H. R. 2400—2
Sec. 1215. Designated transportation enhancement activities.
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot program.
Sec. 1222. Additions to Appalachian region.
Subtitle C—Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1309. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Subtitle D—Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Subtitle E—Finance
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
Subtitle F—High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II—HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Intelligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly individuals and in-
dividuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
H. R. 2400—3
Sec. 3021. Pilot program for intercity rail infrastructure investment from mass tran-
sit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions to existing sys-
tems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for the Surface Transportation Extension Act of 1997.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service commercial motor
vehicle drivers.
Sec. 4013. Participation in international registration plan and international fuel tax
agreement.
Sec. 4014. Safety performance history of new drivers; limitation on liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V—TRANSPORTATION RESEARCH
Subtitle A—Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B—Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
H. R. 2400—4
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information tech-
nologies.
Sec. 5114. Sense of the Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C—Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system infrastructure de-
ployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI—OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII—MISCELLANEOUS
Subtitle A—Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorization of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B—Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C—Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D—Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
AND BUDGET OFFSETS
Subtitle A—Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
H. R. 2400—5
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B—Veterans’ Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for disabilities relating
to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational assistance under
Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive equipment
for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for reinstatement of de-
pendency and indemnity compensation upon termination of that remar-
riage.
Sec. 8208. Extension of prior revision to offset rule for Department of Defense spe-
cial separation benefit program.
Sec. 8209. Sense of the Congress concerning recovery from tobacco companies of
costs of treatment of veterans for tobacco-related illnesses.
Subtitle C—Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D—Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved diesel or ker-
osene terminals.
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of nontaxable quali-
fied transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’ has
the meaning such term has under section 101 of title 23,
United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) INTERSTATE
MAINTENANCE
PROGRAM.—For the Inter-
state maintenance program under section 119 of title 23, United
States Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000
for fiscal year 1999, $3,994,524,000 for fiscal year 2000,
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal
year 2002, and $4,217,635,000 for fiscal year 2003.
H. R. 2400—6
(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway
System under section 103 of such title $4,112,480,000 for fiscal
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000
for fiscal year 2000, $4,887,986,000 for fiscal year 2001,
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for fiscal
year 2003.
(3) BRIDGE PROGRAM.—For the bridge program under sec-
tion 144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) SURFACE TRANSPORTATION PROGRAM.—For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.—For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM
PRO-
GRAM.—For the Appalachian development highway system pro-
gram under section 201 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App.) $450,000,000 for each of
fiscal years 1999 through 2003.
(7) RECREATIONAL TRAILS PROGRAM.—For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For Indian reserva-
tion roads under section 204 of such title $225,000,000
for fiscal year 1998 and $275,000,000 for each of fiscal
years 1999 through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For public lands high-
ways under section 204 of such title $196,000,000 for fiscal
year 1998 and $246,000,000 for each of fiscal years 1999
through 2003.
(C) PARK ROADS AND PARKWAYS.—For park roads and
parkways under section 204 of such title $115,000,000 for
fiscal year 1998 and $165,000,000 for each of fiscal years
1999 through 2003.
(D) REFUGE ROADS.—For refuge roads under section
204 of such title $20,000,000 for each of fiscal years 1999
through 2003.
(9) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—For the
national corridor planning and development and coordinated
border infrastructure programs under sections 1118 and 1119
of this Act $140,000,000 for each of fiscal years 1999 through
2003.
(10) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—For construction of ferry boats and ferry terminal
H. R. 2400—7
facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note;
105 Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) NATIONAL SCENIC BYWAYS PROGRAM.—For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and
1999, $24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) VALUE PRICING PILOT PROGRAM.—For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000
for each of fiscal years 2000 through 2003.
(13) HIGH
PRIORITY
PROJECTS
PROGRAM.—For the high
priority projects program under section 117 of title 23, United
States Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000
for fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) HIGHWAY USE TAX EVASION PROJECTS.—For highway
use tax evasion projects under section 143 of such title
$5,000,000 for each of fiscal years 1998 through 2003.
(15) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
For the Commonwealth of Puerto Rico highway program under
section 1214(r) of this Act $110,000,000 for fiscal years 1998
through 2003.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V
of this Act shall be expended with small business concerns
owned and controlled by socially and economically disadvan-
taged individuals.
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply:
(A) SMALL BUSINESS CONCERN.—The term ‘‘small busi-
ness concern’’ has the meaning such term has under section
3 of the Small Business Act (15 U.S.C. 632); except that
such term shall not include any concern or group of con-
cerns controlled by the same socially and economically dis-
advantaged individual or individuals which has average
annual gross receipts over the preceding 3 fiscal years
in excess of $16,600,000, as adjusted by the Secretary for
inflation.
(B) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning such term has
under section 8(d) of the Small Business Act (15 U.S.C.
637(d)) and relevant subcontracting regulations promul-
gated pursuant thereto; except that women shall be pre-
sumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually survey and compile a list
of the small business concerns referred to in paragraph (1)
H. R. 2400—8
and the location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns which
are controlled by women, by socially and economically disadvan-
taged individuals (other than women), and by individuals who
are women and are otherwise socially and economically dis-
advantaged individuals.
(4) UNIFORM CERTIFICATION.—The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this sub-
section. Such minimum uniform criteria shall include, but not
be limited to on-site visits, personal interviews, licenses, analy-
sis of stock ownership, listing of equipment, analysis of bonding
capacity, listing of work completed, re´sume´ of principal owners,
financial capacity, and type of work preferred.
(5) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part, from
complying with paragraph (1) because a Federal court issues
a final order in which the court finds that the requirement
of paragraph (1), or the program established under paragraph
(1), is unconstitutional.
(6) REVIEW
BY
COMPTROLLER
GENERAL.—Not later than
3 years after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a review of, and
publish and report to Congress findings and conclusions on,
the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of—
(A) in the case of small business concerns certified
in each State under paragraph (4) as owned and controlled
by socially and economically disadvantaged individuals—
(i) the number of the small business concerns;
and
(ii) the participation rates of the small business
concerns in prime contracts and subcontracts funded
under titles I, III, and V of this Act;
(B) in the case of small business concerns described
in subparagraph (A) that receive prime contracts and sub-
contracts funded under titles I, III, and V of this Act—
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small business
concerns; and
(iii) the net worth of socially and economically
disadvantaged individuals that own and control the
small business concerns;
(C) in the case of small business concerns described
in subparagraph (A) that do not receive prime contracts
and subcontracts funded under titles I, III, and V of this
Act—
(i) the annual gross receipts of the small business
concerns; and
(ii) the net worth of socially and economically dis-
advantaged individuals that own and control the small
business concerns;
(D) in the case of business concerns that receive prime
contracts and subcontracts funded under titles I, III, and
H. R. 2400—9
V of this Act, other than small business concerns described
in subparagraph (B)—
(i) the annual gross receipts of the business con-
cerns; and
(ii) the net worth of individuals that own and
control the business concerns;
(E) the rate of graduation from any programs carried
out to comply with the requirement of paragraph (1) for
small business concerns owned and controlled by socially
and economically disadvantaged individuals;
(F) the overall cost of administering the requirement
of paragraph (1), including administrative costs, certifi-
cation costs, additional construction costs, and litigation
costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns
owned and controlled by socially and economically dis-
advantaged individuals;
(H)(i) any other factors limiting the ability of small
business concerns owned and controlled by socially and
economically disadvantaged individuals to compete for
prime contracts and subcontracts funded under titles I,
III, and V of this Act; and
(ii) the extent to which any of those factors are caused,
in whole or in part, by discrimination based on race, color,
national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies
owned and controlled by socially and economically dis-
advantaged individuals in public and private transportation
contracting and the financial, credit, insurance, and bond
markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of—
(i) the issuance of a final order described in para-
graph (5) by a Federal court that suspends a program
established under paragraph (1); or
(ii) the repeal or suspension of State or local dis-
advantaged business enterprise programs; and
(K) the impact of the requirement of paragraph (1),
and any program carried out to comply with paragraph
(1), on competition and the creation of jobs, including the
creation of jobs for socially and economically disadvantaged
individuals.
SEC. 1102. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Notwithstanding any other provision
of law but subject to subsections (g) and (h), the obligations for
Federal-aid highway and highway safety construction programs
shall not exceed—
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.
H. R. 2400—10
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations—
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation Assist-
ance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of
1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of enactment of this Act;
and
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount
equal to $639,000,000 per fiscal year.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 1998 through 2003, the Secretary shall—
(1) not distribute obligation authority provided by sub-
section (a) for such fiscal year for amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the high-
way use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority pro-
vided by subsection (a) that is equal to the unobligated balance
of amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for Federal-aid highway and
highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation authority provided by subsection (a)
for such fiscal year less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
(4) distribute the obligation authority provided by sub-
section (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United States
Code (relating to high priority projects program), section 201
of the Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of such
title (relating to minimum guarantee) so that amount of obliga-
tion authority available for each of such sections is equal to
the amount determined by multiplying the ratio determined
H. R. 2400—11
under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by sub-
section (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graph (4) for each of the programs that are allocated by the
Secretary under this Act and title 23, United States Code
(other than activities to which paragraph (1) applies and pro-
grams to which paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized to
be appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by sub-
section (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5) for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee pro-
gram, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway sys-
tem program) that are apportioned by the Secretary under
this Act and title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such pro-
grams that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (c), the Secretary shall after August 1
of each of fiscal years 1998 through 2003 revise a distribution
of the obligation authority made available under subsection (c)
if a State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year giving priority to those States having large
unobligated balances of funds apportioned under sections 104 and
144 of title 23, United States Code, under section 160 of title
23, United States Code (as in effect on the day before the date
of enactment of this Act), and under section 1015 of the Intermodal
Surface Transportation Act of 1991 (105 Stat. 1943–1945).
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—Obligation limitations imposed by
subsection (a) shall apply to transportation research programs car-
ried out under chapter 3 of title 23, United States Code, and
under title VI of this Act.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation authority
under subsection (c) for each of fiscal years 1998 through 2003,
the Secretary shall distribute to the States any funds (1) that
are authorized to be appropriated for such fiscal year for Federal-
aid highway programs (other than the program under section 160
of title 23, United States Code) and for carrying out subchapter
I of chapter 311 of title 49, United States Code, and chapter 4
of title 23, United States Code, and (2) that the Secretary deter-
mines will not be allocated to the States, and will not be available
for obligation, in such fiscal year due to the imposition of any
H. R. 2400—12
obligation limitation for such fiscal year. Such distribution to the
States shall be made in the same ratio as the distribution of
obligation authority under subsection (c)(6). The funds so distrib-
uted shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(g) SPECIAL RULE.—Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) INCREASE IN OBLIGATION LIMIT.—Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by
an amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with
this section.
(i) 
LIMITATIONS
ON
OBLIGATIONS
FOR
ADMINISTRATIVE
EXPENSES.—Notwithstanding any other provision of law, the total
amount of all obligations under section 104(a) of title 23, United
States Code, shall not exceed—
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.
(a) ADMINISTRATIVE EXPENSES.—Section 104 of title 23, United
States Code, is amended by striking subsection (a) and inserting
the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—Whenever an apportionment is made
of the sums made available for expenditure on each of the
surface transportation program under section 133, the bridge
program under section 144, the congestion mitigation and air
quality improvement program under section 149, the Interstate
and National Highway System program under section 103,
the minimum guarantee program under section 105, the Fed-
eral lands highway program under section 204, or the Appalach-
ian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.), the Secretary shall deduct a sum, in an amount
not to exceed 11⁄2 percent of all sums so made available, as
the Secretary determines necessary—
‘‘(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program
and programs authorized under chapter 2; and
‘‘(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with
the Appalachian development highway system.
‘‘(2) CONSIDERATION OF UNOBLIGATED BALANCES.—In mak-
ing the determination described in paragraph (1), the Secretary
H. R. 2400—13
shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
‘‘(3) AVAILABILITY.—The sum deducted under paragraph
(1) shall remain available until expended.’’.
(b) APPORTIONMENTS.—Section 104(b) of such title is amended
to read as follows:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection
(a) and the set-aside authorized by subsection (f), shall apportion
the remainder of the sums authorized to be appropriated for
expenditure on the Interstate and National Highway System pro-
gram, the Congestion Mitigation and Air Quality Improvement
program, and the Surface Transportation program for that fiscal
year, among the several States in the following manner:
‘‘(1) NATIONAL HIGHWAY SYSTEM COMPONENT.—
‘‘(A) IN GENERAL.—For the National Highway System
(excluding 
funds 
apportioned 
under 
paragraph 
(4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of North-
ern Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
‘‘(i) 25 percent in the ratio that—
‘‘(I) the total lane miles of principal arterial
routes (excluding Interstate System routes) in each
State; bears to
‘‘(II) the total lane miles of principal arterial
routes (excluding Interstate System routes) in all
States.
‘‘(ii) 35 percent in the ratio that—
‘‘(I) the total vehicle miles traveled on lanes
on principal arterial routes (excluding Interstate
System routes) in each State; bears to
‘‘(II) the total vehicle miles traveled on lanes
on principal arterial routes (excluding Interstate
System routes) in all States.
‘‘(iii) 30 percent in the ratio that—
‘‘(I) the total diesel fuel used on highways
in each State; bears to
‘‘(II) the total diesel fuel used on highways
in all States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the quotient obtained by dividing the total
lane miles on principal arterial highways in each
State by the total population of the State; bears
to
‘‘(II) the quotient obtained by dividing the total
lane miles on principal arterial highways in all
States by the total population of all States.
‘‘(B) 
MINIMUM
APPORTIONMENT.—Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of 1⁄2 of 1 percent of the funds appor-
tioned under subparagraph (A) and paragraph (4).
‘‘(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and
air quality improvement program, in the ratio that—
H. R. 2400—14
‘‘(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
‘‘(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
‘‘(B) CALCULATION OF WEIGHTED NONATTAINMENT AND
MAINTENANCE AREA POPULATION.—Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of—
‘‘(i) 0.8 if—
‘‘(I) at the time of the apportionment, the area
is a maintenance area; or
‘‘(II) at the time of the apportionment, the
area is classified as a submarginal ozone non-
attainment area under the Clean Air Act (42
U.S.C. 7401 et seq.);
‘‘(ii) 1.0 if, at the time of the apportionment, the
area is classified as a marginal ozone nonattainment
area under subpart 2 of part D of title I of the Clean
Air Act (42 U.S.C. 7511 et seq.);
‘‘(iii) 1.1 if, at the time of the apportionment, the
area is classified as a moderate ozone nonattainment
area under such subpart;
‘‘(iv) 1.2 if, at the time of the apportionment, the
area is classified as a serious ozone nonattainment
area under such subpart;
‘‘(v) 1.3 if, at the time of the apportionment, the
area is classified as a severe ozone nonattainment area
under such subpart;
‘‘(vi) 1.4 if, at the time of the apportionment, the
area is classified as an extreme ozone nonattainment
area under such subpart; or
‘‘(vii) 1.0 if, at the time of the apportionment,
the area is not a nonattainment or maintenance area
as described in section 149(b) for ozone, but is classified
under subpart 3 of part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment area described
in section 149(b) for carbon monoxide.
‘‘(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE
AREAS.—
‘‘(i) CARBON MONOXIDE NONATTAINMENT AREAS.—
If, in addition to being classified as a nonattainment
or maintenance area for ozone, the area was also classi-
fied under subpart 3 of part D of title I of such Act
(42 U.S.C. 7512 et seq.) as a nonattainment area
described in section 149(b) for carbon monoxide, the
weighted nonattainment or maintenance area popu-
lation of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further
multiplied by a factor of 1.2.
‘‘(ii) CARBON MONOXIDE MAINTENANCE AREAS.—If,
in addition to being classified as a nonattainment or
maintenance area for ozone, the area was at one time
also classified under subpart 3 of part D of title I
H. R. 2400—15
of such Act (42 U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for carbon monoxide
but has been redesignated as a maintenance area,
the weighted nonattainment or maintenance area
population of the area, as determined under clauses
(i) through (vi) of subparagraph (B), shall be further
multiplied by a factor of 1.1.
‘‘(D) MINIMUM APPORTIONMENT.—Notwithstanding any
other provision of this paragraph, each State shall receive
a minimum of 1⁄2 of 1 percent of the funds apportioned
under this paragraph.
‘‘(E) DETERMINATIONS OF POPULATION.—In determining
population figures for the purposes of this paragraph, the
Secretary shall use the latest available annual estimates
prepared by the Secretary of Commerce.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface transportation pro-
gram, in accordance with the following formula:
‘‘(i) 25 percent of the apportionments in the
ratio that—
‘‘(I) the total lane miles of Federal-aid high-
ways in each State; bears to
‘‘(II) the total lane miles of Federal-aid high-
ways in all States.
‘‘(ii) 40 percent of the apportionments in the
ratio that—
‘‘(I) the total vehicle miles traveled on lanes
on Federal-aid highways in each State; bears to
‘‘(II) the total vehicle miles traveled on lanes
on Federal-aid highways in all States.
‘‘(iii) 35 percent of the apportionments in the
ratio that—
‘‘(I) the estimated tax payments attributable
to highway users in each State paid into the High-
way Trust Fund (other than the Mass Transit
Account) in the latest fiscal year for which data
are available; bears to
‘‘(II) the estimated tax payments attributable
to highway users in all States paid into the High-
way Trust Fund (other than the Mass Transit
Account) in the latest fiscal year for which data
are available.
‘‘(B) 
MINIMUM
APPORTIONMENT.—Notwithstanding
subparagraph (A), each State shall receive a minimum
of 1⁄2 of 1 percent of the funds apportioned under this
paragraph.
‘‘(4) INTERSTATE
MAINTENANCE
COMPONENT.—For resur-
facing, restoring, rehabilitating, and reconstructing the Inter-
state System—
‘‘(A) 331⁄3 percent in the ratio that—
‘‘(i) the total lane miles on Interstate System routes
open to traffic in each State; bears to
‘‘(ii) the total of all such lane miles in all States;
‘‘(B) 331⁄3 percent in the ratio that—
‘‘(i) the total vehicle miles traveled on lanes on
Interstate System routes designated under—
‘‘(I) section 103;
H. R. 2400—16
‘‘(II) section 139(a) (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century) before March
9, 1984 (other than routes on toll roads not subject
to a Secretarial agreement under section 105 of
the Federal-Aid Highway Act of 1978 (92 Stat.
2692)); and
‘‘(III) section 139(c) (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century);
in each State; bears to
‘‘(ii) the total of all such vehicle miles traveled
in all States; and
‘‘(C) 331⁄3 percent in the ratio that—
‘‘(i) the total of each State’s annual contributions
to the Highway Trust Fund (other than the Mass Tran-
sit Account) attributable to commercial vehicles; bears
to
‘‘(ii) the total of such annual contributions by all
States.
(c) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.—
Section 104(d) of such title is amended—
(1) in paragraph (1) by striking ‘‘The’’ and all that follows
through ‘‘$300,000 for each’’ and inserting ‘‘Before making an
apportionment under subsection (b)(3) of this section for a
fiscal year, the Secretary shall set aside $500,000 for such’’;
and
(2) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN
HIGH SPEED RAIL CORRIDORS.—
‘‘(A) IN GENERAL.—Before making an apportionment
of funds under subsection (b)(3) for a fiscal year, the Sec-
retary shall set aside $5,250,000 of the funds made avail-
able for the surface transportation program for the fiscal
year for elimination of hazards of railway-highway cross-
ings.
‘‘(B) ELIGIBLE
CORRIDORS.—Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in—
‘‘(i) 5 railway corridors selected by the Secretary
in accordance with this subsection (as in effect on
the day before the date of enactment of this clause);
‘‘(ii) 3 railway corridors selected by the Secretary
in accordance with subparagraphs (C) and (D);
‘‘(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
‘‘(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
‘‘(v) an Empire State railway corridor from New
York City to Albany to Buffalo, New York.
‘‘(C) REQUIRED INCLUSION OF HIGH SPEED RAIL LINES.—
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.
H. R. 2400—17
‘‘(D) CONSIDERATIONS
IN
CORRIDOR
SELECTION.—In
selecting corridors under subparagraph (B), the Secretary
shall consider—
‘‘(i) projected rail ridership volume in each corridor;
‘‘(ii) the percentage of each corridor over which
a train will be capable of operating at its maximum
cruise speed taking into account such factors as topog-
raphy and other traffic on the line;
‘‘(iii) projected benefits to nonriders such as conges-
tion relief on other modes of transportation serving
each corridor (including congestion in heavily traveled
air passenger corridors);
‘‘(iv) the amount of State and local financial sup-
port that can reasonably be anticipated for the
improvement of the line and related facilities; and
‘‘(v) the cooperation of the owner of the right-
of-way that can reasonably be expected in the operation
of high speed rail passenger service in each corridor.
‘‘(E) CERTAIN IMPROVEMENTS.—Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-Chicago
segment of the Midwest High Speed Rail Corridor.
‘‘(F) AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated $15,000,000 for each of fiscal
years 1999 through 2003 to carry out this subsection.’’.
(d) CERTIFICATION OF APPORTIONMENTS.—Section 104(e) of such
title is amended—
(1) by inserting ‘‘CERTIFICATION OF APPORTIONMENTS.—’’
after ‘‘(e)’’;
(2) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘On October
1’’;
(3) by striking the first parenthetical phrase;
(4) by striking ‘‘and research’’ the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
‘‘(2) NOTICE TO STATES.—If the Secretary has not made
an apportionment under section 104, 144, or 157 by the 21st
day of a fiscal year beginning after September 30, 1998, the
Secretary shall transmit, by such 21st day, to the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for
not making such apportionment in a timely manner.’’; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of
this subsection).
(e) METROPOLITAN PLANNING SET-ASIDE.—Section 104(f) of such
title is amended—
(1) in paragraph (1) by striking ‘‘Interstate construction
and Interstate substitute programs’’ and inserting ‘‘recreational
trails program’’; and
(2) in paragraph (3) by striking ‘‘120(j) of this title’’ and
inserting ‘‘120(b)’’.
(f) RECREATIONAL TRAILS PROGRAM.—Section 104(h) of such
title is amended to read as follows:
‘‘(h) RECREATIONAL TRAILS PROGRAM.—
H. R. 2400—18
‘‘(1) ADMINISTRATIVE COSTS.—Whenever an apportionment
is made of the sums authorized to be appropriated to carry
out the recreational trails program under section 206, the Sec-
retary shall deduct an amount, not to exceed 11⁄2 percent of
the sums authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Sec-
retary may enter into contracts with for-profit organizations
or contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or non-
profit organizations to perform these tasks.
‘‘(2) APPORTIONMENT TO THE STATES.—After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
‘‘(A) 50 percent of that amount shall be apportioned
equally among eligible States.
‘‘(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
‘‘(3) ELIGIBLE STATE DEFINED.—In this section, the term
‘eligible State’ means a State that meets the requirements
of section 206(c).’’.
(g) AUDITS OF HIGHWAY TRUST FUND.—Section 104 of such
title is amended by striking subsection (i) and inserting the follow-
ing:
‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From administrative
funds deducted under subsection (a), the Secretary may reimburse
the Office of Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements in accord-
ance with section 3521 of title 31.’’.
(h) REPORT
ON OBLIGATIONS.—Section 104 of such title is
amended by striking subsection (j) and inserting the following:
‘‘(j) REPORT TO CONGRESS.—The Secretary shall submit to Con-
gress a report for each fiscal year on—
‘‘(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during
the preceding fiscal year;
‘‘(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section and sections 105 and 144;
‘‘(3) the balance of unobligated sums available for expendi-
ture at the discretion of the Secretary for such highways and
programs for the fiscal year; and
‘‘(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144, accord-
ing to—
‘‘(A) program;
‘‘(B) funding category or subcategory;
‘‘(C) type of improvement;
‘‘(D) State; and
H. R. 2400—19
‘‘(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.’’.
(i) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—Section 104
of such title is amended by inserting after subsection (j) the follow-
ing:
‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds made available
under this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except
that the provisions of this title relating to the non-Federal
share shall apply to the transferred funds.
‘‘(2) TRANSFER OF TRANSIT FUNDS.—Funds made available
under chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with
this title, except that the provisions of such chapter relating
to the non-Federal share shall apply to the transferred funds.
‘‘(3) TRANSFER
OF
OBLIGATION
AUTHORITY.—Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as
the funds for the projects are transferred.’’.
(j) EFFECT
OF CERTAIN DELAY
IN DEPOSITS INTO HIGHWAY
TRUST FUND.—Section 104 of such title is amended by adding
at the end the following:
‘‘(l) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY
TRUST FUND.—Notwithstanding any other provision of law, deposits
into the Highway Trust Fund resulting from the application of
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 872)
shall not be taken into account in determining the apportionments
and allocations that any State shall be entitled to receive under
the Transportation Equity Act for the 21st Century and this title.’’.
(k) TECHNICAL AMENDMENTS.—Section 104(f) of such title is
amended—
(1) by striking ‘‘(f)(1) On’’ and inserting the following:
‘‘(f) METROPOLITAN PLANNING.—
‘‘(1) SET-ASIDE.—On’’;
(2) in paragraph (1) by striking ‘‘, except that’’ and all
that follows through ‘‘programs’’;
(3) by striking ‘‘(2) These’’ and inserting the following:
‘‘(2) APPORTIONMENT
TO
STATES
OF
SET-ASIDE
FUNDS.—
These’’;
(4) by striking ‘‘(3) The’’ and inserting the following:
‘‘(3) USE OF FUNDS.—The’’;
(5) by striking ‘‘(4) The’’ and inserting the following:
‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.—The’’; and
(6) by aligning the remainder of the text of each of para-
graphs (1) through (4) with paragraph (5).
(l) CONFORMING AMENDMENTS.—
(1) Section 146(a) of such title is amended in the first
sentence by striking ‘‘, 104(b)(2), and 104(b)(6)’’ and inserting
‘‘and 104(b)(3)’’.
(2) Section 158 of such title is amended—
(A) in subsection (a)—
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
H. R. 2400—20
(iii) in paragraph (1) (as so redesignated)—
(I) by striking ‘‘AFTER THE FIRST YEAR’’ and
inserting ‘‘IN GENERAL’’; and
(II) by striking ‘‘104(b)(2), 104(b)(5), and
104(b)(6)’’ and inserting ‘‘104(b)(3), and 104(b)(4)’’;
and
(iv) in paragraph (2) (as redesignated by clause
(ii)) by striking ‘‘paragraphs (1) and (2) of this sub-
section’’ and inserting ‘‘paragraph (1)’’; and
(B) by striking subsection (b) and inserting the follow-
ing:
‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No funds withheld
under this section from apportionment to any State after September
30, 1988, shall be available for apportionment to that State.’’.
(3)(A) Section 115(b)(1) of such title is amended by striking
‘‘104(b)(5)’’ and inserting ‘‘104(b)(4)’’.
(B) Section 137(f)(1) of such title is amended by striking
‘‘section 104(b)(5)(B) of this title’’ and inserting ‘‘section
104(b)(4)’’.
(C) Section 141(c) of such title is amended by striking
‘‘section 104(b)(5) of this title’’ each place it appears and insert-
ing ‘‘section 104(b)(4)’’.
(D) Section 142(c) of such title is amended by striking
‘‘(other than section 104(b)(5)(A))’’.
(E) Section 159 of such title is amended—
(i) by striking ‘‘(5) of’’ each place it appears and insert-
ing ‘‘(5) (as in effect on the day before the date of enactment
of the Transportation Equity Act for the 21st Century)
of’’; and
(ii) in subsection (b)—
(I) in paragraphs (1)(A)(i) and (3)(A) by striking
‘‘section 104(b)(5)(A)’’ each place it appears and insert-
ing ‘‘section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity
Act for the 21st Century)’’;
(II) in paragraph (1)(A)(ii) by striking ‘‘section
104(b)(5)(B)’’ and inserting ‘‘section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century)’’;
(III) in paragraph (3)(B) by striking ‘‘(5)(B)’’ and
inserting ‘‘(5)(B) (as in effect on the day before the
date of enactment of the Transportation Equity Act
for the 21st Century)’’; and
(IV) in paragraphs (3) and (4) by striking ‘‘section
104(b)(5)’’ each place it appears and inserting ‘‘section
104(b)(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the
21st Century)’’.
(F) Section 161(a) of such title is amended by striking
‘‘paragraphs (1), (3), and (5)(B) of section 104(b)’’ each place
it appears and inserting ‘‘paragraphs (1), (3), and (4) of section
104(b)’’.
(4) Section 142(b) of such title is amended by striking
‘‘paragraph (5) of subsection (b) of section 104 of this title’’
and inserting ‘‘section 104(b)(4)’’.
(m) ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTEN-
SION ACT OF 1997.—
H. R. 2400—21
(1) IN GENERAL.—Notwithstanding any other provision of
law and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the
total apportionments for a State (other than Massachusetts)
for fiscal year 1998 made under the Transportation Equity
Act for the 21st Century (including amendments made by such
Act) shall be reduced by the amount apportioned to such State
(other than Massachusetts) under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) REPAYMENT
OF
TRANSFERRED
FUNDS.—The Secretary
shall ensure that any apportionments made to a State for
fiscal year 1998 and adjusted under paragraph (1) shall first
be used to restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment
required by paragraph (1), then the Secretary shall make an
adjustment to any funds apportioned to such State in fiscal
year 1999.
(4) ALLOCATED
PROGRAMS.—Notwithstanding any other
provision of law, amounts made available for fiscal year 1998
by the Transportation Equity Act for the 21st Century (includ-
ing amendments made by such Act) for a program that is
continued by both of sections 4, 5, 6, and 7 of the Surface
Transportation Extension Act of 1997 (including amendments
made by such sections) and the Transportation Equity Act
for the 21st Century (including amendments made by such
Act) shall be reduced by the amount made available by such
sections 4, 5, 6, and 7 for such programs.
(5) TREATMENT
OF STEA OBLIGATION
AUTHORITY.—The
amount of obligation authority made available under section
2(e) of the Surface Transportation Extension Act of 1997 shall
be considered to be an amount of obligation authority made
available for fiscal year 1998 under section 1102(a) of this
Act.
(n) STATE DEFINED.—For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ‘‘State’’ means
any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) IN GENERAL.—Section 105 of title 23, United States Code,
is amended to read as follows:
‘‘§ 105. Minimum guarantee
‘‘(a) GENERAL RULE.—For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts suffi-
cient to ensure that each State’s percentage of the total apportion-
ments for such fiscal year of Interstate maintenance, national high-
way system, bridge, congestion mitigation and air quality improve-
ment, surface transportation, metropolitan planning, minimum
guarantee, high priority projects, Appalachian development highway
system, and recreational trails programs shall equal the percentage
listed for each State in subsection (b).
H. R. 2400—22
‘‘(b) STATE
PERCENTAGES.—The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
‘‘States:
Percentage
Alabama ....................................................................................................
2.0269
Alaska ........................................................................................................
1.1915
Arizona ......................................................................................................
1.5581
Arkansas ...................................................................................................
1.3214
California ..................................................................................................
9.1962
Colorado ....................................................................................................
1.1673
Connecticut ...............................................................................................
1.5186
Delaware ...................................................................................................
0.4424
District of Columbia .................................................................................
0.3956
Florida .......................................................................................................
4.6176
Georgia ......................................................................................................
3.5104
Hawaii .......................................................................................................
0.5177
Idaho ..........................................................................................................
0.7718
Illinois ........................................................................................................
3.3819
Indiana ......................................................................................................
2.3588
Iowa ...........................................................................................................
1.2020
Kansas .......................................................................................................
1.1717
Kentucky ...................................................................................................
1.7365
Louisiana ...................................................................................................
1.5900
Maine .........................................................................................................
0.5263
Maryland ...................................................................................................
1.5087
Massachusetts ...........................................................................................
1.8638
Michigan ....................................................................................................
3.1535
Minnesota ..................................................................................................
1.4993
Mississippi ................................................................................................
1.2186
Missouri .....................................................................................................
2.3615
Montana ....................................................................................................
0.9929
Nebraska ...................................................................................................
0.7768
Nevada ......................................................................................................
0.7248
New Hampshire ........................................................................................
0.5163
New Jersey ................................................................................................
2.5816
New Mexico ...............................................................................................
0.9884
New York ..................................................................................................
5.1628
North Carolina ..........................................................................................
2.8298
North Dakota ............................................................................................
0.6553
Ohio ...........................................................................................................
3.4257
Oklahoma ..................................................................................................
1.5419
Oregon .......................................................................................................
1.2183
Pennsylvania .............................................................................................
4.9887
Rhode Island .............................................................................................
0.5958
South Carolina ..........................................................................................
1.5910
South Dakota ............................................................................................
0.7149
Tennessee ..................................................................................................
2.2646
Texas .........................................................................................................
7.2131
Utah ...........................................................................................................
0.7831
Vermont .....................................................................................................
0.4573
Virginia .....................................................................................................
2.5627
Washington ...............................................................................................
1.7875
West Virginia ............................................................................................
1.1319
Wisconsin ..................................................................................................
1.9916
Wyoming ...................................................................................................
0.6951
‘‘(c) TREATMENT OF FUNDS.—
‘‘(1) PROGRAMMATIC
DISTRIBUTION.—The Secretary shall
apportion 50 percent of the amounts made available under
this section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each pro-
gram referred to in subsection (a) (other than metropolitan
planning, minimum guarantee, high priority projects, Appalach-
ian development highway system, and recreational trails pro-
grams) is equal to the amount determined by multiplying the
amount to be apportioned under this paragraph by the ratio
that—
H. R. 2400—23
‘‘(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a fiscal
year; bears to
‘‘(B) the total amount of funds apportioned to all States
for such program for such fiscal year.
‘‘(2) REMAINING DISTRIBUTION.—The Secretary shall appor-
tion the remainder of funds made available under this section
to the States in accordance with section 104(b)(3); except that
requirements of paragraphs (1), (2), and (3) of section 133(d)
shall not apply to amounts apportioned pursuant to this para-
graph.
‘‘(d) AUTHORIZATION.—There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section
for each of fiscal years 1998 through 2003.
‘‘(e) SPECIAL RULE.—If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the apportionment
factors under sections 104 and 144 as in effect on the date of
enactment of this section.
‘‘(f) GUARANTEE OF 90.5 RETURN.—
‘‘(1) IN GENERAL.—Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the Sec-
retary, subject to paragraph (2), shall adjust the percentages
in the table in subsection (b) to reflect the estimated percentage
of estimated tax payments attributable to highway users in
each State paid into the Highway Trust Fund (other than
the Mass Transit Account) in the latest fiscal year for which
data is available, to ensure that no State’s return from such
Trust Fund is less than 90.5 percent.
‘‘(2) ELIGIBILITY THRESHOLD FOR INITIAL ADJUSTMENT.—The
Secretary may make an adjustment under paragraph (1) for
a State for a fiscal year only if the State’s return from the
Highway Trust Fund (other than the Mass Transit Account)
for the preceding fiscal year was equal to or less than 90.5
percent.
‘‘(3) CONFORMING ADJUSTMENTS.—After making any adjust-
ments under paragraph (1) for a fiscal year, the Secretary
shall adjust the remaining percentages in the table set forth
in subsection (b) to ensure that the total of the percentages
in the table do not exceed 100 percent for such fiscal year.
‘‘(4) LIMITATION
ON
ADJUSTMENTS.—After making any
adjustments under paragraph (3) for a fiscal year, the Secretary
shall determine whether or not any State’s return from the
Highway Trust Fund (other than the Mass Transit Account)
is less than 90.5 percent as a result of such adjustments and
shall adjust the percentages in the table for such fiscal year
accordingly. Adjustments of the percentages in the table under
this paragraph may not result in the total of such percentages
exceeding 100 percent.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 105
and inserting the following:
‘‘105. Minimum guarantee.’’.
H. R. 2400—24
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the following:
‘‘§ 110. Revenue aligned budget authority
‘‘(a) DETERMINATION OF AMOUNT.—On October 15 of fiscal year
1999, and each fiscal year thereafter, the Secretary shall allocate
an amount of funds equal to the amount determined pursuant
to section 251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).
‘‘(b) GENERAL DISTRIBUTION.—The Secretary shall—
‘‘(1) determine the ratio that—
‘‘(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
for each of the for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee
program) for which funds are allocated from such Trust
Fund by the Secretary under this title and the Transpor-
tation Equity Act for the 21st Century for a fiscal year,
bears to
‘‘(B) the total of all sums authorized to be appropriated
from such Trust Fund for such programs for such fiscal
year;
‘‘(2) multiply the ratio determined under paragraph (1)
by the total amount of funds to be allocated under subsection
(a) for such fiscal year;
‘‘(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that—
‘‘(A) the sums authorized to be appropriated from such
Trust Fund for each of such programs for such fiscal year,
bears to
‘‘(B) the sums authorized to be appropriated from such
Trust Fund for all such programs for such fiscal year;
and
‘‘(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in the
ratio that—
‘‘(A) the total of all funds authorized to be appropriated
from such Trust Fund for Federal-aid highway and highway
safety construction programs that are apportioned to each
State for such fiscal year but for this section, bears to
‘‘(B) the total of all funds authorized to be appropriated
from such Trust Fund for such programs that are appor-
tioned to all States for such fiscal year but for this section.
‘‘(c) STATE PROGRAMMATIC DISTRIBUTION.—Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal year,
the Secretary shall ensure that such funds are apportioned for
the Interstate Maintenance program, the National Highway System
program, the bridge program, the surface transportation program,
and the congestion mitigation air quality improvement program
in the same ratio that each State is apportioned funds for such
programs for such fiscal year but for this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for fiscal years beginning after September 30,
1998.’’.
H. R. 2400—25
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 110
and inserting the following:
‘‘110. Revenue aligned budget authority.’’.
SEC. 1106. FEDERAL-AID SYSTEMS.
(a) ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTER-
STATE MAINTENANCE PROGRAM.—The Secretary shall administer
the National Highway System program and the Interstate Mainte-
nance program as a combined program for purposes of allowing
States maximum flexibility. References in this Act and title 23,
United States Code, shall not be affected by such consolidation.
(b) FEDERAL-AID SYSTEMS.—Section 103 of title 23, United
States Code, is amended to read as follows:
‘‘§ 103. Federal-aid systems
‘‘(a) IN GENERAL.—For the purposes of this title, the Federal-
aid systems are the Interstate System and the National Highway
System.
‘‘(b) NATIONAL HIGHWAY SYSTEM.—
‘‘(1) DESCRIPTION.—The National Highway System consists
of the highway routes and connections to transportation facili-
ties depicted on the map submitted by the Secretary to Congress
with the report entitled ‘Pulling Together: The National High-
way System and its Connections to Major Intermodal Termi-
nals’ and dated May 24, 1996. The system shall—
‘‘(A) serve major population centers, international bor-
der crossings, ports, airports, public transportation facili-
ties, and other intermodal transportation facilities and
other major travel destinations;
‘‘(B) meet national defense requirements; and
‘‘(C) serve interstate and interregional travel.
‘‘(2) 
COMPONENTS.—The 
National 
Highway 
System
described in paragraph (1) consists of the following:
‘‘(A) The Interstate System described in subsection (c).
‘‘(B) Other urban and rural principal arterial routes.
‘‘(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes
on the National Highway System and a major intermodal
transportation facility.
‘‘(D) A strategic highway network consisting of a net-
work of highways that are important to the United States
strategic defense policy and that provide defense access,
continuity, and emergency capabilities for the movement
of personnel, materials, and equipment in both peacetime
and wartime. The highways may be highways on or off
the Interstate System and shall be designated by the Sec-
retary in consultation with appropriate Federal agencies
and the States.
‘‘(E) Major strategic highway network connectors
consisting of highways that provide motor vehicle access
between major military installations and highways that
are part of the strategic highway network. The highways
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
‘‘(3) MAXIMUM MILEAGE.—The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
H. R. 2400—26
‘‘(4) MODIFICATIONS TO NHS.—
‘‘(A) IN GENERAL.—The Secretary may make any modi-
fication, including any modification consisting of a connec-
tor to a major intermodal terminal, to the National High-
way System that is proposed by a State or that is proposed
by a State and revised by the Secretary if the Secretary
determines that the modification—
‘‘(i) meets the criteria established for the National
Highway System under this title; and
‘‘(ii) 
enhances 
the 
national 
transportation
characteristics of the National Highway System.
‘‘(B) COOPERATION.—
‘‘(i) IN
GENERAL.—In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
‘‘(ii) URBANIZED AREAS.—In an urbanized area, the
local officials shall act through the metropolitan plan-
ning organization designated for the area under section
134.
‘‘(5) CONGRESSIONAL HIGH PRIORITY CORRIDORS.—Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by section
1105 of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2031 et seq.) that was not identified on
the National Highway System described in paragraph (1).
‘‘(6) ELIGIBLE PROJECTS FOR NHS.—Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated
for any of the following:
‘‘(A) Construction, reconstruction, resurfacing, restora-
tion, and rehabilitation of segments of the National High-
way System.
‘‘(B) Operational improvements for segments of the
National Highway System.
‘‘(C) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System, and construction of a transit project eligible for
assistance under chapter 53 of title 49, if—
‘‘(i) the highway or transit project is in the same
corridor as, and in proximity to, a fully access-con-
trolled highway designated as a part of the National
Highway System;
‘‘(ii) the construction or improvements will improve
the level of service on the fully access-controlled high-
way described in clause (i) and improve regional traffic
flow; and
‘‘(iii) the construction or improvements are more
cost-effective than an improvement to the fully access-
controlled highway described in clause (i).
‘‘(D) Highway safety improvements for segments of
the National Highway System.
‘‘(E) Transportation planning in accordance with sec-
tions 134 and 135.
‘‘(F) Highway research and planning in accordance with
chapter 5.
‘‘(G) Highway-related technology transfer activities.
H. R. 2400—27
‘‘(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
‘‘(I) Fringe and corridor parking facilities.
‘‘(J) Carpool and vanpool projects.
‘‘(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
‘‘(L) Development, establishment, and implementation
of management systems under section 303.
‘‘(M) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetland mitigation efforts related to projects funded under
this title, which may include participation in natural habi-
tat and wetland mitigation banks, contributions to state-
wide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetland, and development
of statewide and regional natural habitat and wetland con-
servation and mitigation plans, including any such banks,
efforts, and plans authorized under the Water Resources
Development Act of 1990 (Public Law 101–640) (including
crediting provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place concur-
rent with or in advance of project construction; except
that contributions in advance of project construction may
occur only if the efforts are consistent with all applicable
requirements of Federal law (including regulations) and
State transportation planning processes. With respect to
participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that
has an impact that occurs within the service area of a
mitigation bank, preference shall be given, to the maximum
extent practicable, to the use of the mitigation bank if
the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Oper-
ation of Mitigation Banks (60 Fed. Reg. 58605 (November
28, 1995)) or other applicable Federal law (including regula-
tions).
‘‘(N) Publicly-owned intracity or intercity bus termi-
nals.
‘‘(O) Infrastructure-based intelligent transportation
systems capital improvements.
‘‘(P) In the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
any project eligible for assistance under section 133, any
airport, and any seaport.
‘‘(c) INTERSTATE SYSTEM.—
‘‘(1) DESCRIPTION.—
‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
‘‘(B) DESIGN.—
‘‘(i) IN
GENERAL.—Except as provided in clause
(ii), highways on the Interstate System shall be
designed in accordance with the standards of section
109(b).
H. R. 2400—28
‘‘(ii) EXCEPTION.—Highways on the Interstate Sys-
tem in Alaska and Puerto Rico shall be designed in
accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the locality
of the highway.
‘‘(C) LOCATION.—Highways on the Interstate System
shall be located so as—
‘‘(i) to connect by routes, as direct as practicable,
the principal metropolitan areas, cities, and industrial
centers;
‘‘(ii) to serve the national defense; and
‘‘(iii) to the maximum extent practicable, to connect
at suitable border points with routes of continental
importance in Canada and Mexico.
‘‘(D) SELECTION OF ROUTES.—To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation depart-
ments of the State in which the route is located and the
adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
‘‘(3) MODIFICATIONS.—The Secretary may approve or
require modifications to the Interstate System in a manner
consistent with the policies and procedures established under
this subsection.
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—
‘‘(A) ADDITIONS.—If the Secretary determines that a
highway on the National Highway System meets all stand-
ards of a highway on the Interstate System and that the
highway is a logical addition or connection to the Interstate
System, the Secretary may, upon the affirmative rec-
ommendation of the State or States in which the highway
is located, designate the highway as a route on the Inter-
state System.
‘‘(B) DESIGNATIONS
AS
FUTURE
INTERSTATE
SYSTEM
ROUTES.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a highway on the National Highway System would
be a logical addition or connection to the Interstate
System and would qualify for designation as a route
on the Interstate System under subparagraph (A) if
the highway met all standards of a highway on the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway
as a future Interstate System route.
‘‘(ii) WRITTEN AGREEMENT OF STATES.—A designa-
tion under clause (i) shall be made only upon the
written agreement of the State or States described
in such clause that the highway will be constructed
to meet all standards of a highway on the Interstate
System by the date that is 12 years after the date
of the agreement.
‘‘(iii) REMOVAL OF DESIGNATION.—
H. R. 2400—29
‘‘(I) IN
GENERAL.—If the State or States
described in clause (i) have not substantially com-
pleted the construction of a highway designated
under this subparagraph within the time provided
for in the agreement between the Secretary and
the State or States under clause (ii), the Secretary
shall remove the designation of the highway as
a future Interstate System route.
‘‘(II) EFFECT
OF
REMOVAL.—Removal of the
designation of a highway under subclause (I) shall
not preclude the Secretary from designating the
highway as a route on the Interstate System under
subparagraph (A) or under any other provision
of law providing for addition to the Interstate Sys-
tem.
‘‘(iv) PROHIBITION ON REFERRAL AS INTERSTATE SYS-
TEM ROUTE.—No law, rule, regulation, map, document,
or other record of the United States, or of any State
or political subdivision of a State, shall refer to any
highway designated as a future Interstate System
route under this subparagraph, nor shall any such
highway be signed or marked, as a highway on the
Interstate System until such time as the highway is
constructed to the geometric and construction stand-
ards for the Interstate System and has been designated
as a route on the Interstate System.
‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided
in this title, the designation of a highway under this para-
graph shall create no additional Federal financial respon-
sibility with respect to the highway.
‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTION FUNDS.—
‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT IN SURPLUS.—
‘‘(A) IN GENERAL.—Upon application by a State and
approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1)
any amount of funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century), if the amount does not exceed the Federal share
of the costs of construction of segments of the Interstate
System in the State included in the most recent Interstate
System cost estimate.
‘‘(B) EFFECT
OF
TRANSFER.—Upon transfer of an
amount under subparagraph (A), the construction on which
the amount is based, as included in the most recent Inter-
state System cost estimate, shall not be eligible for funding
under section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act
for the 21st Century) or 118(c).
‘‘(2) SURPLUS
INTERSTATE
CONSTRUCTION
FUNDS.—Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State under
section 104(b)(1) any amount of surplus funds apportioned to
the State under section 104(b)(5)(A) (as in effect on the day
before the date of enactment of the Transportation Equity
Act for the 21st Century), if the State has fully financed all
H. R. 2400—30
work eligible under the most recent Interstate System cost
estimate.
‘‘(3) APPLICABILITY OF CERTAIN LAWS.—Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the apportion-
ment to which the funds are transferred.’’.
(b) UNOBLIGATED
BALANCES
OF
INTERSTATE
SUBSTITUTE
FUNDS.—Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act), shall
be available for obligation by the State under the law (including
regulations, policies, and procedures) relating to the obligation and
expenditure of the funds in effect on that date.
(c) CONFORMING AMENDMENTS.—
(1)(A) Section 115(a) of title 23, United States Code, is
amended—
(i) in the subsection heading by striking ‘‘SUBSTITUTE,’’;
and
(ii) in paragraph (1)(A)(i) by striking ‘‘103(e)(4)(H),’’;
(B) Section 118 of such title is amended—
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ‘‘which has been’’ and all that follows
through ‘‘and has not’’ and inserting ‘‘which is a public road
and has not’’.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
‘‘section 139(a)’’ and inserting ‘‘section 103(c)(4)(A)’’.
(C) Section 1105(e)(5) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (109 Stat. 597) is amended by
striking subparagraph (B) and inserting the following:
‘‘(B) TREATMENT OF SEGMENTS.—Subject to subpara-
graph (C), segments designated as parts of the Interstate
System under this paragraph shall be treated in the same
manner as segments designated under section 103(c)(4)(A)
of title 23, United States Code.’’.
(d) INTERMODAL FREIGHT CONNECTORS STUDY.—
(1) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall—
(A) review the condition of and improvements made,
since the designation of the National Highway System,
to connectors on the National Highway System that serve
seaports, airports, and other intermodal freight transpor-
tation facilities; and
(B) report to Congress on the results of such review.
(2) REVIEW.—In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service
to an intermodal facility referred to in paragraph (1) and to
facilitate the efficient movement of freight, including move-
ments of freight between modes.
H. R. 2400—31
(3) IDENTIFICATION
OF
IMPEDIMENTS.—If the Secretary
determines on the basis of the review that there are impedi-
ments to improving the connectors serving intermodal facilities
referred to in paragraph (1), the Secretary shall identify such
impediments and make any appropriate recommendations as
part of the Secretary’s report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) IN GENERAL.—Section 119 of title 23, United States Code,
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) PROJECTS.—The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing—
‘‘(A) routes on the Interstate System designated under
section 103(c)(1) and, in Alaska and Puerto Rico, under
section 103(c)(4)(A);
‘‘(B) routes on the Interstate System designated before
the date of enactment of the Transportation Equity Act
for the 21st Century under subsections (a) and (b) of section
139 (as in effect on the day before the date of enactment
of such Act); and
‘‘(C) any segments that become part of the Interstate
System under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
‘‘(2) TOLL ROADS.—The Secretary may approve a project
pursuant to this subsection on a toll road only if such road
is subject to a Secretarial agreement provided for in section
129 or continued in effect by section 1012(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987 (101 Stat. 159).
‘‘(3) FUNDING.—Sums authorized to be appropriated to
carry out this section shall be out of the Highway Trust Fund
and shall be apportioned in accordance with section 104(b)(4).’’;
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as sub-
sections (b), (c), and (d), respectively.
(b) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—
Section 118(c) of such title is amended to read as follows:
‘‘(c) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—
‘‘(1) IN GENERAL.—Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000 in
fiscal year 1998 and $100,000,000 in each of fiscal years 1999
through 2003 for obligation by the Secretary for projects for
resurfacing, restoring, rehabilitating, and reconstructing any
route or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate System
under section 139 (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century)) and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on December
17, 1991).
‘‘(2) SELECTION CRITERIA.—The amounts set aside under
paragraph (1) shall be made available by the Secretary to
H. R. 2400—32
any State applying for such funds if the Secretary determines
that—
‘‘(A) the State has obligated or demonstrates that it
will obligate in the fiscal year all of its apportionments
under section 104(b)(4) other than an amount that, by
itself, is insufficient to pay the Federal share of the cost
of a project for resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System that has been submit-
ted by the State to the Secretary for approval; and
‘‘(B) the applicant is willing and able to—
‘‘(i) obligate the funds within 1 year of the date
the funds are made available;
‘‘(ii) apply the funds to a ready-to-commence
project; and
‘‘(iii) in the case of construction work, begin work
within 90 days after obligation.
‘‘(3) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In
selecting projects to fund under paragraph (1), the Secretary
shall give priority consideration to any project the cost of which
exceeds $10,000,000 on any high volume route in an urban
area or a high truck-volume route in a rural area.
‘‘(4) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.—
Sums made available pursuant to this subsection shall remain
available until expended.’’.
(c) INTERSTATE NEEDS.—
(1) STUDY.—The Secretary shall conduct, in cooperation
with States and affected metropolitan planning organizations,
a study to determine—
(A) the expected condition of the Interstate System
over the next 10 years and the needs of States and metro-
politan planning organizations to reconstruct and improve
the Interstate System;
(B) the resources necessary to maintain and improve
the Interstate System; and
(C) the means to ensure that the Nation’s surface
transportation program can—
(i) address the needs identified in subparagraph
(A); and
(ii) allow for States to address any extraordinary
needs.
(2) REPORT.—Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) ELIGIBILITY OF PROJECTS.—Section 133(b) of title 23, United
States Code, is amended—
(1) in paragraph (1) by inserting after ‘‘magnesium acetate’’
the following: ‘‘, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing and de-icing
compositions’’;
(2) in paragraph (2) by striking ‘‘and publicly owned intra-
city or intercity bus terminals and facilities’’ and inserting
‘‘, including vehicles and facilities, whether publicly or privately
owned, that are used to provide intercity passenger service
by bus’’;
(3) in paragraph (3)—
H. R. 2400—33
(A) by striking ‘‘and bicycle’’ and inserting ‘‘bicycle’’;
and
(B) by inserting before the period at the end the follow-
ing: ‘‘, and the modification of public sidewalks to comply
with the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.)’’;
(4) in paragraph (4) by inserting ‘‘infrastructure’’ after
‘‘safety’’;
(5) in paragraph (9) by striking ‘‘section 108(f)(1)(A) (other
than clauses (xii) and (xvi)) of the Clean Air Act’’ and inserting
‘‘section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))’’;
(6) in paragraph (11)—
(A) in the first sentence—
(i) by inserting ‘‘natural habitat and’’ after ‘‘partici-
pation in’’ each place it appears;
(ii) by striking ‘‘enhance and create’’ and inserting
‘‘enhance, and create natural habitats and’’; and
(iii) by inserting ‘‘natural habitat and’’ before ‘‘wet-
lands conservation’’; and
(B) by adding at the end the following: ‘‘With respect
to participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that
has an impact that occurs within the service area of a
mitigation bank, preference shall be given, to the maximum
extent practicable, to the use of the mitigation bank if
the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Oper-
ation of Mitigation Banks (60 Fed. Reg. 58605 (November
28, 1995)) or other applicable Federal law (including regula-
tions).’’; and
(7) by adding at the end the following:
‘‘(13) Infrastructure-based intelligent transportation sys-
tems capital improvements.
‘‘(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation facili-
ties, which projects shall be carried out when the transportation
facilities are undergoing reconstruction, rehabilitation, resur-
facing, or restoration; except that the expenditure of funds
under this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent of the
total cost of the reconstruction, rehabilitation, resurfacing, or
restoration project.’’.
(b) TRANSPORTATION ENHANCEMENT ACTIVITIES.—Section 133
of such title is amended—
(1) in subsection (d)(3)(D) by striking ‘‘any State’’ and all
that follows through the period at the end and inserting
‘‘Hawaii and Alaska’’; and
(2) in subsection (e)—
(A) in paragraph (3)(B)(i) by striking ‘‘if the Secretary’’
and all that follows through ‘‘activities’’; and
(B) in paragraph (5) by adding at the end the following:
‘‘(C) COST SHARING.—
H. R. 2400—34
‘‘(i) REQUIRED AGGREGATE NON-FEDERAL SHARE.—
The average annual non-Federal share of the total
cost of all projects to carry out transportation enhance-
ment activities in a State for a fiscal year shall be
not less than the non-Federal share authorized for
the State under section 120(b).
‘‘(ii) INNOVATIVE FINANCING.—Subject to clause (i),
notwithstanding section 120—
‘‘(I) funds from other Federal agencies and
the value of other contributions (as determined
by the Secretary) may be credited toward the non-
Federal share of the costs of a project to carry
out a transportation enhancement activity;
‘‘(II) the non-Federal share for such a project
may be calculated on a project, multiple-project,
or program basis; and
‘‘(III) the Federal share of the cost of an
individual project to which subclause (I) or (II)
applies may be up to 100 percent.’’.
(c) PROGRAM APPROVAL.—Section 133(e) of such title is amended
by striking paragraph (2) and inserting the following:
‘‘(2) PROGRAM APPROVAL.—
‘‘(A) SUBMISSION OF PROJECT AGREEMENT.—For each
fiscal year, each State shall submit a project agreement
that—
‘‘(i) certifies that the State will meet all the
requirements of this section; and
‘‘(ii) notifies the Secretary of the amount of obliga-
tions needed to carry out the program under this sec-
tion.
‘‘(B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in subparagraph
(A)(ii) as the State determines to be necessary.
‘‘(C) EFFECT
OF
APPROVAL
BY
THE
SECRETARY.—
Approval by the Secretary of a project agreement under
subparagraph (A) shall be deemed a contractual obligation
of the United States to pay surface transportation program
funds made available under this title.’’.
(d) PAYMENTS.—Section 133(e)(3)(A) of such title is amended
by striking the second sentence.
(e) SURFACE TRANSPORTATION PROGRAM OBLIGATIONS IN URBAN
AREAS.—Section 133 of such title is amended to read as follows:
‘‘(f) OBLIGATION AUTHORITY.—
‘‘(1) IN GENERAL.—A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the period of fiscal years 1998 through 2000 and the period
of fiscal years 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid highways
and highway safety construction programs for use in the area
that is equal to the amount obtained by multiplying—
‘‘(A) the aggregate amount of funds that the State
is required to obligate in the area under subsection (d)
during the period; and
‘‘(B) the ratio that—
H. R. 2400—35
‘‘(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and
highway safety construction programs during the
period; bears to
‘‘(ii) the total of the sums apportioned to the State
for Federal-aid highways and highway safety construc-
tion programs (excluding sums not subject to an obliga-
tion limitation) during the period.
‘‘(2) JOINT
RESPONSIBILITY.—Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).’’.
(f) DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000
POPULATION.—
(1) SPECIAL RULE.—Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph
(2), up to 15 percent of the amounts required to be obligated
under section 133(d)(3)(B) of such title for each of fiscal years
1998 through 2003 may be obligated on roads functionally
classified as minor collectors.
(2) SUSPENSION.—The Secretary may suspend the applica-
tion of paragraph (1) if the Secretary determines that paragraph
(1) is being used excessively.
(g) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERV-
ICE CORPS.—The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified youth
conservation or service corps to perform appropriate transportation
enhancement activities under chapter 1 of title 23, United States
Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) APPORTIONMENT
FORMULA.—Section 144(e) of title 23,
United States Code, is amended in the fourth sentence by inserting
before the period at the end the following: ‘‘, and, if a State transfers
funds apportioned to the State under this section in a fiscal year
beginning after September 30, 1997, to any other apportionment
of funds to such State under this title, the total cost of deficient
bridges in such State and in all States to be determined for the
succeeding fiscal year shall be reduced by the amount of such
transferred funds’’.
(b) DISCRETIONARY BRIDGE SET-ASIDE.—Section 144(g)(1) of
such title is amended—
(1) by inserting ‘‘(A) FISCAL
YEARS
1992
THROUGH
1997.—’’ before ‘‘Of the amounts’’;
(2) by adding at the end the following:
‘‘(B) FISCAL
YEAR
1998.—Of the amounts authorized
to be appropriated to carry out the bridge program under
this section for fiscal year 1998, all but $25,000,000 shall
be apportioned as provided in subsection (e) of this section.
Such $25,000,000 shall be available only for projects for
the seismic retrofit of a bridge described in subsection
(l).
‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—Of the amounts
authorized to be appropriated to carry out the bridge pro-
gram under this section for each of fiscal years 1999
through 2003, all but $100,000,000 shall be apportioned
as provided in subsection (e). Such $100,000,000 shall be
available at the discretion of the Secretary; except that
H. R. 2400—36
not to exceed $25,000,000 shall be available only for
projects for the seismic retrofit of bridges, including projects
in the New Madrid fault region.’’; and
(3) by indenting subparagraph (A) (as designated by para-
graph (1) of this subsection) and aligning such subparagraph
(A) with subparagraphs (B) and (C) of such section (as added
by paragraph (2) of this subsection).
(c) OFF-SYSTEM BRIDGE SET-ASIDE.—Section 144(g)(3) of such
title is amended—
(1) by striking ‘‘, 1988’’ and all that follows through ‘‘1997,’’
and inserting ‘‘through 2003’’; and
(2) by striking ‘‘system’’ each place it appears and inserting
‘‘highway’’.
(d) ELIGIBILITY.—Section 144 of title 23, United States Code,
is amended—
(1) in subsection (d) by inserting after ‘‘magnesium acetate’’
the following: ‘‘, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures’’;
(2) in subsection (d) by inserting after ‘‘such acetate’’ each
place it appears the following: ‘‘or sodium acetate/formate or
such anti-icing or de-icing composition or installation of such
countermeasures’’; and
(3) in subsection (g)(3) by inserting after ‘‘magnesium
acetate’’ the following: ‘‘, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or install scour countermeasures’’.
(e) CONFORMING AMENDMENT.—Section 144(n) of such title is
amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 149(a) of title 23,
United States Code, is amended by inserting after ‘‘establish’’ the
following: ‘‘and implement’’.
(b) CURRENTLY ELIGIBLE PROJECTS.—Section 149(b) of such
title is amended—
(1) by striking ‘‘that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994’’ and inserting
the following: ‘‘that is or was designated as a nonattainment
area for ozone, carbon monoxide, or particulate matter under
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
classified pursuant to section 181(a), 186(a), 188(a), or 188(b)
of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or
7513(b)) or is or was designated as a nonattainment area under
such section 107(d) after December 31, 1997,’’;
(2) in paragraph (1)(A) by striking ‘‘clauses (xii) and’’; and
inserting ‘‘clause’’;
(3) in paragraph (1)(A)(ii) by striking ‘‘an area’’ and all
that follows through the semicolon and inserting ‘‘a mainte-
nance area;’’;
(4) by striking ‘‘or’’ at the end of paragraph (3);
(5) by striking ‘‘standard.’’ at the end of paragraph (4)
and inserting ‘‘standard; or’’; and
(6) by inserting after paragraph (4) the following:
H. R. 2400—37
‘‘(5) if the program or project improves traffic flow, includ-
ing projects to improve signalization, construct high occupancy
vehicle lanes, improve intersections, and implement intelligent
transportation system strategies and such other projects that
are eligible for assistance under this section on the day before
the date of enactment of this paragraph.’’.
(c) STATES RECEIVING MINIMUM APPORTIONMENT.—Section 149
of such title is amended by striking subsection (c) and inserting
the following:
‘‘(c) STATES RECEIVING MINIMUM APPORTIONMENT.—
‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State
does not have, and never has had, a nonattainment area des-
ignated under the Clean Air Act (42 U.S.C. 7401 et seq.),
the State may use funds apportioned to the State under section
104(b)(2) for any project eligible under the surface transpor-
tation program under section 133.
‘‘(2) STATES WITH A NONATTAINMENT AREA.—If a State has
a nonattainment area or maintenance area and receives funds
under section 104(b)(2)(D) above the amount of funds that
the State would have received based on its nonattainment
and maintenance area population under subparagraphs (B) and
(C) of section 104(b)(2), the State may use that portion of
the funds not based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of section
104(b)(2) for any project in the State eligible under section
133.’’.
(d) PUBLIC-PRIVATE PARTNERSHIPS.—
(1) IN
GENERAL.—Section 149 of such title is amended
by adding at the end the following:
‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title and in accordance with this subsection, a metropolitan
planning organization, State transportation department, or
other project sponsor may enter into an agreement with any
public, private, or nonprofit entity to cooperatively implement
any project carried out under this section.
‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—Participation
by an entity under paragraph (1) may consist of—
‘‘(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
‘‘(B) cost sharing of any project expense;
‘‘(C) carrying out of administration, construction
management, project management, project operation, or
any other management or operational duty associated with
the project; and
‘‘(D) any other form of participation approved by the
Secretary.
‘‘(3) ALLOCATION TO ENTITIES.—A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the case of a project
that will provide for the use of alternative fuels by privately
owned vehicles or vehicle fleets, activities eligible for funding
under this subsection—
‘‘(A) may include the costs of vehicle refueling infra-
structure, including infrastructure that would support the
development, production, and use of emerging technologies
H. R. 2400—38
that reduce emissions of air pollutants from motor vehicles,
and other capital investments associated with the project;
‘‘(B) shall include only the incremental cost of an alter-
native fueled vehicle, as compared to a conventionally
fueled vehicle, that would otherwise be borne by a private
party; and
‘‘(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION WITH RESPECT
TO
REQUIRED
ACTIVITIES.—A Federal participation payment
under this subsection may not be made to an entity to fund
an obligation imposed under the Clean Air Act (42 U.S.C.
7401 et seq.) or any other Federal law.’’.
(2) DETERMINATION BY THE SECRETARY.—For the purposes
of section 149(c) of title 23, United States Code, the Secretary
shall determine in accordance with the procedures specified
in section 149(b) of such title whether water-phased hydro-
carbon fuel emulsion technologies that consist of a hydrocarbon
base and water in an amount not less than 20 percent by
volume that reduce emissions of hydrocarbon, particulate mat-
ter, carbon monoxide, or nitrogen oxide from motor vehicles.
(e) STUDY OF CMAQ PROGRAM.—
(1) IN GENERAL.—The Secretary and the Administrator of
the Environmental Protection Agency shall enter into arrange-
ments with the National Academy of Sciences to complete,
by not later than January 1, 2001, a study of the congestion
mitigation and air quality improvement program under section
149 of title 23, United States Code. The study shall, at a
minimum—
(A) evaluate the air quality impacts of emissions from
motor vehicles;
(B) evaluate the negative effects of traffic congestion,
including the economic effects of time lost due to congestion;
(C) determine the amount of funds obligated under
the program and make a comprehensive analysis of the
types of projects funded under the program;
(D) evaluate the emissions reductions attributable to
projects of various types that have been funded under
the program;
(E) assess the effectiveness, including the quantitative
and nonquantitative benefits, of projects funded under the
program and include, in the assessment, an estimate of
the cost per ton of pollution reduction;
(F) assess the cost effectiveness of projects funded
under the program with respect to congestion mitigation;
(G) compare—
(i) the costs of achieving the air pollutant emissions
reductions achieved under the program; to
(ii) the costs that would be incurred if similar
reductions were achieved by other measures, including
pollution controls on stationary sources;
(H) include recommendations on improvements, includ-
ing other types of projects, that will increase the overall
effectiveness of the program;
(I) include recommendations on expanding the scope
of the program to address traffic-related pollutants that,
H. R. 2400—39
as of the date of the study, are not addressed by the
program.
(2) REPORT.—Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the
Committee on Transportation and Infrastructure and the
Committee on Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate
a report on the results of the study with recommendations
for modifications to the congestion mitigation and air quality
improvement program in light of the results of the study.
(3) FUNDING.—Before making the apportionment of funds
under section 104(b)(2) of title 23, United States Code, for
each of fiscal years 1999 and 2000, the Secretary shall deduct
from the amount to be apportioned under such section for
such fiscal year, and make available, $500,000 for such fiscal
year to carry out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) STATE-DETERMINED LOWER FEDERAL SHARE.—Section 120
of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Except’’ and inserting the following:
‘‘(1) IN GENERAL.—Except’’;
(B) by adding at the end the following:
‘‘(2) STATE-DETERMINED
LOWER
FEDERAL
SHARE.—In the
case of any project subject to paragraph (1), a State may deter-
mine a lower Federal share than the Federal share determined
under such paragraph.’’; and
(C) 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 (B) of this paragraph); and
(2) in subsection (b) by adding at the end the following:
‘‘In the case of any project subject to this subsection, a State
may determine a lower Federal share than the Federal share
determined under the preceding sentences of this subsection.’’.
(b) 
INCREASED
FEDERAL
SHARE
FOR
CERTAIN
SAFETY
PROJECTS.—The first sentence of section 120(c) of such title is
amended by inserting ‘‘or transit vehicles’’ after ‘‘emergency
vehicles’’.
(c) CREDIT FOR NON-FEDERAL SHARE.—Section 120 of such title
is amended by adding at the end the following:
‘‘(j) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a credit toward
the non-Federal share requirement for any funds made avail-
able to carry out this title (other than the emergency relief
program authorized by section 125) or chapter 53 of title 49
toll revenues that are generated and used by public, quasi-
public, and private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public purpose
of interstate commerce. Such public, quasi-public, or private
agencies shall have built, improved, or maintained such facili-
ties without Federal funds.
‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN GENERAL.—The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
H. R. 2400—40
State funds required to match Federal funds for any pro-
gram under this title.
‘‘(B) CONDITION
ON
RECEIPT
OF
CREDIT.—To receive
a credit under paragraph (1) for a fiscal year, a State
shall enter into such agreement as the Secretary may
require to ensure that the State will maintain its non-
Federal transportation capital expenditures in such fiscal
year at or above the average level of such expenditures
for the preceding 3 fiscal years; except that if, for any
1 of the preceding 3 fiscal years, the non-Federal transpor-
tation capital expenditures of the State were at a level
that was greater than 130 percent of the average level
of such expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that the State
will maintain its non-Federal transportation capital
expenditures in the fiscal year of the credit at or above
the average level of such expenditures for the other 2
fiscal years.
‘‘(C) 
TRANSPORTATION
CAPITAL
EXPENDITURES
DEFINED.—In subparagraph (B), the term ‘non-Federal
transportation capital expenditures’ includes any payments
made by the State for issuance of transportation-related
bonds.
‘‘(3) TREATMENT.—
‘‘(A) LIMITATION ON LIABILITY.—Use of a credit for a
non-Federal share under this subsection that is received
from a public, quasi-public, or private agency—
‘‘(i) shall not expose the agency to additional liabil-
ity, additional regulation, or additional administrative
oversight; and
‘‘(ii) shall not subject the agency to any additional
Federal design standards or laws (including regula-
tions) as a result of providing the non-Federal share
other than those to which the agency is already subject.
‘‘(B) CHARTERED MULTISTATE AGENCIES.—When a credit
that is received from a chartered multistate agency is
applied to a non-Federal share under this subsection, such
credit shall be applied equally to all charter States.’’.
(d) CONFORMING AMENDMENTS.—Section 130(a) of such title
is amended—
(1) in the first sentence by striking ‘‘Except as provided
in subsection (d) of section 120 of this title’’ and inserting
‘‘Subject to section 120’’; and
(2) in the second sentence by striking ‘‘except as provided
in subsection (d) of section 120 of this title’’ and inserting
‘‘subject to section 120’’.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
‘‘§ 206. Recreational trails program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) MOTORIZED RECREATION.—The term ‘motorized recre-
ation’ means off-road recreation using any motor-powered
vehicle, except for a motorized wheelchair.
H. R. 2400—41
‘‘(2) RECREATIONAL
TRAIL.—The term ‘recreational trail’
means a thoroughfare or track across land or snow, used for
recreational purposes such as—
‘‘(A) pedestrian activities, including wheelchair use;
‘‘(B) skating or skateboarding;
‘‘(C) equestrian activities, including carriage driving;
‘‘(D) nonmotorized snow trail activities, including ski-
ing;
‘‘(E) bicycling or use of other human-powered vehicles;
‘‘(F) aquatic or water activities; and
‘‘(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
‘‘(b) PROGRAM.—In accordance with this section, the Secretary,
in consultation with the Secretary of the Interior and the Secretary
of Agriculture, shall carry out a program to provide and maintain
recreational trails.
‘‘(c) STATE RESPONSIBILITIES.—To be eligible for apportionments
under this section—
‘‘(1) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
‘‘(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and non-
motorized recreational trail users, which shall meet not less
often than once per fiscal year.
‘‘(d) USE OF APPORTIONED FUNDS.—
‘‘(1) IN GENERAL.—Funds apportioned to a State to carry
out this section shall be obligated for recreational trails and
related projects that—
‘‘(A) have been planned and developed under the laws,
policies, and administrative procedures of the State; and
‘‘(B) are identified in, or further a specific goal of,
a recreational trail plan, or a statewide comprehensive
outdoor recreation plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.),
that is in effect.
‘‘(2) PERMISSIBLE USES.—Permissible uses of funds appor-
tioned to a State for a fiscal year to carry out this section
include—
‘‘(A) maintenance and restoration of existing rec-
reational trails;
‘‘(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational trails;
‘‘(C) purchase and lease of recreational trail construc-
tion and maintenance equipment;
‘‘(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal lands,
construction of the trails shall be—
‘‘(i) permissible under other law;
‘‘(ii) necessary and required by a statewide com-
prehensive outdoor recreation plan that is required
by the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–4 et seq.) and that is in effect;
‘‘(iii) approved by the administering agency of the
State designated under subsection (c)(1); and
H. R. 2400—42
‘‘(iv) approved by each Federal agency having juris-
diction over the affected lands under such terms and
conditions as the head of the Federal agency deter-
mines to be appropriate, except that the approval shall
be contingent on compliance by the Federal agency
with all applicable laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
‘‘(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail cor-
ridors;
‘‘(F) payment of costs to the State incurred in admin-
istering the program, but in an amount not to exceed
7 percent of the apportionment made to the State for the
fiscal year to carry out this section; and
‘‘(G) operation of educational programs to promote
safety and environmental protection as those objectives
relate to the use of recreational trails, but in an amount
not to exceed 5 percent of the apportionment made to
the State for the fiscal year.
‘‘(3) USE OF APPORTIONMENTS.—
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B), (C), and (D), of the apportionments made to
a State for a fiscal year to carry out this section—
‘‘(i) 40 percent shall be used for recreational trail
or related projects that facilitate diverse recreational
trail use within a recreational trail corridor, trailside,
or trailhead, regardless of whether the project is for
diverse motorized use, for diverse nonmotorized use,
or to accommodate both motorized and nonmotorized
recreational trail use;
‘‘(ii) 30 percent shall be used for uses relating
to motorized recreation; and
‘‘(iii) 30 percent shall be used for uses relating
to nonmotorized recreation.
‘‘(B) SMALL STATE EXCLUSION.—Any State with a total
land area of less than 3,500,000 acres shall be exempt
from the requirements of clauses (ii) and (iii) of subpara-
graph (A).
‘‘(C) WAIVER
AUTHORITY.—A State recreational trail
advisory committee established under subsection (c)(2) may
waive, in whole or in part, the requirements of clauses
(ii) and (iii) of subparagraph (A) if the State recreational
trail advisory committee determines and notifies the Sec-
retary that the State does not have sufficient projects to
meet the requirements of clauses (ii) and (iii) of subpara-
graph (A).
‘‘(D) STATE ADMINISTRATIVE COSTS.—State administra-
tive costs eligible for funding under paragraph (2)(F) shall
be exempt from the requirements of subparagraph (A).
‘‘(4) GRANTS.—
‘‘(A) IN GENERAL.—A State may use funds apportioned
to the State to carry out this section to make grants to
H. R. 2400—43
private organizations, municipal, county, State, and Fed-
eral Government entities, and other government entities
as approved by the State after considering guidance from
the State recreational trail advisory committee established
under subsection (c)(2), for uses consistent with this section.
‘‘(B) COMPLIANCE.—A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of the
program for the use of grant funds.
‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—To the extent
practicable and consistent with the other requirements of this sec-
tion, a State should give consideration to project proposals that
provide for the redesign, reconstruction, nonroutine maintenance,
or relocation of recreational trails to benefit the natural environ-
ment or to mitigate and minimize the impact to the natural environ-
ment.
‘‘(f) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Notwithstanding
any other provision of law, a Federal agency that sponsors
a project under this section may contribute additional Federal
funds toward the cost of a project, except that—
‘‘(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of
a project under this section; and
‘‘(B) the share attributable to the Secretary and the
Federal agency may not exceed 95 percent of the cost
of a project under this section.
‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMS TO PROVIDE
NON-FEDERAL SHARE.—Notwithstanding any other provision of
law, the non-Federal share of the cost of the project may include
amounts made available by the Federal Government under
any Federal program that are—
‘‘(A) expended in accordance with the requirements
of the Federal program relating to activities funded and
populations served; and
‘‘(B) expended on a project that is eligible for assistance
under this section.
‘‘(4) PROGRAMMATIC
NON-FEDERAL
SHARE.—A State may
allow adjustments to the non-Federal share of an individual
project for a fiscal year under this section if the Federal share
of the cost of all projects carried out by the State under the
program (excluding projects funded under paragraph (2) or
(3)) using funds apportioned to the State for the fiscal year
does not exceed 80 percent.
‘‘(5) STATE ADMINISTRATIVE COSTS.—The Federal share of
the administrative costs of a State under this subsection shall
be determined in accordance with section 120(b).
‘‘(g) USES NOT PERMITTED.—A State may not obligate funds
apportioned to carry out this section for—
‘‘(1) condemnation of any kind of interest in property;
‘‘(2) construction of any recreational trail on National Forest
System land for any motorized use unless—
‘‘(A) the land has been designated for uses other than
wilderness by an approved forest land and resource
H. R. 2400—44
management plan or has been released to uses other than
wilderness by an Act of Congress; and
‘‘(B) the construction is otherwise consistent with the
management direction in the approved forest land and
resource management plan;
‘‘(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land—
‘‘(A) has been designated for uses other than wilderness
by an approved Bureau of Land Management resource
management plan or has been released to uses other than
wilderness by an Act of Congress; and
‘‘(B) the construction is otherwise consistent with the
management direction in the approved management plan;
or
‘‘(4) upgrading, expanding, or otherwise facilitating motor-
ized use or access to recreational trails predominantly used
by nonmotorized recreational trail users and on which, as of
May 1, 1991, motorized use was prohibited or had not occurred.
‘‘(h) PROJECT ADMINISTRATION.—
‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, SERV-
ICES, OR NEW RIGHT-OF-WAY.—
‘‘(A) IN GENERAL.—Nothing in this title or other law
shall prevent a project sponsor from offering to donate
funds, materials, services, or a new right-of-way for the
purposes of a project eligible for assistance under this
section. Any funds, or the fair market value of any mate-
rials, services, or new right-of-way, may be donated by
any project sponsor and shall be credited to the non-Federal
share in accordance with subsection (f).
‘‘(B) FEDERAL PROJECT SPONSORS.—Any funds or the
fair market value of any materials or services may be
provided by a Federal project sponsor and shall be credited
to the Federal agency’s share in accordance with subsection
(f).
‘‘(2) RECREATIONAL PURPOSE.—A project funded under this
section is intended to enhance recreational opportunity and
is not subject to section 138 of this title or section 303 of
title 49.
‘‘(3) CONTINUING RECREATIONAL USE.—At the option of each
State, funds apportioned to the State to carry out this section
may be treated as Land and Water Conservation Fund appor-
tionments for the purposes of section 6(f)(3) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)).
‘‘(4) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condition of making
available apportionments for work on recreational trails
that would affect privately owned land, a State shall obtain
written assurances that the owner of the land will cooperate
with the State and participate as necessary in the activities
to be conducted.
‘‘(B) PUBLIC ACCESS.—Any use of the apportionments
to a State to carry out this section on privately owned
land must be accompanied by an easement or other legally
binding agreement that ensures public access to the rec-
reational trail improvements funded by the apportion-
ments.
H. R. 2400—45
‘‘(i) CONTRACT AUTHORITY.—Funds authorized to carry out this
section shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1, except that the
Federal share of the cost of a project under this section shall
be determined in accordance with this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 206 and inserting the following:
‘‘206. Recreational trails program.’’.
(c) REPEAL OF OBSOLETE PROVISION.—Section 1302 of the Inter-
modal Surface Transportation Efficiency Act of 1991 (16 U.S.C.
1261) is repealed.
(d) TERMINATION OF ADVISORY COMMITTEE.—Section 1303 of
such Act (16 U.S.C. 1262) is amended by adding at the end the
following:
‘‘(j) TERMINATION.—The advisory committee established by this
section shall terminate on September 30, 2000.’’.
(e) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERV-
ICE CORPS.—The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified youth
conservation or service corps to perform construction and mainte-
nance of recreational trails under section 206 of title 23, United
States Code.
SEC. 1113. EMERGENCY RELIEF.
(a) FEDERAL SHARE.—Section 120(e) of title 23, United States
Code, is amended in the first sentence by striking ‘‘highway system’’
and inserting ‘‘highway’’.
(b) ELIGIBILITY
AND FUNDING.—Section 125 of such title is
amended—
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the following:
‘‘(a) GENERAL ELIGIBILITY.—Subject to this section and section
120, an emergency fund is authorized for expenditure by the Sec-
retary for the repair or reconstruction of highways, roads, and
trails, in any part of the United States, including Indian reserva-
tions, that the Secretary finds have suffered serious damage as
a result of—
‘‘(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide;
or
‘‘(2) catastrophic failure from any external cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event shall funds be
used pursuant to this section for the repair or reconstruction of
bridges that have been permanently closed to all vehicular traffic
by the State or responsible local official because of imminent danger
of collapse due to a structural deficiency or physical deterioration.
‘‘(c) FUNDING.—Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other
than the Mass Transit Account) such sums as may be necessary
to establish the fund authorized by this section and to replenish
it on an annual basis:
‘‘(1) Not more than $100,000,000 is authorized to be obli-
gated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section; except that,
if in any fiscal year the total of all obligations under this
H. R. 2400—46
section is less than the amount authorized to be obligated
in such fiscal year, the unobligated balance of such amount
shall remain available until expended and shall be in addition
to amounts otherwise available to carry out this section each
year.
‘‘(2) Pending such appropriation or replenishment, the Sec-
retary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title, includ-
ing existing Federal-aid appropriations, such sums as may be
necessary for the immediate prosecution of the work herein
authorized. Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.’’;
(3) in subsection (d) (as so redesignated)—
(A) in the first sentence by striking ‘‘reconstruction
of highways’’ and all that follows through ‘‘in accordance’’
and inserting ‘‘reconstruction of highways on Federal-aid
highways in accordance’’;
(B) by striking ‘‘subsection (c)’’ both places it appears
and inserting ‘‘subsection (e)’’;
(C) in the second sentence by striking ‘‘authorized’’
and all that follows through the period and inserting
‘‘authorized on Federal-aid highways.’’; and
(D) in the last sentence by striking ‘‘Disaster Relief
and Emergency Assistance Act (Public Law 93–288)’’ and
inserting ‘‘Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)’’; and
(4) in subsection (e) (as so redesignated) by striking ‘‘on
any of the Federal-aid highway systems’’ and inserting ‘‘Fed-
eral-aid highways’’.
(c) 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.
(d) TECHNICAL AMENDMENTS.—Section 120(e) of such title is
amended—
(1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; and
(2) by striking ‘‘90’’ and inserting ‘‘180’’.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) IN GENERAL.—Section 143 of title 23, United States Code,
is amended to read as follows:
‘‘§ 143. Highway use tax evasion projects
‘‘(a) STATE DEFINED.—In this section, the term ‘State’ means
the 50 States and the District of Columbia.
‘‘(b) PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall carry out highway
use tax evasion projects in accordance with this subsection.
H. R. 2400—47
‘‘(2) ALLOCATION OF FUNDS.—Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVE-
NUE SERVICE.—The Secretary shall not impose any condition
on the use of funds allocated to the Internal Revenue Service
under this subsection.
‘‘(4) LIMITATION ON USE OF FUNDS.—Funds made available
to carry out this section shall be used only—
‘‘(A) to expand efforts to enhance motor fuel tax
enforcement;
‘‘(B) to fund additional Internal Revenue Service staff,
but only to carry out functions described in this paragraph;
‘‘(C) to supplement motor fuel tax examinations and
criminal investigations;
‘‘(D) to develop automated data processing tools to
monitor motor fuel production and sales;
‘‘(E) to evaluate and implement registration and report-
ing requirements for motor fuel taxpayers;
‘‘(F) to reimburse State expenses that supplement exist-
ing fuel tax compliance efforts; and
‘‘(G) to analyze and implement programs to reduce
tax evasion associated with other highway use taxes.
‘‘(5) MAINTENANCE
OF
EFFORT.—The Secretary may not
make an allocation to a State under this subsection for a
fiscal year unless the State certifies that the aggregate expendi-
ture of funds of the State, exclusive of Federal funds, for motor
fuel tax enforcement activities will be maintained at a level
that does not fall below the average level of such expenditure
for the preceding 2 fiscal years of the State.
‘‘(6) FEDERAL
SHARE.—The Federal share of the cost of
a project carried out under this subsection shall be 100 percent.
‘‘(7) PERIOD OF AVAILABILITY.—Funds authorized to carry
out this section shall remain available for obligation for a
period of 3 years after the last day of the fiscal year for
which the funds are authorized.
‘‘(8) USE OF SURFACE TRANSPORTATION PROGRAM FUNDING.—
In addition to funds made available to carry out this section,
a State may expend up to 1⁄4 of 1 percent of the funds appor-
tioned to the State for a fiscal year under section 104(b)(3)
on initiatives to halt the evasion of payment of motor fuel
taxes.
‘‘(c) EXCISE FUEL REPORTING SYSTEM.—
‘‘(1) IN GENERAL.—Not later than April 1, 1998, the Sec-
retary shall enter into a memorandum of understanding with
the Commissioner of the Internal Revenue Service for the pur-
poses of the development and maintenance by the Internal
Revenue Service of an excise fuel reporting system (in this
subsection referred to as the ‘system’).
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The
memorandum of understanding shall provide that—
‘‘(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
‘‘(B) the system shall be under the control of the
Internal Revenue Service; and
‘‘(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, and law
H. R. 2400—48
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made available to carry
out this section for each of fiscal years 1998 through 2003,
the Secretary shall make available sufficient funds to the
Internal Revenue Service to establish and operate an automated
fuel reporting system.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of such title is amended
by striking the item relating to section 143 and inserting the
following:
‘‘143. Highway use tax evasion projects.’’.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992)
is repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203)
is amended—
(A) in the first sentence of subsection (g) by striking
‘‘section 1040 of this Act’’ and inserting ‘‘section 143 of
title 23, United States Code,’’; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL SHARE PAYABLE.—Section 120 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(j) USE OF FEDERAL LAND MANAGEMENT AGENCY FUNDS.—
Notwithstanding any other provision of law, the funds appropriated
to any Federal land management agency may be used to pay the
non-Federal share of the cost of any Federal-aid highway project
the Federal share of which is funded under section 104.
‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM FUNDS.—
Notwithstanding any other provision of law, the funds authorized
to be appropriated to carry out the Federal lands highways program
under section 204 may be used to pay the non-Federal share of
the cost of any project that is funded under section 104 and that
provides access to or within Federal or Indian lands.’’.
(b) ALLOCATIONS.—Section 202(d) of such title is amended—
(1) by inserting ‘‘INDIAN RESERVATION ROADS.—’’ after ‘‘(d)’’;
(2) by inserting ‘‘(1) FOR
FISCAL
YEARS
ENDING
BEFORE
OCTOBER 1, 1999.—’’ before ‘‘On October’’;
(3) by inserting after ‘‘each fiscal year’’ the following: ‘‘end-
ing before October 1, 1999’’;
(4) by adding at the end the following:
‘‘(2) FISCAL YEAR 2000 AND THEREAFTER.—
‘‘(A) IN GENERAL.—All funds authorized to be appro-
priated for Indian reservation roads shall be allocated
among Indian tribes for fiscal year 2000 and each subse-
quent fiscal year in accordance with a formula established
by the Secretary of the Interior under a negotiated rule-
making procedure under subchapter III of chapter 5 of
title 5.
‘‘(B) REGULATIONS.—Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior shall
issue regulations governing the Indian reservation roads
program, and establishing the funding formula for fiscal
H. R. 2400—49
year 2000 and each subsequent fiscal year under this para-
graph, in accordance with a negotiated rulemaking proce-
dure under subchapter III of chapter 5 of title 5. The
regulations shall be issued in final form not later than
April 1, 1999, and shall take effect not later than October
1, 1999.
‘‘(C) 
NEGOTIATED
RULEMAKING
COMMITTEE.—In
establishing a negotiated rulemaking committee to carry
out subparagraph (B), the Secretary of the Interior shall—
‘‘(i) apply the procedures under subchapter III of
chapter 5 of title 5 in a manner that reflects the
unique 
government-to-government 
relationship
between the Indian tribes and the United States; and
‘‘(ii) ensure that the membership of the committee
includes only representatives of the Federal Govern-
ment and of geographically diverse small, medium,
and large Indian tribes.
‘‘(D) BASIS FOR FUNDING FORMULA.—The funding for-
mula established for fiscal year 2000 and each subsequent
fiscal year under this paragraph shall be based on factors
that reflect—
‘‘(i) the relative needs of the Indian tribes, and
reservation or tribal communities, for transportation
assistance; and
‘‘(ii) the relative administrative capacities of, and
challenges faced by, various Indian tribes, including
the cost of road construction in each Bureau of Indian
Affairs area, geographic isolation and difficulty in
maintaining all-weather access to employment, com-
merce, health, safety, and educational resources.
‘‘(3) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law or any interagency agreement, program guide-
line, manual, or policy directive, all funds made available
under this title for Indian reservation roads and for high-
way bridges located on Indian reservation roads to pay
for the costs of programs, services, functions, and activities,
or portions thereof, that are specifically or functionally
related to the cost of planning, research, engineering, and
construction of any highway, road, bridge, parkway, or
transit facility that provides access to or is located within
the reservation or community of an Indian tribe shall be
made available, upon request of the Indian tribal govern-
ment, to the Indian tribal government for contracts and
agreements for such planning, research, engineering, and
construction in accordance with the Indian Self-Determina-
tion and Education Assistance Act.
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—Funds for
programs, functions, services, or activities, or portions
thereof, including supportive administrative functions that
are otherwise contractible to which subparagraph (A)
applies, shall be paid in accordance with subparagraph
(A) without regard to the organizational level at which
the Department of the Interior that has previously carried
out such programs, functions, services, or activities.
‘‘(4) RESERVATION OF FUNDS.—
H. R. 2400—50
‘‘(A) NATIONWIDE PRIORITY PROGRAM.—The Secretary
shall establish a nationwide priority program for improving
deficient Indian reservation road bridges.
‘‘(B) RESERVATION.—Of the amounts authorized to be
appropriated for Indian reservation roads for each fiscal
year, the Secretary, in cooperation with the Secretary of
the Interior, shall reserve not less than $13,000,000 for
projects to replace, rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate to, apply sodium acetate/
formate de-icer to, or install scour countermeasures for
deficient Indian reservation road bridges, including mul-
tiple-pipe culverts.
‘‘(C) ELIGIBLE BRIDGES.—To be eligible to receive fund-
ing under this subsection, a bridge described in subpara-
graph (A) must—
‘‘(i) have an opening of 20 feet or more;
‘‘(ii) be on an Indian reservation road;
‘‘(iii) be unsafe because of structural deficiencies,
physical deterioration, or functional obsolescence; and
‘‘(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).
‘‘(D) APPROVAL
REQUIREMENT.—Funds to carry out
Indian reservation road bridge projects under this sub-
section shall be made available only on approval of plans,
specifications, and estimates by the Secretary.’’; and
(5) by indenting paragraph (1) (as designated by paragraph
(2) of this paragraph) and aligning paragraph (1) with para-
graphs (2), (3), and (4) (as added by paragraph (4) of this
paragraph).
(c) AVAILABILITY
OF FUNDS.—Section 203 of such title is
amended by adding at the end the following: ‘‘Notwithstanding
any other provision of law, the authorization by the Secretary
of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans, specifica-
tions, and estimates for construction of a Federal lands highways
program project, shall be deemed to constitute a contractual obliga-
tion of the Federal Government to pay the Federal share of the
cost of the project.’’.
(d) PLANNING AND AGENCY COORDINATION.—Section 204 of such
title is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—Recognizing the need for all Federal
roads that are public roads to be treated under uniform policies
similar to the policies that apply to Federal-aid highways, there
is established a coordinated Federal lands highways program
that shall apply to public lands highways, park roads and
parkways, and Indian reservation roads and bridges.
‘‘(2) TRANSPORTATION PLANNING PROCEDURES.—In consulta-
tion with the Secretary of each appropriate Federal land
management agency, the Secretary shall develop, by rule,
transportation planning procedures that are consistent with
the metropolitan and statewide planning processes required
under sections 134 and 135.
‘‘(3) APPROVAL
OF
TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The transportation improvement program developed as
H. R. 2400—51
a part of the transportation planning process under this section
shall be approved by the Secretary.
‘‘(4) INCLUSION IN OTHER PLANS.—All regionally significant
Federal lands highways program projects—
‘‘(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
‘‘(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
‘‘(5) INCLUSION IN STATE PROGRAMS.—The approved Federal
lands highways program transportation improvement program
shall be included in appropriate State and metropolitan plan-
ning organization plans and programs without further action
on the transportation improvement program.
‘‘(6) DEVELOPMENT OF SYSTEMS.—The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop by rule safety, bridge,
pavement, and congestion management systems for roads
funded under the Federal lands highways program.’’;
(2) in subsection (b) by striking the first 3 sentences and
inserting the following: ‘‘Funds available for public lands high-
ways, park roads and parkways, and Indian reservation roads
shall be used by the Secretary and the Secretary of the appro-
priate Federal land management agency to pay for the cost
of transportation planning, research, engineering, and construc-
tion of the highways, roads, and parkways, or of transit facilities
within public lands, national parks, and Indian reservations.
In connection with activities under the preceding sentence,
the Secretary and the Secretary of the appropriate Federal
land management agency may enter into construction contracts
and other appropriate contracts with a State or civil subdivision
of a State or Indian tribe.’’;
(3) in the first sentence of subsection (e) by striking ‘‘Sec-
retary of the Interior’’ and inserting ‘‘Secretary of the appro-
priate Federal land management agency’’;
(4) in subsection (h) by adding at the end the following:
‘‘(8) A project to build a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National Recre-
ation Area between Nevada and Arizona.’’;
(5) by striking subsection (i) and inserting the following:
‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OF FEDERAL LAND
MANAGEMENT AGENCIES.—
‘‘(1) ADMINISTRATIVE COSTS.—The Secretary shall transfer
to the appropriate Federal land management agency from
amounts made available for public lands highways such
amounts as are necessary to pay necessary administrative costs
of the agency in connection with public lands highways.
‘‘(2) TRANSPORTATION
PLANNING
COSTS.—The Secretary
shall transfer to the appropriate Federal land management
agency from amounts made available for public lands highways
such amounts as are necessary to pay the cost to the agency
to conduct necessary transportation planning for Federal lands,
if funding for the planning is not otherwise provided under
this section.’’; and
(6) in subsection (j) by striking the second sentence and
inserting the following: ‘‘The Indian tribal government, in
H. R. 2400—52
cooperation with the Secretary of the Interior, and as appro-
priate, with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process
in accordance with subsection (a).’’.
(e) REFUGE ROADS.—
(1) AUTHORIZATIONS.—Section 201 of such title is amended
in the first sentence by inserting ‘‘refuge roads,’’ before ‘‘public
lands highways,’’.
(2) ALLOCATIONS.—Section 202 of such title is amended
by adding at the end the following:
‘‘(e) REFUGE ROADS.—On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that fiscal
year for refuge roads according to the relative needs of the various
refuges in the National Wildlife Refuge System, and taking into
consideration—
‘‘(1) the comprehensive conservation plan for each refuge;
‘‘(2) the need for access as identified through land use
planning; and
‘‘(3) the impact of land use planning on existing transpor-
tation facilities.’’.
(3) AVAILABILITY OF FUNDS.—Section 203 of such title is
amended in the first and fourth sentences—
(A) by striking ‘‘for,’’ and inserting ‘‘for’’; and
(B) by inserting ‘‘refuge roads,’’ after ‘‘parkways,’’ each
place it appears.
(4) USE OF FUNDING.—Section 204 of such title is amended
by adding at the end the following:
‘‘(k) REFUGE ROADS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, funds made available for refuge roads shall be used
by the Secretary and the Secretary of the Interior only to
pay the cost of—
‘‘(A) maintenance and improvements of refuge roads;
‘‘(B) maintenance and improvements of eligible projects
described in paragraphs (2), (5), and (6) of subsection (h)
that are located in or adjacent to wildlife refuges; and
‘‘(C) administrative costs associated with such mainte-
nance and improvements.
‘‘(2) CONTRACTS.—In carrying out paragraph (1), the Sec-
retary and the Secretary of the Interior, as appropriate, may
enter into contracts with a State or civil subdivision of a State
or Indian tribe as is determined advisable.
‘‘(3) COMPLIANCE WITH OTHER LAW.—Funds made available
for refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd et seq.).’’.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) DEFINITIONS.—Section 404 of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 (109 Stat. 628) is amended—
(1) in paragraph (3) by striking ‘‘, including approaches
thereto’’; and
(2) in paragraph (5) by striking ‘‘to be determined under
section 407. Such’’ and all that follows through the period
at the end and inserting the following: ‘‘as described in the
record of decision executed by the Secretary in compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
H. R. 2400—53
4321 et seq.). The term includes ongoing short-term rehabilita-
tion and repairs to the Bridge.’’.
(b) OWNERSHIP OF BRIDGE.—
(1) CONVEYANCE BY THE SECRETARY.—Section 407(a)(1) of
such Act (109 Stat. 630) is amended by inserting ‘‘or any
Capital Region jurisdiction’’ after ‘‘Authority’’ each place it
appears.
(2) AGREEMENT.—Section 407 of such Act (109 Stat. 630)
is amended by striking subsection (c) and inserting the follow-
ing:
‘‘(c) AGREEMENT.—
‘‘(1) IN GENERAL.—The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed
by the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the new bridge.
‘‘(2) TERMS OF THE AGREEMENT.—The agreement shall—
‘‘(A) identify whether the Authority or a Capital Region
jurisdiction will accept ownership of the new bridge;
‘‘(B) contain a financial plan satisfactory to the Sec-
retary, which shall be prepared before the execution of
the agreement, that specifies—
‘‘(i) the total cost of the Project, including any
cost-saving measures;
‘‘(ii) a schedule for implementation of the Project,
including whether any expedited design and construc-
tion techniques will be used; and
‘‘(iii) the sources of funding that will be used to
cover any costs of the Project not funded from funds
made available under section 412;
‘‘(C) require that—
‘‘(i) the Project include not more than 12 traffic
lanes, including 8 general purpose lanes, 2 merging/
diverging lanes, and 2 high occupancy vehicle, express
bus, or rail transit lanes;
‘‘(ii) the design, construction, and operation of the
Project reflect the requirements of clause (i);
‘‘(iii) all provisions described in the environmental
impact statement for the Project or the record of deci-
sion for the Project (including in the attachments to
the statement and record) for mitigation of environ-
mental and other impacts of the Project be imple-
mented; and
‘‘(iv) the Authority and the Capital Region jurisdic-
tions develop a process to integrate affected local
governments, on an ongoing basis, in the process of
carrying out the engineering, design, and construction
phases 
of 
the 
project, 
including 
planning 
for
implementing the provisions described in clause (iii);
and
‘‘(D) contain such other terms and conditions as the
Secretary determines to be appropriate.’’.
(c) FEDERAL
CONTRIBUTION.—Such Act (109 Stat. 627) is
amended by adding at the end the following:
‘‘SEC. 412. FEDERAL CONTRIBUTION.
‘‘(a) FUNDING.—
H. R. 2400—54
‘‘(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $25,000,000 for fiscal year 1998, $75,000,000 for fiscal
year 1999, $150,000,000 for fiscal year 2000, $200,000,000 for
fiscal year 2001, $225,000,000 for fiscal year 2002, and
$225,000,000 for fiscal year 2003 to pay the costs of planning,
preliminary engineering and design, final engineering, acquisi-
tion of rights-of-way, and construction of the Project; except
that the costs associated with the Bridge shall be given priority
over other eligible costs, other than design costs, of the Project.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized by this sec-
tion 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—
‘‘(A) the funds shall remain available until expended;
‘‘(B) the Federal share of the cost of the Bridge compo-
nent of the Project shall not exceed 100 percent; and
‘‘(C) the Federal share of the cost of any other compo-
nent of the Project shall not exceed 80 percent.
‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in this title limits
the authority of any Capital Region jurisdiction to use funds appor-
tioned to the jurisdiction under paragraphs (1) and (3) of section
104(b) of title 23, United States Code, in accordance with the
requirements for such funds, to pay any costs of the Project.
‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None of the funds
made available under this section shall be available for construction
before the execution of the agreement described in section 407(c),
except that the Secretary may fund the maintenance and rehabilita-
tion of the Bridge, the design of the Project, and right-of-way
acquisition, including early acquisition of construction staging
areas.’’.
(d) CONFORMING AMENDMENT.—Section 405(b)(1) of such Act
(109 Stat. 629) is amended by striking ‘‘the Signatories as to the
Federal share of the cost of the Project and the terms and conditions
related to the timing of the transfer of the Bridge to’’.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) APPORTIONMENT.—The Secretary shall apportion funds
made available by section 102 of this Act for fiscal years 1998
through 2003 among the States based on the latest available cost
to complete estimate for the Appalachian development highway
system under section 201 of the Appalachian Regional Development
Act of 1965 prepared by the Appalachian Regional Commission.
Such funds shall be available to construct highways and access
roads under section 201 of the Appalachian Regional Development
Act of 1965.
(b) APPLICABILITY OF TITLE 23.—Funds authorized by section
102 of this Act for the Appalachian development highway system
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 section shall be determined in accordance with such
section 201 and such funds shall remain available until expended.
(c) FEDERAL SHARE
FOR PRE-FINANCED PROJECTS.—Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ‘‘70’’ and inserting ‘‘80’’.
H. R. 2400—55
(d) CORRIDOR O.—There is hereby designated as an addition
to Corridor O in Pennsylvania on the Appalachian development
highway system a segment from Port Matilda to Interstate Route
80 along United States Route 322, and the segment of Corridor
O from the Pennsylvania State line to the improved segment in
Bedford, Pennsylvania, shall be subtracted from Corridor O. Such
designated addition shall not affect estimates of the cost to complete
such system and such subtracted segment may be included on
a map of such system for purposes of continuity only.
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PRO-
GRAM.
(a) IN GENERAL.—The Secretary shall establish and implement
a program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction
of corridors of national significance, economic growth, and inter-
national or interregional trade. A State or metropolitan planning
organization may apply to the Secretary for allocations under this
section.
(b) ELIGIBILITY
OF
CORRIDORS.—The Secretary may make
allocations under this section with respect to—
(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991;
and
(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of—
(A) the extent to which the annual volume of commer-
cial vehicle traffic at the border stations or ports of entry
of each State—
(i) has increased since the date of enactment of
the 
North 
American 
Free 
Trade 
Agreement
Implementation Act (Public Law 103–182); and
(ii) is projected to increase in the future;
(B) the extent to which commercial vehicle traffic in
each State—
(i) has increased since the date of enactment of
the 
North 
American 
Free 
Trade 
Agreement
Implementation Act (Public Law 103–182); and
(ii) is projected to increase in the future;
(C) the extent to which international truck-borne
commodities move through each State;
(D) the reduction in commercial and other travel time
through a major international gateway or affected port
of entry expected as a result of the proposed project includ-
ing the level of traffic delays at at-grade highway crossings
of major rail lines in trade corridors;
(E) the extent of leveraging of Federal funds provided
under this subsection, including—
(i) use of innovative financing;
(ii) combination with funding provided under other
sections of this Act and title 23, United States Code;
and
(iii) combination with other sources of Federal,
State, local, or private funding including State, local,
and private matching funds;
H. R. 2400—56
(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and conges-
tion impose economic costs on the Nation’s economy; and
(G) encourage or facilitate major multistate or regional
mobility and economic growth and development in areas
underserved by existing highway infrastructure.
(c) PURPOSES.—Allocations may be made under this section
for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for corridors
described in subsection (b).
(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof
under subsection (b)—
(A) environmental review; and
(B) construction.
(d) CORRIDOR DEVELOPMENT AND MANAGEMENT PLAN.—A State
or metropolitan planning organization receiving an allocation under
this section shall develop, and submit to the Secretary for review,
a development and management plan for the corridor or a usable
component thereof with respect to which the allocation is being
made. Such plan shall include, at a minimum, the following ele-
ments:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and develop-
ment activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing meth-
ods and, if the corridor is a multistate corridor, a State-by-
State breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the develop-
ment and construction of the corridor, including any environ-
mental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage
all States having jurisdiction over any portion of such corridor
to participate in the development of such plan.
(e) APPLICABILITY OF TITLE 23.—Funds made available by sec-
tion 1101 of this Act to carry out this section and section 1119
shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States
Code.
(f) COORDINATION OF PLANNING.—Planning with respect to a
corridor under this section shall be coordinated with transportation
planning being carried out by the States and metropolitan planning
organizations along the corridor and, to the extent appropriate,
with transportation planning being carried out by Federal land
management agencies, by tribal governments, or by government
agencies in Mexico or Canada.
(g) STATE DEFINED.—In this section, the term ‘‘State’’ has the
meaning such term has under section 101 of title 23, United States
Code.
H. R. 2400—57
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
(a) GENERAL AUTHORITY.—The Secretary shall establish and
implement a coordinated border infrastructure program under
which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the boundaries
of 1 or more border States for projects to improve the safe movement
of people and goods at or across the border between the United
States and Canada and the border between the United States
and Mexico.
(b) ELIGIBLE USES.—Allocations to States and metropolitan
planning organizations under this section may only be used in
a border region for—
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of telecommuni-
cations, to expedite cross border vehicle and cargo movement;
(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
(5) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross border vehicle and cargo movements; and
(6) activities of Federal inspection agencies.
(c) SELECTION CRITERIA.—The Secretary shall make allocations
under this section on the basis of—
(1) expected reduction in commercial and other motor
vehicle travel time through an international border crossing
as a result of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada
or Mexico;
(3) strategies to increase the use of existing, underutilized
border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act, and
combination with other sources of Federal, State, local, or pri-
vate funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies respon-
sible for the inspection of vehicles, cargo, and persons crossing
international borders and their counterpart agencies in Canada
and Mexico;
(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
(7) the degree of demonstrated coordination with Federal
inspection agencies;
(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;
H. R. 2400—58
(9) demonstrated local commitment to implement and sus-
tain continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR
LAW ENFORCEMENT PURPOSES.—At the request of the Administrator
of General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years 1998
through 2001, not more than $10,000,000 of the amounts made
available by section 1101 to carry out this section and section
1118 to the Administrator of General Services for the construction
of transportation infrastructure necessary for law enforcement in
border States.
(e) DEFINITIONS.—In this section, the following definitions
apply:
(1) BORDER REGION.—The term ‘‘border region’’ means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) BORDER STATE.—The term ‘‘border State’’ means any
State that has a boundary in common with Canada or Mexico.
Subtitle B—General Provisions
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended
to read as follows:
‘‘(a) DEFINITIONS.—In this title, the following definitions apply:
‘‘(1) APPORTIONMENT.—The term ‘apportionment’ includes
unexpended apportionments made under prior authorization
laws.
‘‘(2) CARPOOL PROJECT.—The term ‘carpool project’ means
any project to encourage the use of carpools and vanpools,
including provision of carpooling opportunities to the elderly
and individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes
as preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
‘‘(3) CONSTRUCTION.—The term ‘construction’ means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a high-
way, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other
debt financing instruments and costs incurred by the State
in performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes—
‘‘(A) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic mark-
ers in accordance with specifications of the National Oce-
anic and Atmospheric Administration of the Department
of Commerce);
‘‘(B) resurfacing, restoration, and rehabilitation;
‘‘(C) acquisition of rights-of-way;
H. R. 2400—59
‘‘(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation, relocation,
and construction of replacement housing;
‘‘(E) elimination of hazards of railway grade crossings;
‘‘(F) elimination of roadside obstacles;
‘‘(G) improvements that directly facilitate and control
traffic flow, such as grade separation of intersections,
widening of lanes, channelization of traffic, traffic control
systems, and passenger loading and unloading areas; and
‘‘(H) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale installation,
and scale houses.
‘‘(4) COUNTY.—The term ‘county’ includes corresponding
units of government under any other name in States that
do not have county organizations and, in those States in which
the county government does not have jurisdiction over high-
ways, any local government unit vested with jurisdiction over
local highways.
‘‘(5) FEDERAL-AID HIGHWAY.—The term ‘Federal-aid high-
way’ means a highway eligible for assistance under this chapter
other than a highway classified as a local road or rural minor
collector.
‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Federal-aid system’
means any of the Federal-aid highway systems described in
section 103.
‘‘(7) FEDERAL LANDS HIGHWAY.—The term ‘Federal lands
highway’ means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that
is a public road.
‘‘(8) FOREST DEVELOPMENT ROADS AND TRAILS.—The term
‘forest development roads and trails’ means forest roads and
trails under the jurisdiction of the Forest Service.
‘‘(9) FOREST HIGHWAY.—The term ‘forest highway’ means
a forest road under the jurisdiction of, and maintained by,
a public authority and open to public travel.
‘‘(10) FOREST ROAD OR TRAIL.—The term ‘forest road or
trail’ means a road or trail wholly or partly within, or adjacent
to, and serving the National Forest System that is necessary
for the protection, administration, and utilization of the
National Forest System and the use and development of its
resources.
‘‘(11) HIGHWAY.—The term ‘highway’ includes—
‘‘(A) a road, street, and parkway;
‘‘(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
‘‘(C) a portion of any interstate or international bridge
or tunnel and the approaches thereto, the cost of which
is assumed by a State transportation department, including
such facilities as may be required by the United States
Customs and Immigration Services in connection with the
operation of an international bridge or tunnel.
‘‘(12) INDIAN RESERVATION ROAD.—The term ‘Indian res-
ervation road’ means a public road that is located within or
provides access to an Indian reservation or Indian trust land
H. R. 2400—60
or restricted Indian land that is not subject to fee title alien-
ation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities
in which Indians and Alaskan Natives reside, whom the Sec-
retary of the Interior has determined are eligible for services
generally available to Indians under Federal laws specifically
applicable to Indians.
‘‘(13) INTERSTATE SYSTEM.—The term ‘Interstate System’
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
‘‘(14) MAINTENANCE.—The term ‘maintenance’ means the
preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as are
necessary for safe and efficient utilization of the highway.
‘‘(15) MAINTENANCE AREA.—The term ‘maintenance area’
means an area that was designated as a nonattainment area,
but was later redesignated by the Administrator of the Environ-
mental Protection Agency as an attainment area, under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
‘‘(16) NATIONAL
HIGHWAY
SYSTEM.—The term ‘National
Highway System’ means the Federal-aid highway system
described in section 103(b).
‘‘(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGE-
MENT, AND CONTROL.—The term ‘operating costs for traffic mon-
itoring, management, and control’ includes labor costs, adminis-
trative costs, costs of utilities and rent, and other costs associ-
ated with the continuous operation of traffic control, such as
integrated traffic control systems, incident management pro-
grams, and traffic control centers.
‘‘(18) OPERATIONAL IMPROVEMENT.—The term ‘operational
improvement’—
‘‘(A) means (i) a capital improvement for installation
of traffic surveillance and control equipment, computerized
signal systems, motorist information systems, integrated
traffic control systems, incident management programs,
and transportation demand management facilities, strate-
gies, and programs, and (ii) such other capital improve-
ments to public roads as the Secretary may designate,
by regulation; and
‘‘(B) does not include resurfacing, restoring, or rehabili-
tating improvements, construction of additional lanes,
interchanges, and grade separations, and construction of
a new facility on a new location.
‘‘(19) PARK ROAD.—The term ‘park road’ means a public
road, including a bridge built primarily for pedestrian use,
but with capacity for use by emergency vehicles, that is located
within, or provides access to, an area in the National Park
System with title and maintenance responsibilities vested in
the United States.
‘‘(20) PARKWAY.—The term ‘parkway’, as used in chapter
2 of this title, means a parkway authorized by Act of Congress
on lands to which title is vested in the United States.
‘‘(21) PROJECT.—The term ‘project’ means an undertaking
to construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
H. R. 2400—61
‘‘(22) PROJECT AGREEMENT.—The term ‘project agreement’
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
‘‘(23) PUBLIC
AUTHORITY.—The term ‘public authority’
means a Federal, State, county, town, or township, Indian
tribe, municipal or other local government or instrumentality
with authority to finance, build, operate, or maintain toll or
toll-free facilities.
‘‘(24) PUBLIC
LANDS
DEVELOPMENT
ROADS
AND
TRAILS.—
The term ‘public lands development roads and trails’ means
those roads and trails that the Secretary of the Interior deter-
mines are of primary importance for the development, protec-
tion, administration, and utilization of public lands and
resources under the control of the Secretary of the Interior.
‘‘(25) PUBLIC LANDS HIGHWAY.—The term ‘public lands high-
way’ means a forest road under the jurisdiction of and main-
tained by a public authority and open to public travel or any
highway through unappropriated or unreserved public lands,
nontaxable Indian lands, or other Federal reservations under
the jurisdiction of and maintained by a public authority and
open to public travel.
‘‘(26) PUBLIC
LANDS
HIGHWAYS.—The term ‘public lands
highways’ means those main highways through unappropriated
or unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
‘‘(27) PUBLIC
ROAD.—The term ‘public road’ means any
road or street under the jurisdiction of and maintained by
a public authority and open to public travel.
‘‘(28) REFUGE ROAD.—The term ‘refuge road’ means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
‘‘(29) RURAL AREAS.—The term ‘rural areas’ means all areas
of a State not included in urban areas.
‘‘(30) SAFETY
IMPROVEMENT
PROJECT.—The term ‘safety
improvement project’ means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority con-
trol systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or installs
traffic control or warning devices at locations with high accident
potential.
‘‘(31) SECRETARY.—The term ‘Secretary’ means Secretary
of Transportation.
‘‘(32) STATE.—The term ‘State’ means any of the 50 States,
the District of Columbia, or Puerto Rico.
‘‘(33) STATE FUNDS.—The term ‘State funds’ includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation department.
‘‘(34) STATE
TRANSPORTATION
DEPARTMENT.—The term
‘State transportation department’ means that department,
commission, board, or official of any State charged by its laws
with the responsibility for highway construction.
‘‘(35) TRANSPORTATION
ENHANCEMENT
ACTIVITIES.—The
term ‘transportation enhancement activities’ means, with
H. R. 2400—62
respect to any project or the area to be served by the project,
any of the following activities if such activity relates to surface
transportation: provision of facilities for pedestrians and
bicycles, provision of safety and educational activities for pedes-
trians and bicyclists, acquisition of scenic easements and scenic
or historic sites, scenic or historic highway programs (including
the provision of tourist and welcome center facilities), land-
scaping and other scenic beautification, historic preservation,
rehabilitation and operation of historic transportation buildings,
structures, or facilities (including historic railroad facilities and
canals), preservation of abandoned railway corridors (including
the conversion and use thereof for pedestrian or bicycle trails),
control and removal of outdoor advertising, archaeological plan-
ning and research, environmental mitigation to address water
pollution due to highway runoff or reduce vehicle-caused wild-
life mortality while maintaining habitat connectivity, and
establishment of transportation museums.
‘‘(36) URBAN AREA.—The term ‘urban area’ means an urban-
ized area or, in the case of an urbanized area encompassing
more than one State, that part of the urbanized area in each
such State, or urban place as designated by the Bureau of
the Census having a population of 5,000 or more and not
within any urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urban place des-
ignated by the Bureau of the Census, except in the case of
cities in the State of Maine and in the State of New Hampshire.
‘‘(37) URBANIZED AREA.—The term ‘urbanized area’ means
an area with a population of 50,000 or more designated by
the Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the Census.’’.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) IN GENERAL.—Section 217 of title 23, United States Code,
is amended—
(1) in subsection (b)—
(A) by inserting ‘‘pedestrian walkways and’’ after
‘‘construction of’’; and
(B) by striking ‘‘(other than the Interstate System)’’;
(2) in subsection (e) by striking ‘‘, other than a highway
access to which is fully controlled,’’;
(3) by striking subsection (g) and inserting the following:
‘‘(g) PLANNING AND DESIGN.—
‘‘(1) IN GENERAL.—Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and
State in accordance with sections 134 and 135, respectively.
Bicycle transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.
H. R. 2400—63
‘‘(2) SAFETY
CONSIDERATIONS.—Transportation plans and
projects shall provide due consideration for safety and contig-
uous routes for bicyclists and pedestrians. Safety considerations
shall include the installation, where appropriate, and mainte-
nance of audible traffic signals and audible signs at street
crossings.’’;
(4) in subsection (h) by striking ‘‘No motorized vehicles
shall’’ and inserting ‘‘Motorized vehicles may not’’;
(5) in subsection (h)(3)—
(A) by striking ‘‘when State and local regulations per-
mit,’’; and
(B) by striking ‘‘and’’ at the end;
(6) in subsection (h)—
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following:
‘‘(4) when State or local regulations permit, electric bicycles;
and’’; and
(7) by striking subsection (j) and inserting the following:
‘‘(j) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The term ‘bicycle
transportation facility’ means a new or improved lane, path,
or shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bicycle’ means
any bicycle or tricycle with a low-powered electric motor weigh-
ing under 100 pounds, with a top motor-powered speed not
in excess of 20 miles per hour.
‘‘(3) PEDESTRIAN.—The term ‘pedestrian’ means any person
traveling by foot and any mobility-impaired person using a
wheelchair.
‘‘(4) WHEELCHAIR.—The term ‘wheelchair’ means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.’’.
(b) DESIGN GUIDANCE.—
(1) IN GENERAL.—In implementing section 217(g) of title
23, United States Code, the Secretary, in cooperation with
the American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and other
interested organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian travel.
(2) ISSUES TO BE ADDRESSED.—The guidance shall address
issues such as the level and nature of the demand, volume,
and speed of motor vehicle traffic, safety, terrain, cost, and
sight distance.
(3) RECOMMENDATIONS.—The guidance shall include rec-
ommendations on amending and updating the policies of the
American Association of State Highway and Transportation
Officials relating to highway and street design standards to
accommodate bicyclists and pedestrians.
(4) TIME PERIOD FOR DEVELOPMENT.—The guidance shall
be developed within 18 months after the date of enactment
of this Act.
(c) PROTECTION OF NONMOTORIZED TRANSPORTATION TRAFFIC.—
Section 109(n) of such title is amended to read as follows:
H. R. 2400—64
‘‘(n) PROTECTION
OF NONMOTORIZED TRANSPORTATION TRAF-
FIC.—The Secretary shall not approve any project or take any
regulatory action under this title that will result in the severance
of an existing major route or have significant adverse impact on
the safety for nonmotorized transportation traffic and light motor-
cycles, unless such project or regulatory action provides for a reason-
able alternate route or such a route exists.’’.
(d) RAILWAY-HIGHWAY CROSSINGS.—Section 130 of such title
is amended by adding at the end the following:
‘‘(j) BICYCLE SAFETY.—In carrying out projects under this sec-
tion, a State shall take into account bicycle safety.’’.
(e) NATIONAL BICYCLE SAFETY EDUCATION CURRICULUM.—
(1) DEVELOPMENT.—The Secretary is authorized to develop
a national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) REPORT.—Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curriculum.
(3) FUNDING.—From amounts made available under section
210, the Secretary may use not to exceed $500,000 for fiscal
year 1999 to carry out this subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) GENERAL REQUIREMENTS.—Section 134(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) FINDINGS.—It is in the national interest to encourage
and promote the safe and efficient management, operation,
and development of surface transportation systems that will
serve the mobility needs of people and freight and foster 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.—To accom-
plish the objective stated in paragraph (1), metropolitan
planning organizations designated under subsection (b), in
cooperation with the State and public transit operators, shall
develop transportation plans and programs for urbanized areas
of the State.
‘‘(3) CONTENTS.—The plans and programs for each metro-
politan area shall provide for the development and integrated
management and operation of transportation systems and facili-
ties (including pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan area and as an integral part of
an intermodal transportation system for the State and the
United States.
‘‘(4) PROCESS OF DEVELOPMENT.—The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.’’.
(b) DESIGNATION
OF
METROPOLITAN
PLANNING
ORGANIZA-
TIONS.—
(1) IN GENERAL.—Section 134(b) of such title is amended
by striking paragraphs (1) and (2) and inserting the following:
H. R. 2400—65
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals—
‘‘(A) by agreement between the Governor and units
of general purpose local government that together represent
at least 75 percent of the affected population (including
the central city or cities as defined by the Bureau of the
Census); or
‘‘(B) in accordance with procedures established by
applicable State or local law.
‘‘(2) STRUCTURE.—Each policy board of a metropolitan plan-
ning organization that serves an area designated as a transpor-
tation management area, when designated or redesignated
under this subsection, shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that administer or oper-
ate major modes of transportation in the metropolitan area
(including all transportation agencies included in the
metropolitan planning organization as of June 1, 1991);
and
‘‘(C) appropriate State officials.’’.
(2) CONTINUING DESIGNATION.—Section 134(b)(4) of such
title is amended to read as follows:
‘‘(4) CONTINUING DESIGNATION.—A designation of a metro-
politan planning organization under this subsection or any
other provision of law shall remain in effect until the metropoli-
tan planning organization is redesignated under paragraph
(5).’’.
(3) REDESIGNATION.—Section 134(b)(5)(A) of such title is
amended—
(A) by striking ‘‘among’’ and inserting ‘‘between’’; and
(B) by striking ‘‘which together’’ and inserting ‘‘that
together’’.
(4) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—Section 134(b)(6) of such title is amended to
read as follows:
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—More than 1 metropolitan planning organiza-
tion may be designated within an existing metropolitan plan-
ning area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.’’.
(c) METROPOLITAN
PLANNING
AREA
BOUNDARIES.—Section
134(c) of such title is amended—
(1) in the subsection heading by inserting ‘‘PLANNING’’
before ‘‘AREA’’;
(2) in the first sentence—
(A) by striking ‘‘For the purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For the purposes’’; and
(B) by inserting ‘‘planning’’ before ‘‘area’’;
(3) by striking the second sentence and all that follows
and inserting the following:
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
H. R. 2400—66
‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period; and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) EXISTING
METROPOLITAN
PLANNING
AREAS
IN
NON-
ATTAINMENT.—Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this paragraph
shall be retained, except that the boundaries may be adjusted
by agreement of the Governor and affected metropolitan plan-
ning organizations in the manner described in subsection (b)(5).
‘‘(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the
date of enactment of this paragraph as a nonattainment area
for ozone or carbon monoxide, the boundaries of the metropoli-
tan planning area—
‘‘(A) shall be established in the manner described in
subsection (b)(1);
‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone
or carbon monoxide.’’; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) COORDINATION IN MULTISTATE AREAS.—Section 134(d) of
such title is amended to read as follows:
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN
GENERAL.—The Secretary shall encourage each
Governor with responsibility for a portion of a multistate metro-
politan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is
granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, not in con-
flict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as the activities pertain to
interstate areas and localities within the States; and
‘‘(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agree-
ments and compacts effective.
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘Lake
Tahoe region’ has the meaning given the term ‘region’
in subdivision (a) of article II of the Tahoe Regional Plan-
ning Compact, as set forth in the first section of Public
Law 96–551 (94 Stat. 3234).
H. R. 2400—67
‘‘(B) TRANSPORTATION
PLANNING
PROCESS.—The Sec-
retary shall—
‘‘(i) establish with the Federal land management
agencies that have jurisdiction over land in the Lake
Tahoe region a transportation planning process for the
region; and
‘‘(ii) coordinate the transportation planning process
with the planning process required of State and local
governments under this section, section 135, and chap-
ter 53 of title 49.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), notwith-
standing subsection (b), to carry out the transportation
planning process required by this section, the consent
of Congress is granted to the States of California and
Nevada to designate a metropolitan planning organiza-
tion for the Lake Tahoe region, by agreement between
the Governors of the States of California and Nevada
and units of general purpose local government that
together represent at least 75 percent of the affected
population (including the central city or cities (as
defined by the Bureau of the Census)), or in accordance
with procedures established by applicable State or local
law.
‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT
AGENCIES.—
‘‘(I) REPRESENTATION.—The policy board of a
metropolitan planning organization designated
under clause (i) shall include a representative of
each Federal land management agency that has
jurisdiction over land in the Lake Tahoe region.
‘‘(II) FUNDING.—In addition to funds made
available to the metropolitan planning organiza-
tion under other provisions of this title and under
chapter 53 of title 49, not more than 1 percent
of the funds allocated under section 202 may be
used to carry out the transportation planning proc-
ess for the Lake Tahoe region under this subpara-
graph.
‘‘(D) 
ACTIVITIES.—Highway 
projects 
included 
in
transportation plans developed under this paragraph—
‘‘(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land
management agencies that have jurisdiction over land
in the Lake Tahoe region; and
‘‘(ii) may, in accordance with chapter 2, be funded
using funds allocated under section 202.
‘‘(4) RECIPIENTS
OF
OTHER
ASSISTANCE.—The Secretary
shall encourage each metropolitan planning organization to
coordinate, to the maximum extent practicable, the design and
delivery of transportation services within the metropolitan plan-
ning area that are provided—
‘‘(A) by recipients of assistance under chapter 53 of
title 49; and
‘‘(B) by governmental agencies and nonprofit organiza-
tions (including representatives of the agencies and
organizations) that receive Federal assistance from a source
H. R. 2400—68
other than the Department of Transportation to provide
nonemergency transportation services.’’.
(e) COORDINATION OF MPOS.—Section 134(e) of such title is
amended—
(1) in the subsection heading by striking ‘‘MPO’S’’ and
inserting ‘‘MPOS’’;
(2) by striking ‘‘If’’ and inserting the following:
‘‘(1) NONATTAINMENT AREAS.—If’’;
(3) by adding at the end the following:
‘‘(2) PROJECT
LOCATED
IN
MULTIPLE
MPOS.—If a project
is located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning organizations
shall coordinate plans regarding the project.’’; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by para-
graph (3) of this subsection).
(f) SCOPE OF PLANNING PROCESS.—Section 134(f) of such title
is amended to read as follows:
‘‘(f) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan transportation plan-
ning process for a metropolitan area under this section shall
provide for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, 
especially 
by 
enabling 
global 
competitiveness,
productivity, and efficiency;
‘‘(B) increase the safety and security of the 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, for peo-
ple 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
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning process.’’.
(g) LONG-RANGE TRANSPORTATION PLAN.—Section 134(g) of such
title is amended—
(1) in paragraph (2) by striking ‘‘, at a minimum’’ and
inserting ‘‘contain, at a minimum, the following’’;
(2) in paragraph (2)(A) by striking ‘‘Identify’’ and inserting
‘‘An identification of’’; and
(3) by striking paragraph (2)(B) and inserting the following:
‘‘(B) A financial plan that demonstrates how the
adopted long-range transportation plan can be imple-
mented, indicates resources from public and private sources
that are reasonably expected to be made available to carry
out the plan, and recommends any additional financing
strategies for needed projects and programs. The financial
H. R. 2400—69
plan may include, for illustrative purposes, additional
projects that would be included in the adopted long-range
transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
For the purpose of developing the long-range transportation
plan, the metropolitan planning organization and State
shall cooperatively develop estimates of funds that will
be available to support plan implementation.’’;
(4) in paragraph (4)—
(A) by inserting after ‘‘employees,’’ the following:
‘‘freight shippers, providers of freight transportation serv-
ices,’’; and
(B) by inserting after ‘‘private providers of transpor-
tation,’’ the following: ‘‘representatives of users of public
transit,’’;
(5) by adding at the end the following:
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(B).’’;
(6) in the subsection heading by striking ‘‘LONG RANGE
PLAN’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLAN’’;
(7) in the headings for paragraphs (2) and (5) by striking
‘‘LONG
RANGE
PLAN’’ and inserting ‘‘LONG-RANGE
TRANSPOR-
TATION PLAN’’; and
(8) by striking ‘‘long range plan’’ each place it appears
and inserting ‘‘long-range transportation plan’’.
(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.—
Section 134(h) of such title is amended to read as follows:
‘‘(h) 
METROPOLITAN
TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and
any affected public transit operator, the metropolitan plan-
ning organization designated for a metropolitan area shall
develop a transportation improvement program for the area
for which the organization is designated.
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the
program, the metropolitan planning organization, in
cooperation with the State and any affected public transit
operator, shall provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, pri-
vate providers of transportation, representatives of users
of public transit, and other interested parties with a reason-
able opportunity to comment on the proposed program.
‘‘(C) FUNDING ESTIMATES.—For the purpose of develop-
ing the transportation improvement program, the metro-
politan planning organization, public transit agency, and
State shall cooperatively develop estimates of funds that
are reasonably expected to be available to support program
implementation.
‘‘(D) UPDATING AND APPROVAL.—The program shall be
updated at least once every 2 years and shall be approved
by the metropolitan planning organization and the Gov-
ernor.