I
105TH CONGRESS
1ST SESSION
H. R. 2400
To authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 4, 1997
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Building Efficient Surface Transportation and Equity
Act of 1997’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I—FEDERAL-AID HIGHWAYS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Obligation ceiling.
Sec. 104. Apportionments.
Sec. 105. Interstate maintenance program.
Sec. 106. National Highway System.
Sec. 107. Highway bridge program.
Sec. 108. Surface transportation program.
Sec. 109. Congestion mitigation and air quality improvement program.
Sec. 110. High risk road safety improvement program.
Sec. 111. Minimum allocation.
Sec. 112. Appalachian Development Highway System.
Sec. 113. High cost Interstate System reconstruction and improvement pro-
gram.
Sec. 114. Recreational trails program.
Sec. 115. National corridor planning and development program.
Sec. 116. Coordinated border infrastructure and safety program.
Sec. 117. Federal lands highways program.
Sec. 118. National scenic byways program.
Sec. 119. Variable pricing pilot program.
Sec. 120. Toll roads, bridges, and tunnels.
Sec. 121. Construction of ferry boats and ferry terminal facilities.
Sec. 122. Highway use tax evasion projects.
Sec. 123. Performance bonus program.
Sec. 124. Metropolitan planning.
Sec. 125. Statewide planning.
Sec. 126. Roadside safety technologies.
Sec. 127. Discretionary program authorizations.
Sec. 128. Woodrow Wilson Memorial Bridge.
Sec. 129. Training.
Sec. 130. Transportation assistance for Olympic cities.
Sec. 131. National defense highways.
Sec. 132. Miscellaneous surface transportation programs.
Sec. 133. Eligibility.
Sec. 134. Fiscal, administrative, and other amendments.
Sec. 135. Access of motorcycles.
Sec. 136. Amendments to ISTEA.
Sec. 137. Bicycle transportation and pedestrian walkways.
Sec. 138. Hazard elimination program.
Sec. 139. Substitute project.
Sec. 140. Project administration.
Sec. 141. Definitions.
TITLE II—HIGHWAY SAFETY
Sec. 201. Amendments to title 23, United States Code.
Sec. 202. Highway safety programs.
Sec. 203. Highway safety research and development.
Sec. 204. Safety incentive grants.
Sec. 205. State highway safety data improvements.
Sec. 206. Alcohol-impaired driving countermeasures.
Sec. 207. National Driver Register.
Sec. 208. Blowout resistant tires.
Sec. 209. Effectiveness of laws establishing maximum blood alcohol concentra-
tions.
Sec. 210. Authorizations of appropriations.
Sec. 211. Transportation injury research.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 301. Amendments to title 49, United States Code.
Sec. 302. Definitions.
Sec. 303. Metropolitan planning.
Sec. 304. Transportation improvement program.
Sec. 305. Transportation management areas.
Sec. 306. Urbanized area formula grants.
Sec. 307. Mass transit account block grants.
Sec. 308. Capital program grants and loans.
Sec. 309. Formula grants and loans for special needs of elderly individuals and
individuals with disabilities.
Sec. 310. Formula program for other than urbanized areas.
Sec. 311. Research, development, demonstration, and training projects.
Sec. 312. National Transit Institute.
Sec. 313. University research institutes.
Sec. 314. Transportation centers.
Sec. 315. Bus testing facilities.
Sec. 316. Bicycle facilities.
Sec. 317. General provisions on assistance.
Sec. 318. Contract requirements.
Sec. 319. Special procurements.
Sec. 320. Project management oversight.
Sec. 321. Study on alcohol and controlled substances random testing rate cal-
culation.
Sec. 322. Administrative procedures.
Sec. 323. Reports and audits.
Sec. 324. Apportionment of appropriations for formula grants.
Sec. 325. Apportionment of appropriations for fixed guideway modernization.
Sec. 326. Authorizations.
Sec. 327. Obligation ceiling.
Sec. 328. Access to jobs challenge grant pilot program.
Sec. 329. Sense of the Committee regarding the mass transit account.
Sec. 330. Project management oversight.
Sec. 331. Privatization.
Sec. 332. School transportation safety.
Sec. 333. Urbanized area formula study.
Sec. 334. Coordinated transportation services.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 401. Amendments to title 49, United States Code.
Sec. 402. State grants.
Sec. 403. Information systems.
Sec. 404. Automobile transporter defined.
Sec. 405. Inspections and reports.
Sec. 406. Exemptions and pilot programs.
Sec. 407. Safety regulation.
Sec. 408. Repeal of certain obsolete miscellaneous authorities.
Sec. 409. Commercial vehicle operators.
Sec. 410. Interim border safety improvement program.
Sec. 411. Vehicle weight enforcement.
Sec. 412. Participation in international registration plan and international fuel
tax agreement.
Sec. 413. Telephone hotline for reporting safety violations.
Sec. 414. Drivers with diabetes.
Sec. 415. Performance-based CDL testing.
Sec. 416. Postaccident alcohol testing.
Sec. 417. Technologies to reduce fatigue of commercial motor vehicle operators.
Sec. 418. Safety fitness.
Sec. 419. Hazardous materials transportation regulation and farm service vehi-
cles.
TITLE V—PROGRAMMATIC REFORMS AND STREAMLINING
Sec. 501. Project approval and oversight.
Sec. 502. Environmental streamlining.
Sec. 503. Major investment study integration.
Sec. 504. Financial plan.
Sec. 505. Uniform transferability of Federal-aid highway funds.
Sec. 506. Discretionary grant selection criteria and process.
Sec. 507. Elimination of regional office responsibilities.
TITLE VI—TRANSPORTATION RESEARCH
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Applicability of title 23.
Sec. 603. Transfers of funds.
Subtitle A—Surface Transportation Research, Technology, and Education
PART I—HIGHWAY RESEARCH AND TECHNOLOGY
Sec. 611. Research.
Sec. 612. State planning and research.
Sec. 613. International highway transportation outreach program.
PART II—TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND
TECHNOLOGY DEPLOYMENT
Sec. 621. National Highway Institute.
Sec. 622. National technology deployment initiative.
Sec. 623. Education and training programs.
Sec. 624. University transportation research.
Sec. 625. Funding allocations.
PART III—BUREAU OF TRANSPORTATION STATISTICS AND MISCELLANEOUS
PROGRAMS
Sec. 631. Bureau of Transportation Statistics.
Sec. 632. Transportation technology innovation and demonstration program.
Subtitle B—Intelligent Transportation Systems
Sec. 651. Definitions.
Sec. 652. Scope of program.
Sec. 653. General authorities and requirements.
Sec. 654. National ITS program plan.
Sec. 655. Technical, training, planning, research, and operational testing
project assistance.
Sec. 656. ITS deployment.
Sec. 657. Funding allocations.
Sec. 658. Repeal.
TITLE VII—TRUTH IN BUDGETING
Sec. 701. Budgetary treatment of Highway Trust Fund, Airport and Airway
Trust Fund, Inland Waterways Trust Fund, and Harbor Main-
tenance Trust Fund.
Sec. 702. Safeguards against deficit spending out of Airport and Airway Trust
Fund.
Sec. 703. Safeguards against deficit spending out of the Inland Waterways
Trust Fund and Harbor Maintenance Trust Fund.
Sec. 704. Applicability.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) INTERSTATE
SYSTEM.—The term ‘‘Inter-
state System’’ has the meaning such term has under
section 101 of title 23, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 3. SAVINGS CLAUSE.
Except as otherwise provided in this Act, an amend-
ment made by this Act shall not affect any funds appor-
tioned or allocated before the date of the enactment of
this Act.
TITLE I—FEDERAL-AID
HIGHWAYS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 23, United States
Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code,
$4,019,500,000 
for 
fiscal 
year 
1998,
$4,462,600,000 
for 
fiscal 
year 
1999, 
and
$5,006,200,000 for fiscal year 2000.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of such
title 
$4,978,500,000 
for 
fiscal 
year 
1998,
$5,520,500,000 
for 
fiscal 
year 
1999, 
and
$6,186,500,000 for fiscal year 2000.
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram under section 144 of such title $3,777,600,000
for fiscal year 1998, $4,194,000,000 for fiscal year
1999, and $4,704,800,000 for fiscal year 2000.
(4) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of such title $5,601,400,000 for fiscal year
1998, $6,218,900,000 for fiscal year 1999, and
$6,976,300,000 for fiscal year 2000.
(5) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under
section 149 of such title $1,406,800,000 for fiscal
year 1998, $1,561,900,000 for fiscal year 1999, and
$1,752,200,000 for fiscal year 2000.
(6) HIGH
RISK
ROAD
SAFETY
IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program under section 154 of such title
$750,000,000 for fiscal year 1998, $1,000,000,000
for fiscal year 1999, and $1,000,000,000 for fiscal
year 2000.
(7) HIGH COST INTERSTATE SYSTEM RECON-
STRUCTION AND IMPROVEMENT PROGRAM.—For the
high cost Interstate System reconstruction and im-
provement program under section 160 of such title
$250,000,000 for fiscal year 1998, $625,000,000 for
fiscal year 1999, and $1,000,000,000 for fiscal year
2000.
(8) DISCRETIONARY PROGRAMS.—For executive
and legislative branch discretionary programs au-
thorized by this Act $1,842,200,000 for fiscal year
1998, $2,236,200,000 for fiscal year 1999, and
$2,476,200,000 for fiscal year 2000.
(9) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 201 of
the Appalachian Regional Development Act of 1965
(40 U.S.C. App) $250,000,000 for fiscal year 1998,
$400,000,000 
for 
fiscal 
year 
1999, 
and
$400,000,000 for fiscal year 2000.
(10) RECREATIONAL
TRAILS
PROGRAM.—For
the recreational trails program under section 206 of
such title $30,000,000 for fiscal year 1998,
$40,000,000 for fiscal year 1999, and $50,000,000
for fiscal year 2000.
(11) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
such title $194,000,000 for fiscal year 1998,
$200,000,000 
for 
fiscal 
year 
1999, 
and
$212,000,000 for fiscal year 2000.
(B) PUBLIC LANDS HIGHWAYS.—For pub-
lic lands highways under section 204 of such
title 
$58,000,000 
for 
fiscal 
year 
1998,
$60,000,000 
for 
fiscal 
year 
1999, 
and
$60,000,000 for fiscal year 2000.
(C) PARKWAYS
AND
PARK
HIGHWAYS.—
For parkways and park highways under section
204 of such title $85,300,000 for fiscal year
1998, $86,200,000 for fiscal year 1999, and
$99,000,000 for fiscal year 2000.
(D) FOREST HIGHWAYS.—For forest high-
ways 
under 
section 
204 
of 
such 
title
$113,500,000 
for 
fiscal 
year 
1998,
$130,000,000 
for 
fiscal 
year 
1999, 
and
$130,000,000 for fiscal year 2000.
(12) HIGHWAY USE TAX EVASION PROJECTS.—
For highway use tax evasion projects under section
1040 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 101 note; 105 Stat.
1992) $5,000,000 for fiscal year 1998 and
$10,000,000 for each of fiscal years 1999 and 2000.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that
the Secretary determines otherwise, not less than 10
percent of the amounts authorized to be appro-
priated under titles I, II, III, IV, and VI of this Act
shall be expended with small business concerns
owned and controlled by socially and economically
disadvantaged individuals.
(2) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
(A) SMALL
BUSINESS
CONCERN.—The
term ‘‘small business concern’’ has the meaning
such term has under section 3 of the Small
Business Act (15 U.S.C. 632); except that such
term shall not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or indi-
viduals 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
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under
section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto; except
that women shall be presumed to be socially
and economically disadvantaged individuals for
purposes of this subsection.
SEC. 103. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Notwithstanding any
other provision of law (other than subsection (e) of this
section), the total of all obligations for Federal-aid high-
way programs shall not exceed—
(1) $22,300,000,000 for fiscal year 1998;
(2) $25,500,000,000 for fiscal year 1999; and
(3) $28,600,000,000 for fiscal year 2000.
(b) EXCEPTIONS.—The limitations under subsection
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States
Code;
(2) under section 157 of such title;
(3) under section 147 of the Surface Transpor-
tation Assistance Act of 1978;
(4) under section 9 of the Federal-Aid Highway
Act of 1981;
(5) under sections 131(b) and 131(j) of the
Surface Transportation Assistance Act of 1982;
(6) under sections 149(b) and 149(c) of the
Surface Transportation and Uniform Relocation As-
sistance Act of 1987;
(7) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991; and
(8) under section 127(b) of this Act, relating to
high priority projects.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
For each of fiscal years 1998, 1999, and 2000, the Sec-
retary shall—
(1) not distribute amounts authorized for ad-
ministrative expenses and programs funded from the
administrative takedown authorized by section
104(a) of title 23, United States Code, and amounts
authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics;
(2) determine the ratio that—
(A) the obligation limitation imposed by
subsection (a) for such fiscal year less the ag-
gregate of amounts not distributed under para-
graph (1), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway programs
(other than sums authorized to be appropriated
for sections referred to in subsection (b)) for
such fiscal year less the aggregate of amounts
not distributed under paragraph (1);
(3)(A) multiply the ratio determined under
paragraph (2) by the sums authorized to be appro-
priated for such fiscal year for each of the programs
that are allocated by the Secretary under this Act
and title 23, United States Code (other than the rec-
reational trails program and programs to which
paragraph (1) applies);
(B) not distribute such amount for each such
program (other than the recreational trails program
and programs to which paragraph (1) applies); and
(C) in administering such program, allocate
such amount for such program;
(4) distribute the obligation limitation imposed
by subsection (a) less the aggregate of amounts not
distributed under paragraphs (1) and (3) and less
amounts distributed under paragraph (5) by alloca-
tion in the ratio which sums authorized to be appro-
priated for Federal-aid highway programs that are
apportioned or allocated to each State for such fiscal
year and that are subject to the limitation imposed
by subsection (a) bear to the total of the sums au-
thorized to be appropriated for Federal-aid highway
programs that are apportioned or allocated for such
fiscal year and that are subject to the limitation im-
posed by subsection (a); and
(5) distribute any amount determined under
paragraph (3) for the recreational trails program in
accordance with the formula set forth in section
104(h) of title 23, United States Code, for such pro-
gram.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary
shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
priated for Federal-aid highway programs that have
been apportioned to a State; and
(2) after August 1 of each of fiscal years 1998,
1999, and 2000 revise a distribution of the obliga-
tion authority made available under subsection (c) if
a State will not obligate the amount distributed dur-
ing 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 the enactment of this Act), and under section
1015 of the Intermodal Surface Transportation Act
of 1991 (105 Stat. 1943–1945).
(e) ADDITIONAL OBLIGATION AUTHORITY.—
gated by all States pursuant to paragraph (1) shall
not exceed 2.5 percent of the aggregate amount of
funds apportioned or allocated to all States—
(A) 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 the enactment of this Act),
and under section 1015 of the Intermodal Sur-
face Transportation Act of 1991 (105 Stat.
1943–1945), and
(B) for highway assistance projects under
section 103(e)(4) of such title,
which would not be obligated in such fiscal year if
the total amount of obligational authority provided
by subsection (a) for such fiscal year were utilized.
(3) APPLICABILITY.—Paragraph (1) shall not
apply to any State which on or after August 1 of
each of fiscal years 1998, 1999, and 2000 has the
amount distributed to such State under subsection
(c) for such fiscal year reduced under subsection
(d)(2).
(f) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation
limitations for Federal-aid highways programs established
by subsection (a) shall apply to transportation research
programs carried out under chapter 3 of title 23, United
States Code, and under title VI of this Act.
(g) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—
(1) IN GENERAL.—Not later than 30 days after
the date of the distribution of obligation authority
under subsection (a) for each of fiscal years 1998,
1999, and 2000, the Secretary shall distribute to the
States any funds (A) that are authorized to be ap-
propriated for such fiscal year for Federal-aid high-
way programs (other than the program under sec-
tion 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, Unit-
ed States Code, and (B) 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 obligation limitation for
such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obli-
gation authority under subsection (c)(5). The funds
so distributed shall be available for any purposes de-
scribed in section 133(b) of title 23, United States
Code.
(2) HIGH COST INTERSTATE SYSTEM RECON-
STRUCTION AND IMPROVEMENT PROGRAM FUNDS.—
Not later than 30 days after the date of the dis-
tribution of obligation authority under subsection (c)
for each of fiscal years 1998, 1999, and 2000, the
Secretary shall distribute to the States any funds
that are authorized to be appropriated for such fis-
cal year to carry out the high cost interstate system
reconstruction and improvement program under sec-
tion 160 of title 23, United States Code, and that
will not be available for obligation in such fiscal year
due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall
be made in the same ratio as funds are apportioned
under section 104(b)(5) of such title. The funds so
distributed to a State shall be credited to the State’s
apportionment under such section 104(b)(5).
SEC. 104. APPORTIONMENTS.
(a) ADMINISTRATIVE TAKEDOWN.—Section 104(a) is
amended to read as follows:
‘‘(a) ADMINISTRATIVE TAKEDOWN.—Whenever an
apportionment is made of the sums authorized to be ap-
propriated for expenditure on Interstate maintenance, the
National Highway System, the bridge program, the sur-
face transportation program, the congestion mitigation
and air quality improvement program, the high risk road
safety program, the high cost interstate system recon-
struction and improvement program, the national corridor
planning and development program, the border infrastruc-
ture and safety program, and the Federal lands highways
program, the Secretary shall deduct a sum, in such
amount not to exceed 11⁄2 percent of all sums so author-
ized, as the Secretary may deem necessary for administer-
ing the provisions of law to be financed from appropria-
tions for the Federal-aid highway program. In making
such determination, the Secretary shall take into account
the unobligated balance of any sums deducted for such
purposes in prior years. The sums so deducted shall re-
main available until expended. The Secretary may not
transfer any of such sums to a Federal entity other than
the Federal Highway Administration.’’.
(b) APPORTIONMENTS.—Section 104(b) is amended
to read as follows:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal
year, the Secretary, after making the deduction authorized
by subsection (a) and the set aside authorized by sub-
section (f), shall apportion the remainder of the sums au-
thorized to be appropriated for expenditure on Interstate
maintenance, the National Highway System, the surface
transportation program, the congestion mitigation and air
quality improvement program, and the high risk road safe-
ty program for that fiscal year, among the several States
in the following manner:
‘‘(1) NATIONAL
HIGHWAY
SYSTEM.—For the
National Highway System, 1 percent to the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands and the re-
maining 99 percent apportioned as follows:
‘‘(A) In the case of a State with an aver-
age population density of 20 persons or fewer
per square mile, and in the case of a State with
a population of 1,500,000 persons or fewer and
with a land area of 10,000 square miles or less,
the greater of—
‘‘(i) a percentage share of the remain-
ing apportionments equal to the percentage
specified for the State in section 104(h)(1)
of the Building Efficient Surface Trans-
portation and Equity Act of 1997; or
‘‘(ii) a share determined under sub-
paragraph (B).
‘‘(B) Subject to subparagraph (A), in the
case of any State for which the apportionment
is not determined under subparagraph (A)(i), a
share of the remaining apportionments deter-
mined in accordance with the following formula:
‘‘(i) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural lane
miles in each State bears to the total rural
lane miles in all States for which the ap-
portionment is not determined under sub-
paragraph (A)(i).
‘‘(ii) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural vehi-
cle miles traveled in each State bears to
the total rural vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(iii) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban
lane miles in each State bears to the total
urban lane miles in all States for which the
apportionment is not determined under
subparagraph (A)(i).
‘‘(iv) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban ve-
hicle miles traveled in each State bears to
the total urban vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(v) 3⁄9 of the remaining apportion-
ments in the ratio that each State’s annual
contributions to the Highway Trust Fund
(other than the Mass Transit Account) at-
tributable to commercial vehicles bear to
the total of such annual contributions by
all States for which the apportionment is
not determined under subparagraph (A)(i).
‘‘(2) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.—
‘‘(A) FORMULA.—For the congestion miti-
gation and air quality improvement program, in
the ratio which the weighted nonattainment and
maintenance area populations of each State
bear to the total weighted nonattainment and
maintenance area population of all States.
‘‘(B) CALCULATION OF WEIGHTED POPU-
LATION.—Such weighted population shall be
calculated by multiplying the population of each
area within any State that was a nonattainment
or maintenance area as described in subsection
149(b) for ozone, carbon monoxide, or particu-
late matter by a factor of—
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area has been redesignated
as an attainment (maintenance) area
under section 107(d) of the Clean Air Act;
‘‘(ii) 1.1 if, at the time of apportion-
ment, the area is classified as a marginal
ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act;
‘‘(iii) 1.2 if, at the time of apportion-
ment, the area is classified as a moderate
ozone nonattainment area under such sub-
part;
‘‘(iv) 1.3 if, at the time of apportion-
ment, the area is classified as a serious
ozone nonattainment area under such sub-
part;
‘‘(v) 1.4 if, at the time of apportion-
ment, the area is classified as a severe
ozone nonattainment area under such sub-
part;
‘‘(vi) 1.5 if, at the time of apportion-
ment, the area is classified as an extreme
ozone nonattainment area under such sub-
part; or
‘‘(vii) 1.2. if, at the time of apportion-
ment, the area is not a nonattainment or
maintenance area as described in sub-
section 149(b) of this title for ozone, but
is a nonattainment area for carbon mon-
oxide or particulate matter.
‘‘(C) ADDITIONAL FACTORS.—If the area
was also classified under subpart 3 or 4 of part
D of title I of the Clean Air Act as a nonattain-
ment area described in section 149(b) for car-
bon monoxide or particulate matter or both, the
weighted nonattainment area population of the
area, as determined under clauses (i) through
(vi) of subparagraph (B), shall be further mul-
tiplied by a factor of 1.2. For an area that is
a nonattainment area for both carbon monoxide
and for particulate matter and the area’s
weighted population was determined under
clause (vii) of subparagraph (B), the area’s
weighted population shall be further multiplied
by a factor of 1.2. For such areas, the popu-
lation to which this factor is applied shall be
the larger of the carbon monoxide and the par-
ticulate matter nonattainment area populations.
‘‘(D) MINIMUM
APPORTIONMENT.—Not-
withstanding any other provision of this para-
graph, each State shall receive a minimum of
1⁄2 of 1 percent of the funds apportioned under
this paragraph. The Secretary shall use annual
estimates prepared by the Secretary of Com-
merce when determining population figures.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface trans-
portation program, 2 percent to the State of
Alaska for any purpose described in section
133(b) and the remaining 98 percent appor-
tioned as follows:
‘‘(i) 1⁄3 in the ratio that each State’s
total population bears to the total popu-
lation of all States, using the latest avail-
able annual updates to the Federal decen-
nial census, as prepared by the Secretary
of Commerce;
‘‘(ii) 1⁄3 in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Ac-
count) attributable to commercial vehicles
bear to the total of such annual contribu-
tions by all States; and
‘‘(iii) 1⁄3 in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Ac-
count) bear to the total of such annual
contributions by all States.
‘‘(B) ADJUSTMENT.—The amount of funds
which, but for this subparagraph, would be ap-
portioned to each State for each fiscal year
under subparagraph (A) shall be increased or
decreased by an amount which, when added to
or subtracted from the aggregate amount of
funds apportioned or allocated to such State for
such fiscal year for Interstate maintenance, Na-
tional Highway System, surface transportation
program, bridge program, congestion mitigation
and air quality improvement program, high risk
road safety program, recreational trails pro-
gram, Appalachian Development Highway Sys-
tem program, and metropolitan planning will
ensure that the aggregate of such apportion-
ments to any State that does not contribute to
the Highway Trust Fund does not exceed the
aggregate of such apportionments to any State
that does contribute to the Highway Trust
Fund.
‘‘(4) HIGH RISK ROAD SAFETY IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program—
‘‘(A) 1⁄3 in the ratio that each State’s total
population bears to the total population of all
States, using the latest available annual up-
dates to the Federal decennial census, as pre-
pared by the Secretary of Commerce;
‘‘(B) 1⁄3 in the ratio that each State’s total
public road mileage bears to the total public
road mileage of all States; and
‘‘(C) 1⁄3 in the ratio that the total vehicle
miles traveled on public roads in each State
bear to the total vehicle miles traveled on public
roads in all States.
‘‘(5) INTERSTATE MAINTENANCE.—For resur-
facing, restoring, rehabilitating, and reconstructing
the Interstate System—
‘‘(A) 1⁄3 in the ratio that each State’s an-
nual contributions to the Highway Trust Fund
(other than the Mass Transit Account) attrib-
utable to commercial vehicles bear to the total
of such annual contributions by all States;
‘‘(B) 1⁄3 in the ratio that the total vehicle
miles traveled on Interstate routes open to traf-
fic on the date of the enactment of the Building
Efficient Surface Transportation and Equity
Act of 1997 in each State bear to the total ve-
hicle miles traveled on such routes in all States;
and
‘‘(C) 1⁄3 in the ratio that the total lane
miles on such routes in each State bear to the
total lane miles on such routes in all States.’’.
(c) CONFORMING AMENDMENTS.—Section 104(d) is
amended—
(1) in the subsection heading by striking ‘‘AND
HIGH SPEED RAIL CORRIDORS’’;
(2) by striking ‘‘(1) OPERATION LIFESAVER.—
’’ and moving the text of paragraph (1) so that it
follows the subsection heading; and
(3) by striking paragraphs (2) and (3).
(d) CERTIFICATION OF APPORTIONMENTS.—Section
104(e) is amended—
(1) by inserting ‘‘CERTIFICATION OF APPOR-
TIONMENTS.—’’ after ‘‘(e)’’;
(2) by inserting ‘‘(1) IN GENERAL.—’’ before
‘‘On October 1’’;
(3) by striking the first parenthetical phrase;
(4) by striking ‘‘and research’’ the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
‘‘(2) NOTICE TO STATES.—If the Secretary has
not made an apportionment under section 104, 144,
or 157 of title 23, United States Code, on or before
the 21st of a fiscal year, then the Secretary shall
transmit, on or before such 21st day, to the Com-
mittee on Transportation and Infrastructure of the
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a written
statement of the reason for not making such appor-
tionment in a timely manner.’’; and
(7) by indenting paragraph (1), as designated
by paragraph (2) of this subsection, and aligning
such paragraph (1) with paragraph (2) of such sec-
tion, as added by paragraph (6) of this subsection.
(e) METROPOLITAN PLANNING SETASIDE.—Section
104(f) is amended—
(1) in paragraph (1) by striking ‘‘, except’’ and
all that follows through ‘‘substitute programs’’; 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 revised to read as follows:
‘‘(h) RECREATIONAL TRAILS PROGRAM.—
‘‘(1) ADMINISTRATIVE
COSTS.—Whenever an
apportionment is made of the sums authorized to be
appropriated to carry out the recreational trails pro-
gram under section 206, the Secretary shall deduct
an amount, not to exceed 3 percent of the sums au-
thorized, to cover the cost to the Secretary for ad-
ministration of and research and technical assistance
under the recreational trails program and for admin-
istration of the National Recreational Trails Advi-
sory Committee. The Secretary may enter into con-
tracts with for-profit organizations or contracts,
partnerships, or cooperative agreements with other
government agencies, institutions of higher learning,
or nonprofit 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 follow-
ing 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 rec-
reational fuel use in each of those States during
the preceding year.’’.
(g) CROSS REFERENCE CORRECTIONS.—
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
Sections 119(a) and 119(f) are each amended by
striking ‘‘104(b)(5)(B)’’ each place it appears and
inserting ‘‘104(b)(5)’’.
(2) FRINGE AND CORRIDOR PARKING FACILI-
TIES.—Section 137(f)(1) is amended by striking
‘‘section 104(b)(5)(B) of this title’’ and inserting
‘‘section 104(b)(5)’’.
(3) ADDITIONS TO INTERSTATE SYSTEM.—Sec-
tion 
139 
is 
amended 
by 
striking 
‘‘section
104(b)(5)(B) of this title’’ each place it appears and
inserting ‘‘section 104(b)(5)’’.
(4) ACCOMMODATION OF OTHER MODES.—Sec-
tion 142(c) is amended by striking ‘‘section
104(b)(5)(A)’’ and inserting ‘‘section 104(b)(5)’’.
(5) MINIMUM DRINKING AGES.—Section 158 is
amended—
(A) by striking ‘‘104(b)(2), 104(b)(5), and
104(b)(6)’’ each place it appears in subsection
(a) and inserting ‘‘104(b)(3), and 104(b)(5)’’;
(B) in the heading to subsection (b) is
amended by striking ‘‘PERIOD OF AVAILABIL-
ITY;’’; and
(C) in subsection (b)—
(i) by striking ‘‘(1)’’ the first place it
appears and all that follows through ‘‘No
funds’’ and inserting ‘‘No funds’’; and
(iii) by striking paragraphs (2), (3),
and (4).
(6) SUSPENSION OF LICENSES OF INDIVIDUALS
CONVICTED OF DRUG OFFENSES.—Section 159(b) is
amended—
(A) by striking ‘‘PERIOD OF AVAILABIL-
ITY;’’ in the subsection heading; and
(B) by striking ‘‘(1)’’ the first place it ap-
pears and all that follows through ‘‘(B) No’’
and inserting ‘‘No’’; and
(C) by striking paragraphs (2), (3), and
(4).
(7) OPERATION OF MOTOR VEHICLES BY IN-
TOXICATED MINORS.—Section 161(a) is amended by
striking ‘‘(B)’’ each place it appears.
(h) STATE PERCENTAGES FOR NATIONAL HIGHWAY
SYSTEM APPORTIONMENTS.—
(1) IN GENERAL.—The percentage referred to
in section 104(b)(1) of title 23, United States Code,
for each State shall be determined in accordance
with the following table:
States:
Adjustment percentage
Alabama .......................................................................................
2.02
Alaska ..........................................................................................
1.24
Arizona .........................................................................................
1.68
Arkansas ......................................................................................
1.32
California .....................................................................................
9.81
Colorado .......................................................................................
1.23
Connecticut ..................................................................................
1.64
Delaware ......................................................................................
0.40
District of Columbia ....................................................................
0.52
Florida .........................................................................................
4.77
Georgia .........................................................................................
3.60
Hawaii ..........................................................................................
0.70
Idaho ............................................................................................
0.70
Illinois ..........................................................................................
3.71
Indiana .........................................................................................
2.63
Iowa .............................................................................................
1.13
Kansas .........................................................................................
1.10
Kentucky ......................................................................................
1.91
Louisiana .....................................................................................
1.63
Maine ...........................................................................................
0.50
Maryland ......................................................................................
1.64
Massachusetts ..............................................................................
1.68
Michigan ......................................................................................
3.34
Minnesota .....................................................................................
1.56
Mississippi ....................................................................................
1.23
Missouri .......................................................................................
2.45
Montana .......................................................................................
0.95
Nebraska ......................................................................................
0.73
Nevada .........................................................................................
0.67
New Hampshire ...........................................................................
0.48
New Jersey ..................................................................................
2.28
New Mexico ..................................................................................
1.05
New York .....................................................................................
4.27
North Carolina .............................................................................
2.83
North Dakota ...............................................................................
0.76
Ohio .............................................................................................
3.77
Oklahoma .....................................................................................
1.55
Oregon .........................................................................................
1.23
Pennsylvania ................................................................................
4.12
Puerto Rico ..................................................................................
0.50
Rhode Island ................................................................................
0.55
South Carolina .............................................................................
1.63
South Dakota ...............................................................................
0.70
Tennessee .....................................................................................
2.30
Texas ............................................................................................
7.21
States:
Adjustment percentage
Utah .............................................................................................
0.71
Vermont .......................................................................................
0.43
Virginia ........................................................................................
2.61
Washington ..................................................................................
1.75
West Virginia ...............................................................................
0.76
Wisconsin .....................................................................................
1.91
Wyoming ......................................................................................
0.66.
(2) ADDITIONAL RULE.—Any State with lane
miles on the National Highway System totaling be-
tween 3,500 and 4,000 miles shall be treated as a
State 
meeting 
the 
requirements 
of 
section
104(b)(1)(A) of title 23, United States Code, for
purposes of such section.
(i) USE OF MOST UP-TO-DATE DATA.—The Sec-
retary shall use the most up-to-date data available for the
latest fiscal year for the purposes of making apportion-
ments under this section and section 157 of title 23, Unit-
ed States Code.
SEC. 105. INTERSTATE MAINTENANCE PROGRAM.
Section 119 is further amended—
(1) in subsection (a)—
(A) by striking ‘‘and rehabilitating’’ and
inserting ‘‘, rehabilitating, and reconstructing’’;
(B) by striking ‘‘of this title and’’ and in-
serting a comma;
(C) by striking ‘‘this sentence’’ and insert-
ing ‘‘the Building Efficient Surface Transpor-
tation and Equity Act of 1997’’;
(D) by striking ‘‘of this title;’’ and insert-
ing ‘‘, and any segments that become part of
the Interstate System under section 1105(e)(5)
of the Intermodal Surface Transportation Effi-
ciency Act of 1991;’’; and
(E) by striking ‘‘subsection (e)’’ and in-
serting ‘‘section 129 or continued in effect by
section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 and not
voided by the Secretary under section 120(c) of
the Surface Transportation and Uniform Relo-
cation Assistance Act of 1987 (101 Stat. 159)’’;
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and
(g) as subsections (b), (c), and (d), respectively.
SEC. 106. NATIONAL HIGHWAY SYSTEM.
(a) COMPONENTS.—Section 103(b) is amended—
(1) by striking the last 4 sentences of para-
graph (2)(B);
(2) in paragraph (2)(C) by striking ‘‘and be
subject to approval by Congress in accordance with
paragraph (3)’’; and
(3) in paragraph (2)(D) by striking ‘‘and sub-
ject to approval by Congress in accordance with
paragraph (3)’’.
(b) MAXIMUM MILEAGE.—Section 103(b) is amend-
ed—
(1) by striking paragraphs (3) and (4) and in-
serting the following:
‘‘(3) MAXIMUM
MILEAGE.—The mileage of
highways on the National Highway System shall not
exceed 155,000 miles; except that the Secretary may
increase or decrease such maximum mileage by not
to exceed 15 percent.’’; and
(2) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(c) DESIGNATION.—Section 103(b)(4), as so redesig-
nated by subsection (b)(2) of this section, is amended—
(1) by inserting ‘‘(A) BASIC SYSTEM.—’’ before
‘‘The National’’;
(2) by inserting after subparagraph (A), as so
designated by paragraph (1) of this subsection, the
following:
‘‘(B) 
INTERMODAL
CONNECTORS.—The
modifications to the National Highway System
that consist of highway connections to major
ports, airports, international border crossings,
public transportation and transit facilities,
interstate bus terminals, and rail and other
intermodal transportation facilities, as submit-
ted to Congress by the Secretary on the map
dated May 24, 1996, are designated within the
United States, including the District of Colum-
bia and the Commonwealth of Puerto Rico.’’;
and
(3) by indenting such subparagraph (A) and
aligning it with subparagraph (B), as inserted by
paragraph (2) of this subsection.
(d) MODIFICATIONS.—Section 103(b)(5)(A), as re-
designated by subsection (b)(2) of this section, is amended
by inserting ‘‘or, in the case of the strategic highway net-
work, that are proposed by the Secretary in consultation
with appropriate Federal agencies and the States’’ before
‘‘if the Secretary’’.
(e) CONFORMING AMENDMENTS.—Section 103(b) is
amended—
(1) in paragraph (5), as redesignated by sub-
section (b)(2) of this section, by striking ‘‘Subject to
paragraph (7), the’’ and inserting ‘‘The’’;
(2) by striking paragraph (7);
(3) by redesignating paragraph (8) as para-
graph (6); and
(4) in paragraph (6), as so redesignated, by
striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(4)’’.
(f) TECHNICAL
AMENDMENT.—Section 103 is
amended—
(1) by redesignating paragraphs (1) through
(13) of subsection (i) as subparagraphs (A) through
(M), respectively;
(2) by redesignating subsection (i) as paragraph
(7);
(3) by moving such paragraph (7) (including
such subparagraphs) to the end of subsection (b);
and
(4) by moving such paragraph (7) (including
such subparagraphs) 2 ems to the right.
(g) EFFECT ON EXISTING APPORTIONMENTS.—The
amendments made by this section shall not affect funds
apportioned or allocated under title 23, United States
Code, before the date of the enactment of this Act.
(h) INTERMODAL FREIGHT CONNECTORS STUDY.—
(1) REPORT.—Not later than 24 months after
the date of the enactment of this Act, the Secretary
shall review the condition of and improvements made
to connectors on the National Highway System ap-
proved by this Act that serve seaports, airports, and
other intermodal freight transportation facilities
since the designation of the National Highway Sys-
tem. Children 14 years of age and under shall be eli-
gible for such competition.
(2) PANEL OF JUDGES.—The Secretary shall
appoint a panel of not less than 6 persons to evalu-
ate all designs submitted under the competition and
select a winning design. The panel shall be composed
of—
(A) a representative of the Department of
Transportation;
(B) a representative designated by the
American Association of State Highway and
Transportation Officials;
(C) a representative of the motor carrier
industry;
(D) a representative of private organiza-
tions dedicated to advancement of the arts; and
(E) a representative of the motoring pub-
lic.
(3) REPORT
AND
PLAN.—Not later than 24
months after the date of the enactment of this sec-
tion, the Secretary shall initiate and complete the
competition and submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and
Public Works of the Senate a report on the results
of the competition, a plan for the placement of logo
signs on the National Highway System, and an esti-
mate of the cost of implementing such plan.
SEC. 107. HIGHWAY BRIDGE PROGRAM.
(a) APPORTIONMENT FORMULA.—Section 144(e) is
amended by inserting before the period at the end of the
fourth sentence the following: ‘‘, and, if a State transfers
funds apportioned to it under this section in a fiscal year
beginning after September 30, 1997, to any other appor-
tionment of funds to such State under this title, the total
cost of deficient bridges in such State and in all States
to be determined for the succeeding fiscal year shall be
reduced by the amount of such transferred funds’’.
(b) DISCRETIONARY BRIDGE SET ASIDE.—Section
144(g)(1) is amended—
(1) by inserting ‘‘(A) FISCAL
YEARS
1992
THROUGH 1997.—’’ before ‘‘Of the amounts’’;
(2) by adding at the end the following:
‘‘(B) FISCAL YEARS 1998 THROUGH 2000.—
The amounts authorized for each of fiscal years
1998, 1999, and 2000 by section 127(a)(1) of
the Building Efficient Surface Transportation
and Equity Act of 1997 shall be at the discre-
tion of the Secretary.’’; and
(3) by indenting subparagraph (A), as so des-
ignated by paragraph (2) of this subsection, and
aligning such subparagraph (A) with subparagraph
(B), as inserted by paragraph (2) of this subsection.
(c) OFF SYSTEM BRIDGE SET ASIDE.—Section
144(g)(3) is amended—
(1) by striking ‘‘, 1988’’ and all that follows
through ‘‘1997,’’ and inserting ‘‘through 2000,’’;
and
(2) by striking ‘‘system’’ each place it appears
and inserting ‘‘highway’’.
(d) ELIGIBILITY.—Section 144 is amended—
(1) in subsection (d) by inserting after ‘‘magne-
sium acetate’’ the following: ‘‘or agriculturally de-
rived, environmentally acceptable, minimally corro-
sive 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
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: ‘‘or agricultur-
ally derived, environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions or in-
stall scour countermeasures’’.
(e) CONFORMING AMENDMENT.—Section 144(n) is
amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 108. SURFACE TRANSPORTATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 133(a)
is amended by inserting after ‘‘establish’’ the following:
‘‘and implement.’’.
(b) APPLICATION OF ANTI-ICING AND DE-ICING COM-
POSITIONS TO BRIDGES.—Section 133(b)(1) is amended
by inserting after ‘‘magnesium acetate’’ the following: ‘‘or
agriculturally derived, environmentally acceptable, mini-
mally corrosive anti-icing and de-icing compositions’’.
(c) TRANSPORTATION CONTROL MEASURES.—Sec-
tion 133(b)(9) is amended by striking ‘‘clauses (xii) and’’
and inserting ‘‘clause’’.
(d) ENVIRONMENTAL RESTORATION AND POLLUTION
ABATEMENT PROJECTS.—Section 133(b) is amended by
adding at the end the following:
‘‘(12) Environmental restoration and pollution
abatement projects, including the retrofit or con-
struction of storm water treatment systems, to ad-
dress water pollution or environmental degradation
caused or contributed to by existing transportation
facilities at the time such 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 reconstruc-
tion, rehabilitation, resurfacing, or restoration
project.’’.
(e) DIVISION OF FUNDS.—Section 133(d)(3)(B) is
amended by adding at the end the following: ‘‘Notwith-
standing subsection (c), up to 15 percent of the amounts
required to be obligated under this subparagraph may be
obligated on roads functionally classified as minor collec-
tors’’.
(f) PROGRAM
APPROVAL.—Section 133(e)(2) is
amended to read as follows:
‘‘(2) PROGRAM
APPROVAL.—Each State shall
submit a project agreement for each fiscal year, cer-
tifying that the State will meet all the requirements
of this section and notifying the Secretary of the
amount of obligations needed to administer the sur-
face transportation program. Each State shall re-
quest adjustments to the amount of obligations as
needed. The Secretary’s approval of the project
agreement shall be deemed a contractual obligation
of the United States for the payment of surface
transportation program funds provided under this
title.’’.
(g) CONFORMING AMENDMENT.—Section 134(f) is
amended by striking ‘‘6-fiscal year period 1992 through
1997’’ and inserting ‘‘fiscal years for which funds are
made available by the Building Efficient Surface Trans-
portation and Equity Act of 1997’’.
SEC. 109. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 149(a)
is amended by inserting after ‘‘establish’’ the following:
‘‘and implement’’.
(b) CURRENTLY
ELIGIBLE
PROJECTS.—Section
149(b) is amended—
(1) in paragraph (1)(A) by striking ‘‘clauses
(xii) and’’; and inserting ‘‘clause’’;
(2) by striking ‘‘or’’ at the end of paragraph
(3);
(3) by striking ‘‘standard.’’ at the end of para-
graph (4) and inserting ‘‘standard; or’’;
(4) by inserting after paragraph (4) the follow-
ing:
‘‘(5) if the program or project would have been
eligible for funding on or before September 30,
1997, under guidance issued by the Secretary to im-
plement this section.’’; and
(5) by striking the second sentence and insert-
ing the following: ‘‘Funds may be provided under
this section for a project which will result in the con-
struction of new capacity available to single occu-
pant vehicles and available to high occupancy vehi-
cles if the project is otherwise eligible for assistance
under this section.’’.
(c) STUDY
OF EFFECTIVENESS
OF CMAQ PRO-
GRAM.—
(1) STUDY.—The Secretary shall request the
National Academy of Sciences to study the impact
of the congestion mitigation and air quality improve-
ment program on the air quality of nonattainment
areas. The study shall, at a minimum—
(A) determine the amount of funds obli-
gated under such program in each nonattain-
ment area and to make a comprehensive analy-
sis of the types of projects funded under such
program;
(B) identify any improvements to or deg-
radations of the air quality in each nonattain-
ment area; and
(C) measure the impact of the projects
funded under such program on the air quality
of each nonattainment area.
(2) REPORT.—Not later than January 1, 2000,
the National Academy of Sciences shall transmit to
the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and
the Committee on Environment and Public Works of
the Senate a report on the results of the study with
recommendations for modifications to the congestion
mitigation and air quality improvement program in
light of the results of the study.
(3) FUNDING.—Before making the apportion-
ment of funds under section 104(b)(2) for each of
fiscal years 1998 and 1999, the Secretary shall de-
duct 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 sub-
section.
SEC. 110. HIGH RISK ROAD SAFETY IMPROVEMENT PRO-
GRAM.
(a) IN GENERAL.—Chapter 1 is amended by insert-
ing after section 153 the following:
‘‘§ 154. High risk road safety improvement program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a high risk road safety improvement
program in accordance with this section.
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate
funds apportioned to it under section 104(b)(4) only for
construction and operational improvement projects on
high risk roads and only if the primary purpose of the
project is to improve highway safety on a high risk road.
‘‘(c) STATE ALLOCATION SYSTEM.—Each State shall
establish a system for allocating funds apportioned to it
under section 104(b)(4) among projects eligible for assist-
ance under this section that have the highest benefits to
highway safety. Such system may include a safety man-
agement system established by the State under section
303 or a survey established pursuant to section 152(a).
‘‘(d) TRANSFERABILITY.—A State may transfer not
to exceed 50 percent of the amount of funds apportioned
to it under section 104(b)(4) for any fiscal year to the
apportionment of such State under section 104(b)(1) or
104(b)(3) or both.
‘‘(e) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for
projects under this section shall be consistent with the re-
quirements of sections 134 and 135.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) HIGH RISK ROAD.—The term ‘high risk
road’ means any Federal-aid highway or segment of
a Federal-aid highway—
‘‘(A) on which a significant number of se-
vere motor vehicle crashes occur; or
‘‘(B) which has current, or will likely have,
increases in traffic volume that are likely to cre-
ate a potential for severe crash consequences in
a significant number of motor vehicle crashes.
‘‘(2) SEVERE CRASH.—The term ‘severe crash’
means a motor vehicle crash in which a fatality or
incapacitating injury occurs.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 1 is amended by inserting after the item
relating to section 153 the following:
‘‘154. High risk road safety improvement program.’’.
SEC. 111. MINIMUM ALLOCATION.
(a) GENERAL RULES.—Section 157(a) is amended—
(1) in paragraph (4)—
(A) by striking ‘‘THEREAFTER’’ and in-
serting ‘‘FISCAL YEARS 1992–1997; and
(B) by striking ‘‘fiscal years 1992 and
each fiscal year thereafter’’ and inserting ‘‘each
of fiscal years 1992 through 1997’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) THEREAFTER.—In fiscal year 1998 and
each fiscal year thereafter on October 1, or as soon
as possible thereafter, the Secretary shall allocate
among the States amounts sufficient to ensure that
a State’s percentage of the total apportionments in
each such fiscal year for Interstate maintenance, the
National Highway System, the bridge program, the
surface transportation program, the congestion miti-
gation and air quality improvement program, the
high risk road safety improvement program, the rec-
reational trails program, the Appalachian Develop-
ment Highway System program, and metropolitan
planning shall not be less than 95 percent of the
percentage of estimated tax payments attributable to
highway users in the State paid into the Highway
Trust Fund, other than the Mass Transit Account,
in the latest fiscal year for which data are avail-
able.’’.
(b) AVAILABILITY
OF FUNDS.—Section 157(b) is
amended—
(1) by inserting before ‘‘Amounts allocated’’ the
following: ‘‘AVAILABILITY OF FUNDS’’;
(2) by striking ‘‘Interstate highway substitute,’’
and all that follows through ‘‘crossing projects’’ and
inserting ‘‘any purpose described in section 133(b)’’;
and
(3) by inserting before the period at the end
‘‘and section 103(c) of the Building Efficient Sur-
face Transportation and Equity Act of 1997’’.
(c) CONFORMING AMENDMENTS.—Section 157 is fur-
ther amended—
(1) in subsection (d) by striking ‘‘154(f) or’’;
and
(2) in subsection (e) by inserting before ‘‘In
order’’ the following: ‘‘AUTHORIZATION OF APPRO-
PRIATIONS.—’’.
(d) MINIMUM ALLOCATION ADJUSTMENT.—If the
Secretary—
(1) determines that—
(A) the ratio of—
(i) the aggregate of funds made avail-
able by this Act, including any amend-
ments made by this Act, that are appor-
tioned to a State for Federal-aid highway
programs (including funds allocated to the
State under section 157 of title 23, United
States Code) for fiscal year 1998, 1999, or
2000, to
(ii) the aggregate of such funds ap-
portioned to all States for such programs
for such fiscal year, is less than
(B) the ratio of—
(i) estimated tax payments attrib-
utable to highway users in the State paid
into the Highway Trust Fund, other than
the Mass Transit Account, in the latest fis-
cal year for which data are available, to
(ii) the estimated tax payments attrib-
utable to highway users in all States paid
into such Trust Fund in such latest fiscal
year; and
(2) determines that—
(A) the ratio determined under paragraph
(1)(A)(i), is less than
(B) the ratio of—
(i) the aggregate of funds made avail-
able by the Intermodal Surface Transpor-
tation Efficiency Act of 1991, including
any amendments made by such Act, and
section 202 of the National Highway Sys-
tem Designation Act of 1995 that are ap-
portioned to the State for Federal-aid
highway programs (other than Federal
lands highway programs and projects
under sections 1103–1108 of the Inter-
modal Surface Transportation Efficiency
Act of 1991) for fiscal years 1992 through
1997, to
(ii) the aggregate of such funds ap-
portioned to all States for such programs
for such fiscal years;
the Secretary shall allocate under such section 157 to the
State amounts sufficient to ensure that the State’s per-
centage of total apportionments for Federal-aid highway
programs (including allocations under such section 157)
for such fiscal year 1998, 1999, or 2000 under this Act,
including any amendments made by this Act, is equal to
the State’s percentage of total apportionments for Fed-
eral-aid highway programs (other than Federal lands
highway programs and projects under sections 1103–1008
of the Intermodal Surface Transportation Efficiency Act
of 1991) for fiscal year 1997 under the Intermodal Sur-
face Transportation Efficiency Act of 1991, including any
amendments made by such Act, and section 202 of the
National Highway System Designation Act of 1995. The
allocation shall be made on October 1 of such fiscal year
1998, 1999, or 2000 or as soon as possible thereafter and
shall be in addition to any other allocation to the State
under such section 157 for such fiscal year.
SEC. 112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 102 for fiscal years
1998, 1999, and 2000 among the States based on the lat-
est available cost to complete estimate for the Appalachian
Development Highway System prepared by the Appalach-
ian Regional Commission, unless the Appalachian Re-
gional Commission adopts a alternative method for dis-
tribution. In general, no State containing Appalachian De-
velopment Highway System routes shall receive an appor-
tionment of less than $1,000,000. For fiscal years 1999
and 2000, any alternative method for distribution adopted
by the Appalachian Regional Commission must be commu-
nicated to the Secretary at least 30 days prior to the be-
ginning of the fiscal year in which the apportionment is
to be made. Such funds shall be available to construct
highways on such system.
(b) APPLICABILITY OF TITLE 23.—Funds authorized
by section 102 of this Act for the Appalachian develop-
ment highway system under section 201 of the Appalach-
ian Regional Development Act of 1965 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 accord-
ance 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 Re-
gional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ‘‘70’’ and inserting ‘‘80’’.
(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—
Section 201 of such Act is amended by adding at the end
the following new subsection:
‘‘(i) 
DEDUCTION
FOR
ADMINISTRATIVE
EX-
PENSES.—On October 1 of each fiscal year, or as soon
as is practicable thereafter, there shall be deducted, for
the expenses of the Appalachian Regional Commission in
administering the funds authorized under this section for
such year, not to exceed 3.75 percent of the funds made
available for such year under subsection (g) of this sec-
tion.’’.
SEC. 113. HIGH COST INTERSTATE SYSTEM RECONSTRUC-
TION AND IMPROVEMENT PROGRAM.
(a) IN GENERAL.—Section 160 is amended to read
as follows:
‘‘§ 160. High cost interstate system reconstruction
and improvement program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a high cost interstate system recon-
struction and improvement program in accordance with
this section.
‘‘(b) ELIGIBLE PROJECTS.—Funds made available to
carry out the high cost interstate reconstruction and im-
provement program under this section for a fiscal year
shall be available for obligation by the Secretary for any
major reconstruction or improvement project to any high-
way designated as part of the Interstate System and open
to traffic before the date of the enactment of the Building
Efficient Surface Transportation and Equity Act of 1997.
Such funds shall be made available by the Secretary to
any State applying for such funds only if the Secretary
determines that—
‘‘(1) the total cost of the project is greater than
the lesser of $200,000,000 or 50 percent of the ag-
gregate amount of funds apportioned to the State
under this title for such fiscal year;
‘‘(2) the project is a ready-to-commence project;
‘‘(3) the State agrees that it will not transfer
funds apportioned to it under section 104(b)(5) for
such fiscal year to any other program category; and
‘‘(4) the applicant agrees to obligate the funds
within 1 year of the date the funds are made avail-
able.
‘‘(c) ALLOCATION OF FUNDS.—Of the funds made
available to carry out the program under this section, the
Secretary shall allocate—
‘‘(1) not less than $165,000,000 for fiscal year
1998, $412,500,000 for fiscal year 1999, and
$660,000,000 for fiscal year 2000 among States in
the ratio that the estimated cost of carrying out
projects determined by the Secretary to be eligible
for funding under subsection (b) in each State bears
to the estimated cost of carrying out such projects
in all of the States; and
‘‘(2) at the discretion of the Secretary, not
more than the amounts set forth in section
127(a)(2) for each of fiscal years 1998, 1999, and
2000 for projects eligible for assistance under this
section to—
‘‘(A) meet an extraordinary need for fund-
ing; or
‘‘(B) help expedite completion of a project
of national significance.
‘‘(d) UNALLOCATED FUNDS.—
‘‘(1) APPORTIONMENT.—If, on August 1 of fis-
cal year 1998 and each fiscal year thereafter, the
Secretary determines that funds authorized to be al-
located in such fiscal year for the program under
this section will not be allocated in such fiscal year
as a result of not enough projects being eligible for
assistance under this section, the Secretary shall ap-
portion under section 104(b)(5) such funds among
the States for the Interstate maintenance program.
‘‘(2) REDISTRIBUTION
OF
OBLIGATION
AU-
THORITY.—The Secretary shall also redistribute on
such August 1 any obligation authority that is allo-
cated for the fiscal year under section 103(c)(4) of
the Building Efficient Surface Transportation and
Equity Act of 1997 attributable to the program
under this section and that the Secretary determines
will not be used before September 30 of such fiscal
year among the States (other than a State from
which obligation authority for such fiscal year is re-
distributed under section 103(d) of such Act) in the
same ratio as set forth in section 103(c)(5) of such
Act.
‘‘(e) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for
projects under this section shall be consistent with the re-
quirements of sections 134 and 135.
‘‘(f) FUTURE ALLOCATIONS.—
‘‘(1) DETERMINATIONS.—The Secretary shall,
in cooperation with States and affected metropolitan
planning organizations, determine—
‘‘(A) the expected condition of the Inter-
state System over the next 10 years and the
needs of States and metropolitan planning or-
ganizations to reconstruct and improve the
Interstate System; and
‘‘(B) a method to allocate funds made
available under this section that would—
‘‘(i) address the needs identified in
subparagraph (A);
‘‘(ii) provide a fair and equitable dis-
tribution of such funds; and
‘‘(iii) allow for States to address any
extraordinary needs.
‘‘(2) REPORT.—The determination made under
paragraph (1) shall be submitted to Congress in a
report not later than January 1, 2000.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 1 is amended by striking the item relat-
ing to section 160 and inserting the following:
‘‘160. High cost interstate system reconstruction and improvement program.’’.
SEC. 114. RECREATIONAL TRAILS PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United
States Code, is amended by inserting after section 205 the
following:
‘‘SEC. 206. RECREATIONAL TRAILS PROGRAM.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of the Interior and the Secretary of
Agriculture, shall administer a national program for the
purposes of providing and maintaining recreational trails.
‘‘(b) STATEMENT OF INTENT.—Funds made avail-
able to carry out the recreational trails program under this
section are to be derived from revenues collected through
motor fuel taxes from nonhighway users and are to be
used on trails and trail-related projects which have been
planned and developed under the otherwise existing laws,
policies, and administrative procedures within each State,
and which are identified in, or which further a specific
goal of, a trail plan included or referenced in 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.).
‘‘(c) STATE ELIGIBILITY.—A State shall be eligible
to obligate funds apportioned to it under section 104(h)
only if—
‘‘(1) the Governor of the State has designated
the State agency or agencies that will be responsible
for administering funds received under this section;
and
‘‘(2) a recreational trail advisory committee on
which both motorized and nonmotorized recreational
trail users are fairly represented exists within the
State.
‘‘(d) FEDERAL SHARE PAYABLE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), (4), and (5), the Federal share pay-
able on account of a project under this section shall
not exceed 50 percent.
‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—
Notwithstanding any other provision of law, a Fed-
eral agency sponsoring a project under this section
may contribute additional Federal funds toward a
project’s cost if the share attributable to the Sec-
retary does not exceed 50 percent and the share at-
tributable to the Secretary and the Federal agency
jointly does not exceed 80 percent.
‘‘(3) ALLOWABLE MATCH FROM FEDERAL PRO-
GRAMS.—The following Federal programs may be
used to contribute additional Federal funds toward
a project’s cost and may be accounted for as contrib-
uting to the non-Federal share:
‘‘(A) State and Local Fiscal Assistance Act
of 1972 (Public Law 92–512).
‘‘(B) HUD Community Development Block
Grants (Public Law 93–383).
‘‘(C) Public Works Employment Act of
1976 (Public Law 94–369).
‘‘(D) Acts establishing national heritage
corridors and areas.
‘‘(E) Job Training Partnership Act of
1982 (Public Law 97–300).
‘‘(F) National and Community Service
Trust Act of 1993 (Public Law 103–82).
‘‘(G) Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public
Law 104–93).
‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A
State may allow adjustments of the non-Federal
share of individual projects in a fiscal year if the
total Federal share payable for all projects within
the State carried out under this section with funds
apportioned to the State under section 104(h) for
such fiscal year does not exceed 50 percent. For
purposes of this paragraph, a project funded under
paragraph (2) or (3) of this subsection may not be
included in the calculation of the programmatic non-
Federal share.
‘‘(5) STATE
ADMINISTRATIVE
COSTS.—The
Federal share payable on account of the administra-
tive costs of a State under subsection (e)(1)(A) shall
be determined in accordance with section 120(b).
‘‘(e) USE OF FUNDS.—
‘‘(1) PERMISSIBLE
USES.—A State may use
funds apportioned to it under section 104(h)—
‘‘(A) in an amount not exceeding 7 percent
of such funds, for administrative costs of the
State;
‘‘(B) in an amount not exceeding 5 percent
of such funds, for operation of environmental
protection education and safety education pro-
grams relating to the use of recreational trails;
‘‘(C) for development and rehabilitation of
urban trail linkages to provide connections to
and among neighborhoods and community cen-
ters and between trails;
‘‘(D) for maintenance of existing rec-
reational trails, including the grooming and
maintenance of trails across snow;
‘‘(E) for restoration of areas damaged by
usage of recreational trails, including back
country terrain;
‘‘(F) for development and rehabilitation of
trail-side and trail-head facilities that meet
goals identified by the National Recreational
Trails Advisory Committee;
‘‘(G) for provision of features which facili-
tate the access and use of trails by persons with
disabilities;
‘‘(H) for acquisition of easements for
trails, or for trail corridors identified in a State
trail plan;
‘‘(I) for acquisition of fee simple title to
property from a willing seller, when the objec-
tive of the acquisition cannot be accomplished
by acquisition of an easement or by other
means;
‘‘(J) for construction of new trails on
State, county, municipal, or private lands,
where a recreational need for such construction
is shown; and
‘‘(K) only as otherwise permissible and
where necessary and required by a statewide
comprehensive outdoor recreation plan, for con-
struction of new trails crossing Federal lands if
such construction is approved by the admin-
istering agency of the State and the Federal
agency or agencies charged with management of
all impacted lands and if such approval is con-
tingent upon compliance by the Federal agency
with all applicable laws, including the National
Environmental Policy Act (42 U.S.C. 4321 et
seq.), the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600
et seq.), and the Federal Land Policy and Man-
agement Act (43 U.S.C. 1701 et seq.).
‘‘(2) USE NOT PERMITTED.—A State may not
use funds apportioned to it under section 104(h)—
‘‘(A) for condemnation of any kind of in-
terest in property;
‘‘(B)(i) for construction of any recreational
trail on National Forest System lands for mo-
torized uses unless—
‘‘(I) such lands have been allocated
for uses other than wilderness by an ap-
proved forest land and resource manage-
ment plan or have been released to uses
other than wilderness by an Act of Con-
gress, and
‘‘(II) such construction is otherwise
consistent with the management direction
in such approved land and resource man-
agement plan; or
‘‘(ii) for construction of any recreational
trail on Bureau of Land Management lands for
motorized uses unless—
‘‘(I) such lands have been allocated
for uses other than wilderness by an ap-
proved Bureau of Land Management re-
source management plan or have been re-
leased to uses other than wilderness by an
Act of Congress, and
‘‘(II) such construction is otherwise
consistent with the management direction
in such approved management plans; or
‘‘(C) for upgrading, expanding, or other-
wise facilitating motorized use or access to
trails predominantly used by non-motorized
trail users and on which, as of May 1, 1991,
motorized use is either prohibited or has not oc-
curred.
‘‘(3) GRANTS.—
‘‘(A) IN GENERAL.—A State may provide
funds apportioned to it under section 104(h) to
make grants to private individuals, organiza-
tions, municipal, county, State, and Federal
government entities, and other government enti-
ties as approved by the State after considering
guidance from the recreational trail advisory
committee satisfying the requirements of sub-
section (c)(2), for uses consistent with this sec-
tion.
‘‘(B) COMPLIANCE.—A State that makes
grants under subparagraph (A) shall establish
measures to verify that recipients comply with
the specified conditions for the use of grant
moneys.
‘‘(4) ASSURED ACCESS TO FUNDS.—Except as
provided under paragraph (7), not less than 30 per-
cent of the funds apportioned to a State in a fiscal
year under section 104(h) shall be reserved for uses
relating to motorized recreation, and not less than
30 percent of such funds shall be reserved for uses
relating to non-motorized recreation.
‘‘(5) ENVIRONMENTAL MITIGATION.—
‘‘(A) REQUIREMENT.—To the extent prac-
ticable and consistent with other requirements
of this section, in complying with paragraph
(4), a State should give consideration to project
proposals that provide for the redesign, recon-
struction, nonroutine maintenance, or relocation
of trails in order to mitigate and minimize the
impact to the natural environment.
‘‘(B) GUIDANCE.—A recreational trail ad-
visory committee satisfying the requirements of
subsection (c)(2) shall issue guidance to a State
for the purposes of implementing subparagraph
(A).
‘‘(6) DIVERSIFIED TRAIL USE.—
‘‘(A) REQUIREMENT.—To the extent prac-
ticable and consistent with other requirements
of this section, a State shall expend funds ap-
portioned to it under section 104(h) in a man-
ner that gives preference to project proposals
which—
‘‘(i) provide for the greatest number
of compatible recreational purposes, includ-
ing those described in subsection (g)(3); or
‘‘(ii) 
provide 
for 
innovative 
rec-
reational trail corridor sharing to accom-
modate motorized and non-motorized rec-
reational trail use.
This paragraph shall remain effective with re-
spect to a State until such time as the State
has allocated not less than 40 percent of funds
apportioned to it under section 104(h) in such
manner.
‘‘(B) COMPLIANCE.—The State shall re-
ceive guidance for determining compliance with
subparagraph (A) from the recreational trail
advisory committee satisfying the requirements
of subsection (c)(2).
‘‘(7) EXEMPTIONS.—
‘‘(A) SMALL
STATE.—Any State with a
total land area of less than 3,500,000 acres and
in which nonhighway recreational fuel use ac-
counts for less than 1 percent of all such fuel
use in the United States shall be exempted
from the requirements of paragraph (4) upon
application to the Secretary by the State dem-
onstrating that it meets the conditions of this
paragraph.
‘‘(B) STATE RECREATIONAL TRAIL ADVI-
SORY COMMITTEE.—If approved by the State
recreational trail advisory committee satisfying
the requirements of subsection (c)(2), the State
may be exempted from the requirements of
paragraph (4).
‘‘(8) CONTINUING RECREATIONAL USE.—At the
option of each State, funds apportioned to it under
section 104(h) may be treated as Land and Water
Conservation Fund moneys for the purposes of sec-
tion 6(f)(3) of the Land and Water Conservation
Fund Act.
‘‘(9) CREDIT FOR DONATIONS OF FUNDS, MA-
TERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—Noth-
ing in this title or any other law shall prevent a
project sponsor from offering to donate funds, mate-
rials, services, or new right-of-way for the purposes
of a project eligible for assistance. Any funds, or the
fair market value of any materials, services, or new
right-of-way may be donated by any project sponsor
and shall be credited to the non-Federal share in ac-
cordance with subsection (d). Any funds or the fair
market value of any materials or services may be
provided by a Federal project sponsor and shall be
credited as part of that Federal agency’s share
under subsection (d)(2).
‘‘(10) RECREATIONAL
PURPOSE.—A project
funded under this section is intended to enhance rec-
reational opportunity and is not subject to the provi-
sions of section 303 of title 49 or section 138 of this
title.
‘‘(f) COORDINATION OF ACTIVITIES.—
‘‘(1) COOPERATION BY FEDERAL AGENCIES.—
Each agency of the United States that manages land
on which a State proposes to construct or maintain
a recreational trail pursuant to this section is en-
couraged to cooperate with the State and the Sec-
retary in planning and carrying out the activities de-
scribed in subsection (e). Nothing in this section di-
minishes or in any way alters the land management
responsibilities, plans, and policies established by
such agencies pursuant to other applicable laws.
‘‘(2) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condi-
tion to making available funds for work on rec-
reational trails that would affect privately
owned land, a State shall obtain written assur-
ances that the owner of the property will co-
operate with the State and participate as nec-
essary in the activities to be conducted.
‘‘(B) PUBLIC ACCESS.—Any use of funds
apportioned to a State under section 104(h) on
private lands must be accompanied by an ease-
ment or other legally binding agreement that
ensures public access to the recreational trail
improvements funded by those funds.
‘‘(g) APPLICABILITY OF CHAPTER 1.—Funds made
available to carry out this section shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1; except that the Federal share
payable for a project using such funds shall be determined
in accordance with this section and such funds shall re-
main available until expended.
‘‘(h) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ELIGIBLE
STATE.—The term ‘eligible
State’ means a State that meets the requirements of
subsection (c).
‘‘(2) NONHIGHWAY RECREATIONAL FUEL.—The
term ‘nonhighway recreational fuel’ has the meaning
such term has under section 9503(c)(6) of the Inter-
nal Revenue Code of 1986.
‘‘(3) RECREATIONAL
TRAIL.—The term ‘rec-
reational trail’ means a thoroughfare or track across
land or snow, used for recreational purposes such as
bicycling, cross-country skiing, day hiking, eques-
trian activities (including carriage driving), jogging
or 
similar 
fitness 
activities, 
skating 
or
skateboarding, trail biking, overnight or long-dis-
tance backpacking, snowmobiling, aquatic or water
activity, or vehicular travel by motorcycle, four-wheel
drive or all-terrain off-road vehicles, without regard
to whether it is a ‘National Recreation Trail’ des-
ignated under section 4 of the National Trails Sys-
tem Act (16 U.S.C. 1243).
‘‘(4) MOTORIZED RECREATION.—The term ‘mo-
torized recreation’ means off-road recreation using
any motor-powered vehicle, except for motorized
wheelchairs.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 2 is amended by inserting after the item relating
to section 205 the following:
‘‘206. Recreational trails program.’’.
(c) REPEAL
OF OBSOLETE PROVISION.—Section
1302 of the Intermodal Surface Transportation Efficiency
Act of 1991 (16 U.S.C. 1261) is repealed.
(d) TERMINATION OF ADVISORY COMMITTEE.—Sec-
tion 1303 of such Act (16 U.S.C. 1262) is amended by
adding at the end the following:
‘‘(j) TERMINATION.—The advisory committee estab-
lished by this section shall terminate on September 30,
2000.’’.
SEC. 115. NATIONAL CORRIDOR PLANNING AND DEVELOP-
MENT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish and
implement a program to make allocations to States for
coordinated planning and design of corridors of national
significance, economic growth, and international or inter-
regional trade. A State may apply to the Secretary for
allocations under this section.
(b) ELIGIBILITY
OF CORRIDORS.—The Secretary
may make allocations under this section only with respect
to the following corridors:
(1) High priority corridors identified in section
1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(2) The creation or upgrade of any other sig-
nificant regional or multistate highway corridor not
identified in whole or in part in paragraph (1) that
the Secretary determines would—
(A) facilitate international or interregional
trade; or
(B) 
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) Environmental review.
(5) Multistate and intrastate coordination for
corridors described in subsection (b).
(d) CORRIDOR DEVELOPMENT
AND MANAGEMENT
PLAN.—A State receiving an allocation under this section
shall develop, in consultation with the Secretary, a devel-
opment and management plan for the corridor with re-
spect to which the allocation is being made. Such plan
shall include, at a minimum, the following elements:
(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 development activities, environ-
mental reviews and permits, and construction of all
segments.
(3) A finance plan, including any innovative fi-
nancing methods and, if the corridor is a multistate
corridor, a State-by-State breakdown of corridor fi-
nances.
(4) The results of any environmental reviews
and mitigation plans.
(5) The identification of any impediments to
the development and construction of the corridor, in-
117
nated border infrastructure and safety program
under section 116 of this Act $70,000,000 for
fiscal year 1998, $100,000,000 for fiscal year
1999, and $100,000,000 for fiscal year 2000.
(B) NATIONAL CORRIDOR PLANNING AND
DEVELOPMENT
PROGRAM.—For the national
corridor planning and development program
under section 115 of this Act $50,000,000 for
fiscal year 1998, $200,000,000 for fiscal year
1999, and $250,000,000 for fiscal year 2000.
(C) CONSTRUCTION OF FERRY BOATS AND
FERRY
TERMINAL
FACILITIES.—For construc-
tion of ferry boats and ferry terminal facilities
under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23
U.S.C. 129 note; 105 Stat. 2005) $18,000,000
for each of fiscal years 1998, 1999, and 2000.
(D) NATIONAL
SCENIC
BYWAYS
PRO-
GRAM.—For the national scenic byway program
under section 162 of title 23, United States
Code, $30,000,000 for each of fiscal years
1998, 1999, and 2000.
(E) VARIABLE PRICING PILOT PROGRAM.—
For the variable pricing pilot program under
section 119 of this Act $10,000,000 for fiscal