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105TH CONGRESS
1ST SESSION
H. R. 1268
To continue the successful Federal role in developing a national intermodal
surface transportation system, through programs that ensure the safe
and efficient movement of people and goods, improve economic productiv-
ity, preserve the environment, and strengthen partnerships among all
levels of the government and the private sector, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL) (all
by request) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To continue the successful Federal role in developing a na-
tional intermodal surface transportation system, through
programs that ensure the safe and efficient movement
of people and goods, improve economic productivity, pre-
serve the environment, and strengthen partnerships
among all levels of the government and the private sec-
tor, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; SECRETARY DEFINED; TABLE OF
CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Economic Crossroads Transportation Efficiency
Act of 1997’’.
(b) SECRETARY DEFINED.—As used in this Act, the
term ‘‘Secretary’’ means the Secretary of Transportation.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; Secretary defined; table of contents.
TITLE I—SURFACE TRANSPORTATION
Sec. 1001. Short title; authorization of appropriations.
Sec. 1002. Definitions.
Sec. 1003. National Highway System.
Sec. 1004. Apportionments.
Sec. 1005. State percentage guarantee.
Sec. 1006. Project approval and oversight.
Sec. 1007. Real property acquisition and corridor preservation.
Sec. 1008. Proceeds from sale or lease of real property.
Sec. 1009. Interstate Maintenance Program.
Sec. 1010. Maintenance.
Sec. 1011. Interstate 4R Discretionary Program.
Sec. 1012. Emergency relief.
Sec. 1013. Toll roads, bridges, tunnels and ferries.
Sec. 1014. Surface Transportation Program.
Sec. 1015. Metropolitan planning.
Sec. 1016. Statewide planning.
Sec. 1017. Research, training, and employment opportunities.
Sec. 1018. Disadvantaged business enterprises.
Sec. 1019. Highway Bridge Replacement and Rehabilitation Program.
Sec. 1020. Congestion mitigation and Air Quality Improvement Program.
Sec. 1021. Interstate reimbursement.
Sec. 1022. State Infrastructure Bank Program.
Sec. 1023. National Scenic Byways Program.
Sec. 1024. Infrastructure Safety Program.
Sec. 1025. Fiscal and administrative amendments.
Sec. 1026. Federal Lands Highways Program.
Sec. 1027. Bicycle transportation and pedestrian walkways.
Sec. 1028. Recreational Trails Program.
Sec. 1029. International Highway Transportation Outreach Program.
Sec. 1030. Trade corridor and border crossing planning; Border Gateway Pilot
Program.
Sec. 1031. Appalachian Development Highway System.
Sec. 1032. Value Pricing Pilot Program.
Sec. 1033. Highway use tax evasion projects.
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Sec. 1034. Public notice of railbanking.
TITLE II—HIGHWAY SAFETY
Sec. 2001. Short title.
Sec. 2002. Highway safety programs.
Sec. 2003. National driver register.
Sec. 2004. Authorizations of appropriations.
TITLE III—FEDERAL MASS TRANSPORTATION AMENDMENTS OF
1997
Sec. 3001. Short title.
Sec. 3002. Amendment to Federal transit laws.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Metropolitan Transportation Improvement Program.
Sec. 3006. Transportation management areas.
Sec. 3007. Statewide planning.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Loans.
Sec. 3010. Major capital investments.
Sec. 3011. Formula grants for special needs of elderly individuals and individ-
uals with disabilities.
Sec. 3012. Formula programs for other than urbanized areas.
Sec. 3013. National research programs.
Sec. 3014. Transit Cooperative Research Program.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National Transit Institute.
Sec. 3017. University research institutes.
Sec. 3018. Transportation centers.
Sec. 3019. Bus testing facility.
Sec. 3020. Advance construction authority.
Sec. 3021. Access to jobs and training.
Sec. 3022. Crime prevention and security.
Sec. 3023. General provisions on assistance.
Sec. 3024. Acquisition of real property owned by the Government.
Sec. 3025. Contract requirements.
Sec. 3026. Special procurements.
Sec. 3027. Oversight.
Sec. 3028. Government’s share of costs.
Sec. 3029. Investigation of safety hazards.
Sec. 3030. Nondiscrimination.
Sec. 3031. Labor standards.
Sec. 3032. Administrative.
Sec. 3033. Reports and audits.
Sec. 3034. Apportionment of formula grants.
Sec. 3035. Apportionment of appropriations for fixed guideway modernization.
Sec. 3036. Authorizations.
Sec. 3037. Washington Metropolitan Area Transit Authority.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 4001. State grants and other commercial motor vehicle programs.
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TITLE V—INFRASTRUCTURE CREDIT ENHANCEMENT
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Definitions.
Sec. 5004. Determination of eligibility and project selection.
Sec. 5005. Revenue stabilization funds.
Sec. 5006. Rules and regulations.
Sec. 5007. Authorization of appropriations.
TITLE VI—RESEARCH
Part A—Programs and Activities
Sec. 6001. Transportation research and development.
Sec. 6002. Bureau of Transportation statistics.
Sec. 6003. Research and technology program.
Sec. 6004. National technology deployment initiatives.
Sec. 6005. Professional capacity building and technology partnerships.
Sec. 6006. Long-term pavement performance and advanced research.
Sec. 6007. State planning and research program.
Sec. 6008. Use of Bureau of Indian Affairs’ administrative funds.
Part B—Intelligent Transportation Systems Act of 1997
Sec. 6051. Short title and preamble.
Sec. 6052. Definitions; conforming amendment.
Sec. 6053. Scope of program.
Sec. 6054. General authorities and requirements.
Sec. 6055. National ITS Program plan, implementation, and report to Con-
gress.
Sec. 6056. Technical, training, planning, research and operational testing
project assistance.
Sec. 6057. Applications of technology.
Sec. 6058. Funding.
TITLE VII—REVENUE
Sec. 7001. Short title; amendment of 1986 Code.
Sec. 7002. Extension of highway-related taxes and trust fund.
Sec. 7003. Commuter benefit.
Sec. 7004. Mass transit account.
Sec. 7005. Motor vehicle safety and cost savings programs.
Sec. 7006. General fund transfers for transportation-related program expendi-
tures in fiscal years 1998–2003.
TITLE VIII—RAIL PASSENGER PROGRAMS
Sec. 8001. Authorization of appropriations.
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TITLE I—SURFACE TRANSPORTATION
SEC. 1001. SHORT TITLE; AUTHORIZATION OF APPROPRIA-
TIONS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Surface Transportation Act of 1997’’.
(b) AUTHORIZATIONS FROM THE HIGHWAY TRUST
FUND.—For the purposes of carrying out the provisions
of title 23, United States Code, 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 $4,466,000,000 for fiscal
year 1998, $4,391,000,000 for fiscal year 1999,
$4,378,000,000 
for 
fiscal 
year 
2000, 
and
$4,405,000,000 for each of fiscal years 2001, 2002,
and 2003.
(2) INTERSTATE
MAINTENANCE
PROGRAM.—
For 
the 
Interstate 
maintenance 
program
$4,480,000,000 
for 
fiscal 
year 
1998,
$4,405,000,000 
for 
fiscal 
year 
1999,
$4,392,000,000 
for 
fiscal 
year 
2000, 
and
$4,419,000,000 for each of fiscal years 2001, 2002,
and 2003.
(3) SURFACE
TRANSPORTATION
PROGRAM.—
For 
the 
surface 
transportation 
program
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$5,874,000,000 
for 
fiscal 
year 
1998,
$5,785,000,000 
for 
fiscal 
year 
1999,
$5,723,000,000 
for 
fiscal 
year 
2000,
$5,728,000,000 
for 
fiscal 
year 
2001,
$5,684,000,000 
for 
fiscal 
year 
2002, 
and
$6,192,000,000 for fiscal year 2003.
(4) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program
$1,300,000,000 for each of fiscal years 1998, 1999,
2000, 2001, 2002, and 2003.
(5) BRIDGE
PROGRAM.—For the bridge pro-
gram 
$2,694,000,000 
for 
fiscal 
year 
1998,
$2,653,000,000 
for 
fiscal 
year 
1999,
$2,646,000,000 
for 
fiscal 
year 
2000, 
and
$2,661,000,000 for each of fiscal years 2001, 2002,
and 2003; provided that $17,000,000 of such sums
shall be available for each of fiscal years 1998,
1999, 2000, 2001, 2002, and 2003 to fund the al-
teration of bridges under the Truman-Hobbs Bridge
Act; provided further that the Secretary shall trans-
fer such sums, equivalent amounts of obligation au-
thority, and the responsibility for the administration
of such sums to the United States Coast Guard.
(6) FEDERAL LANDS HIGHWAYS PROGRAM.—
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(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads $200,000,000 for each
of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003.
(B) PARK
ROADS
AND
PARKWAYS.—For
park roads and parkways $161,000,000 for
each of fiscal years 1998, 1999, 2000, 2001,
2002, and 2003.
(C) PUBLIC LANDS HIGHWAYS.—For pub-
lic lands highways $50,000,000 for each of fis-
cal years 1998, 1999, 2000, 2001, 2002, and
2003.
(D) FOREST HIGHWAYS.—For forest high-
ways $114,000,000, for each of fiscal years
1998, 1999, 2000, 2001, 2002, and 2003.
(7) INFRASTRUCTURE SAFETY.—For the rail-
way-highway crossing program $165,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003; for the hazard elimination program
$335,000,000 for fiscal year 1998, $360,000,000 for
fiscal year 1999, $385,000,000 for fiscal year 2000,
$385,000,000 for fiscal year 2001, $385,000,000 for
fiscal year 2002, and $410,000,000 for fiscal year
2003.
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(8) INTEGRATED SAFETY FUND.—For the inte-
grated safety fund $50,000,000 for each of fiscal
years 1998, 1999, 2000, 2001, 2002, and 2003.
(9) RECREATIONAL TRAILS PROGRAM.—For the
recreational trails program $7,000,000 for each of
fiscal years 1998, 1999, 2000, 2001, 2002, and
2003.
(10) 
UNIVERSITY
TRANSPORTATION
CEN-
TERS.—For 
university 
transportation 
centers
$12,000,000 for each of fiscal years 1998, 1999,
2000, 2001, 2002, and 2003.
SEC. 1002. DEFINITIONS.
The undesignated paragraph of section 101(a) of title
23, United States Code, relating to operational improve-
ment, is revised to read as follows: ‘‘The term ‘operational
improvement’ means the installation, operation, or mainte-
nance, in accordance with the requirements of subsection
6054(h) of the National Economic Crossroads Transpor-
tation Efficiency Act of 1997, of public infrastructure to
support intelligent transportation systems. The term also
includes the installation or operation of traffic manage-
ment activities; communication systems; roadway weather
information and prediction systems; and other such im-
provements as the Secretary may designate that enhance
roadway safety and mobility during adverse weather.’’.
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SEC. 1003. NATIONAL HIGHWAY SYSTEM.
(a) PROJECT ELIGIBILITY.—Section 103 of title 23,
United States Code, is amended—
(1) in paragraph (i)(3)—
(A) by striking ‘‘System and’’ and insert-
ing ‘‘System,’’; and
(B) by inserting after ‘‘title 49’’ the follow-
ing: ‘‘, and capital improvements to National
Railroad Passenger Corporation or publicly
owned intercity passenger rail lines’’;
(2) in subparagraph (i)(3)(A) by striking ‘‘high-
way or transit’’ and inserting ‘‘highway, transit, or
rail’’;
(3) in paragraph (i)(13)—
(A) by inserting after ‘‘participation in’’
each place it appears ‘‘natural habitat and’;
(B) by inserting after ‘‘enhance and cre-
ate’’ the following: ‘‘natural habitats and’’; and
(C) by inserting before ‘‘wetlands conserva-
tion’’ the following ‘‘natural habitat and’’; and
(4) by adding at the end of subsection (i) the
following new paragraphs:
‘‘(14) Publicly owned intracity or intercity pas-
senger rail or bus terminals, including terminals of
the National Railroad Passenger Corporation, and
publicly owned intermodal surface freight transfer
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facilities, other than seaports and airports, where
such terminals and facilities are located at or adja-
cent to National Highway System routes or connec-
tions to the National Highway System selected in
accordance with subsection (b) of this section.
‘‘(15) Infrastructure-based Intelligent Trans-
portation Systems capital improvements.
‘‘(16) In the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, any project eligible for funding
under section 133 of this title, any airport, and any
seaport.’’; and
(5) by adding at the end the following new sub-
section:
‘‘(j) For the purposes of this section, the term ‘inter-
modal surface freight transfer facilities’ shall include any
access road, parking or staging area, ramp, loading or un-
loading area, rail yard, track, interest in land, publicly
owned rail access line to a seaport, and publicly owned
access road to a seaport, if they are used to effect the
transfer of freight.’’.
(b) PROPOSED NHS.—Section 103(b) of such title
is amended—
(1) in subparagraph (2)(B) by striking the last
four sentences;
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(2) in subparagraph (2)(C) by striking ‘‘and
shall be designated by the Secretary in consultation
with appropriate Federal agencies and the States
and be subject to approval by Congress in accord-
ance with paragraph (3)’’;
(3) in subparagraph (2)(D) by striking the last
sentence;
(4) by striking ‘‘(3) APPROVAL OF DESIGNA-
TIONS.—’’;
(5) by striking subparagraphs (3) (A), (B), and
(D) and paragraph (4);
(6) by redesignating subparagraph (3)(C) and
paragraphs (5), (6), (7), and (8) as paragraphs (3),
(4), (5), (6), and (7), respectively;
(7) in subparagraph (5)(A), as so redesignated,
by striking ‘‘paragraph (7)’’ and inserting ‘‘para-
graph (6)’’;
(8) in subparagraph (6)(B), as so redesignated,
by striking ‘‘Paragraph (6)(B)’’ and inserting ‘‘Sub-
paragraph (5)(B)’’;
(9) in subparagraph (6)(D), as so redesig-
nated—
(A) by striking ‘‘subparagraph (C)(i)’’ and
inserting ‘‘clause (C)(i)’’; and
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(B) by striking ‘‘paragraph (6)’’ and in-
serting ‘‘paragraph (5)’’;
(10) in paragraph (7), as so redesignated, by
striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(4)’’; and
(11) by adding at the end the following new
paragraph:
‘‘(8) APPROVAL
OF
INTERMODAL
CONNEC-
TORS.—The modifications to the National Highway
System that consist of connectors to major ports,
airports, international border crossings, public trans-
portation and transit facilities, interstate bus termi-
nals, and rail and other intermodal transportation
facilities, as submitted by the Secretary on the map
entitled ‘Pulling Together: The National Highway
System and its Connections to Major Intermodal
Terminals,’ and dated May 24, 1996, are hereby
designated within the United States, including the
District of Columbia and the Commonwealth of
Puerto Rico.’’.
SEC. 1004. APPORTIONMENTS.
(a) Section 104(a) of title 23, United States Code,
is amended by striking ‘‘and the Interstate System’’ and
inserting ‘‘interstate maintenance, bridge, infrastructure
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safety program, Interstate reimbursement, minimum allo-
cation, and the Federal Lands Highways Program’’.
(b) Section 104 of such title is amended by revising
subsection (b) and paragraphs (b) (1), (2), and (3) to read
as follows:
‘‘(b) On October 1 of each fiscal year, the Secretary,
after making the deduction authorized by subsection (a)
of this section and the set-asides authorized by subsection
(f) of this section and section 307 of this title, shall appor-
tion the remainder of the sums authorized to be appro-
priated for expenditure on the National Highway System,
the congestion mitigation and air quality improvement
program, the surface transportation program, and the
Interstate System for that fiscal year, among the several
States in the following manner:
‘‘(1) NATIONAL HIGHWAY SYSTEM.—
‘‘(A) For the National Highway System, 1
percent to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands, and the remaining 99 percent
to the States in the following manner: 75 per-
cent in the ratio that each State’s annual con-
tributions to the Highway Trust Fund (other
than the Mass Transit Account) bear to the
total of such annual contributions by all States;
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‘‘(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
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‘‘(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.
‘‘(B) If the area was also classified under
subpart 3 or 4 of part D of title I of such Act
as a nonattainment area described in subsection
149(b) of this title for carbon monoxide or par-
ticulate matter or both, the weighted nonattain-
ment area population of the area, as determined
under clauses (2)(A) (i) through (vi) of this
subsection, shall be further multiplied by a fac-
tor of 1.2. For an area that is a nonattainment
area for both carbon monoxide and for particu-
late matter and the area’s weighted population
was determined under clause (2)(A)(vii) of this
subsection, the area’s weighted population shall
be further multiplied by a factor of 1.2. For
such areas, the population to which this factor
is applied shall be the larger of the carbon mon-
oxide and the particulate matter nonattainment
area populations.
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‘‘(C) Notwithstanding any other provision
of this paragraph, each State shall receive a
minimum of one-half of 1 percent of the funds
apportioned under this paragraph. The Sec-
retary shall use annual estimates prepared by
the Secretary of Commerce when determining
population figures.
‘‘(D) The additional population in geo-
graphic areas newly designated as nonattain-
ment areas as a result of the promulgation of
new national ambient air quality standards and
meeting the conditions of paragraph 149(f)(2)
shall be multiplied by a factor of 1.0.
‘‘(E) HOLD HARMLESS FROM NEW NAAQS.
—Notwithstanding paragraph 149(b)(2) of this
title, no State that has submitted a State imple-
mentation plan for any nonattainment area
newly designated as a result of revisions to the
national ambient air quality standards shall re-
ceive a lower CMAQ apportionment. The Sec-
retary shall apportion to each State sufficient
sums to ensure that each State receives an
amount not less than the apportionment each
State would have received under this paragraph
had such standards not been revised. Such
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sums as may be necessary to carry out this sub-
paragraph, as determined by the Secretary,
shall be set aside from amounts authorized for
surface transportation program apportionments
under paragraph (b)(3) of this section before
such apportionments are made, and shall be
distributed at the time apportionments are
made under this paragraph.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) For the surface transportation pro-
gram, 70 percent in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Account)
bear to the total of such annual contributions
by all States; and 30 percent in the ratio that
each State’s total population bears to the total
population of all States, using the latest avail-
able annual updates to the Federal decennial
census, as prepared by the Secretary of Com-
merce.
‘‘(B) Notwithstanding any other provision
of this paragraph, each State shall receive a
minimum of one-half of 1 percent of the funds
apportioned under this paragraph.’’.
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(c) 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
Program under section 206 of this title, the Sec-
retary shall deduct an amount, not to exceed 3 per-
cent of the sums authorized, to cover the cost to the
Secretary for administration of and research under
the Recreational Trails Program and for administra-
tion of the Federal Recreational Trails Advisory
Committee. The Secretary may enter into contracts
with for-profit organizations or contracts, partner-
ships, or cooperative agreements with other govern-
ment agencies, institutions of higher learning, or
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:
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‘‘(A) Fifty percent of that amount shall be
apportioned equally among eligible States.
‘‘(B) Fifty 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.’’.
(d) WOODROW WILSON MEMORIAL BRIDGE.—Sec-
tion 104(i) of such title is amended—
(1) by revising paragraph (1) to read as follows:
‘‘(1) AUTHORIZATIONS.—There are authorized
to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) for the reha-
bilitation of the Woodrow Wilson Memorial Bridge
and for environmental studies and documentation,
planning, preliminary engineering and design, final
engineering, and construction of a new crossing of
the Potomac River as selected in accordance with
the Woodrow Wilson Memorial Bridge Authority Act
of 
1995 
$40,000,000 
for 
fiscal 
year 
1998,
$180,000,000 
for 
fiscal 
year 
1999, 
and
$180,000,000 for fiscal year 2000. Such funds shall
remain available until expended.’’; and
(2) by adding at the end the following new
paragraphs: