I
105TH CONGRESS
1ST SESSION
H. R. 2337
To authorize funds to further the strong Federal interest in the improvement
of highways and transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1997
Mr. HILL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To authorize funds to further the strong Federal interest
in the improvement of highways and transportation, 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
‘‘Surface Transportation Authorization and Regulatory
Streamlining Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Policy.
TITLE I—LEVEL AND DISTRIBUTION OF FUNDS
Sec. 101. Authorization of appropriations.
Sec. 102. Effective use of additional highway account revenue.
Sec. 103. Apportionment of program funds.
Sec. 104. Apportionment adjustment program.
Sec. 105. Program administration, research, and planning funds.
Sec. 106. Recreational trails.
Sec. 107. Rules for any limitations on obligations.
TITLE II—PROGRAM STREAMLINING
Sec. 201. Planning-based expenditures on elements of transportation infrastruc-
ture.
Sec. 202. National Highway System.
Sec. 203. Interstate maintenance activities.
Sec. 204. Surface transportation program amendments.
Sec. 205. Conforming amendments to discretionary programs.
Sec. 206. Cooperative Federal Lands Transportation Program.
TITLE III—REDUCTION OF REGULATION
Sec. 301. Periodic review of agency rules.
Sec. 302. Planning and programming.
Sec. 303. Metric conversion at State option.
TITLE IV—EFFECTIVE DATE; TRANSITION RULES
Sec. 401. Effective date; transition rules.
SEC. 2. POLICY.
Section 101 of title 23, United States Code, is
amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) DECLARATION OF POLICY.—Congress finds and
declares that—
‘‘(1) investments in highways and transpor-
tation systems contribute to the Nation’s economic
growth, international competitiveness, and defense,
and improve the personal mobility and quality of life
of its citizens;
‘‘(2) there are significant needs for increased
Federal highway and transportation investment
across the United States, including a need to im-
prove and preserve Interstate System and other Na-
tional Highway System routes, which are lifelines for
the national economy;
‘‘(3) the Federal Government’s interest in
transportation includes—
‘‘(A) ensuring that people and goods can
move efficiently over long distances between
metropolitan areas and thus across rural areas;
‘‘(B) ensuring that people and goods can
move efficiently within metropolitan and rural
areas;
‘‘(C) preserving environmental quality and
reducing air pollution;
‘‘(D) promoting transportation safety; and
‘‘(E) ensuring the effective use of intel-
ligent transportation systems and other trans-
portation technological innovations in both
urban and rural settings;
‘‘(4) rural States do not have the fiscal re-
sources to support highway investments within their
borders that benefit the United States as a whole by
enabling the movement of people and goods between
metropolitan areas and thus across rural States;
‘‘(5) since State governments already take into
account the public interest before making transpor-
tation decisions affecting citizens of the States—
‘‘(A) the need for Federal regulation of
State transportation activities is limited; and
‘‘(B) it is appropriate for Federal trans-
portation programs to be revised to minimize
regulations and program requirements and to
provide greater flexibility to State governments;
and
‘‘(6) the Federal Government should continue
to allow States and local governments flexibility in
the use of Federal highway funds and require trans-
portation planning and public involvement in trans-
portation planning.’’.
TITLE I—LEVEL AND
DISTRIBUTION OF FUNDS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of title
23, United States Code, $14,163,000,000 for each
of fiscal years 1998 through 2003.
(2) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title, $9,442,000,000 for each of
fiscal years 1998 through 2003.
(3) 
FEDERAL
LANDS
HIGHWAY
INVEST-
MENTS.—
(A) FEDERAL
LANDS
HIGHWAYS
PRO-
GRAM.—
(i) INDIAN
RESERVATION
ROADS.—
For Indian reservation roads under section
204 of that title, $191,000,000 for each of
fiscal years 1998 through 2003.
(ii) PUBLIC LANDS HIGHWAYS.—For
public lands highways under section 204 of
that title, $172,000,000 for each of fiscal
years 1998 through 2003.
(iii) PARKWAYS AND PARK ROADS.—
For parkways and park roads under sec-
tion 204 of that title, $84,000,000 for each
of fiscal years 1998 through 2003.
(B) 
COOPERATIVE
FEDERAL
LANDS
TRANSPORTATION PROGRAM.—For the Coopera-
tive Federal Lands Transportation Program
under section 206 of that title, $155,000,000
for each of fiscal years 1998 through 2003.
(4) TERRITORIES.—For the Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the 
Northern 
Mariana 
Islands, 
collectively,
$35,000,000 for each of fiscal years 1998 through
2003. Such sums shall be allocated among those ter-
ritories at the discretion of the Secretary of Trans-
portation.
SEC. 102. EFFECTIVE USE OF ADDITIONAL HIGHWAY AC-
COUNT REVENUE.
(a) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 162. Effective use of additional highway account
revenue
‘‘(a) DETERMINATION OF ADDITIONAL AMOUNTS TO
BE APPORTIONED.—
‘‘(1) PUBLICATION
OF
INFORMATION.—Not
later than 90 days after the beginning of each fiscal
year beginning with fiscal year 1999, the Secretary
shall publish in the Federal Register the following
information:
‘‘(A) The total estimated revenue of the
Highway Trust Fund (other than the Mass
Transit Account) during the period consisting
of that fiscal year and the 5 following fiscal
years, including all interest income credited or
to be credited during the period.
‘‘(B) The amount obtained by dividing the
amount determined under subparagraph (A) by
6.
‘‘(C) The amount obtained by subtracting
$27,000,000,000 from the amount determined
under subparagraph (B).
‘‘(2) APPORTIONMENT.—If the amount deter-
mined under paragraph (1)(C) is greater than zero,
the Secretary shall—
‘‘(A) multiply that amount by 0.85; and
‘‘(B) apportion the amount determined
under subparagraph (A) in accordance with
subsection (b)(1).
‘‘(b) METHOD OF APPORTIONMENT.—
‘‘(1) IN GENERAL.—For each fiscal year, the
amount determined under subsection (a)(2) shall be
apportioned as follows:
‘‘(A) 60 percent of the amount shall be
added to the amount authorized to be appro-
priated for the fiscal year for the National
Highway System under section 101(1) of the
Surface Transportation Authorization and Reg-
ulatory Streamlining Act.
‘‘(B) 40 percent of the amount shall be
added to the amount authorized to be appro-
priated for the fiscal year for the surface trans-
portation program under section 101(2) of that
Act.
‘‘(2) 
APPORTIONMENT
ADJUSTMENT
PRO-
GRAM.—After making the apportionment under
paragraph (1), the Secretary shall make such addi-
tional apportionments as are necessary under section
157.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Account) to
carry out this section such sums as are necessary for fiscal
year 1999 and each fiscal year thereafter.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
adding at the end the following:
‘‘162. Effective use of additional highway user taxes.’’.
SEC. 103. APPORTIONMENT OF PROGRAM FUNDS.
(a) IN GENERAL.—Section 104(b) of title 23, United
States Code, is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) NATIONAL HIGHWAY SYSTEM.—
‘‘(A) APPORTIONMENT.—For the National
Highway System, as follows:
‘‘(i) INTERSTATE
LANE
MILES.—20
percent in the ratio that lane miles on
Interstate routes in each State bears to the
total of all such lane miles in all States.
‘‘(ii) INTERSTATE
VEHICLE
MILES
TRAVELED.—25 percent in the ratio that
vehicle miles traveled on Interstate routes
in each State bears to the total of all such
vehicle miles in all States.
‘‘(iii) NATIONAL
HIGHWAY
SYSTEM
LANE MILES.—30 percent in the ratio that
lane miles on National Highway System
routes in each State bears to the total of
all such lane miles in all States.
‘‘(iv) NATIONAL
HIGHWAY
SYSTEM
VEHICLE MILES TRAVELED.—10 percent in
the ratio that vehicle miles traveled on the
National Highway System in each State
bears to the total of all such vehicle miles
in all States.
‘‘(v) SPECIAL
FUEL.—15 percent in
the ratio that special fuels volume for each
State bears to the total special fuels vol-
ume for all States.
‘‘(B) USE OF DATA.—In making the cal-
culations for this paragraph, for paragraph (3),
and for section 157, the Secretary shall use the
most recent calendar or fiscal year for which
data are available as of the first day of the fis-
cal year for which the apportionment is to be
made.
‘‘(C) DEFINITIONS.—In this paragraph:
‘‘(i) LANE
MILES
ON
INTERSTATE
ROUTES.—The term ‘lane miles on Inter-
state routes’ shall have the meaning used
by the Secretary in developing Highway
Statistics Table HM–60.
‘‘(ii) LANE
MILES
ON
NATIONAL
HIGHWAY
SYSTEM
ROUTES.—The term
‘lane miles on National Highway System
routes’ shall have the meaning used by the
Secretary in developing Highway Statistics
Table HM–48.
‘‘(iii) SPECIAL FUELS VOLUME.—The
term ‘special fuels volume’ shall have the
meaning used by the Secretary in develop-
ing column 8 of Highway Statistics Table
MF–2.
‘‘(iv) 
STATE.—The 
term 
‘State’
means each of the 50 States and the Dis-
trict of Columbia.
‘‘(v) VEHICLE
MILES
TRAVELED.—
The terms ‘vehicle miles traveled on Inter-
state routes’ and ‘vehicle miles traveled on
the National Highway System’ shall have
the meanings used by the Secretary in de-
veloping Highway Statistics Table VM–3.’’;
(2) by striking paragraph (2);
(3) by striking paragraph (3) and inserting the
following:
‘‘(3) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program, as follows:
‘‘(A) 
FEDERAL-AID
HIGHWAY
LANE
MILES.—25 percent in the ratio that lane miles
on Federal-aid highways in each State bears to
the total of all such lane miles in all States.
‘‘(B) FEDERAL-AID
HIGHWAY
VEHICLE
MILES TRAVELED.—53 percent in the ratio that
vehicle miles traveled on Federal-aid highways
in each State bears to the total of all such vehi-
cle miles in all States.
‘‘(C) BRIDGE DECK SURFACE AREA.—10
percent in the ratio that the square footage of
bridge deck surface in each State, including
such square footage with respect to bridges not
on Federal-aid highways, bears to the total of
such square footage in all States, except that,
in this subparagraph, the term ‘bridge’ includes
only structures of at least 20 feet in length.
‘‘(D) AIR QUALITY.—4 percent in accord-
ance with the following table:
‘‘State
Percentage
Alabama ...........................................................................
0.41
Alaska ...............................................................................
0.00
Arizona .............................................................................
1.50
Arkansas ...........................................................................
0.00
California ..........................................................................
23.02
Colorado ...........................................................................
0.00
Connecticut .......................................................................
2.63
Delaware ...........................................................................
0.45
District of Columbia .........................................................
0.48
Florida ..............................................................................
3.34
Georgia .............................................................................
1.73
Hawaii ..............................................................................
0.00
Idaho ................................................................................
0.00
Illinois ...............................................................................
5.48
Indiana .............................................................................
1.26
Iowa ..................................................................................
0.00
Kansas ..............................................................................
0.00
Kentucky ..........................................................................
0.82
Louisiana ..........................................................................
0.47
Maine ................................................................................
0.48
Maryland ..........................................................................
3.47
Massachusetts ..................................................................
4.60
Michigan ...........................................................................
3.25
Minnesota .........................................................................
0.00
Mississippi ........................................................................
0.00
Missouri ............................................................................
1.11
Montana ...........................................................................
0.00
Nebraska ..........................................................................
0.00
Nevada .............................................................................
0.17
New Hampshire ................................................................
0.43
New Jersey .......................................................................
6.45
New Mexico ......................................................................
0.00
percentage equal to the number determined
under (v).
‘‘(F) FEDERAL LANDS.—5 percent as fol-
lows: The Secretary, after consultation with the
General Services Administration, the Depart-
ment of the Interior, and other agencies as ap-
propriate, shall (i) determine the percentage of
the total land in each State represented by the
sum of the percentage of land owned by the
Federal Government in the State and the per-
centage of land in the State held in trust by the
Federal Government; (ii) add together the indi-
vidual State percentages determined under
clause (i) for all States; and (iii) divide the
amount for each State under clause (i) by the
amount for all States under clause (ii). The 5
percent shall be apportioned among the States
in accord with each State’s percentage under
clause (iii).
‘‘(G) FREEZE-THAW.—1 percent, to be ap-
portioned among the States in accordance with
the table set forth in clause (i), or in accord-
ance with clause (ii).
‘‘(i) TABLE.—
‘‘State
Percentage
Alabama ...........................................................................
1.2
Alaska ...............................................................................
2.4
‘‘State
Percentage
Arizona .............................................................................
1.0
Arkansas ...........................................................................
1.4
California ..........................................................................
0.8
Colorado ...........................................................................
3.3
Connecticut .......................................................................
2.3
Delaware ...........................................................................
1.8
District of Columbia .........................................................
1.9
Florida ..............................................................................
0.2
Georgia .............................................................................
1.1
Hawaii ..............................................................................
0.0
Idaho ................................................................................
2.9
Illinois ...............................................................................
1.9
Indiana .............................................................................
1.9
Iowa ..................................................................................
2.1
Kansas ..............................................................................
2.1
Kentucky ..........................................................................
1.9
Louisiana ..........................................................................
0.7
Maine ................................................................................
2.5
Maryland ..........................................................................
2.0
Massachusetts ..................................................................
2.4
Michigan ...........................................................................
2.2
Minnesota .........................................................................
2.0
Mississippi ........................................................................
1.1
Missouri ............................................................................
2.0
Montana ...........................................................................
3.0
Nebraska ..........................................................................
2.4
Nevada .............................................................................
2.2
New Hampshire ................................................................
2.0
New Jersey .......................................................................
2.6
New Mexico ......................................................................
2.1
New York .........................................................................
2.9
North Carolina .................................................................
2.3
North Dakota ...................................................................
2.2
Ohio ..................................................................................
2.1
Oklahoma .........................................................................
1.6
Oregon ..............................................................................
1.6
Pennsylvania ....................................................................
2.3
Rhode Island ....................................................................
2.1
South Carolina .................................................................
1.4
South Dakota ...................................................................
2.5
Tennessee .........................................................................
1.8
Texas ................................................................................
1.1
Utah .................................................................................
3.2
Vermont ............................................................................
2.0
Virginia .............................................................................
1.9
Washington ......................................................................
1.8
West Virginia ...................................................................
2.2
Wisconsin .........................................................................
2.1
Wyoming ..........................................................................
3.5.
‘‘(ii) ALTERNATE
APPROACH.—Not-
withstanding section 315, the Secretary
may, through notice and comment rule-
making, adopt an approach in lieu of the
table set forth in clause (i) in order to ap-
portion funds subject to this subparagraph
among the States in a manner that reflects
the relative frequency of freeze-thaw cycles
within the States. The Secretary may use
that alternate approach to apportioning
funds for a fiscal year only if a final rule,
adopted after notice and comment, is in ef-
fect prior to the beginning of that fiscal
year.
‘‘(H) DEFINITIONS.—In this paragraph:
‘‘(i) LANE
MILES
ON
FEDERAL-AID
HIGHWAYS.—The term ‘lane miles on Fed-
eral-aid highways’ shall have the meaning
used by the Secretary in developing High-
way Statistics Table HM–60.
‘‘(ii) STATE.—The term ‘State’ means
each of the 50 States and the District of
Columbia.
‘‘(iii) VEHICLE MILES TRAVELED ON
FEDERAL-AID HIGHWAYS.—The term ‘vehi-
cle miles traveled on Federal-aid highways’
shall have the meaning used by the Sec-
retary in developing Highway Statistics
Table VM–2.’’;
(4) in paragraph (5)—
(A) in subparagraph (A), by striking ‘‘(A)
Except as provided in subparagraph (B)—’’;
and
(B) by striking subparagraph (B); and
(5) by striking paragraph (6).
(b) POPULATION DETERMINATIONS.—Section 104 of
title 23, United States Code, is amended by adding at the
end the following:
‘‘(k) POPULATION DETERMINATIONS.—For the pur-
poses of subsection (b)(3) and section 157, population
shall be determined on the basis of the most recent esti-
mates prepared by the Secretary of Commerce.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 104(b) of title 23, United States
Code, is amended in the matter preceding paragraph
(1) by striking ‘‘paragraph (5)(A) of this sub-
section’’ and inserting ‘‘paragraph (5)’’.
(2) Section 137(f)(1) of title 23, United States
Code, is amended by striking ‘‘section 104(b)(5)(B)
of this title’’ and inserting ‘‘section 104(b)(1)’’.
(3) Section 139 of title 23, United States Code,
is amended by striking ‘‘sections 104(b)(1) and
104(b)(5)(B) of this title’’ each place it appears and
inserting ‘‘section 104(b)(1)’’.
(4) Section 142(c) of title 23, United States
Code, is amended by striking ‘‘section 104(b)(5)(A)’’
and inserting ‘‘section 104(b)(5)’’.
(5) Section 159(b) of title 23, United States
Code, is amended—
(A) in paragraph (1)(A)—
(i) in clause (i), by striking ‘‘section
104(b)(5)(A)’’ 
and 
inserting 
‘‘section
104(b)(5)(A) (as in effect on the day be-
fore the date of enactment of the Surface
Transportation Authorization and Regu-
latory Streamlining Act)’’; and
(ii) in clause (ii), by striking ‘‘section
104(b)(5)(B)’’ 
and 
inserting 
‘‘section
104(b)(5)(B) (as in effect on the day be-
fore the date of enactment of the Surface
Transportation Authorization and Regu-
latory Streamlining Act)’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘section 104(b)(5)(A)’’ and inserting ‘‘sec-
tion 104(b)(5)(A) (as in effect on the day
before the date of enactment of the Sur-
face Transportation Authorization and
Regulatory Streamlining Act)’’;
(ii) in subparagraph (B), by striking
‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in ef-
fect on the day before the date of enact-
ment of the Surface Transportation Au-
thorization and Regulatory Streamlining
Act)’’; and
(iii) in the last sentence, by striking
‘‘section 104(b)(5)’’ and inserting ‘‘section
104(b)(5) (as in effect on the day before
the date of enactment of the Surface
Transportation Authorization and Regu-
latory Streamlining Act)’’; and
(C) in paragraph (4), by striking ‘‘section
104(b)(5)’’ and inserting ‘‘section 104(b)(5) (as
in effect on the day before the date of enact-
ment of the Surface Transportation Authoriza-
tion and Regulatory Streamlining Act)’’.
(6) Section 161(a) of title 23, United States
Code, is amended by striking ‘‘paragraphs (1), (3),
and (5)(B) of section 104(b)’’ each place it appears
and inserting ‘‘paragraphs (1) and (3) of section
104(b)’’.
(7) Section 1009 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C.
119 note; 105 Stat. 1933) is amended by striking
subsection (c).
SEC. 104. APPORTIONMENT ADJUSTMENT PROGRAM.
(a) IN GENERAL.—Section 157 of title 23, United
States Code, is amended to read as follows:
‘‘§ 157. Apportionment adjustment program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) LOW-DENSITY STATE.—The term ‘low-den-
sity State’ means a State that is listed in the table
in paragraph (4) and that has an average population
density of 20 individuals or fewer per square mile.
‘‘(2) SMALL
STATE.—The term ‘small State’
means a State that is listed in the table in para-
graph (4) and that has a population of 1,500,000 in-
dividuals or fewer and a land area of 10,000 square
miles or less.
‘‘(3) STATE.—The term ‘State’ means each of
the 50 States and the District of Columbia.
‘‘(4) STATED PERCENTAGE.—The term ‘stated
percentage’, with respect to a State, means the per-
centage listed for the State in the following table:
‘‘State
Percentage
Alaska ...............................................................................
1.25
Delaware ...........................................................................
0.40
Hawaii ..............................................................................
0.55
Idaho ................................................................................
0.70
‘‘State
Percentage
Montana ...........................................................................
0.95
Nevada .............................................................................
0.67
New Hampshire ................................................................
0.48
New Mexico ......................................................................
1.05
North Dakota ...................................................................
0.63
Rhode Island ....................................................................
0.55
South Dakota ...................................................................
0.70
Vermont ............................................................................
0.43
Wyoming ..........................................................................
0.66.
‘‘(b) PROGRAM.—On October 1 (or as soon as pos-
sible thereafter) of each fiscal year beginning after Sep-
tember 30, 1997, the Secretary shall apportion among the
States, in addition to amounts apportioned under para-
graphs (1) and (3) of section 104(b), and section
104(f)(2), the amounts required by this section.
‘‘(c) ADDITIONAL APPORTIONMENTS AND SEQUENCE
OF CALCULATING ADDITIONAL APPORTIONMENTS.—
‘‘(1) FIRST CALCULATION.—The Secretary shall
apportion $95,000,000 to the Commonwealth of
Puerto Rico.
‘‘(2) SECOND
CALCULATION.—For each low-
density State and each small State, the Secretary
shall calculate the total amount obtained by mul-
tiplying the stated percentage for the State by the
total amount of funds apportioned to all States
under paragraphs (1) and (3) of section 104(b) and
section 104(f)(2) plus the amount apportioned under
paragraph (1). For any low-density or small State
that received, under paragraphs (1) and (3) of sec-
tion 104(b) and section 104(f)(2) combined, appor-
tionments less than the amount for the State deter-
mined pursuant to the first sentence of this para-
graph, the Secretary shall apportion to the State
such additional amount as is required to make up
that difference.
‘‘(3) THIRD CALCULATION.—In addition to any
amount required to be apportioned by paragraph (2)
for a fiscal year, the Secretary shall make additional
apportionments so that no State receives an amount
that is less than the amount determined by multiply-
ing (A) the percentage that is 95 percent of the per-
centage of estimated tax payments attributable to
highway users in the State paid into the Highway
Trust Fund (other than the Mass Transit Account)
in the latest fiscal year for which data are available
by (B) the total amount of funds apportioned to all
States immediately after the Secretary has made any
additional apportionments required by paragraph
(2).
‘‘(4) FOURTH
CALCULATION.—The Secretary
shall determine for each State the percentage appor-
tioned to that State of the total amount of funds ap-
portioned to all States under paragraphs (1) and (3)
of section 104(b). The Secretary shall calculate, for
each State, the total amount obtained by multiplying
(A) the percentage for that State under the first
sentence of this paragraph by (B) the total amount
of funds apportioned to all States after the appor-
tionment made by paragraph (3). If the amount for
a State under the calculation made under the pre-
ceding sentence, minus the total amount apportioned
to that State after the apportionments made by
paragraph (3), is greater than zero, the Secretary
shall make an additional apportionment, equal to
that amount, to that State.
‘‘(5) FIFTH CALCULATION.—For each low-den-
sity State and each small State, the Secretary shall
calculate the total amount obtained by multiplying
the stated percentage for the State by the total
amount of funds apportioned to all States after the
apportionment made by paragraph (4). For any low-
density or small State that receives, after the appor-
tionment made by paragraph (4), total apportion-
ments less than the amount for the State deter-
mined pursuant to the first sentence of this para-
graph, the Secretary shall apportion to the State
such additional amount as is required to make up
that difference.
‘‘(d) TERMS
AND CONDITIONS.—Amounts appor-
tioned in accordance with subsection (c), and amounts au-
thorized to be appropriated under section 101(4) of the
Surface Transportation Authorization and Regulatory
Streamlining Act—
‘‘(1) shall be available for obligation, when allo-
cated, for the year authorized and the 3 following
fiscal years;
‘‘(2) shall be subject to this title; and
‘‘(3) may be obligated for National Highway
System projects under section 103, surface transpor-
tation program projects under section 133, or any
other purpose authorized under this title.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Account) to
carry out this section such sums as are necessary for fiscal
year 1998 and each fiscal year thereafter.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 157 and inserting the
following:
‘‘157. Apportionment adjustment program.’’.
(c) REPEAL OF CERTAIN APPORTIONMENT ADJUST-
MENT PROGRAMS.—
(1) REIMBURSEMENT FOR SEGMENTS OF THE
INTERSTATE SYSTEM CONSTRUCTED WITHOUT FED-
ERAL ASSISTANCE.—
(A) IN GENERAL.—Section 160 of title 23,
United States Code, is repealed.
(B) 
CONFORMING
AMENDMENT.—The
analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating
to section 160.
(2) DONOR STATE BONUS AMOUNTS.—Section
1013 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 157 note; 105 Stat.
1940) is amended by striking subsection (c).
(3) HOLD HARMLESS APPORTIONMENT ADJUST-
MENT.—Section 1015 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C.
104 note; 105 Stat. 1943) is amended by striking
subsection (a).
(4) 90 PERCENT OF PAYMENTS ADJUSTMENT.—
Section 1015 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 104 note;
105 Stat. 1944) is amended by striking subsection
(b).
SEC. 105. PROGRAM ADMINISTRATION, RESEARCH, AND
PLANNING FUNDS.
(a) PROGRAM ADMINISTRATION.—Section 104 of
title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘an apportionment is
made of the sums authorized to be appro-
priated for expenditure on the surface
transportation program, the congestion
mitigation and air quality improvement
program, the National Highway System,
and the Interstate System’’ and inserting
‘‘apportionments are made pursuant to
this section and section 157’’; and
(ii) by striking ‘‘not to exceed 33⁄4 per
centum of all sums so authorized’’ and in-
serting ‘‘not to exceed 2 percent of the
total of the apportionments’’;
(B) by inserting after the first sentence
the following: ‘‘For the purpose of calculating
apportionments referred to in the preceding
sentence, the deductions made under this sub-
section shall be made only after the completion
of all other aspects of calculating the apportion-
ments and from amounts calculated without
taking into account the deductions.’’; and
(C) in the third sentence (after the amend-
ment made by subparagraph (B)), by striking
‘‘such determination’’ and inserting ‘‘the deter-
mination described in the first sentence’’; and
(2) in the matter preceding paragraph (1) of
subsection (b), by striking ‘‘, after making the de-
duction’’ and all that follows through the colon and
inserting ‘‘shall make apportionments for the fiscal
year in the following manner:’’.
(b) METROPOLITAN PLANNING.—Section 104(f) of
title 23, United States Code, is amended by striking
‘‘(f)(1)’’ and all that follows through the end of paragraph
(1) and inserting the following:
‘‘(f) METROPOLITAN PLANNING.—
‘‘(1) SET ASIDE.—On October 1 of each fiscal
year, the Secretary shall set aside to carry out sec-
tion 134 not to exceed 1 percent of the funds au-
thorized to be appropriated for the National High-
way System under section 103 and the surface
transportation program under section 133.’’.
(c) RESEARCH AND PLANNING.—Section 307 of title
23, United States Code, is amended—
(1) by redesignating subsections (g) and (h) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (f) the follow-
ing:
‘‘(g) FREEZE-THAW RESEARCH.—Not later than 90
days after the date of enactment of the Surface Transpor-
tation Authorization and Regulatory Streamlining Act, the
Secretary shall undertake an enhanced level of research
to determine means of reducing the long-term and short-
term costs of constructing and maintaining asphalt pave-
ment in areas with severe or frequent freeze-thaw cycles.
‘‘(h) CONSIDERATION OF RURAL ISSUES IN TRANS-
PORTATION RESEARCH, INTELLIGENT TRANSPORTATION
SYSTEMS, AND TECHNOLOGY PROGRAMS.—In selecting
topics for research, allocating funds among contractors
and State and local governments for research, and re-
searching, developing, testing, and promoting intelligent
transportation systems and other technological applica-
tions, the Secretary shall give careful consideration to the
national interest in—
‘‘(1) understanding transportation issues that
affect rural areas;
‘‘(2) developing a scientific and technological in-
frastructure in rural areas; and
‘‘(3) permitting rural as well as metropolitan
areas to benefit from the deployment of modern
transportation technology.’’.
SEC. 106. RECREATIONAL TRAILS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
the recreational trails program under part B of title I of
the Intermodal Surface Transportation Efficiency Act of
1991 (16 U.S.C. 1261 et seq.) $30,000,000 for each of
fiscal years 1998 through 2003.
(b) APPORTIONMENT FORMULA.—
(1) ADMINISTRATIVE COSTS.—Whenever an ap-
portionment is made of the sums authorized to be
appropriated to carry out section 1302 of the Inter-
modal Surface Transportation Efficiency Act of
1991 (16 U.S.C. 1261), 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 under the recreational
trails program and for administration of the Na-
tional Recreational Trails Advisory Committee. The
Secretary may enter into contracts, partnerships, or
cooperative agreements with other government agen-
cies, institutions of higher learning, or nonprofit or-
ganizations, and may enter into contracts with for-
profit organizations, to carry out the administration
and research described in the preceding sentence.
(B) Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et
seq.).
(C) The Public Works Employment Act of
1976 (42 U.S.C. 6701 et seq.).
(D) The Delaware and Lehigh Navigation
Canal National Heritage Corridor Act of 1988
(16 U.S.C. 461 note; 102 Stat. 4552).
(E) The Job Training Partnership Act (29
U.S.C. 1501 et seq.).
(F) The National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.).
(G) The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public
Law 104–193).
(4) PROGRAMMATIC NON-FEDERAL SHARE.—A
State may allow adjustments of the non-Federal
share of individual projects if the total Federal share
payable for all projects within the State under this
program for a Federal fiscal year’s apportionment
does not exceed 80 percent. A project funded under
paragraph (2) or (3) may not be included in the cal-
culation of the programmatic non-Federal share.
(5) STATE ADMINISTRATIVE COSTS.—The Fed-
eral share payable on account of the administrative
costs of a State, incurred in administering this pro-
gram and carrying out statewide trail planning, shall
be determined in accordance with section 120(b) of
title 23, United States Code.
SEC. 107. RULES FOR ANY LIMITATIONS ON OBLIGATIONS.
(a) NONE ESTABLISHED.—Nothing in this Act estab-
lishes a limitation on the total of all obligations for any
fiscal year for Federal-aid highways and highway safety
construction programs.
(b) RULES FOR OBLIGATION AUTHORITY LIMITS.—
Chapter 1 of title 23, United States Code (as amended
by section 102(a)), is amended by adding at the end the
following:
‘‘§ 163. Rules for any limitations on obligations
‘‘(a) IN GENERAL.—Any provision of a statute en-
acted before or after the date of enactment of this section
that establishes a limitation on obligations for Federal-aid
highways and highway safety construction programs for
fiscal year 1998, or any fiscal year thereafter, shall be in
accordance with this section (as in effect on the date of
enactment of this section) or stated as an amendment to
this section.
‘‘(b) PROHIBITION ON CERTAIN LIMITATIONS.—Obli-
gations under section 125, for Federal lands highway in-
vestments, and for recreational trails under part B of title
I of the Intermodal Surface Transportation Efficiency Act
of 1991 (16 U.S.C. 1261 et seq.), shall not be subject to
any limitation on obligation authority.
‘‘(c) DISTRIBUTION OF OBLIGATION LIMITATIONS.—
‘‘(1) IN GENERAL.—If, with respect to fiscal
year 1998 or any fiscal year thereafter, a provision
of a statute establishes a limitation on obligations
for Federal-aid highways and highway safety con-
struction programs, paragraphs (2) through (4)
shall apply.
‘‘(2) DISTRIBUTION
FORMULA.—For a fiscal
year, any limitation described in paragraph (1) shall
be distributed among the States by allocation in the
ratio that—
‘‘(A) the total of the amounts apportioned
to each State under sections 104, 157, and 162
for the fiscal year; bears to
‘‘(B) the total of the amounts apportioned
to all States under those sections for the fiscal
year.
‘‘(3) REDISTRIBUTION OF UNUSED OBLIGATION
AUTHORITY.—
‘‘(A) IN GENERAL.—Notwithstanding any
limitation described in paragraph (1), for each
fiscal year, the Secretary—
‘‘(i) shall provide each State with au-
thority sufficient to prevent lapses of sums
authorized to be appropriated for Federal-
aid highways and highway safety construc-
tion programs that have been apportioned
or allocated to the State, except in those
cases in which the State indicates its inten-
tion to lapse sums apportioned to the
State;
‘‘(ii) after August 1 of the fiscal
year—
‘‘(I) shall revise a distribution of
the funds made available under the
limitation described in paragraph (1)
for the fiscal year if a State will not
obligate the amount distributed dur-
ing the fiscal year; and
‘‘(II) shall redistribute sufficient
amounts to States able to obligate
amounts in addition to the amounts
previously distributed for the fiscal
year, giving priority to those States
that have unobligated balances of
funds apportioned that are relatively
large when compared to the amount
of funds apportioned to those States
under sections 104 and 157 for the
fiscal year; and
‘‘(iii) shall not distribute amounts au-
thorized for administrative expenses.
‘‘(B) STATE
INFRASTRUCTURE
BANKS.—
For the purposes of subparagraph (A)(ii), funds
made available and placed in a State infrastruc-
ture bank approved by the Secretary but not
obligated out of the bank shall be considered to
be not obligated.
‘‘(4) ADDITIONAL OBLIGATION AUTHORITY.—
‘‘(A) IN GENERAL.—Subject to paragraph
(3), a State that after August 1 and on or be-
fore September 30 of a fiscal year obligates the
amount distributed to the State for the fiscal
year under paragraph (2) may obligate for Fed-
eral-aid highways and highway safety construc-
tion programs on or before September 30 of the
fiscal year an additional amount not to exceed
5 percent of the aggregate amount of funds ap-
portioned or allocated to the State under sec-
tions 104 and 157 that are not obligated on the
date on which the State completes obligation of
the amount so distributed.
‘‘(B) LIMITATION ON ADDITIONAL OBLIGA-
TION AUTHORITY.—During the period August 2
through September 30 of each fiscal year, the
aggregate amount that may be obligated by all
States under subparagraph (A) shall not exceed
2.5 percent of the aggregate amount of funds
apportioned or allocated to all States under sec-
tions 104 and 157 that would not be obligated
in the fiscal year if the total amount of obliga-
tion authority provided for the fiscal year were
used.
‘‘(C) LIMITATION ON APPLICABILITY.—In
the case of a fiscal year, subparagraph (A) shall
not apply to any State that on or after August
1 of the fiscal year has the amount distributed
to the State under a limitation for the fiscal
year reduced under paragraph (3).
‘‘(d) MAINTENANCE OF OVERALL PROGRAM BAL-
ANCE.—If a limitation on obligations is established for a
fiscal year—
‘‘(1) the Secretary shall determine the percent-
age by which the limitation reduces the amount of
funds that otherwise would be available for obliga-
tion by each State; and
‘‘(2) notwithstanding sections 133, 144, and
149, for the fiscal year, the amounts that are re-
quired to be made available for use in the State
under paragraphs (1) and (2) of section 133(d), the
amounts that the State is required to reserve under
section 144, and the amounts subject to section 149,
shall be reduced by the percentage determined by
the Secretary under paragraph (1).’’.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code (as amended by
section 102(b)), is amended by adding at the end the fol-
lowing:
‘‘163. Rules for limitations on obligation authority.’’.
TITLE II—PROGRAM
STREAMLINING
SEC. 201. PLANNING-BASED EXPENDITURES ON ELEMENTS
OF TRANSPORTATION INFRASTRUCTURE.
(a) BRIDGE EXPENDITURES.—
(1) IN
GENERAL.—Section 144 of title 23,
United States Code, is amended—
(A) by striking subsections (a) and (b) and
inserting the following:
‘‘(a) CERTIFICATION BY THE STATE.—Not later than
180 days after the end of each fiscal year beginning with
fiscal year 1998, each State shall certify to the Secretary,
either that—
‘‘(1) the State has reserved, from funds appor-
tioned to the State for the preceding fiscal year, to
carry out bridge projects eligible under section
133(b), an amount that is not less than the amount
apportioned to the State under this section for fiscal
year 1997; or
‘‘(2) the amount that the State will reserve,
from funds apportioned to the State for the period
consisting of fiscal years 1998 through 2003, to
carry out bridge projects eligible under section
133(b), will be not less than 6 times the amount ap-
portioned to the State under this section for fiscal
year 1997.
‘‘(b) SET-ASIDES.—
‘‘(1) DISCRETIONARY BRIDGE PROGRAM.—
‘‘(A) IN GENERAL.—On October 1 of each
fiscal year beginning with fiscal year 1998, be-
fore making any apportionment under para-
graph (1) or (3) of section 104(b), the Sec-
retary shall set aside—
‘‘(i) $36,300,000 from the amount
available for apportionments under section
104(b)(1); and
‘‘(ii) $24,200,000 from the amount
available for apportionments under section
104(b)(3).
‘‘(B) USE OF SET ASIDE.—The amounts
set aside under subparagraph (A) shall be avail-
able for obligation in the same manner and to
the same extent as sums apportioned under sec-
tion 104(b)(3), except that the amounts shall be
obligated at the discretion of the Secretary, in
accordance with procedures to be established by
the Secretary, for bridge projects eligible under
section 133(b).’’;
(B) by striking subsections (c) through (f)
and (h) through (p);
(C) by redesignating paragraphs (3) and
(4) of subsection (g) as paragraphs (2) and (3),
respectively, of subsection (b);
(D) by striking subsection (g);
(E) in subsection (q), by striking ‘‘(q) As
used in’’ and inserting ‘‘(c) DEFINITION OF RE-
HABILITATE.—In’’; and
(F) in subsection (b) (as amended by sub-
paragraph (C))—
(i) in paragraph (2), by striking ‘‘ap-
portioned to each State in each of fiscal
years 1987, 1988, 1989, 1990, 1991,
1992, 1993, 1994, 1995, 1996, and
1997,’’ and inserting ‘‘reserved by each
State under subsection (a) for each of fis-
cal years 1998 through 2003’’; and
(ii) in paragraph (3)—
(I) in the first sentence, by strik-
ing ‘‘apportioned to’’ and inserting
‘‘reserved under subsection (a) by’’;
and
(II) in the second sentence, by
striking ‘‘a State bridge apportion-
ment and before transferring funds to
the 
States,’’ 
and 
inserting 
‘‘the
amount to be reserved under sub-
section (a) for a fiscal year by a State
described in the preceding sentence,’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 104(g) of title 23, United
States Code, is amended—
(i) in the first sentence—
(I) by striking ‘‘apportioned’’ and
inserting ‘‘reserved’’;
(II) by striking ‘‘to each State in
accordance with’’ and inserting ‘‘by
each State for the purposes of’’; and
(III) 
by 
striking 
‘‘apportion-
ment’’ each place it appears and in-
serting ‘‘amount reserved’’;
(ii) in the second sentence, by striking
‘‘apportionment’’ each place it appears and
inserting ‘‘amount reserved’’; and
(iii) in the third sentence, by striking
‘‘State’s apportionment’’ and inserting
‘‘amount reserved by the State’’.
(B) Section 115(c) of title 23, United
States Code, is amended by striking ‘‘144,,’’.
(C) Section 120(e) of title 23, United
States Code, is amended in the last sentence by
striking ‘‘and in section 144 of this title’’.
(D) Section 140(b) of title 23, United
States Code, is amended in the last sentence by
striking ‘‘and the bridge program under section
144’’.
(E) Section 151(d) of title 23, United
States Code, is amended by striking ‘‘section
104(a), section 307(a), and section 144 of this
title’’ and inserting ‘‘sections 104(a) and
307(a)’’.
(F) Section 307(c)(1) of title 23, United
States Code, is amended by striking ‘‘sections
104 and 144 of this title’’ and inserting ‘‘sec-
tion 104’’.
(b) SAFETY PROGRAMS.—
(1) SURFACE
TRANSPORTATION
PROGRAM.—
Section 133(d) of title 23, United States Code, is
amended by striking paragraph (1) and inserting the
following:
‘‘(1) SAFETY PROGRAMS.—
‘‘(A) REQUIRED SET-ASIDE.—With respect
to funds apportioned for each of fiscal years
1998 through 2003—
‘‘(i) an amount equal to 2.5 percent of
the amount apportioned to a State under
section 104(b)(3) for fiscal year 1997 shall
be available only to carry out activities eli-
gible under section 130;
‘‘(ii) an amount equal to the amount
described in clause (i) shall be available
only to carry out activities eligible under
section 152; and
‘‘(iii) an amount equal to 5 percent of
the amount apportioned to a State under
section 104(b)(3) for fiscal year 1997 shall
be available only to carry out activities eli-
gible under section 130 or 152.
‘‘(B) WAIVER.—For a fiscal year, the Sec-
retary shall waive the set-aside required under
clause (i) or (ii) of subparagraph (A), and per-
mit the amount of the set-aside to be used in
accordance with subparagraph (A)(iii), upon re-
ceipt of a certification by the State that the
amount that will be made available for the pur-
pose of the waived set-aside for that fiscal year,
when combined with the amount made available
for that purpose for the preceding fiscal year,
or the amount to be made available for that
purpose for the following fiscal year, will aver-
age, per fiscal year, not less than 2.5 percent
of the amount apportioned to the State under
section 104(b)(3) for fiscal year 1997.’’.
(2) PROGRAM IMPROVEMENTS.—Title 23, Unit-
ed States Code, is amended—
(A) in section 130—
(i) in subsection (e), by striking the
first sentence and inserting the following:
‘‘Funds authorized for or expended under
this section may be used for the installa-
tion of protective devices at railway-high-
way crossings.’’; and
(ii) in subsection (f), by striking ‘‘AP-
PORTIONMENT’’ 
and 
all 
that 
follows
through the first sentence and inserting
‘‘FEDERAL SHARE.—’’; and
(B) in section 152—
(i) in subsection (c), by striking
‘‘(other than a highway on the Interstate
System)’’; and
(ii) in subsection (e), by striking the
first sentence.
(c) TRANSPORTATION ENHANCEMENT ACTIVITIES.—
Section 133(d) of title 23, United States Code, is amended
by striking paragraph (2) and inserting the following:
‘‘(2) TRANSPORTATION ENHANCEMENT ACTIVI-
TIES.—With respect to funds apportioned for each
of fiscal years 1998 through 2003, an amount equal
to 5 percent of the amount apportioned to a State
under section 104(b)(3) shall be available only to
carry out transportation enhancement activities.’’.
(d) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT ACTIVITIES.—
(1) IN
GENERAL.—Section 149 of title 23,
United States Code, is amended—
(A) in the section heading, by striking
‘‘program’’ and inserting ‘‘activities’’;
(B) by striking subsection (a) and insert-
ing the following:
‘‘(a) USE OF FUNDS.—Funds apportioned to a State
under section 104(b)(3)(D) may be used only in accord-
ance with this section.’’;
(C) in subsection (b), by striking ‘‘Except’’
and all that follows through ‘‘program only’’
and inserting ‘‘Funds described in subsection
(a) may be used only’’; and
(D) in subsection (c), by striking ‘‘section
104(b)(2)’’ 
and 
inserting 
‘‘section
104(b)(3)(D)’’.
(2) CONFORMING AMENDMENTS.—
(A) The analysis for chapter 1 of title 23,
United States Code, is amended by striking the
item relating to section 149 and inserting the
following:
‘‘149. Congestion mitigation and air quality improvement activities.’’.
(B) Section 115(a) of title 23, United
States Code, is amended—
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and since decisions by the Secretary concerning plans and
programs described in this section have not been reviewed
under that Act as of January 1, 1997, any decision by
the Secretary concerning a plan or program described in
this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).’’.
SEC. 303. METRIC CONVERSION AT STATE OPTION.
Section 205(c)(2) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note; 109 Stat.
577) is amended by striking ‘‘Before September 30, 2000,
the’’ and inserting ‘‘The’’.
TITLE IV—EFFECTIVE DATE;
TRANSITION RULES
SEC. 401. EFFECTIVE DATE; TRANSITION RULES.
(a) IN GENERAL.—Except as otherwise provided in
this Act, this Act and the amendments made by this Act
take effect on the date of enactment of this Act.
(b) FUNDS.—Except as otherwise provided in this
Act, this Act and the amendments made by this Act shall
apply only to funds authorized to be appropriated or made
available after September 30, 1997.
(c) UNOBLIGATED BALANCES.—Section 118 of title
23, United States Code (as amended by section 205(b)),
is amended by adding at the end the following:
‘‘(f) UNOBLIGATED BALANCES AS OF OCTOBER 1,
1997.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by law, unobligated balances of funds appor-
tioned or allocated to a State before October 1,
1997, under this title, the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law
102–240), or other law concerning Federal-aid high-
ways, shall be available for obligation in the State
under the law (including regulations, policies, and
procedures) relating to the obligation and expendi-
ture of the funds in effect on September 30, 1997.
‘‘(2) TRANSFERABILITY.—
‘‘(A) INTERSTATE
CONSTRUCTION
AND
INTERSTATE
MAINTENANCE
PROGRAMS.—A
State may transfer unobligated balances of
funds apportioned to the State before October
1, 1997, for the Interstate construction pro-
gram under section 104(b)(5)(A) (as in effect
on the day before the date of enactment of this
subsection) or the Interstate maintenance pro-
gram under section 104(b)(5)(B) (as in effect