SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Building Efficient Surface Transportation and Equity
Act of 1998’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I—FEDERAL-AID HIGHWAYS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Obligation ceiling.
Sec. 104. Apportionments.
Sec. 105. Interstate maintenance program.
Sec. 106. National Highway System.
Sec. 107. Highway bridge program.
Sec. 108. Surface transportation program.
Sec. 109. Congestion mitigation and air quality improvement program.
Sec. 110. High risk road safety improvement program.
Sec. 111. Minimum allocation.
Sec. 112. Appalachian Development Highway System.
Sec. 113. High cost Interstate System reconstruction and improvement
program.
Sec. 114. Recreational trails program.
Sec. 115. National corridor planning and development program.
Sec. 116. Coordinated border infrastructure and safety program.
Sec. 117. Federal lands highways program.
Sec. 118. National scenic byways program.
Sec. 119. Variable pricing pilot program.
Sec. 120. Toll roads, bridges, and tunnels.
Sec. 121. Construction of ferry boats and ferry terminal facilities.
Sec. 122. Highway use tax evasion projects.
Sec. 123. Performance bonus program.
Sec. 124. Metropolitan planning.
Sec. 125. Statewide planning.
Sec. 126. Roadside safety technologies.
Sec. 127. Discretionary program authorizations.
Sec. 128. Woodrow Wilson Memorial Bridge.
Sec. 129. Training.
Sec. 130. Transportation assistance for Olympic cities.
Sec. 131. National Defense Highways.
Sec. 132. Miscellaneous surface transportation programs.
Sec. 133. Eligibility.
Sec. 134. Fiscal, administrative, and other amendments.
Sec. 135. Access of motorcycles.
Sec. 136. Amendments to prior surface transportation authorization laws.
Sec. 137. Bicycle transportation and pedestrian walkways.
Sec. 138. Hazard elimination program.
Sec. 139. Project administration.
Sec. 140. Contracting for engineering and design services.
Sec. 141. Commercial motor vehicle study.
Sec. 142. New York Avenue Transportation Development Authority.
Sec. 143. Definitions.
Sec. 144. Substitute project.
Sec. 145. Use of HOV lanes by electric vehicles.
TITLE II—HIGHWAY SAFETY
Sec. 201. Amendments to title 23, United States Code.
Sec. 202. Highway safety programs.
Sec. 203. Highway safety research and development.
Sec. 204. Occupant protection incentive grants.
Sec. 205. Alcohol-impaired driving countermeasures.
Sec. 206. State highway safety data improvements.
Sec. 207. National Driver Register.
Sec. 208. Safety studies.
Sec. 209. Effectiveness of laws establishing maximum blood alcohol concentra-
tions.
Sec. 210. Authorizations of appropriations.
Sec. 211. Transportation injury research.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 301. Amendments to title 49, United States Code.
Sec. 302. Definitions.
Sec. 303. Metropolitan planning.
Sec. 304. Transportation improvement program.
Sec. 305. Transportation management areas.
Sec. 306. Urbanized area formula grants.
Sec. 307. Mass Transit Account block grants.
Sec. 308. Capital program grants and loans.
Sec. 309. Dollar value of mobility improvements.
Sec. 310. Formula grants and loans for special needs of elderly individuals and
individuals with disabilities.
Sec. 311. Formula program for other than urbanized areas.
Sec. 312. Research, development, demonstration, and training projects.
Sec. 313. National planning and research programs.
Sec. 314. National transit institute.
Sec. 315. University research institutes.
Sec. 316. Transportation centers.
Sec. 317. Bus testing facilities.
Sec. 318. Bicycle facilities.
Sec. 319. General provisions on assistance.
Sec. 320. Contract requirements.
Sec. 321. Special procurements.
Sec. 322. Project management oversight and review.
Sec. 323. Study on alcohol and controlled substances random testing rate cal-
culation.
Sec. 324. Administrative procedures.
Sec. 325. Reports and audits.
Sec. 326. Apportionment of appropriations for formula grants.
Sec. 327. Apportionment of appropriations for fixed guideway modernization.
Sec. 328. Authorizations.
Sec. 329. Obligation ceiling.
Sec. 330. Access to jobs challenge grant pilot program.
Sec. 331. Adjustments for the Surface Transportation Extension Act of 1997.
Sec. 332. Projects for new fixed guideway systems and extensions to existing
systems.
Sec. 333. Projects for bus and bus-related facilities.
Sec. 334. Project management oversight.
Sec. 335. Privatization.
Sec. 336. School transportation safety.
Sec. 337. Urbanized area formula study.
Sec. 338. Coordinated transportation services.
Sec. 339. Final assembly of buses.
Sec. 340. Clean fuel vehicles.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 401. Amendments to title 49, United States Code.
Sec. 402. State grants.
Sec. 403. Information systems.
Sec. 404. Automobile transporter defined.
Sec. 405. Inspections and reports.
Sec. 406. Exemptions and pilot programs.
Sec. 407. Safety regulation.
Sec. 408. Improved interstate school bus safety.
Sec. 409. Repeal of certain obsolete miscellaneous authorities.
Sec. 410. Commercial vehicle operators.
Sec. 411. Interim border safety improvement program.
Sec. 412. Vehicle weight enforcement.
Sec. 413. Participation in international registration plan and international fuel
tax agreement.
Sec. 414. Telephone hotline for reporting safety violations.
Sec. 415. Insulin treated diabetes mellitus.
Sec. 416. Performance-based CDL testing.
Sec. 417. Postaccident alcohol testing.
Sec. 418. Driver fatigue.
Sec. 419. Safety fitness.
Sec. 420. Hazardous materials transportation regulation and farm service vehi-
cles.
Sec. 421. Truck trailer conspicuity.
Sec. 422. DOT implementation plan.
Sec. 423. Electronic data study.
TITLE V—PROGRAMMATIC REFORMS AND STREAMLINING
Sec. 501. Project approval and oversight.
Sec. 502. Environmental streamlining.
Sec. 503. Major investment study integration.
Sec. 504. Financial plan.
Sec. 505. Uniform transferability of Federal-aid highway funds.
Sec. 506. Discretionary grant selection criteria and process.
Sec. 507. Elimination of regional office responsibilities.
Sec. 508. Authority for Congress to make midcourse corrections to the highway
and transit programs.
TITLE VI—TRANSPORTATION RESEARCH
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Applicability of title 23.
Sec. 603. Transfers of funds.
Sec. 604. Notice.
Sec. 605. Sense of the Congress on the year 2000 problem.
Subtitle A—Surface Transportation Research, Technology, and Education
PART I—HIGHWAY RESEARCH
Sec. 611. Research.
Sec. 612. State planning and research.
Sec. 613. International highway transportation outreach program.
PART II—TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND
TECHNOLOGY DEPLOYMENT
Sec. 621. National Highway Institute.
Sec. 622. National technology deployment initiative.
Sec. 623. Education and training programs.
Sec. 624. University transportation research.
Sec. 625. Funding allocations.
PART III—BUREAU OF TRANSPORTATION STATISTICS AND MISCELLANEOUS
PROGRAMS
Sec. 631. Bureau of Transportation Statistics.
Sec. 632. Transportation technology innovation and demonstration program.
Sec. 633. Transportation research and technology development.
Subtitle B—Intelligent Transportation Systems
Sec. 651. Definitions.
Sec. 652. Scope of program.
Sec. 653. General authorities and requirements.
Sec. 654. National ITS program plan.
Sec. 655. Technical assistance, planning, research, and operational tests.
Sec. 656. ITS deployment.
Sec. 657. Funding allocations.
Sec. 658. Global positioning satellite data.
Sec. 659. Repeal.
TITLE VII—TRUTH IN BUDGETING
Sec. 701. Budgetary treatment of Highway Trust Fund.
Sec. 702. Applicability.
TITLE VIII—RECREATIONAL BOATING SAFETY PROGRAM
Sec. 801. Short title.
Sec. 802. Amendments relating to recreational boating safety program.
Sec. 803. Amendment of National Sea Grant College Program Act.
TITLE IX—RAILROADS
Sec. 901. High-speed rail.
Sec. 902. Light density rail line pilot projects.
Sec. 903. Miami-Orlando-Tampa corridor project.
Sec. 904. Alaska Railroad.
Sec. 905. Railway-highway crossing hazard elimination in high speed rail cor-
ridors.
Sec. 906. Railroad rehabilitation and improvement financing.
TITLE X—CONDITIONS FOR IMPLEMENTATION OF FUNDING
Sec. 1001. Conditions for implementation of funding.
Sec. 1002. Sense of the Congress with respect to veterans programs.
TITLE XI—EXTENSION AND MODIFICATION OF HIGHWAY-
RELATED TAXES AND TRUST FUND
Sec. 1101. Short title; amendment of 1986 Code.
Sec. 1102. Extension of highway-related taxes and trust fund.
Sec. 1103. Modifications to Highway Trust Fund.
Sec. 1104. Provisions relating to Aquatic Resources Trust Fund.
Sec. 1105. Repeal of excise tax on tires.
Sec. 1106. Repeal of 4.3 cent excise tax on diesel fuel and gasoline used in
trains.
Sec. 1107. Delay in effective date of new requirement for approved diesel or
kerosene terminals.
Sec. 1108. Simplified fuel tax refund procedures.
Sec. 1109. Repeal of National Recreational Trails Trust Fund.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) INTERSTATE
SYSTEM.—The term ‘‘Inter-
state System’’ has the meaning such term has under
section 101 of title 23, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 3. SAVINGS CLAUSE.
Except as otherwise provided in this Act, an amend-
ment made by this Act shall not affect any funds appor-
tioned or allocated before the date of the enactment of
this Act.
TITLE I—FEDERAL-AID
HIGHWAYS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title and title V an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
other provision of law, the reference shall be considered
to be made to a section or other provision of title 23,
United States Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code,
$4,019,500,000 
for 
fiscal 
year 
1998,
$4,462,600,000 
for 
fiscal 
year 
1999, 
and
$5,006,200,000 for each of fiscal years 2000
through 2003.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of such
title 
$4,978,500,000 
for 
fiscal 
year 
1998,
$5,520,500,000 
for 
fiscal 
year 
1999, 
and
$6,186,500,000 for each of fiscal years 2000
through 2003.
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram under section 144 of such title $3,777,600,000
for fiscal year 1998, $4,194,000,000 for fiscal year
1999, and $4,704,800,000 for each of fiscal years
2000 through 2003.
(4) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of such title $5,601,400,000 for fiscal year
1998, $6,218,900,000 for fiscal year 1999, and
$6,976,300,000 for each of fiscal years 2000
through 2003.
(5) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under
section 149 of such title $1,406,800,000 for fiscal
year 1998, $1,561,900,000 for fiscal year 1999, and
$1,752,200,000 for each of fiscal years 2000
through 2003.
(6) HIGH
RISK
ROAD
SAFETY
IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program under section 154 of such title
$750,000,000 for fiscal year 1998, $1,000,000,000
for fiscal year 1999, and $1,000,000,000 for each of
fiscal years 2000 through 2003.
(7) HIGH COST INTERSTATE SYSTEM RECON-
STRUCTION AND IMPROVEMENT PROGRAM.—For the
high cost Interstate System reconstruction and im-
provement program under section 160 of such title
$265,000,000 for fiscal year 1998, $512,500,000 for
fiscal year 1999, $920,000,000 for fiscal year 2000,
$923,000,000 for fiscal year 2001, $922,000,000 for
fiscal year 2002, and $1,067,000,000 for fiscal year
2003.
(8) DISCRETIONARY PROGRAMS.—For executive
and legislative branch discretionary programs re-
ferred to in section 127 of this Act (including
amendments made by such section) $1,622,400,000
for fiscal year 1998, $2,215,300,000 for fiscal year
1999, 
$2,563,600,000 
for 
fiscal 
year 
2000,
$2,563,600,000 
for 
fiscal 
year 
2001,
$2,657,600,000 
for 
fiscal 
year 
2002, 
and
$2,657,600,000 for fiscal year 2003.
(9) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 201 of
the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) $250,000,000 for fiscal year 1998,
$400,000,000 
for 
fiscal 
year 
1999, 
and
$400,000,000 for each of fiscal years 2000 through
2003.
(10) RECREATIONAL
TRAILS
PROGRAM.—For
the recreational trails program under section 206 of
such title $30,000,000 for fiscal year 1998,
$40,000,000 for fiscal year 1999, and $50,000,000
for each of fiscal years 2000 through 2003.
(11) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
such title $194,000,000 for fiscal year 1998,
$200,000,000 
for 
fiscal 
year 
1999, 
and
$212,000,000 for each of fiscal years 2000
through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For pub-
lic lands highways under section 204 of such
title 
$58,000,000 
for 
fiscal 
year 
1998,
$60,000,000 
for 
fiscal 
year 
1999, 
and
$60,000,000 for each of fiscal years 2000
through 2003.
(C) PARKWAYS
AND
PARK
HIGHWAYS.—
For parkways and park highways under section
204 of such title $85,300,000 for fiscal year
1998, $86,200,000 for fiscal year 1999, and
$99,000,000 for each of fiscal years 2000
through 2003.
(D) FOREST HIGHWAYS.—For forest high-
ways 
under 
section 
204 
of 
such 
title
$113,500,000 
for 
fiscal 
year 
1998,
$130,000,000 
for 
fiscal 
year 
1999, 
and
$130,000,000 for each of fiscal years 2000
through 2003.
(12) HIGHWAY USE TAX EVASION PROJECTS.—
For highway use tax evasion projects under section
1040 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 101 note; 105 Stat.
1992) $5,000,000 for fiscal year 1998 and
$10,000,000 for each of fiscal years 1999 through
2003.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that
the Secretary determines otherwise, not less than 10
percent of the amounts authorized to be appro-
priated under titles I, III, and VI of this Act shall
be expended with small business concerns owned and
controlled by socially and economically disadvan-
taged individuals.
(2) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this section limits the eligibility of an entity
or person to receive funds made available under ti-
tles I, III, and VI of this Act, if the entity or person
is prevented, in whole or in part, from complying
with paragraph (1) because a Federal court issues a
final order in which the court finds that the require-
ment of paragraph (1), or the program established
under paragraph (1), is unconstitutional.
(3) REVIEW BY COMPTROLLER GENERAL.—Not
later than 3 years after the date of enactment of
this Act, the Comptroller General of the United
States shall conduct a review of, and publish and re-
port to Congress findings and conclusions on, the
impact throughout the United States of administer-
ing the requirement of paragraph (1), including an
analysis of—
(A) in the case of small business concerns
owned and controlled by socially and economi-
cally disadvantaged individuals—
(i) the number of the small business
concerns; and
(ii) the participation rates of the small
business concerns in prime contracts and
subcontracts funded under titles I, III, and
VI of this Act;
(B) in the case of small business concerns
described in subparagraph (A) that receive
prime contracts and subcontracts funded under
titles I, III, and VI of this Act—
(i) the number of the small business
concerns;
(ii) the annual gross receipts of the
small business concerns; and
(iii) the net worth of socially and eco-
nomically disadvantaged individuals that
own and control the small business con-
cerns;
(C) in the case of small business concerns
described in subparagraph (A) that do not re-
ceive prime contracts and subcontracts funded
under titles I, III, and VI of this Act—
(i) the annual gross receipts of the
small business concerns; and
(ii) the net worth of socially and eco-
nomically disadvantaged individuals that
own and control the small business con-
cerns;
(D) in the case of business concerns that
receive prime contracts and subcontracts fund-
ed under titles I, III, and VI of this Act, other
than small business concerns described in sub-
paragraph (B)—
(i) the annual gross receipts of the
business concerns; and
(ii) the net worth of individuals that
own and control the business concerns;
(E) the rate of graduation from any pro-
grams carried out to comply with the require-
ment of paragraph (1) for small business con-
cerns owned and controlled by socially and eco-
nomically disadvantaged individuals;
(F) the overall cost of administering the
requirement of paragraph (1), including admin-
istrative costs, certification costs, additional
construction costs, and litigation costs;
(G) any discrimination, on the basis of
race, color, national origin, or sex, against small
business concerns owned and controlled by so-
cially and economically disadvantaged individ-
uals;
(H)(i) any other factors limiting the ability
of small business concerns owned and controlled
by socially and economically disadvantaged indi-
viduals to compete for prime contracts and sub-
contracts funded under titles I, III, and VI of
this Act; and
(ii) the extent to which any of those factors
are caused, in whole or in part, by discrimina-
tion based on race, color, national origin, or
sex;
(I) any discrimination, on the basis of
race, color, national origin, or sex, against con-
struction companies owned and controlled by
socially and economically disadvantaged individ-
uals in public and private transportation con-
tracting and the financial, credit, insurance,
and bond markets;
(J) the impact on small business concerns
owned and controlled by socially and economi-
cally disadvantaged individuals of—
(i) the issuance of a final order de-
scribed in paragraph (2) by a Federal
court that suspends a program established
under paragraph (1); or
(ii) the repeal or suspension of State
or local disadvantaged business enterprise
programs; and
(K) the impact of the requirement of para-
graph (1), and any program carried out to com-
ply with paragraph (1), on competition and the
creation of jobs, including the creation of jobs
for socially and economically disadvantaged in-
dividuals.
(4) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
(A) SMALL
BUSINESS
CONCERN.—The
term ‘‘small business concern’’ has the meaning
such term has under section 3 of the Small
Business Act (15 U.S.C. 632); except that such
term shall not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or indi-
viduals which has average annual gross receipts
over the preceding 3 fiscal years in excess of
$16,600,000, as adjusted by the Secretary for
inflation.
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under
section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto; except
that women shall be presumed to be socially
and economically disadvantaged individuals for
purposes of this subsection.
SEC. 103. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Notwithstanding any
other provision of law, the total of all obligations for Fed-
eral-aid highway programs shall not exceed—
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,300,000,000 for fiscal year 1999; and
(3) $28,400,000,000 for each of fiscal years
2000 through 2003.
(b) EXCEPTIONS.—The limitations under subsection
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States
Code;
(2) under section 157 of such title;
(3) under section 147 of the Surface Transpor-
tation Assistance Act of 1978;
(4) under section 9 of the Federal-Aid Highway
Act of 1981;
(5) under sections 131(b) and 131(j) of the
Surface Transportation Assistance Act of 1982;
(6) under sections 149(b) and 149(c) of the
Surface Transportation and Uniform Relocation As-
sistance Act of 1987;
(7) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991; and
(8) under section 104(j) of title 23, United
States Code, relating to high priority projects.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
For each of fiscal years 1998 through 2003, the Secretary
shall—
(1) not distribute amounts authorized for ad-
ministrative expenses and programs funded from the
administrative takedown authorized by section
104(a) of title 23, United States Code, and amounts
authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics;
(2) determine the ratio that—
(A) the obligation limitation imposed by
subsection (a) for such fiscal year less the ag-
gregate of amounts not distributed under para-
graph (1), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway programs
(other than sums authorized to be appropriated
for sections referred to in subsection (b)) for
such fiscal year less the aggregate of amounts
not distributed under paragraph (1);
(3)(A) multiply the ratio determined under
paragraph (2) by the sums authorized to be appro-
priated for such fiscal year for each of the programs
that are allocated by the Secretary under this Act
and title 23, United States Code (other than the rec-
reational trails program and programs to which
paragraph (1) applies);
(B) not distribute such amount for each such
program (other than the recreational trails program
and programs to which paragraph (1) applies); and
(C) in administering such program, allocate
such amount for such program;
(4) distribute the obligation limitation imposed
by subsection (a) less the aggregate of amounts not
distributed under paragraphs (1) and (3) and less
amounts distributed under paragraph (5) by alloca-
tion in the ratio which sums authorized to be appro-
priated for Federal-aid highway programs that are
apportioned or allocated to each State for such fiscal
year and that are subject to the limitation imposed
by subsection (a) bear to the total of the sums au-
thorized to be appropriated for Federal-aid highway
programs that are apportioned or allocated for such
fiscal year and that are subject to the limitation im-
posed by subsection (a); and
(5) distribute any amount determined under
paragraph (3) for the recreational trails program in
accordance with the formula set forth in section
104(h) of title 23, United States Code, for such pro-
gram.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary
shall—
(1) provide all States with authority sufficient
to prevent lapses of sums authorized to be appro-
priated for Federal-aid highway programs that have
been apportioned to a State; and
(2) after August 1 of each of fiscal years 1998
through 2003 revise a distribution of the obligation
authority made available under subsection (c) if a
State will not obligate the amount distributed during
that fiscal year and redistribute sufficient amounts
to those States able to obligate amounts in addition
to those previously distributed during that fiscal
year giving priority to those States having large un-
obligated balances of funds apportioned under sec-
tions 104 and 144 of title 23, United States Code,
under section 160 of title 23, United States Code
(as in effect on the day before the date of the enact-
ment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991
(105 Stat. 1943–1945).
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation
limitations for Federal-aid highways programs established
by subsection (a) shall apply to transportation research
programs carried out under chapter 3 of title 23, United
States Code, and under title VI of this Act.
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—
(1) IN GENERAL.—Not later than 30 days after
the date of the distribution of obligation authority
under subsection (a) for each of fiscal years 1998
through 2003, the Secretary shall distribute to the
States any funds (A) that are authorized to be ap-
propriated for such fiscal year for Federal-aid high-
way programs (other than the program under sec-
tion 160 of title 23, United States Code) and for
carrying out subchapter I of chapter 311 of title 49,
United States Code, and chapter 4 of title 23,
United States Code, and (B) that the Secretary de-
termines will not be allocated to the States, and will
not be available for obligation, in such fiscal year
due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obli-
gation authority under subsection (c)(5). The funds
so distributed shall be available for any purposes de-
scribed in section 133(b) of title 23, United States
Code.
(2) HIGH COST INTERSTATE SYSTEM RECON-
STRUCTION AND IMPROVEMENT PROGRAM FUNDS.—
Not later than 30 days after the date of the dis-
tribution of obligation authority under subsection (c)
for each of fiscal years 1998 through 2003, the Sec-
retary shall distribute to the States any funds that
are authorized to be appropriated for such fiscal
year to carry out the high cost Interstate System re-
construction and improvement program under sec-
tion 160 of title 23, United States Code, and that
will not be available for obligation in such fiscal year
due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall
be made in the same ratio as funds are apportioned
under section 104(b)(5) of such title. The funds so
distributed to a State shall be credited to the State’s
apportionment under such section 104(b)(5).
SEC. 104. APPORTIONMENTS.
(a) ADMINISTRATIVE TAKEDOWN.—Section 104(a) is
amended to read as follows:
‘‘(a) ADMINISTRATIVE TAKEDOWN.—Whenever an
apportionment is made of the sums authorized to be ap-
propriated for expenditure on Interstate maintenance, the
National Highway System, the bridge program, the sur-
face transportation program, the congestion mitigation
and air quality improvement program, the high risk road
safety program, the high cost Interstate System recon-
struction and improvement program, the national corridor
planning and development program, the border infrastruc-
ture and safety program, and the Federal lands highways
program, the Secretary shall deduct a sum, in such
amount not to exceed 1 percent of all sums so authorized,
as the Secretary may deem necessary for administering
the provisions of law to be financed from appropriations
for the Federal-aid highway program. In making such de-
termination, the Secretary shall take into account the un-
obligated balance of any sums deducted for such purposes
in prior years. The sums so deducted shall remain avail-
able until expended. The Secretary may not transfer any
of such sums to a Federal entity other than the Federal
Highway Administration.’’.
(b) APPORTIONMENTS.—Section 104(b) is amended
to read as follows:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal
year, the Secretary, after making the deduction authorized
by subsection (a) and the set-aside authorized by sub-
section (f), shall apportion the remainder of the sums au-
thorized to be appropriated for expenditure on Interstate
maintenance, the National Highway System, the surface
transportation program, the congestion mitigation and air
quality improvement program, and the high risk road safe-
ty program for that fiscal year, among the several States
in the following manner:
‘‘(1) NATIONAL
HIGHWAY
SYSTEM.—For the
National Highway System, 1 percent to the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands and the re-
maining 99 percent apportioned as follows:
‘‘(A) In the case of a State with an aver-
age population density of 20 persons or fewer
per square mile, and in the case of a State with
a population of 1,500,000 persons or fewer and
with a land area of 10,000 square miles or less,
the greater of—
‘‘(i) a percentage share of the remain-
ing apportionments equal to the percentage
specified for the State in section 104(h)(1)
of the Building Efficient Surface Trans-
portation and Equity Act of 1998; or
‘‘(ii) a share determined under sub-
paragraph (B).
‘‘(B) Subject to subparagraph (A), in the
case of any State for which the apportionment
is not determined under subparagraph (A)(i), a
share of the remaining apportionments deter-
mined in accordance with the following formula:
‘‘(i) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural lane
miles in each State bears to the total rural
lane miles in all States for which the ap-
portionment is not determined under sub-
paragraph (A)(i).
‘‘(ii) 1⁄9 of the remaining apportion-
ments in the ratio that the total rural vehi-
cle miles traveled in each State bears to
the total rural vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(iii) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban
lane miles in each State bears to the total
urban lane miles in all States for which the
apportionment is not determined under
subparagraph (A)(i).
‘‘(iv) 2⁄9 of the remaining apportion-
ments in the ratio that the total urban ve-
hicle miles traveled in each State bears to
the total urban vehicle miles traveled in all
States for which the apportionment is not
determined under subparagraph (A)(i).
‘‘(v) 3⁄9 of the remaining apportion-
ments in the ratio that each State’s annual
contributions to the Highway Trust Fund
(other than the Mass Transit Account) at-
tributable to commercial vehicles bear to
the total of such annual contributions by
all States for which the apportionment is
not determined under subparagraph (A)(i).
‘‘(2) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.—
‘‘(A) FORMULA.—For the congestion miti-
gation and air quality improvement program, in
the ratio which the weighted nonattainment and
maintenance area populations of each State
bear to the total weighted nonattainment and
maintenance area population of all States.
‘‘(B) CALCULATION OF WEIGHTED POPU-
LATION.—Such weighted population shall be
calculated by multiplying the population of each
area within any State that was a nonattainment
or maintenance area as described in subsection
149(b) for ozone, carbon monoxide, or particu-
late matter by a factor of—
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area has been redesignated
as an attainment (maintenance) area
under section 107(d) of the Clean Air Act;
‘‘(ii) 1.1 if, at the time of apportion-
ment, the area is classified as a marginal
ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act;
‘‘(iii) 1.2 if, at the time of apportion-
ment, the area is classified as a moderate
ozone nonattainment area under such sub-
part;
‘‘(iv) 1.3 if, at the time of apportion-
ment, the area is classified as a serious
ozone nonattainment area under such sub-
part;
‘‘(v) 1.4 if, at the time of apportion-
ment, the area is classified as a severe
ozone nonattainment area under such sub-
part;
‘‘(vi) 1.5 if, at the time of apportion-
ment, the area is classified as an extreme
ozone nonattainment area under such sub-
part; or
‘‘(vii) 1.2. if, at the time of apportion-
ment, the area is not a nonattainment or
maintenance area as described in sub-
section 149(b) of this title for ozone, but
is a nonattainment area for carbon mon-
oxide or particulate matter.
‘‘(C) ADDITIONAL FACTORS.—If the area
was also classified under subpart 3 or 4 of part
D of title I of the Clean Air Act as a nonattain-
ment area described in section 149(b) for car-
bon monoxide or particulate matter or both, the
weighted nonattainment area population of the
area, as determined under clauses (i) through
(vi) of subparagraph (B), shall be further mul-
tiplied by a factor of 1.2. For an area that is
a nonattainment area for both carbon monoxide
and for particulate matter and the area’s
weighted population was determined under
clause (vii) of subparagraph (B), the area’s
weighted population shall be further multiplied
by a factor of 1.2. For such areas, the popu-
lation to which this factor is applied shall be
the larger of the carbon monoxide and the par-
ticulate matter nonattainment area populations.
‘‘(D) MINIMUM
APPORTIONMENT.—Not-
withstanding any other provision of this para-
graph, each State shall receive a minimum of
1⁄2 of 1 percent of the funds apportioned under
this paragraph. The Secretary shall use annual
estimates prepared by the Secretary of Com-
merce when determining population figures.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface trans-
portation program, 2 percent to the State of
Alaska for any purpose described in section
133(b) and the remaining 98 percent appor-
tioned as follows:
‘‘(i) 1⁄3 in the ratio that each State’s
total population bears to the total popu-
lation of all States, using the latest avail-
able annual updates to the Federal decen-
nial census, as prepared by the Secretary
of Commerce.
‘‘(ii) 1⁄3 in the ratio that each State’s
annual contributions to the Highway Trust
Fund (other than the Mass Transit Ac-
aggregate of such apportionments to any State
that does contribute to the Highway Trust
Fund.
‘‘(4) HIGH RISK ROAD SAFETY IMPROVEMENT
PROGRAM.—For the high risk road safety improve-
ment program—
‘‘(A) 1⁄3 in the ratio that each State’s total
population bears to the total population of all
States, using the latest available annual up-
dates to the Federal decennial census, as pre-
pared by the Secretary of Commerce;
‘‘(B) 1⁄3 in the ratio that each State’s total
public road mileage bears to the total public
road mileage of all States; and
‘‘(C) 1⁄3 in the ratio that the total vehicle
miles traveled on public roads in each State
bear to the total vehicle miles traveled on public
roads in all States.
‘‘(5) INTERSTATE MAINTENANCE.—For resur-
facing, restoring, rehabilitating, and reconstructing
the Interstate System—
‘‘(A) 1⁄3 in the ratio that each State’s an-
nual contributions to the Highway Trust Fund
(other than the Mass Transit Account) attrib-
utable to commercial vehicles bear to the total
of such annual contributions by all States;
‘‘(B) 1⁄3 in the ratio that the total vehicle
miles traveled on Interstate routes open to traf-
fic in each State bear to the total vehicle miles
traveled on such routes in all States; and
‘‘(C) 1⁄3 in the ratio that the total lane
miles on such routes in each State bear to the
total lane miles on such routes in all States.’’.
(c) OPERATION LIFESAVER AND HIGH SPEED RAIL
CORRIDORS.—Section 104(d) is amended—
(1) in paragraph (1) by striking ‘‘$300,000’’
and inserting ‘‘$500,000’’;
(2) 
in 
paragraph 
(2)(A) 
by 
striking
‘‘$5,000,000’’ and inserting ‘‘$5,250,000’’; and
(3) by adding at the end of paragraph (2)(A)
the following: ‘‘Not less than $250,000 of such set-
aside shall be available per fiscal year for eligible im-
provements to the Minneapolis/St. Paul-Chicago seg-
ment of the Midwest High Speed Rail Corridor.’’.
(d) CERTIFICATION OF APPORTIONMENTS.—Section
104(e) is amended—
(1) by inserting ‘‘CERTIFICATION OF APPOR-
TIONMENTS.—’’ after ‘‘(e)’’;
(2) by inserting ‘‘(1) IN GENERAL.—’’ before
‘‘On October 1’’;
(3) by striking the first parenthetical phrase;
(4) by striking ‘‘and research’’ the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
‘‘(2) NOTICE TO STATES.—If the Secretary has
not made an apportionment under section 104, 144,
or 157 of title 23, United States Code, on or before
the 21st of a fiscal year, then the Secretary shall
transmit, on or before such 21st day, to the Com-
mittee on Transportation and Infrastructure of the
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a written
statement of the reason for not making such appor-
tionment in a timely manner.’’; and
(7) by indenting paragraph (1), as designated
by paragraph (2) of this subsection, and aligning
such paragraph (1) with paragraph (2) of such sec-
tion, as added by paragraph (6) of this subsection.
(e) METROPOLITAN PLANNING SET-ASIDE.—Section
104(f) is amended—
(1) in paragraph (1) by striking ‘‘Interstate
construction and Interstate substitute programs’’
and inserting ‘‘recreational trails program’’; and
(2) in paragraph (3) by striking ‘‘120(j) of this
title’’ and inserting ‘‘120(b)’’.
(f) 
RECREATIONAL
TRAILS
PROGRAM.—Section
104(h) of such title is amended to read as follows:
‘‘(h) RECREATIONAL TRAILS PROGRAM.—
‘‘(1) ADMINISTRATIVE
COSTS.—Whenever an
apportionment is made of the sums authorized to be
appropriated to carry out the recreational trails pro-
gram under section 206, the Secretary shall deduct
an amount, not to exceed 3 percent of the sums au-
thorized, to cover the cost to the Secretary for ad-
ministration of and research and technical assistance
under the recreational trails program and for admin-
istration of the National Recreational Trails Advi-
sory Committee. The Secretary may enter into con-
tracts with for-profit organizations or contracts,
partnerships, or cooperative agreements with other
government agencies, institutions of higher learning,
or nonprofit organizations to perform these tasks.
‘‘(2) APPORTIONMENT TO THE STATES.—After
making the deduction authorized by paragraph (1)
of this subsection, the Secretary shall apportion the
remainder of the sums authorized to be appropriated
for expenditure on the recreational trails program
for each fiscal year, among the States in the follow-
ing manner:
‘‘(A) 50 percent of that amount shall be
apportioned equally among eligible States.
‘‘(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway rec-
reational fuel use in each of those States during
the preceding year.’’.
(g) CROSS REFERENCE CORRECTIONS.—
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
Subsections (a), (d), and (f) of section 119 are each
amended by striking ‘‘104(b)(5)(B)’’ each place it
appears and inserting ‘‘104(b)(5)’’.
(2) FRINGE AND CORRIDOR PARKING FACILI-
TIES.—Section 137(f)(1) is amended by striking
‘‘section 104(b)(5)(B) of this title’’ and inserting
‘‘section 104(b)(5)’’.
(3) ADDITIONS TO INTERSTATE SYSTEM.—Sec-
tion 
139 
is 
amended 
by 
striking 
‘‘section
104(b)(5)(B) of this title’’ each place it appears and
inserting ‘‘section 104(b)(5)’’.
(4) ACCOMMODATION OF OTHER MODES.—Sec-
tion 142(c) is amended by striking ‘‘section
104(b)(5)(A)’’ and inserting ‘‘section 104(b)(5)’’.
(5) MINIMUM DRINKING AGES.—Section 158 is
amended—
(A) by striking ‘‘104(b)(2), 104(b)(5), and
104(b)(6)’’ each place it appears in subsection
(a) and inserting ‘‘104(b)(3), and 104(b)(5)’’;
(B) in the heading to subsection (b) is
amended by striking ‘‘PERIOD OF AVAILABIL-
ITY;’’; and
(C) in subsection (b)—
(i) by striking ‘‘(1)’’ the first place it
appears and all that follows through ‘‘No
funds’’ and inserting ‘‘No funds’’; and
(ii) by striking paragraphs (2), (3),
and (4).
(6) SUSPENSION OF LICENSES OF INDIVIDUALS
CONVICTED OF DRUG OFFENSES.—Section 159(b) is
amended—
(A) by striking ‘‘PERIOD OF AVAILABIL-
ITY;’’ in the subsection heading; and
(B) by striking ‘‘(1)’’ the first place it ap-
pears and all that follows through ‘‘No funds’’
and inserting ‘‘No funds’’; and
(C) by striking paragraphs (2), (3), and
(4).
(7) OPERATION OF MOTOR VEHICLES BY IN-
TOXICATED MINORS.—Section 161(a) is amended by
striking ‘‘(B)’’ each place it appears.
(h) STATE PERCENTAGES FOR NATIONAL HIGHWAY
SYSTEM APPORTIONMENTS.—
(1) IN GENERAL.—The percentage referred to
in section 104(b)(1) of title 23, United States Code,
for each State shall be determined in accordance
with the following table:
States:
Adjustment percentage
Alabama .......................................................................................
2.02
Alaska ..........................................................................................
1.24
Arizona .........................................................................................
1.68
Arkansas ......................................................................................
1.32
California .....................................................................................
9.81
Colorado .......................................................................................
1.23
Connecticut ..................................................................................
1.64
Delaware ......................................................................................
0.40
District of Columbia ....................................................................
0.52
Florida .........................................................................................
4.77
Georgia .........................................................................................
3.60
Hawaii ..........................................................................................
0.70
Idaho ............................................................................................
0.70
Illinois ..........................................................................................
3.71
Indiana .........................................................................................
2.63
Iowa .............................................................................................
1.13
Kansas .........................................................................................
1.10
Kentucky ......................................................................................
1.91
Louisiana .....................................................................................
1.63
Maine ...........................................................................................
0.50
Maryland ......................................................................................
1.64
Massachusetts ..............................................................................
1.68
Michigan ......................................................................................
3.34
Minnesota .....................................................................................
1.56
Mississippi ....................................................................................
1.23
Missouri .......................................................................................
2.45
Montana .......................................................................................
0.95
Nebraska ......................................................................................
0.73
Nevada .........................................................................................
0.67
New Hampshire ...........................................................................
0.48
States:
Adjustment percentage
New Jersey ..................................................................................
2.28
New Mexico ..................................................................................
1.05
New York .....................................................................................
4.27
North Carolina .............................................................................
2.83
North Dakota ...............................................................................
0.76
Ohio .............................................................................................
3.77
Oklahoma .....................................................................................
1.55
Oregon .........................................................................................
1.23
Pennsylvania ................................................................................
4.12
Puerto Rico ..................................................................................
0.50
Rhode Island ................................................................................
0.55
South Carolina .............................................................................
1.63
South Dakota ...............................................................................
0.70
Tennessee .....................................................................................
2.30
Texas ............................................................................................
7.21
Utah .............................................................................................
0.71
Vermont .......................................................................................
0.43
Virginia ........................................................................................
2.61
Washington ..................................................................................
1.75
West Virginia ...............................................................................
0.76
Wisconsin .....................................................................................
1.91
Wyoming ......................................................................................
0.66.
(2) ADDITIONAL RULE.—Any State with lane
miles on the National Highway System totaling be-
tween 3,500 and 4,000 miles shall be treated as a
State 
meeting 
the 
requirements 
of 
section
104(b)(1)(A) of title 23, United States Code, for
purposes of such section.
(i) USE OF MOST UP-TO-DATE DATA.—The Sec-
retary shall use the most up-to-date data available for the
latest fiscal year for the purposes of making apportion-
ments under this section and section 157 of title 23,
United States Code.
(j) ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 1997.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and subject to section 2(c) of the
Surface Transportation Extension Act of 1997, the
Secretary shall ensure that the total apportionments
for a State for fiscal year 1998 made under the
Building Efficient Surface Transportation and Eq-
uity Act of 1998 (including amendments made by
such Act) shall be reduced by the amount appor-
tioned to such State under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of
1991.
(2) REPAYMENT OF TRANSFERRED FUNDS.—
The Secretary shall ensure that any apportionments
made to a State for fiscal year 1998 and adjusted
under paragraph (1) shall first be used to restore in
accordance with section 3(c) of the Surface Trans-
portation Extension Act of 1997 any funds that a
State transferred under section 3 of such Act.
(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If
a State has insufficient funds apportioned in fiscal
year 1998 under the Building Efficient Surface
Transportation and Equity Act of 1998 (including
amendments made by such Act) to make the adjust-
ment required by paragraph (1), then the Secretary
shall make an adjustment to any funds apportioned
to such State in fiscal year 1999.
(4) ALLOCATED
PROGRAMS.—Notwithstanding
any other provision of law, amounts made available
for fiscal year 1998 by the Building Efficient Sur-
face Transportation and Equity Act of 1998 (includ-
ing amendments made by such Act) for a program
that is continued by both of sections 4, 5, 6, and 7
of the Surface Transportation Extension Act of
1997 (including amendments made by such sections)
and the Building Efficient Surface Transportation
and Equity Act of 1998 (including amendments
made by such Act) shall be reduced by the amount
made available by such sections 4, 5, 6, and 7 for
such programs.
SEC. 105. INTERSTATE MAINTENANCE PROGRAM.
Section 119 is further amended—
(1) in subsection (a)—
(A) by striking ‘‘and rehabilitating’’ and
inserting ‘‘, rehabilitating, and reconstructing’’;
(B) by striking ‘‘of this title and’’ and in-
serting a comma;
(C) by striking ‘‘this sentence’’ and insert-
ing ‘‘the Building Efficient Surface Transpor-
tation and Equity Act of 1998’’;
(D) by striking ‘‘of this title;’’ and insert-
ing ‘‘, and any segments that become part of
the Interstate System under section 1105(e)(5)
of the Intermodal Surface Transportation Effi-
ciency Act of 1991;’’; and
(E) by striking ‘‘subsection (e)’’ and in-
serting ‘‘section 129 or continued in effect by
section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 and not
voided by the Secretary under section 120(c) of
the Surface Transportation and Uniform Relo-
cation Assistance Act of 1987 (101 Stat. 159)’’;
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and
(g) as subsections (b), (c), and (d), respectively.
SEC. 106. NATIONAL HIGHWAY SYSTEM.
(a) COMPONENTS.—Section 103(b) is amended—
(1) by striking the last 4 sentences of para-
graph (2)(B);
(2) in paragraph (2)(C) by striking ‘‘and be
subject to approval by Congress in accordance with
paragraph (3)’’; and
(3) in paragraph (2)(D) by striking ‘‘and sub-
ject to approval by Congress in accordance with
paragraph (3)’’.
(b) MAXIMUM MILEAGE.—Section 103(b) is amend-
ed—
(1) by striking paragraphs (3) and (4) and in-
serting the following:
‘‘(3) MAXIMUM
MILEAGE.—The mileage of
highways on the National Highway System shall not
exceed 155,000 miles; except that the Secretary may
increase or decrease such maximum mileage by not
to exceed 15 percent.’’; and
(2) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(c) DESIGNATION.—Section 103(b)(4), as so redesig-
nated by subsection (b)(2) of this section, is amended—
(1) by inserting ‘‘(A) BASIC SYSTEM.—’’ before
‘‘The National’’;
(2) by inserting after subparagraph (A), as so
designated by paragraph (1) of this subsection, the
following:
‘‘(B) 
INTERMODAL
CONNECTORS.—The
modifications to the National Highway System
that consist of highway connections to major
ports, airports, international border crossings,
public transportation and transit facilities,
interstate bus terminals, and rail and other
intermodal transportation facilities, as submit-
ted to Congress by the Secretary on the map
dated May 24, 1996, are designated within the
United States, including the District of Colum-
bia and the Commonwealth of Puerto Rico.’’;
and
(3) by indenting such subparagraph (A) and
aligning it with subparagraph (B), as inserted by
paragraph (2) of this subsection.
(d) MODIFICATIONS.—Section 103(b)(5)(A), as re-
designated by subsection (b)(2) of this section, is amended
by inserting ‘‘or, in the case of the strategic highway net-
work, that are proposed by the Secretary in consultation
with appropriate Federal agencies and the States’’ before
‘‘if the Secretary’’.
(e) CONFORMING AMENDMENTS.—Section 103(b) is
amended—
(1) in paragraph (5), as redesignated by sub-
section (b)(2) of this section, by striking ‘‘Subject to
paragraph (7), the’’ and inserting ‘‘The’’;
(2) by striking paragraph (7);
(3) by redesignating paragraph (8) as para-
graph (6); and
(4) in paragraph (6), as so redesignated, by
striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(4)’’.
(f) TECHNICAL
AMENDMENT.—Section 103 is
amended—
(1) by redesignating subparagraphs (A), (B),
and (C) of subsection (i)(3) as clauses (i), (ii), and
(iii), respectively;
(2) by redesignating paragraphs (1) through
(13) of subsection (i) as subparagraphs (A) through
(M), respectively;
(3) by redesignating subsection (i) as paragraph
(7);
(4) by moving such paragraph (7) (including
such subparagraphs and clauses) to the end of sub-
section (b); and
(5) by moving such paragraph (7) (including
such subparagraphs and clauses) 2 ems to the right.
(g) EFFECT ON EXISTING APPORTIONMENTS.—The
amendments made by this section shall not affect funds
apportioned or allocated under title 23, United States
Code, before the date of the enactment of this Act.
(h) INTERMODAL FREIGHT CONNECTORS STUDY.—
(1) REPORT.—Not later than 24 months after
the date of the enactment of this Act, the Secretary
shall review the condition of and improvements made
to connectors on the National Highway System ap-
proved by this Act that serve seaports, airports, and
other intermodal freight transportation facilities
since the designation of the National Highway Sys-
tem and shall report to Congress on the results of
such review.
(2) REVIEW.—In preparing the report, the Sec-
retary shall review the connectors designated by this
Act as part of the National Highway System and
identify projects carried out on those connectors
which were intended to provide and improve service
to an intermodal facility referred to in paragraph (1)
and to facilitate the efficient movement of freight,
including movements of freight between modes.
(3) IDENTIFICATION OF IMPEDIMENTS.—If the
Secretary determines on the basis of the review that
there are impediments to improving the connectors
serving intermodal facilities referred to in paragraph
(1), the Secretary shall identify such impediments,
including any funding for such connectors, and make
any appropriate recommendations as part of the
Secretary’s report to Congress.
(i) HIGHWAY SIGNS ON THE NATIONAL HIGHWAY
SYSTEM.—
(1) COMPETITION.—The Secretary shall con-
duct in accordance with this subsection a national
children’s competition to design a national logo sign
for the routes comprising the National Highway Sys-
tem. Children 14 years of age and under shall be eli-
gible for such competition.
(2) PANEL OF JUDGES.—The Secretary shall
appoint a panel of not less than 6 persons to evalu-
ate all designs submitted under the competition and
select a winning design. The panel shall be composed
of—
(A) a representative of the Department of
Transportation;
(B) a representative designated by the
American Association of State Highway and
Transportation Officials;
(C) a representative of the motor carrier
industry;
(D) a representative of private organiza-
tions dedicated to advancement of the arts; and
(E) a representative of the motoring pub-
lic.
(3) REPORT
AND
PLAN.—Not later than 24
months after the date of the enactment of this sec-
tion, the Secretary shall initiate and complete the
competition and submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and
Public Works of the Senate a report on the results
of the competition, a plan for the placement of logo
signs on the National Highway System, and an esti-
mate of the cost of implementing such plan.
(j) WEST VIRGINIA CORRIDOR 10.—The Secretary
shall designate in the State of West Virginia Route 73
between Route 10 and United States Route 119, Route
10 between Route 80 and Route 73, and Route 80 between
United States Route 52 and Route 10 as part of the Na-
tional Highway System.
SEC. 107. HIGHWAY BRIDGE PROGRAM.
(a) APPORTIONMENT FORMULA.—Section 144(e) is
amended by inserting before the period at the end of the
fourth sentence the following: ‘‘, and, if a State transfers
funds apportioned to it under this section in a fiscal year
beginning after September 30, 1997, to any other appor-
tionment of funds to such State under this title, the total
cost of deficient bridges in such State and in all States
to be determined for the succeeding fiscal year shall be
reduced by the amount of such transferred funds’’.
(b) DISCRETIONARY BRIDGE SET-ASIDE.—Section
144(g)(1) is amended—
(1) by inserting ‘‘(A) FISCAL
YEARS
1992
THROUGH 1997.—’’ before ‘‘Of the amounts’’;
(2) by adding at the end the following:
‘‘(B) FISCAL
YEAR
1998.—The amounts
authorized for fiscal year 1998 by section
127(a)(1) of the Building Efficient Surface
Transportation and Equity Act of 1998 shall be
at the discretion of the Secretary. 25 percent of
such amount shall be available only for projects
for the seismic retrofit of a bridge described in
subsection (l).
‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—
The amounts authorized for each of fiscal years
1999 through 2003 by section 127(a)(1) of the
Building Efficient Surface Transportation and
Equity Act of 1998 shall be at the discretion of
the Secretary. Not to exceed 25 percent of such
amount shall be available only for projects for
the seismic retrofit of bridges, including
projects in the New Madrid fault region.’’; and
(3) by indenting subparagraph (A), as so des-
ignated by paragraph (1) of this subsection, and
aligning such subparagraph (A) with subparagraphs
(B) and (C), as inserted by paragraph (2) of this
subsection.
(c) OFF
SYSTEM
BRIDGE-SET
ASIDE.—Section
144(g)(3) is amended—
(1) by striking ‘‘, 1988’’ and all that follows
through ‘‘1997,’’ and inserting ‘‘through 2003,’’;
and
(2) by striking ‘‘system’’ each place it appears
and inserting ‘‘highway’’.
(d) ELIGIBILITY.—Section 144 is amended—
(1) in subsection (d) by inserting after ‘‘magne-
sium acetate’’ the following: ‘‘, sodium acetate/for-
mate, or agriculturally derived, environmentally ac-
ceptable, minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures’’;
(2) in subsection (d) by inserting after ‘‘such
acetate’’ each place it appears the following: ‘‘or so-
dium acetate/formate or such anti-icing or de-icing
composition 
or 
installation 
of 
such 
counter-
measures’’; and
(3) in subsection (g)(3) by inserting after
‘‘magnesium acetate’’ the following: ‘‘, sodium ace-
tate/formate, or agriculturally derived, environ-
mentally acceptable, minimally corrosive anti-icing
and de-icing compositions or install scour counter-
measures’’.
(e) CONFORMING AMENDMENT.—Section 144(n) is
amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 108. SURFACE TRANSPORTATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 133(a)
is amended by inserting after ‘‘establish’’ the following:
‘‘and implement’’.
(b) APPLICATION OF ANTI-ICING AND DE-ICING COM-
POSITIONS TO BRIDGES.—Section 133(b)(1) is amended
by inserting after ‘‘magnesium acetate’’ the following: ‘‘,
sodium acetate/formate, or agriculturally derived, environ-
mentally acceptable, minimally corrosive anti-icing and de-
icing compositions’’.
(c) TRANSPORTATION CONTROL MEASURES.—Sec-
tion 133(b)(9) is amended by striking ‘‘clauses (xii) and’’
and inserting ‘‘clause’’.
(d) ENVIRONMENTAL RESTORATION AND POLLUTION
ABATEMENT PROJECTS.—Section 133(b) is amended by
adding at the end the following:
‘‘(12) Environmental restoration and pollution
abatement projects, including the retrofit or con-
struction of storm water treatment systems, to ad-
dress water pollution or environmental degradation
caused or contributed to by existing transportation
facilities at the time such transportation facilities
are undergoing reconstruction, rehabilitation, resur-
facing, or restoration; except that the expenditure of
funds under this section for any such environmental
restoration or pollution abatement project shall not
exceed 20 percent of the total cost of the reconstruc-
tion, rehabilitation, resurfacing, or restoration
project.’’.
(e) DIVISION OF FUNDS.—Section 133(d)(3)(B) is
amended by adding at the end the following: ‘‘Notwith-
standing subsection (c), up to 15 percent of the amounts
required to be obligated under this subparagraph may be
obligated on roads functionally classified as minor collec-
tors.’’.
(f) PROGRAM
APPROVAL.—Section 133(e)(2) is
amended to read as follows:
‘‘(2) PROGRAM
APPROVAL.—Each State shall
submit a project agreement for each fiscal year, cer-
tifying that the State will meet all the requirements
of this section and notifying the Secretary of the
amount of obligations needed to administer the sur-
face transportation program. Each State shall re-
quest adjustments to the amount of obligations as
needed. The Secretary’s approval of the project
agreement shall be deemed a contractual obligation
of the United States for the payment of surface
transportation program funds provided under this
title.’’.
(g) CONFORMING AMENDMENT.—Section 133(f) is
amended by striking ‘‘6-fiscal year period 1992 through
1997’’ and inserting ‘‘fiscal years for which funds are
made available by the Building Efficient Surface Trans-
portation and Equity Act of 1998’’.
(h) ENCOURAGEMENT
OF USE
OF YOUTH CON-
SERVATION OR SERVICE CORPS.—The Secretary shall en-
courage the States to enter into contracts and cooperative
agreements with qualified youth conservation or service
corps to perform appropriate transportation enhancement
projects under chapter 1 of title 23, United States Code.
SEC. 109. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 149(a)
is amended by inserting after ‘‘establish’’ the following:
‘‘and implement’’.
(b) CURRENTLY
ELIGIBLE
PROJECTS.—Section
149(b) is amended—
(1) by striking ‘‘that was designated as a non-
attainment area under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)) during any part of fis-
cal year 1994’’ and inserting the following: ‘‘that is
or was designated as a nonattainment area for
ozone, carbon monoxide, or particulate matter under
section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) and classified pursuant to section 181(a),
186(a), 188(a), or 188(b) of the Clean Air Act (42
U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is
or was designated as a nonattainment area under
such section 107(d) after December 31, 1997,’’;
(2) in paragraph (1)(A) by striking ‘‘clauses
(xii) and’’; and inserting ‘‘clause’’;
(3) by striking ‘‘or’’ at the end of paragraph
(3);
(4) by striking ‘‘standard.’’ at the end of para-
graph (4) and inserting ‘‘standard; or’’; and
(5) by inserting after paragraph (4) the follow-
ing:
‘‘(5) if the program or project would have been
eligible for funding on or before September 30,
1997, under guidance issued by the Secretary to im-
plement this section.’’.
(c) PUBLIC-PRIVATE PARTNERSHIPS.—Section 149
is amended by adding at the end the following:
‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN-
TITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title and in accordance with this
subsection, a metropolitan planning organization,
State transportation department, or other project
sponsor may enter into an agreement with any pub-
lic, private, or nonprofit entity to cooperatively im-
plement any project carried out under this section.
‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—
Participation by an entity under paragraph (1) may
consist of—
‘‘(A) ownership or operation of any land,
facility, vehicle, or other physical asset associ-
ated with the project;
‘‘(B) cost sharing of any eligible project
expense; and
‘‘(C) any other form of participation ap-
proved by the Secretary.
‘‘(3) ALLOCATION OF ENTITIES.—A State may
allocate funds apportioned under section 104(b)(2)
to an entity described in paragraph (1).
‘‘(4) ALTERNATIVE
FUEL
PROJECTS.—In the
case of a project that will provide for the use of al-
ternative fuels by privately owned vehicles or vehicle
fleets, activities eligible for funding under this sub-
section—
‘‘(A) may include the costs of vehicle re-
fueling infrastructure, including infrastructure
that would support the development, produc-
tion, and use of innovative water-phased hydro-
carbon fuel emulsion technologies, and other
capital investments associated with the project;
‘‘(B) shall include only the incremental
cost of an alternative fueled vehicle compared to
a conventionally fueled vehicle that would other-
wise be borne by a private party; and
‘‘(C) shall apply other governmental finan-
cial purchase contributions in the calculation of
net incremental cost.
‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION
WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed-
eral participation payment under this subsection
may not be made to an entity to fund an obligation
imposed under the Clean Air Act (42 U.S.C. 7401
et seq.) or any other Federal law.
‘‘(6) 
WATER-PHASED
HYDROCARBON
FUEL
EMULSION.—In this subsection, the term ‘water-
phased hydrocarbon fuel emulsion’ consists of a hy-
drocarbon base and water in an amount not less
than 20 percent by volume of the total water-phased
fuel emulsion.’’.
(d) STUDY
OF EFFECTIVENESS
OF CMAQ PRO-
GRAM.—
(1) STUDY.—The Secretary shall request the
National Academy of Sciences to study the impact
of the congestion mitigation and air quality improve-
ment program on the air quality of nonattainment
areas. The study shall, at a minimum—
(A) determine the amount of funds obli-
gated under such program in each nonattain-
ment area and to make a comprehensive analy-
sis of the types of projects funded under such
program;
(B) identify any improvements to or deg-
radations of the air quality in each nonattain-
ment area;
(C) measure the impact of the projects
funded under such program on the air quality
of each nonattainment area; and
(D) assess the cost effectiveness of projects
funded under such program in nonattainment
areas, including, to the extent possible, the cost
per ton of reductions of ozone and carbon mon-
oxide and reduction of traffic congestion.
(2) REPORT.—Not later than January 1, 2000,
the National Academy of Sciences shall transmit to
the Secretary, the Committee on Transportation and
Infrastructure and the Committee on Commerce of
the House of Representatives, and the Committee on
Environment and Public Works of the Senate a re-
port on the results of the study with recommenda-
tions for modifications to the congestion mitigation
and air quality improvement program in light of the
results of the study.
(3) FUNDING.—Before making the apportion-
ment of funds under section 104(b)(2) for each of
fiscal years 1998 and 1999, the Secretary shall de-
duct from the amount to be apportioned under such
section for such fiscal year, and make available,
$500,000 for such fiscal year to carry out this sub-
section.
SEC. 110. HIGH RISK ROAD SAFETY IMPROVEMENT PRO-
GRAM.
(a) IN GENERAL.—Chapter 1 is amended by insert-
ing after section 153 the following:
‘‘§ 154. High risk road safety improvement program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a high risk road safety improvement
program in accordance with this section.
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate
funds apportioned to it under section 104(b)(4) only for
construction and operational improvement projects, and
for pavement marking and signing projects, on high risk
roads and only if the primary purpose of the project is
to improve highway safety on a high risk road.
‘‘(c) STATE ALLOCATION SYSTEM.—Each State shall
establish a system for allocating funds apportioned to it
under section 104(b)(4) among projects eligible for assist-
ance under this section that have the highest benefits to
highway safety. Such system may include a safety man-
agement system established by the State under section
303 or a survey established pursuant to section 152(a).
‘‘(d) TRANSFERABILITY.—A State may transfer not
to exceed 50 percent of the amount of funds apportioned
to it under section 104(b)(4) for any fiscal year to the
apportionment of such State under section 104(b)(1) or
104(b)(3) or both.
‘‘(e) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for
projects under this section shall be consistent with the re-
quirements of sections 134 and 135.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) HIGH RISK ROAD.—The term ‘high risk
road’ means any Federal-aid highway or segment of
a Federal-aid highway—
‘‘(A) on which a significant number of se-
vere motor vehicle crashes occur; or
‘‘(B) which has current, or will likely have,
increases in traffic volume that are likely to cre-
ate a potential for severe crash consequences in
a significant number of motor vehicle crashes.
‘‘(2) SEVERE CRASH.—The term ‘severe crash’
means a motor vehicle crash in which a fatality or
incapacitating injury occurs.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 1 is amended by inserting after the item
relating to section 153 the following:
‘‘154. High risk road safety improvement program.’’.
(c) ROADWAY SAFETY AWARENESS AND IMPROVE-
MENT PROGRAM.—
(1) IN GENERAL.—For purposes of identifying
high-risk roadway hazards and effective counter-
measures and improving the collection and public
dissemination of information regarding such hazards
and their impact on the number and severity of
motor vehicle crashes, the Secretary shall enter into
an agreement with a private nonprofit national orga-
nization that is dedicated solely to improving road-
way safety.
(2) TERMS OF AGREEMENT.—Under the terms
of the agreement entered into under this subsection,
the organization shall—
(A) develop a pilot program to improve the
collection of data pertaining to roadway hazards
and design features that cause or increase the
severity of motor vehicle crashes;
(B) develop a public awareness campaign
to educate State and local transportation offi-
cials, public safety officials, and motorists re-
garding the extent to which roadway hazards
and design features are a factor in motor vehi-
cle crashes; and
(C) develop and disseminate information to
assist State and local transportation officials,
public safety officials, and motorists in identify-
ing roadway hazards and effective counter-
measures.
(3) REPORT.—Not later than 24 months after
the date of entry into the agreement under this sub-
section, the Secretary shall transmit to the Commit-
tee on Transportation and Infrastructure of the
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report
on the status of the program authorized by this sub-
section. Such report shall be updated each year
thereafter, and a final report shall be transmitted
not later than 5 years after the date of entry into
the agreement.
(4) FUNDING.—Before funds are apportioned
under section 104(b)(4) of title 23, United States
Code, for each of fiscal years 1998 through 2003,
the Secretary shall deduct a sum not to exceed
$1,000,000 per fiscal year for carrying out this sub-
section. Such sums shall remain available until ex-
pended.
SEC. 111. MINIMUM ALLOCATION.
(a) GENERAL RULES.—Section 157(a) is amended—
(1) in paragraph (4)—
(A) by striking ‘‘THEREAFTER’’ and in-
serting ‘‘FISCAL YEARS 1992–1997’’; and
(B) by striking ‘‘fiscal year 1992 and each
fiscal year thereafter’’ and inserting ‘‘each of
fiscal years 1992 through 1997’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) THEREAFTER.—In fiscal year 1998 and
each fiscal year thereafter on October 1, or as soon
as possible thereafter, the Secretary shall allocate
among the States amounts sufficient to ensure that
a State’s percentage of the total apportionments in
each such fiscal year for Interstate maintenance, the
National Highway System, the bridge program, the
surface transportation program, the congestion miti-
gation and air quality improvement program, the
high priority projects program, the high risk road
safety improvement program, the recreational trails
program, the Appalachian Development Highway
System program, and metropolitan planning shall
not be less than 95 percent of the percentage of esti-
mated tax payments attributable to highway users in
the State paid into the Highway Trust Fund, other
than the Mass Transit Account, in the latest fiscal
year for which data are available. In determining al-
locations under this paragraph, the Secretary shall
not take into account the 2 percent set aside under
section 104(b)(3)(A).’’.
(b) AVAILABILITY
OF FUNDS.—Section 157(b) is
amended—
(1) by inserting before ‘‘Amounts allocated’’ the
following: ‘‘AVAILABILITY OF FUNDS.—’’;
(2) by striking ‘‘Interstate highway substitute,’’
and all that follows through ‘‘crossing projects’’ and
inserting ‘‘any purpose described in section 133(b)’’;
and
(3) by inserting before the period at the end
‘‘and section 103(c) of the Building Efficient Sur-
face Transportation and Equity Act of 1998’’.
(c) CONFORMING AMENDMENTS.—Section 157 is fur-
ther amended—
(1) in subsection (d) by striking ‘‘154(f) or’’;
and
(2) in subsection (e) by inserting before ‘‘In
order’’ the following: ‘‘AUTHORIZATION OF APPRO-
PRIATIONS.—’’.
(d) MINIMUM ALLOCATION ADJUSTMENT.—If the
Secretary—
(1) determines that—
(A) the ratio of—
(i) the aggregate of funds made avail-
able by this Act, including any amend-
ments made by this Act, that are appor-
tioned to a State for Federal-aid highway
programs (including funds allocated to the
State under sections 104(j) and 157 of
title 23, United States Code) for each fis-
cal year beginning after September 30,
1997, to
(ii) the aggregate of such funds ap-
portioned to all States for such programs
for such fiscal year, is less than
(B) the ratio of—
(i) estimated tax payments attrib-
utable to highway users in the State paid
into the Highway Trust Fund, other than
the Mass Transit Account, in the latest fis-
cal year for which data are available, to
(ii) the estimated tax payments attrib-
utable to highway users in all States paid
into such Trust Fund in such latest fiscal
year; and
(2) determines that—
(A) the ratio determined under paragraph
(1)(A), is less than
(B) the ratio of—
(i) the aggregate of funds made avail-
able by the Intermodal Surface Transpor-
tation Efficiency Act of 1991, including
any amendments made by such Act, and
section 202 of the National Highway Sys-
tem Designation Act of 1995 that are ap-
portioned to the State for Federal-aid
highway programs (other than Federal
lands highway programs and projects
under sections 1103–1108 of the Inter-
modal Surface Transportation Efficiency
Act of 1991) for fiscal years 1992 through
1997, to
(ii) the aggregate of such funds ap-
portioned to all States for such programs
for such fiscal years;
the Secretary shall allocate under such section 157 to the
State amounts sufficient to ensure that the State’s per-
centage of total apportionments for Federal-aid highway
programs under this Act (including amendments made by
this Act and allocations under such sections 104(j) and
157) for such fiscal year beginning after September 30,
1997, is equal to the State’s percentage of total apportion-
ments for Federal-aid highway programs (other than Fed-
eral lands highway programs and projects under sections
1103–1008 of the Intermodal Surface Transportation Ef-
ficiency Act of 1991) for fiscal year 1997 under the Inter-
modal Surface Transportation Efficiency Act of 1991, in-
cluding any amendments made by such Act, and section
202 of the National Highway System Designation Act of
1995. The allocation shall be made on October 1 of the
fiscal year beginning after September 30, 1997, or as soon
as possible thereafter and shall be in addition to any other
allocation to the State under such section 157 for such
fiscal year.
(e) FINAL ADJUSTMENT.—
(1) IN GENERAL.—In fiscal year 1998 and each
fiscal year thereafter on October 1, or as soon as
practicable thereafter, the Secretary shall allocate
under section 157 of title 23, United States Code,
among the States amounts sufficient to ensure that
the ratio that—
(A) each State’s percentage of the total ap-
portionments for such fiscal year for Interstate
maintenance, National Highway System, high
cost Interstate system reconstruction and im-
provement program, surface transportation pro-
gram, metropolitan planning, congestion mitiga-
tion and air quality improvement program, high
risk road safety improvement program, bridge
program, Appalachian development highway
system, recreational trails program, high prior-
ity projects program, the 2 percent set aside
under section 104(b)(3)(A) of title 23, United
States Code, and section 157 of such title (in-
cluding subsection (d) of this section and this
subsection), bears to
(B) each State’s percentage of estimated
tax payments attributable to highway users in
the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the
latest fiscal year for which data are available;
is not less than 0.90.
(2) TREATMENT.—The allocation required by
this paragraph shall be in addition to any other allo-
cation under section 157 of title 23, United States
Code, including allocations required by subsection
(d) of this section.
SEC. 112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 102 of this Act for
fiscal years 1998 through 2003 among the States based
on the latest available cost to complete estimate for the
Appalachian development highway system prepared by the
Appalachian Regional Commission, unless the Appalach-
ian Regional Commission adopts an alternative method for
distribution. In general, no State containing Appalachian
development highway system routes shall receive an appor-
tionment of less than $1,000,000. For fiscal years 1999
through 2003, any alternative method for distribution
adopted by the Appalachian Regional Commission must
be communicated to the Secretary at least 30 days prior
to the beginning of the fiscal year in which the apportion-
ment is to be made. Such funds shall be available to con-
struct highways and access roads under section 201 of the
Appalachian Regional Development Act of 1965.
(b) APPLICABILITY OF TITLE 23.—Funds authorized
by section 102 of this Act for the Appalachian develop-
ment highway system under section 201 of the Appalach-
ian Regional Development Act of 1965 shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of any
project under this section shall be determined in accord-
ance with such section 201 and such funds shall remain
available until expended.
(c) 
FEDERAL
SHARE
FOR
PRE-FINANCED
PROJECTS.—Section 201(h)(1) of the Appalachian Re-
gional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ‘‘70’’ and inserting ‘‘80’’.
(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—
Section 201 of such Act is amended by adding at the end
the following new subsection:
‘‘(i) 
DEDUCTION
FOR
ADMINISTRATIVE
EX-
PENSES.—On October 1 of fiscal year 1998 and each fis-
cal year thereafter, or as soon as is practicable thereafter,
there shall be deducted, for the expenses of the Appalach-
ian Regional Commission in administering the funds au-
thorized 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 section.’’.
(e) LOCAL PARTICIPATION IN DEDESIGNATION DECI-
SIONS.—Section 201 of such Act is further amended by
adding at the end the following:
‘‘(j) LOCAL PARTICIPATION IN DEDESIGNATION DE-
CISIONS.—Before the State of Ohio may request the
dedesignation of corridor B from the Ohio River in Scioto
County to the Scioto-Adams County line, corridor B1 from
the Kentucky State line to the junction with corridor B
at Rosemount, corridor C from the junction with corridor
B at Lucasville to State Route 159 at Chillicothe, or cor-
ridor D from the Adams County line to the Ohio River
in Washington County as segments of the Appalachian de-
velopment highway system, the State must consult about
the proposed dedesignation with local elected officials hav-
ing jurisdiction over the area in which the segment is lo-
cated and conduct public hearings on the proposed
dedesignation in each county in which any part of the seg-
ment is located.’’.
(f) ADDITIONS TO APPALACHIAN REGION.—The un-
designated paragraph relating to Georgia of section 403
of such Act is amended—
(1) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’;
and
(2) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’.
SEC. 113. HIGH COST INTERSTATE SYSTEM RECONSTRUC-
TION AND IMPROVEMENT PROGRAM.
(a) IN GENERAL.—Section 160 is amended to read
as follows:
‘‘§ 160. High cost interstate system reconstruction
and improvement program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a high cost Interstate System recon-
struction and improvement program in accordance with
this section.
‘‘(b) ELIGIBLE PROJECTS.—Funds made available to
carry out the high cost interstate reconstruction and im-
provement program under this section for a fiscal year
shall be available for obligation by the Secretary for any
major reconstruction or improvement project to any high-
way designated as part of the Interstate System and open
to traffic before the date of the enactment of the Building
Efficient Surface Transportation and Equity Act of 1998.
Such funds shall be made available by the Secretary to
any State applying for such funds only if the Secretary
determines that—
‘‘(1) the total cost of the project is greater than
the lesser of $200,000,000 or 50 percent of the ag-
gregate amount of funds apportioned to the State
under this title for such fiscal year;
‘‘(2) the project is a ready-to-commence project;
‘‘(3) the State agrees that it will not transfer
funds apportioned to it under section 104(b)(5) for
such fiscal year to any other program category; and
‘‘(4) the applicant agrees to obligate the funds
within 1 year of the date the funds are made avail-
able.
‘‘(c) ALLOCATION OF FUNDS.—Subject to subsection
(f)(1), of the funds made available to carry out the pro-
gram under this section, the Secretary shall allocate—
‘‘(1) not less than $165,000,000 for fiscal year
1998, $412,500,000 for fiscal year 1999, and
$670,000,000 for each of fiscal years 2000 through
2003 among States in the ratio that the estimated
cost of carrying out projects determined by the Sec-
retary to be eligible for funding under subsection (b)
in each State bears to the estimated cost of carrying
out such projects in all of the States; and
‘‘(2) at the discretion of the Secretary, not
more than the amounts set forth in section
127(a)(2) for each of fiscal years 1998 through
2003 for projects eligible for assistance under this
section to—
‘‘(A) meet an extraordinary need for fund-
ing; or
‘‘(B) help expedite completion of a project
of national significance.
‘‘(d) UNALLOCATED FUNDS.—
‘‘(1) APPORTIONMENT.—If, on August 1 of fis-
cal year 1998 and each fiscal year thereafter, the
Secretary determines that funds authorized to be al-
located in such fiscal year for the program under
this section will not be allocated in such fiscal year
as a result of not enough projects being eligible for
assistance under this section, the Secretary shall ap-
portion under section 104(b)(5) such funds among
the States for the Interstate maintenance program.
‘‘(2) REDISTRIBUTION
OF
OBLIGATION
AU-
THORITY.—The Secretary shall also redistribute on
such August 1 any obligation authority that is allo-
cated for the fiscal year under section 103(c)(4) of
the Building Efficient Surface Transportation and
Equity Act of 1998 attributable to the program
under this section and that the Secretary determines
will not be used before September 30 of such fiscal
year among the States (other than a State from
which obligation authority for such fiscal year is re-
distributed under section 103(d) of such Act) in the
same ratio as set forth in section 103(c)(5) of such
Act.
‘‘(e) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for
projects under this section shall be consistent with the re-
quirements of sections 134 and 135.
‘‘(f) FUTURE ALLOCATIONS.—
‘‘(1) FISCAL YEARS 1998–2003.—For fiscal years
1998, 1999, 2000, 2001, 2002, and 2003, funds to
be allocated pursuant to subsection (c)(1) shall be
allocated in the same manner as funds apportioned
under section 104(b)(5). Such funds shall only be
available for projects eligible under subsection (b);
except that if a State does not have a project eligible
under subsection (b), funds allocated to such State
under this paragraph shall be available for any
project in such State on a segment of the Interstate
System that is open to traffic.
‘‘(2) DETERMINATIONS.—The Secretary shall,
in cooperation with States and affected metropolitan
planning organizations, determine—
‘‘(A) the expected condition of the Inter-
state System over the next 10 years and the
needs of States and metropolitan planning or-
ganizations to reconstruct and improve the
Interstate System; and
‘‘(B) a method to allocate funds made
available under this section that would—
‘‘(i) address the needs identified in
subparagraph (A);
‘‘(ii) provide a fair and equitable dis-
tribution of such funds; and
‘‘(iii) allow for States to address any
extraordinary needs.
‘‘(3) REPORT.—The determination made under
paragraph (2) shall be submitted to Congress in a
report not later than January 1, 2000.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 1 is amended by striking the item relat-
ing to section 160 and inserting the following:
‘‘160. High cost interstate system reconstruction and improvement program.’’.
SEC. 114. RECREATIONAL TRAILS PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United
States Code, is amended by inserting after section 205 the
following:
‘‘§ 206. Recreational trails program
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of the Interior and the Secretary of
Agriculture, shall administer a national program for the
purposes of providing and maintaining recreational trails.
‘‘(b) STATEMENT OF INTENT.—Funds made avail-
able to carry out the recreational trails program under this
section are to be derived from revenues collected through
motor fuel taxes from nonhighway users and are to be
used on trails and trail-related projects which have been
planned and developed under the otherwise existing laws,
policies, and administrative procedures within each State,
and which are identified in, or which further a specific
goal of, a trail plan included or referenced in a statewide
comprehensive outdoor recreation plan required by the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 et seq.).
‘‘(c) STATE ELIGIBILITY.—A State shall be eligible
to obligate funds apportioned to it under section 104(h)
only if—
‘‘(1) the Governor of the State has designated
the State agency or agencies that will be responsible
for administering funds received under this section;
and
‘‘(2) a recreational trail advisory committee on
which both motorized and nonmotorized recreational
trail users are fairly represented exists within the
State.
‘‘(d) FEDERAL SHARE PAYABLE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), (4), and (5), the Federal share pay-
able on account of a project under this section shall
not exceed 50 percent.
‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—
Notwithstanding any other provision of law, a Fed-
eral agency sponsoring a project under this section
may contribute additional Federal funds toward a
project’s cost if the share attributable to the Sec-
retary does not exceed 50 percent and the share at-
tributable to the Secretary and the Federal agency
jointly does not exceed 80 percent.
‘‘(3) ALLOWABLE MATCH FROM FEDERAL PRO-
GRAMS.—The following Federal programs may be
used to contribute additional Federal funds toward
a project’s cost and may be accounted for as contrib-
uting to the non-Federal share:
‘‘(A) State and Local Fiscal Assistance Act
of 1972 (Public Law 92–512).
‘‘(B) HUD Community Development Block
Grants (Public Law 93–383).
‘‘(C) Public Works Employment Act of
1976 (Public Law 94–369).
‘‘(D) Acts establishing national heritage
corridors and areas.
‘‘(E) Job Training Partnership Act of
1982 (Public Law 97–300).
‘‘(F) National and Community Service
Trust Act of 1993 (Public Law 103–82).
‘‘(G) Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public
Law 104–93).
‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A
State may allow adjustments of the non-Federal
share of individual projects in a fiscal year if the
total Federal share payable for all projects within
the State carried out under this section with funds
apportioned to the State under section 104(h) for
such fiscal year does not exceed 50 percent. For
purposes of this paragraph, a project funded under
paragraph (2) or (3) of this subsection may not be
included in the calculation of the programmatic non-
Federal share.
‘‘(5) STATE
ADMINISTRATIVE
COSTS.—The
Federal share payable on account of the administra-
tive costs of a State under subsection (e)(1)(A) shall
be determined in accordance with section 120(b).
‘‘(e) USE OF FUNDS.—
‘‘(1) PERMISSIBLE
USES.—A State may use
funds apportioned to it under section 104(h)—
‘‘(A) in an amount not exceeding 7 percent
of such funds, for administrative costs of the
State;
‘‘(B) in an amount not exceeding 5 percent
of such funds, for operation of environmental
protection education and safety education pro-
grams relating to the use of recreational trails;
‘‘(C) for development and rehabilitation of
urban trail linkages to provide connections to
and among neighborhoods and community cen-
ters and between trails;
‘‘(D) for maintenance of existing rec-
reational trails, including the grooming and
maintenance of trails across snow;
‘‘(E) for restoration of areas damaged by
usage of recreational trails, including back
country terrain;
‘‘(F) for development and rehabilitation of
trail-side and trail-head facilities that meet
goals identified by the National Recreational
Trails Advisory Committee;
‘‘(G) for provision of features which facili-
tate the access and use of trails by persons with
disabilities;
‘‘(H) for acquisition of easements for
trails, or for trail corridors identified in a State
trail plan;
‘‘(I) for acquisition of fee simple title to
property from a willing seller, when the objec-
tive of the acquisition cannot be accomplished
by acquisition of an easement or by other
means;
‘‘(J) for construction of new trails on
State, county, municipal, or private lands,
where a recreational need for such construction
is shown; and
‘‘(K) only as otherwise permissible and
where necessary and required by a statewide
comprehensive outdoor recreation plan, for con-
struction of new trails crossing Federal lands if
such construction is approved by the admin-
istering agency of the State and the Federal
agency or agencies charged with management of
all impacted lands and if such approval is con-
tingent upon compliance by the Federal agency
with all applicable laws, including the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Forest and Rangeland Re-
newable Resources Planning Act of 1974 (16