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that was later redesignated by the Adminis-
trator of the Environmental Protection Agency
as an attainment area under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) (a
‘maintenance’ area); or
‘‘(B) in any case in which such information is
not available, if the Secretary, after such consulta-
tion, determines that the project or program is part
of a program, method, or strategy described in sec-
tion 108(f)(1)(A).
‘‘(2) if the project or program is included in a
State implementation or maintenance plan that has
been approved pursuant to the Clean Air Act and
the project will have air quality benefits; or
‘‘(3) if the Secretary, after consultation with
the Administrator of the Environmental Protection
Agency, determines that the project is likely to con-
tribute to the attainment of a national ambient air
quality standard or maintenance of such standard,
whether through reductions in vehicle miles traveled
or fuel consumption, through traffic management
and control improvements, or through other factors.
‘‘(4) In selecting eligible projects for advance-
ment, both the short-term effectiveness and the long-
term sustainability of air quality benefits should be
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considered, and priority must be given to implement-
ing those projects and programs that are included in
an approved State implementation or maintenance
plan as a transportation control measure and that
will have air quality benefits.’’.
(c) SINGLE OCCUPANT VEHICLES.—Section 149 of
such title is amended—
(1) by redesignating subsections (c) and (d) as
(d) and (e), respectively; and
(2) by inserting the following new subsection:
‘‘(c) SINGLE OCCUPANT VEHICLES.—No funds may
be provided under this section for a project that will result
in the construction of new capacity available to single oc-
cupant vehicles unless the project consists of a high occu-
pancy vehicle facility available to single occupant vehicles
only at other than peak travel times.’’.
(d) STATES WITHOUT A NONATTAINMENT AREA.—
Section 149(d), as so redesignated, of such title is amend-
ed to read as follows:
‘‘(d) STATES WITHOUT A NONATTAINMENT AREA.—
If a State does not have, and never has had, within its
borders a nonattainment area designated and classified in
accordance with the provisions of the Clean Air Act cited
in subsection (b) of this section or otherwise included in
subsection (f) of this section, the State may use funds ap-
HR 1268 IH1S
portioned to it under section 104(b)(2) of this title for
any project eligible for assistance under the surface trans-
portation program. If a State does not have within its bor-
ders a nonattainment area designated and classified in ac-
cordance with the provisions of the Clean Air Act cited
in subsection (b) of this section, but has had one or more
areas that were such nonattainment areas but have been
redesignated as attainment within its borders, the State
must demonstrate to the Secretary that it has sufficient
funding to implement any transportation project or pro-
gram included in a maintenance plan that has been ap-
proved pursuant to the Clean Air Act to maintain the na-
tional ambient air quality standards before the State may
use funds apportioned to it under section 104(b)(2) of this
title for any project eligible for assistance under the sur-
face transportation program.’’.
(e) NONATTAINMENT BOUNDARIES.—Section 149 of
such title is amended by adding the following new sub-
section:
‘‘(f) NONATTAINMENT BOUNDARIES.—For purposes
of this section, the boundaries of nonattainment and main-
tenance areas—
‘‘(1) shall continue to be those determined by
the Administrator of the Environmental Protection
Agency in accordance with sections 181(a), 186(a),
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or 188(a) or (b) of the Clean Air Act (42 U.S.C.
7511(a), 7512(a), or 7513(a) or (b)); and
‘‘(2) if new national ambient air quality stand-
ards are promulgated, the boundaries of a non-
attainment area shall be those determined by the
Administrator of the Environmental Protection
Agency. Projects shall be eligible in any additional
geographic area newly designated as nonattainment
provided that a State implementation plan has been
submitted for such area to the Environmental Pro-
tection Agency.’’.
(f) FEDERAL SHARE.—Section 120(c) of such title
is amended by striking ‘‘The’’ and inserting ‘‘Except for
projects funded from the sums apportioned under section
104(b)(2) of this title, the’’.
SEC. 1021. INTERSTATE REIMBURSEMENT.
(a) GENERAL AUTHORITY.—Section 160(a) of title
23, United States Code, is amended by striking ‘‘1996 and
1997’’ and inserting ‘‘1998, 1999, 2000, 2001, 2002, and
2003’’.
(b) 
DETERMINATION
OF
REIMBURSEMENT
AMOUNT.—Section 160(b) of such title is amended by
striking ‘‘1996 and 1997’’ and inserting ‘‘1998, 1999,
2000, 2001, 2002, and 2003’’.
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(c) LIMITATION OF APPLICABILITY.—Section 160(e)
of such title is amended by striking paragraph (3).
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
160(f) of such title is amended—
(1) by striking ‘‘$2,000,000,000’’ and inserting
‘‘$1,000,000,000’’; and
(2) by striking ‘‘1996 and 1997’’ and inserting
‘‘1998, 1999, 2000, 2001, 2002, and 2003’’.
SEC. 1022. STATE INFRASTRUCTURE BANK PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 162. State infrastructure bank program
‘‘(a) IN GENERAL.—
‘‘(1) COOPERATIVE AGREEMENTS.—Subject to
the provisions of this section, the Secretary may
enter into cooperative agreements with States for
the establishment of State infrastructure banks and
multistate infrastructure banks for making loans
and providing other assistance to public and private
entities carrying out or proposing to carry out
projects eligible for assistance under this section.
‘‘(2) INTERSTATE COMPACTS.—Congress grants
consent to 2 or more of the States, entering into a
cooperative agreement under paragraph (1) of this
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subsection with the Secretary for the establishment
of a multistate infrastructure bank, to enter into an
interstate compact establishing such bank in accord-
ance with this section.
‘‘(b) FUNDING.—
‘‘(1) SEPARATE ACCOUNTS.—An infrastructure
bank established under this section shall maintain a
separate highway account for Federal funds contrib-
uted to the bank under paragraph (2) of this sub-
section and a separate transit account for Federal
funds contributed to the bank under paragraph (3)
of this subsection. No Federal funds contributed or
credited to an account of an infrastructure bank es-
tablished under this section may be commingled with
Federal funds contributed or credited to any other
account of such bank.
‘‘(2) 
HIGHWAY
ACCOUNT.—Notwithstanding
any other provision of law, the Secretary may allow,
subject to paragraph (g)(1) of this section, a State
entering into a cooperative agreement under this
section to contribute not to exceed—
‘‘(A) 10 percent of the funds apportioned
to the State under each of sections 104(b)(1),
104(b)(3), 104(b)(5)(B), 144, and 160 of this
title; and
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cated to a State under sections 104(b)(3) or 160 of
this title and attributed to urbanized areas of a
State with an urbanized population of over 200,000
under section 133(d)(2) of this title may be used to
provide assistance with respect to a project only if
the metropolitan planning organization designated
for such area concurs, in writing, with the provision
of such assistance.
‘‘(c) FORMS
OF ASSISTANCE FROM INFRASTRUC-
TURE BANKS.—An infrastructure bank established under
this section may make loans or provide other assistance
to a public or private entity in an amount equal to all
or part of the cost of carrying out a project eligible for
assistance under this section. The amount of any loan or
other assistance provided for such project may be subordi-
nated to any other debt financing for the project. Initial
assistance provided with respect to a project from Federal
funds contributed to an infrastructure bank under this
section may not be made in the form of a grant.
‘‘(d) QUALIFYING PROJECTS.—Federal funds in the
highway account of an infrastructure bank established
under this section may be used only to provide assistance
with respect to projects eligible for assistance under title
23, United States Code. Federal funds in the transit ac-
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count of such bank may be used only to provide assistance
with respect to capital transit projects.
‘‘(e) INFRASTRUCTURE BANK REQUIREMENTS.—In
order to establish an infrastructure bank under this sec-
tion, each State establishing the bank shall—
‘‘(1) contribute, at a minimum, in each account
of the bank from non-Federal sources an amount
equal to 25 percent of the amount of each capitaliza-
tion grant made to the State and contributed to the
bank; except that if the contribution is into the high-
way account of the bank and the State has a lower
non-Federal share under section 120(b) of this title,
such percentage shall be adjusted by the Secretary
to correspond with such lower non-Federal share;
‘‘(2) ensure that the bank maintains on a con-
tinuing basis an investment grade rating on its debt
issuances or has a sufficient level of bond or debt fi-
nancing instrument insurance to maintain the viabil-
ity of the bank;
‘‘(3) ensure that investment income generated
by funds contributed to an account of the bank will
be—
‘‘(A) credited to the account;
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‘‘(B) available for use in providing loans
and other assistance to projects eligible for as-
sistance from the account; and
‘‘(C) invested in United States Treasury
securities, bank deposits, or such other financ-
ing instruments as the Secretary may approve
to earn interest to enhance the leveraging of
projects assisted by the bank;
‘‘(4) ensure that any loan from the bank will
bear interest at or below market rates, as deter-
mined by the State, to make the project that is the
subject of the loan feasible;
‘‘(5) ensure that repayment of the loan from
the bank will commence not later than 5 years after
the project has been completed or, in the case of a
highway project, the facilities has opened to traffic,
whichever is later;
‘‘(6) ensure that the term for repaying any
loans will not exceed 30 years after the date of the
first payment on the loan under paragraph (5); and
‘‘(7) require the bank to make an annual report
to the Secretary and to make such other reports as
the Secretary may require by guidelines.
‘‘(f) LIMITATION ON REPAYMENTS.—Notwithstand-
ing any other provision of law, the repayment of a loan
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or other assistance provided from an infrastructure bank
under this section may not be credited towards the non-
Federal share of the cost of any project.
‘‘(g) SECRETARIAL REQUIREMENTS.—In administer-
ing this section, the Secretary shall—
‘‘(1) ensure that Federal disbursements shall be
at an annual rate of not more than 20 percent of
the amount requested by the State;
‘‘(2) ensure that all requirements of this title or
title 49, United States Code, and other applicable
Federal requirements shall apply to projects receiv-
ing assistance from the infrastructure bank, and all
such projects shall be deemed to be receiving Fed-
eral financial assistance, but the Secretary may
waive any requirement of this title or title 49, Unit-
ed States Code, (other than 23 U.S.C. 113 and 114,
and 49 U.S.C. 5333) that is not consistent with the
objectives of this section;
‘‘(3) specify procedures and guidelines for es-
tablishing, operating, and providing assistance from
the bank; and
‘‘(4) revise cooperative agreements entered into
with the States under section 350 of the National
Highway System Designation Act of 1995 (Public
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Law 104–59) to comply with the requirements of
this section.
‘‘(h) APPLICABILITY OF FEDERAL LAWS.—The same
provisions of Federal law shall apply to all projects receiv-
ing assistance from the bank that would have applied if
the project were receiving assistance under this title or
title 49, United States Code, or that would have applied
to a similar project eligible for assistance under such ti-
tles, except for those requirements waived by the Secretary
pursuant to paragraph (g)(2) of this section.
‘‘(i) UNITED STATES NOT OBLIGATED.—The con-
tribution of Federal funds to an infrastructure bank estab-
lished under this section shall not be construed as a com-
mitment, guarantee, or obligation on the part of the Unit-
ed States to any third party, nor shall any third party
have any right against the United States for payment sole-
ly by virtue of the contribution. Any security or debt fi-
nancing instrument issued by the infrastructure bank
shall expressly state that the security or instrument does
not constitute a commitment, guarantee, or obligation of
the United States.
‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections
3335 and 6503 of title 31, United States Code, shall not
apply to funds contributed under this section.
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‘‘(k) PROGRAM ADMINISTRATION.—A State may ex-
pend not to exceed 2 percent of the Federal funds contrib-
uted to an infrastructure bank established by the State
under this section to pay the reasonable costs of admin-
istering the bank.
‘‘(l) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) CAPITAL
PROJECT.—The term ‘capital
project’ has the meaning such term has under sec-
tion 5302 of title 49, United States Code.
‘‘(2) OTHER ASSISTANCE.—The term ‘other as-
sistance’ includes any use of funds in an infrastruc-
ture bank—
‘‘(A) to provide credit enhancements;
‘‘(B) to serve as a capital reserve for bond
or debt instrument financing;
‘‘(C) to subsidize interest rates;
‘‘(D) to ensure the issuance of letters of
credit and credit instruments;
‘‘(E) to finance purchase and lease agree-
ments with respect to transit projects;
‘‘(F) to provide bond or debt financing in-
strument security; and
‘‘(G) to provide other forms of debt financ-
ing and methods of leveraging funds that are
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approved by the Secretary and that relate to
the project with respect to which such assist-
ance is being provided.
‘‘(3) STATE.—The term ‘State’ has the mean-
ing such term has under section 401 of this title.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) STATE INFRASTRUCTURE BANKS.—For the
purpose of carrying out the provisions of section 162
of title 23, United States Code, the following sums
are authorized to be appropriated out of the High-
way Trust fund (other than the Mass Transit Ac-
count): $150,000,000 for each of fiscal years 1998,
1999, 2000, 2001, 2002, and 2003, to remain avail-
able until expended.
(2) The Secretary may distribute the funds au-
thorized to be appropriated by this subsection in a
manner determined by the Secretary to any State
with an approved infrastructure bank established in
accordance with section 162 of title 23, United
States Code, that requests such funds.
(3) Any State receiving funds authorized to be
appropriated by this subsection may deposit any por-
tion of such funds into either the highway account
or the transit account of the State’s infrastructure
bank.
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(4) These funds shall be available for obligation
in the same manner as funds apportioned under sec-
tion 104 of this title.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 1 of such title is amended by adding at the end
the following new item:
‘‘162. State infrastructure bank program.’’.
SEC. 1023. NATIONAL SCENIC BYWAYS PROGRAM.
(a) IN GENERAL.—Chapter 1, of title 23, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 163. National Scenic Byways Program
‘‘(a) DESIGNATION OF ROADS.—The Secretary shall
carry out a National Scenic Byways Program that recog-
nizes roads having outstanding scenic, historic, cultural,
natural, recreational, and archeological qualities by des-
ignating them as National Scenic Byways or All-American
Roads. The Secretary shall designate roads to be recog-
nized under the National Scenic Byways Program in ac-
cordance with criteria developed by the Secretary. To be
considered for such designation, a road must be nominated
by a State or Federal land management agency and must
first be designated as a State scenic byway or, for roads
on Federal lands, as a Federal land management agency
byway.
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‘‘(b) GRANTS
AND TECHNICAL ASSISTANCE.—(1)
The Secretary shall make grants and provide technical as-
sistance to States to—
‘‘(A) implement projects on highways des-
ignated as National Scenic Byways or All-American
Roads, or as State scenic byways; and
‘‘(B) plan, design, and develop a State scenic
byways program.
‘‘(2) In making grants, the Secretary shall give prior-
ity to—
‘‘(A) eligible projects that are associated with
highways that have been designated as National Sce-
nic Byways or All-American Roads;
‘‘(B) eligible projects along State-designated
scenic byways that are undertaken to make them eli-
gible for designation as National Scenic Byways or
All-American Roads; and
‘‘(C) eligible projects associated with the devel-
opment of State scenic byways programs.
‘‘(c) 
ELIGIBLE
PROJECTS.—The 
following 
are
projects that are eligible for Federal assistance under this
section:
‘‘(1) activities related to planning, design, or
development of State scenic byway programs;
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‘‘(2) development of corridor management
plans;
‘‘(3) safety improvements to a State scenic
byway, to the extent such improvements are nec-
essary to accommodate increased traffic and changes
in the types of vehicles using the highway, due to
such designation;
‘‘(4) construction along a scenic byway of facili-
ties for pedestrians and bicyclists, rest areas, turn-
outs, highway shoulder improvements, passing lanes,
overlooks, and interpretive facilities;
‘‘(5) improvements to a scenic byway that will
enhance access to an area for the purpose of recre-
ation, including water-related recreation;
‘‘(6) protection of historical, archeological, and
cultural resources in areas adjacent to scenic by-
ways;
‘‘(7) development and provision of tourist infor-
mation to the public, including interpretive informa-
tion about scenic byways; and
‘‘(8) development and implementation of scenic
byways marketing programs.
‘‘(d) FEDERAL SHARE.—The Federal share payable
on account of any project carried out under this section
shall be determined in accordance with section 120(b) of
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this title, except that, for any scenic byways project along
a public road that provides access to or within Federal
or Indian lands, a Federal land management agency may
use funds authorized for its use as the non-Federal share.
‘‘(e) FUNDING.—There shall be available to the Sec-
retary for carrying out this section, out of the Highway
Trust Fund (other than the Mass Transit Account),
$15,000,000 for each of fiscal years 1998, 1999, 2000,
2001, 2002, and 2003.
‘‘(f) LIMITATION.—The Secretary shall not make a
grant under this section for any project that would not
protect the scenic, historic, recreational, cultural, natural,
and archeological integrity of a highway and adjacent
areas.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 of such title is amended by adding at the end
the following new item:
‘‘163. National Scenic Byways Program.’’.
SEC. 1024. INFRASTRUCTURE SAFETY PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended—
(1) by striking sections 130 and 152;
(2) by adding at the end the following new sec-
tions:
‘‘§ 164. Infrastructure Safety Program
‘‘(a) RAILWAY-HIGHWAY CROSSINGS.—
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‘‘(1) ELIGIBLE USES OF FUNDS APPORTIONED
UNDER
SECTION
104
OF
THIS
TITLE.—Except as
provided in subsection 120(c) of this title and para-
graph (a)(8) of this section and for crossing closure
projects, 90 percent of the cost of construction of
projects for the elimination of hazards of railway-
highway crossings, including the separation or pro-
tection of grades at crossings, the reconstruction of
existing railroad grade crossing structures, and the
relocation of highways to eliminate grade crossings,
may be paid from sums apportioned in accordance
with section 104 of this title. In any case when the
elimination of the hazards of a railway-highway
crossing can be effected by the relocation of a por-
tion of a railway at a cost estimated by the Sec-
retary to be less than the cost of such elimination
by one of the methods mentioned in the first sen-
tence of this paragraph, then the entire cost of such
relocation project, except as provided in subsection
120(c) of this title and paragraph (a)(8) of this sec-
tion, may be paid from the sums apportioned in ac-
cordance with section 104 of this title.
‘‘(2) ELIGIBLE
USES
OF
RAILWAY-HIGHWAY
CROSSINGS FUNDS.—A State may obligate funds ap-
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portioned to it under paragraph (a)(6) of this sec-
tion only for the following projects:
‘‘(A) The elimination of hazards of rail-
way-highway crossings, including the separation
or protection of grades at crossings, the recon-
struction of existing railroad grade crossing
structures, and the relocation of highways to
eliminate grade crossings.
‘‘(B) Trespassing countermeasures.
‘‘(C) Railway-highway crossing education.
‘‘(D) Enforcement of traffic laws relating
to railway-highway crossing safety.
‘‘(E) 
Privately 
owned 
railway-highway
crossings if the project is publicly sponsored
and the Secretary determines that the project
would serve a public benefit.
‘‘(3) 
SECRETARIAL
CLASSIFICATION
OF
PROJECTS.—The Secretary may classify various
types of projects involved in the elimination of haz-
ards of railway-highway crossings, and may set for
each such classification a percentage of the costs of
construction which shall be deemed to represent the
net benefit to the railroad or railroads for the pur-
pose of determining the railroad’s share of the cost
of construction. The percentage so determined shall
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in no case exceed 10 per centum. The Secretary
shall determine the appropriate classification of each
project.
‘‘(4) 
RAILROAD
LIABILITY
FOR
PROJECT
COSTS.—Any railroad involved in a project for the
elimination of hazards of railway-highway crossings
paid for in whole or in part from sums made avail-
able for expenditure under this title, or prior Acts,
shall be liable to the United States for the net bene-
fit to the railroad determined under the classifica-
tion of such project made pursuant to paragraph
(a)(3) of this section. Such liability to the United
States may be discharged by direct payment to the
State highway department of the State in which the
project is located, in which case such payment shall
be credited to the cost of the project. Such payment
may consist in whole or in part of materials and
labor furnished by the railroad in connection with
the construction of such project. If any such railroad
fails to discharge such liability within a six-month
period after completion of the project, it shall be lia-
ble to the United States for its share of the cost,
and the Secretary shall request the Attorney General
to institute proceedings against such railroad for the
recovery of the amount for which it is liable under
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this paragraph. The Attorney General is authorized
to bring such proceedings on behalf of the United
States, in the appropriate district court of the Unit-
ed States, and the United States shall be entitled in
such proceedings to recover such sums as it is con-
sidered and adjudged by the court that such railroad
is liable for in the premises. Any amounts recovered
under this paragraph shall be credited to the High-
way Trust Fund, other than the Mass Transit Ac-
count.
‘‘(5) STATE
SURVEY
AND
SCHEDULE
OF
PROJECTS.—Each State shall conduct and system-
atically maintain a survey of all highways to identify
those railroad crossings which may require separa-
tion, relocation, or protective devices, and establish
and implement a schedule of projects for this pur-
pose. At a minimum, such schedule shall provide
signs for all railway-highway crossings. In a manner
established by the Secretary, each State shall report
completed railway-highway crossing projects funded
under this subsection or section 165 of this title to
the Department for inclusion in the Department of
Transportation/Association of American Railroads
National Grade Crossing Inventory.
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‘‘(6) APPORTIONMENT.—Twenty-five percent of
the funds authorized to be appropriated to carry out
this section shall be apportioned to the States in the
ratio that each State’s most recent 3-year total of
crashes at public railway-highway grade crossings
bears to such 3-year public railway-highway grade
crossing crash total in all States, 25 percent of such
funds shall be apportioned to the States in the ratio
that each State’s most recent 3-year total of fatali-
ties involving rail equipment at public railway-high-
way grade crossings bears to such 3-year public rail-
way-highway grade crossing fatality total in all
States, 25 percent of such funds shall be appor-
tioned to the States in the ratio that each State’s
number of public railway-highway grade crossings
bears to the number of public railway-highway grade
crossings in all States, and 25 percent of such funds
shall be apportioned to the States in the ratio that
each State’s number of public railway-highway grade
crossings with passive warning devices bears to the
number of public railway-highway grade crossings
with passive warning devices in all States.
‘‘(7) FUNDS
FOR
PROTECTIVE
DEVICES.—At
least one-half of the funds authorized for and ex-
pended under this subsection shall be available for
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the installation, public education, and enforcement
of protective devices at railway-highway crossings.
‘‘(8) 
TREATMENT
OF
RAILWAY-HIGHWAY
CROSSING FUNDS.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share payable on account of any project fi-
nanced with funds authorized to be appro-
priated to carry out this subsection shall be 90
percent of the cost thereof, except as provided
in subsection 120(c) of this title and for cross-
ing closure projects, which may be funded at
100 percent.
‘‘(B) NON-FEDERAL
MATCH.—Funds au-
thorized to be appropriated to carry out this
section may be used to provide a local govern-
ment with funds to be used on a matching basis
when State funds are available that may only
be spent when the local government produces
matching funds for the improvement of railway-
highway crossings.
‘‘(9) TRANSFER TO HAZARD ELIMINATION AP-
PORTIONMENT.—A State may transfer from its ap-
portionment under this subsection to its apportion-
ment under subsection (b) of this section an amount
equal to the percentage by which the number of
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crashes in the State has been reduced in the most
recent calendar year below the average annual num-
ber of crashes in such State in calendar years 1994,
1995, and 1996.
‘‘(10) INCENTIVE
PAYMENTS
FOR
AT-GRADE
CROSSING CLOSURES.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of this subsection and subject to
subparagraphs (B) and (C) of this paragraph,
a State may, from sums made available to the
State under this subsection, make incentive
payments to local governments in the State
upon the permanent closure by such govern-
ments of public at-grade railway-highway cross-
ings under the jurisdiction of such governments.
‘‘(B) INCENTIVE
PAYMENTS
BY
RAIL-
ROADS.—A State may not make an incentive
payment under subparagraph (A) of this para-
graph to a local government with respect to the
closure of a crossing unless the railroad owning
the tracks on which the crossing is located
makes an incentive payment to the government
with respect to the closure.
‘‘(C) AMOUNT OF STATE PAYMENT.—The
amount of the incentive payment payable to a
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local government by a State under subpara-
graph (A) of this paragraph with respect to a
crossing may not exceed the lesser of—
‘‘(i) the amount of the incentive pay-
ment paid to the government with respect
to the crossing by the railroad concerned
under subparagraph (B) of this paragraph;
or
‘‘(ii) $7,500.
‘‘(D) USE OF STATE PAYMENTS.—A local
government receiving an incentive payment
from a State under subparagraph (A) of this
paragraph shall use the amount of the incentive
payment for transportation safety improve-
ments.
‘‘(b) HAZARD ELIMINATION.—
‘‘(1) ELIGIBLE USES OF HAZARD ELIMINATION
FUNDS.—The Secretary may approve as a project
under this subsection any highway safety improve-
ment project.
‘‘(2) STATE
SURVEY
AND
SCHEDULE
OF
PROJECTS.—Each State shall conduct and system-
atically maintain an engineering survey of all public
roads to identify hazardous locations, sections, and
elements, including roadside obstacles and unmarked
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or poorly marked roads, which may constitute a dan-
ger to motorists and pedestrians; assign priorities
for the correction of such locations, sections, and
elements; and establish and implement a schedule of
projects for their improvement.
‘‘(3) 
STATE
EVALUATION
PROCESS.—Each
State shall establish an evaluation process, which
shall be approved by the Secretary, to analyze and
assess results achieved by highway safety improve-
ment projects carried out in accordance with the
procedures and criteria established by this sub-
section. Such evaluation process shall develop cost-
benefit data for various types of corrections and
treatments which shall be used in setting priorities
for highway safety improvement projects.
‘‘(4) APPORTIONMENT.—Funds authorized to
be appropriated to carry out this subsection shall be
apportioned to the States in the following manner:
75 percent in the ratio which the population of each
State bears to the total population of all States, as
shown by the latest available Federal census, and 25
percent in the ratio which public road mileage in
each State bears to the total public road mileage in
all States. For the purposes of this paragraph, a
‘public road’ means any road under the jurisdiction
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of and maintained by a public authority and open to
public travel. Public road mileage as used in the
paragraph shall be determined as of the end of the
calendar year preceding the year in which the funds
are apportioned and shall be certified to by the Gov-
ernor of the State and subject to approval by the
Secretary. The annual apportionment to each State
shall not be less than one-half of one percent of the
total apportionment.
‘‘(5) TREATMENT
OF
HAZARD
ELIMINATION
FUNDS.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share payable on account of any project funded
under this subsection shall be 90 percent of the
cost thereof.
‘‘(B) USE
ON
NON-INTERSTATE
PUBLIC
ROADS.—The funds authorized to carry out this
subsection shall be available for expenditure on
any public road other than a highway on the
Interstate System.
‘‘(6) 
TRANSFER
TO
NON-INFRASTRUCTURE
USES.—A State may transfer not to exceed 100 per-
cent of the State’s apportionment under this sub-
section to the apportionment of the State under sec-
tion 402 of this title or the allocation of the State
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under 49 U.S.C. 31104 if the Secretary determines
that the State meets the eligibility criteria for receiv-
ing an integrated safety fund grant under section
165 of this title.
‘‘(7) STATE DEFINED.—For purposes of this
subsection, the term ‘State’ shall have the meaning
given it in section 401 of this title.
‘‘§ 165. Integrated Safety Fund
‘‘(a) GRANT AUTHORITY.—Subject to the provisions
of this section, the Secretary may make a grant to any
State that the Secretary determines has an integrated
State highway safety planning process and has established
integrated goals and benchmarks for safety improvements,
except that no State may receive a grant under this sub-
section in more than 3 fiscal years.
‘‘(b) ELIGIBLE USES OF GRANT.—Any such grant
may be used by the recipient State to implement any high-
way or motor carrier safety program or project eligible for
funding under sections 164 or 402 of this title, or chapter
311 of title 49. Each State receiving a grant allocation
under this section shall transfer such allocation to any ap-
portionment or allocation of such State under sections 164
or 402 of this title or 49 U.S.C. 31104.
‘‘(c) AMOUNT OF GRANT.—The amount of a grant
made under this section for any fiscal year to any State
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that is eligible for such a grant shall be an amount equal
to the percentage that each eligible State’s apportionment
under section 402 of this title for such fiscal year bears
to the total apportionment under section 402 to all States
for such fiscal year, but in no case shall the amount of
a grant made under this section exceed 50 percent of the
amount apportioned to such State for fiscal year 1997
under section 402 of this title.
‘‘(d) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in any fiscal year unless
such State enters into such agreements with the Secretary
as the Secretary may require to ensure that such State
will maintain its aggregate expenditures from all other
sources for highway safety programs under sections 164
and 402 of this title, and chapter 311 of title 49, at or
above the average level of such expenditures in such
State’s 2 fiscal years preceding the date of the enactment
of this section.’’; and
(3) in subsection 104(g) by striking the first
two sentences.
(b) CONFORMING AMENDMENTS.—The analysis for
chapter 1 of such title is amended—
(1) by striking the items relating to sections
130 and 152; and
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(2) by adding at the end the following new
items:
‘‘164. Infrastructure Safety Program.
‘‘165. Integrated Safety Fund.’’.
SEC. 1025. FISCAL AND ADMINISTRATIVE AMENDMENTS.
(a) ADVANCED CONSTRUCTION.—Section 115 of title
23, United States Code, is amended—
(1) in subsection (b) by striking the subsection
heading;
(2) in paragraph (b)(1) by striking the para-
graph designation ‘‘(1)’’;
(3) by striking paragraphs (b) (2) and (3) and
subsection (c); and
(4) by redesignating subsection (d) as sub-
section (c).
(b) AVAILABILITY OF FUNDS.—Section 118 of such
title is amended by revising subsection (e) to read as fol-
lows:
‘‘(e) EFFECT OF RELEASE OF FUNDS.—Any Fed-
eral-aid highway funds released by the final payment on
a project, or by the modification of the project agreement,
shall be credited to the same program funding category
previously apportioned to the State and shall be imme-
diately available for expenditure.’’.
(c) FEDERAL SHARE PAYABLE.—Section 120 of such
title is amended—
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(1) in subsection (a) by striking ‘‘shall be’’ and
inserting ‘‘shall not exceed’’;
(2) in subsection (b) by striking ‘‘shall be’’ and
inserting ‘‘shall not exceed’’; and
(3) by adding at the end the following new sub-
section:
‘‘(j) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a cred-
it toward the non-Federal matching share require-
ment for any program under this title, other than
the emergency relief program authorized in section
125, toll revenues that are generated and used by
public, quasi-public and private agencies to build,
improve, or maintain highways, bridges, or tunnels
that serve the public purpose of interstate com-
merce. Such public, quasi-public or private agencies
shall have built, improved, or maintained such facili-
ties without Federal funds.
‘‘(2) MAINTENANCE
OF
EFFORT.—The credit
for any non-Federal share shall not reduce nor re-
place State monies required to match Federal funds
for any program pursuant to this title. In receiving
a credit for non-Federal capital expenditures under
this section, a State shall enter into such agreements
as the Secretary may require to ensure that such
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State will maintain its non-Federal transportation
capital expenditures at or above the level of such ex-
penditures for the preceding three fiscal years.
‘‘(3) TREATMENT.—Use of such credit for a
non-Federal share shall not expose such agencies
from which the credit is received to additional liabil-
ity, additional regulation or additional administrative
oversight. When credit is applied from chartered
multi-State agencies, such credit shall be applied
equally to all charter States. The public, quasi-pub-
lic, and private agencies from which the credit for
which the non-Federal share is calculated shall not
be subject to any additional Federal design stand-
ards, laws or regulations as a result of providing
non-Federal match other than those to which such
agency is already subject.’’.
(d) PAYMENTS TO STATES FOR CONSTRUCTION.—
Section 121 of such title is amended—
(1) in subsection (a)—
(A) by striking the second sentence; and
(B) by revising the last sentence to read as
follows: ‘‘Such payments may also be made for
the value of the materials (1) which have been
stockpiled in the vicinity of such construction in
conformity to plans and specifications for the
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projects, and (2) which are not in the vicinity
of such construction if the Secretary determines
that because of required fabrication at an off-
site location the material cannot be stockpiled
in such vicinity.’’;
(2) by revising subsection (b) to read as follows:
‘‘(b) No payment shall be made under this chapter
except for a project covered by a project agreement. After
completion of the project in accordance with the project
agreement, a State shall be entitled to payment out of the
appropriate sums apportioned or allocated to it of the un-
paid balance of the Federal share payable on account of
such project.’’; and
(3) by striking subsections (c) and (d) and re-
designating subsection (e) as subsection (c).
(e) ADVANCES TO STATES.—Section 124 of such title
is amended—
(1) by striking subsection designation ‘‘(a)’’ but
retaining the text of the subsection in its entirety;
and
(2) by striking subsection (b).
(f) DIVERSION.—Section 126 of such title is repealed.
(g) STATE HIGHWAY DEPARTMENT.—Section 302 of
such title is amended—
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(1) in subsection (a) by adding at the end the
following: ‘‘Compliance with this provision shall have
no effect on the eligibility of costs.’’;
(2) by striking subsection designation ‘‘(a)’’ but
retaining the text of the subsection in its entirety;
and
(3) by striking subsection (b).
(h) BRIDGE COMMISSIONS.—Public Law 87–441, re-
lating to bridge commissions created by Congress and
Federal approval of membership of such commissions, is
repealed.
SEC. 1026. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) DEFINITIONS.—Section 101(a) of title 23, United
States Code, is amended—
(1) by striking the two undesignated para-
graphs relating to public lands highways and public
lands highway; and
(2) by inserting at the end thereof the following
new undesignated paragraph: ‘‘The term ‘public
lands highways’ means any highway through unap-
propriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations under
the jurisdiction of and maintained by a public au-
thority and open to public travel.’’.
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(b) FEDERAL SHARE PAYABLE.—Section 120 of such
title is amended by adding at the end the following new
subsections:
‘‘(k) Notwithstanding any other provision of law, the
funds appropriated to any Federal land managing agency
may be used as the non-Federal share payable on account
of any Federal-aid highway project the Federal share of
which is funded under sections 104 or 144 of this title,
or under the Federal scenic byways program.
‘‘(l) Notwithstanding any other provision of law, the
funds appropriated for carrying out the Federal Lands
Highways Program under section 204 of this title may be
used as the non-Federal share payable on account of any
project funded under section 104 or 144 of this title or
under the Federal scenic byways program, that provides
access to or within Federal or Indian lands.’’.
(c) ALLOCATIONS.—Section 202 of such title is
amended—
(1) by revising subsection (b) to read as follows:
‘‘(b) On October 1 of each fiscal year, the Secretary
shall allocate of the sums authorized to be appropriated
for such fiscal year for public lands highways, after mak-
ing the transfer provided for in subsection 204(i) of this
title, for transportation projects in those States having un-
appropriated or unreserved public lands, nontaxable In-
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dian lands, or other Federal reservations, on the basis of
need in such States, respectively, as determined by the
Secretary upon application of a Federal land managing
agency, Indian tribal government, or State. The Secretary
shall give preference to those projects which are signifi-
cantly impacted by Federal land, recreation, and resource
management activities which are proposed in a State that
contains at least 3 percent of the total public lands in the
Nation.’’;
(2) by adding at the end the following new sub-
section:
‘‘(e) On October 1 of each fiscal year, the Secretary
shall allocate the sums authorized to be appropriated for
such fiscal year for forest highways, after making the
transfer provided for in subsection 204(g) of this title, ac-
cording to the relative needs of the various elements of
the national forest system, as jointly identified by the Sec-
retary, and the Secretary of Agriculture based on the need
for access as determined through renewable resource and
land use planning and the impact of such planning on ex-
isting transportation facilities.’’.
(d) AVAILABILITY OF FUNDS.—Section 203 of such
title is amended—
(1) in the first sentence by inserting ‘‘forest
highways,’’ after ‘‘parkways,’’;
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(2) in the fourth sentence by inserting ‘‘forest
highways,’’ after ‘‘parkways,’’; and
(3) by adding at the end of the section the fol-
lowing: ‘‘Notwithstanding any other provision of law,
the Secretary’s authorization of engineering and re-
lated work for a Federal Lands Highways Program
project or the Secretary’s approval of plans, speci-
fications, and estimates for construction of a Fed-
eral Lands Highways Program project shall be
deemed to constitute a contractual obligation of the
Federal Government for the payment of its contribu-
tion to such project.’’.
(e) PLANNING AND AGENCY COORDINATION.—Sec-
tion 204 is amended—
(1) by revising subsection (a) to read as follows:
‘‘(a) Recognizing the need for all Federal roads that
are public roads to be treated under uniform policies simi-
lar to those that apply to Federal-aid highways, there is
established a coordinated Federal Lands Highways Pro-
gram which shall consist of forest highways, public lands
highways, park roads and parkways, and Indian reserva-
tion roads and bridges as defined in section 101 of this
title. The Secretary, in cooperation with the Secretary of
the appropriate Federal land managing agency, shall de-
velop transportation planning procedures which are con-
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sistent with the metropolitan and Statewide planning
processes called for in sections 134 and 135 of this title.
The transportation improvement program developed as a
part of the transportation planning process under this sec-
tion shall be approved by the Secretary. All regionally sig-
nificant Federal Lands Highway Program projects shall
be developed in cooperation with States and metropolitan
planning organizations and be included in appropriate
Federal Lands Highways Program, State, and metropoli-
tan plans and transportation improvement programs. The
approved Federal Lands Highways Program transpor-
tation improvement program shall be included in appro-
priate State and metropolitan planning organization plans
and programs without further action thereon. The Sec-
retary and the Secretary of the appropriate Federal land
managing agency shall also develop appropriate safety,
bridge, and pavement management systems for roads
funded under the Federal Lands Highways Program.’’;
(2) by striking the first three sentences of sub-
section (b) and inserting the following: ‘‘Funds
available for forest highways, public lands highways,
park roads and parkways, and Indian reservation
roads shall be used by the Secretary and the Sec-
retary of the appropriate Federal land managing
agency to pay for the cost of transportation plan-
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(5) by revising the second sentence of sub-
section (j) to read as follows: ‘‘The Indian Tribal
Government, in cooperation with the Secretary of
the Interior, and as may be appropriate, with a
State, local government, or metropolitan planning
organization, shall carry out a transportation plan-
ning process in accordance with subsection 204(a) of
title 23, United States Code.’’; and
(6) by adding at the end the following new sub-
section:
‘‘(k) INDIAN RESERVATION ROAD BRIDGES.—
‘‘(1) Of the amounts authorized for Indian Res-
ervation Roads each fiscal year, the Secretary, in co-
operation with the Secretary of the Interior, shall re-
serve a minimum of $5,000,000 for projects to re-
place, rehabilitate, seismic retrofit, paint, apply cal-
cium magnesium acetate, or install scour counter-
measures for deficient Indian reservation road
bridges. To be eligible to receive funding under this
subsection, a bridge or multiple-pipe culvert must—
‘‘(A) have an opening of 6.1 meters (20
feet) or more;
‘‘(B) be on an Indian reservation road;
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‘‘(C) be unsafe because of structural defi-
ciencies, physical deterioration, or functional
obsolescence; and
‘‘(D) be recorded in the national bridge in-
ventory administered by the Secretary.
‘‘(2) The Secretary shall approve a nationwide
priority program for improving deficient Indian res-
ervation road bridges. Funds for Indian reservation
road bridge projects shall only be made available
upon approval of plans, specifications, and estimates
by the Secretary.’’.
SEC. 1027. BICYCLE TRANSPORTATION AND PEDESTRIAN
WALKWAYS.
Section 217 of title 23, United States Code, is
amended—
(1) in subsection (b)—
(A) by adding ‘‘pedestrian walkways and’’
after ‘‘construction of’’; and
(B) by striking ‘‘(other than the Interstate
System)’’;
(2) in subsection (e) by striking ‘‘, other than
a highway access to which is fully controlled,’’;
(3) by revising subsection (g) to read as follows:
‘‘(g) PLANNING AND DESIGN.—Bicyclists and pedes-
trians shall be given due consideration in the comprehen-
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sive transportation plans developed by each metropolitan
planning organization and State in accordance with sec-
tions 134 and 135 of this title, respectively. Bicycle trans-
portation facilities and pedestrian walkways shall be con-
sidered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facili-
ties, except where bicycle and pedestrian use are not per-
mitted. Transportation plans and projects shall provide
due consideration for safety and contiguous routes.’’;
(4) in subsection (h), by striking ‘‘No motorized
vehicles shall’’ and inserting ‘‘Motorized vehicles
may not’’; and
(5) in paragraph (h)(3)—
(A) by striking ‘‘when State and local reg-
ulations permit,’’; and
(B) by inserting after ‘‘wheelchairs’’ the
following: ‘‘, as defined in paragraph (i)(3)’’;
(6) by striking subsection (i) and redesignating
subsection (j) as subsection (i); and
(7) by revising subsection (i), as so redesig-
nated, to read as follows:
‘‘(i) DEFINITIONS.—
‘‘(1) BICYCLE TRANSPORTATION FACILITY.—As
used in this section, the term ‘bicycle transportation
facility’ means new or improved lanes, paths, or
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shoulders for use by bicyclists, traffic control de-
vices, shelters, and parking facilities for bicycles.
‘‘(2) PEDESTRIAN.—As used in this section, the
term ‘pedestrian’ means any person traveling by foot
and any mobility impaired person using a wheel-
chair.
‘‘(3) WHEELCHAIR.—As used in this section,
the term ‘wheelchair’ means a mobility aid, usable
indoors, and designed for and used by individuals
with mobility impairments, whether operated manu-
ally or powered.’’.
SEC. 1028. RECREATIONAL TRAILS PROGRAM.
(a) RECREATIONAL TRAILS PROGRAM.—Chapter 2 of
title 23, United States Code, is amended by inserting the
following new section after section 205:
‘‘§ 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 program for the purposes
of providing and maintaining recreational trails in accord-
ance with this section.
‘‘(b) STATE RESPONSIBILITIES.—
‘‘(1) The Governor of the State shall designate
the State agency or agencies which will be respon-
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sible for administering apportionments received
under this section; and
‘‘(2) The State shall establish within the State
a State trail advisory committee that equitably rep-
resents both motorized and nonmotorized trail users.
‘‘(c) USE
OF APPORTIONED FUNDS.—(1) Funds
made available under this section are to be obligated for
trails and trail-related projects which have been planned
and developed under the existing laws, policies, and ad-
ministrative procedures of each State, and which are iden-
tified in, or which further a specific goal of, a trail plan
or trail plan element included or referenced in a metropoli-
tan transportation plan required under 23 U.S.C. 134,
and/or a statewide transportation plan required under 23
U.S.C. 135, consistent with the Statewide Comprehensive
Outdoor Recreation Plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4–460l–
11). Permissible uses of these funds include—
‘‘(A) construction of new trails;
‘‘(B) maintenance and restoration of existing
trails;
‘‘(C) development and rehabilitation of trailside
and trailhead facilities and trail linkages;
‘‘(D) purchase and lease of trail construction
and maintenance equipment;
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‘‘(E) acquisition of easements and fee simple
title to property for trails or trail corridors;
‘‘(F) costs to the State incurred in administer-
ing this program, but in an amount not exceeding 7
percent of the apportionment received by the State;
and
‘‘(G) operation of educational programs to pro-
mote safety and environmental protection as these
objectives relate to the use of trails.
‘‘(2) DIVERSIFIED TRAIL USE.—Not less than 50
percent of the apportionments received annually by a
State shall be used to facilitate use of trails for diverse
recreational purposes, including by renovating recreational
trail corridors, trailsides, or trailhead facilities to allow for
both motorized and nonmotorized recreational trail use.
‘‘(d) ENVIRONMENTAL BENEFIT OR MITIGATION.—
To the extent practicable and consistent with other re-
quirements of this section, a State shall give priority to
project proposals that provide for the redesign, reconstruc-
tion, nonroutine maintenance, or relocation of existing
trails in order to benefit the natural environment or in
order to mitigate and minimize the impact to the natural
environment.
‘‘(e) FEDERAL SHARE PAYABLE.—Except as pro-
vided in paragraphs (1), (2), (3), and (4) of this sub-
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‘‘(D) Delaware and Lehigh Navigation
Canal National Heritage Corridor Act of 1988
(Public Law 100–692);
‘‘(E) Job Training Partnership Act of
1982 (Public Law 97–300);
‘‘(F) National and Community Service
Trust Act of 1993 (Public Law 103–82); and
‘‘(G) Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public
Law 104–93).
‘‘(3) PROGRAMMATIC NON-FEDERAL SHARE.—A
State may allow adjustments of the non-Federal
share of individual projects provided that the total
Federal share payable for all projects within the
State under this program for a Federal fiscal year’s
apportionment does not exceed 50 percent. A project
funded under paragraphs (1) or (2) of this sub-
section may not be included in the calculation of the
programmatic non-Federal share.
‘‘(4) STATE
ADMINISTRATIVE
COSTS.—The
Federal share payable on account of the administra-
tive costs of a State under subparagraph (e)(1)(A)
shall be determined in accordance with subsection
120(b) of this title.
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‘‘(f) USES NOT PERMITTED.—A State may not obli-
gate funds apportioned under this section for—
‘‘(1) condemnation of any kind of interest in
property;
‘‘(2) construction of any recreational trail on
National Forest System lands for motorized uses un-
less such lands—
‘‘(A) have been apportioned for uses other
than wilderness by an approved Forest land and
resource management plan or have been re-
leased to uses other than wilderness by an Act
of Congress; and
‘‘(B) such construction is otherwise con-
sistent with the management direction in such
approved land and resource management plan;
or
‘‘(3) construction of any recreational trail on
Bureau of Land Management lands for motorized
uses unless such lands—
‘‘(A) have been apportioned for uses other
than wilderness by an approved Bureau of
Land Management resource management plan
or have been released to other uses by an Act
of Congress; and
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‘‘(B) such construction is otherwise con-
sistent with the management direction in such
approved management plans;
‘‘(4) upgrading, expanding, or otherwise facili-
tating motorized use or access to trails predomi-
nantly used by nonmotorized trail users and on
which, as of May 1, 1991, motorized use is either
prohibited or has not occurred; or
‘‘(5) developing or otherwise encouraging rec-
reational opportunity on a railroad right-of-way for
the purpose of traversing on or between railroad
tracks, except for providing a railroad crossing in co-
ordination with the railroad owner, operator, and
State agency with jurisdiction over railroad cross-
ings.
‘‘(g) PROJECT ADMINISTRATION.—
‘‘(1) 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 under this section.
Any funds, or the fair market value of any mate-
rials, services, or new right-of-way may be donated
by any project sponsor and shall be credited to the
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non-Federal share in accordance with subsection (d)
of this section. 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 in accordance with
paragraph (d)(1).
‘‘(2) 
RECREATIONAL
PURPOSE.—A 
project
funded under this section is intended to enhance rec-
reational opportunity and is not subject to the provi-
sions of 49 U.S.C. 303 or 23 U.S.C. 138.
‘‘(3) CONTINUING RECREATIONAL USE.—At the
option of each State, funds made available under
this section may be treated as Land and Water Con-
servation Fund apportionments for the purposes of
section (6)(f)(3) of the Land and Water Conserva-
tion Fund Act.
‘‘(4) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condi-
tion to making available apportionments for
work on recreational trails that would affect
privately owned land, a State shall obtain writ-
ten assurances that the owner of the property
will cooperate with the State and participate as
necessary in the activities to be conducted.
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‘‘(B) PUBLIC
ACCESS.—Any use of a
State’s allocations on private lands must be ac-
companied by an easement or other legally
binding agreement that ensures public access to
the recreational trail improvements funded by
those apportionments.
‘‘(h) DEFINITIONS.—(1) For the purposes of this sec-
tion—
‘‘(A) RECREATIONAL
TRAIL.—The term ‘rec-
reational trail’ means a thoroughfare or track across
land or snow, used for recreational purposes such as:
pedestrian activities, including wheelchair use; skat-
ing or skateboarding; equestrian activities, including
carriage driving; nonmotorized snow trail activities,
including skiing; bicycling or use of other human-
powered vehicles; aquatic or water activity; and mo-
torized vehicular activities, including all-terrain vehi-
cle riding, motorcycling, use of off-road light trucks,
or use of other off-road motorized vehicles; and
‘‘(B) MOTORIZED
RECREATION.—The term
‘motorized recreation’ means off-road recreation
using any motor-powered vehicle, except for motor-
ized wheelchairs.
‘‘(2) For purposes of subsection 104(h) of title 23,
United States Code, the term ‘eligible State’ means a
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State, as defined in section 101 of such title, that meets
the requirements stated in subsection (b) of this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) The Intermodal Surface Transportation Ef-
ficiency Act of 1991 is amended by striking part B
of title I.
(2) The analysis for chapter 2 of title 23,
United States Code, is amended by revising item
206 to read as follows:
‘‘206. Recreational Trails Program.’’.
SEC. 1029. INTERNATIONAL HIGHWAY TRANSPORTATION
OUTREACH PROGRAM.
(a) ACTIVITIES.—Section 325(a) of title 23, United
States Code, is amended—
(1) by inserting after ‘‘expertise’’ the following:
‘‘, goods, and services’’;
(2) by adding at the end the following new
paragraph:
‘‘(6) gathering and disseminating information
on foreign transportation markets and industries.’’;
(3) by striking ‘‘and’’ at the end of paragraph
(4); and
(4) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’.
(b) FUNDS.—Section 325(c) of such title is revised
to read as follows:
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‘‘(c) Funds available to carry out the provisions of
this section shall include funds deposited by any cooperat-
ing organization or person in a special account for this
program with the Secretary of the Treasury. The funds
deposited in the special account and other funds available
to carry out this section shall be available to cover the
cost of any activity eligible under this section, including
the cost of promotional materials, travel, reception and
representation expenses, and salaries and benefits. Reim-
bursements for salaries and benefits of Federal Highway
Administration employees providing services under this
section shall be credited to the special account.’’.
(c) ELIGIBILITY.—Section 325 of such title is amend-
ed by adding at the end the following new subsection:
‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE-
SEARCH FUNDS.—A State, in coordination with the Sec-
retary, may obligate funds made available to carry out sec-
tion 329 of this title for any activity authorized under sub-
section (a) of this section.’’.
SEC. 1030. TRADE CORRIDOR AND BORDER CROSSING
PLANNING; BORDER GATEWAY PILOT PRO-
GRAM.
(a) BORDER
CROSSING
PLANNING
INCENTIVE
GRANTS.—
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(1) GRANTS.—In order to encourage joint
transportation planning activities, the Secretary
shall make incentive grants to States that share a
common border with Canada or Mexico and metro-
politan planning organizations either adjacent or
proximate to borders with Canada or Mexico. Such
grants shall be used to enhance consideration of peo-
ple and vehicle movement into and through inter-
national gateways as a supplement to statewide and
metropolitan transportation planning funding made
available through other provisions of this Act.
(2) CONDITION OF GRANTS.—As a condition of
receiving a grant under paragraph (1) of this sub-
section, the State or metropolitan planning organiza-
tion shall assure the Secretary that it commits to be
engaged in joint planning with its counterpart agen-
cy in Canada or Mexico.
(b) 
TRADE
CORRIDOR
PLANNING
INCENTIVE
GRANTS.—
(1) GRANTS.—In order to encourage coopera-
tive multistate corridor planning and analysis, the
Secretary shall make grants to States for the pur-
pose of performing, within the framework of their
statewide transportation planning process, planning
for the safe and efficient movement of goods along
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and within international or interstate trade corridors
of national importance. Such corridors shall be coop-
eratively identified by the States along the corridor.
Priority should be given to corridors of which the
private sector is particularly supportive.
(2) CORRIDOR PLANS.—As a condition of re-
ceiving a grant under paragraph (3) of this sub-
section, the State shall assure the Secretary that, in
cooperation with the other States along the corridor,
a plan for corridor improvements will be submitted
to the Secretary not later than 24 months after re-
ceipt of such grant. Corridor planning performed
under subsection (c) of this section shall be coordi-
nated with transportation planning being done by
the States and metropolitan planning organizations
along the corridor and, where appropriate, with
transportation planning being done in Mexico and
Canada.
(3) MULTISTATE
AGREEMENTS
FOR
TRADE
CORRIDOR PLANNING.—The consent of Congress is
hereby given to any two or more States to enter into
multistate agreements not in conflict with any law of
the United States, for cooperative efforts and mu-
tual assistance in support of interstate trade cor-
ridor planning activities and to establish such agen-
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cies, joint or otherwise, as such States may deem de-
sirable for making such agreements effective.
(c) BORDER GATEWAY PILOT PROGRAM.—
(1) COORDINATED AND COMPREHENSIVE BOR-
DER PROGRAM.—Subject to the conditions of this
subsection, the Secretary may make grants to any
State or other implementing agency bordering Can-
ada or Mexico to improve the safe movement of peo-
ple and goods at or across such border. Such grants
shall be used to develop project plans, and imple-
ment coordinated and comprehensive programs of
projects, to improve border efficiency and safety.
Such plans and programs may include improvements
to existing transport and supporting infrastructure;
selective new infrastructure construction; improve-
ments in operational strategies, including, but not
limited to, electronic data interchange and use of
telecommunications to expedite vehicle and cargo
movement; modifications to regulatory procedures to
expedite vehicle and cargo flow; and other institu-
tional improvements, such as coordination of bina-
tional planning, programming, and border operation,
with special emphasis on coordination with other
Federal agencies responsible for inspection of vehi-
cles, cargo, and persons crossing international bor-
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ders, and their counterpart agencies in Canada and
Mexico. Grants shall apply only to groupings of bor-
der crossings defined by proximity and similarity of
trade, referred to as gateways in this section.
(2) NUMBER AND AMOUNT OF GRANTS.—The
Secretary may make up to eight grants to States
and other implementing agencies under this section,
including a minimum of two grants for projects on
the United States/Mexico border and two grants on
the United States/Canada border. No single grant
authorized 
under 
this 
section 
shall 
exceed
$40,000,000.
(3) GRANT ELIGIBILITY.—Each State or other
implementing agency seeking a grant under this sub-
section shall submit a proposal that includes strate-
gies to involve both the public and private sectors in
the proposed project. Grants shall be made on the
basis of—
(A) expected reduction in commercial and
other travel time through a major international
gateway as a result of the project;
(B) leveraging of Federal funds provided
under this section, including use of innovative
financing, combination with funding provided
under other sections of this Act, and/or com-
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bination with other sources of Federal, State/
local, or private funding;
(C) improvements in vehicle and highway
safety and cargo security in and through the
gateway;
(D) degree of binational involvement in the
project, and demonstrated coordination with
other Federal agencies responsible for inspec-
tion of vehicles, cargo, and persons crossing
international borders, and their counterpart
agencies in Canada and Mexico;
(E) the extent to which the innovative and
problem solving techniques of the proposed
project would be applicable to other inter-
national border crossings;
(F) demonstrated local commitment to im-
plement and sustain continuing comprehensive
border planning processes and improvement
programs;
(G) improved use of existing, underutilized
border crossing facilities and approaches; and
(H) other factors as determined by the
Secretary to promote border transport efficiency
and safety.
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(d) FUNDING.—There are authorized to be appro-
priated out of the Highway Trust Fund (other than the
Mass Transit Account) $45,000,000 for each of fiscal
years 1998 through 2003 to carry out this section. Such
sums shall remain available until expended. Of such
sums—
(1) $1,400,000 shall be made available for each
of fiscal years 1998 through 2003 under subsection
(a) for border crossing planning incentive grants,
but no State or metropolitan planning organization
shall receive more than $100,000 in any fiscal year;
and
(2) $3,000,000 to be made available in each of
fiscal years 1998, 1999, 2000, 2001, 2002, and
2003 under subsection (b) for trade corridor plan-
ning incentive grants.
(e) FEDERAL SHARE.—
(1) BORDER GATEWAY PILOT PROGRAM.—The
funds authorized under subsection (d) of this section
for any border gateway pilot program project may be
used to match other Federal-aid highway funds oth-
erwise eligible for such project, but the funds au-
thorized under subsection (d) for any project shall
not exceed 50 percent of the cost of such project.
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(2) BORDER CROSSING AND TRADE CORRIDOR
PLANNING INCENTIVE GRANTS.—The Federal share
payable on account of any border crossing planning
or trade corridor planning incentive project under
this section shall be determined in accordance with
section 120 of title 23, United States Code.
SEC. 1031. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM.
(a) AVAILABILITY, RELEASE, AND REALLOCATION OF
FUNDS.—Section 201(a) of title 40, U.S.C. App., is
amended in the second sentence by inserting after ‘‘and
roads’’ the following: ‘‘, provided that allocations to a
State shall remain available for expenditure in such State
for the fiscal year in which they are allocated and for 3
succeeding fiscal years. Funds not expended by a State
during these 4 fiscal years shall be released to the Appa-
lachian Regional Commission for reallocation.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
201 of such title is further amended—
(1) by redesignating subsection (g) as para-
graph (g)(1); and
(2) by inserting at the end of paragraph (g)(1),
as so redesignated, the following new paragraphs:
‘‘(2) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM.—For the continued construction of the Ap-
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palachian development highway system approved as
of September 30, 1996, in accordance with this sec-
tion, there are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass
Transit Account) $200,000,000 for fiscal year 1998,
$290,000,000 for fiscal year 1999, $350,000,000 for
fiscal year 2000, $400,000,000 for fiscal year 2001,
$450,000,000 
for 
fiscal 
year 
2002, 
and
$500,000,000 for fiscal year 2003, and the Sec-
retary shall provide equivalent amounts of obligation
authority for such funds.
‘‘(3) CONTRACT
AUTHORITY.—Funds author-
ized by this section shall be available for obligation
in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States
Code, except that the Federal share shall be deter-
mined in accordance with this section and such
funds shall remain available until expended.’’.
(c) 
FEDERAL
SHARE
FOR
PRE-FINANCED
PROJECTS.—Section 201(h)(1) of such title is amended
by striking ‘‘70’’ and inserting ‘‘80’’.
(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—
Section 201 of such title is amended by adding at the end
the following new subsection:
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‘‘(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. 1032. VALUE PRICING PILOT PROGRAM.
(a) VALUE
PRICING
PILOT
PROGRAM.—Section
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note, 105 Stat. 1938)
is amended—
(1) in the subsection heading by striking ‘‘CON-
GESTION’’ and inserting ‘‘VALUE’’; and
(2) in paragraph (1) by striking ‘‘congestion’’
each place it appears and inserting ‘‘value’’.
(b) INCREASED NUMBER
OF PROJECTS.—Section
1012(b)(1) of such Act is amended by striking ‘‘5’’ and
inserting ‘‘15’’.
(c) 
INCREASED
FEDERAL
SHARE.—Section
1012(b)(2) of such Act is amended by striking ‘‘be 80’’
and inserting ‘‘not exceed 100’’.
(d) ELIGIBILITY OF PRE-IMPLEMENTATION COSTS.—
Section 1012(b)(2) of such Act is further amended—
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(1) by adding after ‘‘Secretary shall fund’’ the
following: ‘‘all pre-implementation costs, including
public education and project design, and’’; and
(2) by adding after ‘‘Secretary may not fund’’
the following: ‘‘the implementation costs of’’.
(e) CONFORMING AMENDMENTS.—Section 1012(b)
of such Act is further amended—
(1) in paragraph (1) by striking ‘‘projects’’
each place it appears and inserting ‘‘programs’’; and
(2) in paragraph (5)—
(A) by striking ‘‘projects’’ and inserting
‘‘programs’’; and
(B) by striking ‘‘traffic, volume’’ and in-
serting ‘‘traffic volume’’.
(f) ELIGIBLE USES OF TOLL REVENUES.—Section
1012(b)(3) of such Act is amended by striking ‘‘must be
applied to projects eligible under such title’’ and inserting
‘‘may be applied to any project serving a surface transpor-
tation purpose’’.
(g) TOLLING.—Section 1012(b)(4) of such Act is
amended by striking ‘‘a pilot program under this section,
but not on any more than 3 of such programs’’ and insert-
ing ‘‘any value pricing pilot program under this section’’.
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(h) EFFECT ON LOW INCOME DRIVERS.—(1) Section
1012(b)(5) of such Act is amended by inserting after ‘‘air
quality,’’ the following: ‘‘low income drivers’’; and
(2) Section 1012(b) of such Act is further amended
by adding at the end the following new paragraph:
‘‘(7) Any value pricing pilot program funded
under this subsection shall fully consider the poten-
tial effects of value pricing projects on drivers of all
income levels and shall develop mitigation measures
to deal with potential adverse effects on low income
drivers.’’.
(i) FUNDING.—Section 1012(b)(6) of such Act is re-
vised to read as follows:
‘‘(6) There are authorized to be appropriated
out of the Highway Trust Fund (other than the
Mass Transit Account) $14,000,000 for each of fis-
cal years 1998, 1999, 2000, 2001, 2002, and 2003
to carry out the requirements of this subsection.
Funds allocated by the Secretary under this para-
graph remain available for obligation by the State
for a period of three years after the last day of the
fiscal year for which such funds are authorized. Any
amounts so allocated under this paragraph that re-
main unobligated at the end of such period and any
amounts authorized under this paragraph that re-
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main unallocated by the end of such period shall be
transferred to a State’s apportionment under section
104(b)(3) of such title and shall be treated in the
same manner as other funds apportioned under such
section.’’.
(j) HOV PASSENGER
REQUIREMENTS.—Section
1012(b) of such Act is further amended by adding at the
end the following new paragraph:
‘‘(8) Notwithstanding section 102 of title 23,
United States Code, any State may permit vehicles
with fewer than 2 occupants to operate in high occu-
pancy vehicle lanes if such vehicles are part of a
value pricing program funded under this sub-
section.’’.
(k) CONTRACT AUTHORITY.—Section 1012(b) of
such Act is further amended by adding at the end the fol-
lowing new paragraph:
‘‘(9) Funds authorized by this subsection shall
be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal
share of the cost of any project under this sub-
section and the availability of funds authorized by
this subsection shall be determined in accordance
with this subsection.’’.
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SEC. 1033. HIGHWAY USE TAX EVASION PROJECTS.
Section 1040 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 101 note; 105
Stat. 1992) is amended—
(1) in subsection (a) by striking ‘‘subsection
(e)’’ and inserting ‘‘subsection (d)’’;
(2) by striking subsections (d), (e), and (f);
(3) by redesignating subsection (g) as sub-
section (e); and
(4) by inserting a new subsection (d) to read as
follows:
‘‘(d) FUNDING.—There shall be available to the Sec-
retary for carrying out this section, out of the Highway
Trust Fund (other than the Mass Transit Account),
$5,000,000 for each of fiscal years 1998, 1999, 2000,
2001, 2002, and 2003. Such funds shall be available for
obligation in the same manner and to the same extent as
if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share for
projects carried out under this section shall be 100 per-
cent, and such funds shall remain available for obligation
for a period of one year after the last day of the fiscal
year for which the funds are authorized.’’.
SEC. 1034. PUBLIC NOTICE OF RAILBANKING.
For any project to convert a railroad right-of-way
preserved in accordance with subsection 1247(d) of title
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16, United States Code, into a trail, a State shall provide
public notice at the time of application for an interim trail
use certificate in the same manner as required for a notice
of rail abandonment.
TITLE II—HIGHWAY SAFETY
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘Highway Safety Act
of 1997’’.
SEC. 2002. HIGHWAY SAFETY PROGRAMS.
(a) UNIFORM GUIDELINES.—Section 402(a) of title
23, United States Code, is amended—
(1) by striking the fifth sentence; and
(2) by striking ‘‘section 4007’’ and inserting
‘‘section 4004’’.
(b) 
ADMINISTRATIVE
REQUIREMENTS.—Section
402(b) of such title is amended—
(1) in paragraph (1) by striking the period at
the end of each of subparagraphs (A) and (B) and
inserting a semicolon;
(2) in paragraph (1)(C) by inserting ‘‘, includ-
ing Indian tribes,’’ after ‘‘subdivisions of such
State’’;
(3) in paragraph (1)(C) by striking the period
at the end and inserting ‘‘; and’’;
(4) by striking paragraph (1)(E); and
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(5) by striking paragraphs (3) and (4) and re-
designating paragraph (5) as paragraph (3).
(c) APPORTIONMENT OF FUNDS.—Section 402(c) of
such title is amended—
(1) in the 6th sentence by inserting ‘‘the appor-
tionment to the Secretary of the Interior shall not
be less than three-fourths of 1 percent of the total
apportionment and’’ after ‘‘except that’’; and
(2) by striking the 7th and 8th sentences.
(d) APPLICATION
IN INDIAN COUNTRY.—Section
402(i) of such title is amended to read as follows:
‘‘(i) APPLICATION IN INDIAN COUNTRY.—
‘‘(1) IN GENERAL.—For the purpose of applica-
tion of this section in Indian country, the terms
‘State’ and ‘Governor of a State’ include the Sec-
retary of the Interior and the term ‘political subdivi-
sion of a State’ includes an Indian tribe. Notwith-
standing the provisions of subparagraph (b)(1)(C) of
this section, 95 percent of the funds apportioned to
the Secretary of the Interior under this section shall
be expended by Indian tribes to carry out highway
safety programs within their jurisdictions. The pro-
visions of subparagraph (b)(1)(D) of this section
shall be applicable to Indian tribes, except to those
tribes with respect to which the Secretary deter-
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mines that application of such provisions would not
be practicable.
‘‘(2) INDIAN COUNTRY DEFINED.—For the pur-
poses of this subsection, the term ‘Indian country’
means—
‘‘(A) all land within the limits of any In-
dian reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation;
‘‘(B) all dependent Indian communities
within the borders of the United States whether
within the original or subsequently acquired ter-
ritory thereof and whether within or without
the limits of a State; and
‘‘(C) all Indian allotments, the Indian ti-
tles to which have not been extinguished, in-
cluding rights-of-way running through such al-
lotments.’’.
(e) RULEMAKING PROCESS.—Section 402(j) of such
title is amended to read as follows:
‘‘(j) RULEMAKING PROCESS.—The Secretary may
from time to time conduct a rulemaking process to identify
highway safety programs that are highly effective in re-
ducing motor vehicle crashes, injuries and deaths. Any
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such rulemaking shall take into account the major role of
the States in implementing such programs. When a rule
promulgated in accordance with this section takes effect,
States shall consider these highly effective programs when
developing their highway safety programs.’’.
(f) SAFETY INCENTIVE GRANTS.—Section 402(k) of
such title is amended to read as follows:
‘‘(k)(1) SAFETY INCENTIVE GRANTS: GENERAL AU-
THORITY.—The Secretary shall make a grant to a State
that takes specific actions to advance highway safety
under subsection (l), (m), (n), or (o) of this section. A
State may qualify for more than one grant and shall re-
ceive a separate grant for each subsection for which it
qualifies. Such grants may only be used by recipient
States to implement and enforce, as appropriate, the pro-
grams for which the grants are awarded.
‘‘(2) MAINTENANCE OF EFFORT.—No grant may be
made to a State under subsection (l), (m), (n), or (o) of
this section in any fiscal year unless such State enters into
such agreements with the Secretary as the Secretary may
require to ensure that such State will maintain its aggre-
gate expenditures from all other sources for the specific
actions for which a grant is provided at or above the aver-
age level of such expenditures in its 2 fiscal years preced-
ing the date of the enactment of this subsection.
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‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FEDERAL
SHARE FOR GRANTS.—Each grant under subsection (l),
(m), (n), or (o) of this section shall be available for not
more than 6 fiscal years beginning in the fiscal year after
September 30, 1997, in which the State becomes eligible
for the grant. The Federal share payable for any grant
under subsection (l), (m), (n), or (o) shall not exceed—
‘‘(A) in the first and second fiscal years in
which the State receives the grant, 75 percent of the
cost of implementing and enforcing, as appropriate,
in such fiscal year a program adopted by the State;
‘‘(B) in the third and fourth fiscal years in
which the State receives the grant, 50 percent of the
cost of implementing and enforcing, as appropriate,
in such fiscal year such program; and
‘‘(C) in the fifth and sixth fiscal years in which
the State receives the grant, 25 percent of the cost
of implementing and enforcing, as appropriate, in
such fiscal year such program.
‘‘(l) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES: BASIC GRANT ELIGIBILITY.—The Secretary
shall make grants to those States that adopt and imple-
ment effective programs to reduce traffic safety problems
resulting from persons driving under the influence of alco-
hol. A State shall become eligible for one or more of three
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basic grants under this subsection by adopting or dem-
onstrating the following to the satisfaction of the Sec-
retary:
‘‘(1) BASIC GRANT A.—At least 4 of the follow-
ing:
‘‘(A) ADMINISTRATIVE
LICENSE
REVOCA-
TION.—An administrative driver’s license sus-
pension or revocation system for persons who
operate motor vehicles while under the influence
of alcohol which requires that—
‘‘(i) in the case of a person who, in
any 5-year period beginning after the date
of enactment of this subsection, is deter-
mined on the basis of a chemical test to
have been operating a motor vehicle under
the influence of alcohol or is determined to
have refused to submit to such a test as
proposed by a law enforcement officer, the
State agency responsible for administering
drivers’ licenses, upon receiving the report
of the law enforcement officer—
‘‘(I) shall suspend the driver’s li-
cense of such person for a period of
not less than 90 days if such person
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is a first offender in such 5-year pe-
riod; and
‘‘(II) shall suspend the driver’s li-
cense of such person for a period of
not less than 1 year, or revoke such li-
cense, if such person is a repeat of-
fender in such 5-year period; and
‘‘(ii) the suspension and revocation re-
ferred to under clause (A)(i) of this sub-
paragraph shall take effect not later than
30 days after the day on which the person
refused to submit to a chemical test or re-
ceived notice of having been determined to
be driving under the influence of alcohol,
in accordance with the State’s procedures.
‘‘(B) UNDERAGE
DRINKING
PROGRAM.—
An effective system, as determined by the Sec-
retary, for preventing operators of motor vehi-
cles under age 21 from obtaining alcoholic bev-
erages. Such system may include the issuance
of drivers’ licenses to individuals under age 21
that are easily distinguishable in appearance
from drivers’ licenses issued to individuals age
21 years of age or older.
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‘‘(C) STOPPING
MOTOR
VEHICLES.—Ei-
ther—
‘‘(i) A statewide program for stopping
motor vehicles on a nondiscriminatory,
lawful basis for the purpose of determining
whether the operators of such motor vehi-
cles are driving while under the influence
of alcohol, or
‘‘(ii) a statewide Special Traffic En-
forcement Program for impaired driving
that emphasizes publicity for the program.
‘‘(D) 
REPEAT
OFFENDERS.—Effective
sanctions for repeat offenders convicted of driv-
ing under the influence of alcohol. Such sanc-
tions, as determined by the Secretary, may in-
clude electronic monitoring; alcohol interlocks;
intensive supervision of probation; vehicle im-
poundment, confiscation, or forfeiture; and
dedicated detention facilities.
‘‘(E) GRADUATED LICENSING SYSTEM.—A
three-stage graduated licensing system for
young drivers that includes nighttime driving
restrictions during the first two stages, requires
all vehicle occupants to be properly restrained,
and makes it unlawful for a person under age
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21 to operate a motor vehicle with a blood alco-
hol concentration of .02 percent or greater.
‘‘(2) BASIC GRANT B.—Both of the following:
‘‘(A) ADMINISTRATIVE
LICENSE
REVOCA-
TION.—An administrative driver’s license sus-
pension or revocation system for persons who
operate motor vehicles while under the influence
of alcohol which requires that—
‘‘(i) in the case of a person who, in
any 5-year period beginning after the date
of enactment of this subsection, is deter-
mined on the basis of a chemical test to
have been operating a motor vehicle under
the influence of alcohol or is determined to
have refused to submit to such a test as
requested by a law enforcement officer, the
State agency responsible for administering
drivers’ licenses, upon receiving the report
of the law enforcement officer—
‘‘(I) shall suspend the driver’s li-
cense of such person for a period of
not less than 90 days if such person
is a first offender in such 5-year pe-
riod; and
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‘‘(II) shall suspend the driver’s li-
cense of such person for a period of
not less than 1 year, or revoke such li-
cense, if such person is a repeat of-
fender in such 5-year period; and
‘‘(ii) the suspension and revocation re-
ferred to under clause (A)(i) of this sub-
paragraph shall take effect not later than
30 days after the day on which the person
refused to submit to a chemical test or re-
ceives notice of having been determined to
be driving under the influence of alcohol,
in accordance with the State’s procedures;
and
‘‘(B) .08 BAC PER SE LAW.—A law that
provides that any person with a blood alcohol
concentration of 0.08 percent or greater while
operating a motor vehicle shall be deemed to be
driving while intoxicated.
‘‘(3) BASIC GRANT C.—Both of the following:
‘‘(A) FATAL IMPAIRED DRIVER PERCENT-
AGE REDUCTION.—The percentage of fatally in-
jured drivers with 0.10 percent or greater blood
alcohol concentration in the State has decreased
in each of the 3 most recent calendar years for
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which statistics for determining such percent-
ages are available; and
‘‘(B) FATAL IMPAIRED DRIVER PERCENT-
AGE
COMPARISON.—The percentage of fatally
injured drivers with 0.10 percent or greater
blood alcohol concentration in the State has
been lower than the average percentage for all
States in each of such calendar years.
‘‘(4) BASIC GRANT AMOUNT.—The amount of
each basic grant under this subsection for any fiscal
year shall be up to 15 percent of the amount appor-
tioned to the State for fiscal year 1997 under sec-
tion 402 of this title.
‘‘(5) ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES: SUPPLEMENTAL
GRANTS.—During the
period in which a State is eligible for a basic grant
under this subsection, the State shall be eligible to
receive a supplemental grant in no more than two
fiscal years of up to 5 percent of the amount appor-
tioned to the State in fiscal year 1997 under section
402 of this title. The State may receive a separate
supplemental grant for meeting each of the following
criteria:
‘‘(A) OPEN CONTAINER LAWS.—The State
makes unlawful the possession of any open alco-
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holic beverage container, or the consumption of
any alcoholic beverage, in the passenger area of
any motor vehicle located on a public highway
or the right-of-way of a public highway, ex-
cept—
‘‘(i) as allowed in the passenger area,
by a person (other than the driver), of any
motor vehicle designed to transport more
than 10 passengers (including the driver)
while being used to provide charter trans-
portation of passengers; or
‘‘(ii) as otherwise specifically allowed
by such State, with the approval of the
Secretary, but in no event may the driver
of such motor vehicle be allowed to possess
or consume an alcoholic beverage in the
passenger area.
‘‘(B) MANDATORY BLOOD ALCOHOL CON-
CENTRATION TESTING PROGRAMS.—The State
provides for mandatory blood alcohol concentra-
tion testing whenever a law enforcement officer
has probable cause under State law to believe
that a driver of a motor vehicle involved in a
crash resulting in the loss of human life or, as
determined by the Secretary, serious bodily in-
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jury, has committed an alcohol-related traffic
offense.
‘‘(C) VIDEO EQUIPMENT FOR DETECTION
OF DRUNK DRIVERS.—The State provides for a
program to acquire video equipment to be used
in detecting persons who operate motor vehicles
while under the influence of alcohol and in
prosecuting those persons, and to train person-
nel in the use of that equipment.
‘‘(D) BLOOD
ALCOHOL
CONCENTRATION
FOR PERSONS UNDER AGE 21.—The State en-
acts and enforces a law providing that any per-
son under age 21 with a blood alcohol con-
centration of 0.02 percent or greater when driv-
ing a motor vehicle shall be deemed to be driv-
ing while intoxicated or driving under the influ-
ence of alcohol, and further provides for a mini-
mum suspension of the person’s driver’s license
for not less than 30 days.
‘‘(E) SELF-SUSTAINING
DRUNK
DRIVING
PREVENTION
PROGRAM.—The State provides
for a self-sustaining drunk driving prevention
program under which a significant portion of
the fines or surcharges collected from individ-
uals apprehended and fined for operating a
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motor vehicle while under the influence of alco-
hol are returned to those communities which
have comprehensive programs for the preven-
tion of such operations of motor vehicles.
‘‘(F) REDUCING
DRIVING
WITH
A
SUS-
PENDED LICENSE.—The State enacts and en-
forces a law to reduce driving with a suspended
license. Such law, as determined by the Sec-
retary, may require a ‘‘zebra’’ stripe that is
clearly visible on the license plate of any motor
vehicle owned and operated by a driver with a
suspended license.
‘‘(G) EFFECTIVE
DWI
TRACKING
SYS-
TEM.—The State demonstrates an effective
driving while intoxicated (DWI) tracking sys-
tem. Such a system, as determined by the Sec-
retary, may include data covering arrests, case
prosecutions, court dispositions and sanctions,
and provide for the linkage of such data and
traffic records systems to appropriate jurisdic-
tions and offices within the State.
‘‘(H) ASSESSMENT
OF
PERSONS
CON-
VICTED
OF
ABUSE
OF
CONTROLLED
SUB-
STANCES; ASSIGNMENT
OF
TREATMENT
FOR
ALL DWI/DUI OFFENDERS.—The State provides
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for assessment of individuals convicted of driv-
ing while intoxicated or driving under the influ-
ence of alcohol or controlled substances, and for
the assignment of appropriate treatment.
‘‘(I) USE
OF
PASSIVE
ALCOHOL
SEN-
SORS.—The State provides for a program to ac-
quire passive alcohol sensors to be used by po-
lice officers in detecting persons who operate
motor vehicles while under the influence of alco-
hol, and to train police officers in the use of
that equipment.
‘‘(J) EFFECTIVE PENALTIES FOR PROVI-
SION
OR
SALE
OF
ALCOHOL
TO
PERSONS
UNDER 21.—The State enacts and enforces a
law that provides for effective penalties or other
consequences for the sale or provision of alco-
holic beverages to any individual under 21 years
of age.
‘‘(6) DEFINITIONS.—For the purposes of this
subsection, the following definitions apply:
‘‘(A) ‘Alcoholic beverage’ has the meaning
such term has under section 158(c) of this title.
‘‘(B) ‘Controlled substances’ has the mean-
ing such term has under section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)).
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‘‘(C) ‘Motor vehicle’ means a vehicle driven
or drawn by mechanical power and manufac-
tured primarily for use on public streets, roads,
and highways, but does not include a vehicle op-
erated only on a rail line.
‘‘(D) ‘Open alcoholic beverage container’
means any bottle, can, or other receptacle—
‘‘(i) which contains any amount of an
alcoholic beverage; and
‘‘(ii)(I) which is open or has a broken
seal, or
‘‘(II) the contents of which are par-
tially removed.
‘‘(m) OCCUPANT PROTECTION: BASIC GRANT ELIGI-
BILITY.—The Secretary shall make basic grants to those
States that adopt and implement effective programs to re-
duce highway deaths and injuries resulting from persons
riding unrestrained or improperly restrained in motor ve-
hicles. A State may establish its eligibility for one or both
of the grants by adopting or demonstrating the following
to the satisfaction of the Secretary:
‘‘(1) BASIC GRANT A.—At least 4 of the follow-
ing:
‘‘(A) SAFETY
BELT
USE
LAW
FOR
ALL
FRONT SEAT PASSENGERS.—The State has in
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effect a safety belt use law that makes unlawful
throughout the State the operation of a pas-
senger motor vehicle whenever a person in the
front seat of the vehicle (other than a child who
is secured in a child restraint system) does not
have a safety belt properly secured about the
person’s body.
‘‘(B) PRIMARY SAFETY BELT USE LAW OR
PENALTY POINTS.—The State provides for pri-
mary enforcement of its safety belt use law or
provides for the imposition of penalty points
against a person’s driver’s license for a violation
of its safety belt use law.
‘‘(C) 
CHILD
PASSENGER
PROTECTION
LAW.—The State has in effect a law that re-
quires any child up to 4 years of age who is
riding in a passenger motor vehicle to be prop-
erly secured in a child safety seat.
‘‘(D) MINIMUM
FINES.—The State re-
quires a minimum fine of at least $25 for viola-
tions of its safety belt use law and a minimum
fine of at least $25 for violations of its child
passenger protection law.
‘‘(E) SPECIAL
TRAFFIC
ENFORCEMENT
PROGRAM.—The State demonstrates implemen-
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tation of a statewide Special Traffic Enforce-
ment Program for occupant protection that em-
phasizes publicity for the program.
‘‘(2) BASIC GRANT B.—Both of the following:
‘‘(A) STATE SAFETY BELT USE RATE.—
The State demonstrates a statewide safety belt
use rate in both front outboard seating posi-
tions in all passenger motor vehicles of 80 per-
cent or higher in each of the first three years
a grant under this paragraph is received, and of
85 percent or higher in each of the fourth, fifth,
and sixth years a grant under this paragraph is
received.
‘‘(B) SURVEY METHOD.—The State follows
safety belt use survey methods which conform
to guidelines issued by the Secretary ensuring
that such measurements are accurate and rep-
resentative.
‘‘(3) BASIC GRANT AMOUNT.—The amount of
each basic grant for which a State qualifies under
this subsection for any fiscal year shall equal up to
20 percent of the amount apportioned to the State
for fiscal year 1997 under section 402 of this title.
‘‘(4) OCCUPANT
PROTECTION
PROGRAM: SUP-
PLEMENTAL GRANTS.—During the period in which a