I
105TH CONGRESS
1ST SESSION
H. R. 674
To authorize funds for construction of highways, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1997
Mr. DELAY (for himself, Mr. CONDIT, Mr. GINGRICH, Mr. HOSTETTLER, Ms.
BROWN of Florida, Mr. BUYER, Mr. COBLE, Mr. WOLF, Mr. DICKEY,
Mr. NORWOOD, Mr. BURTON
of Indiana, Mr. HAMILTON, Mr.
THORNBERRY, Mr. TANNER, Mr. GOODE, Mr. MCCOLLUM, Mr. BATE-
MAN, Mrs. CARSON, Mr. MCINTYRE, Mr. MCINTOSH, Mr. SENSEN-
BRENNER, Mr. ORTIZ, Mr. BONILLA, Mr. SALMON, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. STEARNS, Mr. GOODLATTE, Mrs. FOWLER, Mr.
SOUDER, Mr. PARKER, Mr. SAM JOHNSON of Texas, Mr. LEWIS of Ken-
tucky, Mr. DUNCAN, Mr. BRYANT, Mr. DEAL of Georgia, Mrs. MEEK of
Florida, Mr. STENHOLM, Mr. SANDLIN, Mr. CANADY of Florida, Mr.
BURR of North Carolina, Mr. FROST, Mr. ROEMER, Mr. EDWARDS, Mrs.
NORTHUP, Mr. TAYLOR of North Carolina, Mr. ARCHER, Mr. PICKETT,
Mr. BENTSEN, Mr. SESSIONS, Mr. COMBEST, Mr. PEASE, Mr. TURNER,
Mr. HASTINGS of Florida, Mr. HINOJOSA, Mr. HEFNER, Mr. SISISKY,
Mr. CRAMER, Mr. GOSS, Mr. SCOTT, Mr. CALLAHAN, Mr. BALLENGER,
Mr. EVERETT, Mr. BARTON of Texas, Mr. SMITH of Texas, Mr. MICA,
Mr. JONES, Mr. BRADY, Mr. LUCAS of Oklahoma, Mr. WHITFIELD, Mr.
JOHN, Mr. BAESLER, Mr. HALL of Texas, Mr. ETHERIDGE, Mr. PRICE
of North Carolina, Ms. JACKSON-LEE of Texas, Mrs. MYRICK, Mr.
WATTS of Oklahoma, and Mr. HULSHOF) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture
A BILL
To authorize funds for construction of highways, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘ISTEA Integrity Restoration Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Declaration of policy.
Sec. 3. Authorization of appropriations.
Sec. 4. National Highway System.
Sec. 5. Eligibility of Interstate maintenance activities.
Sec. 6. Streamlined surface transportation program.
Sec. 7. Population determinations.
Sec. 8. Highway bridge replacement and rehabilitation activities.
Sec. 9. Congestion mitigation and air quality improvement activities.
Sec. 10. Apportionment adjustment program.
Sec. 11. Repeal of set-asides for discretionary programs.
Sec. 12. Technical correction to program administration set-aside.
Sec. 13. Effective date; applicability; certain unobligated balances.
SEC. 2. DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is
amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) DECLARATION OF POLICY.—Congress finds and
declares the following:
‘‘(1) The National Highway System is the foun-
dation for the Nation’s unified, connected transpor-
tation system. National policy for the National
Highway System should be broadly focused, consid-
ering all vital economic and mobility resources.
‘‘(2) The national policy will direct our common
resources toward preservation and management of
our present transportation infrastructure. National
surface transportation policy should be directed to-
ward maintaining a safe, mobile, and economically
competitive transportation system for, and ensuring
the national security of, the United States.
‘‘(3) While the National Highway System links
the United States to provide enhanced economic and
social mobility, the surface transportation needs of
each State and region differ greatly. The surface
transportation program should focus on the fun-
damental needs of the Nation’s transportation net-
work, while refraining from prescribing the form of
that network for all parts of the country.
‘‘(4) The national surface transportation policy
must provide sufficient flexibility for States and lo-
calities to respond to diverse local needs.
‘‘(5) National funding for surface transpor-
tation should be based on current, reasonable, and
appropriate revenue distribution formulas. Appro-
priate and adequate funding will enhance the ability
of all States to meet common goals in safety, mobil-
ity, and economic development.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—For the purpose of carrying out
title 23, United States Code, the following sums are au-
thorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account):
(1) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of title
23, United States Code, $8,638,000,000 for fiscal
year 1998, $8,782,000,000 for fiscal year 1999,
$8,966,000,000 
for 
fiscal 
year 
2000,
$9,147,000,000 
for 
fiscal 
year 
2001, 
and
$9,345,000,000 for fiscal year 2002.
(2) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title $12,958,000,000 for fiscal year
1998, $13,173,000,000 for fiscal year 1999,
$13,449,000,000 
for 
fiscal 
year 
2000,
$13,720,000,000 
for 
fiscal 
year 
2001, 
and
$14,018,000,000 for fiscal year 2002.
(3) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
that title $196,000,000 for fiscal year 1998,
$201,000,000 
for 
fiscal 
year 
1999,
$207,000,000 
for 
fiscal 
year 
2000,
$212,000,000 
for 
fiscal 
year 
2001, 
and
$218,000,000 for fiscal year 2002.
(B) PUBLIC LANDS HIGHWAYS.—For pub-
lic lands highways under section 204 of that
title $176,000,000 for fiscal year 1998,
$181,000,000 
for 
fiscal 
year 
1999,
$186,000,000 
for 
fiscal 
year 
2000,
$191,000,000 
for 
fiscal 
year 
2001, 
and
$196,000,000 for fiscal year 2002.
(C) PARKWAYS
AND
PARK
ROADS.—For
parkways and park roads under section 204 of
that title $86,000,000 for fiscal year 1998,
$88,000,000 for fiscal year 1999, $91,000,000
for fiscal year 2000, $93,000,000 for fiscal year
2001, and $96,000,000 for fiscal year 2002.
(b) OBLIGATION LIMITATIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), notwithstanding any other provision of
law, any limitation on obligations established for any
of fiscal years 1998 through 2003 for funds appor-
tioned or allocated from the Highway Trust Fund
(other than the Mass Transit Account) shall apply
to all such apportionments and allocations, unless
the provision of law establishing the limitation spe-
cifically amends or limits the applicability of this
paragraph.
(2) EMERGENCY
RELIEF.—Any limitation on
obligations described in paragraph (1) shall not
apply to any allocation made under section 125 of
title 23, United States Code.
SEC. 4. NATIONAL HIGHWAY SYSTEM.
(a) DEFINITIONS.—Section 101(a) of title 23, United
States Code, is amended—
(1) by adding at the end the following:
‘‘The term ‘highway funds’ means, with respect to a
fiscal year, the funds apportioned and allocations author-
ized by the ISTEA Integrity Restoration Act and this title
to a State for the fiscal year, and the funds administra-
tively allocated to a State for the preceding fiscal year (if
any), for Federal-aid highways and highway safety con-
struction (other than funds made available for emergency
relief under section 125 and for the Federal lands high-
ways program under section 204).’’; and
(2) by reordering the undesignated paragraphs
so that they are in alphabetical order.
(b) APPORTIONMENTS.—Section 104(b) of title 23,
United States Code, is amended by striking paragraph (1)
and inserting the following:
‘‘(1) NATIONAL
HIGHWAY
SYSTEM.—For the
National Highway System, 0.4 percent to the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands and the re-
maining 99.6 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 apportion-
ments equal to the percentage specified for
the State in section 157(d); 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—
‘‘(I) the total rural lane miles in
each State, as certified by the Sec-
retary; bears to
‘‘(II) the total rural lane miles in
all States for which the apportionment
is not determined under subparagraph
(A)(i).
‘‘(ii) 1⁄9 of the remaining apportion-
ments in the ratio that—
‘‘(I) the total rural vehicle miles
traveled in each State, as certified by
the Secretary; bears to
‘‘(II) the total rural vehicle miles
traveled in all States for which the ap-
portionment is not determined under
subparagraph (A)(i).
‘‘(iii) 2⁄9 of the remaining apportion-
ments in the ratio that—
‘‘(I) the total urban lane miles in
each State, as certified by the Sec-
retary; bears to
‘‘(II) the total urban lane miles
in all States for which the apportion-
ment is not determined under sub-
paragraph (A)(i).
‘‘(iv) 2⁄9 of the remaining apportion-
ments in the ratio that—
‘‘(I) the total urban vehicle miles
traveled in each State, as certified by
the Secretary; bears to
‘‘(II) 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—
‘‘(I) the total diesel fuel used on
highways in each State, as certified by
the Secretary; bears to
‘‘(II) the total diesel fuel used on
highways in all States for which the
apportionment 
is 
not 
determined
under subparagraph (A)(i).’’.
(c) BRIDGES
AS
ELIGIBLE
PROJECTS.—Section
103(i) of title 23, United States Code, is amended by add-
ing at the end the following:
‘‘(14) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of bridges on seg-
ments of the National Highway System.’’.
SEC. 5. ELIGIBILITY OF INTERSTATE MAINTENANCE AC-
TIVITIES.
(a) ELIMINATION
OF APPORTIONMENTS.—Section
104(b) of title 23, United States Code, is amended by
striking paragraph (5).
(b) FUNDING OF ACTIVITIES.—Section 119 of title
23, United States Code, is amended—
(1) in the section heading, by striking ‘‘pro-
gram’’ and inserting ‘‘activities’’;
(2) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘sections 103 and
139(c) of this title and routes on the Inter-
state System designated before the date of
enactment of this sentence under section
139(a) and (b) of’’; and
(ii) by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (d)’’; and
(B) by striking the second sentence and in-
serting the following: ‘‘Projects approved under
the preceding sentence shall be carried out
using funds apportioned in accordance with
paragraphs (1) and (3) of section 104(b).’’;
(3) in subsection (b), by striking the third sen-
tence and all that follows;
(4) by striking subsections (d), (f), and (g); and
(5) by redesignating subsection (e) as sub-
section (d).
(c) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of title 23, Unit-
ed States Code, is amended by striking the item re-
lating to section 119 and inserting the following:
‘‘119. Interstate maintenance activities.’’.
(2) Section 104 of title 23, United States Code,
is amended—
(A) in the first sentence of subsection (a),
by striking ‘‘the National Highway System, and
the Interstate System’’ and inserting ‘‘and the
National Highway System’’;
(B) in the matter preceding paragraph (1)
of subsection (b)—
(i) by striking ‘‘except as provided in
paragraph (5)(A) of this subsection’’; and
(ii) by striking ‘‘the National Highway
System, and the Interstate System’’ and
inserting ‘‘and the National Highway Sys-
tem’’; and
(C) in subsection (e)—
(i) in the first sentence, by striking
‘‘(other than under subsection (b)(5) of
this section)’’;
(ii) in the second sentence, by striking
‘‘the sums which he has apportioned under
subsection (b)(5) of this section to each
State for such fiscal year, and also’’ and
(iii) in the last sentence, by striking ‘‘,
except that in the case of the Interstate
System the Secretary shall advise each
State ninety days prior to the apportion-
ment of such funds’’.
(3) Section 115(b)(1) of title 23, United States
Code, is amended by striking ‘‘or 104(b)(5), as the
case may be,’’.
(4) Section 137(f)(1) of title 23, United States
Code, is amended by striking ‘‘section 104(b)(5)(B)
of this title’’ and inserting ‘‘section 104(b)(3)’’.
(5) Section 139 of title 23, United States Code,
is amended by striking ‘‘sections 104(b)(1) and
104(b)(5)(B) of this title’’ each place it appears and
inserting ‘‘section 104(b)(1)’’.
(6) Section 141(c) of title 23, United States
Code, is amended by inserting ‘‘(as in effect on the
day before the date of enactment of the ISTEA In-
tegrity Restoration Act)’’ after ‘‘section 104(b)(5) of
this title’’ each place it appears.
(I) in clause (i), by striking ‘‘sec-
tion 104(b)(5)(A)’’ and inserting ‘‘sec-
tion 104(b)(5)(A) (as in effect on the
day before the date of enactment of
the 
ISTEA 
Integrity 
Restoration
Act)’’; and
(II) in clause (ii), by striking
‘‘section 104(b)(5)(B)’’ and inserting
‘‘section 104(b)(5)(B) (as in effect on
the day before the date of enactment
of the ISTEA Integrity Restoration
Act)’’;
(ii) in paragraph (3)—
(I) in subparagraph (A), by strik-
ing ‘‘section 104(b)(5)(A)’’ and insert-
ing ‘‘section 104(b)(5)(A) (as in effect
on the day before the date of enact-
ment of the ISTEA Integrity Restora-
tion Act)’’;
(II) in subparagraph (B), by
striking 
‘‘(5)(B)’’ 
and 
inserting
‘‘(5)(B) (as in effect on the day before
the date of enactment of the ISTEA
Integrity Restoration Act)’’; and
(III) in the last sentence, by
striking ‘‘section 104(b)(5)’’ and in-
serting ‘‘section 104(b)(5) (as in ef-
fect on the day before the date of en-
actment of the ISTEA Integrity Res-
toration Act)’’; and
(iii) in paragraph (4), by striking
‘‘section 104(b)(5)’’ and inserting ‘‘section
104(b)(5) (as in effect on the day before
the date of enactment of the ISTEA Integ-
rity Restoration Act)’’.
(10) Section 161(a) of title 23, United States
Code, is amended by striking ‘‘paragraphs (1), (3),
and (5)(B) of section 104(b)’’ each place it appears
and inserting ‘‘paragraphs (1) and (3) of section
104(b)’’.
(11) Section 1009 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C.
119 note; 105 Stat. 1933) is amended by striking
subsection (c).
(12) Section 31314 of title 49, United States
Code, is amended—
(A) in subsections (a) and (b), by striking
‘‘(5),’’ each place it appears and inserting ‘‘(5)
(as in effect on the day before the date of en-
actment of the ISTEA Integrity Restoration
Act),’’;
(B) in subsection (c)(1)(A), by inserting
‘‘(as in effect on the day before the date of en-
actment of the ISTEA Integrity Restoration
Act)’’ after ‘‘section 104(b)(5)(B) of title 23’’;
and
(C) in each of subsections (d)(2) and (e),
by inserting ‘‘(as in effect on the day before the
date of enactment of the ISTEA Integrity Res-
toration Act)’’ after ‘‘section 104(b)(5) of title
23’’.
SEC. 6. STREAMLINED SURFACE TRANSPORTATION PRO-
GRAM.
(a) IN GENERAL.—Section 133 of title 23, United
States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘bridges
(including bridges on public roads of all func-
tional classifications),’’ and inserting ‘‘bridges
on the Federal-aid system and bridges off the
Federal-aid system,’’; and
(B) by adding at the end the following:
‘‘(12) With respect to each area of a State that
is a nonattainment area under the Clean Air Act (42
U.S.C. 7401 et seq.) for ozone or carbon monoxide,
or for particulate matter with an aerodynamic diam-
eter smaller than or equal to 10 micrometers (known
as ‘PM–10’) resulting from transportation activities,
or for any combination of these substances, for any
congestion mitigation and air quality improvement
project or program without regard to any limitation
of the Department of Transportation relating to the
type of ambient air quality standard addressed by
the project or program.’’;
(2) in subsection (c), by striking ‘‘unless such
roads are on a Federal-aid highway system on Janu-
ary 1, 1991, and’’;
(3) in subsection (d)—
(A) by striking paragraphs (1) and (2);
(B) 
by 
redesignating 
paragraphs 
(3)
through (5) as paragraphs (1) through (3), re-
spectively;
(C) in paragraph (1) (as so redesig-
nated)—
(i) by striking subparagraph (A) and
inserting the following:
‘‘(A) GENERAL RULE.—Except as provided
in subparagraph (C), for each fiscal year, a
State shall allocate for use in each area of the
State with an urbanized area population of over
200,000 persons an amount of the funds avail-
able for obligation under section 104(b)(3) for
the fiscal year determined by multiplying—
‘‘(i) the amount of funds required to
be allocated for use in the areas under the
Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102–240)
for fiscal year 1997; by
‘‘(ii) the amount determined by divid-
ing—
‘‘(I) the highway funds of the
State for the fiscal year; by
‘‘(II) the highway funds of the
State for fiscal year 1997.’’;
(ii) in subparagraph (B), by striking
‘‘subparagraph (A)(ii)’’ and inserting ‘‘this
section’’;
(iii) by striking subparagraph (C) and
inserting the following:
‘‘(C) 
SPECIAL
RULE
FOR
CERTAIN
STATES.—Subparagraph (A) shall not apply in
the case of a State—
‘‘(i) in which greater than 80 percent
of the population of the State is located in
1 or more metropolitan statistical areas
and greater than 80 percent of the land
area of the State is owned by the United
States; or
‘‘(ii) that is noncontiguous with the
continental United States.’’;
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E)
as subparagraph (D); and
(vi) in subparagraph (D) (as so redes-
ignated)—
(I) by striking ‘‘obligate’’ each
place it appears and inserting ‘‘allo-
cate’’;
(II) by striking ‘‘(A)(i)’’ each
place it appears and inserting ‘‘(A)’’;
and
(III) by striking ‘‘obligated’’ and
inserting ‘‘allocated’’; and
(D) in paragraph (3)(A) (as redesignated
by subparagraph (B)), by striking ‘‘funded
from the allocation required under paragraph
(2)’’;
(4) in subsection (e)—
(A) by striking paragraph (1);
(B) 
by 
redesignating 
paragraphs 
(2)
through (5) as paragraphs (1) through (4), re-
spectively;
(C) by striking paragraph (1) (as so redes-
ignated) and inserting the following:
‘‘(1) CERTIFICATION.—
‘‘(A) IN GENERAL.—Before the beginning
of each fiscal year, to be eligible for payments
under this section, the Governor of each
State—
‘‘(i) shall certify to the Secretary that
the State will meet all the requirements of
this section; and
‘‘(ii) shall notify the Secretary that
the amount of obligations expected to be
incurred for each surface transportation
program project during the fiscal year is in
accordance with each survey, plan, speci-
fication, and estimate for the proposed
project as included in the surface transpor-
tation program category in the transpor-
tation improvement program of the State
developed under section 135(f) for the fis-
cal year.
‘‘(B) ADJUSTMENTS.—A State may re-
quest an adjustment to an obligation amount
referred to in subparagraph (A)(ii) later in the
fiscal year.
‘‘(C) EFFECT
OF
ACCEPTANCE.—Accept-
ance by the Secretary of the notification and
certification under subparagraph (A) shall be
deemed to be acceptance by the United States
of a contractual obligation to pay the Federal
share of surface transportation program costs
incurred by the State for projects not subject to
review by the Secretary under this chapter.’’;
(D) by striking paragraph (2) (as so redes-
ignated) and inserting the following:
‘‘(3) PAYMENTS.—The Secretary shall make
payments to a State of costs incurred by the State
for the surface transportation program in accord-
ance with procedures to be established by the Sec-
retary. Payments shall not exceed the Federal share
‘‘(ii) a share determined under sub-
paragraph (B); and
‘‘(B) subject to subparagraph (A), in the
case of any State for which the apportionment
is not determined under subparagraph (A)(i), a
percentage share of the remaining apportion-
ments equal to the 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.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 134(i)(5) of title 23, United States
Code, is amended by striking ‘‘section 133(d)(3)’’
each place it appears and inserting ‘‘section
133(d)(1)’’.
(2) Section 5305(e)(2) of title 49, United
States Code, is amended in the first sentence by
striking ‘‘section 133(d)(3) of title 23’’ and inserting
‘‘section 133(d)(1) of title 23’’.
SEC. 7. POPULATION DETERMINATIONS.
Section 104 of title 23, United States Code, is
amended by adding at the end the following:
‘‘(k) POPULATION DETERMINATIONS.—For the pur-
poses of paragraphs (1) and (3) of subsection (b), popu-
lation shall be determined on the basis of the most recent
estimates prepared by the Secretary of Commerce.’’.
SEC. 8. HIGHWAY BRIDGE REPLACEMENT AND REHABILI-
TATION ACTIVITIES.
(a) REPEAL OF PROGRAM.—Section 144 of title 23,
United States Code, is repealed.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of title 23, Unit-
ed States Code, is amended by striking the item re-
lating to section 144.
(2) Section 104(g) of title 23, United States
Code, is amended—
(A) in the first sentence, by striking ‘‘,
144,’’; and
(B) by striking the third and fourth sen-
tences.
(3) Section 115 of title 23, United States Code,
is amended—
(A) in subsection (a)—
(i) in the subsection heading, by strik-
ing ‘‘BRIDGE,’’; and
(ii) in paragraph (1)(A)(i), by striking
‘‘144,’’; and
(B) in subsection (c), by striking ‘‘144,,’’.
(4) Section 120(e) of title 23, United States
Code, is amended in the last sentence by striking
‘‘and in section 144 of this title’’.
(5) Sections 134(i)(4) and 135(f)(3) of title 23,
United States Code, are amended by striking ‘‘pur-
suant to the bridge and Interstate maintenance pro-
grams’’ each place it appears and inserting ‘‘Inter-
state maintenance activities under section 119’’.
(6) Section 140(b) of title 23, United States
Code, is amended in the last sentence by striking
‘‘and the bridge program under section 144’’.
(7) Section 151(d) of title 23, United States
Code, is amended by striking ‘‘section 104(a), sec-
tion 307(a), and section 144 of this title’’ and in-
serting ‘‘sections 104(a) and 307(a)’’.
(8) Section 204(c) of title 23, United States
Code, is amended in the first sentence by striking
‘‘or section 144 of this title’’.
(9) Section 303(g) of title 23, United States
Code, is amended by striking ‘‘and funds appor-
tioned under section 144 of this title for developing
and establishing the bridge management system re-
quired by this section’’.
(10) Section 307 of title 23, United States
Code, is amended—
(A) in subsection (c)(1), by striking ‘‘sec-
tions 104 and 144 of this title’’ and inserting
‘‘section 104’’; and
(B) in the second sentence of subsection
(e)(4)(A), by striking ‘‘which are being replaced
or rehabilitated under section 144 of this title’’.
(11) Section 409 of title 23, United States
Code, is amended by striking ‘‘, 144,’’.
SEC. 9. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT ACTIVITIES.
(a) ELIMINATION
OF APPORTIONMENTS.—Section
104(b) of title 23, United States Code, is amended by
striking paragraph (2).
(b) REPEAL OF PROGRAM.—Section 149 of title 23,
United States Code, is repealed.
(c) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of title 23, Unit-
ed States Code, is amended by striking the item re-
lating to section 149.
(2) Section 104 of title 23, United States Code,
is amended in the first sentence of subsection (a),
and in the matter preceding paragraph (1) of sub-
section (b), by striking ‘‘, the congestion mitigation
and air quality improvement program,’’.
(3) Section 115(a) of title 23, United States
Code, is amended—
(A) in the subsection heading, by striking
‘‘CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT,’’; and
(B) in paragraph (1)(A)(i), by striking
‘‘104(b)(2),’’.
(4) Section 117(e) of title 23, United States
Code, is amended by striking ‘‘section 133, and sec-
tion 149’’ and inserting ‘‘or section 133’’.
(5) Section 217 of title 23, United States Code,
is amended—
(A) in subsection (a)—
(i) in the subsection heading, by strik-
ing ‘‘STP AND CONGESTION MITIGATION
PROGRAM’’ 
and 
inserting 
‘‘SURFACE
TRANSPORTATION PROGRAM’’; and
(ii) by striking ‘‘sections 104(b)(2)
and 104(b)(3) of this title’’ and inserting
‘‘section 104(b)(3)’’; and
(B) in subsection (d), by striking ‘‘sections
104(b)(2) and 104(b)(3) of this title’’ and in-
serting ‘‘section 104(b)(3)’’.
(6) Section 303(g) of title 23, United States
Code, is amended by striking ‘‘, (b)(2),’’.
(7) Section 31314 of title 49, United States
Code, is amended by striking ‘‘(2),’’ each place it ap-
pears and inserting ‘‘(2) (as in effect on the day be-
fore the date of enactment of the ISTEA Integrity
Restoration Act),’’.
(8) Section 355(c) of the National Highway
System Designation Act of 1995 (Public Law 104–
59; 109 Stat. 624) is amended by striking ‘‘(b)(2),’’
and inserting ‘‘(b)(2) (as in effect on the day before
the date of enactment of the ISTEA Integrity Res-
toration Act and in the case of succeeding fiscal
years 1996 and 1997),’’.
SEC. 10. APPORTIONMENT ADJUSTMENT PROGRAM.
(a) IN GENERAL.—
(1) PROGRAM.—Section 157 of title 23, United
States Code, is amended to read as follows:
‘‘§ 157. Apportionment adjustment program
‘‘(a) IN GENERAL.—On October 1 (or as soon as
practicable thereafter) of fiscal year 1998 and each fiscal
year thereafter, the Secretary shall apportion among the
States additional amounts sufficient to ensure that the
ratio of the highway funds of the State to the highway
funds of all States for the fiscal year is not less than the
percentage specified for the State in subsection (d).
‘‘(b) ADDITIONAL APPORTIONMENTS.—In addition to
any amount required to be apportioned by subsection (a)
for a fiscal year, a State shall receive additional apportion-
ments so that each State’s percentage of highway funds
for the fiscal year is not less than 95 percent of the per-
centage of estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal
year for which data are available.
‘‘(c) REQUIREMENT.—
‘‘(1) IN GENERAL.—Any increase in apportion-
ments necessary to comply with subsection (a) or (b)
shall be carried out so that the ratio of—
‘‘(A) the highway funds of each State with
an average population density of 20 persons per
square mile or fewer and each State with a pop-
ulation of 1,500,000 persons or fewer and a
land area of 10,000 square miles or less; to
‘‘(B) the highway funds of all States;
for the fiscal year is not less than the percentage
share specified for the State in subsection (d).
‘‘(2) POPULATION DETERMINATIONS.—For the
purpose of this subsection, population shall be deter-
mined on the basis of the most recent estimates pre-
pared by the Secretary of Commerce.
‘‘(d) STATE PERCENTAGES.—The percentage re-
ferred to in subsection (a) for each State shall be deter-
mined 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 ..................................................................................
1.00
Delaware ......................................................................................
0.40
District of Columbia ....................................................................
0.52
Florida .........................................................................................
4.77
Georgia .........................................................................................
3.60
Hawaii ..........................................................................................
0.55
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
New Jersey ..................................................................................
2.28
New Mexico ..................................................................................
1.05
New York .....................................................................................
4.27
North Carolina .............................................................................
2.83
North Dakota ...............................................................................
0.63
Ohio .............................................................................................
3.77
Oklahoma .....................................................................................
1.55
Oregon .........................................................................................
1.23
Pennsylvania ................................................................................
4.12
‘‘States:
Adjustment percentage
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
‘‘(e) TERMS
AND CONDITIONS.—Amounts appor-
tioned in accordance with subsections (a) and (b)—
‘‘(1) shall be available for obligation, when allo-
cated, for the year authorized and the 3 following
fiscal years;
‘‘(2) shall be subject to this title; and
‘‘(3) may be obligated for National Highway
System projects under section 103, surface transpor-
tation program projects under section 133, or any
other purpose authorized under this title.
‘‘(f) APPORTIONMENTS.—There are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section such
sums as are necessary for fiscal year 1998 and each fiscal
year thereafter.’’.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code, is
amended by striking the item relating to section 157
and inserting the following:
‘‘157. Apportionment adjustment program.’’.
(b) REPEAL OF REIMBURSEMENT FOR SEGMENTS OF
THE INTERSTATE SYSTEM CONSTRUCTED WITHOUT FED-
ERAL ASSISTANCE.—
(1) IN
GENERAL.—Section 160 of title 23,
United States Code, is repealed.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code, is
amended by striking the item relating to section
160.
SEC. 11. REPEAL OF SET-ASIDES FOR DISCRETIONARY PRO-
GRAMS.
Section 118 of title 23, United States Code, is
amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
SEC. 12. TECHNICAL CORRECTION TO PROGRAM ADMINIS-
TRATION SET-ASIDE.
Section 104(a) of title 23, United States Code, is
amended in the first sentence by striking ‘‘not to exceed
33⁄4 per centum’’ and inserting ‘‘not to exceed 2.35 per-
cent’’.
SEC. 13. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOB-
LIGATED BALANCES.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall take effect on the date of enactment
of this Act.
(b) APPLICABILITY.—This Act and the amendments
made by this Act—
(1) except as otherwise specifically provided,
shall apply to funds authorized to be appropriated or
made available after September 30, 1997; and
(2) except as otherwise provided in subsection
(c), shall not apply to funds appropriated or made
available on or before September 30, 1997.
(c) UNOBLIGATED BALANCES.—
(1) IN
GENERAL.—Unobligated balances of
funds apportioned to a State under sections
104(b)(2), 104(b)(4), 104(b)(5), 144(e), and 157 of
title 23, United States Code, and sections 1013(c),
1069, and 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991
(Public Law 102–240) before October 1, 1997, shall
be available for obligation in the State under the law
(including regulations, policies, and procedures) re-
lating to the obligation and expenditure of the funds
in effect on September 30, 1997.
(2) TRANSFERABILITY.—
(A) CONGESTION
MITIGATION
AND
AIR
QUALITY
IMPROVEMENT
PROGRAM.—A State
may transfer unobligated balances of funds ap-
portioned to the State before October 1, 1997,
for the congestion mitigation and air quality
improvement program under section 104(b)(2)
of title 23, United States Code (as in effect on
the day before the date of enactment of this
Act) to the apportionment of the State under
section 104(b)(3) of title 23, United States
Code.
(B) 
INTERSTATE
CONSTRUCTION
AND
INTERSTATE
MAINTENANCE
PROGRAMS.—A
State may transfer unobligated balances of
funds apportioned to the State before October
1, 1997, for the Interstate construction pro-
gram under section 104(b)(5)(A) of title 23,
United States Code (as in effect on the day be-
fore the date of enactment of this Act) or the
Interstate maintenance program under section
104(b)(5)(B) of title 23, United States Code
(as in effect on the day before the date of en-
actment of this Act) to the apportionment of
the State under section 104(b)(1) of title 23,
United States Code.
(C) BRIDGE
REPLACEMENT
AND
REHA-
BILITATION PROGRAM.—A State may transfer
unobligated balances of funds apportioned to
the State before October 1, 1997, for the bridge
replacement and rehabilitation program under
section 144 of title 23, United States Code (as
in effect on the day before the date of enact-
ment of this Act) to the apportionment to the
State under paragraph (1) or (3) of section
104(b) of title 23, United States Code.
(D) 
SURFACE
TRANSPORTATION
PRO-
GRAM.—A State may transfer unobligated bal-
ances of funds apportioned to the State before
October 1, 1997, for the surface transportation
program under section 104(b)(3) of title 23,
United States Code (as in effect on the day be-
fore the date of enactment of this Act) to the
apportionment of the State under section
104(b)(3) of title 23, United States Code.
(E) APPLICABILITY OF CERTAIN LAWS.—
Funds transferred under this paragraph shall
be subject to the laws (including regulations,
policies, and procedures) relating to the appor-
tionment to which the funds are transferred.
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