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U.S.C. 1600 et seq.), and the Federal Land
Policy and Management Act (43 U.S.C. 1701 et
seq.).
‘‘(2) USE NOT PERMITTED.—A State may not
use funds apportioned to it under section 104(h)—
‘‘(A) for condemnation of any kind of in-
terest in property;
‘‘(B)(i) for construction of any recreational
trail on National Forest System lands for mo-
torized uses unless—
‘‘(I) such lands have been allocated
for uses other than wilderness by an ap-
proved forest land and resource manage-
ment plan or have been released to uses
other than wilderness by an Act of Con-
gress, and
‘‘(II) such construction is otherwise
consistent with the management direction
in such approved land and resource man-
agement plan; or
‘‘(ii) for construction of any recreational
trail on Bureau of Land Management lands for
motorized uses unless—
‘‘(I) such lands have been allocated
for uses other than wilderness by an ap-
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proved Bureau of Land Management re-
source management plan or have been re-
leased to uses other than wilderness by an
Act of Congress, and
‘‘(II) such construction is otherwise
consistent with the management direction
in such approved management plans; or
‘‘(C) for upgrading, expanding, or other-
wise facilitating motorized use or access to
trails predominantly used by non-motorized
trail users and on which, as of May 1, 1991,
motorized use is either prohibited or has not oc-
curred.
‘‘(3) GRANTS.—
‘‘(A) IN GENERAL.—A State may provide
funds apportioned to it under section 104(h) to
make grants to private individuals, organiza-
tions, municipal, county, State, and Federal
government entities, and other government enti-
ties as approved by the State after considering
guidance from the recreational trail advisory
committee satisfying the requirements of sub-
section (c)(2), for uses consistent with this sec-
tion.
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‘‘(B) COMPLIANCE.—A State that makes
grants under subparagraph (A) shall establish
measures to verify that recipients comply with
the specified conditions for the use of grant
moneys.
‘‘(4) ASSURED ACCESS TO FUNDS.—Except as
provided under paragraph (7), not less than 30 per-
cent of the funds apportioned to a State in a fiscal
year under section 104(h) shall be reserved for uses
relating to motorized recreation, and not less than
30 percent of such funds shall be reserved for uses
relating to non-motorized recreation.
‘‘(5) ENVIRONMENTAL MITIGATION.—
‘‘(A) REQUIREMENT.—To the extent prac-
ticable and consistent with other requirements
of this section, in complying with paragraph
(4), a State should give consideration to project
proposals that provide for the redesign, recon-
struction, nonroutine maintenance, or relocation
of trails in order to mitigate and minimize the
impact to the natural environment.
‘‘(B) GUIDANCE.—A recreational trail ad-
visory committee satisfying the requirements of
subsection (c)(2) shall issue guidance to a State
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for the purposes of implementing subparagraph
(A).
‘‘(6) DIVERSIFIED TRAIL USE.—
‘‘(A) REQUIREMENT.—To the extent prac-
ticable and consistent with other requirements
of this section, a State shall expend funds ap-
portioned to it under section 104(h) in a man-
ner that gives preference to project proposals
which—
‘‘(i) provide for the greatest number
of compatible recreational purposes, includ-
ing those described in subsection (g)(3); or
‘‘(ii) 
provide 
for 
innovative 
rec-
reational trail corridor sharing to accom-
modate motorized and non-motorized rec-
reational trail use.
This paragraph shall remain effective with re-
spect to a State until such time as the State
has allocated not less than 40 percent of funds
apportioned to it under section 104(h) in such
manner.
‘‘(B) COMPLIANCE.—The State shall re-
ceive guidance for determining compliance with
subparagraph (A) from the recreational trail
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advisory committee satisfying the requirements
of subsection (c)(2).
‘‘(7) EXEMPTIONS.—
‘‘(A) SMALL
STATE.—Any State with a
total land area of less than 3,500,000 acres and
in which nonhighway recreational fuel use ac-
counts for less than 1 percent of all such fuel
use in the United States shall be exempted
from the requirements of paragraph (4) upon
application to the Secretary by the State dem-
onstrating that it meets the conditions of this
paragraph.
‘‘(B) STATE RECREATIONAL TRAIL ADVI-
SORY COMMITTEE.—If approved by the State
recreational trail advisory committee satisfying
the requirements of subsection (c)(2), the State
may be exempted from the requirements of
paragraph (4).
‘‘(8) CONTINUING RECREATIONAL USE.—At the
option of each State, funds apportioned to it under
section 104(h) may be treated as Land and Water
Conservation Fund moneys for the purposes of sec-
tion 6(f)(3) of the Land and Water Conservation
Fund Act.
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‘‘(9) CREDIT FOR DONATIONS OF FUNDS, MA-
TERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—Noth-
ing in this title or any other law shall prevent a
project sponsor from offering to donate funds, mate-
rials, services, or new right-of-way for the purposes
of a project eligible for assistance. Any funds, or the
fair market value of any materials, services, or new
right-of-way may be donated by any project sponsor
and shall be credited to the non-Federal share in ac-
cordance with subsection (d). Any funds or the fair
market value of any materials or services may be
provided by a Federal project sponsor and shall be
credited as part of that Federal agency’s share
under subsection (d)(2).
‘‘(10) RECREATIONAL
PURPOSE.—A project
funded under this section is intended to enhance rec-
reational opportunity and is not subject to the provi-
sions of section 303 of title 49 or section 138 of this
title.
‘‘(f) COORDINATION OF ACTIVITIES.—
‘‘(1) COOPERATION BY FEDERAL AGENCIES.—
Each agency of the United States that manages land
on which a State proposes to construct or maintain
a recreational trail pursuant to this section is en-
couraged to cooperate with the State and the Sec-
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retary in planning and carrying out the activities de-
scribed in subsection (e). Nothing in this section di-
minishes or in any way alters the land management
responsibilities, plans, and policies established by
such agencies pursuant to other applicable laws.
‘‘(2) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condi-
tion to making available funds for work on rec-
reational trails that would affect privately
owned land, a State shall obtain written assur-
ances that the owner of the property will co-
operate with the State and participate as nec-
essary in the activities to be conducted.
‘‘(B) PUBLIC ACCESS.—Any use of funds
apportioned to a State under section 104(h) on
private lands must be accompanied by an ease-
ment or other legally binding agreement that
ensures public access to the recreational trail
improvements funded by those funds.
‘‘(g) APPLICABILITY OF CHAPTER 1.—Funds made
available to carry out this section shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1; except that the Federal share
payable for a project using such funds shall be determined
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in accordance with this section and such funds shall re-
main available until expended.
‘‘(h) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ELIGIBLE
STATE.—The term ‘eligible
State’ means a State that meets the requirements of
subsection (c).
‘‘(2) NONHIGHWAY RECREATIONAL FUEL.—The
term ‘nonhighway recreational fuel’ has the meaning
such term has under section 9503(c)(6) of the Inter-
nal Revenue Code of 1986.
‘‘(3) RECREATIONAL
TRAIL.—The term ‘rec-
reational trail’ means a thoroughfare or track across
land or snow, used for recreational purposes such as
bicycling, cross-country skiing, day hiking, eques-
trian activities (including carriage driving), jogging
or 
similar 
fitness 
activities, 
skating 
or
skateboarding, trail biking, overnight or long-dis-
tance backpacking, snowmobiling, aquatic or water
activity, or vehicular travel by motorcycle, four-wheel
drive or all-terrain off-road vehicles, without regard
to whether it is a ‘National Recreation Trail’ des-
ignated under section 4 of the National Trails Sys-
tem Act (16 U.S.C. 1243).
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‘‘(4) MOTORIZED RECREATION.—The term ‘mo-
torized recreation’ means off-road recreation using
any motor-powered vehicle, except for motorized
wheelchairs.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 2 is amended by inserting after the item relating
to section 205 the following:
‘‘206. Recreational trails program.’’.
(c) REPEAL
OF OBSOLETE PROVISION.—Section
1302 of the Intermodal Surface Transportation Efficiency
Act of 1991 (16 U.S.C. 1261) is repealed.
(d) TERMINATION OF ADVISORY COMMITTEE.—Sec-
tion 1303 of such Act (16 U.S.C. 1262) is amended by
adding at the end the following:
‘‘(j) TERMINATION.—The advisory committee estab-
lished by this section shall terminate on September 30,
2000.’’.
(e) ENCOURAGEMENT OF USE OF YOUTH CONSERVA-
TION OR SERVICE CORPS.—The Secretary shall encourage
the States to enter into contracts and cooperative agree-
ments with qualified youth conservation or service corps
to perform construction and maintenance of recreational
trails under section 206 of title 23, United States Code.
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SEC. 115. NATIONAL CORRIDOR PLANNING AND DEVELOP-
MENT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish and
implement a program to make allocations to States for
coordinated planning, design, and construction of cor-
ridors of national significance, economic growth, and
international or interregional trade. A State may apply to
the Secretary for allocations under this section.
(b) ELIGIBILITY OF CORRIDORS.—
(1) IN GENERAL.—The Secretary may make al-
locations under this section only with respect to high
priority corridors identified in section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of
1991.
(2) SPECIAL
RULE.—In fiscal years 1998
through 2000, the Secretary may make, on an in-
terim basis pending identification by Congress of
high priority corridors as part of a law provided for
in section 508 of this Act, allocations under this sec-
tion for the creation or upgrade of any other signifi-
cant regional or multistate highway corridor not de-
scribed in whole or in part in paragraph (1) that the
Secretary determines would—
(A) facilitate international or interregional
trade; or
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(B) 
encourage 
or 
facilitate 
major
multistate or regional mobility and economic
growth and development in areas underserved
by existing highway infrastructure.
(c) PURPOSES.—Allocations may be made under this
section for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design
activities.
(3) Location and routing studies.
(4) Environmental review.
(5) Multistate and intrastate coordination for
corridors described in subsection (b).
(6) Construction.
(d) CORRIDOR DEVELOPMENT
AND MANAGEMENT
PLAN.—A State receiving an allocation under this section
shall develop, in consultation with the Secretary, a devel-
opment and management plan for the corridor with re-
spect to which the allocation is being made. Such plan
shall include, at a minimum, the following elements:
(1) A complete and comprehensive analysis of
corridor costs and benefits.
(2) A coordinated corridor development plan
and schedule, including a timetable for completion of
all planning and development activities, environ-
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mental reviews and permits, and construction of all
segments.
(3) A finance plan, including any innovative fi-
nancing methods and, if the corridor is a multistate
corridor, a State-by-State breakdown of corridor fi-
nances.
(4) The results of any environmental reviews
and mitigation plans.
(5) The identification of any impediments to
the development and construction of the corridor, in-
cluding any environmental, social, political and eco-
nomic objections.
In the case of a multistate corridor, the Secretary shall
ensure that all States having jurisdiction over any portion
of such corridor will participate in the development of such
plan.
(e) APPLICABILITY
OF TITLE 23.—Funds made
available by section 127(a)(3)(B) of this Act shall be avail-
able for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United
States Code.
(f) STATE DEFINED.—In this section, the term
‘‘State’’ has the meaning such term has under section 101
of title 23, United States Code.
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(5) international coordination of planning, pro-
gramming, and border operation with Canada and
Mexico relating to expediting cross border vehicle
and cargo movements.
(c) SELECTION
CRITERIA.—The Secretary shall
make allocations under this section on the basis of—
(1) expected reduction in commercial and other
motor vehicle travel time through an international
border crossing as a result of the project;
(2) improvements in vehicle and highway safety
and cargo security related to motor vehicles crossing
a border with Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and ap-
proaches;
(4) leveraging of Federal funds provided under
this section, including use of innovative financing,
combination of such funds with funding provided
under other sections of this Act, and combination
with other sources of Federal, State, local, or private
funding;
(5) degree of multinational involvement in the
project and demonstrated coordination with other
Federal agencies responsible for the inspection of ve-
hicles, cargo, and persons crossing international bor-
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ders and their counterpart agencies in Canada and
Mexico;
(6) the extent to which the innovative and prob-
lem-solving techniques of the proposed project would
be applicable to other international border crossings;
(7) demonstrated local commitment to imple-
ment and sustain continuing comprehensive border
planning processes and improvement programs; and
(8) such other factors as the Secretary deter-
mines are appropriate to promote border transpor-
tation efficiency and safety.
(d) STATE MOTOR VEHICLE SAFETY INSPECTION
FACILITIES.—Due to the increase in cross-border trade as
a result of the Northern American Free Trade Agreement,
of the amounts made available to carry out this section
for a fiscal year, not to exceed $25,000,000 for fiscal year
1998 and not to exceed $20,000,000 for each of fiscal
years 1999 through 2003 shall be available for the con-
struction of State motor vehicle safety inspection facilities
for the inspection by State authorities of commercial
motor vehicles crossing the border to ensure the safety of
such vehicles.
(e) ALLOCATIONS.—
(1) FUNDS.—At least 40 percent of the funds
made available for carrying out this section shall be
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allocated for projects in the vicinity of the border of
the United States and Mexico, and at least 40 per-
cent of such funds shall be allocated for projects in
the vicinity of the border of the United States and
Canada.
(2) PROJECTS.—At least 2 of the projects in
the vicinity of the border of the United States with
Mexico for which allocations are made under this
section and at least 2 of the projects in the vicinity
of the border of the United States and Canada for
which allocations are made under this section shall
be located at ports of entry with high annual vol-
umes of traffic.
(f) APPLICABILITY OF TITLE 23.—Funds authorized
by section 127(a)(3)(A) of this Act shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code.
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) BORDER REGION.—The term ‘‘border re-
gion’’ means the portion of a border State in the vi-
cinity of an international border with Canada or
Mexico.
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(2) BORDER STATE.—The term ‘‘border State’’
means any State that has a boundary in common
with Canada or Mexico.
SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL SHARE PAYABLE.—Section 120 is
amended—
(1) in subsection (e)—
(A) by striking ‘‘(c)’’ and inserting ‘‘(b)’’;
and
(B) by striking ‘‘90’’ and inserting ‘‘120’’;
and
(2) by adding at the end the following:
‘‘(j) FUNDS APPROPRIATED TO A FEDERAL LAND
MANAGING AGENCY.—Notwithstanding any other provi-
sion of law, the funds appropriated to any Federal land
managing agency may be used as the non-Federal share
payable on account of any Federal-aid highway project the
Federal share of which is payable with funds apportioned
under section 104 or 144 or allocated under the Federal
scenic byways program.
‘‘(k) FUNDS APPROPRIATED FOR FEDERAL LANDS
HIGHWAYS PROGRAM.—Notwithstanding any other provi-
sion of law, funds appropriated for carrying out the Fed-
eral lands highways program under section 204 may be
used as the non-Federal share payable on account of any
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project that is carried out with funds apportioned under
section 104 or 144 or allocated under the Federal scenic
byways program if the project will provide access to, or
be carried out within, Federal or Indian lands.’’.
(b) ALLOCATIONS.—Section 202 is amended—
(1) by striking subsection (b) and inserting the
following:
‘‘(b) ALLOCATION OF SUMS AUTHORIZED FOR PUB-
LIC LANDS HIGHWAYS.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal
year and after making the transfer provided for in
section 204(i), the Secretary shall allocate the sums
authorized to be appropriated for such fiscal year for
public lands highways for transportation projects
within the boundaries of those States having unap-
propriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, on the
basis of need in such States, respectively, as deter-
mined by the Secretary from applications for such
funds by Federal land managing agencies, Indian
tribal governments, and States.
‘‘(2) PREFERENCE.—In allocating sums under
paragraph (1), the Secretary shall give preference to
those projects that are significantly impacted by
Federal land, recreation, or resource management
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activities that are proposed within the boundaries of
a State in which at least 3 percent of the total pub-
lic lands in the United States are located.’’;
(2) in subsection (d)—
(A) by inserting ‘‘INDIAN RESERVATION
ROADS.—’’ after ‘‘(d)’’;
(B) by inserting ‘‘(1) FOR FISCAL YEARS
ENDING BEFORE OCTOBER 1, 1999.—’’ before
‘‘On October’’;
(C) by inserting after ‘‘each fiscal year’’
the following: ‘‘ending before October 1, 1999’’;
(D) by adding at the end the following:
‘‘(2) FISCAL YEAR 2000 AND THEREAFTER.—
‘‘(A) IN GENERAL.—All funds authorized
to be appropriated for Indian reservation roads
shall be allocated among Indian tribes for fiscal
year 2000 and each subsequent fiscal year in
accordance with a formula established by the
Secretary of the Interior under a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5.
‘‘(B) 
REGULATIONS.—Notwithstanding
sections 563(a) and 565(a) of title 5, the Sec-
retary of the Interior shall issue regulations
governing the Indian reservation roads pro-
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gram, and establishing the funding formula for
fiscal year 2000 and each subsequent fiscal
year under this paragraph, in accordance with
a negotiated rulemaking procedure under sub-
chapter III of chapter 5 of title 5. The regula-
tions shall be issued in final form not later than
April 1, 1999, and shall take effect not later
than October 1, 1999.
‘‘(C) NEGOTIATED RULEMAKING COMMIT-
TEE.—In establishing a negotiated rulemaking
committee to carry out subparagraph (B), the
Secretary of the Interior shall—
‘‘(i) apply the procedures under sub-
chapter III of chapter 5 of title 5 in a
manner that reflects the unique govern-
ment-to-government relationship between
the Indian tribes and the United States;
and
‘‘(ii) ensure that the membership of
the committee includes only representatives
of the Federal Government and of geo-
graphically diverse small, medium, and
large Indian tribes.
‘‘(D) BASIS
FOR
FUNDING
FORMULA.—
The funding formula established for fiscal year
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2000 and each subsequent fiscal year under
this paragraph shall be based on factors that
reflect—
‘‘(i) the relative needs of the Indian
tribes, and reservation or tribal commu-
nities, for transportation assistance; and
‘‘(ii) the relative administrative capac-
ities of, and challenges faced by, various
Indian tribes, including the cost of road
construction in each Bureau of Indian Af-
fairs area, geographic isolation and dif-
ficulty in maintaining all-weather access to
employment, commerce, health, safety, and
educational resources.’’; and
(E) by indenting paragraph (1), as des-
ignated by subparagraph (B) of this paragraph,
and aligning paragraph (1) with paragraph (2),
as added by subparagraph (D) of this para-
graph; and
(3) by adding at the end the following:
‘‘(e) FOREST HIGHWAYS.—
‘‘(1) ALLOCATION OF FUNDS.—On October 1 of
each fiscal year and after making the transfer pro-
vided for in section 204(g), the Secretary shall allo-
cate the sums authorized to be appropriated for such
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fiscal year for forest highways as provided in section
134 of the Federal-Aid Highway Act of 1987.
‘‘(2) PROJECT SELECTION.—With respect to al-
locations under this subsection, the Secretary shall
give priority to projects that provide access to and
within the National Forest System, as identified by
the Secretary of Agriculture through renewable re-
sources and land use planning and the impact of
such planning on existing transportation facilities.’’.
(c) AVAILABILITY
OF
FUNDS.—Section 203 is
amended—
(1) by striking ‘‘Funds authorized for,’’ and in-
serting ‘‘(a) IN GENERAL.—Funds authorized for
forest highways,’’;
(2) in the fourth sentence by inserting ‘‘forest
highways’’ after ‘‘any fiscal year for’’; and
(3) by adding at the end the following:
‘‘(b) TIME OF OBLIGATION.—Notwithstanding any
other provision of law, the Secretary’s authorization of en-
gineering and related work for a Federal lands highways
program project or the Secretary’s approval of plans, spec-
ifications, and estimates for construction of a Federal
lands highways program project shall be deemed to con-
stitute a contractual obligation of the Federal Government
for the payment of its contribution to such project.’’.
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(d) AWARD
OF CONTRACTS; TRANSFERS—Section
204 is amended—
(1) in subsection (a) to read as follows:
‘‘(a) Recognizing the need for all Federal roads that
are public roads to be treated under uniform policies simi-
lar to those that apply to Federal-aid highways, there is
established a coordinated Federal Lands Highways Pro-
gram which shall consist of forest highways, public lands
highways, park roads and parkways, and Indian reserva-
tion roads and bridges. The Secretary, in cooperation with
the Secretary of the appropriate Federal land managing
agency, shall develop transportation planning procedures
which are consistent with the metropolitan and Statewide
planning processes in sections 134 and 135 of this title.
The transportation improvement program developed as a
part of the transportation planning process under this sec-
tion shall be approved by the Secretary. All regionally sig-
nificant Federal Lands Highway Program projects shall
be developed in cooperation with States and metropolitan
planning organizations and be included in appropriate
Federal Lands Highways Program, State, and metropoli-
tan plans and transportation improvement programs. The
approved Federal Lands Highways Program transpor-
tation improvement program shall be included in appro-
priate State and metropolitan planning organization plans
103
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and programs without further action thereon. The Sec-
retary and the Secretary of the appropriate Federal land
managing agency shall develop appropriate safety, bridge,
and pavement management systems for roads funded
under the Federal Lands Highways Program.’’;
(2) by striking the first three sentences of sub-
section (b) and inserting ‘‘Funds available for forest
highways, public lands highways, park roads and
parkways, and Indian reservation roads shall be
used by the Secretary and the Secretary of the ap-
propriate Federal land managing agency to pay for
the cost of transportation planning, research, engi-
neering, and construction thereof. The Secretary and
the Secretary of the appropriate Federal land man-
aging agency, as appropriate, may enter into con-
struction contracts and such other contracts with a
State or civil subdivision thereof or Indian tribe to
carry out this subsection.’’;
(3) in the first sentence of subsection (e) by
striking ‘‘Secretary of the Interior’’ and inserting
‘‘Secretary of the appropriate Federal land manag-
ing agency’’;
(4) by striking subsection (i) and inserting the
following:
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‘‘(i) TRANSFERS
TO SECRETARIES
OF FEDERAL
LAND MANAGING AGENCIES.—The Secretary shall trans-
fer to the appropriate Federal land managing agency from
the appropriation for public lands highways such amounts
as may be needed to cover—
‘‘(1) necessary administrative costs of such
agency in connection with public lands highways;
and
‘‘(2) the cost to such agency of conducting nec-
essary transportation planning serving Federal lands
if funding for such planning is otherwise not pro-
vided in this section.’’; and
(5) by adding at the end the following:
‘‘(k) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF
INDIAN TRIBES.—
‘‘(1) IN
GENERAL.—Up to 1 percent of the
funds made available for Indian reservation roads
for each fiscal year shall be set aside by the Sec-
retary of the Interior for transportation-related ad-
ministrative expenses of Indian tribal governments.
‘‘(2) DISTRIBUTION.—The Secretary of the In-
terior shall make available to each Indian tribal gov-
ernment with an approved application under para-
graph (3) an equal percentage of any sum set aside
pursuant to paragraph (1).
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‘‘(3) APPLICATIONS.—To receive funds under
this paragraph, an Indian tribal government must
submit to the Secretary of the Interior for approval
an application in accordance with the requirements
of the Indian Self-Determination and Education As-
sistance Act. The Secretary of the Interior shall ap-
prove any such application that demonstrates that
the applicant has the capability to carry out trans-
portation planning activities or is in the process of
establishing such a capability.
‘‘(l) APPROVAL
OF INDIAN RESERVATION ROAD
PROJECTS BY THE SECRETARY.—
‘‘(1) ESTABLISHMENT
OF
PILOT
PROGRAM.—
The Secretary shall establish a pilot program (here-
inafter in this subsection referred to as the ‘pro-
gram’) for the purposes described in paragraph (2)
and shall carry out such program in each of fiscal
years 1999 through 2003.
‘‘(2) PURPOSE.—The purpose of the program
shall be to permit an Indian tribal government to
apply directly to the Secretary for authorization to
conduct projects on Indian reservation roads using
amounts allocated to the Indian tribal government
under the Indian reservation roads program.
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‘‘(3) TREATMENT AS STATES.—Except as oth-
erwise provided by the Secretary, an Indian tribal
government submitting an application to the Sec-
retary under the program shall be subject to the
same requirements as a State applying for approval
of a Federal-aid highway project.
‘‘(4) SELECTION OF PARTICIPANTS.—
‘‘(A) APPLICATIONS.—An Indian tribal
government seeking to participate in the pro-
gram shall submit to the Secretary an applica-
tion which is in such form and contains such in-
formation as the Secretary may require.
‘‘(B) MAXIMUM
NUMBER
OF
PARTICI-
PANTS.—The Secretary shall select not more
than 10 Indian tribal governments to partici-
pate in the program.
‘‘(5) TECHNICAL ASSISTANCE.—The Secretary,
in cooperation with the Secretary of the Interior,
shall provide technical assistance to Indian tribal
governments participating in the program.
‘‘(6) TRANSITIONAL
ASSISTANCE.—Upon re-
quest of the Secretary, the Secretary of the Interior
shall provide to the Secretary such assistance as
may be necessary for implementation of the pro-
gram.
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‘‘(7) REPORT.—Not later than September 30,
2001, the Secretary shall transmit to Congress a re-
port on the results of the program. In developing
such report, the Secretary shall solicit the comments
of Indian tribal governments participating in the
program.’’.
(e) ACCESS TO JOHN F. KENNEDY CENTER FOR THE
PERFORMING ARTS.—
(1) STUDY.—The Secretary, in cooperation with
the District of Columbia, the John F. Kennedy Cen-
ter for the Performing Arts, and the Department of
the Interior and in consultation with other interested
persons, shall conduct a study of methods to im-
prove pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(2) REPORT.—Not later than September 30,
1999, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House
of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report con-
taining the results of the study, together with an as-
sessment of the impacts (including environmental,
aesthetic, economic, and historic impacts) associated
with the implementation of each of the methods ex-
amined under the study.
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(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) $500,000 for fiscal year 1998 to carry out
this subsection.
(4) APPLICABILITY
OF
TITLE
23, 
UNITED
STATES CODE.—Funds authorized by this subsection
shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1
of title 23, United States Code, except that the Fed-
eral share of the cost of activities conducted using
such funds shall be 100 percent and such funds
shall remain available until expended.
(f) SMITHSONIAN INSTITUTION TRANSPORTATION
PROGRAM.—
(1) IN GENERAL.—The Secretary shall allocate
amounts made available by this subsection for obli-
gation at the discretion of the Secretary of the
Smithsonian Institution, in consultation with the
Secretary, to carry out projects and activities de-
scribed in paragraph (2).
(2) ELIGIBLE USES.—Amounts allocated under
paragraph (1) may be obligated only—
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
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(B) to enhance the care and protection of
the Nation’s collection of transportation-related
artifacts;
(C) to acquire historically significant trans-
portation-related artifacts; and
(D) to support research programs within
the Smithsonian Institution that document the
history and evolution of transportation, in co-
operation with other museums in the United
States.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) $5,000,000 for each of fiscal years 1998
through 2003 to carry out this subsection.
(4) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any project or activity under this subsection shall be
100 percent and such funds shall remain available
until expended.
(g) NEW RIVER PARKWAY.—Of amounts available
under section 102(a)(11)(C) of this Act, the Secretary
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shall allocate $1,300,000 for fiscal year 1998, $1,200,000
for fiscal year 1999, and $9,900,000 for fiscal year 2000
to the Secretary of the Interior for the planning, design,
and construction of a visitors center, and such other relat-
ed facilities as may be necessary, to facilitate visitor un-
derstanding and enjoyment of the scenic, historic, cultural,
and recreational resources accessible by the New River
Parkway in the State of West Virginia. The center and
related facilities shall be located at a site for which title
is held by the United States in the vicinity of the intersec-
tion of the New River Parkway and I–64. Such funds shall
remain available until expended.
(h) GETTYSBURG, PENNSYLVANIA.—
(1) RESTORATION
OF
TRAIN
STATION.—The
Secretary shall allocate amounts made available by
this subsection for the restoration of the Gettysburg,
Pennsylvania, train station.
(2) FUNDING.—There is authorized to be ap-
propriated out of the Highway Trust Fund (other
than the Mass Transit Account) $400,000 for each
of fiscal years 1998 and 1999 to carry out this sub-
section.
(3) APPLICABILITY OF TITLE 23.—Funds made
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such
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funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of
the cost of restoration of the train station under this
subsection shall be 80 percent and such funds shall
remain available until expended.
SEC. 118. NATIONAL SCENIC BYWAYS PROGRAM.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following:
‘‘§ 162. National scenic byways program
‘‘(a) DESIGNATION OF ROADS.—The Secretary shall
carry out a national scenic byways program that recog-
nizes roads having outstanding scenic, historic, cultural,
natural, recreational, and archaeological qualities by des-
ignating them as ‘National Scenic Byways’ or ‘All-Amer-
ican Roads’. The Secretary shall designate roads to be rec-
ognized under the national scenic byways program in ac-
cordance with criteria developed by the Secretary. To be
considered for such designation, a road must be nominated
by a State or Federal land management agency and must
first be designated as a State scenic byway or, for roads
on Federal lands, as a Federal land management agency
byway.
‘‘(b) ALLOCATIONS AND TECHNICAL ASSISTANCE.—
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‘‘(1) GENERAL
AUTHORITY.—The Secretary
shall make allocations and provide technical assist-
ance to States to—
‘‘(A) implement projects on highways des-
ignated as National Scenic Byways or All-
American Roads, or as State scenic byways;
and
‘‘(B) plan, design, and develop a State sce-
nic byways program.
‘‘(2) PRIORITY PROJECTS.—In making alloca-
tions under this subsection, the Secretary shall give
priority to—
‘‘(A) eligible projects along highways that
are designated as National Scenic Byways or
All-American Roads;
‘‘(B) eligible projects on State-designated
scenic byways that are undertaken to make
them eligible for designation as National Scenic
Byways or All-American Roads; and
‘‘(C) eligible projects that will assist the
development of State scenic byways programs.
‘‘(c) 
ELIGIBLE
PROJECTS.—The 
following 
are
projects that are eligible for Federal assistance under this
section:
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‘‘(1) Activities related to planning, design, or
development of State scenic byway programs.
‘‘(2) Development of corridor management
plans for scenic byways.
‘‘(3) Safety improvements to a scenic byway to
the extent such improvements are necessary to ac-
commodate increased traffic and changes in the
types of vehicles using the highway due to such des-
ignation.
‘‘(4) Construction along a scenic byway of fa-
cilities for pedestrians and bicyclists, rest areas,
turnouts, highway shoulder improvements, passing
lanes, overlooks, and interpretive facilities.
‘‘(5) Improvements to a scenic byway that will
enhance access to an area for the purpose of recre-
ation, including water-related recreation.
‘‘(6) Protection of historical, archaeological, and
cultural resources in areas adjacent to scenic by-
ways.
‘‘(7) Development and provision of tourist in-
formation to the public, including interpretive infor-
mation about scenic byways.
‘‘(8) development and implementation of scenic
byways marketing programs.
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‘‘(d) FEDERAL SHARE.—The Federal share payable
on account of any project carried out under this section
shall be determined in accordance with section 120(b) of
this title. For any scenic byways project along a public
road that provides access to or within Federal or Indian
lands, a Federal land management agency may use funds
authorized for its use as the non-Federal share of the costs
of the project.
‘‘(e) PROTECTION OF SCENIC INTEGRITY.—
‘‘(1) SCENIC INTEGRITY.—The Secretary shall
not make an allocation under this section for any
project that would not protect the scenic, historic,
recreational, cultural, natural, and archaeological in-
tegrity of a highway and adjacent areas.
‘‘(2) SAVINGS
CLAUSE.—The Secretary shall
not make any grant, provide technical assistance, or
impose any requirement on a State under this sec-
tion that is inconsistent with the authority of the
State provided in this chapter.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 is amended by adding at the end the following
new item:
‘‘162. National scenic byways program.’’.
(c) CENTER.—
(1) ESTABLISHMENT.—The Secretary shall al-
locate funds made available to carry out this sub-
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section to establish a center for national scenic by-
ways in Duluth, Minnesota, to provide technical
communications and network support for nationally
designated scenic byway routes in accordance with
paragraph (2).
(2) COMMUNICATIONS
SYSTEMS.—The center
for national scenic byways shall develop and imple-
ment communications systems for the support of the
national scenic byways program. Such communica-
tions systems shall provide local officials and plan-
ning groups associated with designated National
Scenic 
Byways 
or 
All-American 
Roads 
with
proactive, technical, and customized assistance
through the latest technology which allows scenic
byway officials to develop and sustain their National
Scenic Byways or All-American Roads.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,500,000 for
each of fiscal years 1998 through 2003.
(4) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
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Code; except that the Federal share of the cost of
any project under this subsection shall be 100 per-
cent and such funds shall remain available until ex-
pended.
SEC. 119. VARIABLE PRICING PILOT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
and implement a variable pricing program. In implement-
ing such program, the Secretary shall solicit the participa-
tion of State and local governments and public authorities
for 1 or more variable pricing pilot programs. The Sec-
retary may enter into cooperative agreements with as
many as 15 of such governments and public authorities
to conduct and monitor the pilot programs.
(b) FEDERAL SHARE PAYABLE.—The Federal share
payable for a pilot program under this section shall be 80
percent of the aggregate cost of the program and the Fed-
eral share payable for any portion of a project conducted
under the program may not exceed 100 percent.
(c) IMPLEMENTATION COSTS.—The Secretary may
fund all pre-implementation costs, including public edu-
cation and project design, and all of the development and
startup costs of a pilot project under this section, includ-
ing salaries and expenses, until such time that sufficient
revenues are being generated by the program to fund its
operating costs without Federal participation; except that
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the Secretary may not fund the pre-implementation, devel-
opment, and startup costs of a pilot project for more than
3 years.
(d) USE OF REVENUES.—Revenues generated by any
pilot project under this section must be applied to projects
eligible for assistance under title 23, United States Code.
(e) COLLECTION OF TOLLS.—Notwithstanding sec-
tions 129 and 301 of title 23, United States Code, the
Secretary shall allow the use of tolls on the Interstate Sys-
tem as part of a pilot program under this section, but not
as part of more than 3 of such programs.
(f) FINANCIAL EFFECTS
ON LOW-INCOME DRIV-
ERS.—Any pilot program conducted under this section
shall include an analysis of the potential effects of the pilot
program on low income drivers and may include mitigation
measures to deal with any potential adverse financial ef-
fects on low-income drivers.
(g) REPORTS TO CONGRESS.—The Secretary shall
monitor the effect of the pilot programs conducted for a
period of at least 10 years and shall report to the Commit-
tee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives biennially on the effects such
programs are having on driver behavior, traffic volume,
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transit ridership, air quality, drivers of all income levels,
and availability of funds for transportation programs.
(h) HOV PASSENGER REQUIREMENTS.—Notwith-
standing section 102 of title 23, United States Code, a
State may permit vehicles with fewer than 2 occupants
to operate in high-occupancy vehicle lanes if such vehicles
are part of a pilot program being conducted under this
section.
(i) PERIOD OF AVAILABILITY.—Funds allocated by
the Secretary under this section shall remain available for
obligation by the State for a period of 3 years after the
last day of the fiscal year for which such funds are author-
ized. Any amounts allocated under this section that re-
main unobligated at the end of such period and any
amounts authorized under subsection (i) that remain
unallocated by the end of such period shall be transferred
to a State’s apportionment under section 104(b)(3) of title
23, United States Code, and shall be treated in the same
manner as other funds apportioned under such section.
(j) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of any project under
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this section and the availability of such funds shall be de-
termined in accordance with this section.
(k) REPEAL.—Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is repealed.
SEC. 120. TOLL ROADS, BRIDGES, AND TUNNELS.
(a) INCREASED FEDERAL SHARE
FOR CERTAIN
SAFETY PROJECTS.—The first sentence of section 120(c)
is amended by inserting ‘‘and transit vehicles’’ after
‘‘emergency vehicles’’.
(b) FEDERAL SHARE PAYABLE.—Section 120 is
amended by adding at the end the following:
‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a cred-
it toward the non-Federal matching share require-
ment for any funds made available to carry out this
title (other than the emergency relief program au-
thorized in section 125) or chapter 53 of title 49 toll
revenues that are generated and used by public,
quasi-public, and private agencies to build, improve,
or maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce. Such
public, quasi-public, or private agencies shall have
built, improved, or maintained such facilities without
Federal funds.
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‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN
GENERAL.—The credit for any
non-Federal share provided under this sub-
section shall not reduce nor replace State funds
required to match Federal funds for any pro-
gram under this title.
‘‘(B) AGREEMENTS.—In receiving a credit
for non-Federal capital expenditures under this
subsection, a State shall enter into such agree-
ments as the Secretary may require to ensure
that the State will maintain its non-Federal
transportation capital expenditures at or above
the average level of such expenditures for the
preceding 3 fiscal years.
‘‘(3) TREATMENT.—
‘‘(A) LIMITATION ON LIABILITY.—Use of a
credit for a non-Federal share under this sub-
section that is received from a public, quasi-
public, or private agency—
‘‘(i) shall not expose the agency to ad-
ditional liability, additional regulation, or
additional administrative oversight; and
‘‘(ii) shall not subject the agency to
any additional Federal design standards,
laws, or regulations as a result of provid-
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ing the non-Federal match other than
those to which the agency is already sub-
ject.
‘‘(B) CHARTERED
MULTISTATE
AGEN-
CIES.—When a credit that is received from a
chartered multistate agency is applied for a
non-Federal share under this subsection, such
credit shall be applied equally to all charter
States.’’.
(c) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish and implement an Interstate System recon-
struction and rehabilitation pilot program under
which the Secretary, notwithstanding sections 129
and 301 of title 23, United States Code, may permit
a State to collect tolls on a highway, bridge, or tun-
nel on the Interstate System for the purpose of re-
constructing and rehabilitating Interstate highway
corridors that could not otherwise be adequately
maintained or functionally improved without the col-
lection of tolls.
(2) LIMITATION ON NUMBER OF FACILITIES.—
The Secretary may permit the collection of tolls
under this subsection on 3 facilities on the Interstate
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System. Each of such facilities shall be located in a
different State.
(3) ELIGIBILITY.—In order to be eligible to
participate in the pilot program, a State shall sub-
mit to the Secretary an application that contains, at
a minimum, the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll facility,
including the age, condition, and intensity of
use of such facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the metro-
politan planning organization established under
section 134 of title 23, United States Code, for
the area has been consulted concerning the
placement and amount of tolls on the facility.
(C) An analysis demonstrating that such
facility could not be maintained or improved to
meet current or future needs from the State’s
apportionments and allocations made available
by this Act (including amendments made by
this Act) and from revenues for highways from
any other source without toll revenues.
(D) A facility management plan that in-
cludes—
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(i) a plan for implementing the impo-
sition of tolls on the facility;
(ii) a schedule and finance plan for
the reconstruction or rehabilitation of the
facility using toll revenues;
(iii) a description of the public trans-
portation agency which will be responsible
for implementation and administration of
the pilot toll reconstruction and rehabilita-
tion program; and
(iv) a description of whether consider-
ation will be given to privatizing the main-
tenance and operational aspects of the con-
verted facility, while retaining legal and
administrative control of the Interstate
route section.
(E) Such other information as the Sec-
retary may require.
(4) SELECTION CRITERIA.—The Secretary may
approve the application of a State under paragraph
(3) only if the Secretary determines the following:
(A) The State is unable to reconstruct or
rehabilitate the proposed toll facility using ex-
isting apportionments.
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(B) The facility has a sufficient intensity
of use, age, or condition to warrant the collec-
tion of tolls.
(C) The State plan for implementing tolls
on the facility takes into account the interests
of local, regional, and interstate travelers.
(D) The State plan for reconstruction or
rehabilitation of the facility using toll revenues
is reasonable.
(E) The State has given preference to the
use of an existing public toll agency with dem-
onstrated capability to build, operate, and
maintain a toll expressway system meeting cri-
teria for the Interstate System.
(5) LIMITATIONS ON USE OF REVENUES; AU-
DITS.—Before the Secretary may permit a State to
participate in the pilot program, the State must
enter into an agreement with the Secretary that pro-
vides that—
(A) all toll revenues received from oper-
ation of the toll facility will be used only for
debt service, for reasonable return on invest-
ment of any private person financing the
project, and for any costs necessary for the im-
provement of and the proper operation and
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maintenance of the toll facility, including recon-
struction, resurfacing, restoration, and rehabili-
tation of the toll facility; and
(B) regular audits will be conducted to en-
sure compliance with subparagraph (A) and the
results of such audits will be transmitted to the
Secretary.
(6) LIMITATION ON USE OF INTERSTATE MAIN-
TENANCE FUNDS.—During the term of the pilot pro-
gram, funds apportioned for Interstate maintenance
under section 104(b)(5) of title 23, United States
Code, may not be used on a facility for which tolls
are being collected under the program.
(7) PROGRAM TERM.—The Secretary shall con-
duct the pilot program under this section for a term
to be determined by the Secretary but not less than
10 years.
(8) INTERSTATE
SYSTEM
DEFINED.—In this
subsection, the term ‘‘Interstate System’’ has the
same meaning such term has under section 101(a)
of title 23, United States Code.
(d) BRIDGE RECONSTRUCTION OR REPLACEMENT.—
Section 129(a)(1)(C) is amended by striking ‘‘toll-free
bridge or tunnel’’ and inserting ‘‘toll-free major bridge or
toll-free tunnel’’.
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SEC. 121. CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL FACILITIES.
(a) OBLIGATION OF AMOUNTS.—Section 1064(c) of
the Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended
to read as follows:
‘‘(c) OBLIGATION
OF AMOUNTS.—Amounts made
available out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section may be
obligated at the discretion of the Secretary. Such sums
shall remain available until expended.’’.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct
a study of ferry transportation in the United States
and its possessions—
(A) to identify existing ferry operations, in-
cluding—
(i) the locations and routes served;
and
(ii) the source and amount, if any, of
funds derived from Federal, State, or local
government sources supporting ferry oper-
ations; and
(B) to identify potential domestic ferry
routes in the United States and its possessions
and to develop information on those routes.
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(2) REPORT.—The Secretary shall submit a re-
port on the results of the study required under para-
graph (1) to the Committee on Transportation and
Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Trans-
portation of the Senate.
(c) FERRY
OPERATING
AND
LEASING
AMEND-
MENTS.—Section 129(c) is amended—
(1) in paragraph (3) by striking ‘‘owned.’’ and
inserting ‘‘owned or operated.’’; and
(2) in paragraph (6) by striking ‘‘sold, leased,
or’’ and inserting ‘‘sold or’’.
SEC. 122. HIGHWAY USE TAX EVASION PROJECTS.
(a) APPLICABILITY OF TITLE 23.—Section 1040(f)
of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is amended
to read as follows:
‘‘(f) APPLICABILITY
OF TITLE 23.—Funds made
available out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section shall be
available for obligation in the same manner and to the
same extent as if such funds were apportioned under chap-
ter 1 of title 23, United States Code; except that the Fed-
eral share of the cost of any project carried out under this
section shall be 100 percent and such funds shall remain
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available for obligation for a period of 1 year after the
last day of the fiscal year for which the funds are author-
ized.’’.
(b) AUTOMATED FUEL REPORTING SYSTEM.—Sec-
tion 1040 of such Act (23 U.S.C. 101 note; 105 Stat.
1992) is amended by redesignating subsection (g) as sub-
section (h) and by inserting after subsection (f) the follow-
ing:
‘‘(g) AUTOMATED FUEL REPORTING SYSTEM.—Of
the amounts made available to carry out this section for
each of fiscal years 1998 through 2003, the Secretary
shall make available sufficient funds to the Internal Reve-
nue Service to establish and operate an automated fuel
reporting system.’’.
(c) TECHNICAL AMENDMENT.—Section 1040(a) of
such Act (23 U.S.C. 101 note; 105 Stat. 1992) is amended
by striking ‘‘by subsection (e)’’.
SEC. 123. PERFORMANCE BONUS PROGRAM.
(a) STUDY.—The Secretary shall develop perform-
ance-based criteria for the distribution of not to exceed
5 percent of the funds from each of the following pro-
grams:
(1) The Interstate maintenance program under
section 119 of title 23, United States Code.
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(2) The bridge program under section 144 of
such title.
(3) The high risk road safety improvement pro-
gram under section 154 of such title.
(4) The surface transportation program under
section 133 of such title.
(5) The congestion mitigation and air quality
improvement program under section 149 of such
title.
(b) REQUIREMENTS
FOR DEVELOPMENT
OF CRI-
TERIA.—Performance-based criteria developed by the Sec-
retary under subsection (a) shall assess on a statewide
basis the following:
(1) For the Interstate maintenance program,
whether pavement conditions on routes on the Inter-
state System in the State have consistently been of
a high quality or have recently improved.
(2) For the bridge program, whether the per-
centage of deficient bridges in the State has consist-
ently been low or has recently decreased.
(3) For the high risk road safety improvement
program, whether the level of safety on highways in
the State has consistently been high or has recently
improved.
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(4) For the surface transportation program,
whether the level of financial effort in State funding
for highway and transit investments has been high
or has recently increased.
(5) For the congestion mitigation and air qual-
ity improvement program, whether the environ-
mental performance of the transportation system
has been consistently high or has improved.
(c) REQUIRED SUBMISSION.—Not later than 18
months after the date of the enactment of this Act, the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of
the Senate the performance-based criteria developed under
subsection (a).
SEC. 124. METROPOLITAN PLANNING.
(a) GENERAL REQUIREMENTS.—Section 134(a) is
amended by inserting after ‘‘and goods’’ the following:
‘‘and foster economic growth and development’’.
(b) COORDINATION
OF MPOS.—Section 134(e) is
amended—
(1) in the subsection heading by striking
‘‘MPO’S’’ and inserting ‘‘MPOS’’;
(2) by inserting before ‘‘If’’ the following: ‘‘(1)
NONATTAINMENT AREAS.—’’;
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(3) by adding at the end the following:
‘‘(2) PROJECT LOCATED IN MULTIPLE MPOS.—
If a project is located within the boundaries of more
than one metropolitan planning organization, the
metropolitan planning organizations shall coordinate
plans regarding the project.’’; and
(4) by indenting paragraph (1), as designated
by paragraph (2) of this subsection, and aligning
such paragraph (1) with paragraph (2), as added by
paragraph (3) of this subsection.
(c) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—Section 134(f) is amended to read as follows:
‘‘(f) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—To the extent that the metropolitan planning orga-
nization determines appropriate, the metropolitan trans-
portation planning process may include consideration of
goals and objectives that—
‘‘(1) support the economic vitality of the metro-
politan area, especially by enabling global competi-
tiveness, productivity, and efficiency;
‘‘(2) increase the safety and security of the
transportation system for all users;
‘‘(3) increase the accessibility and mobility for
people and freight;
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‘‘(4) protect and enhance the environment, con-
serve energy, and enhance quality of life;
‘‘(5) enhance the integration and connectivity of
the transportation system, across and between
modes, for people and freight;
‘‘(6) promote efficient system utilization and
operation; and
‘‘(7) preserve and optimize the existing trans-
portation system.
This subsection shall apply to the development of long-
range transportation plans and transportation improve-
ment programs.’’.
(d) LONG-RANGE PLAN.—Section 134(g) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘transpor-
tation’’ after ‘‘long-range’’;
(2) in paragraph (2) by striking ‘‘, at a mini-
mum’’ and inserting ‘‘contain, at a minimum, the
following’’;
(3) in paragraph (2)(A)—
(A) by striking ‘‘Identify’’ and inserting
‘‘An identification of ’’; and
(B) by striking ‘‘shall consider’’ and insert-
ing ‘‘may consider’’;
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(4) by striking paragraph (2)(B) and inserting
the following:
‘‘(B) A financial plan that demonstrates
how the adopted transportation plan can be im-
plemented, indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the plan and rec-
ommends any additional financing strategies for
needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the met-
ropolitan planning organization and State shall
cooperatively develop estimates of funds that
will be available to support plan implementa-
tion.’’;
(5) in paragraph (4) by inserting after ‘‘em-
ployees,’’ the following: ‘‘freight shippers and provid-
ers of freight transportation services,’’; and
(6) in paragraph (5) by inserting ‘‘transpor-
tation’’ before ‘‘plan prepared’’.
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HR 2400 RDS
‘‘(A) FATAL IMPAIRED DRIVER PERCENT-
AGE REDUCTION.—The percentage of fatally in-
jured drivers with 0.10 percent or greater blood
alcohol concentration in the State has decreased
in each of the 3 most recent calendar years for
which statistics for determining such percent-
ages are available.
‘‘(B) FATAL IMPAIRED DRIVER PERCENT-
AGE
COMPARISON.—The percentage of fatally
injured drivers with 0.10 percent or greater
blood alcohol concentration in the State has
been lower than the average percentage for all
States in each of the calendar years referred to
in subparagraph (A).
‘‘(3) BASIC GRANT AMOUNT.—The amount of a
basic grant made to a State for a fiscal year under
this subsection shall equal up to 30 percent of the
amount apportioned to the State for fiscal year 1997
under section 402 of this title.
‘‘(e) DISCRETIONARY GRANTS.—
‘‘(1) IN GENERAL.—Upon receiving an applica-
tion from a State, the Secretary may make grants
to the State for carrying out innovative programs
(other than the programs specified in subsection (d))
to reduce traffic safety problems resulting from indi-