II
Calendar No. 411
105TH CONGRESS
2D SESSION
H. R. 3978
IN THE SENATE OF THE UNITED STATES
JUNE 4 (legislative day, JUNE 2), 1998
Received
JUNE 11, 1998
Read the first time
JUNE 12, 1998
Read the second time and placed on the Calendar
AN ACT
To restore provisions agreed to by the conferees to H.R.
2400, entitled the ‘‘Transportation Equity Act for the
21st Century’’, but not included in the conference report
to H.R. 2400, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘TEA 21 Restoration
Act’’.
SEC. 2. AUTHORIZATION AND PROGRAM SUBTITLE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
1101(a) of the Transportation Equity Act for the 21st
Century is amended—
(1) in paragraph (13)—
(A) by striking ‘‘$1,025,695,000’’ and in-
serting ‘‘$1,029,473,500’’;
(B) by striking ‘‘$1,398,675,000’’ and in-
serting ‘‘$1,403,827,500’’;
(C) by striking ‘‘$1,678,410,000’’ the first
place 
it 
appears 
and 
inserting
‘‘$1,684,593,000’’;
(D) by striking ‘‘$1,678,410,000’’ the sec-
ond 
place 
it 
appears 
and 
inserting
‘‘$1,684,593,000’’;
(E) by striking ‘‘$1,771,655,000’’ the first
place 
it 
appears 
and 
inserting
‘‘$1,778,181,500’’; and
(F) by striking ‘‘$1,771,655,000’’ the sec-
ond 
place 
it 
appears 
and 
inserting
‘‘$1,778,181,500’’; and
(2) in paragraph (14)—
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(A) by striking ‘‘1998’’ and inserting
‘‘1999’’; and
(B) by inserting before ‘‘$5,000,000’’ the
following: ‘‘$10,000,000 for fiscal year 1998’’.
(b) OBLIGATION LIMITATIONS.—
(1) GENERAL LIMITATION.—Section 1102(a) of
such Act is amended—
(A) 
in 
paragraph 
(2) 
by 
striking
‘‘$25,431,000,000’’ 
and 
inserting
‘‘$25,511,000,000’’;
(B) 
in 
paragraph 
(3) 
by 
striking
‘‘$26,155,000,000’’ 
and 
inserting
‘‘$26,245,000,000’’;
(C) 
in 
paragraph 
(4) 
by 
striking
‘‘$26,651,000,000’’ 
and 
inserting
‘‘$26,761,000,000’’;
(D) 
in 
paragraph 
(5) 
by 
striking
‘‘$27,235,000,000’’ 
and 
inserting
‘‘$27,355,000,000’’; and
(E) 
in 
paragraph 
(6) 
by 
striking
‘‘$27,681,000,000’’ 
and 
inserting
‘‘$27,811,000,000’’.
(2) TRANSPORTATION RESEARCH PROGRAMS.—
Section 1102(e) of such Act is amended—
(A) by striking ‘‘3’’ and inserting ‘‘5’’;
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(B) by striking ‘‘VI’’ and inserting ‘‘V’’;
and
(C) by inserting before the period at the
end the following: ‘‘; except that obligation au-
thority made available for such programs under
such limitations shall remain available for a pe-
riod of 3 fiscal years’’.
(3) REDISTRIBUTION OF CERTAIN AUTHORIZED
FUNDS.—Section 1102(f) of such Act is amended by
striking ‘‘(other than the program under section 160
of title 23, United States Code)’’.
(c) APPORTIONMENTS.—Section 1103 of such Act is
amended—
(1) in subsection (l) by adding at the end the
following:
‘‘(5) Section 150 of such title, and the item re-
lating to such section in the analysis for chapter 1
of such title, are repealed.’’;
(2) in subsection (n) by inserting ‘‘of title 23,
United States Code’’ after ‘‘206’’; and
(3) by adding at the end the following:
‘‘(o) TECHNICAL ADJUSTMENTS.—Section 104 of
title 23, United States Code, is amended—
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‘‘(1) in subsection (a)(1) (as amended by sub-
section (a) of this section) by striking ‘under section
103’;
‘‘(2) in subsection (b) (as amended by sub-
section (b) of this section)—
‘‘(A) in paragraph (1)(A) by striking ‘1999
through 2003’ and inserting ‘1998 through
2002’; and
‘‘(B) in paragraph (4)(B)(i) by striking ‘on
lanes on Interstate System’ and all that follows
through ‘in each State’ and inserting ‘on Inter-
state System routes open to traffic in each
State’; and
‘‘(3) in subsection (e)(2) (as added by sub-
section (d)(6) of this section) by striking ‘104, 144,
or 157’ and inserting ‘104, 105, or 144’.’’.
(d) MINIMUM GUARANTEE.—Section 1104 of such
Act is amended by adding at the end the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 105 of
title 23, United States Code (as amended by subsection
(a) of this section), is amended—
‘‘(1) in subsection (a) by adding at the end the
following: ‘The minimum amount allocated to a
State under this section for a fiscal year shall be
$1,000,000.’;
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‘‘(2) in subsection (c)(1) by striking ‘50 percent
of’;
‘‘(3) in subsection (c)(1)(A) by inserting ‘(other
than metropolitan planning, minimum guarantee,
high priority projects, Appalachian development
highway system, and recreational trails programs)’
after ‘subsection (a)’;
‘‘(4) in subsection (c)(1)(B) by striking ‘all
States’ and inserting ‘each State’;
‘‘(5) in subsection (c)(2)—
‘‘(A) by striking ‘apportion’ and inserting
‘administer’; and
‘‘(B) by striking ‘apportioned’ and insert-
ing ‘administered’; and
‘‘(6) in subsection (f)—
‘‘(A) by inserting ‘percentage’ before ‘re-
turn’ each place it appears;
‘‘(B) in paragraph (2) by striking ‘for the
preceding fiscal year was equal to or less than’
and inserting ‘in the table in subsection (b) was
equal to’; and
‘‘(C) in paragraph (3)—
‘‘(i) by inserting ‘proportionately’ be-
fore ‘adjust’;
‘‘(ii) by striking ‘set forth’; and
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‘‘(iii) by striking ‘do not exceed’ and
inserting ‘is equal to’.’’.
(e) REVENUE ALIGNED BUDGET AUTHORITY.—Sec-
tion 1105 of such Act is amended by adding at the end
the following:
‘‘(c) TECHNICAL CORRECTIONS.—Section 110 of
such title (as amended by subsection (a)) is amended—
‘‘(1) by striking subsection (a) and inserting
the following:
‘(a) IN GENERAL.—
‘(1) ALLOCATION.—On October 15 of fiscal
year 2000 and each fiscal year thereafter, the Sec-
retary shall allocate for such fiscal year an amount
of funds equal to the amount determined pursuant
to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985
(2 U.S.C 901(b)(2)(B)(ii)(I)(cc)) if the amount de-
termined pursuant to such section for such fiscal
year is greater than zero.
‘(2) REDUCTION.—If the amount determined
pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc)) for
fiscal year 2000 or any fiscal year thereafter is less
than zero, the Secretary on October 1 of the suc-
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ceeding fiscal year shall reduce proportionately the
amount of sums authorized to be appropriated from
the Highway Trust Fund (other than the Mass
Transit Account) to carry out each of the Federal-
aid highway and highway safety construction pro-
grams (other than emergency relief) by an aggregate
amount equal to the amount determined pursuant to
such section.’;
‘‘(2) in subsections (b)(2) and (b)(4) by striking
‘subsection (a)’ and inserting ‘subsection (a)(1)’; and
‘‘(3) in subsection (c) by striking ‘Maintenance
program, the’ and inserting ‘and’.’’.
(f) INTERSTATE MAINTENANCE PROGRAM.—Section
1107 of such Act is amended by adding at the end the
following:
‘‘(d) TECHNICAL AMENDMENTS.—Section 119 of
such title (as amended by subsection (a)) is amended—
‘‘(1) in subsection (b)—
‘‘(A) by striking ‘104(b)(5)(B)’ and insert-
ing ‘104(b)(4)’; and
‘‘(B) by striking ‘104(b)(5)(A)’ each place
it appears and inserting ‘104(b)(5)(A) (as in ef-
fect on the date before the date of enactment
of the Transportation Equity Act for the 21st
Century)’; and
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‘‘(2) in subsection (c) by striking ‘104(b)(5)(B)’
each place it appears and inserting ‘104(b)(4)’.’’.
(g) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.—Section 1110(d)(2) of such Act
is amended—
(1) 
by 
striking 
‘‘149(c)’’ 
and 
inserting
‘‘149(e)’’; and
(2) by striking ‘‘that reduce’’ and inserting ‘‘re-
duce’’.
(h) HIGHWAY USE TAX EVASION PROJECTS.—Sec-
tion 1114 of such Act is amended by adding at the end
the following:
‘‘(c) TECHNICAL ADJUSTMENTS.—Section 143 of
title 23, United States Code (as amended by subsection
(a) of this section), is amended—
‘‘(1) in subsection (c)(1) by striking ‘April 1’
and inserting ‘August 1’;
‘‘(2) in subsection (c)(3) by inserting ‘PRIOR-
ITY’ after ‘FUNDING’; and
‘‘(3) in subsection (c)(3) by inserting ‘and prior
to funding any other activity under this section,’
after ‘2003,’.’’.
(i) FEDERAL LANDS HIGHWAYS PROGRAM.—Section
1115 of the Transportation Equity Act for the 21st Cen-
tury is amended by adding at the end the following:
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‘‘(f) CONFORMING AMENDMENTS.—
‘‘(1) FEDERAL SHARE.—Subsections (j) and (k)
of section 120 of title 23, United States Code (as
added by subsection (a) of this section), are redesig-
nated as subsections (k) and (l), respectively.
‘‘(2) 
RESERVATION
OF
FUNDS.—Section
202(d)(4)(B) of such title (as added by subsection
(b)(4) of this section) is amended by striking ‘to,
apply sodium acetate/formate de-icer to,’ and insert-
ing ‘, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing
and de-icing compositions’.
‘‘(3) ELIMINATION
OF
DUPLICATIVE
PROVI-
SION.—Section 144(g) of such title is amended by
striking paragraph (4).’’.
(j) WOODROW WILSON MEMORIAL BRIDGE CORREC-
TION.—Section 1116 of such Act is amended by adding
at the end the following:
‘‘(e) TECHNICAL CORRECTION.—Sections 404(5) and
407(c)(2)(C)(iii) of such Act (as amended by subsections
(a)(2) and (b)(2), respectively) are amended by striking
‘the record of decision’ each place it appears and inserting
‘a record of decision’.’’.
(k) TECHNICAL CORRECTION.—Section 1117 of such
Act is amended in subsections (a) and (b) by striking ‘‘sec-
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‘‘(4) conduct research, and study techniques, on
protecting historic covered bridges from rot, fire,
natural disasters, or weight-related damage.
‘‘(c) DIRECT FEDERAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to the availability
of appropriations, the Secretary shall make a grant
to a State that submits an application to the Sec-
retary that demonstrates a need for assistance in
carrying out 1 or more historic covered bridge
projects described in paragraph (2).
‘‘(2) TYPES OF PROJECT.—A grant under para-
graph (1) may be made for a project—
‘‘(A) to rehabilitate or repair a historic
covered bridge; and
‘‘(B) to preserve a historic covered bridge,
including through—
‘‘(i) installation of a fire protection
system, including a fireproofing or fire de-
tection system and sprinklers;
‘‘(ii) installation of a system to pre-
vent vandalism and arson; or
‘‘(iii) relocation of a bridge to a pres-
ervation site.
‘‘(3) AUTHENTICITY.—A grant under para-
graph (1) may be made for a project only if—
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‘‘(A) to the maximum extent practicable,
the project—
‘‘(i) is carried out in the most histori-
cally appropriate manner; and
‘‘(ii) preserves the existing structure
of the historic covered bridge; and
‘‘(B) the project provides for the replace-
ment of wooden components with wooden com-
ponents, unless the use of wood is impracticable
for safety reasons.
‘‘(4) FEDERAL SHARE.—The Federal share of
the cost of a project carried out with a grant under
this subsection shall be 80 percent.
‘‘(d) FUNDING.—There is authorized to be appro-
priated to carry out this section $10,000,000 for each of
fiscal years 1999 through 2003. Such funds shall remain
available until expended.
‘‘SEC. 1225. SUBSTITUTE PROJECT.
‘‘(a) APPROVAL OF PROJECT.—Notwithstanding any
other provision of law, upon the request of the Mayor of
the District of Columbia, the Secretary may approve sub-
stitute highway and transit projects under section
103(e)(4) of title 23, United States Code (as in effect on
the day before the date of enactment of this Act), in lieu
of construction of the Barney Circle Freeway project in
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the District of Columbia, as identified in the 1991 Inter-
state Cost Estimate.
‘‘(b) ELIGIBILITY
FOR FEDERAL ASSISTANCE.—
Upon approval of any substitute project or projects under
subsection (a)—
‘‘(1) the cost of construction of the Barney Cir-
cle Freeway Modification project shall not be eligible
for funds authorized under section 108(b) of the
Federal-Aid Highway Act of 1956; and
‘‘(2) substitute projects approved pursuant to
this section shall be funded from interstate construc-
tion funds apportioned or allocated to the District of
Columbia that are not expended and not subject to
lapse on the date of enactment of this Act.
‘‘(c) FEDERAL SHARE.—The Federal share payable
on account of a project or activity approved under this
section shall be 85 percent of the cost thereof; except that
the exception set forth in section 120(b)(2) of title 23,
United States Code, shall apply.
‘‘(d) LIMITATION ON ELIGIBILITY.—Any substitute
project approved pursuant to subsection (a) (for which the
Secretary finds that sufficient Federal funds are available)
must be under contract for construction, or construction
must have commenced, before the last day of the 4-year
period beginning on the date of enactment of this Act. If
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the substitute project is not under contract for construc-
tion, or construction has not commenced, by such last day,
the Secretary shall withdraw approval of the substitute
project.
‘‘SEC. 1226. FISCAL, ADMINISTRATIVE, AND OTHER AMEND-
MENTS.
‘‘(a) ADVANCED CONSTRUCTION.—Section 115 of
title 23, United States Code, is amended—
‘‘(1) in subsection (b)—
‘‘(A) by moving the text of paragraph (1)
(including subparagraphs (A) and (B)) 2 ems
to the left;
‘‘(B) by striking ‘PROJECTS’ and all that
follows through ‘When a State’ and inserting
‘PROJECTS.—When a State’;
‘‘(C) by striking paragraphs (2) and (3);
‘‘(D) by striking ‘(A) prior’ and inserting
‘(1) prior’; and
‘‘(E) by striking ‘(B) the project’ and in-
serting ‘(2) the project’;
‘‘(2) by striking subsection (c); and
‘‘(3) by redesignating subsection (d) as sub-
section (c).
‘‘(b) AVAILABILITY OF FUNDS.—Section 118 of such
title is amended—
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‘‘(1) in the subsection heading of subsection (b)
by striking ‘; DISCRETIONARY PROJECTS’; and
‘‘(2) by striking subsection (e) and inserting the
following:
‘(e) EFFECT OF RELEASE OF FUNDS.—Any Federal-
aid highway funds released by the final payment on a
project, or by the modification of the project agreement,
shall be credited to the same program funding category
previously apportioned to the State and shall be imme-
diately available for expenditure.’.’’.
‘‘(c) ADVANCES TO STATES.—Section 124 of such
title is amended—
‘‘(1) by striking ‘(a)’ the first place it appears;
and
‘‘(2) by striking subsection (b).
‘‘(d) DIVERSION.—Section 126 of such title, and the
item relating to such section in the analysis for chapter
1 of such title, are repealed.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) of such Act is amended
by inserting after the item relating to section 1222 the
following:
‘‘Sec. 1223. Transportation assistance for Olympic cities.
‘‘Sec. 1224. National historic covered bridge preservation.
‘‘Sec. 1225. Substitute project.
‘‘Sec. 1226. Fiscal, administrative, and other amendments.’’.
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(c) METROPOLITAN PLANNING TECHNICAL ADJUST-
MENT.—Section 1203 of such Act is amended by adding
at the end the following:
‘‘(o) 
TECHNICAL
ADJUSTMENT.—Section
134(h)(5)(A) of title 23, United States Code (as amended
by subsection (h) of this section), is amended by striking
‘for implementation’.’’.
(d) AMENDMENTS TO PRIOR SURFACE TRANSPOR-
TATION LAWS.—Section 1211 of such Act is amended—
(1) in subsection (i)(3)(E) by striking ‘‘sub-
paragraph (D)’’ and inserting ‘‘subparagraph (C)’’;
(2) in subsection (i) by adding at the end the
following:
‘‘(4) 
TECHNICAL
AMENDMENTS.—Section
1105(e)(5)(B)(i) of such Act (as amended by para-
graph (3) of this subsection) is amended—
‘‘(A) by striking ‘subsection (c)(18)(B)(i)’
and inserting ‘subsection (c)(18)(D)(i)’;
‘‘(B) by striking ‘subsection (c)(18)(B)(ii)’
and inserting ‘subsection (c)(18)(D)(ii)’; and
‘‘(C) by adding at the end the following:
‘The portion of the route referred to in sub-
section (c)(36) is designated as Interstate
Route I–86.’.’’;
(3) by striking subsection (j);