions, is repealed.
(n) SUBSTITUTE PROJECT.—Section 1045 of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (105 Stat. 1994) is amend-
ed in subsection (a)—
H. R. 2400—87
(1) by striking ‘‘(a) APPROVAL OF PROJECT.—Notwithstand-
ing’’ and inserting the following:
‘‘(a) APPROVAL OF PROJECT.—
‘‘(1) Notwithstanding’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State
of Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the substitute
project approved by the Secretary under paragraph (1) and
subsection (c) of this section.’’.
SEC. 1212. MISCELLANEOUS.
(a) STATE TRANSPORTATION DEPARTMENT.—
(1) IN GENERAL.—Section 302 of title 23, United States
Code, is amended—
(A) in subsection (a) by striking the second sentence;
and
(B) by striking subsection (b) and inserting the follow-
ing:
‘‘(b) EFFECT OF COMPLIANCE.—Compliance with subsection (a)
shall have no effect on the eligibility of costs.’’.
(2) CHANGE IN TERM DEFINED.—
(A) IN
GENERAL.—Title 23, United States Code, is
amended—
(i) by striking ‘‘State highway department’’ each
place it appears and inserting ‘‘State transportation
department’’; and
(ii) by striking ‘‘State highway departments’’ each
place it appears and inserting ‘‘State transportation
departments’’.
(B) CONFORMING AMENDMENTS.—
(i) The analysis for chapter 3 of title 23, United
States Code, is amended in the item relating to section
302 by striking ‘‘highway’’ and inserting ‘‘transpor-
tation’’.
(ii) Section 302 of title 23, United States Code,
is amended in the section heading by striking ‘‘high-
way’’ and inserting ‘‘transportation’’.
(iii) Section 201(b) of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended
in the second sentence by striking ‘‘State highway
department’’ 
and 
inserting 
‘‘State 
transportation
department’’.
(iv) Section 138(c) of the Surface Transportation
Assistance Act of 1978 (40 U.S.C. App. (note to section
201 of the Appalachian Regional Development Act of
1965); 92 Stat. 2710) is amended in the first sentence—
(I) by striking ‘‘Federal-aid primary system’’
and inserting ‘‘National Highway System’’; and
(II) by striking ‘‘State highway department’’
and inserting ‘‘State transportation department’’.
(b) INFRASTRUCTURE AWARENESS PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized to fund the
production, in cooperation with a not-for-profit national public
television station and the National Academy of Engineering,
of a documentary about infrastructure that shall demonstrate
H. R. 2400—88
how public works and infrastructure projects stimulate job
growth and the economy and contribute to the general welfare
of the Nation.
(2) FEDERAL SHARE.—
(A) IN
GENERAL.—The Federal share of the cost of
production of the documentary shall be 60 percent. The
non-Federal share shall be provided from private sources
and shall include amounts expended by such sources for
the production before the date of enactment of this Act.
(B) CALCULATION.—The calculation of the Federal and
non-Federal shares under this paragraph shall be made
over the term for which sums are authorized to be appro-
priated under paragraph (3).
(3) FUNDING.—There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $888,000 for fiscal year
1998, and $1,000,000 for each of fiscal years 1999 and 2000.
Such funds shall remain available until expended.
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
paragraph shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share of the
cost of any project under this subsection and the availability
of funds authorized by this subsection shall be determined
in accordance with this subsection.
(c) MASS TRANSPORTATION BUSES.—Section 1023(h)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
127 note) is amended by striking ‘‘the date on which’’ and all
that follows through ‘‘1995’’ and inserting ‘‘October 1, 2003’’.
(d) VEHICLE WEIGHT LIMITATIONS.
(1) IN GENERAL.—Section 127(a) of title 23, United States
Code, is amended—
(A) by inserting before the next to the last sentence
the following: ‘‘With respect to the State of Colorado,
vehicles designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.’’; and
(B) by adding at the end the following: ‘‘The State
of Louisiana may allow, by special permit, the operation
of vehicles with a gross vehicle weight of up to 100,000
pounds for the hauling of sugarcane during the harvest
season, not to exceed 100 days annually. With respect
to Interstate Route 95 in the State of New Hampshire,
State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1, 1987,
and are applicable to State highways other than the Inter-
state System, shall be applicable in lieu of the requirements
of this subsection. With respect to that portion of the Maine
Turnpike designated Interstate Route 95 and 495, and
that portion of Interstate Route 95 from the southern ter-
minus of the Maine Turnpike to the New Hampshire State
line, laws (including regulations) of the State of Maine
concerning vehicle weight limitations that were in effect
on October 1, 1995, and are applicable to State highways
other than the Interstate System, shall be applicable in
lieu of the requirements of this subsection.’’.
(2) STUDIES.—
(A) COLORADO.—
H. R. 2400—89
(i) IN
GENERAL.—In consultation with the Sec-
retary, the State of Colorado shall conduct a study
analyzing the economic, safety, and infrastructure
impacts of the exemption provided by the amendment
made by paragraph (1)(A), including the impact of
not having such an exemption. In preparing the study,
the State shall provide adequate opportunity for public
comment.
(ii) FUNDING.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(B) LOUISIANA.—
(i) IN
GENERAL.—In consultation with the Sec-
retary, the State of Louisiana shall conduct a study
analyzing the economic, safety, and infrastructure
impacts of the exemption provided by the amendment
made by paragraph (1)(B), including the impact of
not having such an exemption. In preparing the study,
the State shall provide adequate opportunity for public
comment.
(ii) FUNDING.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(C) MAINE.—
(i) IN
GENERAL.—In consultation with the Sec-
retary, the State of Maine shall conduct a study analyz-
ing the economic, safety, and infrastructure impacts
of the exemption provided by the amendment made
by paragraph (1)(B), including the impact of not having
such an exemption. In preparing the study, the State
shall provide adequate opportunity for public comment.
(ii) FUNDING.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(D) NEW HAMPSHIRE.—
(i) IN
GENERAL.—In consultation with the Sec-
retary, the State of New Hampshire shall conduct a
study analyzing the economic, safety, and infrastruc-
ture impacts of the exemption provided by the amend-
ment made by paragraph (1)(B), including the impact
of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity
for public comment.
(ii) FUNDING.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(E) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
Funds authorized by this paragraph shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code;
except that such funds shall remain available until
expended.
(k) DRIVER TRAINING AND SAFETY CENTER.—
H. R. 2400—90
(1) IN GENERAL.—The Secretary shall make grants to estab-
lish a driver training and safety center at Connellsville,
Pennsylvania.
(2) PURPOSE.—The purpose of the facility shall be to train
and enhance the driving skills of motor vehicle and emergency
vehicle operators.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this section
$2,500,000 for each of fiscal years 1999 through 2001.
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that the funds shall remain
available until expended.
(l) OHIO RIVER WELCOME CENTER.—
(1) IN GENERAL.—The Secretary shall make grants to estab-
lish a welcome center in Point Pleasant, West Virginia.
(2) ACCESS.—The center shall be accessible by motor
vehicle, bicycle, pedestrian walkway, and river transportation.
(3) FACILITIES.—The center shall include a comfort station,
picnic and sitting plaza, a small amphitheater, a deep river
port, a marina, and a walking trail.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this section
$412,900 for fiscal year 1999, $1,362,500 for fiscal year 2000,
and $699,500 for fiscal year 2001.
(5) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of the
cost of activities carried out using the funds shall be 50 percent
and the funds shall remain available until expended.
(m) PROJECT FLEXIBILITY FOR MINNESOTA.—Notwithstanding
any other provision of law, funds allocated for a project in the
State of Minnesota under section 117 of title 23, United States
Code, may be obligated for any other project in the State for
which funds are so allocated; except that the total amount of funds
authorized for any project for which funds are so allocated shall
not be reduced.
(n) BALTIMORE WASHINGTON PARKWAY.—Notwithstanding any
other provision of law, the Federal share of the cost of a project
for which funds are allocated under section 117 of title 23, United
States Code, for renovation and construction of the Baltimore
Washington Parkway in Prince Georges County, Maryland, shall
be 100 percent.
(o) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
(1) IN GENERAL.—The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety—
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational programs;
and
(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
H. R. 2400—91
(D) AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for each of fiscal years 1998
through 2003.
(E) APPLICABILITY OF TITLE 23.—Funds authorized by
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code, except that the funds
shall remain available until expended.
(p) HEAVY EQUIPMENT OPERATOR TRAINING FACILITY.—
(1) ESTABLISHMENT.—The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota.
The purpose of the facility shall be to develop an appropriate
curriculum for training, and to train operators and future opera-
tors of heavy equipment in the safe use of such equipment.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each of fiscal
years 1998 and 1999 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of establishment of the facility under
this subsection shall be 80 percent and such funds shall remain
available until expended.
(q) MOTOR
CARRIER
OPERATOR
VEHICLE
AND
TRAINING
FACILITY.—
(1) ESTABLISHMENT.—The Secretary shall make grants to
the Commonwealth of Pennsylvania to establish and operate
an advanced tractor trailer safety and operator training facility
in Chambersburg, Pennsylvania. The purpose of the facility
shall be to develop and coordinate an advance curriculum for
the training of operators and future operators of tractor trailers.
The facility shall conduct training on the test track at
Letterkenny Army Depot and the unused segment of the
Pennsylvania Turnpike located in Bedford County, Pennsyl-
vania. The facility shall be operated by a not-for-profit entity
and, when Federal assistance is no longer being provided with
respect to the facility, shall be privately operated.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each of fiscal
years 1998 through 2003 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that such
funds shall remain available until expended and the Federal
share of the cost of establishment and operation of the facility
under this subsection shall be 80 percent.
(r) HIGH PRIORITY LAS VEGAS INTERMODAL CENTER.—
(1) IN GENERAL.—The Secretary shall provide $2,000,000
for fiscal year 1999 and $2,500,000 for fiscal year 2000 for
the High Priority Las Vegas Intermodal Center in Las Vegas,
Nevada.
H. R. 2400—92
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(s) SEISMIC DESIGN.—
(1) IN GENERAL.—The Secretary shall provide—
(A) $8,000,000 for fiscal year 1999 for seismic design
and engineering of the Mississippi/Arkansas Great River
Bridge;
(B) $8,000,000 for fiscal year 1999 to the State of
Missouri for seismic design and deployment; and
(C) $7,000,000 for fiscal year 1999 to the State of
Arkansas for seismic design and deployment.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(t) BILOXI HARBOR, MISSISSIPPI.—The portion of the project
for navigation, Biloxi Harbor, Mississippi, authorized by the River
and Harbor Act of 1960 (74 Stat. 481), for the Bernard Bayou
Channel beginning near the Air Force Oil Terminal at approxi-
mately navigation mile 2.6 and extending downstream to the North-
South 1⁄2 of Section 30, Township 7 South, Range 10 West, Harrison
County, Mississippi, just west of Kremer Boat Yards, is not author-
ized after the date of enactment of this Act.
(u) CLARIFICATION.—Notwithstanding any other provision of
law, the Commonwealth of Pennsylvania is authorized to proceed
with engineering, final design, and construction of Corridor O of
the Appalachian development highway system between Bald Eagle
and Interstate Route 80. All records of decision relating to Corridor
O issued prior to the date of enactment of this Act shall remain
in effect.
(v) BOUNDARY WATERS CANOE AREA.—Effective January 1,
1999, section 4 of the Act of October 21, 1978 (Public Law 95–
495) is amended—
(1) by striking subsection (g) and inserting the following:
‘‘(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles to transport boats across the por-
tages between the Moose Lake Chain and Basswood Lake, Min-
nesota, and between Vermilion Lake and Trout Lake, Minnesota.’’;
and
(2) in subsection (c)(2) by striking ‘‘; Alder, Cook County;
Canoe, Cook County’’.
(w) MISCELLANEOUS PROJECTS.—
(1) REPLACEMENT OF ROSLYN VIADUCT.—
(A) PROJECT.—The Secretary is authorized to carry
out a project for replacement of a segment of the Roslyn
elevated highway (NY25A) on Long Island, New York.
(B) AUTHORIZATION.—There is authorized to be appro-
priated to carry out this paragraph $51,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(2) DESIGN AND ENGINEERING FOR MILLER HIGHWAY.—
(A) PROJECT.—The Secretary is authorized to carry
out a project for design and engineering of the Miller
Highway on the west side of Manhattan, New York.
H. R. 2400—93
(B) AUTHORIZATION.—There is authorized to be appro-
priated to carry out this paragraph $15,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(3) WILLIAMSVILLE TOLL BARRIER.—
(A) PROJECT.—The Secretary is authorized to carry
out a project to relocate a toll barrier complex to relieve
traffic congestion in the Buffalo, New York, area.
(B) AUTHORIZATION.—There is authorized to be appro-
priated to carry out this paragraph $20,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(x) ST. GEORGES, DELAWARE.—The Secretary of the Army shall
transfer all right, title, and interest of the United States in the
highway bridge on United States Route 13 in the vicinity of St.
Georges, Delaware, to the State of Delaware if the transfer is
necessary to facilitate retransfer to a private entity for the purpose
of demonstrating the effectiveness and efficiency of the use of large-
scale composites technology for bridge rehabilitation. In evaluating
the level of service for all Federal crossings over the Chesapeake
and Delaware Canal in Delaware, the total vehicle trips per day
on this transferred bridge shall be attributed to the remaining
Federal crossing at St. Georges, Delaware (the SR1 Bridge). If
the transfer is completed within 180 days after the date of enact-
ment of this Act, the Secretary shall provide $10,000,000 to the
State for the State to use in rehabilitating the bridge.
(y) MOUNT PARAN INTERCHANGE PROJECT
FOR INTERSTATE
ROUTE 75.—Notwithstanding any other provision of law, none of
the funds made available under this Act or title 23, United States
Code, shall be used to carry out a project to construct or improve
the Mount Paran interchange on Interstate Route 75 in Georgia
unless the Atlanta Regional Commission approves the project after
the date of enactment of this Act.
(z) NITTANY PARKWAY.—The Secretary shall designate 31 miles
of Pennsylvania State Route 26 between Huntingdon, Pennsylvania,
and State College, Pennsylvania, as the Nittany Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—
(1) METHODOLOGY.—
(A) EVALUATION.—The Comptroller General of the
United States shall conduct an evaluation of the methodol-
ogy used by the Department of Transportation to determine
highway needs using the highway economic requirement
system (in this subsection referred to as the ‘‘model’’).
(B) REQUIRED ELEMENT.—The evaluation shall include
an assessment of the extent to which the model estimates
an optimal level of highway infrastructure investment,
including an assessment as to when the model may be
overestimating or underestimating investment require-
ments.
(C) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the
evaluation.
(2) STATE INVESTMENT PLANS.—
H. R. 2400—94
(A) STUDY.—In consultation with State transportation
departments and other appropriate State and local officials,
the Comptroller General of the United States shall conduct
a study on the extent to which the model can be used
to provide States with useful information for developing
State transportation investment plans and State infrastruc-
ture investment projections.
(B) REQUIRED ELEMENTS.—The study shall—
(i) identify any additional data that may need to
be collected beyond the data submitted, before the
date of enactment of this Act, to the Federal Highway
Administration through the highway performance mon-
itoring system; and
(ii) identify what additional work, if any, would
be required of the Federal Highway Administration
and the States to make the model useful at the State
level.
(C) REPORT TO CONGRESS.—Not later than 3 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the
study.
(b) INTERNATIONAL ROUGHNESS INDEX.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study on the international roughness index
that is used as an indicator of pavement quality on the Federal-
aid highway system.
(2) REQUIRED
ELEMENTS.—The study shall specify the
extent of usage of the index and the extent to which the
international roughness index measurement is reliable across
different manufacturers and types of pavement.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the study.
(c) USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AID HIGH-
WAY CONSTRUCTION PROJECTS.—
(1) STUDY.—In consultation with the States, State transpor-
tation departments, and law enforcement organizations, the
Secretary shall conduct a study on the extent and effectiveness
of use by States of uniformed police officers on Federal-aid
highway construction projects.
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to Congress a
report on the results of the study, including any legislative
and administrative recommendations of the Secretary.
(d) SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE.—
(1) ASSESSMENT.—The Secretary shall conduct a com-
prehensive assessment of the state of the transportation infra-
structure on the southwest border between the United States
and Mexico (in this subsection referred to as the ‘‘border’’).
(2) CONSULTATION.—In carrying out the assessment, the
Secretary shall consult with—
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;
H. R. 2400—95
(F) the American Commissioner on the International
Boundary Commission, United States and Mexico;
(G) State agencies responsible for transportation and
law enforcement in border States; and
(H) municipal governments and transportation authori-
ties in sister cities in the border area.
(3) REQUIREMENTS.—In carrying out the assessment, the
Secretary shall—
(A) assess the flow of commercial and private traffic
through designated ports of entry on the border;
(B) assess the adequacy of transportation infrastruc-
ture in the border area, including highways, bridges, rail-
way lines, and border inspection facilities;
(C) assess the adequacy of law enforcement and narcot-
ics abatement activities in the border area, as the activities
relate to commercial and private traffic and infrastructure;
(D) assess future demands on transportation infra-
structure in the border area; and
(E) make recommendations to facilitate legitimate
cross-border traffic in the border area, while maintaining
the integrity of the border.
(4) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to Congress a
report on the assessment conducted under this subsection,
including any related legislative and administrative rec-
ommendations.
(e) STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIV-
ERY.—
(1) STUDY.—The Comptroller General shall conduct a study
to assess the impact that a utility company’s failure to relocate
its facilities in a timely manner has on the delivery and cost
of Federal-aid highway and bridge projects. The study shall
also assess the following:
(A) Methods States use to mitigate such delays, includ-
ing the use of the courts to compel cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations on
Federal-aid transportation project sites and, conversely,
penalties assessed on utility companies for utility relocation
delays on such projects.
(C) The extent to which States have used available
technologies, such as subsurface utility engineering, early
in the design of Federal-aid highway and bridge projects
so as to eliminate or reduce the need for or delays due
to utility relocations.
(D) Whether individual States compensate transpor-
tation contractors for business costs incurred by the con-
tractors when Federal-aid highway and bridge projects
under contract to them are delayed by utility-company-
caused delays in utility relocations and any methods used
by States in making any such compensation.
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General shall transmit to
Congress a report on the results of the study with any rec-
ommendations the Comptroller General determines appropriate
as a result of the study.
(f) SPECIALIZED HAULING VEHICLES.—
H. R. 2400—96
(1) STUDY.—The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized hauling
vehicles. The study shall include, at a minimum, an analysis
of the economic, safety, and infrastructure impacts of the stand-
ards.
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(g) STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING.—
(1) STUDY.—The Secretary shall conduct a study to deter-
mine the practices in the States for specific service food signs
described in sections 2G–5.7 and 2G–5.8 of the Manual on
Uniform Traffic Control Devices for Streets and Highways.
The study shall examine, at a minimum—
(A) the practices of all States for determining
businesses eligible for inclusion on such signs;
(B) whether States allow businesses to be removed
from such signs and the circumstances for such removal;
(C) the practices of all States for erecting and maintain-
ing such signs, including the time required for erecting
such signs; and
(D) whether States contract out the erection and
maintenance of such signs.
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, including any recommenda-
tions and, if appropriate, modifications to the Manual.
(h) VEHICLE WEIGHT ENFORCEMENT.—
(1) STUDY.—The Secretary shall conduct a study of State
laws (including regulations) relating to penalties for violation
of State commercial motor vehicle weight laws.
(2) PURPOSE.—The purpose of the study shall be to deter-
mine the effectiveness of State penalties as a deterrent to
illegally overweight trucking operations. The study shall evalu-
ate fine structures, innovative roadside enforcement techniques,
and a State’s ability to penalize shippers and carriers as well
as drivers and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle weight laws.
(3) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any legislative rec-
ommendations of the Secretary.
(i) COMMERCIAL MOTOR VEHICLE STUDY.—
(1) IN GENERAL.—The Secretary shall request the Transpor-
tation Research Board of the National Academy of Sciences
to conduct a study regarding the regulation of weights, lengths,
and widths of commercial motor vehicles operating on Federal-
aid highways to which Federal regulations apply on the date
of enactment of this Act. In conducting the study, the Board
shall review law, regulations, studies (including Transportation
Research Board Special Report 225), and practices and develop
recommendations regarding any revisions to law and regula-
tions that the Board determines appropriate.
(2) FACTORS TO CONSIDER AND EVALUATE.—In developing
recommendations under paragraph (1), the Board shall consider
and evaluate the impact of the recommendations described
H. R. 2400—97
in paragraph (1) on the economy, the environment, safety,
and service to communities.
(3) CONSULTATION.—In carrying out the study, the Board
shall consult with the Department of Transportation, States,
the motor carrier industry, freight shippers, highway safety
groups, air quality and natural resource management groups,
commercial motor vehicle driver representatives, and other
appropriate entities.
(4) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Board shall transmit to Congress and
the Secretary a report on the results of the study conducted
under this subsection.
(5) RECOMMENDATIONS.—Not later than 180 days after the
date of receipt of the report under paragraph (4), the Secretary
may transmit to Congress a report containing comments or
recommendations of the Secretary regarding the Board’s report.
(6) FUNDING.—There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) $250,000 for each of fiscal years 1999 and 2000 to
carry out this subsection.
(7) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of the study under this subsection
shall be 100 percent and such funds shall remain available
until expended.
(j) TRAFFIC ANALYSIS.—
(1) IN GENERAL.—The Secretary shall enter into an agree-
ment with the State of Oklahoma to carry out a traffic analysis
to determine the feasibility of a trade processing center in
McClain County, Oklahoma.
(2) AUTHORIZATION.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $1,000,000 for
fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(k) STUDY
OF INTERSTATE HIGH SPEED GROUND TRANSPOR-
TATION.—
(1) STUDY.—The Secretary shall conduct a study to assess
the feasibility of providing high speed rail passenger service
from Atlanta, Georgia, to Charleston, South Carolina. The study
shall also assess the potential impact of rail service on the
tourism industry.
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives and to the Committee on Environment and Public
Works of the Senate a report on the results of the study,
together with any recommendations the Secretary determines
appropriate as a result of the study.
H. R. 2400—98
SEC. 1214. FEDERAL ACTIVITIES.
(a) ACCESS TO JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS.—
(1) STUDY.—The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing
Arts, and the Department of the Interior and in consultation
with other interested persons, shall conduct a study of methods
to improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(2) REPORT.—Not later than September 30, 1999, the Sec-
retary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Commit-
tee on Environment and Public Works of the Senate a report
containing the results of the study with an assessment of
the impacts (including environmental, aesthetic, economic, and
historical impacts) associated with the implementation of each
of the methods examined under the study.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this subsection
$500,000 for fiscal year 1998.
(4) APPLICABILITY
OF
TITLE
23, UNITED
STATES
CODE.—
Funds authorized by this subsection shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of activities conducted using
such funds shall be 100 percent and such funds shall remain
available until expended.
(b) SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM.—
(1) IN
GENERAL.—The Secretary shall allocate amounts
made available by this subsection for obligation at the discretion
of the Secretary of the Smithsonian Institution, in consultation
with the Secretary, to carry out projects and activities described
in paragraph (2).
(2) ELIGIBLE USES.—Amounts allocated under paragraph
(1) may be obligated only—
(A) for transportation-related exhibitions, exhibits, and
educational outreach programs;
(B) to enhance the care and protection of the Nation’s
collection of transportation-related artifacts;
(C) to acquire historically significant transportation-
related artifacts; and
(D) to support research programs within the Smithso-
nian Institution that document the history and evolution
of transportation, in cooperation with other museums in
the United States.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $1,000,000 for each of fiscal
years 1998 through 2003 to carry out this subsection.
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share of the
cost of any project or activity under this subsection shall be
100 percent and such funds shall remain available until
expended.
H. R. 2400—99
(c) NEW RIVER VISITOR CENTER.—
(1) IN GENERAL.—The Secretary shall allocate to the Sec-
retary of the Interior amounts made available by this subsection
for the planning, design, and construction of a visitor center,
and such other related facilities as may be necessary, to facili-
tate visitor understanding and enjoyment of the scenic, historic,
cultural, and recreational resources of the New River Gorge
National River in the State of West Virginia. The center and
related facilities shall be located at a site for which title is
held by the United States in the vicinity of the I–64 Sandstone
intersection.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this subsection
$1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 1999,
and $9,900,000 for fiscal year 2000.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that such funds shall remain
available until expended.
(d) ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR
STATES WITH INDIAN RESERVATIONS.—
(1) AVAILABILITY
TO
STATES.—Not later than October 1
of each fiscal year, funds made available under paragraph
(5) for the fiscal year shall be made available by the Secretary,
in equal amounts, to each State that has within the boundaries
of the State all or part of an Indian reservation having a
land area of 10,000,000 acres or more.
(2) AVAILABILITY TO ELIGIBLE COUNTIES.—
(A) IN GENERAL.—Each fiscal year, each county that
is located in a State to which funds are made available
under paragraph (1), and that has in the county a public
road described in subparagraph (B), shall be eligible to
apply to the State for all or a portion of the funds made
available to the State under this subsection to be used
by the county to maintain such roads.
(B) ROADS.—A public road referred to in subparagraph
(A) is a public road that—
(i) is within, adjacent to, or provides access to
an Indian reservation described in paragraph (1);
(ii) is used by a school bus to transport children
to or from a school or Headstart program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.);
and
(iii) is maintained by the county in which the
public road is located.
(C) ALLOCATION AMONG ELIGIBLE COUNTIES.—
(i) IN GENERAL.—Except as provided in clause (ii),
each State that receives funds under paragraph (1)
shall provide directly to each county that applies for
funds the amount that the county requests in the
application.
(ii) ALLOCATION AMONG ELIGIBLE COUNTIES.—If the
total amount of funds applied for under this subsection
by eligible counties in a State exceeds the amount
of funds available to the State, the State shall equitably
H. R. 2400—100
allocate the funds among the eligible counties that
apply for funds.
(3) SUPPLEMENTARY FUNDING.—For each fiscal year, the
Secretary shall ensure that funding made available under this
subsection supplements (and does not supplant)—
(A) any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian reserva-
tions; and
(B) any funding provided by a State to a county for
road maintenance programs in the county.
(4) USE OF UNALLOCATED FUNDS.—Any portion of the funds
made available to a State under this subsection that is not
made available to counties within 1 year after the funds are
made available to the State shall be apportioned among the
States in accordance with section 104(b) of title 23, United
States Code.
(5) FUNDING.—
(A) IN
GENERAL.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(B) CONTRACT AUTHORITY.—Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter
1 of title 23, United States Code.
(e) NATIONAL
DEFENSE
HIGHWAYS
OUTSIDE
THE
UNITED
STATES.—
(1) RECONSTRUCTION
PROJECTS.—If the Secretary deter-
mines, after consultation with the Secretary of Defense, that
a highway, or a portion of a highway, located outside the
United States is important to the national defense, the Sec-
retary may carry out a project for reconstruction of the highway
or portion of highway.
(2) FUNDING.—
(A) IN GENERAL.—For each of fiscal years 1998 through
2002, the Secretary may set aside not to exceed $18,800,000
from amounts to be apportioned under section 104(b)(4)
of title 23, United States Code, to carry out this section.
(B) 
AVAILABILITY.—Funds 
made 
available 
under
subparagraph (1) shall remain available until expended.
(f) SACHUEST POINT NATIONAL WILDLIFE REFUGE.—
(1) IN GENERAL.—The Secretary shall provide $200,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to resurface the entrance road to Sachuest Point National Wild-
life Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $200,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(g) RUNWAY REMOVAL AT NINIGRET NATIONAL WILDLIFE REF-
UGE.—
(1) IN GENERAL.—The Secretary shall provide $300,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to remove asphalt runways at Ninigret National Wildlife Refuge
H. R. 2400—101
and $5,000,000 shall be available to the State of Rhode Island
for improvements to the T.F. Green Intermodal Facility in
Rhode Island for each of fiscal years 1999 through 2003.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $5,300,000 for fiscal year 1999
and $5,000,000 for each of fiscal years 2000 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(h) MIDDLETOWN VISITOR CENTER.—
(1) IN GENERAL.—The Secretary shall provide $500,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
for the Middletown visitor center at Sachuest Point National
Wildlife Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $500,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(i) ENTRANCE PAVING AT NINIGRET NATIONAL WILDLIFE REF-
UGE.—
(1) IN GENERAL.—The Secretary shall provide $750,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to pave the entrance road to the Ninigret National Wildlife
Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $750,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(j) EDUCATION CENTER.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for each of fiscal years 1999 through 2003 to the United States
Fish and Wildlife Service for the education visitor center at
the Rhode Island National Wildlife Refuge complex.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for each of fiscal years
1999 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(k) RICHMOND NATIONAL BATTLEFIELD PARK.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for fiscal year 1999 to the National Park Service to revitalize
the Tredegar Iron Works to serve as a visitor center for Rich-
mond National Battlefield Park.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for fiscal year 1999.
H. R. 2400—102
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(l) ACCESS TO CORPS OF ENGINEERS.—
(1) IN GENERAL.—The Secretary shall provide $800,000 for
each of fiscal years 1999 through 2003 to the Corps of Engineers
to be made available to the State of Missouri for resurfacing
and maintenance of city and county roads that provide access
to Corps of Engineers reservoirs.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $800,000 for each of fiscal years
1999 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(m) CIVIL WAR BATTLEFIELD PLAN.—
(1) IN GENERAL.—The Secretary shall provide $250,000 for
each of fiscal years 1999 and 2000 to the Department of the
Interior to be made available to the Shenandoah Valley Battle-
field National Historic District Commission for developing a
plan for the interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $250,000 for each of fiscal years
1999 and 2000.
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(n) DOT HEADQUARTERS FACILITY.—Before taking any action
that leads to Government ownership of the Department of Transpor-
tation headquarters facility, through construction or purchase, the
Administrator of General Services shall first seek approval of the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(o) FORT PECK, MONTANA.—
(1) FORT PECK, MONTANA, VISITORS CENTER.—The Secretary
shall provide funds for the environmental review, planning,
design, and construction of a historical and cultural visitors
center and museum at Fort Peck, Montana.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$3,000,000 for each of fiscal years 1999 and 2000.
(3) APPLICABILITY
OF
TITLE
23, UNITED
STATES
CODE.—
Funds authorized by this subsection shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code; except
that such funds shall remain available until expended.
(p) BRIDGES ON NATCHEZ TRACE PARKWAY, MISSISSIPPI.—
(1) IN GENERAL.—The Secretary shall allocate to the State
of Mississippi amounts available by this subsection to be used
for replacement and widening of the box bridges on the Natchez
H. R. 2400—103
Trace Parkway at Old Canton Road and at Rice Road in Madi-
son County, Mississippi.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this subsection
$5,000,000 for fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain avail-
able until expended.
(q) LOLO PASS VISITOR CENTER.—
(1) GRANTS.—The Secretary shall make grants for the Lolo
Pass Visitor Center in the State of Idaho.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this subsection
$2,943,000 for fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain avail-
able until expended.
(r) PUERTO RICO HIGHWAY PROGRAM.—
(1) IN GENERAL.—The Secretary shall allocate funds author-
ized by section 1101(a)(15) for each of fiscal years 1998 through
2003 to the Commonwealth of Puerto Rico to carry out a high-
way program in such Commonwealth.
(2) APPLICABILITY OF TITLE 23.—Amounts made available
by section 1101(a)(15) of this Act shall be available for obliga-
tion in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code. Such amounts
shall be subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVI-
TIES.
(a) GETTYSBURG, PENNSYLVANIA.—
(1) RESTORATION OF TRAIN STATION.—The Secretary shall
allocate amounts made available by this subsection for the
restoration of the Gettysburg, Pennsylvania, train station.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $400,000 for each of fiscal
years 1998 and 1999 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the
Federal share of the cost of restoration of the train station
under this subsection shall be 80 percent and such funds shall
remain available until expended.
(b) CENTER.—
(1) ESTABLISHMENT.—The Secretary shall allocate funds
made available to carry out this subsection to establish a center
for national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
H. R. 2400—104
designated scenic byway routes in accordance with paragraph
(2).
(2) COMMUNICATIONS
SYSTEMS.—The center for national
scenic byways shall develop and implement communications
systems for the support of the national scenic byways program.
Such communications systems shall provide local officials and
planning groups associated with designated National Scenic
Byways or All-American Roads with proactive, technical, and
customized assistance through the latest technology that allows
scenic byway officials to develop and sustain their National
Scenic Byways or All-American Roads.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share of the
cost of any project under this subsection shall be 100 percent
and such funds shall remain available until expended.
(c) COAL HERITAGE TRAIL.—
(1) IN GENERAL.—The Secretary shall make grants to the
State of West Virginia for the Coal Heritage Scenic Byway
for the purposes set forth in section 204(h) of title 23, United
States Code.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this section
$2,000,000 for each of fiscal years 1999 through 2001.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the funds shall remain
available until expended.
(d) TRAFFIC CALMING MEASURES.—
(1) IN GENERAL.—The Secretary shall provide $5,000,000
for fiscal year 1999 and $2,000,000 for each of fiscal years
2000 through 2003 to implement traffic calming measures in
Fauquier and Loudoun Counties, Virginia.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(e) PEDESTRIAN BRIDGE.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for fiscal year 1999 for a pedestrian bridge over United States
Route 29 at Emmet Street in Charlottesville, Virginia.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(f) INTERPRETIVE CENTER.—
(1) IN GENERAL.—The Secretary shall provide $600,000 for
fiscal year 1999 for construction of the Virginia Blue Ridge
Parkway interpretive center located on the Roanoke River
Gorge in Virginia.
H. R. 2400—105
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(g) CHAIN OF ROCKS BRIDGE.—
(1) IN GENERAL.—The Secretary shall provide $2,000,000
for fiscal year 1999 for the renovation and preservation of
the Missouri Route 66 Chain of Rocks Bridge.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code.
(h) NOISE BARRIERS, DEKALB COUNTY, GEORGIA.—Notwith-
standing any other provision of law, the Secretary shall approve
the construction of Type II noise barriers beginning on the west
side of Interstate Route 285 extending from Northlake Parkway
to Henderson Mill Road in Dekalb County, Georgia, from funds
apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United
States Code.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING
METHODS.
(a) VALUE PRICING PILOT PROGRAM.—
(1) IN GENERAL.—Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended—
(A) in the subsection heading by striking ‘‘CONGESTION’’
and inserting ‘‘VALUE’’;
(B) in paragraph (1)—
(i) by striking ‘‘congestion’’ each place it appears
and inserting ‘‘value’’; and
(ii) by striking ‘‘projects’’ each place it appears
and inserting ‘‘programs’’; and
(C) in paragraph (5)—
(i) by striking ‘‘projects’’ and inserting ‘‘programs’’;
and
(ii) by striking ‘‘traffic, volume’’ and inserting ‘‘traf-
fic volume’’.
(2) INCREASED NUMBER OF PROJECTS.—Section 1012(b)(1)
of such Act is amended in the second sentence by striking
‘‘5’’ and inserting ‘‘15’’.
(3) ELIGIBILITY
OF
PREIMPLEMENTATION
COSTS.—Section
1012(b)(2) of such Act is amended in the second sentence—
(A) by inserting after ‘‘Secretary shall fund’’ the follow-
ing: ‘‘all preimplementation costs and project design, and’’;
and
(B) by inserting after ‘‘Secretary may not fund’’ the
following: ‘‘the preimplementation or implementation costs
of’’.
(4) TOLLING.—Section 1012(b)(4) of such Act is amended
by striking ‘‘a pilot program under this section, but not on
more than 3 of such programs’’ and inserting ‘‘any value pricing
pilot program under this subsection’’.
(5) HOV PASSENGER
REQUIREMENTS.—Section 1012(b) of
such Act is amended by striking paragraph (6) and inserting
the following:
H. R. 2400—106
‘‘(6) HOV PASSENGER
REQUIREMENTS.—Notwithstanding
section 146(c) of title 23, United States Code, a State may
permit vehicles with fewer than 2 occupants to operate in
high occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.’’.
(6) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Section
1012(b) of such Act is amended by adding at the end the
following:
‘‘(7) FINANCIAL
EFFECTS
ON
LOW-INCOME
DRIVERS.—Any
value pricing pilot program under this subsection shall include,
if appropriate, an analysis of the potential effects of the pilot
program on low-income drivers and may include mitigation
measures to deal with any potential adverse financial effects
on low-income drivers.’’.
(7) FUNDING.—Section 1012(b) of such Act (as amended
by paragraph (6)) is amended by adding at the end the follow-
ing:
‘‘(8) FUNDING.—
‘‘(A) IN GENERAL.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$8,000,000 for each of fiscal years 1998 through 2003.
‘‘(B) AVAILABILITY.—Funds allocated by the Secretary
to a State under this subsection shall remain available
for obligation by the State for a period of 3 years after
the last day of the fiscal year for which the funds are
authorized.
‘‘(C) USE OF UNALLOCATED FUNDS.—If the total amount
of funds made available from the Highway Trust Fund
under this subsection for fiscal year 1998 and fiscal years
thereafter but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount—
‘‘(i) shall be apportioned in the following fiscal
year by the Secretary to all States in accordance with
section 104(b)(3) of title 23, United States Code;
‘‘(ii) shall be considered to be a sum made available
for expenditure on the surface transportation program,
except that the amount shall not be subject to section
133(d) of such title; and
‘‘(iii) shall be available for any purpose eligible
for funding under section 133 of such title.
‘‘(D) CONTRACT AUTHORITY.—Funds authorized under
this paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal
share of the cost of any project under this subsection and
the availability of funds authorized by this paragraph shall
be determined in accordance with this subsection.’’.
(b) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION
PILOT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish and
implement an Interstate System reconstruction and rehabilita-
tion pilot program under which the Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code, may
permit a State to collect tolls on a highway, bridge, or tunnel
on the Interstate System for the purpose of reconstructing
and rehabilitating Interstate highway corridors that could not
H. R. 2400—107
otherwise be adequately maintained or functionally improved
without the collection of tolls.
(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary
may permit the collection of tolls under this subsection on
3 facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) ELIGIBILITY.—To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains, at a minimum, the following:
(A) An identification of the facility on the Interstate
System proposed to be a toll facility, including the age,
condition, and intensity of use of the facility.
(B) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning
organization established under section 134 of title 23,
United States Code, for the area has been consulted
concerning the placement and amount of tolls on the facil-
ity.
(C) An analysis demonstrating that the facility could
not be maintained or improved to meet current or future
needs from the State’s apportionments and allocations
made available by this Act (including amendments made
by this Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that includes—
(i) a plan for implementing the imposition of tolls
on the facility;
(ii) a schedule and finance plan for the reconstruc-
tion or rehabilitation of the facility using toll revenues;
(iii) a description of the public transportation
agency that will be responsible for implementation and
administration of the pilot program;
(iv) a description of whether consideration will be
given to privatizing the maintenance and operational
aspects of the facility, while retaining legal and
administrative control of the portion of the Interstate
route; and
(v) such other information as the Secretary may
require.
(4) SELECTION CRITERIA.—The Secretary may approve the
application of a State under paragraph (3) only if the Secretary
determines that—
(A) the State is unable to reconstruct or rehabilitate
the proposed toll facility using existing apportionments;
(B) the facility has a sufficient intensity of use, age,
or condition to warrant the collection of tolls;
(C) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and inter-
state travelers;
(D) the State plan for reconstruction or rehabilitation
of the facility using toll revenues is reasonable; and
(E) the State has given preference to the use of a
public toll agency with demonstrated capability to build,
operate, and maintain a toll expressway system meeting
criteria for the Interstate System.
H. R. 2400—108
(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the
Secretary may permit a State to participate in the pilot pro-
gram, the State must enter into an agreement with the Sec-
retary that provides that—
(A) all toll revenues received from operation of the
toll facility will be used only for—
(i) debt service;
(ii) reasonable return on investment of any private
person financing the project; and
(iii) any costs necessary for the improvement of
and the proper operation and maintenance of the toll
facility, including reconstruction, resurfacing, restora-
tion, and rehabilitation of the toll facility; and
(B) regular audits will be conducted to ensure compli-
ance with subparagraph (A) and the results of such audits
will be transmitted to the Secretary.
(6) LIMITATION
ON
USE
OF
INTERSTATE
MAINTENANCE
FUNDS.—During the term of the pilot program, funds appor-
tioned for Interstate maintenance under section 104(b)(4) of
title 23, United States Code, may not be used on a facility
for which tolls are being collected under the program.
(7) PROGRAM TERM.—The Secretary shall conduct the pilot
program under this subsection for a term to be determined
by the Secretary, but not less than 10 years.
(8) INTERSTATE SYSTEM DEFINED.—In this subsection, the
term ‘‘Interstate System’’ has the meaning such term has under
section 101 of title 23, United States Code.
SEC. 1217. ELIGIBILITY.
(a) SAN MATEO COUNTY, CALIFORNIA.—Notwithstanding any
other provision of law, a project to repair or reconstruct any portion
of a Federal-aid primary route in San Mateo County, California,
that—
(1) was destroyed as a result of a combination of storms
in the winter of 1982–1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal
plan.
(b) AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.—
(1) IN GENERAL.—Notwithstanding section 129 of title 23,
United States Code, or any other provision of law, improve-
ments to access roads and construction of access roads,
approaches, and related facilities (such as signs, lights, and
signals) necessary to connect the Ambassador Bridge in Detroit,
Michigan, to the Interstate System shall be eligible for funds
apportioned under paragraphs (1) and (3) of section 104(b)
of such title.
(2) USE OF FUNDS.—Funds described in paragraph (1) shall
not be used for any improvement to, or construction of, the
bridge itself.
(c) CUYAHOGA RIVER BRIDGE, OHIO.—Notwithstanding any
other provision of law, a project to construct a new bridge over
the Cuyahoga River in Cleveland, Ohio, shall be eligible for funds
apportioned under section 104(b)(3) of such title.
H. R. 2400—109
(d) CONNECTICUT.—In fiscal year 1998, the State of Connecticut
may transfer any funds remaining available for obligation under
section 104(b)(4) of title 23, United States Code, as in effect on
the day before the date of the enactment of this Act, for construction
of the Interstate System to any other program eligible for assistance
under chapter 1 of such title. Before making any distribution of
the obligation limitation under section 1102(c)(6) of this Act, the
Secretary shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to obligate
funds available for transfer under this subsection.
(e) INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.—
The International Bridge Authority, or its successor organization,
shall be permitted to continue collecting tolls for maintenance of,
operation of, capital improvements to, and future expansions to
the International Bridge, Sault Ste. Marie, Michigan, and its
approaches, plaza areas, and associated structures.
(f) INFORMATION SERVICES.—A food business that would other-
wise be eligible to display a mainline business logo on a specific
service food sign described in section 2G–5.7(4) of part IIG of
the 1988 edition of the Manual on Uniform Traffic Control Devices
for Streets and Highways under the requirements specified in that
section, but for the fact that the business is open 6 days a week,
cannot be prohibited from inclusion on such a food sign.
(g) CONTINUANCE
OF COMMERCIAL OPERATIONS
AT CERTAIN
SERVICE PLAZAS IN THE STATE OF MARYLAND.—
(1) WAIVER.—Notwithstanding section 111 of title 23,
United States Code, and the agreements described in paragraph
(2), at the request of the Maryland Transportation Authority,
the Secretary shall allow the continuance of commercial oper-
ations at the service plazas on the John F. Kennedy Memorial
Highway on Interstate Route 95.
(2) AGREEMENTS.—The agreements referred to in para-
graph (1) are agreements between the Department of Transpor-
tation of the State of Maryland and the Federal Highway
Administration concerning the highway described in paragraph
(1).
(h) WELCOME CENTER PILOT PROJECT.—
(1) IN
GENERAL.—The Secretary shall permit the State
of Georgia to conduct a pilot project to acquire, construct,
operate, and maintain a demonstration safety rest area and
information center along Interstate Route 75 in Cobb County,
Georgia, in accordance with paragraph (2).
(2) INFORMATION CENTER AND SYSTEM.—The center may
provide goods and information that is of interest to the traveling
public, including commercial advertising and media displays,
if such advertising and displays are—
(A) exhibited solely within any facility constructed in
the rest area; and
(B) not legible from the main traveled way.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress a report on the results of the pilot project.
(i) SOUTHERN CALIFORNIA.—Notwithstanding section 120(l)(1)
of title 23, United States Code—
(1) private entity expenditures to construct the SR–91 toll
road located in Orange County, California, from SR–55 to the
H. R. 2400—110
Riverside County line may be credited toward the State match-
ing share for any Federal-aid project beginning construction
after the SR–91 toll road was opened to traffic; and
(2) private expenditures for the future SR–125 toll road
in San Diego County, California, from SR–905 to San Miguel
Road may be credited against the State match share for Fed-
eral-aid highway projects beginning after SR–125 is opened
to traffic.
(j) TOLLS ON PENNSYLVANIA TURNPIKE.—Notwithstanding any
other provision of law, no tolls shall be collected during the 6-
year period beginning on the date of enactment of this Act on
the Pennsylvania Turnpike for travel either entering Bedford and
exiting Breezewood, Pennsylvania, or entering Breezewood and
exiting Bedford.
(k) VICKSBURG
AND JACKSON, MISSISSIPPI.—Notwithstanding
any other provision of this Act, funds authorized by this Act (includ-
ing amendments made by this Act) for transportation projects in
the State of Mississippi may be used for the purpose of constructing,
reconstructing, or rehabilitating rail lines in the vicinity of Vicks-
burg and Jackson, Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.
(a) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
‘‘§ 322. Magnetic levitation transportation technology deploy-
ment program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’—
‘‘(A) means the capital cost of the fixed guideway infra-
structure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components
attached to guideways, power distribution facilities (includ-
ing substations), control and communications facilities,
access roads, and storage, repair, and maintenance facili-
ties, but not including costs incurred for a new station;
and
‘‘(B) includes the costs of preconstruction planning
activities.
‘‘(2) FULL
PROJECT
COSTS.—The term ‘full project costs’
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
‘‘(3) MAGLEV.—The term ‘MAGLEV’ means transportation
systems employing magnetic levitation that would be capable
of safe use by the public at a speed in excess of 240 miles
per hour or under 50 miles per hour.
‘‘(4) PARTNERSHIP
POTENTIAL.—The term ‘partnership
potential’ has the meaning given the term in the commercial
feasibility study of high-speed ground transportation conducted
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1978).
‘‘(b) FINANCIAL ASSISTANCE.—
H. R. 2400—111
‘‘(1) IN
GENERAL.—The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section. Financial
assistance made available under this section and projects
assisted with the assistance shall be subject to section 5333(a)
of title 49, United States Code.
‘‘(2) FEDERAL
SHARE.—The Federal share of full project
costs under paragraph (1) shall be not more than 2⁄3.
‘‘(3) USE
OF
ASSISTANCE.—Financial assistance provided
under paragraph (1) shall be used only to pay eligible project
costs of projects selected under this section.
‘‘(c) SOLICITATION OF APPLICATIONS FOR ASSISTANCE.—Not later
than 180 days after the date of enactment of this subsection, the
Secretary shall solicit applications from States, or authorities des-
ignated by 1 or more States, for financial assistance authorized
by subsection (b) for planning, design, and construction of eligible
MAGLEV projects.
‘‘(d) PROJECT ELIGIBILITY.—To be eligible to receive financial
assistance under subsection (b), a project shall—
‘‘(1) involve a segment or segments of a high-speed or
low-speed ground transportation corridor that exhibit partner-
ship potential;
‘‘(2) require an amount of Federal funds for project financ-
ing that will not exceed the sum of—
‘‘(A) the amounts made available under subsection
(h)(1)(A); and
‘‘(B) the amounts made available by States under sub-
section (h)(4);
‘‘(3) result in an operating transportation facility that pro-
vides a revenue producing service;
‘‘(4) be undertaken through a public and private partner-
ship, with at least 1⁄3 of full project costs paid using non-
Federal funds;
‘‘(5) satisfy applicable statewide and metropolitan planning
requirements;
‘‘(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States;
‘‘(7) to the extent that non-United States MAGLEV tech-
nology is used within the United States, be carried out as
a technology transfer project; and
‘‘(8) be carried out using materials at least 70 percent
of which are manufactured in the United States.
‘‘(e) PROJECT SELECTION CRITERIA.—Prior to soliciting applica-
tions, the Secretary shall establish criteria for selecting which
eligible projects under subsection (d) will receive financial assistance
under subsection (b). The criteria shall include the extent to which—
‘‘(1) a project is nationally significant, including the extent
to which the project will demonstrate the feasibility of deploy-
ment of MAGLEV technology throughout the United States;
‘‘(2) timely implementation of the project will reduce conges-
tion in other modes of transportation and reduce the need
for additional highway or airport construction;
‘‘(3) States, regions, and localities financially contribute
to the project;
‘‘(4) implementation of the project will create new jobs
in traditional and emerging industries;
H. R. 2400—112
‘‘(5) the project will augment MAGLEV networks identified
as having partnership potential;
‘‘(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
‘‘(7) 
financial 
assistance 
would 
foster 
the 
timely
implementation of a project; and
‘‘(8) life-cycle costs in design and engineering are considered
and enhanced.
‘‘(f) PROJECT SELECTION.—
‘‘(1) PRECONSTRUCTION
PLANNING
ACTIVITIES.—Not later
than 90 days after a deadline established by the Secretary
for the receipt of applications, the Secretary shall evaluate
the eligible projects in accordance with the selection criteria
and select 1 or more eligible projects to receive financial assist-
ance for preconstruction planning activities, including—
‘‘(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements
and assessments as are required under State law;
‘‘(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under para-
graph (2); and
‘‘(C) such other activities as are necessary to provide
the Secretary with sufficient information to evaluate
whether a project should receive financial assistance for
final design, engineering, and construction activities under
paragraph (2).
‘‘(2) FINAL
DESIGN, 
ENGINEERING, 
AND
CONSTRUCTION
ACTIVITIES.—After completion of preconstruction planning
activities for all projects assisted under paragraph (1), the
Secretary shall select 1 of the projects to receive financial
assistance for final design, engineering, and construction activi-
ties.
‘‘(g) JOINT VENTURES.—A project undertaken by a joint venture
of United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology
in the United States) shall be eligible for financial assistance under
this section if the project is eligible under subsection (d) and selected
under subsection (f).
‘‘(h) FUNDING.—
‘‘(1) IN GENERAL.—
‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION OF APPRO-
PRIATIONS.—
‘‘(i) IN GENERAL.—There is authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section
$15,000,000 for fiscal year 1999, $20,000,000 for fiscal
year 2000, and $25,000,000 for fiscal year 2001.
‘‘(ii) CONTRACT AUTHORITY.—Funds authorized by
this subparagraph shall be available for obligation in
the same manner as if the funds were apportioned
under chapter 1, except that—
‘‘(I) the Federal share of the cost of a project
carried out under this section shall be determined
in accordance with subsection (b); and
‘‘(II) the availability of the funds shall be
determined in accordance with paragraph (2).
H. R. 2400—113
‘‘(B) NONCONTRACT
AUTHORITY
AUTHORIZATION
OF
APPROPRIATIONS.—
‘‘(i) IN
GENERAL.—There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$200,000,000 for each of fiscal years 2000 and 2001,
$250,000,000 for fiscal year 2002, and $300,000,000
for fiscal year 2003.
‘‘(ii) 
AVAILABILITY.—Notwithstanding 
section
118(a), funds made available under clause (i) shall
not be available in advance of an annual appropriation.
‘‘(2) AVAILABILITY OF FUNDS.—Funds made available under
paragraph (1) shall remain available until expended.
‘‘(3) OTHER FEDERAL FUNDS.—Notwithstanding any other
provision of law, funds made available to a State to carry
out the surface transportation program under section 133 and
the congestion mitigation and air quality improvement program
under section 149 may be used by the State to pay a portion
of the full project costs of an eligible project selected under
this section, without requirement for non-Federal funds.
‘‘(4) OTHER ASSISTANCE.—Notwithstanding any other provi-
sion of law, an eligible project selected under this section shall
be eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st Cen-
tury, including loans, loan guarantees, and lines of credit.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after the
item relating to section 321 the following:
‘‘322. Magnetic levitation transportation technology deployment program.’’.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 162. National scenic byways program
‘‘(a) DESIGNATION OF ROADS.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a national
scenic byways program that recognizes roads having outstand-
ing scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as National
Scenic Byways or All-American Roads.
‘‘(2) CRITERIA.—The Secretary shall designate roads to be
recognized under the national scenic byways program in accord-
ance with criteria developed by the Secretary.
‘‘(3) NOMINATION.—To be considered for the designation,
a road must be nominated by a State or a Federal land manage-
ment agency and must first be designated as a State scenic
byway or, in the case of a road on Federal land, as a Federal
land management agency byway.
‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants and
provide technical assistance to States to—
‘‘(A) implement projects on highways designated as
National Scenic Byways or All-American Roads, or as State
scenic byways; and
‘‘(B) plan, design, and develop a State scenic byway
program.
H. R. 2400—114
‘‘(2) PRIORITIES.—In making grants, the Secretary shall
give priority to—
‘‘(A) each eligible project that is associated with a
highway that has been designated as a National Scenic
Byway or All-American Road and that is consistent with
the corridor management plan for the byway;
‘‘(B) each eligible project along a State-designated sce-
nic byway that is consistent with the corridor management
plan for the byway, or is intended to foster the development
of such a plan, and is carried out to make the byway
eligible for designation as a National Scenic Byway or
All-American Road; and
‘‘(C) each eligible project that is associated with the
development of a State scenic byway program.
‘‘(c) ELIGIBLE PROJECTS.—The following are projects that are
eligible for Federal assistance under this section:
‘‘(1) An activity related to the planning, design, or develop-
ment of a State scenic byway program.
‘‘(2) Development and implementation of a corridor manage-
ment plan to maintain the scenic, historical, recreational, cul-
tural, natural, and archaeological characteristics of a byway
corridor while providing for accommodation of increased tourism
and development of related amenities.
‘‘(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic
and changes in the types of vehicles using the highway as
a result of the designation as a State scenic byway, National
Scenic Byway, or All-American Road.
‘‘(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, passing lane, overlook, or interpretive facility.
‘‘(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including water-
related recreation.
‘‘(6) Protection of scenic, historical, recreational, cultural,
natural, and archaeological resources in an area adjacent to
a scenic byway.
‘‘(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
‘‘(8) Development and implementation of a scenic byway
marketing program.
‘‘(d) LIMITATION.—The Secretary shall not make a grant under
this section for any project that would not protect the scenic, histori-
cal, recreational, cultural, natural, and archaeological integrity of
a highway and adjacent areas.
‘‘(e) SAVINGS CLAUSE.—The Secretary shall not withhold any
grant or impose any requirement on a State as a condition of
providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority provided
in this chapter.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of carrying
out a project under this section shall be 80 percent, except that,
in the case of any scenic byway project along a public road that
provides access to or within Federal or Indian land, a Federal
H. R. 2400—115
land management agency may use funds authorized for use by
the agency as the non-Federal share.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by adding at the end the following:
‘‘162. National scenic byways program.’’.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.
(a) IN GENERAL.—
(1) ELIMINATION.—The Secretary shall eliminate any pro-
grammatic decisionmaking responsibility of the regional offices
of the Federal Highway Administration for the Federal-aid
highway program as part of the Administration’s efforts to
restructure its field organization.
(2) ACTIVITIES.—In carrying out paragraph (1), the Sec-
retary shall eliminate regional offices, create technical resource
centers, and, to the maximum extent practicable, delegate
authority to State offices of the Federal Highway Administra-
tion.
(b) PREFERENCE.—In locating the technical resource centers,
the Secretary shall give preference to cities that house, on the
date of enactment of this Act, the Federal Highway Administration
regional offices and are in locations that minimize the travel dis-
tance between the technical resource centers and the Federal High-
way Administration division offices that will be served by the new
technical resource centers.
(c) REPORT
TO CONGRESS.—The Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a detailed implementation plan to carry out
this section not later than September 30, 1998, and thereafter
provide periodic progress reports on carrying out this section to
such Committees.
(d) IMPLEMENTATION.—The Secretary shall begin implementa-
tion of the plan transmitted under subsection (c) not later than
December 31, 1998.
SEC. 
1221. 
TRANSPORTATION 
AND 
COMMUNITY 
AND 
SYSTEM
PRESERVATION PILOT PROGRAM.
(a) ESTABLISHMENT.—In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish a
comprehensive initiative to investigate and address the relation-
ships between transportation and community and system preserva-
tion and identify private sector-based initiatives.
(b) RESEARCH.—
(1) IN GENERAL.—In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the Sec-
retary shall carry out a comprehensive research program to
investigate the relationships between transportation, commu-
nity preservation, and the environment and the role of the
private sector in shaping such relationships.
(2) REQUIRED ELEMENTS.—The program shall provide for
monitoring and analysis of projects carried out with funds
made available to carry out subsections (c) and (d).
(c) PLANNING.—
(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
H. R. 2400—116
planning organizations, and local governments to plan, develop,
and implement strategies to integrate transportation and
community and system preservation plans and practices.
(2) PURPOSES.—The purposes of the allocations shall be—
(A) to improve the efficiency of the transportation
system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments
in public infrastructure;
(D) to provide efficient access to jobs, services, and
centers of trade; and
(E) to examine development patterns and identify
strategies to encourage private sector development patterns
which achieve the goals identified in subparagraphs (A)
through (D).
(3) CRITERIA.—In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that—
(A) propose projects for funding that address the pur-
poses described in paragraph (2); and
(B) 
demonstrate 
a 
commitment 
of 
non-Federal
resources to the proposed projects.
(4) ADDITIONAL CRITERIA.—In addition, the Secretary shall
give consideration to applicants that demonstrate a commit-
ment to public and private involvement, including involvement
of nontraditional partners in the project team.
(d) ALLOCATION OF FUNDS FOR IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to carry out
projects to address transportation efficiency and community
and system preservation.
(2) CRITERIA.—In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that—
(A) have instituted preservation or development plans
and programs that—
(i) meet the requirements of title 23 and chapter
53 of title 49, United States Code; and
(ii)(I) are coordinated with State and local adopted
preservation or development plans;
(II) are intended to promote cost-effective and
strategic investments in transportation infrastructure
that minimize adverse impacts on the environment;
or
(III) are intended to promote innovative private
sector strategies.
(B) have instituted other policies to integrate transpor-
tation and community and system preservation practices,
such as—
(i) spending policies that direct funds to high-
growth areas;
(ii) urban growth boundaries to guide metropolitan
expansion;
H. R. 2400—117
(iii) ‘‘green corridors’’ programs that provide access
to major highway corridors for areas targeted for effi-
cient and compact development; or
(iv) other similar programs or policies as deter-
mined by the Secretary;
(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
(D) examine ways to encourage private sector invest-
ments that address the purposes of this section; and
(E) propose projects for funding that address the pur-
poses described in subsection (c)(2).
(3) EQUITABLE DISTRIBUTION.—In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
(4) USE OF ALLOCATED FUNDS.—
(A) IN GENERAL.—An allocation of funds made available
to carry out this subsection shall be used by the recipient
to implement the projects proposed in the application to
the Secretary.
(B) TYPES OF PROJECTS.—The allocation of funds shall
be available for obligation for—
(i) any project eligible for funding under title 23
or chapter 53 of title 49, United States Code; or
(ii) any other activity relating to transportation
and community and system preservation that the Sec-
retary determines to be appropriate, including corridor
preservation activities that are necessary to imple-
ment—
(I) transit-oriented development plans;
(II) traffic calming measures; or
(III) other coordinated transportation and
community and system preservation practices.
(e) FUNDING.—
(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $20,000,000 for fiscal year
1999 and $25,000,000 for each of fiscal years 2000 through
2003.
(2) CONTRACT AUTHORITY.—Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) IN GENERAL.—Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended—
(1) in the undesignated paragraph relating to Alabama—
(A) by inserting ‘‘Hale,’’ after ‘‘Franklin,’’; and
(B) by inserting ‘‘Macon,’’ after ‘‘Limestone,’’;
(2) in the undesignated paragraph relating to Georgia—
(A) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’; and
(B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’;
(3) in the undesignated paragraph relating to Mississippi
by striking ‘‘and Winston’’ and inserting ‘‘Winston, and
Yalobusha’’; and
H. R. 2400—118
(4) in the undesignated paragraph relating to Virginia—
(A) by inserting ‘‘Montgomery,’’ after ‘‘Lee,’’; and
(B) by inserting ‘‘Rockbridge,’’ after ‘‘Pulaski,’’.
(b) TECHNICAL
AMENDMENT.—Section 405 of such Act is
amended by striking ‘‘section 201’’ and inserting ‘‘sections 201 and
403’’. This amendment ensures that section 403 is still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.
(a) PURPOSE.—The purpose of this section is to authorize the
provision of assistance for, and support of, State and local efforts
concerning surface transportation issues necessary to obtain the
national recognition and economic benefits of participation in the
International Olympic movement, the International Paralympic
movement, and the Special Olympics International movement by
hosting international quadrennial Olympic and Paralympic events,
and Special Olympics International events, in the United States.
(b) PRIORITY
FOR TRANSPORTATION PROJECTS RELATING
TO
OLYMPIC, PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—Notwith-
standing any other provision of law, from funds available to carry
out sections 118(c) and 144(g)(1) of title 23, United States Code,
the Secretary may give priority to funding for a transportation
project relating to an international quadrennial Olympic or
Paralympic event, or a Special Olympics International event, if—
(1) the project meets the extraordinary needs associated
with an international quadrennial Olympic or Paralympic event
or a Special Olympics International event; and
(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
(c) TRANSPORTATION PLANNING ACTIVITIES.—The Secretary may
participate in—
(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an inter-
national quadrennial Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of
title 23, United States Code; and
(2) developing intermodal transportation plans necessary
for the projects in coordination with State and local transpor-
tation agencies.
(d) FUNDING.—Notwithstanding section 5001(a), from funds
made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic, and
a Special Olympics transportation management plan in cooperation
with an Olympic Organizing Committee responsible for hosting,
and State and local communities affected by, an international
quadrennial Olympic or Paralympic event or a Special Olympics
International event.
(e) 
TRANSPORTATION
PROJECTS
RELATING
TO
OLYMPIC,
PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—
(1) IN GENERAL.—The Secretary may provide assistance,
including planning, capital, and operating assistance, to States
and local governments in carrying out transportation projects
relating to an international quadrennial Olympic or Paralympic
event or a Special Olympics International event.
(2) FEDERAL SHARE.—The Federal share of the cost of a
project assisted under this subsection shall not exceed 80 per-
cent.
H. R. 2400—119
(f) ELIGIBLE GOVERNMENTS.—A State or local government shall
be eligible to receive assistance under this section only if the govern-
ment is hosting a venue that is part of an international quadrennial
Olympics that is officially selected by the International Olympic
Committee.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section such sums as
are necessary for each of fiscal years 1998 through 2003.
Subtitle C—Program Streamlining and
Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVA-
TION.
(a) ADVANCE ACQUISITION
OF REAL PROPERTY.—Section 108
of title 23, United States Code, is amended by striking the section
heading and subsection (a) and inserting the following:
‘‘§ 108. Advance acquisition of real property
‘‘(a) IN GENERAL.—
‘‘(1) AVAILABILITY OF FUNDS.—For the purpose of facilitat-
ing the timely and economical acquisition of real property for
a transportation improvement eligible for funding under this
title, the Secretary, upon the request of a State, may make
available, for the acquisition of real property, such funds appor-
tioned to the State as may be expended on the transportation
improvement, under such rules and regulations as the Secretary
may issue.
‘‘(2) CONSTRUCTION.—The agreement between the Secretary
and the State for the reimbursement of the cost of the real
property shall provide for the actual construction of the
transportation improvement within a period not to exceed 20
years following the fiscal year for which the request is made,
unless the Secretary determines that a longer period is reason-
able.’’.
(b) CREDIT FOR ACQUIRED LANDS.—Section 323(b) of such title
is amended—
(1) in the subsection heading, by striking ‘‘DONATED’’ and
inserting ‘‘ACQUIRED’’;
(2) by striking paragraphs (1) and (2) and inserting the
following:
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, the State share of the cost of a project with respect
to which Federal assistance is provided from the Highway
Trust Fund (other than the Mass Transit Account) may be
credited in an amount equal to the fair market value of any
land that—
‘‘(A) is lawfully obtained by the State or a unit of
local government in the State;
‘‘(B) is incorporated into the project;
‘‘(C) is not land described in section 138; and
‘‘(D) the Secretary determines will not influence the
environmental assessment of the project, including—
‘‘(i) the decision as to the need to construct the
project;
H. R. 2400—120
‘‘(ii) the consideration of alternatives; and
‘‘(iii) the selection of a specific location.
‘‘(2) ESTABLISHMENT OF FAIR MARKET VALUE.—The fair mar-
ket value of land incorporated into a project and credited under
paragraph (1) shall be established in the manner determined
by the Secretary, except that—
‘‘(A) the fair market value shall not include any
increase or decrease in the value of donated property
caused by the project; and
‘‘(B) the fair market value of donated land shall be
established as of the earlier of—
‘‘(i) the date on which the donation becomes effec-
tive; or
‘‘(ii) the date on which equitable title to the land
vests in the State.’’;
(3) in paragraph (3) by striking ‘‘agency of a Federal, State,
or local government’’ and inserting ‘‘agency of the Federal
Government’’; and
(4) in paragraph (4) by striking ‘‘to which the donation
is applied’’.
(c) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERN-
MENT TOWARD
THE STATE SHARE.—Section 323 of such title is
amended by adding at the end the following:
‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERN-
MENT TOWARD
THE STATE SHARE.—A contribution by a unit of
local government of real property, funds, or material in connection
with a project eligible for assistance under this title shall be credited
against the State share of the project at the fair market value
of the real property, funds, or material.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 323 of such title is amended by striking the
section heading and inserting the following:
‘‘§ 323. Donations and credits’’.
(2) The analysis for chapter 1 of such title is amended
by striking the item relating to section 108 and inserting the
following:
‘‘108. Advance acquisition of real property.’’.
(3) The analysis for chapter 3 of such title is amended
by striking the item relating to section 323 and inserting the
following:
‘‘323. Donations and credits.’’.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) IN GENERAL.—The Secretary, from time to time as the
work progresses, may make payments to a State for costs of
construction incurred by the State on a project. Such payments
may also be made for the value of the materials—
‘‘(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for the
projects; and
‘‘(2) that are not in the vicinity of the construction if the
Secretary determines that because of required fabrication at
H. R. 2400—121
an off-site location the material cannot be stockpiled in such
vicinity.
‘‘(b) PROJECT AGREEMENT.—No payment shall be made under
this chapter except for a project covered by a project agreement.
After completion of the project in accordance with the project agree-
ment, a State shall be entitled to payment out of the appropriate
sums apportioned or allocated to the State of the unpaid balance
of the Federal share payable for such project.’’;
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection (c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) IN GENERAL.—Section 156 of title 23, United States Code,
is amended to read as follows:
‘‘§ 156. Proceeds from the sale or lease of real property
‘‘(a) MINIMUM CHARGE.—Subject to section 142(f), a State shall
charge, at a minimum, fair market value for the sale, use, lease,
or lease renewal (other than for utility use and occupancy or for
a transportation project eligible for assistance under this title)
of real property acquired with Federal assistance made available
from the Highway Trust Fund (other than the Mass Transit
Account).
‘‘(b) EXCEPTIONS.—The Secretary may grant an exception to
the requirement of subsection (a) for a social, environmental, or
economic purpose.
‘‘(c) USE OF FEDERAL SHARE OF INCOME.—The Federal share
of net income from the revenues obtained by a State under sub-
section (a) shall be used by the State for projects eligible under
this title.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 156
and inserting the following:
‘‘156. Proceeds from the sale or lease of real property.’’.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended
in the first sentence by inserting after ‘‘10 years’’ the following:
‘‘(or such longer period as the State requests and the Secretary
determines to be reasonable)’’.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) IN GENERAL.—Section 106 of title 23, United States Code,
is amended—
(1) by striking the section heading and inserting the
following:
‘‘§ 106. Project approval and oversight’’;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by striking subsections (a) through (d) and inserting
the following:
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION
OF
PLANS, SPECIFICATIONS, AND
ESTI-
MATES.—Except as otherwise provided in this section, each
State transportation department shall submit to the Secretary
for approval such plans, specifications, and estimates for each
proposed project as the Secretary may require.
H. R. 2400—122
‘‘(2) PROJECT AGREEMENT.—The Secretary shall act on the
plans, specifications, and estimates as soon as practicable after
the date of their submission and shall enter into a formal
project agreement with the State transportation department
formalizing the conditions of the project approval.
‘‘(3) CONTRACTUAL
OBLIGATION.—The execution of the
project agreement shall be deemed a contractual obligation
of the Federal Government for the payment of the Federal
share of the cost of the project.
‘‘(4) GUIDANCE.—In taking action under this subsection,
the Secretary shall be guided by section 109.
‘‘(b) PROJECT AGREEMENT.—
‘‘(1) PROVISION OF STATE FUNDS.—The project agreement
shall make provision for State funds required to pay the State’s
non-Federal share of the cost of construction of the project
and to pay for maintenance of the project after completion
of construction.
‘‘(2) REPRESENTATIONS OF STATE.—If a part of the project
is to be constructed at the expense of, or in cooperation with,
political subdivisions of the State, the Secretary may rely on
representations made by the State transportation department
with respect to the arrangements or agreements made by the
State transportation department and appropriate local officials
for ensuring that the non-Federal contribution will be provided
under paragraph (1).
‘‘(c) ASSUMPTION
BY
STATES
OF
RESPONSIBILITIES
OF
THE
SECRETARY.—
‘‘(1) NON-INTERSTATE NHS PROJECTS.—For projects under
this title that are on the National Highway System but not
on the Interstate System, the State may assume the responsibil-
ities of the Secretary under this title for design, plans, specifica-
tions, estimates, contract awards, and inspections of projects
unless the State or the Secretary determines that such assump-
tion is not appropriate.
‘‘(2) NON-NHS PROJECTS.—For projects under this title that
are not on the National Highway System, the State shall
assume the responsibilities of the Secretary under this title
for design, plans, specifications, estimates, contract awards,
and inspection of projects, unless the State determines that
such assumption is not appropriate.
‘‘(3) AGREEMENT.—The Secretary and the State shall enter
into an agreement relating to the extent to which the State
assumes the responsibilities of the Secretary under this sub-
section.
‘‘(4) LIMITATION ON AUTHORITY OF SECRETARY.—The Sec-
retary may not assume any greater responsibility than the
Secretary is permitted under this title on September 30, 1997,
except upon agreement by the Secretary and the State.
‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Nothing in this sec-
tion, section 133, or section 149 shall affect or discharge any respon-
sibility or obligation of the Secretary under—
‘‘(1) section 113 or 114; or
‘‘(2) any Federal law other than this title (including section
5333 of title 49).
‘‘(e) VALUE ENGINEERING ANALYSIS.—For such projects as the
Secretary determines advisable, plans, specifications, and estimates
H. R. 2400—123
for proposed projects on any Federal-aid highway shall be accom-
panied by a value engineering analysis or other cost reduction
analysis.’’.
(b) FINANCIAL PLAN.—Section 106 of such title (as amended
by subsection (a)(2)), is amended by adding at the end the following:
‘‘(h) FINANCIAL PLAN.—A recipient of Federal financial assist-
ance for a project under this title with an estimated total cost
of $1,000,000,000 or more shall submit to the Secretary an annual
financial plan for the project. The plan shall be based on detailed
annual estimates of the cost to complete the remaining elements
of the project and on reasonable assumptions, as determined by
the Secretary, of future increases in the cost to complete the
project.’’.
(c) LIFE CYCLE COST ANALYSIS.—Section 106 of such title (as
amended by subsection (a)(2)), is amended by striking subsection
(f) and inserting the following:
‘‘(f) LIFE-CYCLE COST ANALYSIS.—
‘‘(1) USE
OF
LIFE-CYCLE
COST
ANALYSIS.—The Secretary
shall develop recommendations for the States to conduct life-
cycle cost analyses. The recommendations shall be based on
the principles contained in section 2 of Executive Order No.
12893 and shall be developed in consultation with the American
Association of State Highway and Transportation Officials. The
Secretary shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the recommendations
required under this subsection.
‘‘(2) LIFE-CYCLE
COST
ANALYSIS
DEFINED.—In this sub-
section, the term ‘life-cycle cost analysis’ means a process for
evaluating the total economic worth of a usable project segment
by analyzing initial costs and discounted future costs, such
as maintenance, user costs, reconstruction, rehabilitation,
restoring, and resurfacing costs, over the life of the project
segment.’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 106
and inserting the following:
‘‘106. Project approval and oversight.’’.
SEC. 1306. STANDARDS.
(a) ELIMINATION OF GUIDELINES AND ANNUAL CERTIFICATION
REQUIREMENTS.—Section 109 of title 23, United States Code, is
amended—
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as sub-
sections (m) through (p), respectively.
(b) SAFETY STANDARDS.—Section 109 of such title (as amended
by subsection (a)), is amended by adding at the end the following:
‘‘(q) PHASE CONSTRUCTION.—Safety considerations for a project
under this title may be met by phase construction consistent with
the operative safety management system established in accordance
with section 303 or in accordance with a statewide transportation
improvement program approved by the Secretary.’’.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) AUTHORITY.—Section 112(b) of title 23, United States Code,
is amended—
H. R. 2400—124
(1) in the first sentence of paragraph (1) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’;
(2) in paragraph (2)(A) by striking ‘‘Each’’ and inserting
‘‘Subject to paragraph (3), each’’; and
(3) by adding at the end the following:
‘‘(3) DESIGN-BUILD CONTRACTING.—
‘‘(A) IN GENERAL.—A State transportation department
or local transportation agency may award a design-build
contract for a qualified project described in subparagraph
(C) using any procurement process permitted by applicable
State and local law.
‘‘(B) LIMITATION ON FINAL DESIGN.—Final design under
a design-build contract referred to in subparagraph (A)
shall not commence before compliance with section 102
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
‘‘(C) QUALIFIED PROJECTS.—A qualified project referred
to in subparagraph (A) is a project under this chapter
for which—
‘‘(i) the Secretary has approved the use of design-
build contracting described in subparagraph (A) under
criteria specified in regulations issued by the Secretary;
and
‘‘(ii) the total costs are estimated to exceed—
‘‘(I) in the case of a project that involves
installation of an intelligent transportation system,
$5,000,000; and
‘‘(II) in the case of any other project,
$50,000,000.
‘‘(D) DESIGN-BUILD CONTRACT DEFINED.—In this para-
graph, the term ‘design-build contract’ means an agreement
that provides for design and construction of a project by
a contractor, regardless of whether the agreement is in
the form of a design-build contract, a franchise agreement,
or any other form of contract approved by the Secretary.’’.
(b) INAPPLICABILITY
OF
STANDARDIZED
CONTRACT
CLAUSE
REQUIREMENT.—Section 112(e)(2) of such title is amended—
(1) by striking ‘‘Paragraph’’ and inserting the following:
‘‘(A) STATE LAW.—Paragraph’’;
(2) by adding at the end the following:
‘‘(B) DESIGN-BUILD
CONTRACTS.—Paragraph (1) shall
not apply to any design-build contract approved under sub-
section (b)(3).’’; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this subsection) with
subparagraph (B) of such section (as added by paragraph (2)
of this subsection).
(c) REGULATIONS.—
(1) IN GENERAL.—Not later than the effective date specified
in subsection (e), after consultation with the American Associa-
tion of State Highway and Transportation Officials and rep-
resentatives from affected industries, the Secretary shall issue
regulations to carry out the amendments made by this section.
(2) CONTENTS.—The regulations shall—
(A) identify the criteria to be used by the Secretary
in approving the use by a State transportation department
H. R. 2400—125
or local transportation agency of design-build contracting;
and
(B) establish the procedures to be followed by a State
transportation department or local transportation agency
for obtaining the Secretary’s approval of the use of design-
build contracting by the department or agency.
(d) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this sec-
tion or the amendments made by this section affects the authority
to carry out, or any project carried out under, any experimental
program concerning design-build contracting that is being carried
out by the Secretary as of the date of enactment of this Act.
(e) EFFECTIVE DATE FOR AMENDMENTS.—
(1) IN GENERAL.—The amendments made by this section
take effect 3 years after the date of enactment of this Act.
(2) TRANSITION PROVISION.—
(A) IN GENERAL.—During the period before issuance
of the regulations under subsection (c), the Secretary may
approve, in accordance with an experimental program
described in subsection (d), design-build contracts to be
awarded using any process permitted by applicable State
and local law; except that final design under any such
contract shall not commence before compliance with section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(B) PREVIOUSLY AWARDED CONTRACTS.—The Secretary
may approve design-build contracts awarded before the
date of enactment of this Act.
(C) DESIGN-BUILD CONTRACT DEFINED.—In this para-
graph, the term ‘‘design-build contract’’ means an agree-
ment that provides for design and construction of a project
by a contractor, regardless of whether the agreement is
in the form of a design-build contract, a franchise agree-
ment, or any other form of contract approved by the Sec-
retary.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 5 years after the date
of enactment of this Act, the Secretary shall submit to Congress
a report on the effectiveness of design-build contracting proce-
dures.
(2) CONTENTS.—The report shall contain—
(A) an assessment of the effect of design-build contract-
ing on project quality, project cost, and timeliness of project
delivery;
(B) recommendations on the appropriate level of design
for design-build procurements;
(C) an assessment of the impact of design-build
contracting on small businesses;
(D) assessment of the subjectivity used in design-build
contracting; and
(E) such recommendations concerning design-build
contracting procedures as the Secretary determines to be
appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study set
forth in section 450.318 of title 23, Code of Federal Regulations,
as a separate requirement, and promulgate regulations to integrate
H. R. 2400—126
such requirement, as appropriate, as part of the analyses required
to be undertaken pursuant to the planning provisions of title 23,
United States Code, and chapter 53 of title 49, United States
Code, and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for Federal-aid highway and transit projects. The
scope of the applicability of such regulations shall be no broader
than the scope of such section.
SEC. 1309. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROCESS.—
(1) DEVELOPMENT
AND
IMPLEMENTATION.—The Secretary
shall develop and implement a coordinated environmental
review process for highway construction projects that require—
(A) the preparation of an environmental impact state-
ment or environmental assessment under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
except that the Secretary may decide not to apply this
section to the preparation of an environmental assessment
under such Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental permit,
license, or approval by operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—
(A) IN
GENERAL.—The coordinated environmental
review process for each project shall ensure that, whenever
practicable (as specified in this section), all environmental
reviews, analyses, opinions, and any permits, licenses, or
approvals that must be issued or made by any Federal
agency for the project concerned shall be conducted concur-
rently and completed within a cooperatively determined
time period. Such process for a project or class of project
may be incorporated into a memorandum of understanding
between the Department of Transportation and Federal
agencies (and, where appropriate, State agencies).
(B) ESTABLISHMENT OF TIME PERIODS.—In establishing
the time period referred to in subparagraph (A), and any
time periods for review within such period, the Department
and all such agencies shall take into account their respec-
tive resources and statutory commitments.
(b) ELEMENTS
OF
COORDINATED
ENVIRONMENTAL
REVIEW
PROCESS.—For each project, the coordinated environmental review
process established under this section shall provide, at a minimum,
for the following elements:
(1) FEDERAL AGENCY IDENTIFICATION.—The Secretary shall,
at the earliest possible time, identify all potential Federal agen-
cies that—
(A) have jurisdiction by law over environmental-related
issues that may be affected by the project and the analysis
of which would be part of any environmental document
required by the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to independently—
(i) conduct an environmental-related review or
analysis; or
(ii) determine whether to issue a permit, license,
or approval or render an opinion on the environmental
impact of the project.
H. R. 2400—127
(2) TIME LIMITATIONS AND CONCURRENT REVIEW.—The Sec-
retary and the head of each Federal agency identified under
paragraph (1)—
(A)(i) shall jointly develop and establish time periods
for review for—
(I) all Federal agency comments with respect to
any environmental review documents required by the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the project; and
(II) all other independent Federal agency environ-
mental analyses, reviews, opinions, and decisions on
any permits, licenses, and approvals that must be
issued or made for the project;
whereby each such Federal agency’s review shall be under-
taken and completed within such established time periods
for review; or
(ii) may enter into an agreement to establish such
time periods for review with respect to a class of project;
and
(B) shall ensure, in establishing such time periods
for review, that the conduct of any such analysis, review,
opinion, and decision is undertaken concurrently with all
other environmental reviews for the project, including the
reviews required by the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); except that such
review may not be concurrent if the affected Federal agency
can demonstrate that such concurrent review would result
in a significant adverse impact to the environment or sub-
stantively alter the operation of Federal law or would not
be possible without information developed as part of the
environmental review process.
(3) FACTORS TO BE CONSIDERED.—Time periods for review
established under this section shall be consistent with the
time periods established by the Council on Environmental Qual-
ity under sections 1501.8 and 1506.10 of title 40, Code of
Federal Regulations.
(4) EXTENSIONS.—The Secretary shall extend any time peri-
ods for review under this section if, upon good cause shown,
the Secretary and any Federal agency concerned determine
that additional time for analysis and review is needed as a
result of new information that has been discovered that could
not reasonably have been anticipated when the Federal agency’s
time periods for review were established. Any memorandum
of understanding shall be modified to incorporate any mutually
agreed-upon extensions.
(c) DISPUTE RESOLUTION.—When the Secretary determines that
a Federal agency which is subject to a time period for its environ-
mental review or analysis under this section has failed to complete
such review, analysis, opinion, or decision on issuing any permit,
license, or approval within the established time period or within
any agreed-upon extension to such time period, the Secretary may,
after notice and consultation with such agency, close the record
on the matter before the Secretary. If the Secretary finds, after
timely compliance with this section, that an environmental issue
related to the project that an affected Federal agency has jurisdic-
tion over by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the
H. R. 2400—128
matter not later than 30 days after the date of the finding by
the Secretary.
(d) PARTICIPATION OF STATE AGENCIES.—For any project eligible
for assistance under chapter 1 of title 23, United States Code,
a State, by operation of State law, may require that all State
agencies that have jurisdiction by State or Federal law over environ-
mental-related issues that may be affected by the project, or that
are required to issue any environmental-related reviews, analyses,
opinions, or determinations on issuing any permits, licenses, or
approvals for the project, be subject to the coordinated environ-
mental review process established under this section unless the
Secretary determines that a State’s participation would not be
in the public interest. For a State to require State agencies to
participate in the review process, all affected agencies of the State
shall be subject to the review process.
(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—
(1) IN GENERAL.—The Secretary may approve a request
by a State to provide funds made available under chapter
1 of title 23, United States Code, to the State for the project
subject to the coordinated environmental review process estab-
lished under this section to affected Federal agencies to provide
the resources necessary to meet any time limits established
under this section.
(2) AMOUNTS.—Such requests under paragraph (1) shall
be approved only—
(A) for the additional amounts that the Secretary deter-
mines are necessary for the affected Federal agencies to
meet the time limits for environmental review; and
(B) if such time limits are less than the customary
time necessary for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
(1) JUDICIAL REVIEW.—Nothing in this section shall affect
the reviewability of any final Federal agency action in a district
court of the United States or in the court of any State.
(2) SAVINGS CLAUSE.—Nothing in this section shall affect
the applicability of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal environ-
mental statute or affect the responsibility of any Federal officer
to comply with or enforce any such statute.
(g) FEDERAL AGENCY DEFINED.—In this section, the term ‘‘Fed-
eral agency’’ means any Federal agency or any State agency carrying
out affected responsibilities required by operation of Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY
FUNDS.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 109 the following:
‘‘§ 110. Uniform transferability of Federal-aid highway funds
‘‘(a) GENERAL RULE.—Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50 percent
of a State’s apportionment under section 104 or 144 for a fiscal
year or at least 50 percent of the funds set-aside under section
133(d) from the State’s apportionment section 104(b)(3) may not
be transferred to any other apportionment of the State under section
104 or 144 for such fiscal year, then the State may transfer not
to exceed 50 percent of such apportionment or set aside to any
H. R. 2400—129
other apportionment of such State under section 104 or 144 for
such fiscal year.
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—No funds may be
transferred under this section that are subject to the last sentence
of section 133(d)(1) or to section 104(f) or to section 133(d)(3).
The maximum amount that a State may transfer under this section
of the State’s set-aside under section 133(d)(1) or 133(d)(2) for
a fiscal year may not exceed 25 percent of (1) the amount of
such set-aside, less (2) the amount of the State’s set-aside under
such section for fiscal year 1997.
‘‘(c) APPLICATION TO CERTAIN CMAQ FUNDS.—The maximum
amount that a State may transfer under this section of the State’s
apportionment under section 104(b)(2) for a fiscal year may not
exceed 50 percent of (1) the amount of such apportionment, less
(2) the amount that the State’s apportionment under section
104(b)(2) for such fiscal year would have been had the program
been funded at $1,350,000,000. Any such funds apportioned under
section 104(b)(2) and transferred under this section may only be
obligated in geographic areas eligible for the obligation of funds
apportioned under section 104(b)(2).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by inserting after the item relating to section
109 the following:
‘‘110. Uniform transferability of Federal-aid highway funds.’’.
Subtitle D—Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Each’’ and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) PROGRAM.—Each’’;
(B) by inserting ‘‘, bicyclists,’’ after ‘‘motorists’’;
(C) by adding at the end the following:
‘‘(2) HAZARDS.—In carrying out paragraph (1), a State may,
at its discretion—
‘‘(A) identify, through a survey, hazards to motorists,
bicyclists, pedestrians, and users of highway facilities; and
‘‘(B) develop and implement projects and programs to
address the hazards.’’; and
(D) by aligning the remainder of the text of paragraph
(1) (as designated by subparagraph (A) of this paragraph)
with paragraph (2) of such subsection (as added by subpara-
graph (C) of this paragraph);
(2) in subsection (b) by striking ‘‘highway safety improve-
ment project’’ and inserting ‘‘safety improvement project, includ-
ing a project described in subsection (a)’’;
(3) in subsection (c) by striking ‘‘on any public road (other
than a highway on the Interstate System).’’ and inserting the
following: ‘‘on—
‘‘(1) any public road;
‘‘(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail; or
‘‘(3) any traffic calming measure.’’;
(4) in subsection (e)—
H. R. 2400—130
(A) by striking ‘‘apportioned to’’ in the first sentence
and all that follows through ‘‘shall be’’ in the second sen-
tence; and
(B) by striking ‘‘section 104(b)(1)’’ and inserting ‘‘section
104(b)’’; and
(5) in subsections (f) and (g) by striking ‘‘highway safety
improvement projects’’ each place it appears and inserting
‘‘safety improvement projects’’.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.
(a) CRASH CUSHIONS.—
(1) GUIDANCE.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions in different road applications,
taking into consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors. The guidance shall include
recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
(2) USE OF GUIDANCE.—States shall use the guidance issued
under this subsection in evaluating the safety and cost-effective-
ness of utilizing different crash cushion designs and determin-
ing whether directive or nonredirective crash cushions or other
safety appurtenances should be installed at specific highway
locations.
(b) TRAFFIC
FLOW
AND
SAFETY
APPLICATIONS
OF
ROAD
BARRIERS.—
(1) STUDY.—The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive separa-
tion at all times between traffic, equipment, and workers on
highway construction projects. The study shall also address
how such technologies can be used to improve capacity and
safety at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
(2) USES TO CONSIDER.—In conducting the study, the Sec-
retary shall consider, at a minimum, uses of positive separation
technologies related to—
(A) separating workers from traffic flow when work
is in progress;
(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours
as needed;
(D) mitigating congestion caused by construction by—
(i) opening all adjacent and available lanes to traf-
fic during peak traffic hours; or
(ii) using reversible lanes to optimize capacity of
the highway by adjusting to directional traffic flow;
and
(E) permanent use of positive separation technologies
to create contraflow or reversible lanes to increase the
capacity of congested highways, bridges, and tunnels.
H. R. 2400—131
(3) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study. The report shall include
findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by striking section 157 and inserting the following:
‘‘§ 157. Safety incentive grants for use of seat belts
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehicle’ means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include
a vehicle operated solely on a rail line.
‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHICLE.—The term
‘multipurpose passenger motor vehicle’ means a motor vehicle
with motive power (except a trailer), designed to carry not
more than 10 individuals, that is constructed on a truck chassis
or is constructed with special features for occasional off-road
operation.
‘‘(3) NATIONAL AVERAGE SEAT BELT USE RATE.—The term
‘national average seat belt use rate’ means, in the case of
each of calendar years 1996 through 2001, the national average
seat belt use rate for that year, as determined by the Secretary.
‘‘(4) PASSENGER CAR.—The term ‘passenger car’ means a
motor vehicle with motive power (except a multipurpose pas-
senger motor vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
‘‘(5) PASSENGER
MOTOR
VEHICLE.—The term ‘passenger
motor vehicle’ means a passenger car or a multipurpose pas-
senger motor vehicle.
‘‘(6) SAVINGS
TO
THE
FEDERAL
GOVERNMENT.—The term
‘savings to the Federal Government’ means the amount of Fed-
eral budget savings relating to Federal medical costs (including
savings under the medicare and medicaid programs under titles
XVIII and XIX of the Social Security Act (42 U.S.C. 1395
et seq.)), as determined by the Secretary.
‘‘(7) SEAT BELT.—The term ‘seat belt’ means—
‘‘(A) with respect to an open-body passenger motor
vehicle, including a convertible, an occupant restraint sys-
tem consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
‘‘(B) with respect to any other passenger motor vehicle,
an occupant restraint system consisting of integrated lap
and shoulder belts.
‘‘(8) STATE
SEAT
BELT
USE
RATE.—The term ‘State seat
belt use rate’ means the rate of use of seat belts in passenger
motor vehicles in a State, as measured and submitted to the
Secretary—
‘‘(A) for each of calendar years 1996 and 1997, by
the State, as weighted by the Secretary to ensure national
consistency in methods of measurement (as determined
by the Secretary); and
H. R. 2400—132
‘‘(B) for each of calendar years 1998 through 2001,
by the State in a manner consistent with the criteria estab-
lished by the Secretary under subsection (e).
‘‘(b) DETERMINATIONS
BY
THE SECRETARY.—Not later than
September 1, 1998, and September 1 of each calendar year there-
after through September 1, 2002, the Secretary shall determine—
‘‘(1)(A) which States had, for each of the previous calendar
years (in this subsection referred to as the ‘previous calendar
year’) and the year preceding the previous calendar year, a
State seat belt use rate greater than the national average
seat belt use rate for that year; and
‘‘(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt
use rate for the previous calendar year exceeds the national
average seat belt use rate for that year; and
‘‘(2) in the case of each State that is not a State described
in paragraph (1)(A)—
‘‘(A) the base seat belt use rate of the State, which
shall be equal to the highest State seat belt use rate
for the State for any calendar year during the period of
1996 through the calendar year preceding the previous
calendar year; and
‘‘(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat
belt use rate for the previous calendar year over the base
seat belt use rate determined under subparagraph (A).
‘‘(c) ALLOCATIONS.—
‘‘(1) STATES WITH GREATER THAN THE NATIONAL AVERAGE
SEAT BELT USE RATE.—Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate to each State described in subsection
(b)(1)(A) an amount equal to the amount determined for the
State under subsection (b)(1)(B).
‘‘(2) OTHER STATES.—Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate to each State described in subsection (b)(2)
an amount equal to the amount determined for the State under
subsection (b)(2)(B).
‘‘(d) USE OF AMOUNTS.—For each fiscal year, each State that
is allocated an amount under this section shall use the amount
for projects eligible for assistance under this title.
‘‘(e) CRITERIA.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall establish criteria for the
measurement of State seat belt use rates by States to ensure
that the measurements are accurate and representative.
‘‘(f) INNOVATIVE SEAT BELT PROJECT ALLOCATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to States
to carry out innovative projects to promote increased seat belt
use rates.
‘‘(2) DETERMINATION
OF
ELIGIBILITY.—To be eligible to
receive an allocation under this subsection for a fiscal year,
a State shall—
‘‘(A) develop a plan for innovative projects described
in paragraph (1); and
H. R. 2400—133
‘‘(B) submit the plan to the Secretary not later than
March 1 of the fiscal year.
‘‘(3) PLAN SELECTION.—
‘‘(A) CRITERIA.—Not later than December 1, 1998, the
Secretary shall establish criteria for the selection of State
plans for allocations under this subsection.
‘‘(B) SELECTION.—The Secretary shall select State
plans for allocations under this subsection in accordance
with the criteria established under subparagraph (A).
‘‘(C) STATES.—In carrying out this paragraph, the Sec-
retary shall ensure, to the maximum extent practicable,
demographic and geographic diversity and a diversity of
seat belt use rates among the States selected for allocations.
‘‘(4) ALLOCATION.—Not later than October 1, 1999, and
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate funds to the States whose plans were
selected under paragraph (3).
‘‘(5) AMOUNT OF ALLOCATIONS.—Subject to the availability
of unallocated amounts under subsection (g)(3), the amount
of each allocation to a State under this subsection shall be
not less than $100,000 for each fiscal year that is covered
by a State plan.
‘‘(6) USE OF ALLOCATIONS.—An allocation to a State under
this subsection shall be used to carry out the innovative seat
belt projects described in the State plan for which the allocation
is awarded.
‘‘(7) FEDERAL
SHARE.—The Federal share of the cost of
an innovative seat belt project under this section shall be
100 percent.
‘‘(8) PERIOD OF AVAILABILITY.—Amounts allocated to a State
under this subsection shall remain available for obligation in
the State for a period of 3 years after the last day of the
fiscal year for which the amounts are allocated.
‘‘(g) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $82,000,000 for fiscal year
1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal
year 2001, $112,000,000 for fiscal year 2002, and $112,000,000
for fiscal year 2003.
‘‘(2) PROPORTIONATE
ADJUSTMENT.—If the total amounts
to be allocated under subsection (c) for any fiscal year would
exceed the amounts authorized for the fiscal year under para-
graph (1), the allocation to each State under subsection (c)
shall be reduced proportionately.
‘‘(3) USE OF UNALLOCATED FUNDS.—
‘‘(A) FISCAL YEAR 1999.—To the extent that the amounts
made available for fiscal year 1999 under paragraph (1)
exceed the total amounts to be allocated under subsection
(c) for fiscal year 1999, the excess amounts—
‘‘(i) shall be apportioned in accordance with section
104(b)(3);
‘‘(ii) shall be considered to be sums made available
for expenditure on the surface transportation program,
except that the amounts shall not be subject to section
133(d); and
H. R. 2400—134
‘‘(iii) shall be available for any purpose eligible
for funding under section 133.
‘‘(B) FISCAL YEARS 2000 THROUGH 2003.—To the extent
that the amounts made available for any of fiscal years
2000 through 2003 under paragraph (1) exceed the total
amounts to be allocated under subsection (c) for the fiscal
year, the excess amounts shall be used to make allocations
under subsection (f).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 157 and inserting the following:
‘‘157. Safety incentive grants for use of seat belts.’’.
(c) SAVINGS CLAUSE.—The amendment made by subsection (a)
shall not affect any funds apportioned or allocated before the date
of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR
VEHICLES BY INTOXICATED PERSONS.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 163. Safety incentives to prevent operation of motor
vehicles by intoxicated persons
‘‘(a) GENERAL AUTHORITY.—The Secretary shall make a grant,
in accordance with this section, to any State that has enacted
and is enforcing a law that provides that any person with a blood
alcohol concentration of 0.08 percent or greater while operating
a motor vehicle in the State shall be deemed to have committed
a per se offense of driving while intoxicated (or an equivalent
per se offense).
‘‘(b) GRANTS.—For each fiscal year, funds authorized to carry
out this section shall be apportioned to each State that has enacted
and is enforcing a law meeting the requirements of subsection
(a) in an amount determined by multiplying—
‘‘(1) the amount authorized to carry out this section for
the fiscal year; by
‘‘(2) the ratio that the amount of funds apportioned to
each such State under section 402 for such fiscal year bears
to the total amount of funds apportioned to all such States
under section 402 for such fiscal year.
‘‘(c) USE OF GRANTS.—A State may obligate funds apportioned
under subsection (b) for any project eligible for assistance under
this title.
‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project
funded under this section shall be 100 percent.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $55,000,000 for fiscal year
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal
year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year 2003.
‘‘(2) AVAILABILITY
OF
FUNDS.—Notwithstanding section
118(b)(2), the funds authorized by this subsection shall remain
available until expended.’’.
H. R. 2400—135
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
‘‘Sec. 163. Safety incentives to prevent operation of motor vehicles by intoxicated
persons.’’.
Subtitle E—Finance
CHAPTER 1—TRANSPORTATION INFRASTRUCTURE
FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE.
This chapter may be cited as the ‘‘Transportation Infrastructure
Finance and Innovation Act of 1998’’.
SEC. 1502. FINDINGS.
Congress finds that—
(1) a well-developed system of transportation infrastructure
is critical to the economic well-being, health, and welfare of
the people of the United States;
(2) traditional public funding techniques such as grant
programs are unable to keep pace with the infrastructure
investment needs of the United States because of budgetary
constraints at the Federal, State, and local levels of government;
(3) major transportation infrastructure facilities that
address critical national needs, such as intermodal facilities,
border crossings, and multistate trade corridors, are of a scale
that exceeds the capacity of Federal and State assistance pro-
grams in effect on the date of enactment of this Act;
(4) new investment capital can be attracted to infrastruc-
ture projects that are capable of generating their own revenue
streams through user charges or other dedicated funding
sources; and
(5) a Federal credit program for projects of national signifi-
cance can complement existing funding resources by filling
market gaps, thereby leveraging substantial private co-invest-
ment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER II—INFRASTRUCTURE FINANCE
‘‘§ 181. Definitions
‘‘In this subchapter, the following definitions apply:
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’ means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including the cost of—
‘‘(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design
work, and other preconstruction activities;
‘‘(B) 
construction, 
reconstruction, 
rehabilitation,
replacement, and acquisition of real property (including
land related to the project and improvements to land),
H. R. 2400—136
environmental mitigation, construction contingencies, and
acquisition of equipment; and
‘‘(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
‘‘(2) FEDERAL
CREDIT
INSTRUMENT.—The term ‘Federal
credit instrument’ means a secured loan, loan guarantee, or
line of credit authorized to be made available under this sub-
chapter with respect to a project.
‘‘(3) INVESTMENT-GRADE
RATING.—The term ‘investment-
grade rating’ means a rating category of BBB minus, Baa3,
or higher assigned by a rating agency to project obligations
offered into the capital markets.
‘‘(4) LENDER.—The term ‘lender’ means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regula-
tion), known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), including—
‘‘(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is
a qualified institutional buyer; and
‘‘(B) a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
‘‘(5) LINE OF CREDIT.—The term ‘line of credit’ means an
agreement entered into by the Secretary with an obligor under
section 184 to provide a direct loan at a future date upon
the occurrence of certain events.
‘‘(6) LOAN GUARANTEE.—The term ‘loan guarantee’ means
any guarantee or other pledge by the Secretary to pay all
or part of the principal of and interest on a loan or other
debt obligation issued by an obligor and funded by a lender.
‘‘(7) LOCAL SERVICER.—The term ‘local servicer’ means—
‘‘(A) a State infrastructure bank established under this
title; or
‘‘(B) a State or local government or any agency of
a State or local government that is responsible for servicing
a Federal credit instrument on behalf of the Secretary.
‘‘(8) OBLIGOR.—The term ‘obligor’ means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partner-
ship, joint venture, trust, or governmental entity, agency, or
instrumentality.
‘‘(9) PROJECT.—The term ‘project’ means—
‘‘(A) any surface transportation project eligible for Fed-
eral assistance under this title or chapter 53 of title 49;
‘‘(B) a project for an international bridge or tunnel
for which an international entity authorized under Federal
or State law is responsible.
‘‘(C) a project for intercity passenger bus or rail facili-
ties and vehicles, including facilities and vehicles owned
by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems;
and
H. R. 2400—137
‘‘(D) a project for publicly owned intermodal surface
freight transfer facilities, other than seaports and airports,
if the facilities are located on or adjacent to National High-
way System routes or connections to the National Highway
System.
‘‘(10) PROJECT OBLIGATION.—The term ‘project obligation’
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
‘‘(11) RATING
AGENCY.—The term ‘rating agency’ means
a bond rating agency identified by the Securities and Exchange
Commission as a Nationally Recognized Statistical Rating
Organization.
‘‘(12) SECURED LOAN.—The term ‘secured loan’ means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of
a project under section 183.
‘‘(13) STATE.—The term ‘State’ has the meaning given the
term in section 101.
‘‘(14) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means
the amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
‘‘(15) SUBSTANTIAL
COMPLETION.—The term ‘substantial
completion’ means the opening of a project to vehicular or
passenger traffic.
‘‘§ 182. Determination of eligibility and project selection
‘‘(a) ELIGIBILITY.—To be eligible to receive financial assistance
under this subchapter, a project shall meet the following criteria:
‘‘(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—
The project—
‘‘(A) shall be included in the State transportation plan
required under section 135; and
‘‘(B) at such time as an agreement to make available
a Federal credit instrument is entered into under this
subchapter, shall be included in the approved State
transportation improvement program required under sec-
tion 134.
‘‘(2) APPLICATION.—A State, a local servicer identified under
section 185(a), or the entity undertaking the project shall sub-
mit a project application to the Secretary.
‘‘(3) ELIGIBLE PROJECT COSTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), to be eligible for assistance under this subchapter,
a project shall have eligible project costs that are reason-
ably anticipated to equal or exceed the lesser of—
‘‘(i) $100,000,000; or
‘‘(ii) 50 percent of the amount of Federal highway
assistance funds apportioned for the most recently com-
pleted fiscal year to the State in which the project
is located.
‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.—
In the case of a project principally involving the installation
H. R. 2400—228
continues to operate and supports the multiyear plan
described in clause (ii).
‘‘(2) GRANT AMOUNTS.—The amount of a first-year grant
made to a State for a fiscal year under this subsection shall
equal—
‘‘(A) if the State is eligible for the grant under para-
graph (1)(A), $125,000; and
‘‘(B) if the State is eligible for the grant under para-
graph (1)(B), an amount determined by multiplying—
‘‘(i) the amount appropriated to carry out this sec-
tion for such fiscal year; by
‘‘(ii) the ratio that the funds apportioned to the
State under section 402 for fiscal year 1997 bears
to the funds apportioned to all States under section
402 for fiscal year 1997;
except that no State eligible for a grant under paragraph
(1)(B) shall receive less than $250,000.
‘‘(3) STATES NOT MEETING CRITERIA.—The Secretary may
award a grant of up to $25,000 for 1 year to any State that
does not meet the criteria established in paragraph (1). The
grant may only be used to conduct activities needed to enable
the State to qualify for a first-year grant in the next fiscal
year.
‘‘(c) SUCCEEDING YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall be eligible for a grant
under this subsection in a fiscal year succeeding the first fiscal
year in which the State receives a grant under subsection
(b) if the State, to the satisfaction of the Secretary—
‘‘(A) submits or updates a multiyear highway safety
data and traffic records strategic plan that meets the
requirements of subsection (b)(1);
‘‘(B) certifies that the highway safety data and traffic
records coordinating committee of the State continues to
operate and supports the multiyear plan; and
‘‘(C) reports annually on the progress of the State
in implementing the multiyear plan.
‘‘(2) GRANT AMOUNTS.—The amount of a succeeding year
grant made to the State for a fiscal year under this paragraph
shall equal the amount determined by multiplying—
‘‘(A) the amount appropriated to carry out this section
for such fiscal year; by
‘‘(B) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under this paragraph
shall receive less than $225,000.
‘‘(c) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs
of administering the provisions of this section.
‘‘(d) APPLICABILITY OF CHAPTER 1.—The provisions contained
in section 402(d) shall apply to this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
‘‘411. State highway safety data improvements.’’.
H. R. 2400—243
‘‘(b) AUTHORITY.—The Secretary shall make grants in accord-
ance with this section to designated recipients to finance eligible
projects.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—Not later than January 1 of each year,
any designated recipient seeking to apply for a grant under
this section for an eligible project shall submit an application
to the Secretary, in such form and in accordance with such
requirements as the Secretary shall establish by regulation.
‘‘(2) CERTIFICATION REQUIRED.—An application submitted
under paragraph (1) shall contain a certification by the
applicant that the grantee will operate vehicles purchased with
a grant under this section only with clean fuels.
‘‘(d) APPORTIONMENT OF FUNDS.—
‘‘(1) FORMULA.—Not later than February 1 of each year,
the Secretary shall apportion amounts made available to carry
out this section to designated recipients submitting applications
under subsection (c), of which—
‘‘(A) two-thirds shall be apportioned to designated
recipients with eligible projects in urban areas with a popu-
lation of at least 1,000,000, of which—
‘‘(i) 50 percent shall be apportioned, such that each
such designated recipient receives a grant in an
amount equal to the ratio between—
‘‘(I) the number of vehicles in the bus fleet
of the eligible project of the designated recipient,
weighted by severity of nonattainment for the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of vehicles in the bus
fleets of all eligible projects in areas with a popu-
lation of at least 1,000,000 funded under this sec-
tion, weighted by severity of nonattainment for
all areas in which those eligible projects are
located, as provided in paragraph (2); and
‘‘(ii) 50 percent shall be apportioned, such that
each such designated recipient receives a grant in an
amount equal to the ratio between—
‘‘(I) the number of bus passenger miles (as
that term is defined in section 5336(c)) of the
eligible 
project 
of 
the 
designated 
recipient,
weighted by severity of nonattainment of the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of bus passenger miles
of all eligible projects in areas with a population
of at least 1,000,000 funded under this section,
weighted by severity of nonattainment of all areas
in which those eligible projects are located, as
provided in paragraph (2); and
‘‘(B) one-third shall be apportioned to designated recipi-
ents with eligible projects in urban areas with a population
of less than 1,000,000, of which—
‘‘(i) 50 percent shall be apportioned, such that each
such designated recipient receives a grant in an
amount equal to the ratio between—