HR 2400 EAS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Intermodal Surface Transportation Efficiency Act of
1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I—SURFACE TRANSPORTATION
Sec. 1001. Short title.
Subtitle A—General Provisions
Sec. 1101. Authorizations.
Sec. 1102. Apportionments.
Sec. 1103. Obligation ceiling.
Sec. 1104. Obligation authority under surface transportation program.
Sec. 1105. Emergency relief.
Sec. 1106. Federal lands highways program.
Sec. 1107. Recreational trails program.
Sec. 1108. Value pricing pilot program.
Sec. 1109. Highway use tax evasion projects.
Sec. 1110. Bicycle transportation and pedestrian walkways.
Sec. 1111. Disadvantaged business enterprises.
Sec. 1112. Federal share payable.
Sec. 1113. Studies and reports.
Sec. 1114. Definitions.
Sec. 1115. Cooperative Federal Lands Transportation Program.
Sec. 1116. Trade corridor and border crossing planning and border infrastruc-
ture.
Sec. 1117. Appalachian development highway system.
Sec. 1118. Interstate 4R and bridge discretionary program.
Sec. 1119. Magnetic levitation transportation technology deployment program.
Sec. 1120. Woodrow Wilson Memorial Bridge.
Sec. 1121. National Highway System components.
Sec. 1122. Highway bridge replacement and rehabilitation.
Sec. 1123. Congestion mitigation and air quality improvement program.
Sec. 1124. Safety belt use law requirements.
Sec. 1125. Sense of the Senate concerning reliance on private enterprise.
Sec. 1126. Study of use of uniformed police officers on Federal-aid highway con-
struction projects.
Sec. 1127. Contracting for engineering and design services.
Sec. 1128. Additional funding.
Sec. 1129. Ambassador Bridge access, Detroit, Michigan.
Sec. 1130. Transportation assistance for Olympic cities.
Sec. 1131. National defense highways outside the United States.
Sec. 1132. National historic covered bridge preservation.
HR 2400 EAS
Subtitle B—Program Streamlining and Flexibility
CHAPTER 1—GENERAL PROVISIONS
Sec. 1201. Administrative expenses.
Sec. 1202. Real property acquisition and corridor preservation.
Sec. 1203. Availability of funds.
Sec. 1204. Payments to States for construction.
Sec. 1205. Proceeds from the sale or lease of real property.
Sec. 1206. Metric conversion at State option.
Sec. 1207. Report on obligations.
Sec. 1208. Terminations.
Sec. 1209. Interstate maintenance.
Sec. 1210. Engineering cost reimbursement.
CHAPTER 2—PROJECT APPROVAL
Sec. 1221. Transfer of highway and transit funds.
Sec. 1222. Project approval and oversight.
Sec. 1223. Surface transportation program.
Sec. 1224. Design-build contracting.
Sec. 1225. Integrated decisionmaking process.
CHAPTER 3—ELIGIBILITY AND FLEXIBILITY
Sec. 1231. Definition of operational improvement.
Sec. 1232. Eligibility of ferry boats and ferry terminal facilities.
Sec. 1233. Flexibility of safety programs.
Sec. 1234. Eligibility of projects on the National Highway System.
Sec. 1235. Eligibility of projects under the surface transportation program.
Sec. 1236. Design flexibility.
Subtitle C—Finance
CHAPTER 1—GENERAL PROVISIONS
Sec. 1301. State infrastructure bank program.
CHAPTER 2—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 1311. Short title.
Sec. 1312. Findings.
Sec. 1313. Establishment of program.
Sec. 1314. Office of Infrastructure Finance.
Subtitle D—Safety
Sec. 1401. Operation lifesaver.
Sec. 1402. Railway-highway crossing hazard elimination in high speed rail cor-
ridors.
Sec. 1403. Railway-highway crossings.
Sec. 1404. Hazard elimination program.
Sec. 1405. Minimum penalties for repeat offenders for driving while intoxicated
or driving under the influence.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Automatic crash protection unbelted testing standard.
Sec. 1408. National standard to prohibit operation of motor vehicles by intoxi-
cated individuals.
HR 2400 EAS
Sec. 1409. Open container laws.
Sec. 1410. Report on effects of allowing heavier weight vehicles on certain high-
ways.
Subtitle E—Environment
Sec. 1501. National scenic byways program.
Sec. 1502. Public-private partnerships.
Sec. 1503. Wetland restoration pilot program.
Subtitle F—Planning
Sec. 1601. Metropolitan planning.
Sec. 1602. Statewide planning.
Sec. 1603. Advanced travel forecasting procedures program.
Sec. 1604. Transportation and community and system preservation pilot pro-
gram.
Subtitle G—Technical Corrections
Sec. 1701. Federal-aid systems.
Sec. 1702. Miscellaneous technical corrections.
Sec. 1703. Nondiscrimination.
Sec. 1704. State transportation department.
Subtitle H—Miscellaneous Provisions
Sec. 1801. Designation of portion of State Route 17 in New York and Pennsyl-
vania as Interstate Route 86.
Sec. 1802. Identification of high priority corridor routes in Louisiana.
Sec. 1803. Sense of Senate concerning the operation of longer combination vehi-
cles.
Sec. 1804. International Bridge, Sault Ste. Marie, Michigan.
Sec. 1805. Amendment to National Trails System Act.
Sec. 1806. Amendments to title 23.
Sec. 1807. Limitations.
Sec. 1808. Additional qualified expenses available to nonamtrak States.
Sec. 1809. Continuance of commercial operations at certain service plazas in the
State of Maryland.
Sec. 1810. Pennsylvania Station Redevelopment Corporation Board of Directors.
Sec. 1811. Union Station Redevelopment Corporation Board of Directors.
Sec. 1812. Additions to Appalachian region.
Sec. 1813. Southwest border transportation infrastructure assessment.
Sec. 1814. Modification of high priority coridor.
Sec. 1815. Designation of corridors in Mississippi and Alabama as routes on the
interstate system.
Sec. 1816. Reauthorization of ferry and ferry terminal program.
Sec. 1817. Report on utilization potential.
TITLE II—RESEARCH AND TECHNOLOGY
Subtitle A—Research and Training
Sec. 2001. Strategic research plan.
Sec. 2002. Multimodal Transportation Research and Development Program.
Sec. 2003. National university transportation centers.
Sec. 2004. Bureau of Transportation Statistics.
Sec. 2005. Research and technology program.
HR 2400 EAS
Sec. 2006. Advanced research program.
Sec. 2007. Long-term pavement performance program.
Sec. 2008. State planning and research program.
Sec. 2009. Education and training.
Sec. 2010. International highway transportation outreach program.
Sec. 2011. National technology deployment initiatives and partnerships program.
Sec. 2012. Infrastructure investment needs report.
Sec. 2013. Innovative bridge research and construction program.
Sec. 2014. Use of Bureau of Indian Affairs administrative funds.
Sec. 2015. Study of future strategic highway research program.
Sec. 2016. Advanced vehicle technologies program.
Sec. 2017. Transportation and environment cooperative research program.
Sec. 2018. Recycled Materials Resource Center.
Sec. 2019. Conforming amendments.
Sec. 2020. Remote sensing and spatial information technologies.
Subtitle B—Intelligent Transportation Systems
Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Intelligent transportation systems.
Sec. 2104. Conforming amendment.
Subtitle C—Funding
Sec. 2201. Funding.
TITLE III—INTERMODAL TRANSPORTATION SAFETY AND RELATED
MATTERS
Sec. 3001. Short title.
Sec. 3002. Amendment of title 49, United States Code.
Subtitle A—Highway Safety
Sec. 3101. Highway safety programs.
Sec. 3102. National driver register.
Sec. 3103. Authorizations of appropriations.
Sec. 3104. Motor vehicle pursuit program.
Sec. 3105. Enforcement of window glazing standards for light transmission.
Sec. 3106. Improving air bag safety.
Sec. 3107. Roadside safety technologies.
Subtitle B—Hazardous Materials Transportation Reauthorization
Sec. 3201. Findings and purposes; definitions.
Sec. 3202. Handling criteria repeal.
Sec. 3203. Hazmat employee training requirements.
Sec. 3204. Registration.
Sec. 3205. Shipping paper retention.
Sec. 3206. Public sector training curriculum.
Sec. 3207. Planning and training grants.
Sec. 3208. Special permits, pilot programs, and exclusions.
Sec. 3209. Administration.
Sec. 3210. Cooperative agreements.
Sec. 3211. Enforcement.
Sec. 3212. Penalties.
HR 2400 EAS
Sec. 3213. Preemption.
Sec. 3214. Judicial review.
Sec. 3215. Hazardous material transportation reauthorization.
Sec. 3216. Authorization of appropriations.
Subtitle C—Comprehensive One-Call Notification
Sec. 3301. Findings.
Sec. 3302. Establishment of one-call notification programs.
Subtitle D—Motor Carrier Safety
Sec. 3401. Statement of purposes.
Sec. 3402. Grants to States.
Sec. 3403. Federal share.
Sec. 3404. Authorization of appropriations.
Sec. 3405. Information systems and strategic safety initiatives.
Sec. 3406. Improved flow of driver history pilot program.
Sec. 3407. Motor carrier and driver safety research.
Sec. 3408. Authorization of appropriations.
Sec. 3409. Conforming amendments.
Sec. 3410. Automobile transporter defined.
Sec. 3411. Repeal of review panel; review procedure.
Sec. 3412. Commercial motor vehicle operators.
Sec. 3413. Penalties.
Sec. 3414. International registration plan and international fuel tax agreement.
Sec. 3415. Study of adequacy of parking facilities.
Sec. 3416. Application of regulations.
Sec. 3417. Authority over charter bus transportation.
Sec. 3418. Federal motor carrier safety investigations.
Sec. 3419. Foreign motor carrier safety fitness.
Sec. 3420. Commercial motor vehicle safety advisory committee.
Sec. 3421. Waivers; exemptions; pilot programs.
Sec. 3422. Commercial motor vehicle safety studies.
Sec. 3423. Increased MCSAP participation impact study.
Sec. 3424. Exemption from certain regulations for utility service commercial
motor vehicle drivers.
Sec. 3425. School transportation safety.
Subtitle E—Rail and Mass Transportation Anti-Terrorism; Safety
Sec. 3501. Purpose.
Sec. 3502. Amendments to the ‘‘wrecking trains’’ statute.
Sec. 3503. Terrorist attacks against mass transportation.
Sec. 3504. Investigative jurisdiction.
Sec. 3505. Safety considerations in grants or loans to commuter railroads.
Sec. 3506. Railroad accident and incident reporting.
Sec. 3507. Mass transportation buses.
Subtitle F—Sportfishing and Boating Safety
Sec. 3601. Amendment of 1950 Act.
Sec. 3602. Outreach and communications programs.
Sec. 3603. Clean Vessel Act funding.
Sec. 3604. Boating infrastructure.
Sec. 3605. Boat safety funds.
HR 2400 EAS
Subtitle G—Miscellaneous
Sec. 3701. Light density rail line pilot projects.
Sec. 3702. Section 1407.
Sec. 3703. Designation of New Mexico commercial zone.
TITLE IV—OZONE AND PARTICULATE MATTER STANDARDS
Sec. 4101. Findings and purpose.
Sec. 4102. Particulate matter monitoring program.
Sec. 4103. Ozone designation requirements.
Sec. 4104. Additional provisions.
TITLE V—MASS TRANSIT
Sec. 5001. Short title.
Sec. 5002. Authorizations.
Sec. 5003. Capital projects and small area flexibility.
Sec. 5004. Metropolitan planning.
Sec. 5005. Metropolitan planning organizations.
Sec. 5006. Fare box revenues.
Sec. 5007. Clean fuels formula grant program.
Sec. 5008. Capital investment grants and loans.
Sec. 5009. Transit supportive land use.
Sec. 5010. New starts.
Sec. 5011. Joint partnership for deployment of innovation.
Sec. 5012. Workplace safety.
Sec. 5013. University transportation centers.
Sec. 5014. Job access and reverse commute grants.
Sec. 5015. Grant requirements.
Sec. 5016. HHS and public transit service.
Sec. 5017. Proceeds from the sale of transit assets.
Sec. 5018. Operating assistance for small transit authorities in large urbanized
areas.
Sec. 5019. Apportionment of appropriations for fixed guideway modernization.
Sec. 5020. Urbanized area formula study.
Sec. 5021. Intercity rail infrastructure investment from mass transit account of
highway trust fund.
Sec. 5022. New start rating and evaluation.
TITLE VI—REVENUE
Sec. 6001. Short title; amendment of 1986 Code.
Sec. 6002. Extension and modification of highway-related taxes and trust fund.
Sec. 6003. Mass Transit Account.
Sec. 6004. Tax-exempt financing of qualified highway infrastructure construction.
Sec. 6005. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 6006. Election to receive taxable cash compensation in lieu of nontaxable
qualified transportation fringe benefits.
Sec. 6007. Tax treatment of certain Federal participation payments.
Sec. 6008. Delay in effective date of new requirement for approved diesel or ker-
osene terminals.
Sec. 6009. Repeal of certain limitation on expenditures.
HR 2400 EAS
SEC. 2. DEFINITION.
In this Act, the term ‘‘Secretary’’ means the Secretary
of Transportation.
TITLE I—SURFACE
TRANSPORTATION
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Surface Transportation
Act of 1998’’.
Subtitle A—General Provisions
SEC. 1101. AUTHORIZATIONS.
(a) IN GENERAL.—For the purpose of carrying out
title 23, United States Code, the following sums shall be
available from the Highway Trust Fund (other than the
Mass Transit Account):
(1) INTERSTATE AND NATIONAL HIGHWAY SYS-
TEM
PROGRAM.—For the Interstate and National
Highway System program under section 103 of that
title 
$11,977,000,000 
for 
fiscal 
year 
1998,
$11,949,000,000 for fiscal year 1999, $11,922,000,000
for fiscal year 2000, $11,950,000,000 for fiscal year
2001, $12,242,000,000 for fiscal year 2002, and
$12,659,000,000 for fiscal year 2003, of which—
(A) $4,600,000,000 for fiscal year 1998,
$4,609,000,000 
for 
fiscal 
year 
1999,
$4,637,000,000 
for 
fiscal 
year 
2000,
$4,674,000,000 
for 
fiscal 
year 
2001,
HR 2400 EAS
$4,773,000,000 
for 
fiscal 
year 
2002, 
and
$4,918,000,000 for fiscal year 2003 shall be
available for the Interstate maintenance compo-
nent; and
(B) $1,400,000,000 for fiscal year 1998,
$1,403,000,000 
for 
fiscal 
year 
1999,
$1,411,000,000 
for 
fiscal 
year 
2000,
$1,423,000,000 
for 
fiscal 
year 
2001,
$1,453,000,000 
for 
fiscal 
year 
2002, 
and
$1,497,000,000 for fiscal year 2003 shall be
available for the Interstate bridge component.
(2) SURFACE TRANSPORTATION PROGRAM.—For
the surface transportation program under section 133
of that title $7,000,000,000 for fiscal year 1998,
$7,014,000,000 for fiscal year 1999, $7,056,000,000
for fiscal year 2000, $7,113,000,000 for fiscal year
2001, $7,263,000,000 for fiscal year 2002, and
$7,484,000,000 for fiscal year 2003.
(3) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion mitiga-
tion and air quality improvement program under sec-
tion 149 of that title $1,150,000,000 for fiscal year
1998, 
$1,152,000,000 
for 
fiscal 
year 
1999,
$1,159,000,000 for fiscal year 2000, $1,169,000,000
HR 2400 EAS
for fiscal year 2001, $1,193,000,000 for fiscal year
2002, and $1,230,000,000 for fiscal year 2003.
(4) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For In-
dian reservation roads under section 204 of that
title $200,000,000 for each of fiscal years 1998
through 2003.
(B) PARKWAYS
AND
PARK
ROADS.—For
parkways and park roads under section 204 of
that title $90,000,000 for each of fiscal years
1998 through 2003.
(C) PUBLIC LANDS HIGHWAYS.—For public
lands highways under section 204 of that title
$172,000,000 for each of fiscal years 1998
through 2003.
(b) REDUCTION FOR AMOUNTS MADE AVAILABLE FOR
FISCAL YEAR 1998 UNDER SURFACE TRANSPORTATION EX-
TENSION ACT OF 1997.—Notwithstanding any other provi-
sion of this Act, the Secretary shall reduce the amounts
made available under this section, other provisions of this
Act, and the amendments made by this Act for fiscal year
1998 by the amounts made available under the Surface
Transportation Extension Act of 1997 (Public Law 105–
130) in the following manner:
(1) INTERSTATE MAINTENANCE.—
HR 2400 EAS
(A) REDUCTION.—The amount made avail-
able to each State under the Interstate mainte-
nance component of the Interstate and National
Highway 
System 
program 
under 
section
104(b)(1)(A) of title 23, United States Code,
shall be reduced by the amount made available
to the State under section 2 of the Surface
Transportation Extension Act of 1997 (23
U.S.C. 104 note; 111 Stat. 2552) (and the
amendments made by that Act) (collectively re-
ferred to in this subsection as ‘‘STEA’’) for the
Interstate maintenance program.
(B) INSUFFICIENT
INTERSTATE
MAINTE-
NANCE FUNDS.—If—
(i) the amount made available to the
State under section 2 of STEA for the
Interstate maintenance program; exceeds
(ii) the amount made available to the
State under the Interstate maintenance
component under section 104(b)(1)(A) of
title 23, United States Code;
then, after the reduction required by subpara-
graph (A) is made, the amount made available
to the State under the Interstate bridge and other
National Highway System components of the
HR 2400 EAS
Interstate and National Highway System pro-
gram under subparagraphs (B) and (C) of sec-
tion 104(b)(1) of that title shall be reduced by
the amount of the excess.
(2) BRIDGES.—The amount made available to
each State under the Interstate bridge and other Na-
tional Highway System components of the Interstate
and National Highway System program under sub-
paragraphs (B) and (C) of section 104(b)(1) of title
23, United States Code, shall be reduced by the
amount made available to the State under section 2
of STEA for the bridge program.
(3) NATIONAL HIGHWAY SYSTEM.—The amount
made available to each State under the Interstate
bridge and other National Highway System compo-
nents of the Interstate and National Highway System
program under subparagraphs (B) and (C) of section
104(b)(1) of title 23, United States Code, shall be re-
duced by the amount made available to the State
under section 2 of STEA for the National Highway
System.
(4) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—The amount made avail-
able to each State for the congestion mitigation and
air quality improvement program under section
HR 2400 EAS
104(b)(2) of title 23, United States Code, shall be re-
duced by the amount made available to the State
under section 2 of STEA for the congestion mitigation
and air quality improvement program.
(5) METROPOLITAN
PLANNING.—The amount
made available to each State for metropolitan plan-
ning under section 104(f) of title 23, United States
Code, shall be reduced by the amount made available
to the State under section 5 of STEA for metropolitan
planning.
(6) SURFACE TRANSPORTATION PROGRAM.—
(A) SAFETY PROGRAMS.—
(i) REDUCTION.—The amount set aside
for safety programs from the amount made
available to each State for the surface trans-
portation program under section 104(b)(3)
of title 23, United States Code, shall be re-
duced by the amount set aside for safety
programs from the amount made available
to the State under section 2 of STEA for the
surface transportation program, minimum
allocation, Interstate reimbursement, the
donor State bonus, hold harmless, and 90
percent of payments adjustments.
HR 2400 EAS
(ii) INSUFFICIENT
SAFETY
PROGRAM
FUNDS.—If—
(I) the amount set aside for safety
programs from the amount made
available to the State under section 2
of STEA for the surface transportation
program, minimum allocation, Inter-
state reimbursement, the donor State
bonus, hold harmless, and 90 percent of
payments adjustments; exceeds
(II) the amount set aside for safe-
ty programs from the amount made
available to the State for the surface
transportation program under section
104(b)(3) of title 23, United States
Code;
then, after the reduction required by clause
(i) is made, the amount made available to
the State for the surface transportation pro-
gram under section 104(b)(3), other than
the amounts set aside or suballocated under
section 133(d) or 505 of that title, shall be
reduced by the amount of the excess.
(B) TRANSPORTATION
ENHANCEMENT
AC-
TIVITIES.—
HR 2400 EAS
(i) REDUCTION.—The amount set aside
for transportation enhancement activities
from the amount made available to each
State for the surface transportation pro-
gram under section 104(b)(3) of title 23,
United States Code, shall be reduced by the
amount set aside for transportation en-
hancement activities from the amount made
available to the State under section 2 of
STEA for the surface transportation pro-
gram, minimum allocation, Interstate reim-
bursement, the donor State bonus, hold
harmless, and 90 percent of payments ad-
justments.
(ii) INSUFFICIENT
TRANSPORTATION
ENHANCEMENT FUNDS.—If—
(I) the amount set aside for trans-
portation enhancement activities from
the amount made available to the State
under section 2 of STEA for the sur-
face transportation program, mini-
mum allocation, Interstate reimburse-
ment, the donor State bonus, hold
harmless, and 90 percent of payments
adjustments; exceeds
HR 2400 EAS
(II) the amount set aside for
transportation enhancement activities
from the amount made available to the
State for the surface transportation
program under section 104(b)(3) of
title 23, United States Code;
then, after the reduction required by clause
(i) is made, the amount made available to
the State for the surface transportation pro-
gram under section 104(b)(3), other than
the amounts set aside or suballocated under
section 133(d) or 505 of that title, shall be
reduced by the amount of the excess.
(C) SUBALLOCATION BY POPULATION.—The
total of—
(i) the amount suballocated by popu-
lation from the amount made available to
each State for the surface transportation
program under section 104(b)(3) of title 23,
United States Code;
(ii) the amount suballocated by popu-
lation from the amount made available to
the State for ISTEA transition under sec-
tion 1102(c); and
HR 2400 EAS
(iii) the amount suballocated by popu-
lation from the amount made available to
the State for minimum guarantee under
section 105 of that title;
shall be reduced by the amount suballocated by
population from the amount made available to
the State under section 2 of STEA for the surface
transportation program, minimum allocation,
Interstate reimbursement, the donor State bonus,
hold harmless, and 90 percent of payments ad-
justments.
(D) SURFACE
TRANSPORTATION
PROGRAM
FLEXIBLE FUNDS; INTERSTATE REIMBURSEMENT;
EQUITY ADJUSTMENTS.—
(i) REDUCTION.—The total of—
(I) the amount made available to
each State for the surface transpor-
tation program under section 104(b)(3)
of title 23, United States Code, other
than the amounts set aside or suballo-
cated under section 133(d) or 505 of
that title;
(II) the amount made available to
the State for ISTEA transition under
section 1102(c), other than the amounts
HR 2400 EAS
subject to section 133(d)(3) or 505 of
that title; and
(III) the amount made available
to the State for minimum guarantee
under section 105 of that title, other
than the amount subject to section
133(d)(3) of that title;
shall be reduced by the amount made avail-
able to the State under section 2 of STEA
for the surface transportation program,
minimum allocation, Interstate reimburse-
ment, the donor State bonus, hold harmless,
and 90 percent of payments adjustments,
other than the amounts set aside or suballo-
cated under section 133(d) or 307(c) (as in
effect on the day before the date of enact-
ment of this Act) of that title.
(ii) INSUFFICIENT
SURFACE
TRANS-
PORTATION
PROGRAM
FLEXIBLE, 
ISTEA
TRANSITION, 
AND
MINIMUM
GUARANTEE
FUNDS.—If—
(I) the amount made available to
the State under section 2 of STEA for
the surface transportation program,
minimum allocation, Interstate reim-
HR 2400 EAS
bursement, the donor State bonus, hold
harmless, and 90 percent of payments
adjustments, other than the amounts
set aside or suballocated under section
133(d) or 307(c) (as in effect on the
day before the date of enactment of this
Act) of that title; exceeds
(II) the sum of the amounts de-
scribed in subclauses (I) through (III)
of clause (i), after application of the
preceding provisions of this subsection;
then, after the reduction required by clause
(i) is made, the amount made available
under the Interstate bridge and other Na-
tional Highway System components of the
Interstate and National Highway System
program under subparagraphs (B) and (C)
of section 104(b)(1) of that title shall be re-
duced by the amount of the excess.
(7) FUNDING
RESTORATION; ISTEA
SECTIONS
1103–1108 FUNDS; STATE PLANNING AND RESEARCH.—
(A) REDUCTION.—The amount made avail-
able to each State for the surface transportation
program under section 104(b)(3) of title 23,
United States Code, other than the amounts set
HR 2400 EAS
aside or suballocated under section 133(d) or 505
of that title, shall be reduced by the sum of—
(i) the amount made available to the
State for funding restoration under section
2 of STEA;
(ii) the amount equal to the funds pro-
vided to the State under sections 1103
through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105
Stat. 2027) under section 2 of STEA; and
(iii) the amount made available from
the surface transportation program under
section 104(b)(3) of that title for State plan-
ning and research under section 307(c) of
that title (as in effect on the day before the
date of enactment of this Act) for fiscal year
1998.
(B) INSUFFICIENT
SURFACE
TRANSPOR-
TATION PROGRAM FLEXIBLE FUNDS.—If—
(i) the sum of the amounts described in
clauses (i) through (iii) of subparagraph
(A); exceeds
(ii) the amount made available to each
State for the surface transportation pro-
gram under section 104(b)(3) of title 23,
HR 2400 EAS
United States Code, other than the amounts
set aside or suballocated under section
133(d) or 505 of that title, after application
of the preceding provisions of this sub-
section;
then, after the reduction required by subpara-
graph (A) is made, the amount made available
under the Interstate bridge and other National
Highway System components of the Interstate
and National Highway System program under
subparagraphs (B) and (C) of section 104(b)(1)
of that title shall be reduced by the amount of the
excess.
(8) 
ADDITIONAL
ALLOCATION.—The 
amount
made available to each State for the surface transpor-
tation program under section 104(b)(3) of title 23,
United States Code, that remains available after the
set-asides required by section 133(d) of that title shall
be reduced by the amount made available to the State
under section 2 of STEA for section 1015(c) of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1944).
(9) ADMINISTRATIVE EXPENSES.—
(A) FEDERAL HIGHWAY ADMINISTRATION.—
The amount made available for administrative
HR 2400 EAS
expenses under section 104(a) of title 23, United
States Code, shall be reduced by the amount
made available under section 4(a)(2) of STEA.
(B) 
WOODROW
WILSON
MEMORIAL
BRIDGE.—The amount made available under sec-
tion 412 of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 shall be reduced by
the amount made available under section 4(a)(3)
of STEA.
(C) BUREAU OF TRANSPORTATION STATIS-
TICS.—The amount made available under section
111(m) of title 49, United States Code, shall be
reduced by the amount made available under sec-
tion 4(b) of STEA.
(10) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—The
amount made available for Indian reservation
roads under section 204 of title 23, United States
Code, shall be reduced by the amount made
available under section 5(a)(1) of STEA.
(B) 
PUBLIC
LANDS
HIGHWAYS.—The
amount made available for public lands high-
ways under section 204 of title 23, United States
Code, shall be reduced by the amount made
available under section 5(a)(2) of STEA.
HR 2400 EAS
(C) PARKWAYS
AND
PARK
ROADS.—The
amount made available for parkways and park
roads under section 204 of title 23, United States
Code, shall be reduced by the amount made
available under section 5(a)(3) of STEA.
(11) RECREATIONAL
TRAILS
PROGRAM.—The
amount made available for the recreational trails pro-
gram under section 206 of title 23, United States
Code, shall be reduced by the amount made available
under section 5(b) of STEA.
(12) HIGHWAY USE TAX EVASION PROJECTS.—
The amount made available for highway use tax eva-
sion projects under section 143 of title 23, United
States Code, shall be reduced by the amount made
available under section 5(c)(1) of STEA.
(13) NATIONAL SCENIC BYWAYS PROGRAM.—The
amount made available for the national scenic by-
ways program under section 165 of title 23, United
States Code, shall be reduced by the amount made
available under section 5(c)(2) of STEA.
(14) INTELLIGENT TRANSPORTATION SYSTEMS.—
The amount made available for intelligent transpor-
tation systems under subchapter II of chapter 5 of
title 23, United States Code, shall be reduced by the
HR 2400 EAS
amount made available under by section 5(d) of
STEA.
(15) SURFACE TRANSPORTATION RESEARCH.—
(A) OPERATION
LIFESAVER.—The amount
made available for operation lifesaver under sec-
tion 104(d)(1) of title 23, United States Code,
shall be reduced by the amount made available
under section 5(e)(1) of STEA.
(B) DWIGHT
DAVID
EISENHOWER
TRANS-
PORTATION
FELLOWSHIP
PROGRAM.—The
amount made available for the Dwight David
Eisenhower Transportation Fellowship Program
under section 506(c) of title 23, United States
Code, shall be reduced by the amount made
available under section 5(e)(2) of STEA.
(C) NATIONAL
HIGHWAY
INSTITUTE.—The
amount made available for the National High-
way Institute under section 506(b) of title 23,
United States Code, shall be reduced by the
amount made available under section 5(e)(3) of
STEA.
(16) EDUCATION AND TRAINING.—The amount
made available for education and training under sec-
tion 506(a) of title 23, United States Code, shall be
HR 2400 EAS
reduced by the amount made available under section
5(e)(4) of STEA.
(17) TERRITORIES.—The amount made available
for the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands
under section 104(b)(1)(C)(i) of title 23, United
States Code, shall be reduced by the amount made
available under section 5(g) of STEA.
SEC. 1102. APPORTIONMENTS.
(a) IN GENERAL.—Section 104 of title 23, United
States Code, is amended by striking subsection (b) and in-
serting the following:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal
year, the Secretary, after making the deduction authorized
by subsection (a) and the set-asides authorized by subsection
(f) and section 207(f), shall apportion the remainder of the
sums made available for expenditure on the Interstate and
National Highway System program, the congestion mitiga-
tion and air quality improvement program, and the surface
transportation program, for that fiscal year, among the
States in the following manner:
‘‘(1) INTERSTATE AND NATIONAL HIGHWAY SYS-
TEM PROGRAM.—
HR 2400 EAS
‘‘(A) INTERSTATE
MAINTENANCE
COMPO-
NENT.—For resurfacing, restoring, rehabilitat-
ing, and reconstructing the Interstate System—
‘‘(i) 50 percent in the ratio that—
‘‘(I) the total lane miles on Inter-
state System routes designated under—
‘‘(aa) section 103;
‘‘(bb) section 139(a) (as in
effect on the day before the date of
enactment of the Intermodal Sur-
face 
Transportation 
Efficiency
Act of 1998) before March 9, 1984
(other than routes on toll roads
not subject to a Secretarial agree-
ment under section 105 of the
Federal-Aid Highway Act of 1978
(92 Stat. 2692)); and
‘‘(cc) section 139(c) (as in ef-
fect on the day before the date of
enactment of the Intermodal Sur-
face 
Transportation 
Efficiency
Act of 1998);
in each State; bears to
‘‘(II) the total of all such lane
miles in all States; and
HR 2400 EAS
‘‘(ii) 50 percent in the ratio that—
‘‘(I) the total vehicle miles trav-
eled on lanes on Interstate System
routes designated under—
‘‘(aa) section 103;
‘‘(bb) section 139(a) (as in
effect on the day before the date of
enactment of the Intermodal Sur-
face 
Transportation 
Efficiency
Act of 1998) before March 9, 1984
(other than routes on toll roads
not subject to a Secretarial agree-
ment under section 105 of the
Federal-Aid Highway Act of 1978
(92 Stat. 2692)); and
‘‘(cc) section 139(c) (as in ef-
fect on the day before the date of
enactment of the Intermodal Sur-
face 
Transportation 
Efficiency
Act of 1998);
in each State; bears to
‘‘(II) the total of all such vehicle
miles traveled in all States.
‘‘(B) INTERSTATE
BRIDGE
COMPONENT.—
For resurfacing, restoring, rehabilitating, and re-
HR 2400 EAS
constructing bridges on the Interstate System,
and for the purposes specified in subparagraph
(A), in the ratio that—
‘‘(i) the total square footage of struc-
turally deficient and functionally obsolete
bridges on the Interstate System (other than
bridges on toll roads not subject to a Sec-
retarial agreement under section 105 of the
Federal-Aid Highway Act of 1978 (92 Stat.
2692)) in each State; bears to
‘‘(ii) the total square footage of struc-
turally deficient and functionally obsolete
bridges on the Interstate System (other than
bridges on toll roads not subject to a Sec-
retarial agreement under section 105 of the
Federal-Aid Highway Act of 1978 (92 Stat.
2692)) in all States.
‘‘(C) OTHER
NATIONAL
HIGHWAY
SYSTEM
COMPONENT.—
‘‘(i) IN GENERAL.—For the National
Highway System (excluding funds appor-
tioned under subparagraph (A) or (B)),
$36,400,000 for each fiscal year to the Vir-
gin Islands, Guam, American Samoa, and
the Commonwealth of Northern Mariana Is-
HR 2400 EAS
lands and the remainder apportioned as fol-
lows:
‘‘(I) 20 percent of the apportion-
ments in the ratio that—
‘‘(aa) the total lane miles of
principal arterial routes (exclud-
ing Interstate System routes) in
each State; bears to
‘‘(bb) the total lane miles of
principal arterial routes (exclud-
ing Interstate System routes) in
all States.
‘‘(II) 29 percent of the apportion-
ments in the ratio that—
‘‘(aa) the total vehicle miles
traveled on lanes on principal ar-
terial routes (excluding Interstate
System routes) in each State;
bears to
‘‘(bb) the total vehicle miles
traveled on lanes on principal ar-
terial routes (excluding Interstate
System routes) in all States.
‘‘(III) 18 percent of the appor-
tionments in the ratio that—
HR 2400 EAS
‘‘(aa) the total square footage
of structurally deficient and func-
tionally obsolete bridges on prin-
cipal arterial routes (excluding
bridges 
on 
Interstate 
System
routes (other than bridges on toll
roads not subject to a Secretarial
agreement under section 105 of
the Federal-Aid Highway Act of
1978 (92 Stat. 2692))) in each
State; bears to
‘‘(bb) the total square footage
of structurally deficient and func-
tionally obsolete bridges on prin-
cipal arterial routes (excluding
bridges 
on 
Interstate 
System
routes (other than bridges on toll
roads not subject to a Secretarial
agreement under section 105 of
the Federal-Aid Highway Act of
1978 (92 Stat. 2692))) in all
States.
‘‘(IV) 24 percent of the apportion-
ments in the ratio that—
HR 2400 EAS
‘‘(aa) the total diesel fuel
used on highways in each State;
bears to
‘‘(bb) the total diesel fuel
used on highways in all States.
‘‘(V) 9 percent of the apportion-
ments in the ratio that—
‘‘(aa) the quotient obtained
by dividing the total lane miles
on principal arterial highways in
each State by the total population
of the State; bears to
‘‘(bb) the quotient obtained
by dividing the total lane miles
on principal arterial highways in
all States by the total population
of all States.
‘‘(ii) DATA.—Each calculation under
clause (i) shall be based on the latest avail-
able data.
‘‘(D) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraphs (A) through (C), each
State shall receive a minimum of 1⁄2 of 1 percent
of the funds apportioned under this paragraph.
HR 2400 EAS
‘‘(2) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—
‘‘(A) IN
GENERAL.—For the congestion
mitigation and air quality improvement pro-
gram, in the ratio that—
‘‘(i) the total of all weighted nonattain-
ment and maintenance area populations in
each State; bears to
‘‘(ii) the total of all weighted non-
attainment and maintenance area popu-
lations in all States.
‘‘(B) CALCULATION
OF
WEIGHTED
NON-
ATTAINMENT
AND
MAINTENANCE
AREA
POPU-
LATION.—Subject to subparagraph (C), for the
purpose of subparagraph (A), the weighted non-
attainment and maintenance area population
shall be calculated by multiplying the population
of each area in a State that was a nonattain-
ment area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by
a factor of—
‘‘(i) 0.8 if—
‘‘(I) at the time of the apportion-
ment, the area is a maintenance area;
or
HR 2400 EAS
‘‘(II) at the time of the apportion-
ment, the area is classified as a sub-
marginal ozone nonattainment area
under the Clean Air Act (42 U.S.C.
7401 et seq.);
‘‘(ii) 1.0 if, at the time of the appor-
tionment, the area is classified as a mar-
ginal ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air
Act (42 U.S.C. 7511 et seq.);
‘‘(iii) 1.1 if, at the time of the appor-
tionment, the area is classified as a mod-
erate ozone nonattainment area under that
subpart;
‘‘(iv) 1.2 if, at the time of the appor-
tionment, the area is classified as a serious
ozone nonattainment area under that sub-
part;
‘‘(v) 1.3 if, at the time of the appor-
tionment, the area is classified as a severe
ozone nonattainment area under that sub-
part;
‘‘(vi) 1.4 if, at the time of the appor-
tionment, the area is classified as an ex-
HR 2400 EAS
treme ozone nonattainment area under that
subpart; or
‘‘(vii) 1.0 if, at the time of the appor-
tionment, the area is not a nonattainment
or maintenance area as described in section
149(b) for ozone, but is classified under sub-
part 3 of part D of title I of that Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for carbon
monoxide.
‘‘(C) ADDITIONAL
ADJUSTMENT
FOR
CAR-
BON MONOXIDE AREAS.—
‘‘(i) CARBON
MONOXIDE
NONATTAIN-
MENT AREAS.—If, in addition to being clas-
sified as a nonattainment or maintenance
area for ozone, the area was also classified
under subpart 3 of part D of title I of that
Act (42 U.S.C. 7512 et seq.) as a nonattain-
ment area described in section 149(b) for
carbon monoxide, the weighted nonattain-
ment or maintenance area population of the
area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be
further multiplied by a factor of 1.2.
HR 2400 EAS
‘‘(ii) CARBON MONOXIDE MAINTENANCE
AREAS.—If, in addition to being classified
as a nonattainment or maintenance area
for ozone, the area was at one time also
classified under subpart 3 of part D of title
I of that Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been re-
designated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as determined
under clauses (i) through (vi) of subpara-
graph (B), shall be further multiplied by a
factor of 1.1.
‘‘(D) MINIMUM APPORTIONMENT.—Notwith-
standing any other provision of this paragraph,
each State shall receive a minimum of 1⁄2 of 1
percent of the funds apportioned under this
paragraph.
‘‘(E) DETERMINATIONS OF POPULATION.—
In determining population figures for the pur-
poses of this paragraph, the Secretary shall use
the latest available annual estimates prepared by
the Secretary of Commerce.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
HR 2400 EAS
‘‘(A) IN GENERAL.—For the surface trans-
portation program, in accordance with the fol-
lowing formula:
‘‘(i) 20 percent of the apportionments
in the ratio that—
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears
to
‘‘(II) the total lane miles of Fed-
eral-aid highways in all States.
‘‘(ii) 30 percent of the apportionments
in the ratio that—
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways
in each State; bears to
‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways
in all States.
‘‘(iii) 25 percent of the apportionments
in the ratio that—
‘‘(I) the total square footage of
structurally deficient and functionally
obsolete bridges on Federal-aid high-
ways (excluding bridges described in
HR 2400 EAS
subparagraphs (B) and (C)(i)(III) of
paragraph (1)) in each State; bears to
‘‘(II) the total square footage of
structurally deficient and functionally
obsolete bridges on Federal-aid high-
ways (excluding bridges described in
subparagraphs (B) and (C)(i)(III) of
paragraph (1)) in all States.
‘‘(iv) 25 percent of the apportionments
in the ratio that—
‘‘(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust
Fund (other than the Mass Transit Ac-
count) in the latest fiscal year for
which data are available; bears to
‘‘(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust
Fund (other than the Mass Transit Ac-
count) in the latest fiscal year for
which data are available.
‘‘(B) DATA.—Each calculation under sub-
paragraph (A) shall be based on the latest avail-
able data.
HR 2400 EAS
‘‘(C) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), each State shall re-
ceive a minimum of 1⁄2 of 1 percent of the funds
apportioned under this paragraph.’’.
(b) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO
HIGHWAY TRUST FUND.—Section 104 of title 23, United
States Code, is amended by striking subsection (h) and in-
serting the following:
‘‘(h) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO
HIGHWAY TRUST FUND.—Notwithstanding any other pro-
vision of law, deposits into the Highway Trust Fund result-
ing from the application of section 901(e) of the Taxpayer
Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations
that any State shall be entitled to receive under the Inter-
modal Surface Transportation Efficiency Act of 1998 and
this title.’’.
(c) ISTEA TRANSITION.—
(1) IN GENERAL.—For each of fiscal years 1998
through 2003, the Secretary shall determine, with re-
spect to each State—
(A) the total apportionments for the fiscal
year under section 104 of title 23, United States
Code, for the Interstate and National Highway
System program, the surface transportation pro-
HR 2400 EAS
gram, metropolitan planning, and the congestion
mitigation and air quality improvement pro-
gram;
(B) the annual average of the total appor-
tionments during the period of fiscal years 1992
through 1997 for all Federal-aid highway pro-
grams (as defined in section 101 of title 23,
United States Code), excluding apportionments
for the Federal lands highways program under
section 204 of that title;
(C) the annual average of the total appor-
tionments during the period of fiscal years 1992
through 1997 for all Federal-aid highway pro-
grams (as defined in section 101 of title 23,
United States Code), excluding—
(i) apportionments authorized under
section 104 of that title for construction of
the Interstate System;
(ii) apportionments for the Interstate
substitute program under section 103(e)(4)
of that title (as in effect on the day before
the date of enactment of this Act);
(iii) apportionments for the Federal
lands highways program under section 204
of that title; and
HR 2400 EAS
(iv) adjustments to sums apportioned
under section 104 of that title due to the
hold harmless adjustment under section
1015(a) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C.
104 note; 105 Stat. 1943);
(D) the product obtained by multiplying—
(i) the annual average of the total ap-
portionments determined under subpara-
graph (B); by
(ii) the applicable percentage deter-
mined under paragraph (2); and
(E) the product obtained by multiplying—
(i) the annual average of the total ap-
portionments determined under subpara-
graph (C); by
(ii) the applicable percentage deter-
mined under paragraph (2).
(2) APPLICABLE PERCENTAGES.—
(A) FISCAL
YEAR
1998.—For fiscal year
1998—
(i) the applicable percentage referred to
in paragraph (1)(D)(ii) shall be 145 per-
cent; and
HR 2400 EAS
(ii) the applicable percentage referred
to in paragraph (1)(E)(ii) shall be 107 per-
cent.
(B) FISCAL YEARS THEREAFTER.—For each
of fiscal years 1999 through 2003, the applicable
percentage referred to in paragraph (1)(D)(ii) or
(1)(E)(ii), respectively, shall be a percentage
equal to the product obtained by multiplying—
(i) the percentage specified in clause
(i) or (ii), respectively, of subparagraph
(A); by
(ii) the percentage that—
(I) the total contract authority
made available under this Act and title
23, United States Code, for Federal-aid
highway programs for the fiscal year;
bears to
(II) the total contract authority
made available under this Act and title
23, United States Code, for Federal-aid
highway programs for fiscal year 1998.
(3) MAXIMUM TRANSITION.—
(A) IN GENERAL.—For each of fiscal years
1998 through 2003, in the case of each State
with respect to which the total apportionments
HR 2400 EAS
determined under paragraph (1)(A) is greater
than the product determined under paragraph
(1)(D), the Secretary shall reduce proportion-
ately the apportionments to the State under sec-
tion 104 of title 23, United States Code, for the
National Highway System component of the
Interstate and National Highway System pro-
gram, the surface transportation program, and
the congestion mitigation and air quality im-
provement program so that the total of the ap-
portionments is equal to the product determined
under paragraph (1)(D).
(B) REDISTRIBUTION OF FUNDS.—
(i) IN
GENERAL.—Subject to clause
(ii), funds made available under subpara-
graph (A) shall be redistributed proportion-
ately under section 104 of title 23, United
States Code, for the Interstate and National
Highway System program, the surface
transportation program, and the congestion
mitigation and air quality improvement
program, to States not subject to a reduc-
tion under subparagraph (A).
(ii) LIMITATION.—The ratio that—
HR 2400 EAS
(I) the total apportionments to a
State under section 104 of title 23,
United States Code, for the Interstate
and National Highway System pro-
gram, the surface transportation pro-
gram, metropolitan planning, and the
congestion mitigation and air quality
improvement program, after the appli-
cation of clause (i); bears to
(II) the annual average of the
total apportionments determined under
paragraph (1)(B) with respect to the
State;
may not exceed, in the case of fiscal year
1998, 145 percent, and, in the case of each
of fiscal years 1999 through 2003, 145 per-
cent as adjusted in the manner described in
paragraph (2)(B).
(4) MINIMUM TRANSITION.—
(A) IN GENERAL.—For each of fiscal years
1998 through 2003, the Secretary shall apportion
to each State such additional amounts as are
necessary to ensure that—
(i) the total apportionments to the
State under section 104 of title 23, United
HR 2400 EAS
States Code, for the Interstate and National
Highway System program, the surface
transportation program, metropolitan plan-
ning, and the congestion mitigation and air
quality improvement program, after the ap-
plication of paragraph (3); is equal to
(ii) the greater of—
(I) the product determined with
respect to the State under paragraph
(1)(E); or
(II) the total apportionments to
the State for fiscal year 1997 for all
Federal-aid highway programs, exclud-
ing—
(aa) apportionments for the
Federal lands highways program
under section 204 of title 23,
United States Code;
(bb) adjustments to sums ap-
portioned under section 104 of
that title due to the hold harmless
adjustment under section 1015(a)
of the Intermodal Surface Trans-
portation Efficiency Act of 1991
HR 2400 EAS
(23 U.S.C. 104 note; 105 Stat.
1943); and
(cc) demonstration projects
under the Intermodal Surface
Transportation Efficiency Act of
1991 (Public Law 102–240).
(B) OBLIGATION.—Amounts apportioned
under subparagraph (A)—
(i) shall be considered to be sums made
available for expenditure on the surface
transportation program, except that—
(I) the amounts shall not be sub-
ject to paragraphs (1) and (2) of sec-
tion 133(d) of title 23, United States
Code; and
(II) 50 percent of the amounts
shall be subject to section 133(d)(3) of
that title;
(ii) shall be available for any purpose
eligible for funding under section 133 of
that title; and
(iii) shall remain available for obliga-
tion for a period of 3 years after the last
day of the fiscal year for which the amounts
are apportioned.
HR 2400 EAS
‘‘(I) under section 104 for the
Interstate and National Highway Sys-
tem program, the surface transpor-
tation program, metropolitan plan-
ning, and the congestion mitigation
and air quality improvement program;
and
‘‘(II) under this section and sec-
tion 1102(c) of the Intermodal Surface
Transportation Efficiency Act of 1998
for ISTEA transition; bears to
‘‘(ii) each State’s percentage of esti-
mated tax payments attributable to high-
way users in the State paid into the High-
way Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for
which data are available;
is not less than 0.90; and
‘‘(B) in the case of a State specified in
paragraph (2), the State’s percentage of the total
apportionments for the fiscal year described in
subclauses (I) and (II) of subparagraph (A)(i)
is—
‘‘(i) not less than the percentage speci-
fied for the State in paragraph (2); but
HR 2400 EAS
‘‘(ii) not greater than the product de-
termined for the State under section
1102(c)(1)(D) of the Intermodal Surface
Transportation Efficiency Act of 1998 for
the fiscal year.
‘‘(2) STATE PERCENTAGES.—The percentage re-
ferred to in paragraph (1)(B) for a specified State
shall be determined in accordance with the following
table:
‘‘State
Percentage
Alaska .....................................................................................
1.24
Arkansas .................................................................................
1.33
Delaware ................................................................................
0.47
Hawaii ...................................................................................
0.55
Idaho .......................................................................................
0.82
Montana .................................................................................
1.06
Nevada ....................................................................................
0.73
New Hampshire .....................................................................
0.52
New Jersey .............................................................................
2.41
New Mexico ............................................................................
1.05
North Dakota .........................................................................
0.73
Rhode Island ..........................................................................
0.58
South Dakota .........................................................................
0.78
Vermont ..................................................................................
0.47
Wyoming ................................................................................
0.76.
‘‘(b) TREATMENT OF ALLOCATIONS.—
‘‘(1) OBLIGATION.—Amounts allocated under
subsection (a)—
‘‘(A) shall be available for obligation when
allocated and shall remain available for obliga-
tion for a period of 3 years after the last day of
the fiscal year for which the amounts are allo-
cated; and
HR 2400 EAS
‘‘(B) shall be available for any purpose eli-
gible for funding under this title.
‘‘(2) SET-ASIDE.—Fifty percent of the amounts
allocated under subsection (a) shall be subject to sec-
tion 133(d)(3).
‘‘(c) TREATMENT OF WITHHELD APPORTIONMENTS.—
For the purpose of subsection (a), any funds that, but for
section 158(b) or any other provision of law under which
Federal-aid highway funds are withheld from apportion-
ment, would be apportioned to a State for a fiscal year
under a section referred to in subsection (a) shall be treated
as being apportioned in that fiscal year.
‘‘(d) AUTHORIZATION OF CONTRACT AUTHORITY.—
There shall be available from the Highway Trust Fund
(other than the Mass Transit Account) such sums as are
necessary to carry out this section.’’.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended
by striking the item relating to section 105 and in-
serting the following:
‘‘105. Minimum guarantee.’’.
(e) AUDITS OF HIGHWAY TRUST FUND.—Section 104
of title 23, United States Code, is amended by striking sub-
section (i) and inserting the following:
‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From avail-
able administrative funds deducted under subsection (a),
HR 2400 EAS
the Secretary may reimburse the Office of Inspector General
of the Department of Transportation for the conduct of an-
nual audits of financial statements in accordance with sec-
tion 3521 of title 31.’’.
(f) TECHNICAL AMENDMENTS.—Section 104 of title 23,
United States Code, is amended—
(1) in subsection (e)—
(A) 
by 
inserting 
‘‘NOTIFICATION
TO
STATES.—’’ after ‘‘(e)’’;
(B) in the first sentence—
(i) by striking ‘‘(other than under sub-
section (b)(5) of this section)’’; and
(ii) by striking ‘‘and research’’;
(C) by striking the second sentence; and
(D) in the last sentence, by striking ‘‘, ex-
cept that’’ and all that follows through ‘‘such
funds’’; and
(2) in subsection (f)—
(A) by striking ‘‘(f)(1) On’’ and inserting
the following:
‘‘(f) METROPOLITAN PLANNING.—
‘‘(1) SET-ASIDE.—On’’;
(B) by striking ‘‘(2) These’’ and inserting
the following:
HR 2400 EAS
‘‘(2) APPORTIONMENT TO STATES OF SET-ASIDE
FUNDS.—These’’;
(C) by striking ‘‘(3) The’’ and inserting the
following:
‘‘(3) USE OF FUNDS.—The’’; and
(D) by striking ‘‘(4) The’’ and inserting the
following:
‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.—
The’’.
(g) CONFORMING AMENDMENTS.—
(1) Section 146(a) of title 23, United States
Code, is amended in the first sentence by striking ‘‘,
104(b)(2), and 104(b)(6)’’ and inserting ‘‘and
104(b)(3)’’.
(2)(A) Section 150 of title 23, United States
Code, is repealed.
(B) The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating
to section 150.
(3) Section 158 of title 23, United States Code,
is amended—
(A) in subsection (a)—
(i) by striking paragraph (1);
HR 2400 EAS
(ii) by redesignating paragraphs (2)
and (3) as paragraphs (1) and (2), respec-
tively;
(iii) in paragraph (1) (as so redesig-
nated)—
(I) by striking ‘‘AFTER THE FIRST
YEAR’’ and inserting ‘‘IN GENERAL’’;
and
(II) by striking ‘‘, 104(b)(2),
104(b)(5), and 104(b)(6)’’ and insert-
ing ‘‘and 104(b)(3)’’; and
(iv) in paragraph (2) (as redesignated
by clause (ii)), by striking ‘‘paragraphs (1)
and (2) of this subsection’’ and inserting
‘‘paragraph (1)’’; and
(B) by striking subsection (b) and inserting
the following:
‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No funds
withheld under this section from apportionment to any
State after September 30, 1988, shall be available for appor-
tionment to that State.’’.
(4)(A) Section 157 of title 23, United States
Code, is repealed.
HR 2400 EAS
(B) The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating
to section 157.
(5)(A) Section 115(b)(1) of title 23, United
States Code, is amended by striking ‘‘or 104(b)(5), as
the case may be,’’.
(B) 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)(1)’’.
(C) Section 141(c) of title 23, United States
Code, is amended by striking ‘‘section 104(b)(5) of
this title’’ each place it appears and inserting ‘‘sec-
tion 104(b)(1)(A)’’.
(D) Section 142(c) of title 23, United States
Code, is amended by striking ‘‘(other than section
104(b)(5)(A))’’.
(E) Section 159 of title 23, United States Code,
is amended—
(i) by striking ‘‘(5) of’’ each place it ap-
pears and inserting ‘‘(5) (as in effect on the day
before the date of enactment of the Intermodal
Surface Transportation Efficiency Act of 1998)
of’’; and
(ii) in subsection (b)—
HR 2400 EAS
(I) in paragraphs (1)(A)(i) and (3)(A),
by striking ‘‘section 104(b)(5)(A)’’ each
place it appears and inserting ‘‘section
104(b)(5)(A) (as in effect on the day before
the date of enactment of the Intermodal
Surface Transportation Efficiency Act of
1998)’’;
(II) in paragraph (1)(A)(ii), by strik-
ing ‘‘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
Intermodal Surface Transportation Effi-
ciency Act of 1998)’’;
(III) in paragraph (3)(B), by striking
‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in effect
on the day before the date of enactment of
the Intermodal Surface Transportation Ef-
ficiency Act of 1998)’’; and
(IV) in paragraphs (3) and (4), by
striking ‘‘section 104(b)(5)’’ each place it
appears and inserting ‘‘section 104(b)(5)
(as in effect on the day before the date of en-
actment of the Intermodal Surface Trans-
portation Efficiency Act of 1998)’’.
HR 2400 EAS
(F) 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)’’.
(6)(A) Section 104(g) of title 23, United States
Code, is amended—
(i) in the first sentence, by striking ‘‘sec-
tions 130, 144, and 152 of this title’’ and insert-
ing ‘‘subsection (b)(1)(B) and sections 130 and
152’’;
(ii) in the first and second sentences—
(I) by striking ‘‘section’’ and inserting
‘‘provision’’; and
(II) by striking ‘‘such sections’’ and in-
serting ‘‘those provisions’’; and
(iii) in the third sentence—
(I) by striking ‘‘section 144’’ and in-
serting ‘‘subsection (b)(1)(B)’’; and
(II) by striking ‘‘subsection (b)(1)’’
and inserting ‘‘subsection (b)(1)(C)’’.
(B) Section 115 of title 23, United States Code,
is amended—
(i) in subsection (a)(1)(A)(i), by striking
‘‘104(b)(2), 104(b)(3), 104(f), 144,’’ and insert-
HR 2400 EAS
ing ‘‘104(b)(1)(B), 104(b)(2), 104(b)(3), 104(f),’’;
and
(ii) in subsection (c), by striking ‘‘144,,’’.
(C) Section 120(e) of title 23, United States
Code, is amended in the last sentence by striking
‘‘and in section 144 of this title’’.
(D) Section 151(d) of title 23, United States
Code, is amended by striking ‘‘section 104(a), section
307(a), and section 144 of this title’’ and inserting
‘‘subsections (a) and (b)(1)(B) of section 104 and sec-
tion 307(a)’’.
(E) Section 204(c) of title 23, United States
Code, is amended in the first sentence by striking ‘‘or
section 144 of this title’’.
(F) Section 303(g) of title 23, United States
Code, is amended by striking ‘‘section 144 of this
title’’ and inserting ‘‘section 104(b)(1)(B)’’.
(7) Section 142(b) of title 23, United States
Code, is amended by striking ‘‘paragraph (5) of sub-
section (b) of section 104 of this title’’ and inserting
‘‘section 104(b)(1)(A)’’.
(8) Section 152(e) of title 23, United States
Code, is amended in the second sentence by striking
‘‘section 104(b)(1)’’ and inserting ‘‘section 104(b)’’.
HR 2400 EAS
SEC. 1103. OBLIGATION CEILING.
(a) GENERAL LIMITATIONS.—Subject to the other pro-
visions of this section and notwithstanding any other provi-
sion of law, the total amount of all obligations for Federal-
aid highways and highway safety construction programs
shall not exceed—
(1) $21,500,000,000 for fiscal year 1998;
(2) $28,462,000,000 for fiscal year 1999;
(3) $28,894,000,000 for fiscal year 2000;
(4) $29,334,000,000 for fiscal year 2001;
(5) $29,800,000,000 for fiscal year 2002; and
(6) $30,319,000,000 for fiscal year 2003.
(b) EXCEPTIONS.—
(1) IN GENERAL.—The limitations under sub-
section (a) shall not apply to obligations of funds
under—
(A) section 105(a) of title 23, United States
Code (but, for each of fiscal years 1998 through
2007, only in an amount equal to the amount
included for section 157 of title 23, United States
Code, in the baseline determined by the Congres-
sional Budget Office for the fiscal year 1998
budget (as specified in the letter from the Direc-
tor of the Congressional Budget Office to the
Chairman of the Senate Committee on Environ-
ment and Public Works, dated March 12, 1998)),
HR 2400 EAS
excluding 
amounts 
allocated 
under 
section
105(a)(1)(B) of that title;
(B) section 125 of that title;
(C) section 157 of that title (as in effect on
the day before the date of enactment of this Act);
(D) section 147 of the Surface Transpor-
tation Assistance Act of 1978 (23 U.S.C. 144
note; 92 Stat. 2714);
(E) section 9 of the Federal-Aid Highway
Act of 1981 (95 Stat. 1701);
(F) subsections (b) and (j) of section 131 of
the Surface Transportation Assistance Act of
1982 (96 Stat. 2119);
(G) subsections (b) and (c) of section 149 of
the Surface Transportation and Uniform Reloca-
tion Assistance Act of 1987 (101 Stat. 198); and
(H) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of
1991 (105 Stat. 2027).
(2) EFFECT OF OTHER LAW.—A provision of law
establishing a limitation on obligations for Federal-
aid highways and highway safety construction pro-
grams may not amend or limit the applicability of
this subsection, unless the provision specifically
amends or limits that applicability.
HR 2400 EAS
(c) APPLICABILITY TO TRANSPORTATION RESEARCH
PROGRAMS.—Obligation limitations for Federal-aid high-
ways and highway safety construction programs established
by subsection (a) shall apply to transportation research
programs carried out under chapter 5 of title 23, United
States Code.
(d) OBLIGATION AUTHORITY.—Section 118 of title 23,
United States Code, is amended by adding at the end the
following:
‘‘(g) OBLIGATION AUTHORITY.—
‘‘(1) DISTRIBUTION.—For each fiscal year, the
Secretary shall—
‘‘(A) distribute the total amount of obliga-
tion authority for Federal-aid highways and
highway safety construction programs made
available for the fiscal year by allocation in the
ratio that—
‘‘(i) the total of the sums made avail-
able for Federal-aid highways and highway
safety construction programs (excluding
demonstration projects) that are appor-
tioned or allocated to each State for the fis-
cal year; bears to
‘‘(ii) the total of the sums made avail-
able for Federal-aid highways and highway
HR 2400 EAS
safety construction programs (excluding
demonstration projects) that are appor-
tioned or allocated to all States for the fis-
cal year;
‘‘(B) provide all States with authority suffi-
cient to prevent lapses of sums made available
for Federal-aid highways that have been appor-
tioned to a State; and
‘‘(C) notwithstanding subparagraphs (A)
and (B), not distribute—
‘‘(i) amounts deducted under section
104(a) for administrative expenses;
‘‘(ii) amounts set aside under section
104(k) for Interstate 4R and bridge projects;
‘‘(iii) amounts made available under
sections 143, 164, 165, 204, 206, 207, and
322;
‘‘(iv) amounts made available under
section 111 of title 49;
‘‘(v) amounts made available under
section 201 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.);
‘‘(vi) amounts made available under
section 1012(b) of the Intermodal Surface
HR 2400 EAS
Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938);
‘‘(vii) amounts made available under
sections 1503, 1603, and 1604 of the Inter-
modal Surface Transportation Efficiency
Act of 1998;
‘‘(viii) amounts made available under
section 149(d) of the Surface Transpor-
tation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 201);
‘‘(ix) amounts made available under
section 105(a)(1)(A) to the extent that the
amounts are subject to any obligation limi-
tation under section 1103(a) of the Inter-
modal Surface Transportation Efficiency
Act of 1998;
‘‘(x) amounts made available for im-
plementation of programs under chapter 5
of this title and sections 5222, 5232, and
5241 of title 49;
‘‘(xi) amounts set aside under section
104(d) for operation lifesaver and railway-
highway crossing hazard elimination in
high speed rail corridors; and
HR 2400 EAS
‘‘(xii) amounts made available under
section 412 of the Woodrow Wilson Memo-
rial Bridge Authority Act of 1995.
‘‘(xiii) amounts set aside under section
1133.
‘‘(2) REDISTRIBUTION.—Notwithstanding para-
graph (1), the Secretary shall, after August 1 of each
of fiscal years 1998 through 2003—
‘‘(A) revise a distribution of the funds made
available under paragraph (1) for the fiscal year
if a State will not obligate the amount distrib-
uted during the fiscal year; and
‘‘(B) redistribute sufficient amounts to those
States able to obligate amounts in addition to
the amounts previously distributed during the
fiscal year, giving priority to those States that
have large unobligated balances of funds appor-
tioned under section 104 and under section 144
(as in effect on the day before the date of enact-
ment of this subparagraph).
‘‘(3) DEMONSTRATION PROJECTS.—
‘‘(A) APPLICABILITY OF OBLIGATION LIMI-
TATIONS.—Notwithstanding any other provision
of law, a demonstration project shall be subject
to any limitation on obligations established by
HR 2400 EAS
law that applies to Federal-aid highways and
highway safety construction programs.
‘‘(B) MAXIMUM
OBLIGATION
LEVEL.—For
each fiscal year, a State may obligate for dem-
onstration projects an amount of the obligation
authority for Federal-aid highways and highway
safety construction programs made available to
the State for the fiscal year that is not more
than the product obtained by multiplying—
‘‘(i) the total of the sums made avail-
able for demonstration projects in the State
for the fiscal year; by
‘‘(ii) the ratio that—
‘‘(I) the total amount of the obli-
gation authority for Federal-aid high-
ways and highway safety construction
programs 
(including 
demonstration
projects) made available to the State
for the fiscal year; bears to
‘‘(II) the total of the sums made
available for Federal-aid highways and
highway safety construction programs
(including demonstration projects) that
are apportioned or allocated to the
State for the fiscal year.
HR 2400 EAS
‘‘(4) 
DEFINITION
OF
DEMONSTRATION
PROJECT.—In this subsection, the term ‘demonstra-
tion project’ means a demonstration project or simi-
lar project (including any project similar to a project
authorized under any of sections 1103 through 1108
of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2027)) that is funded from the
Highway Trust Fund (other than the Mass Transit
Account) and authorized under—
‘‘(A) the Intermodal Surface Transportation
Efficiency Act of 1998; or
‘‘(B) any law enacted after the date of en-
actment of that Act.’’.
(e) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of
law, the total amount of all obligations under section 104(a)
of title 23, United States Code, shall not exceed—
(1) $301,725,000 for fiscal year 1999;
(2) $302,055,000 for fiscal year 2000;
(3) $303,480,000 for fiscal year 2001;
(4) $310,470,000 for fiscal year 2002; and
(5) $320,595,000 for fiscal year 2003.
(f) APPLICABILITY OF OBLIGATION LIMITATIONS.—An
obligation limitation established by a provision of any other
HR 2400 EAS
‘‘(B) the ratio that—
‘‘(i) the aggregate amount of obligation
authority distributed to the State for Fed-
eral-aid highways and highway safety con-
struction programs during the period; bears
to
‘‘(ii) the total of the sums apportioned
to the State for Federal-aid highways and
highway safety construction programs (ex-
cluding sums not subject to an obligation
limitation) during the period.
‘‘(2) JOINT RESPONSIBILITY.—Each State, each
affected metropolitan planning organization, and the
Secretary shall jointly ensure compliance with para-
graph (1).’’.
SEC. 1105. EMERGENCY RELIEF.
(a) FEDERAL SHARE.—Section 120(e) of title 23,
United States Code, is amended in the first sentence by
striking ‘‘highway system’’ and inserting ‘‘highway’’.
(b) ELIGIBILITY AND FUNDING.—Section 125 of title
23, United States Code, is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), and (d)
as subsections (d), (e), and (f), respectively;
HR 2400 EAS
(3) by inserting after the section heading the fol-
lowing:
‘‘(a) GENERAL ELIGIBILITY.—Subject to this section
and section 120, an emergency fund is authorized for ex-
penditure by the Secretary for the repair or reconstruction
of highways, roads, and trails, in any part of the United
States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of—
‘‘(1) natural disaster over a wide area, such as
by a flood, hurricane, tidal wave, earthquake, severe
storm, or landslide; or
‘‘(2) catastrophic failure from any external
cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event shall
funds be used pursuant to this section for the repair or re-
construction of bridges that have been permanently closed
to all vehicular traffic by the State or responsible local offi-
cial because of imminent danger of collapse due to a struc-
tural deficiency or physical deterioration.
‘‘(c) FUNDING.—Subject to the following limitations,
there are hereby made available from the Highway Trust
Fund (other than the Mass Transit Account) such sums as
may be necessary to establish the fund authorized by this
section and to replenish it on an annual basis:
HR 2400 EAS
‘‘(1) Not more than $100,000,000 is authorized
to be obligated in any 1 fiscal year commencing after
September 30, 1980, to carry out the provisions of
this section, except that, if in any fiscal year the total
of all obligations under this section is less than the
amount authorized to be obligated in such fiscal year,
the unobligated balance of such amount shall remain
available until expended and shall be in addition to
amounts otherwise available to carry out this section
each year.
‘‘(2) Pending such appropriation or replenish-
ment, the Secretary may obligate from any funds
heretofore or hereafter appropriated for obligation in
accordance with this title, including existing Federal-
aid appropriations, such sums as may be necessary
for the immediate prosecution of the work herein au-
thorized, provided that such funds are reimbursed
from the appropriations authorized in paragraph (1)
of this subsection when such appropriations are
made.’’;
(4) in subsection (d) (as so redesignated), by
striking ‘‘subsection (c)’’ both places it appears and
inserting ‘‘subsection (e)’’; and
HR 2400 EAS
(5) in subsection (e) (as so redesignated), by
striking ‘‘on any of the Federal-aid highway systems’’
and inserting ‘‘Federal-aid highways’’.
(c) SAN MATEO COUNTY, CALIFORNIA.—Notwithstand-
ing any other provision of law, a project to repair or recon-
struct any portion of a Federal-aid primary route in San
Mateo County, California, that—
(1) was destroyed as a result of a combination
of storms in the winter of 1982–1983 and a mountain
slide; and
(2) until its destruction, served as the only rea-
sonable access route between 2 cities and as the des-
ignated emergency evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title
23, United States Code, if the project complies with the local
coastal plan.
SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL SHARE PAYABLE.—Section 120 of title
23, United States Code, is amended by adding at the end
the following:
‘‘(j) USE OF FEDERAL LAND MANAGEMENT AGENCY
FUNDS.—Notwithstanding any other provision of law, the
funds appropriated to any Federal land management agen-
cy may be used to pay the non-Federal share of the cost
HR 2400 EAS
of any Federal-aid highway project the Federal share of
which is funded under section 104.
‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM
FUNDS.—Notwithstanding any other provision of law, the
funds made available to carry out the Federal lands high-
ways program under section 204 may be used to pay the
non-Federal share of the cost of any project that is funded
under section 104 and that provides access to or within
Federal or Indian lands.’’.
(b) AVAILABILITY OF FUNDS.—Section 203 of title 23,
United States Code, is amended by adding at the end the
following: ‘‘Notwithstanding any other provision of law, the
authorization by the Secretary of engineering and related
work for a Federal lands highways program project, or the
approval by the Secretary of plans, specifications, and esti-
mates for construction of a Federal lands highways pro-
gram project, shall be deemed to constitute a contractual
obligation of the Federal Government to pay the Federal
share of the cost of the project.’’.
(c) PLANNING AND AGENCY COORDINATION.—Section
204 of title 23, United States Code, is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) ESTABLISHMENT.—
HR 2400 EAS
‘‘(1) IN GENERAL.—Recognizing the need for all
Federal roads that are public roads to be treated
under uniform policies similar to the policies that
apply to Federal-aid highways, there is established a
coordinated Federal lands highways program that
shall apply to public lands highways, park roads and
parkways, and Indian reservation roads and bridges.
‘‘(2) 
TRANSPORTATION
PLANNING
PROCE-
DURES.—In consultation with the Secretary of each
appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation plan-
ning procedures that are consistent with the metro-
politan and statewide planning processes required
under sections 134 and 135.
‘‘(3) APPROVAL OF TRANSPORTATION IMPROVE-
MENT
PROGRAM.—The transportation improvement
program developed as a part of the transportation
planning process under this section shall be approved
by the Secretary.
‘‘(4) INCLUSION IN OTHER PLANS.—All region-
ally significant Federal lands highways program
projects—
‘‘(A) shall be developed in cooperation with
States and metropolitan planning organizations;
and
HR 2400 EAS
‘‘(B) shall be included in appropriate Fed-
eral lands highways program, State, and metro-
politan plans and transportation improvement
programs.
‘‘(5) INCLUSION IN STATE PROGRAMS.—The ap-
proved Federal lands highways program transpor-
tation improvement program shall be included in ap-
propriate State and metropolitan planning organiza-
tion plans and programs without further action on
the transportation improvement program.
‘‘(6) DEVELOPMENT
OF
SYSTEMS.—The Sec-
retary and the Secretary of each appropriate Federal
land management agency shall, to the extent appro-
priate, develop by rule safety, bridge, pavement, and
congestion management systems for roads funded
under the Federal lands highways program.’’;
(2) in subsection (b), by striking the first 3 sen-
tences and inserting the following: ‘‘Funds available
for public lands highways, park roads and parkways,
and Indian reservation roads shall be used by the
Secretary and the Secretary of the appropriate Fed-
eral land management agency to pay for the cost of
transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or
of transit facilities within public lands, national
HR 2400 EAS
to pay necessary administrative costs of the agency in
connection with public lands highways.
‘‘(2) TRANSPORTATION
PLANNING
COSTS.—The
Secretary shall transfer to the appropriate Federal
land management agency from amounts made avail-
able for public lands highways such amounts as are
necessary to pay the cost to the agency to conduct nec-
essary transportation planning for Federal lands, if
funding for the planning is not otherwise provided
under this section.’’; and
(6) in subsection (j), by striking the second sen-
tence and inserting the following: ‘‘The Indian tribal
government, in cooperation with the Secretary of the
Interior, and as appropriate, with a State, local gov-
ernment, or metropolitan planning organization,
shall carry out a transportation planning process in
accordance with subsection (a).’’.
SEC. 1107. RECREATIONAL TRAILS PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United States
Code, is amended by inserting after section 205 the follow-
ing:
‘‘§ 206. Recreational trails program
‘‘(a) DEFINITIONS.—
‘‘(1) MOTORIZED RECREATION.—The term ‘mo-
torized recreation’ means off-road recreation using
HR 2400 EAS
any motor-powered vehicle, except for a motorized
wheelchair.
‘‘(2) RECREATIONAL
TRAIL; TRAIL.—The term
‘recreational trail’ or ‘trail’ means a thoroughfare or
track across land or snow, used for recreational pur-
poses such as—
‘‘(A) pedestrian activities, including wheel-
chair use;
‘‘(B) skating or skateboarding;
‘‘(C) equestrian activities, including car-
riage driving;
‘‘(D) nonmotorized snow trail activities, in-
cluding skiing;
‘‘(E) bicycling or use of other human-pow-
ered vehicles;
‘‘(F) aquatic or water activities; and
‘‘(G) motorized vehicular activities, includ-
ing all-terrain vehicle riding, motorcycling,
snowmobiling, use of off-road light trucks, or use
of other off-road motorized vehicles.
‘‘(b) PROGRAM.—In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program
to provide and maintain recreational trails (referred to in
this section as the ‘program’).
HR 2400 EAS
‘‘(c) STATE RESPONSIBILITIES.—To be eligible for ap-
portionments under this section—
‘‘(1) a State may use apportionments received
under this section for construction of new trails cross-
ing Federal lands only if the construction is—
‘‘(A) permissible under other law;
‘‘(B) necessary and required by a statewide
comprehensive outdoor recreation plan required
by the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–4 et seq.);
‘‘(C) approved by the administering agency
of the State designated under paragraph (2); and
‘‘(D) approved by each Federal agency
charged with management of the affected lands,
which approval shall be contingent on compli-
ance by the Federal agency with all applicable
laws, including the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), the For-
est and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1600 et seq.), and
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
‘‘(2) the Governor of a State shall designate the
State agency or agencies that will be responsible for
HR 2400 EAS
administering apportionments received under this sec-
tion; and
‘‘(3) the State shall establish within the State a
State trail advisory committee that represents both
motorized and nonmotorized trail users.
‘‘(d) USE OF APPORTIONED FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under
this section shall be obligated for trails and trail-re-
lated projects that—
‘‘(A) have been planned and developed
under the laws, policies, and administrative pro-
cedures of each State; and
‘‘(B) are identified in, or further a specific
goal of, a trail plan or trail plan element in-
cluded or referenced in a metropolitan transpor-
tation plan required under section 134 or a
statewide transportation plan required under
section 135, consistent with the statewide com-
prehensive outdoor recreation plan required by
the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–4 et seq.).
‘‘(2) PERMISSIBLE
USES.—Permissible uses of
funds made available under this section include—
‘‘(A) maintenance and restoration of exist-
ing trails;
HR 2400 EAS
‘‘(B) development and rehabilitation of
trailside and trailhead facilities and trail link-
ages;
‘‘(C) purchase and lease of trail construc-
tion and maintenance equipment;
‘‘(D) construction of new trails;
‘‘(E) acquisition of easements and fee sim-
ple title to property for trails or trail corridors;
‘‘(F) payment of costs to the State incurred
in administering the program, but in an amount
not to exceed 7 percent of the apportionment re-
ceived by the State for a fiscal year; and
‘‘(G) operation of educational programs to
promote safety and environmental protection as
these objectives relate to the use of trails.
‘‘(3) USE OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B), (C), and (D), of the appor-
tionments received for a fiscal year by a State
under this section—
‘‘(i) 40 percent shall be used for trail
or trail-related projects that facilitate di-
verse recreational trail use within a trail
corridor, trailside, or trailhead, regardless
of whether the project is for diverse motor-
HR 2400 EAS
ized use, for diverse nonmotorized use, or to
accommodate both motorized and non-
motorized recreational trail use;
‘‘(ii) 30 percent shall be used for uses
relating to motorized recreation; and
‘‘(iii) 30 percent shall be used for uses
relating to nonmotorized recreation.
‘‘(B) SMALL STATE EXCLUSION.—Any State
with a total land area of less than 3,500,000
acres, and in which nonhighway recreational
fuel use accounts for less than 1 percent of all
such fuel use in the United States, shall be ex-
empted from the requirements of subparagraph
(A) upon application to the Secretary by the
State demonstrating that the State meets the
conditions of this subparagraph.
‘‘(C) WAIVER
AUTHORITY.—Upon the re-
quest of a State trail advisory committee estab-
lished under subsection (c)(3), the Secretary may
waive, in whole or in part, the requirements of
subparagraph (A) with respect to the State if the
State certifies to the Secretary that the State
does not have sufficient projects to meet the re-
quirements of subparagraph (A).
HR 2400 EAS
‘‘(D) STATE ADMINISTRATIVE COSTS.—State
administrative costs eligible for funding under
paragraph (2)(F) shall be exempt from the re-
quirements of subparagraph (A).
‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—To
the extent practicable and consistent with the other require-
ments of this section, a State should give consideration to
project proposals that provide for the redesign, reconstruc-
tion, nonroutine maintenance, or relocation of trails to ben-
efit the natural environment or to mitigate and minimize
the impact to the natural environment.
‘‘(f) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to the other provi-
sions of this subsection, the Federal share of the cost
of a project under this section shall not exceed 80 per-
cent.
‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Not-
withstanding any other provision of law, a Federal
agency that sponsors a project under this section may
contribute additional Federal funds toward the cost of
a project, except that—
‘‘(A) the share attributable to the Secretary
of Transportation may not exceed 80 percent;
and
HR 2400 EAS
‘‘(B) the share attributable to the Secretary
and the Federal agency jointly may not exceed
95 percent.
‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMS
TO PROVIDE NON-FEDERAL SHARE.—Notwithstanding
any other provision of law, amounts made available
by the Federal Government under any Federal pro-
gram that are—
‘‘(A) expended in accordance with the re-
quirements of the Federal program relating to
activities funded and populations served; and
‘‘(B) expended on a project that is eligible
for assistance under this section;
may be credited toward the non-Federal share of the
cost of the project.
‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A
State may allow adjustments to the non-Federal share
of an individual project under this section if the Fed-
eral share of the cost of all projects carried out by the
State under the program (excluding projects funded
under paragraph (2) or (3)) using funds apportioned
to the State for a fiscal year does not exceed 80 per-
cent.
‘‘(5) STATE ADMINISTRATIVE COSTS.—The Fed-
eral share of the administrative costs of a State under
HR 2400 EAS
this subsection shall be determined in accordance with
section 120(b).
‘‘(g) USES NOT PERMITTED.—A State may not obli-
gate funds apportioned under this section for—
‘‘(1) condemnation of any kind of interest in
property;
‘‘(2) construction of any recreational trail on
National Forest System land for any motorized use
unless—
‘‘(A) the land has been apportioned for uses
other than wilderness by an approved forest land
and resource management plan or has been re-
leased to uses other than wilderness by an Act of
Congress; and
‘‘(B) the construction is otherwise consistent
with the management direction in the approved
forest land and resource management plan;
‘‘(3) construction of any recreational trail on
Bureau of Land Management land for any motorized
use unless the land—
‘‘(A) has been apportioned for uses other
than wilderness by an approved Bureau of Land
Management resource management plan or has
been released to uses other than wilderness by an
Act of Congress; and
HR 2400 EAS
‘‘(B) the construction is otherwise consistent
with the management direction in the approved
management plan; or
‘‘(4) upgrading, expanding, or otherwise facili-
tating motorized use or access to trails predominantly
used by nonmotorized trail users and on which, as of
May 1, 1991, motorized use is prohibited or has not
occurred.
‘‘(h) PROJECT ADMINISTRATION.—
‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MATE-
RIALS, SERVICES, OR NEW RIGHT-OF-WAY.—
‘‘(A) IN GENERAL.—Nothing in this title or
other law shall prevent a project sponsor from of-
fering to donate funds, materials, services, or a
new right-of-way for the purposes of a project el-
igible for assistance under this section. 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 accordance with subsection
(f).
‘‘(B) FEDERAL PROJECT SPONSORS.—Any
funds or the fair market value of any materials
or services may be provided by a Federal project
HR 2400 EAS
sponsor and shall be credited to the Federal
agency’s share in accordance with subsection (f).
‘‘(2) RECREATIONAL PURPOSE.—A project fund-
ed under this section is intended to enhance rec-
reational opportunity and is not subject to section
138 of this title or section 303 of title 49.
‘‘(3) CONTINUING RECREATIONAL USE.—At the
option of each State, funds made available under this
section may be treated as Land and Water Conserva-
tion Fund apportionments for the purposes of section
6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–8(f)(3)).
‘‘(4) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condi-
tion of making available apportionments for
work on recreational trails that would affect pri-
vately owned land, a State shall obtain written
assurances that the owner of the land will co-
operate with the State and participate as nec-
essary in the activities to be conducted.
‘‘(B) PUBLIC ACCESS.—Any use of the ap-
portionments to a State under this section on
privately owned land must be accompanied by
an easement or other legally binding agreement
that ensures public access to the recreational
HR 2400 EAS
trail improvements funded by the apportion-
ments.
‘‘(i) APPORTIONMENT.—
‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this
subsection, the term ‘eligible State’ means a State
that meets the requirements of subsection (c).
‘‘(2) APPORTIONMENT.—Subject to subsection (j),
for each fiscal year, the Secretary shall apportion—
‘‘(A) 50 percent of the amounts made avail-
able to carry out this section equally among eli-
gible States; and
‘‘(B) 50 percent of the amounts made avail-
able to carry out this section among eligible
States in proportion to the quantity of non-
highway recreational fuel used in each eligible
State during the preceding year.
‘‘(j) ADMINISTRATIVE COSTS.—
‘‘(1) IN GENERAL.—Whenever an apportionment
is made under subsection (i) of the amounts made
available to carry out this section, the Secretary shall
first deduct an amount, not to exceed 1 percent of the
authorized amounts, to pay the costs to the Secretary
for administration of, and research authorized under,
the program.
HR 2400 EAS
‘‘(2) USE OF CONTRACTS.—To carry out research
funded under paragraph (1), the Secretary may—
‘‘(A) enter into contracts with for-profit or-
ganizations; and
‘‘(B) enter into contracts, partnerships, or
cooperative agreements with other government
agencies, institutions of higher learning, or non-
profit organizations.
‘‘(k) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $17,000,000 for
fiscal year 1998, $20,000,000 for fiscal year 1999,
$22,000,000 for fiscal year 2000, $23,000,000 for fis-
cal year 2001, $24,000,000 for fiscal year 2002, and
$25,000,000 for fiscal year 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1, except that the Federal share of the
cost of a project under this section shall be determined
in accordance with this section.’’.
(b) CONFORMING AMENDMENTS.—
HR 2400 EAS
(1) The Intermodal Surface Transportation Effi-
ciency Act of 1991 is amended by striking part B of
title I (16 U.S.C. 1261 et seq.).
(2) The analysis for chapter 2 of title 23, United
States Code, is amended by striking the item relating
to section 206 and inserting the following:
‘‘206. Recreational trails program.’’.
SEC. 1108. VALUE PRICING PILOT PROGRAM.
(a) IN GENERAL.—Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is amended—
(1) in the subsection heading, by striking ‘‘CON-
GESTION’’ and inserting ‘‘VALUE’’; and
(2) in paragraph (1), by striking ‘‘congestion’’
each place it appears and inserting ‘‘value’’.
(b) INCREASED
NUMBER
OF
PROJECTS.—Section
1012(b)(1) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)
is amended in the second sentence by striking ‘‘5’’ and in-
serting ‘‘15’’.
(c) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—
Section 1012(b)(2) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
1938) is amended in the second sentence—
HR 2400 EAS
(1) by inserting after ‘‘Secretary shall fund’’ the
following: ‘‘all preimplementation costs and project
design, and’’; and
(2) by inserting after ‘‘Secretary may not fund’’
the following: ‘‘the implementation costs of’’.
(d) TOLLING.—Section 1012(b)(4) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is amended by striking ‘‘a pilot
program under this section, but not on more than 3 of such
programs’’ and inserting ‘‘any value pricing pilot program
under this subsection’’.
(e) 
HOV 
PASSENGER
REQUIREMENTS.—Section
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)
is amended by striking paragraph (6) and inserting the fol-
lowing:
‘‘(6) HOV PASSENGER
REQUIREMENTS.—Not-
withstanding section 146(c) of title 23, United States
Code, a State may permit vehicles with fewer than 2
occupants to operate in high occupancy vehicle lanes
if the vehicles are part of a value pricing pilot pro-
gram under this subsection.’’.
(f) FUNDING.—Section 1012(b) of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (23 U.S.C. 149
HR 2400 EAS
note; 105 Stat. 1938) is amended by adding at the end the
following:
‘‘(7) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
‘‘(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $8,000,000 for each of fiscal years 1998
through 2003.
‘‘(B) AVAILABILITY.—
‘‘(i) IN GENERAL.—Funds allocated by
the Secretary to a State under this sub-
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 the
funds are authorized.
‘‘(ii) USE OF UNALLOCATED FUNDS.—
If the total amount of funds made available
from the Highway Trust Fund under this
subsection 
but 
not 
allocated 
exceeds
$8,000,000 as of September 30 of any year,
the excess amount—
‘‘(I) shall be apportioned in the
following fiscal year by the Secretary
to all States in accordance with section
HR 2400 EAS
104(b)(3) of title 23, United States
Code;
‘‘(II) shall be considered to be a
sum made available for expenditure on
the surface transportation program, ex-
cept that the amount shall not be sub-
ject to section 133(d) of that title; and
‘‘(III) shall be available for any
purpose eligible for funding under sec-
tion 133 of that title.
‘‘(C) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share
of the cost of any project under this subsection
and the availability of funds authorized by this
paragraph shall be determined in accordance
with this subsection.’’.
(g) CONFORMING AMENDMENTS.—Section 1012(b) of
the Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended—
(1) in paragraph (1), by striking ‘‘projects’’ each
place it appears and inserting ‘‘programs’’; and
(2) in paragraph (5)—
HR 2400 EAS
(A) by striking ‘‘projects’’ and inserting
‘‘programs’’; and
(B) by striking ‘‘traffic, volume’’ and in-
serting ‘‘traffic volume’’.
SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.
(a) IN GENERAL.—Section 143 of title 23, United
States Code, is amended to read as follows:
‘‘§ 143. Highway use tax evasion projects
‘‘(a) DEFINITION OF STATE.—In this section, the term
‘State’ means the 50 States and the District of Columbia.
‘‘(b) PROJECTS.—
‘‘(1) IN
GENERAL.—The Secretary shall use
funds made available under paragraph (7) to carry
out highway use tax evasion projects in accordance
with this subsection.
‘‘(2) ALLOCATION OF FUNDS.—The funds may be
allocated to the Internal Revenue Service and the
States at the discretion of the Secretary.
‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO IN-
TERNAL REVENUE SERVICE.—The Secretary shall not
impose any condition on the use of funds allocated to
the Internal Revenue Service under this subsection.
‘‘(4) LIMITATION
ON
USE
OF
FUNDS.—Funds
made available under paragraph (7) shall be used
only—
HR 2400 EAS
‘‘(A) to expand efforts to enhance motor fuel
tax enforcement;
‘‘(B) to fund additional Internal Revenue
Service staff, but only to carry out functions de-
scribed in this paragraph;
‘‘(C) to supplement motor fuel tax examina-
tions and criminal investigations;
‘‘(D) to develop automated data processing
tools to monitor motor fuel production and sales;
‘‘(E) to evaluate and implement registra-
tion and reporting requirements for motor fuel
taxpayers;
‘‘(F) to reimburse State expenses that sup-
plement existing fuel tax compliance efforts; and
‘‘(G) to analyze and implement programs to
reduce tax evasion associated with other highway
use taxes.
‘‘(5) MAINTENANCE OF EFFORT.—The Secretary
may not make an allocation to a State under this
subsection for a fiscal year unless the State certifies
that the aggregate expenditure of funds of the State,
exclusive of Federal funds, for motor fuel tax enforce-
ment activities will be maintained at a level that does
not fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
HR 2400 EAS
‘‘(6) FEDERAL SHARE.—The Federal share of the
cost of a project carried out under this subsection
shall be 100 percent.
‘‘(7) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
‘‘(A) IN GENERAL.—There shall be available
to the Secretary from the Highway Trust Fund
(other than the Mass Transit Account) to carry
out this subsection $5,000,000 for each of fiscal
years 1998 through 2003.
‘‘(B) AVAILABILITY OF FUNDS.—Funds au-
thorized under this paragraph shall remain
available for obligation for a period of 1 year
after the last day of the fiscal year for which the
funds are authorized.
‘‘(8) In addition to funds allocated under this
section, a State may, at its discretion, expend up to
one-fourth of one percent of its annual Federal-aid
apportionments under 104(b)(3) on initiatives to halt
the evasion of payment of motor fuel taxes.
‘‘(c) EXCISE FUEL REPORTING SYSTEM.—
‘‘(1) IN GENERAL.—Not later than April 1, 1998,
the Secretary shall enter into a memorandum of un-
derstanding with the Commissioner of the Internal
Revenue Service for the purposes of the development
HR 2400 EAS
and maintenance by the Internal Revenue Service of
an excise fuel reporting system (referred to in this
subsection as the ‘system’).
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding shall
provide that—
‘‘(A) the Internal Revenue Service shall de-
velop and maintain the system through con-
tracts;
‘‘(B) the system shall be under the control
of the Internal Revenue Service; and
‘‘(C) the system shall be made available for
use by appropriate State and Federal revenue,
tax, or law enforcement authorities, subject to
section 6103 of the Internal Revenue Code of
1986.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS FROM
HIGHWAY TRUST FUND.—
‘‘(A) IN GENERAL.—There are authorized to
be appropriated to the Secretary from the High-
way Trust Fund (other than the Mass Transit
Account) to carry out this subsection—
‘‘(i) $8,000,000 for development of the
system; and
HR 2400 EAS
‘‘(ii) $2,000,000 for each of fiscal years
1998 through 2003 for operation and main-
tenance of the system.
‘‘(B) AVAILABILITY.—Notwithstanding sec-
tion 118(a), funds made available under sub-
paragraph (A) shall not be available in advance
of an annual appropriation.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating
to section 143 and inserting the following:
‘‘143. Highway use tax evasion projects.’’.
(2) Section 1040 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 1992) is repealed.
(3) Section 8002 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101
note; 105 Stat. 2203) is amended—
(A) in the first sentence of subsection (g), by
striking ‘‘section 1040 of this Act’’ and inserting
‘‘section 143 of title 23, United States Code,’’;
and
(B) by striking subsection (h).
HR 2400 EAS
SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN
WALKWAYS.
Section 217 of title 23, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) by inserting ‘‘pedestrian walkways
and’’ after ‘‘construction of’’; and
(B) by striking ‘‘(other than the Interstate
System)’’;
(2) in subsection (e), by striking ‘‘, other than a
highway access to which is fully controlled,’’;
(3) by striking subsection (g) and inserting the
following:
‘‘(g) PLANNING AND DESIGN.—
‘‘(1) IN
GENERAL.—Bicyclists and pedestrians
shall be given consideration in the comprehensive
transportation plans developed by each metropolitan
planning organization and State in accordance with
sections 134 and 135, respectively.
‘‘(2) CONSTRUCTION.—Bicycle transportation fa-
cilities and pedestrian walkways shall be considered,
where appropriate, in conjunction with all new con-
struction and reconstruction of transportation facili-
ties, except where bicycle and pedestrian use are not
permitted.
HR 2400 EAS
‘‘(3) SAFETY AND CONTIGUOUS ROUTES.—Trans-
portation plans and projects shall provide consider-
ation for safety and contiguous routes for bicyclists
and pedestrians.’’;
(4) in subsection (h)—
(A) by striking ‘‘No motorized vehicles
shall’’ and inserting ‘‘Motorized vehicles may
not’’; and
(B) by striking paragraph (3) and inserting
the following:
‘‘(3) wheelchairs that are powered; and’’; and
(5) by striking subsection (j) and inserting the
following:
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The
term ‘bicycle transportation facility’ means a new or
improved lane, path, or shoulder for use by bicyclists
or a traffic control device, shelter, or parking facility
for bicycles.
‘‘(2) PEDESTRIAN.—The term ‘pedestrian’ means
any person traveling by foot or any mobility im-
paired person using a wheelchair.
‘‘(3) 
WHEELCHAIR.—The 
term 
‘wheelchair’
means a mobility aid, usable indoors, and designed
HR 2400 EAS
for and used by individuals with mobility impair-
ments, whether operated manually or powered.’’.
SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.
(a) GENERAL RULE.—Except to the extent that the
Secretary determines otherwise, not less than 10 percent of
the amounts made available for any program under titles
I, II, and V of this Act shall be expended with small busi-
ness concerns owned and controlled by socially and eco-
nomically disadvantaged individuals.
(b) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) SMALL
BUSINESS
CONCERN.—The term
‘‘small business concern’’ has the meaning such term
has under section 3 of the Small Business Act (15
U.S.C. 632); except that such term shall not include
any concern or group of concerns controlled by the
same socially and economically disadvantaged indi-
vidual or individuals which has average annual gross
receipts over the preceding 3 fiscal years in excess of
$16,600,000, as adjusted by the Secretary for infla-
tion.
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
ing such term has under section 8(d) of the Small
HR 2400 EAS
Business Act (15 U.S.C. 637(d)) and relevant sub-
contracting regulations promulgated pursuant thereto;
except that women shall be presumed to be socially
and economically disadvantaged individuals for pur-
poses of this section.
(c) ANNUAL LISTING OF DISADVANTAGED BUSINESS
ENTERPRISES.—Each State shall annually survey and
compile a list of the small business concerns referred to in
subsection (a) and the location of such concerns in the State
and notify the Secretary, in writing, of the percentage of
such concerns which are controlled by women, by socially
and economically disadvantaged individuals (other than
women), and by individuals who are women and are other-
wise socially and economically disadvantaged individuals.
(d) UNIFORM CERTIFICATION.—The Secretary shall es-
tablish minimum uniform criteria for State governments
to use in certifying whether a concern qualifies for purposes
of this section. Such minimum uniform criteria shall in-
clude but not be limited to on-site visits, personal inter-
views, licenses, analysis of stock ownership, listing of equip-
ment, analysis of bonding capacity, listing of work com-
pleted, resume of principal owners, financial capacity, and
type of work preferred.
(e) COMPLIANCE WITH COURT ORDERS.—Nothing in
this section limits the eligibility of an entity or person to
100
HR 2400 EAS
receive funds made available under titles I, II, and V of
this Act, if the entity or person is prevented, in whole or
in part, from complying with subsection (a) because a Fed-
eral court issues a final order in which the court finds that
the requirement of subsection (a), or the program estab-
lished under subsection (a), is unconstitutional.
(f) REVIEW BY COMPTROLLER GENERAL.—Not later
than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a
review of, and publish and report to Congress findings and
conclusions on, the impact throughout the United States of
administering the requirement of subsection (a), including
an analysis of—
(1) in the case of small business concerns cer-
tified in each State under subsection (d) as owned
and controlled by socially and economically disadvan-
taged individuals—
(A) the number of the small business con-
cerns; and
(B) the participation rates of the small
business concerns in prime contracts and sub-
contracts funded under titles I, II, and V of this
Act;
(2) in the case of small business concerns de-
scribed in paragraph (1) that receive prime contracts
101
HR 2400 EAS
and subcontracts funded under titles I, II, and V of
this Act—
(A) the number of the small business con-
cerns;
(B) the annual gross receipts of the small
business concerns; and
(C) the net worth of socially and economi-
cally disadvantaged individuals that own and
control the small business concerns;
(3) in the case of small business concerns de-
scribed in paragraph (1) that do not receive prime
contracts and subcontracts funded under titles I, II,
and V of this Act—
(A) the annual gross receipts of the small
business concerns; and
(B) the net worth of socially and economi-
cally disadvantaged individuals that own and
control the small business concerns;
(4) in the case of business concerns that receive
prime contracts and subcontracts funded under titles
I, II, and V of this Act, other than small business
concerns described in paragraph (2)—
(A) the annual gross receipts of the business
concerns; and
102
HR 2400 EAS
(B) the net worth of individuals that own
and control the business concerns;
(5) the rate of graduation from any programs
carried out to comply with the requirement of sub-
section (a) for small business concerns owned and
controlled by socially and economically disadvantaged
individuals;
(6) the overall cost of administering the require-
ment of subsection (a), including administrative costs,
certification costs, additional construction costs, and
litigation costs;
(7) any discrimination, on the basis of race,
color, national origin, or sex, against small business
concerns owned and controlled by socially and eco-
nomically disadvantaged individuals;
(8)(A) any other factors limiting the ability of
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals to
compete for prime contracts and subcontracts funded
under titles I, II, and V of this Act; and
(B) the extent to which any of those factors are
caused, in whole or in part, by discrimination based
on race, color, national origin, or sex;
(9) any discrimination, on the basis of race,
color, national origin, or sex, against construction
103
HR 2400 EAS
companies owned and controlled by socially and eco-
nomically disadvantaged individuals in public and
private transportation contracting and the financial,
credit, insurance, and bond markets;
(10) the impact on small business concerns
owned and controlled by socially and economically
disadvantaged individuals of—
(A) the issuance of a final order described
in subsection (e) by a Federal court that sus-
pends a program established under subsection
(a); or
(B) the repeal or suspension of State or
local disadvantaged business enterprise pro-
grams; and
(11) the impact of the requirement of subsection
(a), and any program carried out to comply with
subsection (a), on competition and the creation of
jobs, including the creation of jobs for socially and
economically disadvantaged individuals.
SEC. 1112. FEDERAL SHARE PAYABLE.
(a) IN GENERAL.—Section 120 of title 23, United
States Code (as amended by section 1106(a)), is amended—
(1) in each of subsections (a) and (b), by adding
at the end the following: ‘‘In the case of any project
subject to this subsection, a State may determine a
104
HR 2400 EAS
lower Federal share than the Federal share deter-
mined under the preceding sentences of this sub-
section.’’; and
(2) by adding at the end the following:
‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a credit
toward the non-Federal share requirement for any
program under the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (Public Law 102–240)
or this title, other than the emergency relief program
authorized by section 125, toll revenues that are gen-
erated and used by public, quasi-public, and private
agencies to build, improve, or maintain, without the
use of Federal funds, highways, bridges, or tunnels
that serve the public purpose of interstate commerce.
‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN GENERAL.—The credit toward any
non-Federal share under paragraph (1) shall not
reduce nor replace State funds required to match
Federal funds for any program under this title.
‘‘(B) CONDITIONS
ON
RECEIPT
OF
CRED-
IT.—
‘‘(i) AGREEMENT
WITH
THE
SEC-
RETARY.—To receive a credit under para-
graph (1) for a fiscal year, a State shall
105
HR 2400 EAS
enter into such agreements 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.
‘‘(ii) 
EXCEPTION.—Notwithstanding
clause (i), a State may receive a credit
under paragraph (1) for a fiscal year if, for
any 1 of the preceding 3 fiscal years, the
non-Federal transportation capital expendi-
tures of the State were at a level that was
greater than 30 percent of the average level
of such expenditures for the other 2 of the
preceding 3 fiscal years.
‘‘(3) TREATMENT.—
‘‘(A) IN GENERAL.—Use of the credit to-
ward a non-Federal share under paragraph (1)
shall not expose the agencies from which the
credit is received to additional liability, addi-
tional regulation, or additional administrative
oversight.
‘‘(B) 
CHARTERED
MULTISTATE
AGEN-
CIES.—When credit is applied from a chartered
106
HR 2400 EAS
multistate agency under paragraph (1), the cred-
it shall be applied equally to all charter States.
‘‘(C) NO ADDITIONAL STANDARDS.—A pub-
lic, quasi-public, or private agency from which
the credit for which the non-Federal share is cal-
culated under paragraph (1) shall not be subject
to any additional Federal design standards or
laws (including regulations) as a result of pro-
viding the credit beyond the standards and laws
to which the agency is already subject.’’.
(b) TECHNICAL AMENDMENTS.—
(1) Section 104(f)(3) of title 23, United States
Code, is amended in the second sentence by striking
‘‘section 120(j) of this title’’ and inserting ‘‘section
120’’.
(2) Section 130(a) of title 23, United States
Code, is amended—
(A) in the first sentence, by striking ‘‘Ex-
cept as provided in subsection (d) of section 120
of this title’’ and inserting ‘‘Subject to section
120’’; and
(B) in the second sentence, by striking ‘‘ex-
cept as provided in subsection (d) of section 120
of this title’’ and inserting ‘‘subject to section
120’’.
107
HR 2400 EAS
SEC. 1113. STUDIES AND REPORTS.
(a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—
(1) METHODOLOGY.—
(A) EVALUATION.—The Comptroller Gen-
eral of the United States shall conduct an eval-
uation of the methodology used by the Depart-
ment of Transportation to determine highway
needs using the highway economic requirement
system (referred to in this subsection as the
‘‘model’’).
(B) REQUIRED ELEMENT.—The evaluation
shall include an assessment of the extent to
which the model estimates an optimal level of
highway infrastructure investment, including an
assessment as to when the model may be over-
estimating or underestimating investment re-
quirements.
(C) REPORT TO CONGRESS.—Not later than
2 years after the date of enactment of this Act,
the Comptroller General shall submit a report to
Congress on the results of the evaluation.
(2) STATE INVESTMENT PLANS.—
(A) STUDY.—In consultation with State
transportation departments and other appro-
priate State and local officials, the Comptroller
General of the United States shall conduct a
108
HR 2400 EAS
study on the extent to which the highway eco-
nomic requirement system of the Federal High-
way Administration can be used to provide
States with useful information for developing
State transportation investment plans and State
infrastructure investment projections.
(B) 
REQUIRED
ELEMENTS.—The 
study
shall—
(i) identify any additional data that
may need to be collected beyond the data
submitted, prior to the date of enactment of
this Act, to the Federal Highway Adminis-
tration through the highway performance
monitoring system; and
(ii) identify what additional work, if
any, would be required of the Federal High-
way Administration and the States to make
the model useful at the State level.
(C) REPORT TO CONGRESS.—Not later than
3 years after the date of enactment of this Act,
the Comptroller General shall submit a report to
Congress on the results of the study.
(b) INTERNATIONAL ROUGHNESS INDEX.—
(1) STUDY.—The Comptroller General of the
United States shall conduct a study on the inter-
109
HR 2400 EAS
national roughness index that is used as an indicator
of pavement quality on the Federal-aid highway sys-
tem.
(2) REQUIRED
ELEMENTS.—The study shall
specify the extent of usage of the index and the extent
to which the international roughness index measure-
ment is reliable across different manufacturers and
types of pavement.
(3) REPORT TO CONGRESS.—Not later than 2
years after the date of enactment of this Act, the
Comptroller General shall submit a report to Congress
on the results of the study.
(c) REPORTING OF RATES OF OBLIGATION.—Section
104 of title 23, United States Code, is amended—
(1) by redesignating subsection (j) as subsection
(m); and
(2) by inserting after subsection (i) the following:
‘‘(j) REPORTING OF RATES OF OBLIGATION.—On an
annual basis, the Secretary shall publish or otherwise report
rates of obligation of funds apportioned or set aside under
this section and section 133 according to—
‘‘(1) program;
‘‘(2) funding category or subcategory;
‘‘(3) type of improvement;
‘‘(4) State; and
110
HR 2400 EAS
‘‘(5) sub-State geographic area, including urban-
ized and rural areas, on the basis of the population
of each such area.’’.
(d) EVALUATION OF PROCUREMENT PRACTICES AND
PROJECT DELIVERY.—
(1) STUDY.—The Comptroller General shall con-
duct a study to assess—
(A) the impact that a utility company’s
failure to relocate its facilities in a timely man-
ner has on the delivery and cost of Federal-aid
highway and bridge projects;
(B) methods States use to mitigate delays
described in subparagraph (A), including the use
of the courts to compel utility cooperation;
(C) the prevalence and use of—
(i) incentives to utility companies for
early completion of utility relocations on
Federal-aid transportation project sites; and
(ii) penalties assessed on utility com-
panies for utility relocation delays on such
projects;
(D) the extent to which States have used
available technologies, such as subsurface utility
engineering, early in the design of Federal-aid
highway and bridge projects so as to eliminate
111
HR 2400 EAS
or reduce the need for or delays due to utility re-
locations; and
(E)(i) whether individual States compensate
transportation contractors for business costs in-
curred by the contractors when Federal-aid high-
way and bridge projects under contract to the
contractors are delayed by delays caused by util-
ity companies in utility relocations; and
(ii) methods used by States in making any
such compensation.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General shall submit to Congress a report on the re-
sults of the study, including any recommendations
that the Comptroller General determines to be appro-
priate as a result of the study.
SEC. 1114. DEFINITIONS.
(a) FEDERAL-AID HIGHWAY FUNDS AND PROGRAM.—
(1) IN
GENERAL.—Section 101(a) of title 23,
United States Code, is amended by inserting before
the undesignated paragraph defining ‘‘Federal-aid
highways’’ the following:
‘‘The term ‘Federal-aid highway funds’ means funds
made available to carry out the Federal-aid highway pro-
gram.
112
HR 2400 EAS
‘‘The term ‘Federal-aid highway program’ means all
programs authorized under chapters 1, 3, and 5.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 101(d) of title 23, United States
Code, is amended by striking ‘‘the construction of
Federal-aid highways or highway planning, re-
search, or development’’ and inserting ‘‘the Fed-
eral-aid highway program’’.
(B) Section 104(m)(1) of title 23, United
States 
Code 
(as 
redesignated 
by 
section
1113(c)(1)), is amended by striking ‘‘Federal-aid
highways and the highway safety construction
programs’’ and inserting ‘‘the Federal-aid high-
way program’’.
(C) Section 107(b) of title 23, United States
Code, is amended in the second sentence by strik-
ing ‘‘Federal-aid highways’’ and inserting ‘‘the
Federal-aid highway program’’.
(b) ALPHABETIZATION
OF
DEFINITIONS.—Section
101(a) of title 23, United States Code, is amended by reor-
dering the undesignated paragraphs so that they are in al-
phabetical order.
113
HR 2400 EAS
SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPOR-
TATION PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United States
Code (as amended by section 1107(a)), is amended by in-
serting after section 206 the following:
‘‘§ 207. Cooperative Federal Lands Transportation
Program
‘‘(a) IN GENERAL.—There is established the Coopera-
tive Federal Lands Transportation Program (referred to in
this section as the ‘program’). Funds available for the pro-
gram under subsection (e) may be used for projects, or por-
tions of projects, on highways that are owned or maintained
by States or political subdivisions of States and that cross,
are adjacent to, or lead to federally owned land or Indian
reservations (including Army Corps of Engineers res-
ervoirs), as determined by the State. Such projects shall be
proposed by a State and selected by the Secretary. A project
proposed by a State under this section shall be on a high-
way or bridge owned or maintained by the State, or 1 or
more political subdivisions of the State, and may be a high-
way or bridge construction or maintenance project eligible
under this title or any project of a type described in section
204(h).
‘‘(b) DISTRIBUTION OF FUNDS FOR PROJECTS.—
‘‘(1) IN GENERAL.—
‘‘(A) IN GENERAL.—The Secretary—
114
HR 2400 EAS
‘‘(i) after consultation with the Admin-
istrator of General Services, the Secretary of
the Interior, and other agencies as appro-
priate (including the Army Corps of Engi-
neers), shall determine the percentage of the
total land in each State that is owned by
the Federal Government or that is held by
the Federal Government in trust;
‘‘(ii) shall determine the sum of the
percentages determined under clause (i) for
States with respect to which the percentage
is 4.5 or greater; and
‘‘(iii) shall determine for each State
included in the determination under clause
(ii) the percentage obtained by dividing—
‘‘(I) the percentage for the State
determined under clause (i); by
‘‘(II) the sum determined under
clause (ii).
‘‘(B) ADJUSTMENT.—The Secretary shall—
‘‘(i) reduce any percentage determined
under subparagraph (A)(iii) that is greater
than 7.5 percent to 7.5 percent; and
‘‘(ii) redistribute the percentage points
equal to any reduction under clause (i)
115
HR 2400 EAS
among other States included in the deter-
mination under subparagraph (A)(ii) in
proportion to the percentages for those
States 
determined 
under 
subparagraph
(A)(iii).
‘‘(2) AVAILABILITY TO STATES.—Except as pro-
vided in paragraph (3), for each fiscal year, the Sec-
retary shall make funds available to carry out eligible
projects in a State in an amount equal to the amount
obtained by multiplying—
‘‘(A) the percentage for the State, if any, de-
termined under paragraph (1); by
‘‘(B) the funds made available for the pro-
gram under subsection (e) for the fiscal year.
‘‘(3) SELECTION OF PROJECTS.—The Secretary
may establish deadlines for States to submit proposed
projects for funding under this section, except that in
the case of fiscal year 1998 the deadline may not be
earlier than January 1, 1998. For each fiscal year,
if a State does not have pending, by that deadline,
applications for projects with an estimated cost equal
to at least 3 times the amount for the State deter-
mined under paragraph (2), the Secretary may dis-
tribute, to 1 or more other States, at the Secretary’s
discretion, 1⁄3 of the amount by which the estimated
116
HR 2400 EAS
cost of the State’s applications is less than 3 times the
amount for the State determined under paragraph
(2).
‘‘(c) TRANSFERS.—
‘‘(1) IN GENERAL.—Subject to subsection (f), not-
withstanding any other provision of law, a State and
the Secretary may agree to transfer amounts made
available to a State under this section to the alloca-
tions of the State under section 202 for use in carry-
ing out projects on any Federal lands highway that
is located in the State.
‘‘(2) SPECIAL RULE.—This paragraph applies to
a State that contains a national park that was vis-
ited by more than 2,500,000 people in 1996 and com-
prises more than 3,000 square miles of land area, in-
cluding surface water, that is located in the State.
For such a State, 50 percent of the amount that
would otherwise be made available to the State for
each fiscal year under the program under subsection
(e) shall be made available only for eligible highway
uses in the national park and within the borders of
the State. For the purpose of making allocations
under section 202(c), the Secretary may not take into
account the past or future availability, for use on
park roads and parkways in a national park, of
117
HR 2400 EAS
funds made available for use in a national park by
this paragraph.
‘‘(d) RIGHTS-OF-WAY ACROSS FEDERAL LAND.—Noth-
ing in this section affects any claim for a right-of-way
across Federal land.
‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section (other than sub-
section (f)) $74,000,000 for each of fiscal years 1998
through 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1.
‘‘(f) ADDITIONAL AUTHORIZATION OF CONTRACT AU-
THORITY FOR STATES WITH INDIAN RESERVATIONS.—
‘‘(1) AVAILABILITY TO STATES.—Not later than
October 1 of each fiscal year, funds made available
under paragraph (5) for the fiscal year shall be made
available by the Secretary, in equal amounts, to each
State that has within the boundaries of the State all
or part of an Indian reservation having a land area
of 10,000,000 acres or more.
‘‘(2) AVAILABILITY TO ELIGIBLE COUNTIES.—
118
HR 2400 EAS
‘‘(A) IN GENERAL.—Each fiscal year, each
county that is located in a State to which funds
are made available under paragraph (1), and
that has in the county a public road described in
subparagraph (B), shall be eligible to apply to
the State for all or a portion of the funds made
available to the State under this subsection to be
used by the county to maintain such roads.
‘‘(B) ROADS.—A public road referred to in
subparagraph (A) is a public road that—
‘‘(i) is within, adjacent to, or provides
access to an Indian reservation described in
paragraph (1);
‘‘(ii) is used by a school bus to trans-
port children to or from a school or Head-
start program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.); and
‘‘(iii) is maintained by the county in
which the public road is located.
‘‘(C) ALLOCATION AMONG ELIGIBLE COUN-
TIES.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), each State that receives funds
under paragraph (1) shall provide directly
to each county that applies for funds the
119
HR 2400 EAS
amount that the county requests in the ap-
plication.
‘‘(ii) ALLOCATION
AMONG
ELIGIBLE
COUNTIES.—If the total amount of funds
applied for under this subsection by eligible
counties in a State exceeds the amount of
funds available to the State, the State shall
equitably allocate the funds among the eligi-
ble counties that apply for funds.
‘‘(3) SUPPLEMENTARY FUNDING.—For each fiscal
year, the Secretary shall ensure that funding made
available under this subsection supplements (and does
not supplant)—
‘‘(A) any obligation of funds by the Bureau
of Indian Affairs for road maintenance pro-
grams on Indian reservations; and
‘‘(B) any funding provided by a State to a
county for road maintenance programs in the
county.
‘‘(4) USE OF UNALLOCATED FUNDS.—Any por-
tion of the funds made available to a State under this
subsection that is not made available to counties
within 1 year after the funds are made available to
the State shall be apportioned among the States in
accordance with section 104(b).
120
HR 2400 EAS
‘‘(5) SET-ASIDE.—For each of fiscal years 1998
through 2003, the Secretary shall set aside $1,500,000
from amounts made available under section 541(a) of
title 23, United States Code.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 2 of title 23, United States Code, is amended by
striking the item relating to section 207 and inserting the
following:
‘‘207. Cooperative Federal Lands Transportation Program.’’.
SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING
PLANNING AND BORDER INFRASTRUCTURE.
(a) DEFINITIONS.—In this section:
(1) AFFECTED PORT OF ENTRY.—The term ‘‘af-
fected port of entry’’ means a seaport or airport in
any State that demonstrates that the transportation
of cargo by rail or motor carrier through the seaport
or airport has increased significantly since the date
of enactment of the North American Free Trade
Agreement Implementation Act (Public Law 103–
182).
(2) BORDER STATE.—The term ‘‘border State’’
means a State of the United States that—
(A) is located along the border with Mexico;
or
(B) is located along the border with Can-
ada.
121
HR 2400 EAS
(3) BORDER STATION.—The term ‘‘border sta-
tion’’ means a controlled port of entry into the United
States located in the United States at the border with
Mexico or Canada, consisting of land occupied by the
station and the buildings, roadways, and parking lots
on the land.
(4) FEDERAL
INSPECTION
AGENCY.—The term
‘‘Federal inspection agency’’ means a Federal agency
responsible for the enforcement of immigration laws
(including regulations), customs laws (including regu-
lations), and agriculture import restrictions, includ-
ing the United States Customs Service, the Immigra-
tion and Naturalization Service, the Animal and
Plant Health Inspection Service, the Food and Drug
Administration, the United States Fish and Wildlife
Service, and the Department of State.
(5) GATEWAY.—The term ‘‘gateway’’ means a
grouping of border stations defined by proximity and
similarity of trade.
(6) NON-FEDERAL
GOVERNMENTAL
JURISDIC-
TION.—The term ‘‘non-Federal governmental jurisdic-
tion’’ means a regional, State, or local authority in-
volved in the planning, development, provision, or
funding of transportation infrastructure needs.
122
HR 2400 EAS
(b) 
BORDER
CROSSING
PLANNING
INCENTIVE
GRANTS.—
(1) IN GENERAL.—The Secretary shall make in-
centive grants to States and to metropolitan planning
organizations designated under section 134 of title 23,
United States Code.
(2) USE OF GRANTS.—The grants shall be used
to encourage joint transportation planning activities
and to improve people and vehicle movement into and
through international gateways as a supplement to
statewide and metropolitan transportation planning
funding made available under other provisions of this
Act and under title 23, United States Code.
(3) CONDITION OF GRANTS.—As a condition of
receiving a grant under paragraph (1), a State trans-
portation department or a metropolitan planning or-
ganization shall certify to the Secretary that it com-
mits to be engaged in joint planning with its counter-
part agency in Mexico or Canada.
(4) LIMITATION ON AMOUNT.—Each State trans-
portation department or metropolitan planning orga-
nization may receive not more than $100,000 under
this subsection for any fiscal year.
(5) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
123
HR 2400 EAS
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $1,400,000 for each of fiscal years 1998
through 2003.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this subsection shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share
of the cost of a project under this subsection shall
be determined in accordance with subsection (f).
(c) 
TRADE
CORRIDOR
PLANNING
INCENTIVE
GRANTS.—
(1) GRANTS.—
(A) IN
GENERAL.—The Secretary shall
make grants to States to encourage, within the
framework of the statewide transportation plan-
ning process of the State under section 135 of
title 
23, 
United 
States 
Code, 
cooperative
multistate corridor analysis of, and planning
for, the safe and efficient movement of goods
along and within international or interstate
trade corridors of national importance and
through affected ports of entry.
124
HR 2400 EAS
(B) IDENTIFICATION OF CORRIDORS.—Each
corridor and affected port of entry referred to in
subparagraph (A) shall be cooperatively identi-
fied by the States along the corridor or by the
State in which the affected port of entry is lo-
cated.
(2) CORRIDOR PLANS.—
(A) IN GENERAL.—As a condition of receiv-
ing a grant under paragraph (1), a State shall
enter into an agreement with the Secretary that
specifies that, not later than 2 years after receipt
of the grant—
(i) in cooperation with the other States
along the corridor, the State will submit a
plan for corridor improvements to the Sec-
retary; or
(ii) the State will submit a plan for af-
fected port of entry improvements to the
Secretary.
(B) COORDINATION
OF
PLANNING.—Plan-
ning with respect to a corridor under this sub-
section shall be coordinated with transportation
planning being carried out by the States and
metropolitan planning organizations along the
corridor and, to the extent appropriate, with
125
HR 2400 EAS
transportation planning being carried out by
Federal land management agencies, by tribal
governments, or by government agencies in Mex-
ico or Canada.
(3) MULTISTATE AGREEMENTS FOR TRADE COR-
RIDOR PLANNING.—The consent of Congress is granted
to any 2 or more States—
(A) to enter into multistate agreements, not
in conflict with any law of the United States, for
cooperative efforts and mutual assistance in sup-
port of interstate trade corridor planning activi-
ties; and
(B) to establish such agencies, joint or oth-
erwise, as the States may determine desirable to
make the agreements effective.
(4) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $3,000,000 for each of fiscal years 1998
through 2003.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this subsection shall be available for
obligation in the same manner as if the funds
126
HR 2400 EAS
were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share
of the cost of a project under this subsection shall
be determined in accordance with subsection (f).
(d) FEDERAL ASSISTANCE FOR TRADE CORRIDORS
AND BORDER INFRASTRUCTURE SAFETY AND CONGESTION
RELIEF.—
(1) APPLICATIONS FOR GRANTS.—The Secretary
shall make grants to States or metropolitan planning
organizations that submit an application that—
(A) demonstrates need for assistance in car-
rying out transportation projects that are nec-
essary to relieve traffic congestion or improve en-
forcement of motor carrier safety laws;
(B) includes strategies to involve both the
public and private sectors in the proposed
project;
(C) provides for the safe and efficient move-
ment of goods along and within international or
interstate trade corridors; and
(D) provides for the continued planning
and development of trade corridors.
(2) SELECTION
OF
STATES, 
METROPOLITAN
PLANNING
ORGANIZATIONS, AND
PROJECTS
TO
RE-
CEIVE GRANTS.—Notwithstanding any other provision
127
HR 2400 EAS
of this Act, in selecting States, metropolitan planning
organizations, and projects to receive grants under
this subsection, the Secretary shall consider—
(A) the extent to which the annual volume
of commercial vehicle traffic at the border sta-
tions or ports of entry of each State—
(i) has increased since the date of en-
actment of the North American Free Trade
Agreement Implementation Act (Public Law
103–182); and
(ii) is projected to increase in the fu-
ture;
(B) the extent to which commercial vehicle
traffic in each State—
(i) has increased since the date of en-
actment of the North American Free Trade
Agreement Implementation Act (Public Law
103–182); and
(ii) is projected to increase in the fu-
ture;
(C) the extent of border and affected port of
entry or ports of entry transportation improve-
ments carried out by each State since the date of
enactment of the North American Free Trade
128
HR 2400 EAS
Agreement Implementation Act (Public Law
103–182);
(D) the extent to which international truck-
borne commodities move through each State;
(E) the reduction in commercial and other
travel time through a major international gate-
way or affected port of entry expected as a result
of the proposed project including the level of traf-
fic delays at at-grade highway crossings of major
rail lines in trade corridors;
(F) the extent of leveraging of Federal funds
provided under this subsection, including—
(i) use of innovative financing;
(ii) combination with funding pro-
vided under other sections of this Act and
title 23, United States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding in-
cluding State, local, and private matching
funds;
(G) improvements in vehicle and highway
safety and cargo security in and through the
gateway or affected port of entry concerned;
(H) the degree of demonstrated coordination
with Federal inspection agencies;
129
HR 2400 EAS
(I) the extent to which the innovative and
problem solving techniques of the proposed
project would be applicable to other border sta-
tions or ports of entry;
(J) demonstrated local commitment to im-
plement and sustain continuing comprehensive
border or affected port of entry planning proc-
esses and improvement programs; and
(K) the value of the cargo carried by com-
mercial vehicle traffic, to the extent that the
value of the cargo and congestion impose eco-
nomic costs on the Nation’s economy.
(3) USE OF GRANTS.—
(A) IN GENERAL.—A grant under this sub-
section shall be used to develop project plans,
and implement coordinated and comprehensive
programs of projects, to improve efficiency and
safety.
(B) TYPE OF PLANS AND PROGRAMS.—The
plans and programs may include—
(i) improvements to transport and
supporting infrastructure;
(ii) improvements in operational strat-
egies, including electronic data interchange
and use of telecommunications to expedite
130
HR 2400 EAS
vehicle and cargo movement including the
deployment of technologies to detect and
deter illegal narcotic smuggling;
(iii) modifications to regulatory proce-
dures to expedite vehicle and cargo flow;
(iv) new infrastructure construction;
(v) purchase, installation, and mainte-
nance of weigh-in-motion devices and asso-
ciated electronic equipment in Mexico or
Canada if real time data from the devices
is provided to the nearest border station
and to State commercial vehicle enforcement
facilities that serve the border station; and
(vi) other institutional improvements,
such as coordination of binational plan-
ning, programming, and border operation,
with special emphasis on coordination
with—
(I) Federal inspection agencies;
and
(II) their counterpart agencies in
Mexico and Canada.
(4) CONSTRUCTION OF TRANSPORTATION INFRA-
STRUCTURE FOR LAW ENFORCEMENT PURPOSES.—At
the request of the Administrator of General Services,
131
HR 2400 EAS
in consultation with the Attorney General, the Sec-
retary may transfer, during the period of fiscal years
1998 through 2001, not more than $10,000,000 of the
amounts made available under paragraph (5) to the
Administrator of General Services for the construction
of transportation infrastructure necessary for law en-
forcement in border States.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $125,000,000 for each of fiscal years
1998 through 2003.
(e) COORDINATION OF PLANNING.—
(1) PLANNING AND DEVELOPMENT OF BORDER
STATIONS.—The General Services Administration
shall be the coordinating Federal agency in the plan-
ning and development of new or expanded border sta-
tions.
(2) COOPERATIVE ACTIVITIES.—In carrying out
paragraph (1), the Administrator of General Services
shall cooperate with Federal inspection agencies and
non-Federal governmental jurisdictions to ensure
that—
(A) improvements to border station facili-
ties take into account regional and local condi-
132
HR 2400 EAS
tions, including the alignment of highway sys-
tems and connecting roadways; and
(B) all facility requirements, associated
costs, and economic impacts are identified.
(f) COST SHARING.—A grant under this section shall
be used to pay the Federal share of the cost of a project.
The Federal share shall not exceed 80 percent.
(g) USE
OF UNALLOCATED FUNDS.—If the total
amount of funds made available from the Highway Trust
Fund under this section but not allocated exceeds
$4,000,000 as of September 30 of any year, the excess
amount—
(1) shall be apportioned in the following fiscal
year by the Secretary to all States in accordance with
section 104(b)(3) of title 23, United States Code;
(2) shall be considered to be a sum made avail-
able for expenditure on the surface transportation
program, except that the amount shall not be subject
to section 133(d) of that title; and
(3) shall be available for any purpose eligible for
funding under section 133 of that title.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) AVAILABILITY, RELEASE, AND REALLOCATION OF
FUNDS.—Section 201(a) of the Appalachian Regional De-
velopment Act of 1965 (40 U.S.C. App.) is amended—
133
HR 2400 EAS
(1) in the second sentence, by inserting before the
period at the end the following: ‘‘, except that each al-
location to a State shall remain available for expendi-
ture in the State for the fiscal year in which the allo-
cation is allocated and for the 3 following fiscal
years’’; and
(2) by inserting after the second sentence the fol-
lowing: ‘‘Funds authorized under this section for fis-
cal year 1998 or a fiscal year thereafter, and not ex-
pended by a State during the 4 fiscal years referred
to in the preceding sentence, shall be released to the
Commission for reallocation and shall remain avail-
able until expended.’’.
(b) SUBSTITUTE CORRIDOR.—Section 201(b) of the
Appalachian Regional Development Act of 1965 (40 U.S.C.
App.) is amended—
(1) by redesignating paragraphs (1) through (4)
as subparagraphs (A) through (D), respectively;
(2) by striking ‘‘(b) The Commission’’ and in-
serting the following:
‘‘(b) DESIGNATIONS.—
‘‘(1) IN GENERAL.—The Commission’’; and
(3) by adding at the end the following:
‘‘(2) SUBSTITUTE CORRIDOR.—In lieu of Cor-
ridor H in Virginia, the Appalachian development
134
HR 2400 EAS
highway system shall include the Virginia portion of
the segment identified in section 1105(c)(29) of the
Intermodal Surface Transportation Efficiency Act of
1991 (109 Stat. 597).’’.
(c) FEDERAL SHARE FOR PREFINANCED PROJECTS.—
Section 201(h)(1) of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App.) is amended by striking
‘‘70 per centum’’ and inserting ‘‘80 percent’’.
(d) AUTHORIZATION OF CONTRACT AUTHORITY.—Sec-
tion 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended by striking subsection
(g) and inserting the following:
‘‘(g) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—
‘‘(A) FISCAL YEARS 1998 THROUGH 2003.—
For the continued construction of the Appalach-
ian development highway system approved as of
September 30, 1996, in accordance with this sec-
tion, there shall be available from the Highway
Trust Fund (other than the Mass Transit Ac-
count) $40,000,000 for each of fiscal years 1998
through 2000, $50,000,000 for fiscal year 2001,
$60,000,000 
for 
fiscal 
year 
2002, 
and
$70,000,000 for fiscal year 2003.
137
HR 2400 EAS
‘‘(i) 
at 
least 
$20,000,000 
of 
the
amounts set aside under paragraph (1) to
any State that—
‘‘(I) is apportioned for fiscal year
1998 
under 
paragraphs 
(1)(B),
(1)(C)(i)(III), and (3)(A)(iii) of sub-
section (b) an amount that is less than
the amount apportioned to the State
for the highway bridge replacement
and rehabilitation program under sec-
tion 144 for fiscal year 1997; and
‘‘(II) was apportioned for that
program for fiscal year 1997 an
amount greater than $125,000,000;
and
‘‘(ii) at least $15,000,000 of the
amounts set aside under paragraph (1) to
any State with respect to which the average
service life of the bridges in the State ex-
ceeds 46 years as of the date of enactment
of the Intermodal Surface Transportation
Efficiency Act of 1998.
‘‘(B) EXCEPTION.—A State that transferred
funds from the highway bridge replacement and
rehabilitation program during any of fiscal
138
HR 2400 EAS
years 1995 through 1997 in an amount greater
than 10 percent of the apportionments for that
program for the fiscal year shall not be eligible
for an allocation under subparagraph (A)(i).
‘‘(C) ADDITIONAL ALLOCATION.—An alloca-
tion to a State under subparagraph (A) shall be
in addition to any allocation to the State under
paragraph (1).
‘‘(3) AVAILABILITY TO STATES OF INTERSTATE
4R FUNDS.—The Secretary may grant the application
of a State for funds made available for a fiscal year
for a project described in paragraph (1)(A) if the Sec-
retary determines that—
‘‘(A) the State has obligated or demonstrates
that it will obligate for the fiscal year all of the
apportionments to the State under subpara-
graphs (A) and (B) of subsection (b)(1) other
than an amount that, by itself, is insufficient to
pay the Federal share of the cost of a project de-
scribed in paragraph (1)(A) that has been sub-
mitted by the State to the Secretary for ap-
proval; and
‘‘(B) the State is willing and able to—
139
HR 2400 EAS
‘‘(i) obligate the funds within 1 year
after the date on which the funds are made
available;
‘‘(ii) apply the funds to a project that
is ready to be commenced; and
‘‘(iii) in the case of construction work,
begin work within 90 days after the date of
obligation of the funds.
‘‘(4) ELIGIBILITY OF CERTAIN BRIDGES.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of law, any bridge that is owned
and operated by an agency that does not have
taxing powers and whose functions include oper-
ating a federally assisted public transit system
subsidized by toll revenues shall be eligible for as-
sistance under this subsection.
‘‘(B) LIMITATION.—The amount of assist-
ance under subparagraph (A) shall not exceed
the cumulative amount that the agency has ex-
pended for capital and operating costs to sub-
sidize the transit system.
‘‘(C) 
DETERMINATION
BY
THE
SEC-
RETARY.—Before authorizing an expenditure of
funds under this paragraph, the Secretary shall
make a determination that the applicant agency
140
HR 2400 EAS
has insufficient reserves, surpluses, and projected
revenues (over and above those required for
bridge and transit capital and operating costs)
to fund the necessary bridge replacement, seismic
retrofitting, or rehabilitation project.
‘‘(D) 
CREDITING
OF
NON-FEDERAL
FUNDS.—Any non-Federal funds expended for
the seismic retrofit of the bridge may be credited
toward the non-Federal share required as a con-
dition of receipt of any Federal funds for seismic
retrofit of the bridge made available after the
date of expenditure.
‘‘(5) REQUIRED
ALLOCATION
FOR
CERTAIN
STATES.—
‘‘(A) ALLOCATION.—For each of fiscal years
1998 through 2003, the Secretary shall allocate
on October 1, to States eligible under subpara-
graph (B), for use for projects described in para-
graph (1), $10,000,000 of the amounts set aside
under paragraph (1) from amounts to be appor-
tioned under subsection (b)(1)(A).
‘‘(B) ELIGIBLE STATES.—A State shall be
eligible for an allocation under subparagraph
(A) for a fiscal year if—
141
HR 2400 EAS
‘‘(i) the State ranks among the lowest
10 percent of States in a ranking of States
by per capita personal income;
‘‘(ii) for the State, the ratio that—
‘‘(I) the State’s estimated percent-
age of total Federal-aid highway pro-
gram apportionments for the period of
fiscal years 1998 through 2003 under
this title; bears to
‘‘(II) the percentage of estimated
total tax receipts attributable to high-
way users in the State paid into the
Highway Trust Fund (other than the
Mass Transit Account) for the period
of fiscal years 1998 through 2003;
is less than 1.00, as of the date of enactment
of this subsection; and
‘‘(iii)(I) the State’s estimated percent-
age of total Federal-aid highway program
apportionments for the period of fiscal years
1998 through 2003 under this title, as of the
date of enactment of this subsection; is less
than
‘‘(II) the State’s percentage of total
Federal-aid highway program apportion-
142
HR 2400 EAS
ments and Federal lands highways program
allocations under the Intermodal Surface
Transportation Efficiency Act of 1991 (105
Stat. 1914), and allocations under sections
1103 through 1108 of that Act, for the pe-
riod of fiscal years 1992 through 1997.
‘‘(C) ADDITIONAL ALLOCATION.—An alloca-
tion to a State under subparagraph (A) shall be
in addition to any allocation to the State under
paragraph (1).
‘‘(6) PERIOD
OF
AVAILABILITY
OF
DISCRE-
TIONARY
FUNDS.—Amounts made available under
this subsection shall remain available until ex-
pended.’’.
(b) CONFORMING AMENDMENT.—Section 118 of title
23, United States Code, is amended by striking subsection
(c).
SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECH-
NOLOGY DEPLOYMENT PROGRAM.
(a) IN GENERAL.—Chapter 3 of title 23, United States
Code, is amended by inserting after section 321 the follow-
ing:
‘‘§ 322. Magnetic levitation transportation technology
deployment program
‘‘(a) DEFINITIONS.—In this section:
143
HR 2400 EAS
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means the capital cost of the fixed
guideway infrastructure of a MAGLEV project, in-
cluding land, piers, guideways, propulsion equipment
and other components attached to guideways, power
distribution facilities (including substations), control
and communications facilities, access roads, and stor-
age, repair, and maintenance facilities, but not in-
cluding costs incurred for a new station.
‘‘(2) FULL
PROJECT
COSTS.—The term ‘full
project costs’ means the total capital costs of a
MAGLEV project, including eligible project costs and
the costs of stations, vehicles, and equipment.
‘‘(3) MAGLEV.—The term ‘MAGLEV’ means
transportation systems employing magnetic levitation
that would be capable of safe use by the public at a
speed in excess of 240 miles per hour.
‘‘(4) PARTNERSHIP POTENTIAL.—The term ‘part-
nership potential’ has the meaning given the term in
the commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102–240; 105 Stat. 1978).
‘‘(b) ASSISTANCE.—
144
HR 2400 EAS
‘‘(1) IN
GENERAL.—The Secretary shall make
available financial assistance to provide the Federal
share of full project costs of eligible projects selected
under this section.
‘‘(2) FEDERAL
SHARE.—The Federal share of
full project costs under paragraph (1) shall be not
more than 2⁄3.
‘‘(3) USE OF ASSISTANCE.—Financial assistance
provided under paragraph (1) shall be used only to
pay eligible project costs of projects selected under this
section.
‘‘(c) SOLICITATION
OF APPLICATIONS
FOR ASSIST-
ANCE.—Not later than 180 days after the date of enactment
of the Intermodal Surface Transportation Efficiency Act of
1998, the Secretary shall solicit applications from States,
or authorities designated by 1 or more States, for financial
assistance authorized by subsection (b) for planning, design,
and construction of eligible MAGLEV projects.
‘‘(d) PROJECT ELIGIBILITY.—To be eligible to receive
financial assistance under subsection (b), a project shall—
‘‘(1) involve a segment or segments of a high-
speed ground transportation corridor that exhibit
partnership potential;
‘‘(2) require an amount of Federal funds for
project financing that will not exceed the sum of—
145
HR 2400 EAS
‘‘(A) the amounts made available under
subsection (h)(1)(A); and
‘‘(B) the amounts made available by States
under subsection (h)(4);
‘‘(3) result in an operating transportation facil-
ity that provides a revenue producing service;
‘‘(4) be undertaken through a public and private
partnership, with at least 1⁄3 of full project costs paid
using non-Federal funds;
‘‘(5) satisfy applicable statewide and metropoli-
tan planning requirements;
‘‘(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
‘‘(7) to the extent that non-United States
MAGLEV technology is used within the United
States, be carried out as a technology transfer project;
and
‘‘(8) be carried out using materials at least 70
percent of which are manufactured in the United
States.
‘‘(e) PROJECT SELECTION CRITERIA.—Prior to solicit-
ing applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
146
HR 2400 EAS
receive financial assistance under subsection (b). The cri-
teria shall include the extent to which—
‘‘(1) a project is nationally significant, includ-
ing the extent to which the project will demonstrate
the feasibility of deployment of MAGLEV technology
throughout the United States;
‘‘(2) timely implementation of the project will
reduce congestion in other modes of transportation
and reduce the need for additional highway or airport
construction;
‘‘(3) States, regions, and localities financially
contribute to the project;
‘‘(4) implementation of the project will create
new jobs in traditional and emerging industries;
‘‘(5) the project will augment MAGLEV networks
identified as having partnership potential;
‘‘(6) financial assistance would foster public and
private partnerships for infrastructure development
and attract private debt or equity investment;
‘‘(7) financial assistance would foster the timely
implementation of a project; and
‘‘(8) life-cycle costs in design and engineering
are considered and enhanced.
‘‘(f) PROJECT SELECTION.—
147
HR 2400 EAS
‘‘(1) 
PRE-CONSTRUCTION
PLANNING
ACTIVI-
TIES.—
‘‘(A) Not later than 90 days after a dead-
line established by the Secretary for the receipt
of applications, the Secretary shall evaluate the
eligible projects in accordance with the selection
criteria and select one or more eligible projects to
receive financial assistance for pre-construction
planning activities, including—
‘‘(i) preparation of feasibility studies,
major investment studies, and environ-
mental impact statements and assessments
as are required under State law;
‘‘(ii) pricing of the final design, engi-
neering, and construction activities pro-
posed to be assisted under paragraph (2);
and
‘‘(iii) such other activities as are nec-
essary to provide the Secretary with suffi-
cient information to evaluate whether a
project should receive financial assistance
for final design, engineering, and construc-
tion activities under paragraph (2).
148
HR 2400 EAS
‘‘(B) Notwithstanding subsection (a)(1) of
this section, eligible project costs shall include the
cost of pre-construction planning activities.
‘‘(2) FINAL
DESIGN, ENGINEERING, AND
CON-
STRUCTION ACTIVITIES.—After completion of pre-con-
struction planning activities for all projects assisted
under paragraph (1), the Secretary shall select one of
the projects to receive financial assistance for final
design, engineering, and construction activities.
‘‘(g) JOINT VENTURES.—A project undertaken by a
joint venture of United States and non-United States per-
sons (including a project involving the deployment of non-
United States MAGLEV technology in the United States)
shall be eligible for financial assistance under this section
if the project is eligible under subsection (d) and selected
under subsection (f).
‘‘(h) FUNDING.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION
OF
CONTRACT
AU-
THORITY.—
‘‘(i) IN
GENERAL.—There shall be
available from the Highway Trust Fund
(other than the Mass Transit Account) to
carry out this section $10,000,000 for fiscal
149
HR 2400 EAS
year 1999 and $20,000,000 for fiscal year
2000.
‘‘(ii) CONTRACT
AUTHORITY.—Funds
authorized under this subparagraph shall be
available for obligation in the same manner
as if the funds were apportioned under
chapter 1, except that—
‘‘(I) the Federal share of the cost
of a project carried out under this sec-
tion shall be determined in accordance
with subsection (b); and
‘‘(II) the availability of the funds
shall be determined in accordance with
paragraph (2).
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—
‘‘(i) IN GENERAL.—There are author-
ized to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) 
to 
carry 
out 
this 
section
$200,000,000 for each of fiscal years 2000
and 2001, $250,000,000 for fiscal year
2002, and $300,000,000 for fiscal year
2003.
150
HR 2400 EAS
‘‘(ii) AVAILABILITY.—Notwithstanding
section 118(a), funds made available under
clause (i) shall not be available in advance
of an annual appropriation.
‘‘(2) AVAILABILITY
OF
FUNDS.—Funds made
available under paragraph (1) shall remain available
until expended.
‘‘(3) OTHER FEDERAL FUNDS.—Notwithstanding
any other provision of law, funds made available to
a State to carry out the surface transportation pro-
gram under section 133 and the congestion mitigation
and air quality improvement program under section
149 may be used by the State to pay a portion of the
full project costs of an eligible project selected under
this section, without requirement for non-Federal
funds.
‘‘(4) OTHER ASSISTANCE.—Notwithstanding any
other provision of law, an eligible project selected
under this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Infrastructure Finance and Innova-
tion Act of 1998, including loans, loan guarantees,
and lines of credit.’’.
151
HR 2400 EAS
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code, is amended by
inserting after the item relating to section 321 the following:
‘‘322. Magnetic levitation transportation technology deployment program.’’.
SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.
(a) DEFINITIONS.—Section 404 of the Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 628) is
amended—
(1) in paragraph (3), by striking ‘‘, including
approaches thereto’’; and
(2) in paragraph (5), by striking ‘‘to be deter-
mined under section 407. Such’’ and all that follows
and inserting the following: ‘‘as described in the
record of decision executed by the Secretary in com-
pliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.). The term includes
ongoing short-term rehabilitation and repairs to the
Bridge.’’.
(b) OWNERSHIP OF BRIDGE.—
(1) CONVEYANCE BY THE SECRETARY.—Section
407(a)(1) of the Woodrow Wilson Memorial Bridge
Authority Act of 1995 (109 Stat. 630) is amended by
inserting ‘‘or any Capital Region jurisdiction’’ after
‘‘Authority’’ each place it appears.
(2) AGREEMENT.—Section 407 of the Woodrow
Wilson Memorial Bridge Authority Act of 1995 (109
152
HR 2400 EAS
Stat. 630) is amended by striking subsection (c) and
inserting the following:
‘‘(c) AGREEMENT.—
‘‘(1) IN GENERAL.—The agreement referred to in
subsection (a) is an agreement concerning the Project
that is executed by the Secretary and the Authority
or any Capital Region jurisdiction that accepts own-
ership of the Bridge.
‘‘(2) TERMS OF THE AGREEMENT.—The agree-
ment shall—
‘‘(A) identify whether the Authority or a
Capital Region jurisdiction will accept owner-
ship of the Bridge;
‘‘(B) contain a financial plan satisfactory
to the Secretary, which shall be prepared before
the execution of the agreement, that specifies—
‘‘(i) the total cost of the Project, in-
cluding any cost-saving measures;
‘‘(ii) a schedule for implementation of
the Project, including whether any expedited
design and construction techniques will be
used; and
‘‘(iii) the sources of funding that will
be used to cover any costs of the Project not
153
HR 2400 EAS
funded from funds made available under
section 412;
‘‘(C) require that—
‘‘(i)(I) the Project include not more
than 12 traffic lanes, of which 2 lanes shall
be exclusively for use by high occupancy ve-
hicles, express buses, or rail transit; and
‘‘(II) the design, construction, and op-
eration of the Project reflect the require-
ments of subclause (I);
‘‘(ii) all provisions described in the en-
vironmental 
impact 
statement 
for 
the
Project or the record of decision for the
Project (including in the attachments to the
statement and record) for mitigation of en-
vironmental and other impacts of the
Project be implemented; and
‘‘(iii) the Authority and the Capital
Region jurisdictions develop a process to
fully integrate affected local governments,
on an ongoing basis, in the process of carry-
ing out the engineering, design, and con-
struction phases of the project, including
planning for implementing the provisions
described in clause (ii); and
154
HR 2400 EAS
‘‘(D) contain such other terms and condi-
tions as the Secretary determines to be appro-
priate.’’.
(c) FEDERAL CONTRIBUTION.—The Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 627) is
amended by adding at the end the following:
‘‘SEC. 412. FEDERAL CONTRIBUTION.
‘‘(a) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) $100,000,000 for fiscal year 1998,
$100,000,000 for fiscal year 1999, $125,000,000 for
fiscal year 2000, $175,000,000 for fiscal year 2001,
$200,000,000 for fiscal year 2002, and $200,000,000
for fiscal year 2003, to pay the costs of planning, pre-
liminary engineering and design, final engineering,
acquisition of rights-of-way, and construction of the
Project, except that the costs associated with the
Bridge shall be given priority over other eligible costs,
other than design costs, of the Project.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this section shall be available for obligation in
the same manner as if the funds were apportioned
under chapter 1 of title 23, United States Code, except
that—
155
HR 2400 EAS
‘‘(A) the funds shall remain available until
expended;
‘‘(B) the Federal share of the cost of the
Bridge component of the Project shall not exceed
100 percent; and
‘‘(C) the Federal share of the cost of any
other component of the Project shall not exceed
80 percent.
‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in this
title limits the authority of any Capital Region jurisdiction
to use funds apportioned to the jurisdiction under para-
graph (1) or (3) of section 104(b) of title 23, United States
Code, in accordance with the requirements for such funds,
to pay any costs of the Project.
‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None of
the funds made available under this section shall be avail-
able before the execution of the agreement described in sec-
tion 407(c), except that the Secretary may fund the mainte-
nance and rehabilitation of the Bridge and the design of
the Project.’’.
(d) CONFORMING AMENDMENT.—Section 405(b)(1) of
the Woodrow Wilson Memorial Bridge Authority Act of
1995 (109 Stat. 629) is amended by striking ‘‘the Signato-
ries as to the Federal share of the cost of the Project and
156
HR 2400 EAS
the terms and conditions related to the timing of the trans-
fer of the Bridge to’’.
SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.
The National Highway System consists of the routes
and transportation facilities depicted on the map submitted
by the Secretary to Congress with the report entitled ‘‘Pull-
ing Together: The National Highway System and its Con-
nections to Major Intermodal Terminals’’ and dated May
24, 1996.
SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILI-
TATION.
(a) IN GENERAL.—Section 144 of title 23, United
States Code, is amended—
(1) in the section heading, by striking ‘‘pro-
gram’’;
(2) by striking subsections (a) through (n), (p),
and (q);
(3) by inserting after the section heading the fol-
lowing:
‘‘(a) DEFINITION OF REHABILITATE.—In this section,
the term ‘rehabilitate’ (in any of its forms), with respect
to a bridge, means to carry out major work necessary—
‘‘(1) to address the structural deficiencies, func-
tional obsolescence, or physical deterioration of the
bridge; or
157
HR 2400 EAS
‘‘(2) to correct a major safety defect of the bridge,
including seismic retrofitting.
‘‘(b) BRIDGE INVENTORY.—
‘‘(1) IN
GENERAL.—In consultation with the
States, the Secretary shall—
‘‘(A) 
annually 
inventory 
all 
highway
bridges on public roads that cross waterways,
other topographical barriers, other highways,
and railroads;
‘‘(B) classify each such bridge according to
serviceability, safety, and essentiality for public
use; and
‘‘(C) assign each such bridge a priority for
replacement or rehabilitation based on the classi-
fication under subparagraph (B).
‘‘(2) CONSULTATION.—In preparing an inven-
tory of highway bridges on Indian reservation roads
and park roads under paragraph (1), the Secretary
shall consult with the Secretary of the Interior and
the States.
‘‘(3) INVENTORY OF HISTORICAL BRIDGES.—At
the request of a State, the Secretary may inventory
highway bridges on public roads for historical signifi-
cance.
158
HR 2400 EAS
‘‘(c) CERTIFICATION BY THE STATE.—Not later than
180 days after the end of each fiscal year beginning with
fiscal year 1998, each State shall certify to the Secretary,
either that—
‘‘(1) the State has reserved, from funds appor-
tioned to the State for the preceding fiscal year, to
carry out bridge projects eligible under sections
103(b)(5), 119, and 133(b), an amount that is not less
than the amount apportioned to the State under this
section for fiscal year 1997; or
‘‘(2) the amount that the State will reserve, from
funds apportioned to the State for the period consist-
ing of fiscal years 1998 through 2001, to carry out
bridge projects eligible under sections 103(b)(5), 119,
and 133(b), will be not less than 4 times the amount
apportioned to the State under this section for fiscal
year 1997.
‘‘(d) USE OF RESERVED FUNDS.—A State may use
funds reserved under subsection (c) to replace, rehabilitate,
reconstruct, seismically retrofit, paint, apply calcium mag-
nesium acetate to, apply sodium acetate/formate deicer to,
or install scour countermeasures on a highway bridge on
a public road that crosses a waterway, other topographical
barrier, other highway, or railroad.
‘‘(e) OFF-SYSTEM BRIDGES.—
159
HR 2400 EAS
‘‘(1) REQUIRED EXPENDITURE.—For each fiscal
year, an amount equal to not less than 15 percent of
the amount apportioned to a State under this section
for fiscal year 1997 shall be expended by the State for
projects to replace, rehabilitate, reconstruct, seis-
mically retrofit, paint, apply calcium magnesium ac-
etate to, apply sodium acetate/formate deicer to, or
install scour countermeasures on highway bridges lo-
cated on public roads that are functionally classified
as local roads or rural minor collectors.
‘‘(2) USE OF FUNDS TO MEET REQUIRED EX-
PENDITURE.—Funds reserved under subsection (c)
and funds made available under section 104(b)(1) for
the National Highway System or under section
104(b)(3) for the surface transportation program may
be used to meet the requirement for expenditure under
paragraph (1).
‘‘(3) REDUCTION OF REQUIRED EXPENDITURE.—
After consultation with local and State officials in a
State, the Secretary may, with respect to the State,
reduce the requirement for expenditure under para-
graph (1) if the Secretary determines that the State
has inadequate needs to justify the expenditure.
160
HR 2400 EAS
‘‘(f) FEDERAL SHARE.—The Federal share of the cost
of a project under this section shall be as determined under
section 120(b).
‘‘(g) BRIDGE PERMIT EXEMPTION.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
notwithstanding any other provision of law, the Gen-
eral Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall
apply to each bridge authorized to be replaced, in
whole or in part, under this section.
‘‘(2) EXCEPTION.—Section 502(b) of the General
Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9
of the Act of March 3, 1899 (30 Stat. 1151, chapter
425; 33 U.S.C. 401), shall not apply to any bridge
constructed, reconstructed, rehabilitated, or replaced
with assistance under this title if the bridge is over
waters that are—
‘‘(A) not used and not susceptible to use in
their natural condition or by reasonable im-
provement as a means to transport interstate or
foreign commerce; and
‘‘(B)(i) not tidal; or
‘‘(ii) tidal but used only by recreational
boating, fishing, and other small vessels that are
less than 21 feet in length.
‘‘(h) INDIAN RESERVATION ROAD BRIDGES.—
161
HR 2400 EAS
‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Sec-
retary shall establish a nationwide priority program
for improving deficient Indian reservation road
bridges.
‘‘(2) RESERVATION OF FUNDS.—
‘‘(A) IN GENERAL.—Of the amounts author-
ized for Indian reservation roads for each fiscal
year, the Secretary, in cooperation with the Sec-
retary of the Interior, shall reserve not less than
$9,000,000 for projects to replace, rehabilitate,
seismically retrofit, paint, apply calcium magne-
sium acetate to, apply sodium acetate/formate
deicer to, or install scour countermeasures for de-
ficient Indian reservation road bridges, includ-
ing multiple-pipe culverts.
‘‘(B) ELIGIBLE BRIDGES.—To be eligible to
receive funding under this subsection, a bridge
described in subparagraph (A) must—
‘‘(i) have an opening of 20 feet or
more;
‘‘(ii) be on an Indian reservation road;
‘‘(iii) be unsafe because of structural
deficiencies, physical deterioration, or func-
tional obsolescence; and
162
HR 2400 EAS
‘‘(iv) be recorded in the national bridge
inventory administered by the Secretary
under subsection (b).
‘‘(3) APPROVAL REQUIREMENT.—Funds to carry
out Indian reservation road bridge projects under this
subsection shall be made available only on approval
of plans, specifications, and estimates by the Sec-
retary.’’;
(4) by redesignating subsection (o) as subsection
(i); and
(5) in subsection (i) (as so redesignated)—
(A) in paragraph (1), by inserting ‘‘for al-
ternative transportation purposes (including
bikeway and walkway projects eligible for fund-
ing under this title)’’ after ‘‘adaptive reuse’’;
(B) in paragraph (3)—
(i) by inserting ‘‘(regardless of whether
the intended use is for motorized vehicular
traffic or for alternative public transpor-
tation purposes)’’ after ‘‘intended use’’; and
(ii) by inserting ‘‘or for alternative
public transportation purposes’’ after ‘‘no
longer used for motorized vehicular traffic’’;
and
163
HR 2400 EAS
(C) in the second sentence of paragraph
(4)—
(i) by inserting ‘‘for motorized vehicles,
alternative vehicular traffic, or alternative
public 
transportation’’ 
after 
‘‘historic
bridge’’; and
(ii) by striking ‘‘up to an amount not
to exceed the cost of demolition’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 144 and inserting the
following:
‘‘144. Highway bridge replacement and rehabilitation.’’.
SEC. 1123. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
(a) ESTABLISHED PROGRAM.—Section 149(a) of title
23, United States Code, is amended by striking ‘‘ESTAB-
LISHMENT.—The Secretary shall establish’’ and inserting
‘‘IN GENERAL.—The Secretary shall carry out’’.
(b) ELIGIBLE PROJECTS.—Section 149(b) of title 23,
United States Code, is amended in the first sentence—
(1) by striking ‘‘that was designated as a non-
attainment area under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)) during any part of fiscal
year 1994’’ and inserting ‘‘that is designated as a
nonattainment area under section 107(d) of the Clean
164
HR 2400 EAS
Air Act (42 U.S.C. 7407(d)) and classified under sec-
tion 181(a) or 186(a) of the Clean Air Act (42 U.S.C.
7511(a), 7512(a)) or classified as a submarginal
ozone nonattainment area under that Act, or if the
project or program is for a maintenance area,’’;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking
‘‘clauses (xii) and’’ and inserting ‘‘clause’’; and
(B) in subparagraph (B), by striking ‘‘such
section’’ and inserting ‘‘section 108(f)(1)(A)
(other than clause (xvi)) of the Clean Air Act (42
U.S.C. 7408(f)(1)(A))’’;
(3) in paragraph (2), by inserting ‘‘or mainte-
nance’’ after ‘‘State implementation’’;
(4) in paragraph (3), by inserting ‘‘or mainte-
nance of the standard’’ after ‘‘standard’’; and
(5) in paragraph (4), by inserting ‘‘or mainte-
nance’’ after ‘‘attainment’’.
(c) STATES RECEIVING MINIMUM APPORTIONMENT.—
Section 149 of title 23, United States Code, is amended by
striking subsection (c) and inserting the following:
‘‘(c) 
STATES
RECEIVING
MINIMUM
APPORTION-
MENT.—
‘‘(1) 
STATES
WITHOUT
A
NONATTAINMENT
AREA.—If a State does not have, and never has had,
165
HR 2400 EAS
a nonattainment area designated under the Clean Air
Act (42 U.S.C. 7401 et seq.), the State may use funds
apportioned to the State under section 104(b)(2) for
any project eligible under the surface transportation
program under section 133.
‘‘(2) STATES WITH A NONATTAINMENT AREA.—If
a State has a nonattainment area or maintenance
area and receives funds under section 104(b)(2)(D)
above the amount of funds that the State would have
received based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of
section 104(b)(2), the State may use that portion of
the funds not based on its nonattainment and mainte-
nance area population under subparagraphs (B) and
(C) of section 104(b)(2) for any project in the State
eligible under section 133.’’.
(d) FEDERAL SHARE.—Section 120(c) of title 23,
United States Code, is amended in the first sentence by
striking ‘‘The’’ and inserting ‘‘Except in the case of a
project funded from sums apportioned under section
104(b)(2), the’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 101(a) of title 23, United States
Code, is amended by inserting after the undesignated
paragraph defining ‘‘maintenance’’ the following:
166
HR 2400 EAS
‘‘The term ‘maintenance area’ means an area that was
designated as a nonattainment area, but was later redesig-
nated by the Administrator of the Environmental Protec-
tion Agency as an attainment area, under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)).’’.
(2) Section 149(b)(1)(A)(ii) of title 23, United
States Code, is amended by striking ‘‘an area’’ and
all that follows and inserting ‘‘a maintenance area;
or’’.
SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.
Section 355 of the National Highway System Designa-
tion Act of 1995 (109 Stat. 624) is amended—
(1) in the section heading, by striking ‘‘AND
MAINE’’;
(2) in subsection (a)—
(A) by striking ‘‘States of New Hampshire
and Maine shall each’’ and inserting ‘‘State of
New Hampshire shall’’; and
(B) in paragraph (1), by striking ‘‘and
1996’’ and inserting ‘‘through 2000’’; and
(3) by striking ‘‘or Maine’’ each place it appears.
SEC. 1125. SENSE OF THE SENATE CONCERNING RELIANCE
ON PRIVATE ENTERPRISE.
(a) IN GENERAL.—It is the sense of the Senate that
each agency authorized to expend funds made available
167
HR 2400 EAS
under this Act, or an amendment made by this Act, or a
recipient of any form of a grant or other Federal assistance
under this Act, or an amendment made by this Act—
(1) should, in expending the funds or assistance,
rely on entities in the private enterprise system to
provide such goods and services as are reasonably and
expeditiously available through ordinary business
channels; and
(2) shall not duplicate or compete with entities
in the private enterprise system.
(b) PROCEDURES.—The Secretary should provide pro-
cedures to inform each agency that administers this Act and
each recipient of a grant or other Federal assistance of the
sense of the Senate expressed in subsection (a).
SEC. 1126. STUDY OF USE OF UNIFORMED POLICE OFFI-
CERS ON FEDERAL-AID HIGHWAY CONSTRUC-
TION PROJECTS.
(a) IN GENERAL.—In consultation with the States and
State transportation departments, the Secretary shall con-
duct a study on the extent and effectiveness of use by States
of uniformed police officers on Federal-aid highway con-
struction projects.
(b) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to Con-
gress a report on the results of the study conducted under
168
HR 2400 EAS
subsection (a), including any legislative and administrative
recommendations of the Secretary.
SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN
SERVICES.
Section 112(b)(2) of title 23, United States Code, is
amended—
(1) in subparagraph (B)(i), by striking ‘‘, except
to’’ and all that follows through ‘‘services’’;
(2) by striking subparagraph (C) and inserting
the following:
‘‘(C) SELECTION, PERFORMANCE, AND AU-
DITS.—
‘‘(i) IN
GENERAL.—All requirements
for architectural, engineering, and related
services at any phase of a highway project
funded in whole or in part with Federal-aid
highway funds, or reasonably expected or
intended to be part of 1 or more such
projects, shall be performed under a con-
tract awarded in accordance with subpara-
graph (A) unless the simplified acquisition
procedures of the Federal Acquisition Regu-
lations apply.
‘‘(ii) PROHIBITION ON STATE RESTRIC-
TION.—A State shall not impose any over-
169
HR 2400 EAS
head restriction, or salary limitation incon-
sistent with the Federal Acquisition Regula-
tions, that would preclude any qualified
firm from being eligible to compete for con-
tracts awarded in accordance with subpara-
graph (A).
‘‘(iii) COMPLIANCE WITH FEDERAL AC-
QUISITION REGULATIONS.—The process for
selection, award, performance, administra-
tion, and audit of the resulting contracts
shall comply with the procedures, cost prin-
ciples, and cost accounting principles of the
Federal Acquisition Regulations, including
parts 30, 31, and 36 of the Regulations.’’;
and
(3) by adding at the end the following:
‘‘(H) COMPLIANCE.—
‘‘(i) IN GENERAL.—A State shall com-
ply with the qualifications-based selection
procedures of the Federal Acquisition Regu-
lations, and the single audit procedures re-
quired under this paragraph, or with an ex-
isting State law or a statute enacted in ac-
cordance with the legislative session exemp-
tion under subparagraph (G), with respect
170
HR 2400 EAS
to any architecture, engineering, or related
service contract for any phase of a Federal-
aid highway project.
‘‘(ii) 
STATES
WITH
ALTERNATIVE
PROCESS.—Any State that, after November
28, 1995, enacted legislation to establish an
alternative State procedure as a substitute
for the contract administration and audit
procedures required under this paragraph
or was granted a waiver under subpara-
graph (G) shall submit the legislation to the
Secretary, not later than 60 days after the
date of enactment of this subparagraph, for
certification that the State legislation is in
compliance with the statutory timetable and
substantive criteria specified in subpara-
graph (G).’’.
SEC. 1128. ADDITIONAL FUNDING.
(a) IN GENERAL.—
(1) APPORTIONMENT.—On October 1, or as soon
as practicable thereafter, of each fiscal year, after
making apportionments and allocations under sec-
tions 104 and 105(a) of title 23, United States Code,
and section 1102(c) of this Act, the Secretary shall
apportion, in accordance with paragraph (2), the
171
HR 2400 EAS
funds made available by paragraph (3) among the
States in the ratio that—
(A) the total of the apportionments to each
State under section 104 of title 23, United States
Code, and section 1102(c) of this Act and the al-
locations to each State under section 105(a) of
that title (excluding amounts made available
under this section); bears to
(B) the total of all apportionments to all
States under section 104 of that title and section
1102(c) of this Act and all allocations to all
States under section 105(a) of that title (exclud-
ing amounts made available under this section).
(2) DISTRIBUTION AMONG CATEGORIES.—
(A) LIMITED FLEXIBLE FUNDING FOR CER-
TAIN STATES.—For each fiscal year, in the case
of each State that does not receive funding under
subsection (c) or an allocation under subsection
(d), an amount equal to 22 percent of the funds
apportioned to the State under paragraph (1)
shall be set aside for use by the State for any
purpose eligible for funding under title 23,
United States Code, or this Act.
(B) DISTRIBUTION OF REMAINING FUNDS.—
172
HR 2400 EAS
(i) IN GENERAL.—For each fiscal year,
after application of subparagraph (A), the
remaining funds apportioned to each State
under paragraph (1) shall be apportioned
in accordance with clause (ii) among the
following categories:
(I) The Interstate maintenance
component of the Interstate and Na-
tional 
Highway 
System 
program
under section 104(b)(1)(A) of title 23,
United States Code.
(II) The Interstate bridge compo-
nent of the Interstate and National
Highway System program under sec-
tion 104(b)(1)(B) of that title.
(III) The National Highway Sys-
tem component of the Interstate and
National Highway System program
under section 104(b)(1)(C) of that title.
(IV) The congestion mitigation
and air quality improvement program
under section 104(b)(2) of that title.
(V) The surface transportation
program under section 104(b)(3) of
that title.
173
HR 2400 EAS
(VI) Metropolitan planning under
section 104(f) of that title.
(VII) Minimum guarantee under
section 105 of that title.
(VIII) ISTEA transition under
section 1102(c) of this Act.
(ii) 
DISTRIBUTION
FORMULA.—For
each State and each fiscal year, the amount
of funds apportioned for each category
under clause (i) shall be equal to the prod-
uct obtained by multiplying—
(I) the amount of funds appor-
tioned to the State for the fiscal year
under paragraph (1); by
(II) the ratio that—
(aa) the amount of funds ap-
portioned to the State for the cat-
egory for the fiscal year under the
other sections of this Act and the
amendments made by this Act;
bears to
(bb) the total amount of
funds apportioned to the State for
all of the categories for the fiscal
year under the other sections of
174
HR 2400 EAS
this Act and the amendments
made by this Act.
(3) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $640,000,000 for fiscal year 1998,
$3,346,000,000 
for 
fiscal 
year 
1999,
$3,634,000,000 
for 
fiscal 
year 
2000,
$3,881,000,000 
for 
fiscal 
year 
2001,
$3,831,000,000 
for 
fiscal 
year 
2002, 
and
$3,603,000,000 for fiscal year 2003.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(b) OTHER ADJUSTMENTS.—
(1) 
IN
GENERAL.—Notwithstanding 
sections
1116, 1117, and 1118, and the amendments made by
those sections—
(A) in addition to the amounts authorized
to be appropriated under section 1116(d)(5),
there shall be available from the Highway Trust
175
HR 2400 EAS
Fund (other than the Mass Transit Account) to
carry out section 1116(d) $90,000,000 for each of
fiscal years 1999 through 2003; and
(B) in addition to the funds made available
under the amendment made by section 1117(d),
there shall be available from the Highway Trust
Fund (other than the Mass Transit Account) in
the manner described in, and to carry out the
purposes 
specified 
in, 
that 
amendment
$378,000,000 for each of fiscal years 1999
through 2003, except that the funds made avail-
able under this subparagraph, notwithstanding
section 118(e)(1)(C)(v) of title 23, United States
Code, and section 201(g)(1)(B) of the Appalach-
ian Regional Development Act of 1965 (40
U.S.C. App.), shall be subject to subparagraphs
(A) and (B) of section 118(e)(1) of that title.
(2) CONTRACT
AUTHORITY.—Funds authorized
under subparagraphs (A) and (B) of paragraph (1)
shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(3) LIMITATION.—No obligation authority shall
be made available for any amounts authorized under
this subsection for any fiscal year for which any obli-
176
HR 2400 EAS
gation limitation established for Federal-aid high-
ways is less than the obligation limitation established
for fiscal year 1998.
(c) HIGH DENSITY TRANSPORTATION PROGRAM.—
(1) IN GENERAL.—There is established the high
density transportation program (referred to in this
subsection as the ‘‘program’’) to provide funding to
States that have higher-than-average population den-
sity.
(2) DETERMINATIONS.—
(A) IN GENERAL.—On October 1, or as soon
as practicable thereafter, of each of fiscal years
1999 through 2003, the Secretary shall determine
for each State and the fiscal year—
(i) the population density of the State;
(ii) the total vehicle miles traveled on
lanes on Federal-aid highways in the State
during the latest year for which data are
available;
(iii) the ratio that—
(I) the total lane miles on Fed-
eral-aid highways in urban areas in
the State; bears to
(II) the total lane miles on all
Federal-aid highways in the State; and
177
HR 2400 EAS
(iv) the quotient obtained by divid-
ing—
(I) the sum of—
(aa) the amounts appor-
tioned to the State under section
104 of title 23, United States
Code, for the Interstate and Na-
tional Highway System program,
the surface transportation pro-
gram, and the congestion mitiga-
tion and air quality improvement
program;
(bb) the amounts allocated to
the State under the minimum
guarantee program under section
105 of that title; and
(cc) the amounts apportioned
to the State under section 1102(c)
of this Act for ISTEA transition;
by
(II) the population of the State
(as determined based on the latest
available annual estimates prepared by
the Secretary of Commerce).
178
HR 2400 EAS
(B) NATIONAL AVERAGE.—Using the data
determined under subparagraph (A), the Sec-
retary shall determine the national average with
respect to each of the factors described in clauses
(i) through (iv) of subparagraph (A).
(3) ELIGIBILITY CRITERIA.—A State shall be eli-
gible to receive funding under the program if—
(A) the amount determined for the State
under paragraph (2)(A) with respect to each fac-
tor described in clauses (i) through (iii) of para-
graph (2)(A) is greater than the national aver-
age with respect to the factor determined under
paragraph (2)(B); and
(B) the amount determined for the State
with respect to the factor described in paragraph
(2)(A)(iv) is less than 85 percent of the national
average with respect to the factor determined
under paragraph (2)(B).
(4) DISTRIBUTION OF FUNDS.—
(A) AVAILABILITY
TO
STATES.—For each
fiscal year, except as provided in subparagraph
(D), each State that meets the eligibility criteria
under paragraph (3) shall receive a portion of
the funds made available to carry out the pro-
gram that is—
179
HR 2400 EAS
(i) not less than $36,000,000; but
(ii) not more than 15 percent of the
funds.
(B) STATE NOTIFICATION.—On October 1,
or as soon as practicable thereafter, of each fiscal
year, the Secretary shall notify each State that
meets the eligibility criteria under paragraph (3)
that the State is eligible to apply for funding
under the program.
(C) PROJECT PROPOSALS.—
(i) SUBMISSION.—
(I) IN GENERAL.—After receipt of
a notification of eligibility under sub-
paragraph (B), to receive funds under
the program, a State, in consultation
with the appropriate metropolitan
planning organizations, shall submit
to the Secretary proposals for projects
aimed at improving mobility in dense-
ly populated areas where traffic loads
and highway maintenance costs are
high.
(II) TOTAL COST OF PROJECTS.—
The estimated total cost of the projects
proposed by each State shall be equal
180
HR 2400 EAS
to at least 3 times the amount that the
State is eligible to receive under sub-
paragraph (A).
(ii) SELECTION.—The Secretary shall
select projects for funding under the pro-
gram based on factors determined by the
Secretary to reflect the degree to which a
project will improve mobility in densely
populated areas where traffic loads and
highway maintenance costs are high.
(iii) DEADLINES.—The Secretary may
establish deadlines for States to submit
project proposals, except that in the case of
fiscal year 1998 the deadline may not be
earlier than July 1, 1998.
(D) REDISTRIBUTION OF FUNDS.—For each
fiscal year, if a State does not have pending, by
the deadline established under subparagraph
(C)(iii), applications for projects with an esti-
mated total cost equal to at least 3 times the
amount that the State is eligible to receive under
subparagraph (A), the Secretary may redistrib-
ute, to 1 or more other States, at the Secretary’s
discretion, 1⁄3 of the amount by which the esti-
mated cost of the State’s applications is less than
183
HR 2400 EAS
is greater than or equal to 0.26.
(D) APPORTIONMENTS
PER
CAPITA.—The
amount determined for the State with respect to
the factor described in paragraph (2)(A)(iv) is
less than 85 percent of the national average with
respect to the factor determined under paragraph
(2)(B).
(7) ELIGIBLE PROJECTS.—Funds made available
to carry out the program may be used for any project
eligible for funding under title 23, United States
Code, or this Act.
(8) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $360,000,000 for each of fiscal years 1999
through 2003.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(9) LIMITATIONS.—
184
HR 2400 EAS
(A) APPLICABILITY OF OBLIGATION LIMITA-
TIONS.—Funds made available under this sub-
section shall be subject to subparagraphs (A) and
(B) of section 118(e)(1) of that title.
(B) LIMITATION ON AVAILABILITY.—No ob-
ligation authority shall be made available for
any amounts authorized under this subsection
for any fiscal year for which any obligation lim-
itation established for Federal-aid highways is
less than the obligation limitation established for
fiscal year 1998.
(d) BONUS PROGRAM.—
(1) IN GENERAL.—For each of fiscal years 1998
through 2003, after making apportionments and allo-
cations under section 1102 and the amendments made
by that section, the Secretary shall allocate to each of
the States listed in the following table the amount
specified for the State in the following table:
State
Fiscal Year (amounts in thousands of dollars)
1998
1999
2000
2001
2002
2003
Alabama
$4,969
$11,021
$11,093
$11,169
$11,253
$11,352
Arizona
$3,864
$14,418
$14,474
$14,533
$14,598
$14,676
California
$10,353
$47,050
$48,691
$48,094
$39,345
$35,119
Florida
$11,457
$30,175
$30,342
$30,518
$30,710
$30,940
Georgia
$8,723
$19,347
$19,474
$19,608
$19,754
$19,930
Illinois
$8,277
$21,800
$21,921
$22,048
$22,187
$22,353
Indiana
$6,052
$22,580
$22,668
$22,761
$22,862
$22,984
Kentucky
$4,316
$9,573
$9,636
$9,703
$9,775
$9,862
185
HR 2400 EAS
State
Fiscal Year (amounts in thousands of dollars)
1998
1999
2000
2001
2002
2003
Maryland
$3,749
$4,202
$4,257
$4,314
$4,377
$4,452
Michigan
$7,849
$29,286
$29,400
$29,521
$29,652
$29,810
North Carolina
$7,032
$15,597
$15,700
$15,808
$15,925
$16,067
Ohio
$8,567
$9,601
$9,726
$9,858
$10,001
$10,173
Pennsylvania
$5,409
$4,174
$60
$0
$0
$0
South Carolina
$3,953
$12,966
$13,023
$13,084
$13,150
$13,230
Tennessee
$5,631
$12,490
$12,572
$12,658
$12,752
$12,866
Texas
$17,129
$63,908
$64,157
$64,421
$64,707
$65,052
Virginia
$6,368
$14,124
$14,217
$14,315
$14,421
$14,549
Wisconsin
$4,520
$16,864
$16,929
$16,999
$17,075
$17,165
(2) ELIGIBLE
PURPOSES.—Amounts allocated
under paragraph (1) shall be available for any pur-
pose eligible for funding under title 23, United States
Code, or this Act.
(3) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) such sums as are nec-
essary to carry out this subsection.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(4) LIMITATIONS.—
186
HR 2400 EAS
(A) APPLICABILITY OF OBLIGATION LIMITA-
TIONS.—Funds made available under this sub-
section shall be subject to subparagraphs (A) and
(B) of section 118(e)(1) of that title.
(B) LIMITATION ON AVAILABILITY.—No ob-
ligation authority shall be made available for
any amounts authorized under this subsection
for any fiscal year for which any obligation lim-
itation established for Federal-aid highways is
less than the obligation limitation established for
fiscal year 1998.
(e) FEDERAL LANDS HIGHWAYS PROGRAM.—
(1) IN GENERAL.—In addition to the amounts
made available under section 1101(4), there shall be
available from the Highway Trust Fund (other than
the Mass Transit Account)—
(A) for Indian reservation roads under sec-
tion 204 of title 23, United States Code,
$50,000,000 for each of fiscal years 1999 through
2003;
(B) for parkways and park roads under sec-
tion 204 of title 23, United States Code,
$70,000,000 for each of fiscal years 1999 through
2003, of which $20,000,000 for each fiscal year
shall be available to maintain and improve pub-
187
HR 2400 EAS
lic roads that provide access to or within units
of the National Wildlife Refuge System; and
(C) for public lands highways under section
204 of title 23, United States Code, $50,000,000
for each of fiscal years 1999 through 2003.
(2) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) such sums as are nec-
essary to carry out this subsection.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(3) LIMITATIONS.—
(A) APPLICABILITY OF OBLIGATION LIMITA-
TIONS.—Funds made available under this sub-
section shall be subject to subparagraphs (A) and
(B) of section 118(e)(1) of that title.
(B) LIMITATION ON AVAILABILITY.—No ob-
ligation authority shall be made available for
any amounts authorized under this subsection
for any fiscal year for which any obligation lim-
188
HR 2400 EAS
itation established for Federal-aid highways is
less than the obligation limitation established for
fiscal year 1998.
(f) PREFERENCE IN INTERSTATE 4R AND BRIDGE DIS-
CRETIONARY PROGRAM ALLOCATIONS.—In allocating funds
under section 104(k) of title 23, United States Code, the
Secretary shall give preference to States—
(1)(A) with respect to which at least 40 percent
of the bridges in the State are functionally obsolete
and structurally deficient; and
(B) that do not receive assistance made available
under subsection (b)(1)(B) or funding under sub-
section (c); or
(2) that are bordered by 2 navigable rivers listed
under section 1804 of title 33, United States Code,
that each comprise at least 10 percent of the boundary
of the State.
(g) ADDITIONAL ALLOCATIONS.—
(1) IN GENERAL.—For each of fiscal years 1999
through 2003, after making apportionments and allo-
cations under sections 104 and 105(a) of title 23,
United States Code, and section 1102(c) of this Act,
the Secretary shall allocate to each of the following
States the following amount specified for the State:
(A) Arizona: $7,016,000.
189
HR 2400 EAS
(B) Indiana: $9,290,000.
(C) Michigan: $11,158,000.
(D) Oklahoma: $6,924,000.
(E) South Carolina: $7,109,000.
(F) Texas: $20,804,000.
(G) Wisconsin: $7,699,000.
(2) ELIGIBLE
PURPOSES.—Amounts allocated
under paragraph (1) shall be available for any pur-
pose eligible for funding under title 23, United States
Code, or this Act.
(3) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) such sums as are nec-
essary to carry out this subsection.
(B) CONTRACT AUTHORITY.—Funds author-
ized under this paragraph shall be available for
obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(4) LIMITATIONS.—
(A) APPLICABILITY OF OBLIGATION LIMITA-
TIONS.—Funds made available under this sub-
190
HR 2400 EAS
section shall be subject to subparagraphs (A) and
(B) of section 118(e)(1) of that title.
(B) LIMITATION ON AVAILABILITY.—No ob-
ligation authority shall be made available for
any amounts authorized under this subsection
for any fiscal year for which any obligation lim-
itation established for Federal-aid highways is
less than the obligation limitation established for
fiscal year 1998.
SEC. 1129. AMBASSADOR BRIDGE ACCESS, DETROIT, MICHI-
GAN.
(a) IN GENERAL.—Notwithstanding section 129 of title
23, United States Code, or any other provision of law, im-
provements to access roads and construction of access roads,
approaches, and related facilities (such as signs, lights, and
signals) necessary to connect the Ambassador Bridge in De-
troit, Michigan, to the Interstate System shall be eligible
for funds apportioned under paragraphs (1)(C) and (3) of
section 104(b) of that title.
(b) USE OF FUNDS.—Funds described in subsection
(a) shall not be used for any improvement to, or construc-
tion of, the bridge itself.
191
HR 2400 EAS
SEC. 1130. TRANSPORTATION ASSISTANCE FOR OLYMPIC
CITIES.
(a) PURPOSE.—The purpose of this section is to au-
thorize the provision of assistance for, and support of, State
and local efforts concerning surface transportation issues
necessary to obtain the national recognition and economic
benefits of participation in the International Olympic
movement and the International Paralympic movement by
hosting 
international 
quadrennial 
Olympic 
and
Paralympic events in the United States.
(b) PRIORITY FOR TRANSPORTATION PROJECTS RE-
LATING TO OLYMPIC AND PARALYMPIC EVENTS.—Notwith-
standing any other provision of law, from funds available
to carry out section 104(k) of title 23, United States Code,
the Secretary may give priority to funding for a transpor-
tation project relating to an international quadrennial
Olympic or Paralympic event if—
(1) the project meets the extraordinary needs as-
sociated with an international quadrennial Olympic
or Paralympic event; and
(2) the project is otherwise eligible for assistance
under section 104(k) of that title.
(c) TRANSPORTATION
PLANNING
ACTIVITIES.—The
Secretary may participate in—
(1) planning activities of States and metropoli-
tan planning organizations and transportation
193
HR 2400 EAS
(f) ELIGIBLE GOVERNMENTS.—A State or local gov-
ernment shall be eligible to receive assistance under this sec-
tion only if the government is hosting a venue that is part
of an international quadrennial Olympics that is officially
selected by the International Olympic Committee.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section such sums as are necessary for each of fiscal
years 1998 through 2003.
SEC. 1131. NATIONAL DEFENSE HIGHWAYS OUTSIDE THE
UNITED STATES.
(a) RECONSTRUCTION PROJECTS.—If the Secretary de-
termines, after consultation with the Secretary of Defense,
that a highway, or a portion of a highway, located outside
the United States is important to the national defense, the
Secretary may carry out a project for reconstruction of the
highway or portion of highway.
(b) FUNDING.—
(1) IN GENERAL.—For each of fiscal years 1998
through 2003, the Secretary may set aside not to ex-
ceed $16,000,000 from amounts to be apportioned
under section 104(b)(1)(A) of title 23, United States
Code, to carry out this section.
194
HR 2400 EAS
(2) AVAILABILITY.—Funds made available under
paragraph (1) shall remain available until expended.
SEC. 1132. NATIONAL HISTORIC COVERED BRIDGE PRESER-
VATION.
(a) DEFINITIONS.—In this section:
(1) COVERED
BRIDGE.—The term ‘‘covered
bridge’’—
(A) means a roofed bridge that is made pri-
marily of wood; and
(B) includes the roof, flooring, trusses,
joints, walls, piers, footings, walkways, support
structures, arch systems, and underlying land.
(2) HISTORIC
COVERED
BRIDGE.—The term
‘‘historic covered bridge’’ means a covered bridge
that—
(A) is at least 50 years old; or
(B) is listed on the National Register of
Historic Places.
(b) HISTORIC COVERED BRIDGE PRESERVATION.—
The Secretary shall—
(1) develop and maintain a list of historic cov-
ered bridges;
(2) collect and disseminate information concern-
ing historic covered bridges;
195
HR 2400 EAS
(3) foster educational programs relating to the
history, construction techniques, and contribution to
society of historic covered bridges;
(4) sponsor or conduct research on the history of
covered bridges; and
(5) sponsor or conduct research, and study tech-
niques, on protecting 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 Secretary
that demonstrates a need for assistance in carrying
out 1 or more historic covered bridge projects de-
scribed 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 cov-
ered bridge;
(B) to preserve a historic covered bridge, in-
cluding through—
(i) installation of a fire protection sys-
tem, including a fireproofing or fire detec-
tion system and sprinklers;
196
HR 2400 EAS
(ii) installation of a system to prevent
vandalism and arson; or
(iii) relocation of a bridge to a preser-
vation site; and
(C) to conduct a field test on a historic cov-
ered bridge or evaluate a component of a historic
covered bridge, including through destructive
testing of the component.
(3) AUTHENTICITY.—A grant under paragraph
(1) may be made for a project only if—
(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 replacement
of wooden components with wooden components,
unless the use of wood is impracticable for safety
reasons.
(d) FUNDING.—There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
1999 through 2003, to remain available until expended.
197
HR 2400 EAS
Subtitle B—Program Streamlining
and Flexibility
CHAPTER 1—GENERAL PROVISIONS
SEC. 1201. ADMINISTRATIVE EXPENSES.
Section 104 of title 23, United States Code, is amended
by striking subsection (a) and inserting the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—Whenever an apportionment
is made of the sums made available for expenditure
on the surface transportation program under section
133, the congestion mitigation and air quality im-
provement program under section 149, or the Inter-
state and National Highway System program under
section 103, the Secretary shall deduct a sum, in an
amount not to exceed 11⁄2 percent of all sums so made
available, as the Secretary determines necessary to
administer the provisions of law to be financed from
appropriations for the Federal-aid highway program
and programs authorized under chapter 2.
‘‘(2) CONSIDERATION
OF
UNOBLIGATED
BAL-
ANCES.—In making the determination described in
paragraph (1), the Secretary shall take into account
the unobligated balance of any sums deducted under
this subsection in prior fiscal years.