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(f) AUDITS
OF HIGHWAY TRUST FUND.—From
available administrative funds deducted under subsection
104(a) of such title, the Secretary may reimburse the Of-
fice of Inspector General of the Department of Transpor-
tation for conducting annual financial statement audits in
accordance with the provisions of the Chief Financial Offi-
cers Act of 1990.
(g) EQUITY ADJUSTMENTS.—Section 157 of such
title is revised to read as follows:
‘‘§ 157. Equity adjustments
‘‘(a) ADJUSTMENTS.—
‘‘(1) MINIMUM ALLOCATION.—In each of fiscal
years 1998, 1999, 2000, 2001, 2002, and 2003, on
October 1, or as soon as possible thereafter, the Sec-
retary shall allocate among the States amounts suffi-
cient to ensure that a State’s percentage of the total
apportionments in each such fiscal year for Inter-
state maintenance, National Highway System, sur-
face transportation program, bridge program, con-
gestion mitigation and air quality improvement pro-
gram, metropolitan planning, and infrastructure
safety program shall not be less than 90 percent of
the percentage of estimated tax receipts attributable
to highway users in the State paid into the Highway
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Trust Fund (other than the Mass Transit Account),
in the last fiscal year for which data are available.
‘‘(2) 90 PERCENT OF APPORTIONMENTS.—
‘‘(A) FISCAL YEAR 1998.—On October 1,
1997, or as soon as possible thereafter, the Sec-
retary 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, interstate re-
imbursement, National Highway System, sur-
face transportation program, bridge program,
congestion mitigation and air quality improve-
ment program, metropolitan planning, infra-
structure safety program, and minimum alloca-
tion shall not be less than 90 percent of the
amount of the State’s apportionments for such
categories, and the amounts received under 90
percent of payments, donor State bonus, hold
harmless, subsection 1015(c) of the Intermodal
Surface Transportation Efficiency Act of 1991,
and section 202 of the National Highway Sys-
tem Designation Act of 1995, in the previous
fiscal year.
‘‘(B) THEREAFTER.—In each of fiscal
years 1999, 2000, 2001, 2002, and 2003, on
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October 1, or as soon as possible thereafter, the
Secretary shall allocate among the States
amounts sufficient to ensure that a State’s per-
centage of the total apportionments in each
such fiscal year for interstate maintenance,
interstate reimbursement, National Highway
System, surface transportation program, bridge
program, congestion mitigation and air quality
improvement program, metropolitan planning,
infrastructure safety program, and minimum al-
location shall be not less than 90 percent of the
amount of the State’s apportionments for such
categories and amounts received under the 90
percent of apportionments adjustment of this
paragraph in the previous fiscal year.
‘‘(C) ALASKA.—Notwithstanding subpara-
graph (B), for each of fiscal years 1999, 2000,
2001, 2002, and 2003, on October 1, or as
soon as possible thereafter, the Secretary shall
allocate to the State of Alaska an amount suffi-
cient to ensure that Alaska’s percentage of the
total apportionments in such fiscal year for
interstate maintenance, interstate reimburse-
ment, National Highway System, surface trans-
portation program, bridge program, congestion
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mitigation and air quality improvement pro-
gram, metropolitan planning, infrastructure
safety program, and minimum allocation shall
not be less than 100 percent of the amount of
Alaska’s apportionments for such categories
and amounts received under the 90 percent of
apportionments adjustment of this paragraph in
the previous fiscal year.
‘‘(b) TREATMENT OF ALLOCATIONS.—
‘‘(1) Amounts allocated pursuant to subsection
(a) of this section shall be available for obligation
when allocated, shall be subject to the provisions of
this title, and may be obligated for any project eligi-
ble for funding under this title. One-half of the
amounts allocated pursuant to subsection (a) of this
section shall be subject to section 133(d)(2) of this
title. Obligation limitations for Federal-aid highways
and highway safety infrastructure programs under
this title or established by any subsequent Act shall
not apply to obligations made under this section, ex-
cept where the provision of law establishing such
limitation specifically amends or limits the applica-
bility of this sentence.
‘‘(2) Notwithstanding subsection (a) of this sec-
tion, the total amounts allocated pursuant to such
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subsection shall not exceed the amounts authorized
in subsection (d) of this section. If the total amounts
to be allocated pursuant to subsection (a) of this
section in any fiscal year would exceed of the
amounts authorized for such fiscal year under sub-
section (d) of this section, the allocation to each
State under subsection (a) of this section shall be re-
duced proportionately.
‘‘(c) 
TREATMENT
OF
WITHHELD
APPORTION-
MENTS.—For purposes of subsection (a) of this section,
any funds which, but for subsection 158(b) of this title
or any other provision of law under which Federal-aid
highway funds are withheld from apportionment, would be
apportioned to a State in a fiscal year under a section
referred to in subsection (a) shall be treated as being ap-
portioned in such year.
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—In
order to carry out this section, there are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $790,000,000 for fiscal year
1998, $674,000,000 for fiscal year 1999, $583,000,000
for fiscal year 2000, $528,000,000 for fiscal year 2001,
$508,000,000 for fiscal year 2002, and $508,000,000 for
fiscal year 2003.’’.
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(h) CONFORMING AMENDMENT.—The analysis of
chapter 1 of such title is amended by striking—
‘‘157. Minimum allocation.’’
and inserting—
‘‘157. Equity adjustments.’’.
SEC. 1005. STATE PERCENTAGE GUARANTEE.
(a) GENERAL RULE.—The amount of funds which,
but for this subsection, would be apportioned to a State
for each of fiscal years 1998 through 2003 under section
104(b)(3) of title 23, United States Code, shall be in-
creased or decreased by an amount which, when added to
or subtracted from the aggregate amount of funds appor-
tioned to a State for such fiscal year under sections
104(b), 144, 157, 160, and 164 of such title will result
in the percentage of amounts so apportioned to all States
being at least equal to the percentage listed for such State
in subsection (b) of this section.
(b) STATE PERCENTAGES.—For purposes of sub-
section (a) of this section, the percentage of amounts ap-
portioned which are referred to in subsection (a) for each
State, Puerto Rico, and the District of Columbia shall be
determined in accordance with the following table:
States:
Percentages
Alabama .............................................................................................
1.67
Alaska ................................................................................................
1.17
Arizona ...............................................................................................
1.4
Arkansas ............................................................................................
1.14
California ...........................................................................................
8.87
Colorado .............................................................................................
1.1
Connecticut ........................................................................................
1.87
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Delaware ............................................................................................
0.4
District of Columbia ..........................................................................
0.49
Florida ...............................................................................................
4.03
Georgia ...............................................................................................
2.86
Hawaii ................................................................................................
0.69
Idaho ..................................................................................................
0.63
Illinois ................................................................................................
3.38
Indiana ...............................................................................................
2.16
Iowa ....................................................................................................
1.11
Kansas ...............................................................................................
1.09
Kentucky ............................................................................................
1.47
Louisiana ...........................................................................................
1.39
Maine .................................................................................................
0.48
Maryland ............................................................................................
1.63
Massachusetts ....................................................................................
2.81
Michigan .............................................................................................
2.72
Minnesota ...........................................................................................
1.36
Mississippi ..........................................................................................
1.08
Missouri .............................................................................................
2.1
Montana .............................................................................................
0.87
Nebraska ............................................................................................
0.76
Nevada ...............................................................................................
0.57
New Hampshire .................................................................................
0.46
New Jersey .........................................................................................
2.69
New Mexico ........................................................................................
0.97
New York ...........................................................................................
5.19
North Carolina ...................................................................................
2.5
North Dakota .....................................................................................
0.57
Ohio ....................................................................................................
3.47
Oklahoma ...........................................................................................
1.35
Oregon ................................................................................................
1.13
Pennsylvania ......................................................................................
4.11
Rhode Island ......................................................................................
0.53
South Carolina ...................................................................................
1.24
South Dakota .....................................................................................
0.64
Tennessee ...........................................................................................
1.97
Texas ..................................................................................................
6.21
Utah ...................................................................................................
0.71
Vermont .............................................................................................
0.42
Virginia ..............................................................................................
2.16
Washington ........................................................................................
1.8
West Virginia .....................................................................................
0.88
Wisconsin ...........................................................................................
1.87
Wyoming ............................................................................................
0.62
Puerto Rico ........................................................................................
0.46
SEC. 1006. PROJECT APPROVAL AND OVERSIGHT.
(a) Section 106 of title 23, United States Code, is
amended—
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(1) by revising the section title to read as fol-
lows:
‘‘§ 106. Project approval and oversight’’;
(2) by redesignating subsections (e) and (f) as
(g) and (h), respectively; and
(3) by striking subsections (a), (b), (c), and (d)
and inserting the following:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this section, the State highway department shall submit
to the Secretary for approval such plans, specifications,
and estimates for each proposed project as the Secretary
may require. The Secretary shall act upon such plans,
specifications, and estimates as soon as practicable after
they have been submitted, and shall enter into a formal
project agreement with the State highway department for-
malizing the conditions of the project approval. The execu-
tion of such project agreement shall be deemed a contrac-
tual obligation of the Federal Government for the payment
of its proportional contribution thereto. In taking such ac-
tion, the Secretary shall be guided by the provisions of
section 109 of this title.
‘‘(b) PROJECT AGREEMENT.—The project agreement
shall make provision for State funds required for the
State’s pro rata share of the cost of construction of the
project and for the maintenance of the project after com-
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pletion of construction. The Secretary may rely upon rep-
resentations made by the State highway department with
respect to the arrangements or agreements made by the
State highway department and appropriate local officials
where a part of the project is to be constructed at the
expense of, or in cooperation with, local subdivisions of
the State.
‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—
‘‘(1) NHS PROJECTS.—Except as otherwise
provided in subsection (d) of this section, the Sec-
retary may discharge to the State any of the Sec-
retary’s responsibilities for the design, plans, speci-
fications, estimates, contract awards, and inspection
of projects under this title on the National Highway
System. The Secretary and the State shall reach
agreement as to the extent the State may assume
the Secretary’s responsibilities under this subsection.
The Secretary may not assume any greater respon-
sibility than the Secretary is permitted under this
title as of September 30, 1997, except upon agree-
ment by the Secretary and the State.
‘‘(2) NON-NHS
PROJECTS.—For all projects
under this title that are off the National Highway
System, the State shall assume the Secretary’s re-
sponsibility for the design, plans, specifications, esti-
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mates, contract awards, and inspection of projects
under this title.
‘‘(d) SECRETARY’S RESPONSIBILITIES.—Nothing in
this section, section 133, and section 149 of this title shall
affect or discharge any responsibility or obligation of the
Secretary under any Federal law, other than this title,
provided that any responsibility or obligation of the Sec-
retary under sections 113 and 114 of this title, and section
5333 of title 49, United States Code, shall not be affected
and may not be discharged under this section, section 133,
or section 149 of this title.
‘‘(e) In such cases as the Secretary deems advisable,
plans, specifications, and estimates for proposed projects
on any Federal-aid highway shall be accompanied by a
value engineering or other cost reduction analysis.
‘‘(f) FINANCIAL PLAN.—The Secretary shall require
a financial plan for any project with an estimated total
cost of $1,000,000,000 or more.’’.
(b) SAFETY STANDARDS.—Section 109 of such title
is amended by adding at the end the following new sub-
section:
‘‘(r) Safety considerations for projects under this title
may be met by phase construction.’’.
(c) DAVIS-BACON ACT.—Section 113(a) of such title
is revised to read as follows:
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‘‘(a) The Secretary shall ensure that laborers and me-
chanics employed by contractors and subcontractors in
construction work authorized under this title be paid
wages not less than those prevailing on similar construc-
tion in the locality, as determined by the Secretary of
Labor under the Act of March 3, 1931 (known as the
Davis-Bacon Act) (40 U.S.C. 275a–276a–5). For a labor
standard under this subsection, the Secretary of Labor
has the same duties and powers stated in Reorganization
Plan No. 14 of 1950 (effective May 24, 1950, 64 Stat.
1267) and section 2 of the Act of June 13, 1934 (40
U.S.C. 276c). This subsection shall not apply to construc-
tion work undertaken on highways classified as local roads
or rural minor collectors. This subsection shall also not
apply to transportation enhancement activities or rec-
reational trails activities, provided that such activities are
not within the right-of-way of or related to a Federal-aid
highway.’’.
(d) Such title is further amended by striking sections
105, 110 and 117.
(e) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23 is amended—
(1) by revising the item relating to section 106
to read as follows:
‘‘106. Project approval and oversight.’’;
and
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(2) by striking the items relating to sections
110 and 117.
SEC. 1007. REAL PROPERTY ACQUISITION AND CORRIDOR
PRESERVATION.
(a) ADVANCE ACQUISITION OF REAL PROPERTY.—
Section 108 of title 23, United States Code, is amended—
(1) by revising the section heading to read as
follows:
‘‘§ 108. Advance acquisition of real property’’;
(2) by revising subsection (a) to read as follows:
‘‘(a) For the purpose of facilitating the timely and
economical acquisition of real property for any transpor-
tation improvement eligible for funding under this title,
the Secretary, upon the request of a State, is authorized
to make available, for the acquisition of real property,
those funds apportioned to that State which may be ex-
pended on such transportation improvement, under such
rules and regulations as the Secretary may prescribe. The
agreement between the Secretary and the State for the
reimbursement of the cost of such real property shall pro-
vide for the actual construction of a transportation im-
provement within a period not exceeding 20 years follow-
ing the fiscal year in which such request is made unless
a longer period is determined to be reasonable by the Sec-
retary.’’; and
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(3) by revising subsection (c) to read as follows:
‘‘(c) Funds apportioned and advanced to States by
the Secretary from the right-of-way revolving fund pursu-
ant to this section prior to the effective date of this section
remain available to such States for use on the projects
for which such funds were advanced for a period of 10
years from the date such funds were advanced. Imme-
diately upon the termination of the 10-year period of time,
or when actual construction is commenced, or upon ap-
proval by the Secretary of the plans, specifications, and
estimates for such project for the actual construction of
a project on rights-of-way with respect to which funds had
been advanced from the right-of-way revolving fund,
whichever shall occur first, the Highway Trust Fund shall
be credited with an amount equal to the Federal share
of the funds advanced, as provided in section 120 of this
title, out of any Federal-aid highway funds apportioned
to the State in which such project is located and available
for obligation for projects of the type funded, and the
State shall reimburse the Secretary in an amount equal
to the non-Federal share of the funds advanced for deposit
in, and credit to, the Highway Trust Fund.’’.
(b) CREDIT FOR ACQUIRED LANDS.—Section 323(b)
of such title is amended—
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(1) by revising the subsection heading to read
as follows:
‘‘(b) CREDIT FOR ACQUIRED LANDS.—’’;
(2) by revising paragraphs (1) and (2) to read
as follows:
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title, the State matching
share for a project with respect to which Federal as-
sistance is provided out of the Highway Trust Fund
(other than the Mass Transit Account) may be cred-
ited by the fair market value of any land that is ob-
tained by the State without violation of Federal law
or requirements and is incorporated into the project.
‘‘(2) 
ESTABLISHMENT
OF
FAIR
MARKET
VALUE.—The fair market value of the land incor-
porated into a project shall be established as deter-
mined by the Secretary. Fair market value shall not
include increases and decreases in the value of do-
nated property caused by the project. For purposes
of this subsection, the fair market value of donated
land shall be established as of the date the donation
becomes effective or when equitable title to the land
vests in the State, whichever is earlier.’’;
(3) by striking paragraph (3);
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(4) in paragraph (4), by striking ‘‘to which the
donation is applied’’; and
(5) by redesignating paragraph (4) as para-
graph (3).
(c) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
striking—
‘‘108. Advance acquisition of rights-of-way.’’
and inserting—
‘‘108. Advance acquisition of real property.’’.
SEC. 1008. PROCEEDS FROM THE SALE OR LEASE OF REAL
PROPERTY.
(a) IN GENERAL.—Section 156 of title 23, United
States Code, is revised to read as follows:
‘‘§ 156. Proceeds from the sale or lease of real prop-
erty
‘‘(a) Subject to section 142(f) of this title, States
shall charge, at a minimum, fair market value for the sale,
use, lease, or lease renewals (other than for utility use and
occupancy or for transportation projects eligible for assist-
ance under this title) of real property acquired with Fed-
eral assistance made available from the Highway Trust
Fund (other than the Mass Transit Account).
‘‘(b) Exceptions to charging for use or disposition of
real property may be granted by the Secretary for social,
environmental, or economic mitigation purposes.
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‘‘(c) The Federal share of net income from the reve-
nues obtained by the State for sales, uses, or leases (in-
cluding lease renewals) under this section shall be used
by the State for projects eligible under this title.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
striking—
‘‘156. Income from airspace rights-of-way.’’
and inserting—
‘‘156. Proceeds from the sale or lease of real property.’’.
SEC. 1009. INTERSTATE MAINTENANCE PROGRAM.
(a) ELIMINATION
OF GUIDELINES
AND ANNUAL
CERTIFICATION REQUIREMENTS; PREVENTIVE MAINTE-
NANCE ELIGIBILITY.—
(1) Section 109 of title 23, United States Code,
is amended—
(A) by striking subsection (m); and
(B) by redesignating subsections (n), (o),
(p), (q), and (r) as (m), (n), (o), (p), and (q),
respectively.
(2) Section 119 of such title is amended—
(A) by striking subsections (b) and (e);
and
(B) by redesignating subsections (c), (d),
(f), and (g) as (b), (c), (d), and (e), respec-
tively.
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(b) ELIGIBLE ACTIVITIES.—Section 119(b) of such
title, as so redesignated, is amended—
(1) by inserting ‘‘highways,’’ after ‘‘reconstruc-
tion of’’; and
(2) by inserting ‘‘and ITS capital improvements
that are infrastructure based to the extent that they
improve the performance of the Interstate System,’’
after ‘‘where necessary,’’.
(c) TRANSFERABILITY
OF INTERSTATE MAINTE-
NANCE FUNDS.—Section 119(d) of such title, as so redes-
ignated, is revised to read as follows:
‘‘(d) TRANSFERABILITY
OF INTERSTATE MAINTE-
NANCE FUNDS.—If a State certifies to the Secretary that
any part of the sums apportioned to the State under sec-
tion 104(b)(5)(B) of this title are in excess of the needs
of the State for its Interstate System pavement and
bridges and that the State is adequately maintaining its
Interstate System pavement and bridges in accordance
with condition criteria developed by the Secretary, and the
Secretary accepts such certification, the State may trans-
fer such excess part to its apportionment under sections
104(b)(1) and 104(b)(3) of this title.’’.
(d) TECHNICAL AMENDMENT.—Section 119(a) of
such title is amended by striking ‘‘; except that the Sec-
retary may only approve a project pursuant to this sub-
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section on a toll road if such road is subject to a Secretar-
ial agreement provided for in subsection (e)’’.
SEC. 1010. MAINTENANCE.
(a) DUTY TO MAINTAIN.—Section 116(a) of title 23,
United States Code, is amended by striking ‘‘system.’’ and
inserting ‘‘highway, or, for a highway bridge on a public
road that is classified as a local or rural minor collector,
such obligation shall cease when such road is no longer
a public road.’’.
(b) ANNUAL CERTIFICATION.—Section 116(c) of
such title is amended—
(1) by striking ‘‘If at any time’’ and inserting
‘‘Each State shall annually certify to the Secretary
that it is maintaining each project constructed with
Federal-aid highway funds in accordance with the
purposes for which each project was designed and
constructed. If a State does not so certify or if, at
any time,’’; and
(2) by inserting after ‘‘until such’’ the follow-
ing: ‘‘certification has been submitted and accepted
or such’’.
(c) TECHNICAL AMENDMENTS.—Section 116 of such
title is amended—
(1) in subsection (b)—
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(A) by striking ‘‘the Federal-aid secondary
system, or within a municipality,’’ and inserting
‘‘a Federal-aid highway, or within a jurisdic-
tion,’’; and
(B) by striking ‘‘county or municipality’’
and inserting ‘‘jurisdiction’’; and
(2) in subsection (c)—
(A) by striking ‘‘he’’ and inserting ‘‘the
Secretary’’; and
(B) by striking ‘‘further projects’’ and in-
serting ‘‘further expenditure of Federal-aid
highway program funds’’.
SEC. 1011. INTERSTATE 4R DISCRETIONARY PROGRAM.
Section 118 of title 23, United States Code, is
amended—
(1) in the heading for subsection (c) by striking
‘‘SET
ASIDE
FOR
INTERSTATE
DISCRETIONARY
PROJECTS.—’’ and inserting ‘‘SET
ASIDE
FOR
INTERSTATE 4R PROJECTS.—’’;
(2) by striking paragraphs (c)(1) and (c)(2);
and
(3) by inserting after the heading of subsection
(c) the following:
‘‘(1) IN GENERAL.—Before any apportionment
is made under section 104(b)(1) of this title, the
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Secretary shall set aside $45,000,000 for each of fis-
cal years 1998, 1999, 2000, 2001, 2002, and 2003
for obligation by the Secretary for projects for resur-
facing, restoring, rehabilitating, and reconstructing
any route or portion thereof on the Interstate Sys-
tem (other than any highway designated as a part
of the Interstate System under section 139 and any
toll road on the Interstate System not subject to an
agreement under section 119(e) of this title, as in
effect on the day before the date of enactment of the
Intermodal Surface Transportation Efficiency Act of
1991, or an agreement under section 129(a) of this
title). Such funds shall be made available by the
Secretary to any State applying for such funds, if
the Secretary determines that—
‘‘(A) the State has obligated or dem-
onstrates that it will obligate in the fiscal year
all 
of 
its 
apportionments 
under 
section
104(b)(1) of this title other than an amount
which, by itself, is insufficient to pay the Fed-
eral share of the cost of a project for resur-
facing, restoring, rehabilitating, and recon-
structing the Interstate System which has been
submitted by the State to the Secretary for ap-
proval; and
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‘‘(B) the applicant is willing and able to—
‘‘(i) obligate the funds within one year
of the date the funds are made available;
‘‘(ii) apply the funds to a ready-to-
commence project; and
‘‘(iii) in the case of construction work,
begin work within 90 days of obligation.
‘‘(2)
PRIORITY CONSIDERATION
FOR
CER-
TAIN I-4R PROJECTS.—In selecting projects to fund
under paragraph (1) of this subsection, the Sec-
retary shall give priority consideration to any project
the cost of which exceeds $10,000,000 on any high
volume route in an urban area or a high truck-vol-
ume route in a rural area.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
DISCRE-
TIONARY FUNDS.—Sums made available pursuant to
this subsection shall remain available until ex-
pended.’’.
SEC. 1012. EMERGENCY RELIEF.
(a) FEDERAL SHARE.—Section 120(e) of title 23,
United States Code, is amended—
(1) by striking ‘‘highway system’’ and inserting
‘‘highway’’;
(2) by striking ‘‘the Federal share payable on
a project on such system as provided in subsections
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(a) and (b) of this section’’ and inserting ‘‘75 per-
cent of the costs thereof’’; and
(3) by striking ‘‘180 days’’ and inserting ‘‘30
days’’.
(b) ELIGIBILITY
AND FUNDING.—Section 125 of
such title is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), and
(d) as (d), (e), and (f), respectively;
(3) by inserting after the section heading the
following new subsections:
‘‘(a) GENERAL ELIGIBILITY.—An emergency fund is
authorized for expenditure by the Secretary, subject to the
provisions of this section and section 120 of this title, for
the repair or reconstruction of highways, roads, and trails
which the Secretary finds have suffered serious damage,
in any part of the United States, including Indian reserva-
tions, as a result of—
‘‘(1) natural disaster over a wide area, such as
by floods, hurricanes, tidal waves, earthquakes, se-
vere storms, or landslides; or
‘‘(2) catastrophic failure from any external
cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event
shall funds be used pursuant to this section for the repair
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or reconstruction of bridges that have been permanently
closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due
to structural deficiencies or physical deterioration.
‘‘(c) FUNDING.—Subject to the following limitations,
there is hereby authorized to be appropriated from the
Highway Trust Fund such sums as may be necessary to
establish the fund authorized by this section and to replen-
ish it on an annual basis—
‘‘(1) not more than $100,000,000 is authorized
to be obligated in any one fiscal year commencing
after September 30, 1980, to carry out the provi-
sions of this section, except that, if in any fiscal year
the total of all obligations under this section is less
than the amount authorized to be obligated in such
fiscal year, the unobligated balance of such amount
shall remain available until expended and shall be in
addition to amounts otherwise available to carry out
this section each year; and
‘‘(2) pending such appropriation or replenish-
ment, the Secretary may obligate from any funds
heretofore or hereafter appropriated for obligation in
accordance with this title, including existing Federal-
aid appropriations, such sums as may be necessary
for the immediate prosecution of the work herein au-
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thorized, provided that such funds are reimbursed
from the appropriations authorized in paragraph (1)
of this subsection when such appropriations are
made.’’;
(4) in subsection (d), as so redesignated, by
striking ‘‘subsection (c)’’ both times it appears and
inserting ‘‘subsection (e)’’; and
(5) in subsection (e), as so redesignated, by
striking ‘‘on any of the Federal-Aid highway sys-
tems’’ and inserting ‘‘Federal-aid highways’’.
SEC. 1013. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) TOLLS ON THE INTERSTATE SYSTEM.—Section
129(a)(1) of title 23, United States Code, is amended—
(1) in subparagraph (A) by striking ‘‘(other
than a highway, bridge, or tunnel on the Interstate
System)’’; and
(2) in subparagraph (D) by striking ‘‘(other
than a highway on the Interstate System)’’.
(b) ELIMINATION OF PILOT PROGRAM.—Section 129
of such title is amended by striking subsection (d).
SEC. 1014. SURFACE TRANSPORTATION PROGRAM.
(a) ESTABLISHED PROGRAM.—Section 133(a) of title
23, United States Code, is amended by striking ‘‘ESTAB-
LISHMENT.—The Secretary shall establish’’ and inserting
‘‘IN GENERAL.—The Secretary shall carry out’’.
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(b) ELIGIBLE PROJECTS.—Section 133(b) of such
title is amended—
(1) in paragraph (2) by striking ‘‘and publicly
owned intracity or intercity bus terminals and facili-
ties’’ and inserting ‘‘, including vehicles and facili-
ties, publicly or privately owned, that are used to
provide intercity passenger service by bus or rail’’;
(2) in paragraph (3) by adding after ‘‘section
217’’ the following: ‘‘, and the modification of exist-
ing public sidewalks to comply with the requirements
of the Americans with Disabilities Act’’;
(3) in paragraph (4)—
(A) by inserting ‘‘, publicly owned rail,’’
after ‘‘Highway’’;
(B) by inserting ‘‘infrastructure’’ after
‘‘safety’’; and
(C) by inserting before the period ‘‘and
any other non-infrastructure highway safety im-
provements’’;
(4) in paragraph (8), by inserting after ‘‘activi-
ties’’ the following: ‘‘, as defined in subsection
101(a), provided that such activities have a direct
link to surface transportation’’;
(5) in paragraph (11)—
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(A) by inserting after ‘‘participation in’’
each place it appears ‘‘natural habitat and’’;
(B) by inserting after ‘‘enhance and cre-
ate’’ the following: ‘‘natural habitats and’’; and
(C) by inserting before ‘‘wetlands conserva-
tion’’ the following ‘‘natural habitat and’’; and
(6) by adding at the end thereof the following:
‘‘(12) Publicly owned intercity passenger rail
infrastructure and publicly owned intercity freight
rail infrastructure, including that owned by the Na-
tional Railroad Passenger Corporation.
‘‘(13) Publicly owned passenger rail vehicles, in-
cluding those owned by the National Railroad Pas-
senger Corporation.
‘‘(14) Infrastructure-based Intelligent Trans-
portation Systems capital improvements.’’.
(c) ELIMINATION OF SAFETY SET-ASIDE.—Section
133 of such title is amended—
(1) in the heading of subsection (d) by striking
‘‘ALLOCATIONS OF APPORTIONED FUNDS’’ and in-
serting ‘‘USE OF FUNDS’’;
(2) in subsection (d)—
(A) by striking paragraph (1); and
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(B) by redesignating paragraphs (2), (3),
(4), and (5), as (1), (2), (3), and (4), respec-
tively;
(3) in paragraph (d)(2), as so redesignated, by
striking ‘‘80’’ and inserting ‘‘90’’;
(4) in subparagraph (d)(2)(B), as so redesig-
nated, by striking ‘‘tobe obligated under subpara-
graph’’ and inserting ‘‘to be obligated under clause’’;
(5) in subparagraph (d)(2)(E), as so redesig-
nated, by striking ‘‘subparagraph’’ each place it ap-
pears and inserting ‘‘clause’’; and
(6) in subparagraph (d)(4)(A), as so redesig-
nated, by striking ‘‘paragraph (2)’’ and inserting
‘‘paragraph (1)’’.
(d) PROGRAM APPROVAL.—Section 133(e)(2) of such
title 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
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of the United States for the payment of surface
transportation program funds provided under this
title.’’.
(e) PAYMENTS.—Section 133(e)(3) of such title is
amended—
(1) by striking the second sentence in subpara-
graph (A); and
(2) by striking ‘‘subsection (d)(2)’’ and insert-
ing ‘‘paragraph (d)(1)’’ in clause (B)(i).
(f) OBLIGATION AUTHORITY.—Section 133(f) of such
title is amended to read as follows:
‘‘(f) OBLIGATION AUTHORITY.—(1) A State that is
required to obligate in an urbanized area with an urban-
ized area population of over 200,000 under subsection (d)
of this section funds apportioned to it under section
104(b)(3) of this title shall make available during the 3-
fiscal year period of 1998 through 2000 and the 3-fiscal
year period of 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid high-
ways and highway safety construction for use in such area
determined by multiplying—
‘‘(A) the aggregate amount of funds that the
State is required to obligate in such area under sub-
section (d) of this section during each such period;
by
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‘‘(B) the ratio of the aggregate amount of obli-
gation authority distributed to the State for Federal-
aid highways and highway safety construction dur-
ing each such period to the total sums apportioned
to the State for Federal-aid highways and highway
safety construction (excluding sums not subject to
an obligation limitation) during each such period.
‘‘(2) Each State, affected metropolitan planning or-
ganization, and the Secretary shall jointly ensure compli-
ance with paragraph (1) of this subsection.
‘‘(3) Each State, in cooperation with each affected
metropolitan planning organization, shall ensure fair and
equitable treatment of central cities over 200,000 popu-
lation in implementing the requirements of paragraph (1)
of this subsection.’’.
SEC. 1015. METROPOLITAN PLANNING.
Section 134 of title 23, United States Code, is revised
to read as follows:
‘‘§ 134. Metropolitan planning
‘‘(a) GENERAL REQUIREMENTS.—It is in the na-
tional interest to encourage and promote the safe and effi-
cient management, operation and development of surface
transportation systems that will serve the mobility needs
of people and freight within and through urbanized areas,
while minimizing transportation-related fuel consumption
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and air pollution, in a fair and equitable manner. To ac-
complish this objective, metropolitan planning organiza-
tions, in cooperation with the State and public transit op-
erators, shall develop transportation plans and programs
for urbanized areas of the State. Such plans and programs
shall provide for the development and integrated manage-
ment and operation (excluding maintenance) of transpor-
tation systems and facilities (including pedestrian walk-
ways and bicycle transportation facilities) which will func-
tion as an intermodal transportation system for the metro-
politan area and as an integral part of an intermodal
transportation system for the State and the Nation. The
process for developing such plans and programs shall pro-
vide for consideration of all modes of transportation and
shall be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the trans-
portation problems.
‘‘(b) METROPOLITAN PLANNING ORGANIZATIONS.—
‘‘(1) DESIGNATION.—To carry out the trans-
portation planning process required by this section,
a metropolitan planning organization shall be des-
ignated for each urbanized area of more than 50,000
population by agreement between the Governor and
units of general purpose local government which to-
gether represent at least 51 percent of the affected
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population (including the central city or cities as de-
fined by the Bureau of the Census) or by procedures
established under applicable State law.
‘‘(2) REDESIGNATION.—A metropolitan plan-
ning organization may be redesignated by agreement
between the Governor and units of general purpose
local government which together represent at least
51 percent of the affected population (including the
central city or cities as defined by the Bureau of the
Census) or by procedures established under applica-
ble State law.
‘‘(3) DESIGNATION OF MORE THAN ONE MPO.—
More than one metropolitan planning organization
may be designated within an existing metropolitan
planning area only if the Secretary concurs with a
request from the Governor and existing MPO that
the size and complexity of the existing metropolitan
planning area make designation of more than one
metropolitan planning organization for such area ap-
propriate.
‘‘(4) MPO STRUCTURE.—The policy boards of
metropolitan planning organizations, serving areas
designated as a transportation management area,
when designated or redesignated, shall include local
officials, officials of public agencies which administer
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or operate major modes of transportation in the
metropolitan area (including all transportation agen-
cies included in the metropolitan planning organiza-
tion as of June 1, 1991), and appropriate State offi-
cials.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to interfere with the authority, under any State law
in effect on December 18, 1991, of a public agency
with multimodal transportation responsibilities to—
‘‘(A) develop plans and programs for adop-
tion by a metropolitan planning organization;
and
‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry
out other activities pursuant to State law.
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.—For the purposes of this section, the boundaries
of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organiza-
tion and the Governor. Each metropolitan planning area
shall cover at least the existing urbanized area and the
contiguous area expected to become urbanized within the
20-year forecast period and may encompass the entire
metropolitan statistical area or consolidated metropolitan
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statistical area, as defined by the Bureau of the Census.
For an area designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under the Clean
Air Act, the boundaries of the metropolitan planning area
in existence as of the last day of fiscal year 1996 shall
be retained, except that such boundaries may be adjusted
by agreement of the affected metropolitan planning orga-
nizations and Governors. For an urbanized area des-
ignated after September 30, 1996, the planning area
boundaries shall cover at least the urbanized area and the
contiguous area expected to become urbanized within the
20-year forecast period and may encompass the entire
metropolitan statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the Census.
The boundaries shall be established by agreement between
the appropriate units of general purpose local government
(including the central city) and the Governor and address
appropriately any nonattainment area identified under the
Clean Air Act for ozone, carbon monoxide, or particulate
matter.
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encour-
age Governors with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide co-
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ordinated transportation planning for the entire met-
ropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of
Congress is hereby given to any two or more States
to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as such activities per-
tain to interstate areas and localities within such
States and to establish such agencies, joint or other-
wise, as such States may deem desirable for making
such agreements and compacts effective.
‘‘(e) COORDINATION OF MPO’s.—If more than one
metropolitan planning organization has authority within
an existing metropolitan planning area or an area which
is designated as a nonattainment area for ozone, carbon
monoxide or particulate matter under the Clean Air Act,
each metropolitan planning organization shall coordinate
with the other metropolitan planning organizations des-
ignated for such area and the State in the development
of plans and programs required by this section.
‘‘(f) SCOPE OF THE PLANNING PROCESS.—
‘‘(1) The metropolitan transportation planning
process shall consider as appropriate goals and ob-
jectives that—
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‘‘(i) ensure preservation, including re-
quirements for management, operation (ex-
cluding maintenance), modernization, and
rehabilitation, of the existing and future
transportation system; and
‘‘(ii) make the most efficient use of
existing transportation facilities to relieve
congestion, to efficiently serve the mobility
needs of people and goods and to enhance
access within the metropolitan planning
area, especially for those without access to
private motor vehicles.
‘‘(C) Include a financial plan that dem-
onstrates how the adopted transportation plan
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
For the purpose of developing the transpor-
tation plan, the MPO, public transit agency,
and State, shall cooperatively develop estimates
of funds that will be available to support plan
implementation.
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‘‘(3) COORDINATION WITH RELATED PLANNING
ACTIVITIES.—
‘‘(A) In metropolitan areas that are in
nonattainment for ozone, carbon monoxide, or
particulate matter under the Clean Air Act (41
U.S.C. 7401 et seq.), the metropolitan planning
organization and the State air quality agency
(and local air quality agencies as appropriate)
shall coordinate the process of developing the
transportation plan and the State air quality
implementation plan, including development of
the transportation control measures for the
State implementation plan.
‘‘(B) The metropolitan planning process
shall develop transportation plans with due con-
sideration of and in coordination with other re-
lated planning activities within the metropolitan
planning area.
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before adopting a transportation plan, each
metropolitan planning organization shall provide citi-
zens, affected public agencies, representatives of
transportation agency employees, freight shippers,
private providers of transportation, and other inter-
ested parties with a reasonable opportunity to com-
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ment on the transportation plan, in a manner that
the Secretary deems appropriate.
‘‘(5) 
PUBLICATION
OF
TRANSPORTATION
PLAN.—Each transportation plan prepared by a
metropolitan planning organization shall be—
‘‘(A) published or otherwise made readily
available for public review; and
‘‘(B) submitted for information purposes
to the Governor at such times and in such man-
ner as the Secretary shall establish.
‘‘(h) METROPOLITAN TRANSPORTATION IMPROVE-
MENT PROGRAM.—
‘‘(1) DEVELOPMENT.—The metropolitan plan-
ning organization designated for a metropolitan
area, in cooperation with the State and any affected
public transit operator, shall develop a transpor-
tation improvement program for the area for which
such organization is designated. In developing the
program, the metropolitan planning organization, in
cooperation with the State and affected public tran-
sit operator, shall provide citizens, affected public
agencies, representatives of transportation agency
employees, other affected employee representatives,
freight shippers, private providers of transportation,
and other interested parties with a reasonable oppor-
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tunity to comment on the proposed program. The
program shall be updated at least once every 2 years
and shall be approved by the metropolitan planning
organization and the Governor.
‘‘(2) CONTENT.—The transportation improve-
ment program shall include the following:
‘‘(A) A listing of proposed federally sup-
ported surface transportation projects and
strategies to be carried out within each 3-year
period after the initial adoption of the transpor-
tation improvement program.
‘‘(B) A financial plan that demonstrates
how the transportation improvement program
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
program, and identifies innovative financing
techniques to finance projects, programs, and
strategies. For the purpose of developing the
transportation improvement program, the MPO,
public transit agency, and State shall coopera-
tively develop estimates of funds that will be
available to support program implementation.
‘‘(3) INCLUDED
PROJECTS.—A transportation
improvement program developed under this sub-
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section for a metropolitan area shall include the
projects and strategies within the area that are pro-
posed for funding under chapter 1 of this title and
chapter 53 of title 49, United States Code. Region-
ally significant projects proposed for funding under
chapter 2 of this title shall be identified individually,
and chapter-2 funded projects not deemed to be re-
gionally significant shall be either grouped in one
line item or identified individually. All projects shall
be consistent with the transportation plan developed
under subsection (g) of this section for the area. The
program shall include a project, or an identified
phase of a project, only if full funding can reason-
ably be anticipated to be available for the project
within the time period contemplated for completion
of the project.
‘‘(4) NOTICE AND COMMENT.—Before approv-
ing a transportation improvement program, a metro-
politan planning organization shall, in cooperation
with the State and any public transit operator, pro-
vide citizens, affected public agencies, representa-
tives of transportation agency employees, private
providers of transportation, and other interested
parties with reasonable notice of and an opportunity
to comment on the proposed program.
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‘‘(5) SELECTION OF PROJECTS.—Except as oth-
erwise provided in paragraph (i)(4) of this section
and in addition to the cooperative transportation im-
provement program development called for in para-
graph (h)(1) of this section, selection of federally
funded projects for implementation in metropolitan
areas shall be carried out by the State and des-
ignated transit funding recipients from the approved
transportation improvement program in cooperation
with the metropolitan planning organization.
‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) DESIGNATION.—The Secretary shall des-
ignate as transportation management areas all ur-
banized areas over 200,000 population. The Sec-
retary shall designate any additional area as a trans-
portation management area upon the request of the
Governor and the metropolitan planning organiza-
tion designated for such area.
‘‘(2) 
TRANSPORTATION
PLANS
AND
PRO-
GRAMS.—Within a transportation management area,
transportation plans and programs shall be based on
a continuing and comprehensive transportation plan-
ning process carried out by the metropolitan plan-
ning organization in cooperation with the State and
public transit operator.
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‘‘(3) CONGESTION
MANAGEMENT
SYSTEM.—
Within a transportation management area, the
transportation planning process under this section
shall include a congestion management system that
provides for effective management of new and exist-
ing transportation facilities eligible for funding
under this title and chapter 53 of title 49, United
States Code, through the use of travel demand re-
duction and operational management strategies.
‘‘(4) SELECTION OF PROJECTS.—In addition to
the cooperative transportation improvement program
development called for in paragraph (h)(1) of this
section, all federally funded projects carried out
within the boundaries of a transportation manage-
ment area pursuant to this title (excluding projects
undertaken on the National Highway System and
pursuant to the bridge and interstate maintenance
programs) or pursuant to chapter 53 of title 49,
United States Code, shall be selected for implemen-
tation from the approved transportation improve-
ment program by the metropolitan planning organi-
zation designated for such area in consultation with
the State and public transit operator. Projects un-
dertaken within the boundaries of a transportation
management area on the National Highway System
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or pursuant to the bridge and Interstate mainte-
nance programs shall be selected for implementation
from the approved transportation improvement pro-
gram by the State in cooperation with the metropoli-
tan planning organization designated for such area.
‘‘(5) CERTIFICATION.—The Secretary shall as-
sure that the metropolitan planning process in each
transportation management area is being carried out
under applicable provisions of Federal law, and shall
so certify at least once every 3 years. The Secretary
may make such certification only if (1) the transpor-
tation planning process complies with the require-
ments of this section and other applicable require-
ments of Federal law, and (2) there is a transpor-
tation improvement program for the area that has
been approved by the metropolitan planning organi-
zation and the Governor. If a metropolitan planning
process is not certified, the Secretary may withhold
all or part of the apportioned funds attributable to
the transportation management area under title 23
and chapter 53 of title 49, United States Code. The
withheld apportionments shall be restored to the
metropolitan area at such time as the metropolitan
planning organization is certified by the Secretary.
The Secretary shall not withhold certification under
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this section based upon the policies and criteria es-
tablished by a metropolitan planning organization or
transit grant recipient for determining the feasibility
of private enterprise participation in accordance with
section 5306(a) of title 49.
‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CER-
TAIN AREAS.—For a metropolitan area not designated as
a transportation management area under this section, the
Secretary may provide for the development of an abbre-
viated metropolitan transportation plan and program that
the Secretary determines to be appropriate to achieve the
purposes of this section, taking into account the complex-
ity of transportation problems in such area. In no event
shall the Secretary permit abbreviated plans or programs
for a metropolitan area which is in nonattainment for
ozone, carbon monoxide or particulate matter under the
Clean Air Act.
‘‘(k) ADDITIONAL REQUIREMENTS
FOR CERTAIN
NONATTAINMENT AREAS.—Notwithstanding any other
provisions of this title or chapter 53 of title 49, United
States Code, for a transportation management area classi-
fied as nonattainment for ozone, carbon monoxide or par-
ticulate matter pursuant to the Clean Air Act, Federal
funds may not be programmed in such area for any high-
way project that will result in a significant increase in car-
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rying capacity for single-occupant vehicles unless the
project results from an approved congestion management
system which is part of the planning process. The provi-
sions of this subsection apply to the nonattainment area
within the planning area boundary defined in subsection
(c) of this section.
‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to confer on
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility,
provider, or project not eligible under this title of chapter
53 of title 49, United States Code.
‘‘(m) FUNDING.—Funds set aside pursuant to sec-
tion 104(f) of this title and section 5303 of title 49 shall
be available to carry out the requirements of this section.
Any funds that are not used for the purpose of carrying
out this section may be made available by the metropolitan
planning organization to the State for the purpose of fund-
ing activities under section 135 of this title.’’
SEC. 1016. STATEWIDE PLANNING.
Section 135 of title 23, United States Code, is revised
to read as follows:
‘‘§ 135. Statewide planning
‘‘(a) GENERAL REQUIREMENTS.—It is in the na-
tional interest to encourage and promote the safe and effi-
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cient management, operation and development of surface
transportation systems that will serve the mobility needs
of people and freight throughout the State in a fair and
equitable manner. Subject to section 134 of this title and
sections 5303 through 5305 of title 49, the State shall
develop transportation plans and programs for all areas
of the State. Such plans and programs shall provide for
the development and integrated management and oper-
ation (excluding maintenance) of transportation systems
(including pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal State trans-
portation system and an integral part of the Nation’s
intermodal transportation system. The process for devel-
oping such plans and programs shall provide for consider-
ation of all modes of transportation and shall be continu-
ing, cooperative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation prob-
lems.
‘‘(b) SCOPE OF THE PLANNING PROCESS.—
‘‘(1) Each State shall undertake a transpor-
tation planning process that shall consider as appro-
priate transportation goals and objectives that—
‘‘(A) support the economic vitality of the
Nation, its States and metropolitan areas, espe-
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cially by enabling global competitiveness, pro-
ductivity and efficiency;
‘‘(B) increase the safety and security of
the transportation system;
‘‘(C) increase the accessibility and mobility
options available to people and for freight, espe-
cially to people without access to private motor
vehicles;
‘‘(D) protect and enhance the environment,
energy conservation, and quality of life;
‘‘(E) 
enhance 
the 
integration 
and
connectivity of the transportation system,
across and between modes throughout the State
for people and freight;
‘‘(F) promote efficient system management
and operation; and
‘‘(G) emphasize the preservation of the ex-
isting transportation system.
‘‘(2) The State shall cooperatively determine
with its planning partners how these considerations
are translated into State goals and objectives and
how they are factored into decision-making.
‘‘(3) In addition, each State in carrying out
planning under this section shall consider the follow-
ing:
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‘‘(A) The coordination of transportation
plans, programs and planning activities devel-
oped and performed for metropolitan areas of
the State under section 134 of this title and
sections 5303 through 5305 of title 49, with the
State transportation plans, programs and plan-
ning activities developed and performed under
this section and the reconciliation of such plans
and 
programs 
as 
necessary 
to 
ensure
connectivity within transportation systems and
to ensure that the requirements of the Clean
Air Act are met.
‘‘(B) In non-metropolitan areas the con-
cerns of local elected officials having jurisdic-
tion over transportation.
‘‘(C) The concerns of Indian tribal govern-
ments and Federal Lands Agencies having ju-
risdiction over lands within the boundaries of
the State.
‘‘(D) Coordination of transportation plans,
programs and planning activities with related
planning activities being undertaken outside of
metropolitan planning areas.
‘‘(c) TRANSPORTATION PLAN.—The State shall de-
velop a transportation plan, with a minimum 20-year fore-
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cast period, for all areas of the State that provides for
the development and implementation of the State’s inter-
modal transportation system. With respect to metropolitan
areas of the State, the plan shall be developed in coopera-
tion with metropolitan planning organizations designated
for metropolitan areas in the State under section 134 of
this title and sections 5303 through 5305 of title 49. In
non-metropolitan areas, the statewide plan shall be devel-
oped in consultation with local elected officials with juris-
diction over transportation. With respect to areas of the
State under the jurisdiction of an Indian tribal govern-
ment, the plan shall be developed in cooperation with such
government and the Secretary of the Interior. In develop-
ing the plan, the State shall provide citizens, affected pub-
lic agencies, representatives of transportation agency em-
ployees, other affected employee representatives, freight
shippers, private providers of transportation, and other in-
terested parties with a reasonable opportunity to comment
on the proposed plan and shall identify transportation
strategies necessary to efficiently serve the mobility needs
of people, especially those without access to private motor
vehicles.
‘‘(d) STATE TRANSPORTATION IMPROVEMENT PRO-
GRAM.—
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‘‘(1) DEVELOPMENT.—The State shall develop
a transportation improvement program for all areas
of the State. With respect to a metropolitan area of
the State, the program shall be developed in co-
operation with the metropolitan planning organiza-
tions designated for the metropolitan area under sec-
tion 134 of this title and sections 5303 through
5305 of title 49. In a non-metropolitan area, the
program shall be developed in consultation with local
elected officials with jurisdiction over transportation.
In developing the program, the Governor shall pro-
vide citizens, affected public agencies, representa-
tives of transportation agency employees, other af-
fected employee representatives, freight shippers,
private providers of transportation, and other inter-
ested parties with a reasonable opportunity to com-
ment on the proposed program.
‘‘(2) INCLUDED
PROJECTS.—A transportation
improvement program for a State developed under
this subsection shall include federally supported sur-
face transportation expenditures within the bound-
aries of the State. Regionally significant projects
proposed for funding under chapter 2 of this title
shall be identified individually, and chapter 2-funded
projects not deemed to be regionally significant shall
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be either grouped in one line item or identified indi-
vidually. All projects shall be consistent with the
transportation plan developed under this section for
the State, identical with an approved metropolitan
transportation improvement program, and in an area
designated as nonattainment for ozone, carbon mon-
oxide, or particulate matter under the Clean Air Act
conform with the applicable State implementation
plan developed pursuant to the Clean Air Act. The
program shall include a project, or an identified
phase of a project, only if full funding can reason-
ably be anticipated to be available for such project
within the time period contemplated for completion
of the project. The program shall also reflect the pri-
orities for programming and expenditures of funds,
including transportation enhancements, required by
this title.
‘‘(3) PROJECT
SELECTION
FOR
AREAS
LESS
THAN 50,000 POPULATION.—Projects undertaken in
areas of less than 50,000 population shall be se-
lected for advancement from the approved State
transportation improvement program by the State in
consultation with the affected local officials.
‘‘(4) BIENNIAL
REVIEW
AND
APPROVAL.—A
transportation 
improvement 
program 
developed
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under this subsection shall be reviewed and, upon a
finding that the planning process through which the
program was developed is consistent with this sec-
tion and section 134 of this title, approved no less
frequently than biennially by the Secretary.
‘‘(e) FUNDING.—Funds set aside pursuant to section
329(a) of title 23, United States Code, and section
5313(b) of title 49, United States Code, shall be available
to carry out the requirements of this section.’’.
SEC. 1017. RESEARCH, TRAINING, AND EMPLOYMENT OP-
PORTUNITIES.
(a) TRAINING.—
(1) Section 140(a) of title 23, United States
Code, is amended by inserting after the third sen-
tence the following: ‘‘In implementing such pro-
grams, a State should reserve training positions for
persons who receive welfare assistance from such
State.’’.
(2) Section 140(b) of such title is amended—
(A) in the first sentence—
(i) by inserting ‘‘and technology’’
after ‘‘construction’’; and
(ii) by inserting after ‘‘programs’’ the
following: ‘‘, and to develop and fund Sum-
mer Transportation Institutes’’; and
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(B) in the last sentence by striking ‘‘may
be available’’ and inserting ‘‘should be utilized’’.
(b) EMPLOYMENT.—
(1) Section 140(d) of such title is amended in
the second sentence by striking ‘‘may’’ and inserting
‘‘should’’.
(2) Section 140 of such title is further amended
by adding at the end the following new subsections:
‘‘(e) WELFARE RECIPIENT EMPLOYMENT.—
‘‘(1) Nothing in this title shall preclude the
preferential employment, in accordance with para-
graph (2) of this subsection, of persons who receive
welfare assistance and persons who reside in
Empowerment Zones and Enterprise Communities
designated in accordance with 26 U.S.C. 1391.
‘‘(2) A State should implement a preference for
employment of persons who receive welfare assist-
ance from such State and persons who reside in
Empowerment Zones and Enterprise Communities
in such State on any project carried out under this
title. The Secretary shall cooperate with States to
implement this subsection.
‘‘(f) WELFARE ASSISTANCE DEFINED.—As used in
this section, the term ‘welfare assistance’ means assistance
provided in accordance with title I of the Personal Respon-
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sibility and Work Opportunity Act of 1996 (42 U.S.C. 601
et seq.).
‘‘(g) VIRGIN ISLANDS RESIDENT EMPLOYMENT.—
‘‘(1) Nothing in this title shall preclude the
preferential employment, in accordance with para-
graph (2) of this subsection, of local workers on any
project carried out under this title in the Virgin Is-
lands.
‘‘(2) The territory of the Virgin Islands should
implement a preference for employment of local
workers on any project carried out under this title
in the Virgin Islands. The Secretary shall cooperate
with the Virgin Islands to implement this sub-
section.’’.
(c) TECHNICAL CORRECTIONS.—Section 140 of such
title is further amended—
(1) in the second sentence of subsection (a) by
striking ‘‘He’’ and inserting ‘‘The Secretary’’;
(2) in the third sentence of subsection (a)—
(A) by striking ‘‘of the Federal-aid sys-
tems’’ and inserting ‘‘Federal-aid highway’’;
and
(B) by striking ‘‘he’’ and inserting ‘‘the
Secretary’’;
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(3) in the fourth sentence of subsection (a) by
striking ‘‘him’’ and inserting ‘‘the Secretary’’;
(4) in subsection (b) by striking ‘‘he’’ and in-
serting ‘‘the Secretary’’;
(5) in subsection (c) by striking ‘‘he’’ and in-
serting ‘‘the Secretary’’; and
(6) in the heading of subsection (d) by striking
‘‘and contracting’’.
(d) MINORITY
INSTITUTIONS
OF
HIGHER
EDU-
CATION.—Section 307 of such title is amended by adding
at the end the following new subsection:
‘‘(i) MINORITY INSTITUTIONS
OF HIGHER EDU-
CATION.—To increase their participation in grants and co-
operative agreements awarded under this section, the Sec-
retary shall establish an assistance program to increase
participation by historically black colleges and universities,
Hispanic-serving institutions, American Indian community
colleges, and other minority institutions of higher edu-
cation, as defined under 20 U.S.C. 1059c(b)(1), 1061(2)
and 1135d–5(3) or as may be designated by the United
States Department of Education pursuant to other Fed-
eral laws. Notwithstanding any other provision of this
title, this program may utilize limited competition to in-
crease the award of grants and cooperative agreements
under this Section to such institutions, so long as other-
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wise consistent with law. The Secretary may issue regula-
tions to implement this program.’’.
SEC. 1018. DISADVANTAGED BUSINESS ENTERPRISES.
(a) GENERAL RULE.—Except to the extent that the
Secretary determines otherwise, not less than 10 percent
of the amounts authorized to be appropriated for any pro-
gram under titles I, III, V, and VI of this Act shall be
expended with small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
uals.
(b) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) 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 indi-
vidual or individuals which has average annual gross
receipts over the preceding 3 fiscal years in excess
of $16,600,000, as adjusted by the Secretary for in-
flation.
(2) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
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ing such term has under section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant sub-
contracting regulations promulgated pursuant there-
to; except that women shall be presumed to be so-
cially and economically disadvantaged individuals for
purposes of this section.
(c) ANNUAL LISTING OF DISADVANTAGED BUSINESS
ENTERPRISES.—Each State shall annually survey and
compile a list of the small business concerns referred to
in paragraph (1) and the location of such concerns in the
State and notify the Secretary, in writing, of the percent-
age of such concerns which are controlled by women, by
socially and economically disadvantaged individuals (other
than women), and by individuals who are women and are
otherwise socially and economically disadvantaged individ-
uals.
(d) UNIFORM CERTIFICATION.—The Secretary shall
establish minimum uniform criteria for State governments
to use in certifying whether a concern qualifies for pur-
poses of this section. Such minimum uniform criteria shall
include but not be limited to on-site visits, personal inter-
views, licenses, analysis of stock ownership, listing of
equipment, analysis of bonding capacity, listing of work
completed, resume of principal owners, financial capacity,
and type of work preferred.
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SEC. 1019. HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION PROGRAM.
(a) Section 144 of title 23, United States Code, is
revised to read as follows:
‘‘§ 144. Highway bridge replacement and rehabilita-
tion program
‘‘(a) PURPOSE.—The purposes of the Highway
Bridge Replacement and Rehabilitation Program author-
ized under this section are to enable States to replace or
rehabilitate highway bridges on public roads that cross wa-
terways, other topographical barriers, other highways, and
railroads, where such highway bridges are significantly im-
portant and are unsafe because of structural deficiencies
or functional obsolescence; and to fund certain preventive
measures listed in subsection (c) of this section, which are
designed to prolong the lives of such highway bridges.
‘‘(b) BRIDGE INVENTORY.—
‘‘(1) The Secretary shall—
‘‘(A) 
annually 
inventory 
all 
highway
bridges on public roads that cross waterways,
other topographical barriers, other highways,
and railroads;
‘‘(B) classify each such bridge according to
serviceability, safety, and essentiality for public
use;
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‘‘(C) assign each such bridge a priority for
replacement or rehabilitation based on the clas-
sification in subparagraph (B); and
‘‘(D) determine the cost of rehabilitating
each such bridge or replacing each such bridge
with a comparable facility.
‘‘(2) The Secretary shall consult with the Sec-
retary of the Interior in preparing the inventory of
highway bridges on Indian reservation roads and
park roads under paragraph (1) of this subsection.
‘‘(3) The Secretary shall consult with the States
in preparing the inventory of highway bridges on
public roads under paragraph (1) of this subsection.
‘‘(4) The Secretary may, at the request of a
State, inventory highway bridges on public roads for
historical significance.
‘‘(c) ELIGIBLE HIGHWAY BRIDGE PROJECTS.—
‘‘(1) REPLACEMENT
AND
REHABILITATION.—
Each State seeking to obligate funds under this sec-
tion for a project to replace a highway bridge with
a comparable facility designed according to current
engineering standards or rehabilitate a highway
bridge that the priority system established under
subsection (b) of this section shows to be eligible
shall apply to the Secretary. The Secretary may ap-
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prove Federal participation in such project under
this section, and shall determine the eligibility of
such project based upon the unsafe highway bridges
in the State.
‘‘(2) PREVENTIVE MEASURES.—
‘‘(A) Each State seeking to obligate funds
under this section to seismically retrofit, paint,
apply calcium magnesium acetate to, or install
scour countermeasures on a highway bridge on
a public road that crosses waterways, other top-
ographical barriers, other highways, or railroads
shall apply to the Secretary.
‘‘(B) The Secretary may approve Federal
participation in any project described in sub-
paragraph (A) of this paragraph without regard
to whether the highway bridge is eligible for re-
placement or rehabilitation under this section.
‘‘(d) APPORTIONMENTS.—
‘‘(1) Funds authorized to carry out this section
shall be apportioned among the several States on the
first day of the fiscal year for which they are author-
ized, or as soon as possible thereafter, in accordance
with this subsection.
‘‘(2) Each deficient bridge shall be placed into
one of the following categories:
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‘‘(A) Federal-aid highway bridges eligible
for replacement;
‘‘(B) Federal-aid highway bridges eligible
for rehabilitation;
‘‘(C) bridges eligible for replacement that
are on public roads functionally classified as
local roads or rural minor collectors; or
‘‘(D) bridges eligible for rehabilitation that
are on public roads functionally classified as
local roads or rural minor collectors.
‘‘(3) The square footage of deficient bridges in
each category shall be multiplied by the respective
unit price on a State-by-State basis, as determined
by the Secretary; and the total cost in each State di-
vided by the total cost of the deficient bridges in all
States shall determine the apportionment factors.
For purposes of the preceding sentence, the total
cost of deficient bridges in a State shall be reduced
in fiscal year 2003 by the total amount of funds ap-
portioned to that State under this section that the
State—
‘‘(A) transferred to an apportionment
under paragraphs 104(b)(1) or (b)(3) of this
title, in accordance with subsection 104(g) of
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this title, in fiscal years 1998 through 2002;
and
‘‘(B) did not restore to its apportionment
under this section by the end of fiscal year
2002.
‘‘(4) A State may receive not more than 10 per-
cent or less than 0.25 percent of the total apportion-
ment under this section in a fiscal year.
‘‘(5) The Secretary shall make the determina-
tions required under this subsection based upon the
latest available data, which shall be updated annu-
ally.
‘‘(6) Not less than 15 percent and not more
than 35 percent of the amount apportioned to each
State in each fiscal year shall be expended for
projects to replace, rehabilitate, seismic retrofit,
paint, apply calcium magnesium acetate to, or install
scour countermeasures on highway bridges located
on public roads that are functionally classified as
local roads or rural minor collectors. The Secretary,
after consultation with local and State officials in a
State, may, with respect to such State, reduce the
requirement for expenditure for highway bridges on
public roads that are functionally classified as local
roads or rural minor collectors when the Secretary
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determines that such State has inadequate needs to
justify such expenditure.
‘‘(7) Funds apportioned under this section shall
remain available for obligation for a period of 3
years after the last day of the fiscal year for which
the funds are authorized, except that the Secretary
shall reapportion any funds not obligated by a State
at the expiration of such period to the other States
in accordance with this section. The use of funds au-
thorized under this section to carry out a project for
the seismic retrofitting or painting of, the applica-
tion of calcium magnesium acetate to, or the instal-
lation of scour countermeasures on a bridge shall
not affect the apportionment of funds under this
section.
‘‘(e) BRIDGE PERMIT EXEMPTION.—Notwithstand-
ing any other provision of law, the General Bridge Act
of 1946 (33 U.S.C. 525–533) shall apply to bridges au-
thorized to be replaced, in whole or in part, under this
section, except that subsection 502(b) of the General
Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of
the Act of March 3, 1899 (33 U.S.C. 401) shall not apply
to any bridge constructed, reconstructed, rehabilitated, or
replaced with assistance under this title, if such bridge is
over waters that are—
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‘‘(1) not used and not susceptible to use in
their natural condition or by reasonable improve-
ment as a means to transport interstate or foreign
commerce; and
‘‘(2) not tidal; or
‘‘(3) tidal but used only by recreational boating,
fishing, and other small vessels less than 21 feet in
length.
‘‘(f) DISTRIBUTION
OF APPORTIONED FUNDS.—
Sums apportioned to a State under this section shall be
made available for obligation throughout such State on a
fair and equitable basis.
‘‘(g) PERIODIC SECRETARIAL REVIEW.—The Sec-
retary shall periodically review the procedure used in ap-
proving or disapproving applications submitted under this
section to determine what changes, if any, should be made
to expedite such procedure. Any such changes shall be im-
plemented by the Secretary as soon as possible.
‘‘(h) HISTORIC BRIDGE PROGRAM.—
‘‘(1) COORDINATION.—The Secretary shall, in
cooperation with the States, implement the programs
described in this section in a manner that encour-
ages the inventory, retention, rehabilitation, adaptive
reuse, and future study of historic bridges.
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‘‘(2) STATE INVENTORY.—The Secretary shall
require each State to complete an inventory of all
bridges on public roads to determine their historical
significance.
‘‘(3) ELIGIBILITY.—Reimbursable project costs
under this title for historical bridge projects shall
be—
‘‘(A) reasonable costs associated with ac-
tions to preserve, or reduce the impact of a
project under this chapter on, the historic integ-
rity of a historic bridge, if the load capacity and
safety features of the bridge are adequate to
serve the intended use for the life of the bridge;
except that in the case of a bridge that is no
longer used for motorized vehicular traffic, the
costs eligible as reimbursable project costs pur-
suant to this subsection shall not exceed the es-
timated cost of demolition of such bridge; and
‘‘(B) costs incurred by a State to preserve
a historic bridge, including funds made avail-
able to a State, locality, or responsible private
entity to enable it to accept the bridge under
this subsection, up to an amount not to exceed
the cost of demolition. Any bridge preserved
pursuant to this subparagraph shall thereafter
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not be eligible for any other funds authorized
under this title.
‘‘(4) PRESERVATION.—Any State that proposes
to demolish a historic bridge for a replacement
project to be funded under this section shall first
make the bridge available for donation to a State, lo-
cality, or responsible private entity that enters into
an agreement to—
‘‘(A) maintain the bridge and the features
that give it its historical significance; and
‘‘(B) assume all future legal and financial
responsibility for the bridge, which may include
an agreement to hold the State highway agency
harmless in any liability action.
‘‘(5) HISTORIC BRIDGE DEFINED.—As used in
this subsection, the term ‘historic bridge’ means any
bridge that is listed on, or eligible for listing on, the
National Register of Historic Places.
‘‘(i) APPLICABILITY OF STATE STANDARDS TO NON-
NHS PROJECTS.—Projects other than projects on the Na-
tional Highway System shall be designed, constructed, op-
erated, and maintained in accordance with State laws, reg-
ulations, directives, and State safety, design, and con-
struction standards.
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‘‘(j) REHABILITATE DEFINED.—As used in this sec-
tion, the term ‘rehabilitate’ in any of its forms means
major work necessary to restore the structural integrity
of a bridge as well as work necessary to correct a major
safety defect.
‘‘(k) DISCRETIONARY BRIDGE PROGRAM.—
‘‘(1) ALLOCATIONS.—Of the amounts author-
ized for each of fiscal years 1998, 1999, 2000, 2001,
2002, and 2003 to carry out this section, all but
$55,000,000 shall be apportioned as provided in
subsection (d) of this section. $55,000,000 per each
such fiscal year shall be allocated at the discretion
of the Secretary for any project eligible under para-
graph (2) of this subsection and shall be available
for obligation each year on the date of each such ap-
portionment in the same manner and to the same
extent as the sums apportioned on such date.
‘‘(2) ELIGIBLE
DISCRETIONARY
PROJECTS.—
Amounts made available under paragraph (1) of this
subsection for obligation at the discretion of the Sec-
retary may be obligated only—
‘‘(A) for a project for a highway bridge the
replacement or rehabilitation cost of which is
more than $10,000,000; and
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‘‘(B) for a project for a highway bridge the
replacement or rehabilitation cost of which is
less than $10,000,000, if such cost is at least
twice the amount apportioned to the State in
which such bridge is located in accordance with
subsection (d) of this section for the fiscal year
in which application is made for a grant for
such bridge.’’.
(b) TRANSFERABILITY
OF
BRIDGE
APPORTION-
MENTS.—Section 104(g) of such title is amended by in-
serting before the period at the end of the third sentence
the following: ‘‘only if there are no National Highway Sys-
tem bridges in such State that require load posting based
on National Bridge Inventory Item 70’’.
SEC. 1020. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
(a) ESTABLISHED PROGRAM.—Section 149(a) of title
23, United States Code, is amended by striking ‘‘ESTAB-
LISHMENT.—The Secretary shall establish’’ and inserting
‘‘IN GENERAL.—The Secretary shall carry out’’.
(b) ELIGIBLE PROJECTS.—Section 149(b) of such
title is revised to read as follows:
‘‘(b) ELIGIBLE PROJECTS.—Except as provided in
subsection (c), a State may obligate funds apportioned to
it under section 104(b)(2) for the congestion mitigation
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and air quality improvement program only for a transpor-
tation project or program if the project or program is for
an area 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 clas-
sified pursuant to sections 181(a), 186(a), or 188(a) or
(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), or
7513(a) or (b)) except as otherwise provided in paragraph
(f)(2) of this section; and—
‘‘(1)(A) if the Secretary, after consultation with
the Administrator of the Environmental Protection
Agency, determines, on the basis of information pub-
lished by the Environmental Protection Agency pur-
suant to section 108(f)(1)(A) of the Clean Air Act,
that the project or program is—
‘‘(i) likely to contribute to the attainment
of a national ambient air quality standard in a
nonattainment area designated and classified in
accordance with the provisions of the Clean Air
Act cited in this subsection; or
‘‘(ii) likely to reduce emissions for the
maintenance of a national ambient air quality
standard in a nonattainment area designated
and classified in accordance with the provisions
of the Clean Air Act cited in this subsection