cluding any environmental, social, political and eco-
nomic objections.
In the case of a multistate corridor, the Secretary shall
ensure that all States having jurisdiction over any portion
of such corridor will participate in the development of such
plan.
(e) APPLICABILITY
OF TITLE 23.—Funds made
available by section 127(a)(3)(B) of this Act shall be avail-
able for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United
States Code.
(f) STATE DEFINED.—In this section the term
‘‘State’’ has the meaning such term has under section 101
of title 23, United States Code.
SEC. 116. COORDINATED BORDER INFRASTRUCTURE AND
SAFETY PROGRAM.
(a) GENERAL AUTHORITY.—The Secretary shall es-
tablish and implement a coordinated border infrastructure
and safety program under which the Secretary may make
allocations to any border State for projects to improve the
safe movement of people and goods at or across the border
between the United States and Canada and the border be-
tween the United States and Mexico.
(b) ELIGIBLE USES.—Allocations under this section
may only be used in a border region for—
(1) improvements to existing transportation and
supporting infrastructure that facilitate cross-border
vehicle and cargo movements;
(2) construction of highways and related safety
and safety enforcement facilities that will facilitate
vehicle and cargo movements related to international
trade;
(3) operational improvements, including im-
provements relating to electronic data interchange
and use of telecommunications, to expedite cross
border vehicle and cargo movement;
(4) modifications to regulatory procedures to
expedite cross border vehicle and cargo movements;
and
(5) international coordination of planning, pro-
gramming, and border operation with Canada and
Mexico relating to expediting cross border vehicle
and cargo movements.
(c) SELECTION
CRITERIA.—The Secretary shall
make allocations under this section on the basis of—
(1) expected reduction in commercial and other
motor vehicle travel time through an international
border crossing as a result of the project;
(2) improvements in vehicle and highway safety
and cargo security related to motor vehicles crossing
a border with Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and ap-
proaches;
(4) leveraging of Federal funds provided under
this section, including use of innovative financing,
combination of such funds with funding provided
under other sections of this Act, and combination
with other sources of Federal, State, local, or private
funding;
(5) degree of multinational involvement in the
project and demonstrated coordination with other
Federal agencies responsible for the inspection of ve-
hicles, cargo, and persons crossing international bor-
ders and their counterpart agencies in Canada and
Mexico;
(6) the extent to which the innovative and prob-
lem-solving techniques of the proposed project would
be applicable to other international border crossings;
(7) demonstrated local commitment to imple-
ment and sustain continuing comprehensive border
planning processes and improvement programs; and
(8) such other factors as the Secretary deter-
mines are appropriate to promote border transpor-
tation efficiency and safety.
(d) STATE MOTOR VEHICLE SAFETY INSPECTION
FACILITIES.—Due to the increase in cross-border trade as
a result of the Northern American Free Trade Agreement,
of the amounts made available to carry out this section
for a fiscal year, not to exceed $25,000,000 for fiscal year
1998 and not to exceed $20,000,000 for each of fiscal
years 1999 and 2000 shall be available for the construc-
tion of State motor vehicle safety inspection facilities for
the inspection by State authorities of commercial motor
vehicles crossing the border to ensure the safety of such
vehicles.
(e) LOCATION
OF PROJECTS.—At least 2 of the
projects receiving allocations under this section shall be
projects in the vicinity the border of the United States
and Mexico and at least 2 of such projects shall be projects
in the vicinity of the border of the United States and Can-
ada.
(f) APPLICABILITY OF TITLE 23.—Funds authorized
by section 127(a)(3)(A) of this Act shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code.
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) BORDER REGION.—The term ‘‘border re-
gion’’ means the portion of a border State in the vi-
cinity of an international border with Canada or
Mexico.
(2) BORDER STATE.—The term ‘‘border State’’
means any State that has a boundary in common
with Canada or Mexico.
SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL SHARE PAYABLE.—Section 120 is
amended—
(1) in subsection (e)—
(A) by striking ‘‘(c)’’ and inserting ‘‘(b)’’;
and
(B) by striking ‘‘90’’ and inserting ‘‘120’’;
and
(2) by adding at the end the following:
‘‘(j) FUNDS APPROPRIATED TO A FEDERAL LAND
MANAGING AGENCY.—Notwithstanding any other provi-
sion of law, the funds appropriated to any Federal land
managing agency may be used as the non-Federal share
payable on account of any Federal-aid highway project the
Federal share of which is payable with funds apportioned
under section 104 or 144 or allocated under the Federal
scenic byways program.
‘‘(k) FUNDS APPROPRIATED FOR FEDERAL LANDS
HIGHWAYS PROGRAM.—Notwithstanding any other provi-
sion of law, funds appropriated for carrying out the Fed-
eral lands highways program under section 204 may be
used as the non-Federal share payable on account of any
project that is carried out with funds apportioned under
section 104 or 144 or allocated under the Federal scenic
byways program if the project will provide access to, or
be carried out within, Federal or Indian lands.’’.
(b) ALLOCATIONS.—Section 202 is amended—
(1) by striking subsection (b) and inserting the
following:
‘‘(b) ALLOCATION OF SUMS AUTHORIZED FOR PUB-
LIC LANDS HIGHWAYS.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal
year and after making the transfer provided for in
section 204(i), the Secretary shall allocate the sums
authorized to be appropriated for such fiscal year for
public lands highways for transportation projects
within the boundaries of those States having unap-
propriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, on the
basis of need in such States, respectively, as deter-
mined by the Secretary from applications for such
funds by Federal land managing agencies, Indian
tribal governments, and States.
‘‘(2) PREFERENCE.—In allocating sums under
paragraph (1), the Secretary shall give preference to
those projects that are significantly impacted by
Federal land, recreation, or resource management
activities that are proposed within the boundaries of
a State in which at least 3 percent of the total pub-
lic lands in the United States are located.’’; and
(2) by adding at the end the following:
‘‘(e) FOREST HIGHWAYS.—
‘‘(1) NATIONAL FORESTS WITH ACQUIRED FED-
ERAL LANDS.—On October 1 of each fiscal year and
after making the transfer provided for in section
204(g), the Secretary shall allocate 50 percent of the
sums authorized to be appropriated for such fiscal
year for forest highways as follows:
‘‘(A) 1⁄3 based on the percentage of the na-
tional total forest highway mileage;
‘‘(B) 1⁄3 based on the percentage of forest-
related vehicle miles traveled on national forest
highways; and
‘‘(C) 1⁄3 based on the percentage of na-
tional forests with acquired Federal lands.
‘‘(2) NATIONAL FORESTS WITH PUBLIC DOMAIN
LANDS.—On October 1 of each fiscal year and after
making the transfer provided for in section 204(g),
the Secretary shall allocate the remaining 50 percent
of the sums authorized to be appropriated for such
fiscal year for forest highways as follows:
‘‘(A) 1⁄3 based on the percentage of the na-
tional total forest highway mileage;
‘‘(B) 1⁄3 based on the percentage of forest-
related vehicle miles traveled on national forest
highways; and
‘‘(C) 1⁄3 based on the percentage of na-
tional forests with public domain Federal lands.
‘‘(3) PROJECT SELECTION.—With respect to al-
locations under this subsection, the Secretary shall
give priority to projects that provide access to and
within the National Forest System, as identified by
the Secretary of Agriculture through renewable re-
sources and land use planning and the impact of
such planning on existing transportation facilities.’’.
(c) AVAILABILITY
OF
FUNDS.—Section 203 is
amended—
(1) by striking ‘‘Funds authorized for,’’ and in-
serting ‘‘(a) IN GENERAL.—Funds authorized for
forest highways,’’;
(2) in the fourth sentence by inserting ‘‘forest
highways’’ after ‘‘any fiscal year for’’; and
(3) by adding at the end the following:
‘‘(b) TIME OF OBLIGATION.—Notwithstanding any
other provision of law, the Secretary’s authorization of en-
gineering and related work for a Federal lands highways
program project or the Secretary’s approval of plans, spec-
ifications, and estimates for construction of a Federal
lands highways program project shall be deemed to con-
stitute a contractual obligation of the Federal Government
for the payment of its contribution to such project.’’.
(d) AWARD
OF CONTRACTS; TRANSFERS—Section
204 is amended—
(1) in subsection (a) to read as follows:
‘‘(a) Recognizing the need for all Federal roads that
are public roads to be treated under uniform policies simi-
lar to those that apply to Federal-aid highways, there is
established a coordinated Federal Lands Highways Pro-
gram which shall consist of forest highways, public lands
highways, park roads and parkways, and Indian reserva-
tion roads and bridges. The Secretary, in cooperation with
the Secretary of the appropriate Federal land managing
agency, shall develop transportation planning procedures
which are consistent with the metropolitan and Statewide
planning processes in sections 134 and 135 of this title.
The transportation improvement program developed as a
part of the transportation planning process under this sec-
tion shall be approved by the Secretary. All regionally sig-
nificant Federal Lands Highway Program projects shall
be developed in cooperation with States and metropolitan
planning organizations and be included in appropriate
Federal Lands Highways Program, State, and metropoli-
tan plans and transportation improvement programs. The
approved Federal Lands Highways Program transpor-
tation improvement program shall be included in appro-
priate State and metropolitan planning organization plans
and programs without further action thereon. The Sec-
retary and the Secretary of the appropriate Federal land
managing agency shall develop appropriate safety, bridge,
and pavement management systems for roads funded
under the Federal Lands Highways Program.’’;
(2) by striking the first three sentences of sub-
section (b) and inserting ‘‘Funds available for forest
highways, public lands highways, park roads and
parkways, and Indian reservation roads shall be
used by the Secretary and the Secretary of the ap-
propriate Federal land managing agency to pay for
the cost of transportation planning, research, engi-
neering, and construction thereof. The Secretary and
the Secretary of the appropriate Federal land man-
aging agency, as appropriate, may enter into con-
struction contracts and such other contracts with a
State or civil subdivision thereof or Indian tribe to
carry out this subsection.’’;
(3) in the first sentence of subsection (e) by
striking ‘‘Secretary of the Interior’’ and inserting
‘‘Secretary of the appropriate Federal land manag-
ing agency’’; and
(4) in subsection (i) to read as follows:
‘‘(i) TRANSFERS
TO SECRETARIES
OF FEDERAL
LAND MANAGING AGENCIES.—The Secretary shall trans-
fer to the appropriate Federal land managing agency from
the appropriation for public lands highways such amounts
as may be needed to cover—
‘‘(1) necessary administrative costs of such
agency in connection with public lands highways;
and
‘‘(2) the cost to such agency of conducting nec-
essary transportation planning serving Federal lands
if funding for such planning is otherwise not pro-
vided in this section.’’.
(e) ACCESS TO JOHN F. KENNEDY CENTER FOR THE
PERFORMING ARTS.—
(1) STUDY.—The Secretary, in cooperation with
the District of Columbia, the John F. Kennedy Cen-
ter for the Performing Arts, and the Department of
the Interior and in consultation with other interested
persons, shall conduct a study of methods to im-
prove pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(2) REPORT.—Not later than September 30,
1999, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House
of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report con-
taining the results of the study, together with an as-
sessment of the impacts (including environmental,
aesthetic, economic, and historic impacts) associated
with the implementation of each of the methods ex-
amined under the study.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) $500,000 for fiscal year 1998 to carry out
this subsection.
(4) APPLICABILITY
OF
TITLE
23, 
UNITED
STATES CODE.—Funds authorized by this subsection
shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1
of title 23, United States Code, except that the Fed-
eral share of the cost of activities conducted using
such funds shall be 100 percent and such funds
shall remain available until expended.
(f) SMITHSONIAN INSTITUTION TRANSPORTATION
PROGRAM.—
(1) IN GENERAL.—The Secretary shall allocate
amounts made available by this subsection for obli-
gation at the discretion of the Secretary of the
Smithsonian Institution, in consultation with the
Secretary, to carry out projects and activities de-
scribed in paragraph (2).
(2) ELIGIBLE USES.—Amounts allocated under
paragraph (1) may be obligated only—
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of
the Nation’s collection of transportation-related
artifacts;
(C) to acquire historically significant trans-
portation-related artifacts; and
(D) to support research programs within
the Smithsonian Institution that document the
history and evolution of transportation, in co-
operation with other museums in the United
States.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) $5,000,000 for each of fiscal years 1998,
1999, and 2000 to carry out this subsection.
(4) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any project or activity under this subsection shall be
100 percent and such funds shall remain available
until expended.
(g) NEW RIVER PARKWAY.—Of amounts available
under section 102(a)(11)(C) of this Act, the Secretary
shall allocate $1,300,000 for fiscal year 1998, $1,200,000
for fiscal year 1999, and $9,900,000 for fiscal year 2000
to the Secretary of the Interior for the planning, design,
and construction of a visitors center, and such other relat-
ed facilities as may be necessary, to facilitate visitor un-
derstanding and enjoyment of the scenic, historic, cultural,
and recreational resources accessible by the New River
Parkway in the State of West Virginia. The center and
related facilities shall be located at a site for which title
is held by the United States in the vicinity of the intersec-
tion of the New River Parkway and I–64. Such funds shall
remain available until expended.
SEC. 118. NATIONAL SCENIC BYWAYS PROGRAM.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following:
‘‘§ 162. National scenic byways program
‘‘(a) DESIGNATION OF ROADS.—The Secretary shall
carry out a national scenic byways program that recog-
nizes roads having outstanding scenic, historic, cultural,
natural, recreational, and archaeological qualities by des-
ignating them as ‘National Scenic Byways’ or ‘All-Amer-
ican Roads’. The Secretary shall designate roads to be rec-
ognized under the national scenic byways program in ac-
cordance with criteria developed by the Secretary. To be
considered for such designation, a road must be nominated
by a State or Federal land management agency and must
first be designated as a State scenic byway or, for roads
on Federal lands, as a Federal land management agency
byway.
‘‘(b) ALLOCATIONS AND TECHNICAL ASSISTANCE.—
‘‘(1) GENERAL
AUTHORITY.—The Secretary
shall make allocations and provide technical assist-
ance to States to—
‘‘(A) implement projects on highways des-
ignated as National Scenic Byways or All-
American Roads, or as State scenic byways;
and
‘‘(B) plan, design, and develop a State sce-
nic byways program.
‘‘(2) PRIORITY PROJECTS.—In making alloca-
tions under this subsection, the Secretary shall give
priority to—
‘‘(A) eligible projects along highways that
are designated as National Scenic Byways or
All-American Roads;
‘‘(B) eligible projects on State-designated
scenic byways that are undertaken to make
them eligible for designation as National Scenic
Byways or All-American Roads; and
‘‘(C) eligible projects that will assist the
development of State scenic byways programs.
‘‘(c) 
ELIGIBLE
PROJECTS.—The 
following 
are
projects that are eligible for Federal assistance under this
section:
‘‘(1) activities related to planning, design, or
development of State scenic byway programs;
‘‘(2) development of corridor management plans
for scenic byways;
‘‘(3) safety improvements to a scenic byway to
the extent such improvements are necessary to ac-
commodate increased traffic and changes in the
types of vehicles using the highway due to such des-
ignation;
‘‘(4) construction along a scenic byway of facili-
ties for pedestrians and bicyclists, rest areas, turn-
outs, highway shoulder improvements, passing lanes,
overlooks, and interpretive facilities;
‘‘(5) improvements to a scenic byway that will
enhance access to an area for the purpose of recre-
ation, including water-related recreation;
‘‘(6) protection of historical, archaeological, and
cultural resources in areas adjacent to scenic by-
ways;
‘‘(7) development and provision of tourist infor-
mation to the public, including interpretive informa-
tion about scenic byways; and
‘‘(8) development and implementation of scenic
byways marketing programs.
‘‘(d) FEDERAL SHARE.—The Federal share payable
on account of any project carried out under this section
shall be determined in accordance with section 120(b) of
this title. For any scenic byways project along a public
road that provides access to or within Federal or Indian
lands, a Federal land management agency may use funds
authorized for its use as the non-Federal share of the costs
of the project.
‘‘(e) PROTECTION OF SCENIC INTEGRITY.—
‘‘(1) SCENIC INTEGRITY.—The Secretary shall
not make an allocation under this section for any
project that would not protect the scenic, historic,
recreational, cultural, natural, and archaeological in-
tegrity of a highway and adjacent areas.
‘‘(2) SAVINGS
CLAUSE.—The Secretary shall
not make any grant, provide technical assistance, or
impose any requirement on a State under this sec-
tion that is inconsistent with the authority of the
State provided in this chapter.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 is amended by adding at the end the following
new item:
‘‘162. National scenic byways program.’’.
(c) CENTER.—
(1) ESTABLISHMENT.—The Secretary shall al-
locate funds made available to carry out this sub-
section to establish a center for national scenic by-
ways in Duluth, Minnesota, to provide technical
communications and network support for nationally
designated scenic byway routes in accordance with
paragraph (2).
(2) COMMUNICATIONS
SYSTEMS.—The center
for national scenic byways shall develop and imple-
ment communications systems for the support of the
national scenic byways program. Such communica-
tions system shall permit users of scenic byways to
access technology which will permit such users to lo-
cate scenic byways and identify items of cultural or
historic interest and services located along scenic by-
ways.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $1,500,000 for
each of fiscal years 1998, 1999, and 2000.
(4) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any project under this subsection shall be 80 percent
and such funds shall remain available until ex-
pended.
SEC. 119. VARIABLE PRICING PILOT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
and implement a variable pricing program. In implement-
ing such program, the Secretary shall solicit the participa-
tion of State and local governments and public authorities
for 1 or more variable pricing pilot programs. The Sec-
retary may enter into cooperative agreements with as
many as 15 of such governments and public authorities
to conduct and monitor the pilot programs.
(b) FEDERAL SHARE PAYABLE.—The Federal share
payable for a pilot program under this section shall be 80
percent of the aggregate cost of the program and the Fed-
eral share payable for any portion of a project conducted
under the program may not exceed 100 percent.
(c) IMPLEMENTATION COSTS.—The Secretary may
fund all pre-implementation costs, including public edu-
cation and project design, and all of the development and
startup costs of a pilot project under this section, includ-
ing salaries and expenses, until such time that sufficient
revenues are being generated by the program to fund its
operating costs without Federal participation; except that
the Secretary may not fund the pre-implementation, devel-
opment, and startup costs of a pilot project for more than
3 years.
(d) USE OF REVENUES.—Revenues generated by any
pilot project under this section must be applied to projects
eligible for assistance under title 23, United States Code.
(e) COLLECTION OF TOLLS.—Notwithstanding sec-
tions 129 and 301 of title 23, United States Code, the
Secretary shall allow the use of tolls on the Interstate Sys-
tem as part of a pilot program under this section, but not
as part of more than 3 of such programs.
(f) FINANCIAL EFFECTS
ON LOW INCOME DRIV-
ERS.—Any pilot program conducted under this section
shall include an analysis of the potential effects of the pilot
program on low income drivers and may include mitigation
measures to deal with any potential adverse financial ef-
fects on low income drivers.
(g) REPORTS TO CONGRESS.—The Secretary shall
monitor the effect of the pilot programs conducted for a
period of at least 10 years and shall report to the Commit-
tee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives biennially on the effects such
programs are having on driver behavior, traffic volume,
transit ridership, air quality, drivers of all income levels,
and availability of funds for transportation programs.
(h) HOV PASSENGER REQUIREMENTS.—Notwith-
standing section 102 of title 23, United States Code, a
State may permit vehicles with fewer than 2 occupants
to operate in high-occupancy vehicle lanes if such vehicles
are part of a pilot program being conducted under this
section.
(i) PERIOD OF AVAILABILITY.—Funds allocated by
the Secretary under this section shall remain available for
obligation by the State for a period of 3 years after the
last day of the fiscal year for which such funds are author-
ized. Any amounts allocated under this section that re-
main unobligated at the end of such period and any
amounts authorized under subsection (i) that remain
unallocated by the end of such period shall be transferred
to a State’s apportionment under section 104(b)(3) of title
23, United States Code, and shall be treated in the same
manner as other funds apportioned under such section.
(j) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of any project under
this section and the availability of such funds shall be de-
termined in accordance with this section.
(k) REPEAL.—Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is repealed.
SEC. 120. TOLL ROADS, BRIDGES, AND TUNNELS.
(a) FEDERAL SHARE PAYABLE.—Section 120 is
amended by adding at the end the following:
‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a cred-
it toward the non-Federal matching share require-
ment for any funds made available to carry out this
title, other than the emergency relief program au-
thorized in section 125, toll revenues that are gen-
erated and used by public, quasi-public, and private
agencies to build, improve, or maintain highways,
bridges, or tunnels that serve the public purpose of
interstate commerce. Such public, quasi-public, or
private agencies shall have built, improved, or main-
tained such facilities without Federal funds.
‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN
GENERAL.—The credit for any
non-Federal share provided under this sub-
section shall not reduce nor replace State funds
required to match Federal funds for any pro-
gram under this title.
‘‘(B) AGREEMENTS.—In receiving a credit
for non-Federal capital expenditures under this
subsection, a State shall enter into such agree-
ments as the Secretary may require to ensure
that the State will maintain its non-Federal
transportation capital expenditures at or above
the average level of such expenditures for the
preceding 3 fiscal years.
‘‘(3) TREATMENT.—
‘‘(A) LIMITATION ON LIABILITY.—Use of a
credit for a non-Federal share under this sub-
section that is received from a public, quasi-
public, or private agency—
‘‘(i) shall not expose the agency to ad-
ditional liability, additional regulation, or
additional administrative oversight; and
‘‘(ii) shall not subject the agency to
any additional Federal design standards,
laws, or regulations as a result of provid-
ing the non-Federal match other than
those to which the agency is already sub-
ject.
‘‘(B) CHARTERED
MULTISTATE
AGEN-
CIES.—When a credit that is received from a
chartered multistate agency is applied for a
non-Federal share under this subsection, such
credit shall be applied equally to all charter
States.’’.
(b) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—
100
(1) ESTABLISHMENT.—The Secretary shall es-
tablish and implement an Interstate System recon-
struction and rehabilitation pilot program under
which the Secretary, notwithstanding sections 129
and 301 of title 23, United States Code, may permit
a State to collect tolls on a highway, bridge, or tun-
nel on the Interstate System for the purpose of re-
constructing and rehabilitating Interstate highway
corridors that could not otherwise be adequately
maintained or functionally improved without the col-
lection of tolls.
(2) LIMITATION ON NUMBER OF FACILITIES.—
The Secretary may permit the collection of tolls
under this subsection on 3 facilities on the Interstate
System. Each of such facilities shall be located in a
different State.
(3) ELIGIBILITY.—In order to be eligible to
participate in the pilot program, a State shall sub-
mit to the Secretary an application that contains, at
a minimum, the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll facility,
including the age, condition, and intensity of
use of such facility.
101
(B) In the case of a facility that affects a
metropolitan area, an assurance that the metro-
politan planning organization established under
section 134 of title 23, United States Code, for
the area has been consulted concerning the
placement and amount of tolls on the facility.
(C) An analysis demonstrating that such
facility could not be maintained or improved to
meet current or future needs from the State’s
apportionments and allocations made available
by this Act (including amendments made by
this Act) and from revenues for highways from
any other source without toll revenues.
(D) A facility management plan that in-
cludes—
(i) a plan for implementing the impo-
sition of tolls on the facility;
(ii) a schedule and finance plan for
the reconstruction or rehabilitation of the
facility using toll revenues;
(iii) a description of the public trans-
portation agency which will be responsible
for implementation and administration of
the pilot toll reconstruction and rehabilita-
tion program; and
102
(iv) a description of whether consider-
ation will be given to privatizing the main-
tenance and operational aspects of the con-
verted facility, while retaining legal and
administrative control of the Interstate
route section.
(E) Such other information as the Sec-
retary may require.
(4) SELECTION CRITERIA.—The Secretary may
approve the application of a State under paragraph
(3) only if the Secretary determines the following:
(A) The State is unable to reconstruct or
rehabilitate the proposed toll facility using ex-
isting apportionments.
(B) The facility has a sufficient intensity
of use, age, or condition to warrant the collec-
tion of tolls.
(C) The State plan for implementing tolls
on the facility takes into account the interests
of local, regional, and interstate travelers.
(D) The State plan for reconstruction or
rehabilitation of the facility using toll revenues
is reasonable.
(E) The State has given preference to the
use of an existing public toll agency with dem-
103
onstrated capability to build, operate, and
maintain a toll expressway system meeting cri-
teria for the Interstate System.
(5) LIMITATIONS ON USE OF REVENUES; AU-
DITS.—Before the Secretary may permit a State to
participate in the pilot program, the State must
enter into an agreement with the Secretary that pro-
vides that—
(A) all toll revenues received from oper-
ation of the toll facility will be used only for
debt service, for reasonable return on invest-
ment of any private person financing the
project, and for any costs necessary for the im-
provement of and the proper operation and
maintenance of the toll facility, including recon-
struction, resurfacing, restoration, and rehabili-
tation of the toll facility; and
(B) regular audits will be conducted to en-
sure compliance with subparagraph (A) and the
results of such audits will be transmitted to the
Secretary.
(6) LIMITATION ON USE OF INTERSTATE MAIN-
TENANCE FUNDS.—During the term of the pilot pro-
gram, funds apportioned for Interstate maintenance
under section 104(b)(5) of title 23, United States
104
Code, may not be used on a facility for which tolls
are being collected under the program.
(7) PROGRAM TERM.—The Secretary shall con-
duct the pilot program under this section for a term
to be determined by the Secretary but not less than
10 years.
(8) INTERSTATE
SYSTEM
DEFINED.—In this
subsection, the term ‘‘Interstate System’’ has the
same meaning such term has under section 101(a)
of title 23, United States Code.
(c) BRIDGE RECONSTRUCTION OR REPLACEMENT.—
Section 129(a)(1)(C) is amended by striking ‘‘toll-free
bridge or tunnel’’ and inserting ‘‘toll-free major bridge or
toll-free tunnel’’.
SEC. 121. CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL FACILITIES.
Section 1064(c) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) is amended to read as follows:
‘‘(c) OBLIGATION
OF AMOUNTS.—Amounts made
available out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section may be
obligated at the discretion of the Secretary. Such sums
shall remain available until expended.’’.
105
SEC. 122. HIGHWAY USE TAX EVASION PROJECTS.
(a) APPLICABILITY OF TITLE 23.—Section 1040(f)
of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is amended
to read as follows:
‘‘(f) APPLICABILITY
OF TITLE 23.—Funds made
available out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section shall be
available for obligation in the same manner and to the
same extent as if such funds were apportioned under chap-
ter 1 of title 23, United States Code; except that the Fed-
eral share of the cost of any project carried out under this
section shall be 100 percent and such funds shall remain
available for obligation for a period of 1 year after the
last day of the fiscal year for which the funds are author-
ized.’’.
(b) AUTOMATED FUEL REPORTING SYSTEM.—Sec-
tion 1040 of such Act (23 U.S.C. 101 note; 105 Stat.
1992) is amended by redesignating subsection (g) as sub-
section (h) and by inserting after subsection (f) the follow-
ing:
‘‘(g) AUTOMATED FUEL REPORTING SYSTEM.—Of
the amounts made available to carry out this section for
each of fiscal years 1998 through 2000, not to exceed
$5,000,000 per fiscal year may be used to establish and
operate an automated fuel reporting system.’’.
106
(c) TECHNICAL AMENDMENT.—Section 1040(a) of
such Act (23 U.S.C. 101 note; 105 Stat. 1992) is amended
by striking ‘‘by subsection (e)’’.
SEC. 123. PERFORMANCE BONUS PROGRAM.
(a) STUDY.—The Secretary shall develop perform-
ance-based criteria for the distribution of not to exceed
5 percent of the funds from each of the following pro-
grams:
(1) The Interstate maintenance program under
section 119 of title 23, United States Code.
(2) The bridge program under section 144 of
such title.
(3) The high risk road safety improvement pro-
gram under section 154 of such title.
(4) The surface transportation program under
section 133 of such title.
(5) The congestion mitigation and air quality
improvement program under section 149 of such
title.
(b) REQUIREMENTS
FOR DEVELOPMENT
OF CRI-
TERIA.—Performance-based criteria developed by the Sec-
retary under subsection (a) shall assess on a statewide
basis the following:
(1) For the Interstate maintenance program,
whether pavement conditions on routes on the Inter-
107
state System in the State have consistently been of
a high quality or have recently improved.
(2) For the bridge program, whether the per-
centage of deficient bridges in the State has consist-
ently been low or has recently decreased.
(3) For the high risk road safety improvement
program, whether the level of safety on highways in
the State has consistently been high or has recently
improved.
(4) For the surface transportation program,
whether the level of financial effort in State funding
for highway and transit investments has been high
or has recently increased.
(5) For the congestion mitigation and air qual-
ity improvement program, whether the environ-
mental performance of the transportation system
has been consistently high or has improved.
(c) REQUIRED SUBMISSION.—Not later than 18
months after the date of the enactment of this Act, the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of
the Senate the performance-based criteria developed under
subsection (a).
108
SEC. 124. METROPOLITAN PLANNING.
(a) GENERAL REQUIREMENTS.—Section 134(a) is
amended by inserting after ‘‘and goods’’ the following:
‘‘and foster economic growth and development’’.
(b) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—Section 134(f) is amended to read as follows:
‘‘(f) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—To the extent that the metropolitan planning orga-
nization determines appropriate, the metropolitan trans-
portation planning process may include consideration of
goals and objectives that—
‘‘(1) support the economic vitality of the metro-
politan area, especially by enabling global competi-
tiveness, productivity, and efficiency;
‘‘(2) increase the safety and security of the
transportation system;
‘‘(3) increase the accessibility and mobility for
people and freight;
‘‘(4) protect and enhance the environment, con-
serve energy, and enhance quality of life;
‘‘(5) enhance the integration and connectivity of
the transportation system, across and between
modes, for people and freight;
‘‘(6) promote efficient system utilization and
operation; and
109
‘‘(7) preserve the existing transportation sys-
tem.’’.
(c) LONG RANGE PLAN.—Section 134(g) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘transpor-
tation’’ after ‘‘long range’’;
(2) in paragraph (2) by striking ‘‘, at a mini-
mum’’ and inserting ‘‘contain, at a minimum, the
following’’;
(3) in paragraph (2)(A)—
(A) by striking ‘‘Identify’’ and inserting
‘‘An identification of’’;
(B) by striking ‘‘factors described in’’;
(C) by striking ‘‘such factors’’ and insert-
ing ‘‘subsection (f)’’; and
(D) by striking ‘‘shall consider’’ and in-
serting ‘‘may consider’’;
(4) by striking paragraph (2)(B) and inserting
the following:
‘‘(B) A financial plan that demonstrates
how the adopted transportation plan can be im-
plemented, indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the plan and rec-
ommends any additional financing strategies for
110
needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the met-
ropolitan planning organization and State shall
cooperatively develop estimates of funds that
will be available to support plan implementa-
tion.’’;
(5) in paragraph (4) by inserting after ‘‘em-
ployees,’’ the following: ‘‘freight shippers and provid-
ers of freight transportation services,’’; and
(6) in paragraph (5) by inserting ‘‘transpor-
tation’’ before ‘‘plan prepared’’.
(d) TRANSPORTATION IMPROVEMENT PROGRAM.—
Section 134(h) is amended—
(1) in paragraph (1), by striking ‘‘2 years’’ and
inserting ‘‘3 years’’; and
(2) by adding at the end of paragraph (2)(B)
the following: ‘‘The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted transportation plan if
111
reasonable additional resources beyond those identi-
fied in the financial plan were available.’’.
(e) TRANSPORTATION MANAGEMENT AREAS.—Sec-
tion 134(i) is amended—
(1) in paragraph (4) by inserting after ‘‘Sys-
tem’’ each place it appears the following: ‘‘, under
the high risk road safety program,’’; and
(2) in paragraph (5)—
(A) by striking ‘‘(1)’’ and inserting ‘‘(A)’’;
and
(B) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
(f) ADDITIONAL REQUIREMENTS.—Section 134 is
amended by striking subsection (l) and redesignating sub-
sections (m) and (n) as subsections (l) and (m), respec-
tively.
SEC. 125. STATEWIDE PLANNING.
(a) SCOPE OF PLANNING PROCESS.—Section 135(c)
is amended to read as follows:
‘‘(c) SCOPE OF THE PLANNING PROCESS.—To the
extent that a State determines appropriate, the State may
consider goals and objectives in the transportation plan-
ning process that—
‘‘(1) support the economic vitality of the Na-
tion, its States and metropolitan areas, especially by
112
enabling global competitiveness, productivity and ef-
ficiency;
‘‘(2) increase the safety and security of the
transportation system;
‘‘(3) increase the accessibility and mobility for
people and freight;
‘‘(4) protect and enhance the environment, con-
serve energy, and enhance the quality of life;
‘‘(5) enhance the integration and connectivity of
the transportation system, across and between
modes throughout the State for people and freight;
‘‘(6) promote efficient system utilization and
operation; and
‘‘(7) preserve the existing transportation sys-
tem.’’.
(b) ADDITIONAL CONSIDERATIONS.—Section 135(d)
is amended—
(1) in the subsection heading by striking ‘‘RE-
QUIREMENTS’’ and inserting ‘‘CONSIDERATIONS’’;
and
(2) by striking ‘‘shall, at a minimum,’’ and in-
serting ‘‘may’’.
(c) LONG RANGE PLAN.—Section 135(e) is amend-
ed—
113
(1) by striking the hyphen each place it ap-
pears; and
(2) by inserting after ‘‘representatives,’’ the fol-
lowing: ‘‘freight shippers and providers of freight
transportation services,’’.
(d) TRANSPORTATION IMPROVEMENT PROGRAM.—
Section 135(f) is amended—
(1) in paragraph (1) by inserting after ‘‘rep-
resentatives,’’ the following: ‘‘freight shippers and
providers of freight transportation services,’’;
(2) in paragraph (2) by inserting before the last
sentence the following: ‘‘The program may include,
for illustrative purposes, additional projects that
would be included in the program if reasonable addi-
tional resources were available.’’; and
(3) in paragraph (3) by inserting after ‘‘Sys-
tem’’ each place it appears the following: ‘‘, under
the high risk road safety program,’’.
(e) PARTICIPATION
OF
LOCAL
ELECTED
OFFI-
CIALS.—
(1) STUDY.—The Secretary shall conduct a
study on the effectiveness of the participation of
local elected officials in transportation planning and
programming. In conducting the study, the Sec-
retary shall consider the degree of cooperation be-
114
tween State, local rural officials, and regional plan-
ning development organizations in different States.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report containing the
results of the study with any recommendations the
Secretary determines appropriate as a result of the
study.
SEC. 126. ROADSIDE SAFETY TECHNOLOGIES.
(a) CRASH CUSHIONS.—
(1) GUIDANCE.—Not later than 1 year after
the date of the enactment of this Act, the Secretary
shall initiate and issue a guidance regarding the
benefits and performance of various types of crash
cushions in different road configurations, taking into
consideration roadway conditions, posted speed lim-
its, the location of the crash cushion in the right-of-
way, and any other relevant factors.
(2) USE OF GUIDANCE.—States shall use guid-
ance issued under this subsection in evaluating the
feasibility and cost-effectiveness of utilizing different
crash cushion designs and determining the appro-
priate crash cushion or other safety appurtenances
for installation at specific highway locations.
115
(b) TRAFFIC FLOW AND SAFETY APPLICATIONS OF
ROAD BARRIERS.—
(1) RULEMAKING
PROCEEDINGS.—Not later
than 1 year after the date of the enactment of this
Act, the Secretary shall initiate and complete a rule-
making proceeding to determine the appropriate use
by States of movable barrier technologies to enhance
safety and improve the capacity and geometric de-
sign of highways.
(2) FACTORS TO CONSIDER.—In conducting the
rulemaking proceeding, the Secretary shall consider,
at a minimum, uses of movable barrier technologies
related to—
(1) separating workers from traffic flow when
work is in progress;
(2) providing additional safe work space by uti-
lizing adjacent and available traffic lanes during off-
peak hours;
(3) use of reversible lanes to mitigate conges-
tion caused by construction and to optimize capacity
of congested highways by adjusting to directional
traffic flow;
(4) mitigation of congestion during construction
by opening all adjacent and available lanes to traffic
during peak hour traffic periods;
116
(5) permanent use of such technologies to in-
crease the capacity of congested highways, bridges,
and tunnels.
SEC. 127. DISCRETIONARY PROGRAM AUTHORIZATIONS.
(a) EXECUTIVE
BRANCH
DISCRETIONARY
PRO-
GRAMS.—
(1) BRIDGE
DISCRETIONARY
PROGRAM.—The
amount set aside by the Secretary under section
144(g)(2) of title 23, United States Code, shall be
$100,000,000 for each of fiscal years 1998, 1999,
and 2000.
(2) HIGH COST INTERSTATE SYSTEM RECON-
STRUCTION
AND
IMPROVEMENT
PROGRAM.—The
amount the Secretary shall allocate for the high cost
Interstate System reconstruction and improvement
program under section 160(c)(2) of title 23, United
States Code, shall not be more than $85,000,000 for
fiscal year 1998, $212,500,000 for fiscal year 1999,
and $340,000,000 for fiscal year 2000.
(3) ADDITIONAL EXECUTIVE BRANCH DISCRE-
TIONARY
PROGRAMS.—Of amounts made available
by section 102(a)(8) of this Act, the following sums
shall be available:
(A) COORDINATED BORDER INFRASTRUC-
TURE AND SAFETY PROGRAM.—For the coordi-
118
year 1998, and $14,000,000 for each of fiscal
years 1999 and 2000.
(F) HIGHWAY
RESEARCH.—For highway
research under sections 307, 308, and 325 of
title 23, United States Code, $150,000,000 for
fiscal year 1998, $185,000,000 for fiscal year
1999, and $195,000,000 for fiscal year 2000.
(G) TRANSPORTATION
EDUCATION, PRO-
FESSIONAL
TRAINING, AND
TECHNOLOGY
DE-
PLOYMENT.—For transportation education, pro-
fessional training, and technology deployment
under sections 321, 322, and 326 of title 23,
United States Code, and section 5505 of title
49, United States Code, $50,000,000 for each
of fiscal years 1998 and 1999 and $55,000,000
for fiscal year 2000.
(H) TRANSPORTATION TECHNOLOGY INNO-
VATION AND DEMONSTRATION PROGRAM.—For
Transportation technology innovation and dem-
onstration program under section 632 of this
Act $40,900,000 for each of fiscal years 1998,
1999, and 2000.
(I) INTELLIGENCE TRANSPORTATION SYS-
TEMS
PROGRAMS.—For intelligence transpor-
tation systems programs under subtitle B of
119
title VI of this Act $175,000,000 for each of
fiscal years 1998, 1999, and 2000.
(3) TRANSPORTATION ASSISTANCE FOR OLYM-
PIC CITIES.—There is authorized to be appropriated
to carry out section 130 of this Act, relating to
transportation assistance for Olympic cities, such
sums as may be necessary for fiscal years 1998,
1999, and 2000.
(b) LEGISLATIVE BRANCH DISCRETIONARY PRO-
GRAMS.—Of amounts made available by section 102(a)(8)
of this Act, $1,250,000,000 for fiscal year 1998,
$1,425,000,000 for fiscal year 1999, and $1,600,000,000
fof fiscal year 2000 shall be available for high priority
projects.
SEC. 128. WOODROW WILSON MEMORIAL BRIDGE.
Section 407(a) of the National Highway System Des-
ignation Act of 1995 (109 Stat. 630–631) is amended—
(1) by redesignating paragraph (2) as para-
graph (3);
(2) by striking ‘‘(a)’’ and all that follows
through the period at the end of paragraph (1) and
inserting the following:
‘‘(a) CONVEYANCES.—
‘‘(1) CONVEYANCE TO STATES AND DISTRICT
OF COLUMBIA.—
120
‘‘(A) GENERAL
AUTHORITY.—Not later
than 60 days after the date of the enactment of
this subparagraph, the Secretary shall convey to
the State of Virginia, the State of Maryland,
and the District of Columbia all right, title, and
interest of the United States in and to the
Bridge, including such related riparian rights
and interests in land underneath the Potomac
River as are necessary to carry out the project.
‘‘(B) ACCEPTANCE OF TITLE.—Except as
provided in paragraph (3), upon conveyance by
the Secretary, the State of Virginia, the State
of Maryland, and the District of Columbia shall
accept the right, title, and interest in and to the
Bridge.
‘‘(C) CONSOLIDATION OF JURISDICTION.—
For the purpose of making the conveyance
under this paragraph, the Secretary of the Inte-
rior and the head of any other Federal depart-
ment or agency that has jurisdiction over the
land adjacent to the Bridge shall transfer such
jurisdiction to the Secretary.
‘‘(D) 
FUNDS
ALLOCATED.—No 
funds
made available for the high cost interstate sys-
tem reconstruction and improvement program
121
under section 160 of title 23, United States
Code, may be allocated for the Bridge before
the State of Virginia, the State of Maryland,
and the District of Columbia accept right, title,
and interest in and to the Bridge under this
paragraph.
‘‘(2) CONVEYANCE TO AUTHORITY.—After exe-
cution of the agreement under subsection (c), the
State of Virginia, State of Maryland, and the Dis-
trict of Columbia shall convey to the Authority their
respective rights, titles, and interests in and to the
Bridge, including such related riparian rights and
interests in land underneath the Potomac River as
are necessary to carry out the Project. Except as
provided in paragraph (3), upon conveyance by the
Secretary, the Authority shall accept the right, title,
and interest in and to the Bridge and all duties and
responsibilities associated with the Bridge.’’; and
(3) in paragraph (3), as redesignated by para-
graph (1) of this section, by striking ‘‘conveyance
under paragraph (1)’’ and inserting ‘‘conveyance
under this subsection’’.
SEC. 129. TRAINING.
(a) TRAINING POSITIONS
FOR WELFARE RECIPI-
ENTS.—Section 140(a) is amended by inserting after the
122
third sentence the following: ‘‘In implementing such pro-
grams, a State may reserve training positions for persons
who receive welfare assistance from such State.’’.
(b) TYPES OF TRAINING.—Section 140(b) is amend-
ed—
(1) in the first sentence—
(A) by inserting ‘‘and technology’’ after
‘‘construction’’; and
(B) by inserting after ‘‘programs’’ the fol-
lowing: ‘‘, and to develop and fund summer
transportation institutes’’; and
(2) in the last sentence by striking ‘‘may be
available’’ and inserting ‘‘may be utilized’’.
SEC. 130. TRANSPORTATION ASSISTANCE FOR OLYMPIC
CITIES.
(a) PURPOSE.—The purpose of this section is to pro-
vide assistance and support to State and local efforts on
surface and aviation-related transportation issues nec-
essary to obtain the national recognition and economic
benefits of participation in the International Olympic
movement by hosting international quadrennial Olympic
events in the United States.
(b) PRIORITY FOR TRANSPORTATION PROJECTS RE-
LATED TO OLYMPIC EVENTS.—Notwithstanding any other
provision of law, the Secretary may give priority to fund-
123
ing for a transportation project related to an Olympic
event from funds available to carry out 1 or more of sec-
tions 144(g)(1) and 160 of title 23, United States Code,
and sections 5309 and 5326 of title 49, United States
Code, if the project meets the extraordinary needs associ-
ated with an international quadrennial Olympic event and
if the project is otherwise eligible for assistance under
such section.
(c) TRANSPORTATION PLANNING ACTIVITIES.—The
Secretary may participate in planning activities of States
and metropolitan planning organizations and transpor-
tation projects related to an international quadrennial
Olympic event under sections 134 and 135 of title 23,
United States Code, and in developing intermodal trans-
portation plans necessary for such projects in coordination
with State and local transportation agencies.
(d) USE OF ADMINISTRATIVE EXPENSES.—The Sec-
retary may provide assistance from funds deducted under
section 104(a) of title 23, United States Code, for the de-
velopment of an Olympics transportation management
plan in cooperation with an Olympic Organizing Commit-
tee responsible for hosting, and State and local commu-
nities affected by, an international quadrennial Olympic
event.
124
(e) TRANSPORTATION
PROJECTS
RELATED
TO
OLYMPIC EVENTS.—
(1) GENERAL AUTHORITY.—The Secretary may
provide assistance to States and local governments
in carrying out transportation projects related to an
international quadrennial Olympic event. Such as-
sistance may include planning, capital, and operat-
ing assistance.
(2) FEDERAL SHARE.—The Federal share of
the costs of projects assisted under this subsection
shall not exceed 80 percent.
(f) ELIGIBLE GOVERNMENTS.—A State or local gov-
ernment is eligible to receive assistance under this section
only if it is hosting a venue that is part of an international
quadrennial Olympics that is officially selected by the
International Olympic Committee.
(g) AIRPORT DEVELOPMENT PROJECTS.—
(1) AIRPORT
DEVELOPMENT
DEFINED.—Sec-
tion 47102(3) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(H) Developing, in coordination with
State and local transportation agencies, inter-
modal transportation plans necessary for Olym-
pic-related projects at an airport.’’.
125
(2) 
DISCRETIONARY
GRANTS.—Section
47115(d) of title 49, United States Code, is amend-
ed—
(A) by striking ‘‘and’’ at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) the need for the project in order to meet
the unique demands of hosting international quad-
rennial Olympic events.’’.
SEC. 131. NATIONAL DEFENSE HIGHWAYS.
(a) RECONSTRUCTION PROJECTS.—If the Secretary
determines, after consultation with the Secretary of De-
fense, that a highway, or portion of a highway, located
outside the United States is important to the national de-
fense, the Secretary may carry out a project for the recon-
struction of such highway or portion of highway.
(b) FUNDING.—The Secretary may make available,
from funds appropriated for expenditure on the National
Highway System, not to exceed $20,000,000 per fiscal
year for each of fiscal years 1998, 1999, and 2000 to carry
out this section. Such sums shall remain available until
expended.
126
SEC. 132. MISCELLANEOUS SURFACE TRANSPORTATION
PROGRAMS.
(a) INFRASTRUCTURE AWARENESS PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized
to fund the production of a documentary about in-
frastructure in cooperation with a not-for-profit na-
tional public television station and the National
Academy of Engineering which shall demonstrate
how public works and infrastructure projects stimu-
late job growth and the economy and contribute to
the general welfare of the nation.
(2) FUNDING.—There is authorized to be ap-
propriated out of the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $1,000,000 for each of fiscal years 1998,
1999, and 2000. Such funds shall remain available
until expended.
(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any project under this subsection and the availability
of funds authorized by this subsection shall be deter-
mined in accordance with this subsection.
(b) STUDY OF PARKING FACILITIES ADEQUACY.—
127
(1) STUDY.—The Secretary shall conduct a
study to determine the location and quantity of
parking facilities at commercial truck stops and
travel plazas and public rest areas that could be
used by motor carriers to comply with Federal hours
of service rules. The study shall include an inventory
of current facilities serving the National Highway
System, analyze where shortages exist or are pro-
jected to exist, and propose a plan to reduce the
shortages. The study shall be carried out in coopera-
tion with research entities representing the motor
carrier and travel plaza industry.
(2) REPORT.—Not later than January 1, 2001,
the Secretary shall transmit to Congress a report on
the results of the study with any recommendations
the Secretary determines appropriate as a result of
the study.
(3) FUNDING.—From amounts set aside under
section 104(a) of title 23, United States Code, for
each of fiscal years 1998, 1999, and 2000, the Sec-
retary may use not to exceed $500,000 per fiscal
year to carry out this section.
SEC. 133. ELIGIBILITY.
(a) DEVILS SLIDE, CALIFORNIA.—Notwithstanding
any other provision of law, the authorization of emergency
128
relief funds by the Federal Highway Administration on
September 2, 1986, to construct a bypass of the Devils
Slide, California, failure shall be considered to be for the
project to bypass the slide failure that is finally selected
upon completion of the environmental analysis. The Sec-
retary shall not expend the funds for the bypass finally
selected at a rate faster than the rate that the Secretary
would have expended the funds for the original bypass.
(b) AMBASSADOR BRIDGE ACCESS, MICHIGAN.—Not-
withstanding section 129 of title 23, United States Code,
or any other provision of law, improvements to and con-
struction of access roads, approaches, and related facilities
(such as signs, lights, and signals) necessary to connect
the Ambassador Bridge in Detroit, Michigan, to the Inter-
state System shall be eligible for funds apportioned under
sections 104(b)(1) and 104(b)(3) of such title.
(c) CUYAHOGA RIVER BRIDGE, OHIO.—Notwith-
standing section 149 of title 23, United States Code, or
any other provision of law, a project to construct a new
bridge over the Cuyahoga River in Cleveland, Ohio, shall
be eligible for funds apportioned under section 104(b)(2)
of such title.
(d) NORTHEAST OHIO TRANSPORTATION HISTORY
MUSEUM.—A museum to be established in Northeast Ohio
which will be devoted to the history of transportation and
129
industry in Northeast Ohio and in the United States, and
which will be developed in cooperation with the private sec-
tor and the State of Ohio, shall be eligible for assistance
under section 133(d)(2) of title 23, United States Code.
(e) RAIL
MUSEUM
IN
PRINCETON, WEST
VIR-
GINIA.—A museum to be established in Princeton, West
Virginia, which will be devoted to railroad history shall
be eligible for assistance under section 133(d)(2) of title
23, United States Code.
(f) BUS MUSEUM IN HIBBING, MINNESOTA.—A mu-
seum to be established in Hibbing, Minnesota, which will
be devoted to intercity bus history shall be eligible for as-
sistance under section 133(d)(2) of title 23, United States
Code.
SEC. 134. FISCAL, ADMINISTRATIVE, AND OTHER AMEND-
MENTS.
(a) ADVANCED
CONSTRUCTION.—Section 115 is
amended—
(1) in subsection (b)—
(A) by moving the text of paragraph (1) 2
ems to the left;
(B) by striking ‘‘(1) IN GENERAL.—’’
(C) by striking paragraphs (2) and (3);
and
130
(D) by striking ‘‘(A) prior’’ and inserting
‘‘(1) prior’’; and
(E) by striking ‘‘(B) the project’’ and in-
serting ‘‘(2) the project’’;
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as sub-
section (c).
(b) AVAILABILITY
OF
FUNDS.—Section 118 is
amended—
(1) in the subsection heading for subsection (b)
by striking ‘‘; DISCRETIONARY PROJECTS’’; and
(2) by striking subsection (e) and inserting the
following:
‘‘(e) EFFECT OF RELEASE OF FUNDS.—Any Fed-
eral-aid highway funds released by the final payment on
a project, or by the modification of the project agreement,
shall be credited to the same program funding category
previously apportioned to the State and shall be imme-
diately available for expenditure.’’.
(c) FEDERAL SHARE PAYABLE.—Section 120 is
amended in each of subsections (a) and (b) by striking
‘‘shall be’’ and inserting ‘‘shall not exceed’’.
(d) PAYMENTS TO STATES FOR CONSTRUCTION.—
Section 121 is amended—
(1) in subsection (a)—
131
(A) by striking the second sentence; and
(B) by striking the last sentence and in-
serting the following: ‘‘Such payments may also
be made for the value of the materials (1)
which have been stockpiled in the vicinity of
such construction in conformity to plans and
specifications for the projects, and (2) which
are not in the vicinity of such construction if
the Secretary determines that because of re-
quired fabrication at an off-site location the
material cannot be stockpiled in such vicinity.’’;
(2) by striking subsection (b) and inserting the
following:
‘‘(b) PROJECT AGREEMENT.—No payment shall be
made under this chapter except for a project covered by
a project agreement. After completion of the project in ac-
cordance with the project agreement, a State shall be enti-
tled to payment out of the appropriate sums apportioned
or allocated to it of the unpaid balance of the Federal
share payable on account of such project.’’;
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as sub-
section (c).
(e) ADVANCES TO STATES.—Section 124 is amend-
ed—
132
(1) by striking ‘‘(a)’’ the first place it appears;
and
(2) by striking subsection (b).
(f) DIVERSION.—Section 126, and the item relating
to such section in the table of sections for chapter 1, are
repealed.
(g) STATE HIGHWAY DEPARTMENT.—Section 302 is
amended—
(1) by adding at the end of subsection (a) the
following: ‘‘Compliance with this provision shall have
no effect on the eligibility of costs.’’;
(2) by striking ‘‘(a)’’; and
(3) by striking subsection (b).
(h) BRIDGE COMMISSIONS.—Public Law 87–441, re-
lating to bridge commissions created by Congress and
Federal approval of membership of such commissions, is
repealed.
(i) OTHER AMENDMENTS.—
(1) Section 1023(h)(1) of Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C.
127 note) is amended by striking ‘‘the date on which
Federal-aid highway and transit programs are reau-
thorized after the date of the enactment of the Na-
tional Highway System Designation Act of 1995’’
and inserting ‘‘September 30, 2000’’.
133
(2) Section 127(a) is amended by inserting be-
fore the next to the last sentence the following:
‘‘With respect to the State of Colorado, vehicles de-
signed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.’’.
(3) Section 127(a) is amended by adding at the
end the following: ‘‘The State of Louisiana may
allow, by special permit, the operation of vehicles
with a gross vehicle weight of up to 100,000 pounds
for the hauling of sugarcane during the harvest sea-
son, not to exceed 100 days annually.’’.
(4) Section 127 is amended by adding at the
end the following new subsection:
‘‘(h) MAINE AND NEW HAMPSHIRE.—With respect to
Interstate Route 95 in the State of New Hampshire, State
laws or regulations in effect on January 1, 1987, shall
be applicable for purposes of this section. With respect to
that portion of the Maine Turnpike designated Interstate
Route 95 and 495, and that portion of Interstate Route
95 from the southern terminus of the Maine Turnpike to
the New Hampshire State line, State laws or regulations
in effect on October 1, 1995, shall be applicable for pur-
poses of this section.’’.
(j) SPECIALIZED HAULING VEHICLES.—
134
(1) STUDY.—The Secretary shall conduct a
study to examine the impact of the truck weight
standards on specialized hauling vehicles.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report on the results of
the study with any recommendations the Secretary
determines appropriate as a result of the study.
SEC. 135. ACCESS OF MOTORCYCLES.
Section 102 is amended by redesignating subsection
(b) as subsection (c) and by inserting after subsection (a)
the following:
‘‘(b) ACCESS OF MOTORCYCLES.—No State or politi-
cal subdivision of a State may restrict the access of motor-
cycles to any highway or portion of a highway for which
Federal-aid highway funds have been utilized for planning,
design, construction, or maintenance.’’.
SEC. 136. AMENDMENTS TO ISTEA.
(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2032–2033) is amended—
(1) in paragraph (18)—
(A) by striking ‘‘and to include’’ and in-
serting the following:
‘‘as follows:
135
‘‘(A) In Tennessee, Mississippi, Arkansas,
and Louisiana, the Corridor shall—
‘‘(i) follow the alignment generally
identified in the Corridor 18 Special Issues
Study Final Report; and
‘‘(ii) run in an East/South direction to
United States Route 61 and cross the Mis-
sissippi River (in the vicinity of Memphis,
Tennessee) to Highway 79, and then follow
Highway 79 south to Wabbaseka, Arkan-
sas, and then proceed south in the direc-
tion of Monticello, Arkansas, and link up
with the route proposed in the Corridor 18
Special Issues Study Final Report which
would continue to Haynesville, Louisiana.
‘‘(B) In the Lower Rio Grande Valley, the
Corridor shall—
‘‘(i) include United States Route 77
from the Rio Grande River to Interstate
Route 37 at Corpus Christi, Texas, and
then to Victoria, Texas, via United States
Route 77 and United States Route 281
from the Rio Grande River to Interstate
Route 37 and then to Victoria, Texas, via
United States Route 59; and
137
‘‘(33) The Capital Gateway Corridor following
United States Route 50 from I–395 in Washington,
D.C., to the intersection of United States Route 50
with Kenilworth Avenue and the Baltimore-Washing-
ton Parkway in Maryland.’’.
(b) OTHER AMENDMENTS TO ISTEA.—The table
contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2037–
2042) is amended in item 1, relating to Cadiz, Ohio—
(1) by striking ‘‘Cadiz’’ the first place it ap-
pears and inserting ‘‘Bellaire’’; and
(2) by striking ‘‘Improvements’’ and all that
follows through ‘‘Rayland, Ohio’’ and inserting
‘‘Washington Street project in Bellaire, Ohio’’.
SEC. 137. BICYCLE TRANSPORTATION AND PEDESTRIAN
WALKWAYS.
(a) IN GENERAL.—Section 217 is amended—
(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,’’;
138
(3) by striking subsection (g) and inserting the
following:
‘‘(g) PLANNING AND DESIGN.—Bicyclists and pedes-
trians shall be given due consideration in the comprehen-
sive transportation plans developed by each metropolitan
planning organization and State in accordance with sec-
tions 134 and 135, respectively. Bicycle transportation fa-
cilities and pedestrian walkways shall be considered, where
appropriate, in conjunction with all new construction and
reconstruction of transportation facilities, except where bi-
cycle and pedestrian use are not permitted. Transpor-
tation plans and projects shall provide due consideration
for safety and contiguous routes.’’;
(4) in subsection (h) by striking ‘‘No motorized
vehicles shall’’ and inserting ‘‘Motorized vehicles
may not’’; and
(5) in subsection (h)(3) by striking ‘‘when State
and local regulations permit,’’; and
(6) by striking subsections (i) and (j) and in-
serting the following:
‘‘(i) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) BICYCLE
TRANSPORTATION
FACILITY.—
The term ‘bicycle transportation facility’ means new
or improved lanes, paths, or shoulders for use by
139
bicyclists, traffic control devices, shelters, and park-
ing facilities for bicycles.
‘‘(2) 
PEDESTRIAN.—The 
term 
‘pedestrian’
means any person traveling by foot and any mobility
impaired person using a wheelchair.
‘‘(3) WHEELCHAIR.—The term ‘wheelchair’
means a mobility aid, usable indoors, and designed
for and used by individuals with mobility impair-
ments, whether operated manually or powered.’’.
(b) PROTECTION
OF NONMOTORIZED TRANSPOR-
TATION TRAFFIC.—Section 109(n) is amended to read as
follows:
‘‘(n) PROTECTION OF NONMOTORIZED TRANSPOR-
TATION TRAFFIC.—The Secretary shall not approve any
project or take any regulatory action under this title that
will result in the severance of an existing major route or
have significant adverse impact on the safety for non-
motorized transportation traffic and light motorcycles, un-
less such project or regulatory action provides for a rea-
sonably alternate route or such a route exits.’’.
(c) HIGHWAY AND STREET DESIGN STANDARDS.—
(1) STUDY.—Not later than 180 days after the
date of the enactment of this Act, the Secretary
shall initiate, in conjunction with the American As-
sociation of State Highway and Transportation Offi-
140
cials, a study to consider proposals to amend the
policies of such association relating to highway and
street design standards to accommodate bicyclists
and pedestrians.
(2) REPORT.—Not later than 2 years after such
date of enactment, the Secretary shall transmit to
Congress a report on the results of the study with
any recommendations on amending the policies re-
ferred to in paragraph (1) the Secretary determines
appropriate.
(d) NATIONAL BICYCLE SAFETY EDUCATION CUR-
RICULA.—
(1) DEVELOPMENT.—The Secretary is author-
ized to develop a national bicycle safety education
curricula that may include courses relating to on-
road training.
(2) REPORT.—Not later than 12 months after
the date of the enactment of this Act, the Secretary
shall transmit to Congress a copy of the curricula.
(3) FUNDING.—From amounts made available
under section 210 of this Act, the Secretary may use
not to exceed $500,000 for fiscal year 1998 to carry
out this subsection.
SEC. 138. HAZARD ELIMINATION PROGRAM.
Section 152 is amended—
141
(1) in subsection (a) by inserting ‘‘, bicyclists,’’
after ‘‘motorists’’; and
(2) in subsection (b) by striking ‘‘highway safe-
ty improvement project’’ and inserting ‘‘safety im-
provement project described in subsection (a)’’.
SEC. 139. SUBSTITUTE PROJECT.
(a) APPROVAL OF PROJECT.—Notwithstanding any
other provision of law, upon the request of the Mayor of
the District of Columbia after consultation with appro-
priate local government officials, the Secretary of Trans-
portation may approve substitute highway, bus transit,
and light rail transit projects, in lieu of construction of
the Barney Circle Freeway project in the District of Co-
lumbia, as identified in the latest Interstate Cost Estimate
approved by Congress.
(b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon
approval of any substitute project or projects under sub-
section (a)—
(1) the costs of construction of the interstate
construction project for which such project or
projects are substituted shall not be eligible for
funds authorized under section 108(b) of the Fed-
eral-Aid Highway Act of 1956; and
(2) a sum equal to the Federal share of such
costs, as included in the latest interstate cost esti-
142
mate approved by Congress, shall be available to the
Secretary 
to 
incur 
obligations 
under 
section
103(e)(4) of title 23, United States Code, for such
project.
(c) LIMITATION ON ELIGIBILITY.—By September 30,
1999, any substitute project approved under subsection
(a) (for which the Secretary finds that sufficient Federal
funds are available) must be under contract for construc-
tion or construction must have commenced. If any such
substitute project is not under contract for construction
or construction has not commenced by such date, then im-
mediately after such date, the Secretary shall withdraw
approval of such project and no funds shall be appro-
priated under the authority of section 103(e)(4) of title
23, United States Code, for such project.
(d) ADMINISTRATIVE PROVISIONS.—
(1) STATUS OF SUBSTITUTE PROJECT.—A sub-
stitute project approved under subsection (a) shall
be deemed to be a substitute project for purposes of
section 103(e)(4) of title 23, United States Code
(other than subparagraphs (C) and (O)).
(2) REDUCTION OF UNOBLIGATED INTERSTATE
APPORTIONMENT.—Unobligated apportionments for
the Interstate System in the District of Columbia
shall, on the date of approval of a substitute project
143
under subsection (a), be reduced in the proportion
that the Federal share of the costs of the construc-
tion of the interstate construction project for which
such project is substituted bears to the Federal
share of the total cost of all interstate routes in the
District of Columbia as reflected in the latest cost
estimate approved by Congress.
(3) ADMINISTRATION
THROUGH
FHWA.—The
Secretary shall administer this section through the
Federal Highway Administration.
SEC. 140. PROJECT ADMINISTRATION.
(a) LIFE CYCLE COST ANALYSIS.—Section 106(e) is
amended—
(1) in paragraph (1) by striking ‘‘with a cost of
$25,000,000 or more’’;
(2) by adding at the end of paragraph (1) the
following: ‘‘The program shall be based on the prin-
ciples contained in section 2 of Executive Order
12893.’’; and
(3) in paragraph (2) by inserting after ‘‘mainte-
nance,’’ the following: ‘‘user costs,’’.
(b) EVALUATION OF PROCUREMENT PRACTICES AND
PROJECT DELIVERY.—
(1) STUDY.—The Comptroller General shall
conduct a study to assess the impact that a utility
144
company’s failure to relocate their facilities in a
timely manner has on the delivery and cost of Fed-
eral-aid highway and bridge projects. The study
shall also assess the following:
(A) Methods States use to mitigate such
delays, including the use of the courts to compel
utility cooperation.
(B) The prevalence and use of incentives
to utility companies for early completion of util-
ity relocations on Federal-aid transportation
project sites and, conversely, penalties assessed
on utility companies for utility relocation delays
on such projects.
(C) 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
or reduce the need for or delays due to utility
relocations.
(D) Whether individual States compensate
transportation contractors for business costs
they incur when Federal-aid highway and
bridge projects under contract to them are de-
layed by utility company caused delays in utility
145
relocations and any 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 transmit to Congress a report on the
results of the study with any recommendations the
Comptroller General determines appropriate as a re-
sult of the study.
SEC. 141. DEFINITIONS.
Section 101(a) is amended to read as follows:
‘‘(a) DEFINITIONS.—The following definitions apply:
‘‘(1) APPORTIONMENT.—The term ‘apportion-
ment’ includes unexpended apportionments made
under prior authorization laws.
‘‘(2) CARPOOL
PROJECT.—The term ‘carpool
project’ means any project to encourage the use of
carpools and vanpools, including provision of car-
pooling opportunities to the elderly and handicapped,
systems for locating potential riders and informing
them of carpool opportunities, acquiring vehicles for
carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related
traffic control devices, and designating existing fa-
cilities for use for preferential parking for carpools.
146
‘‘(3) CONSTRUCTION.—The term ‘construction’
means the supervising, inspecting, actual building,
and all expenses incidental to the construction or re-
construction of a highway, including bond costs and
other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing in-
struments and costs incurred by the State in per-
forming Federal-aid project related audits which di-
rectly benefit the Federal-aid highway program.
Such term includes—
‘‘(A) locating, surveying, and mapping (in-
cluding the establishment of temporary and per-
manent geodetic markers in accordance with
specifications of the National Oceanic and At-
mospheric Administration in the Department of
Commerce);
‘‘(B) resurfacing, restoration, and rehabili-
tation;
‘‘(C) acquisition of rights-of-way;
‘‘(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
‘‘(E) elimination of hazards of railway
grade crossings;
147
‘‘(F) elimination of roadside obstacles;
‘‘(G) improvements which directly facilitate
and control traffic flow, such as grade separa-
tion of intersections, widening of lanes, channel-
ization of traffic, traffic control systems, and
passenger loading and unloading areas; and
‘‘(H) capital improvements which directly
facilitate an effective vehicle weight enforcement
program, such as scales (fixed and portable),
scale pits, scale installation, and scale houses.
‘‘(4) COUNTY.—The term ‘county’ includes cor-
responding units of government under any other
name in States which do not have county organiza-
tions and, in those States in which the county gov-
ernment does not have jurisdiction over highways,
any local government unit vested with jurisdiction
over local highways.
‘‘(5) 
FEDERAL-AID
HIGHWAYS.—The 
term
‘Federal-aid highways’ means highways eligible for
assistance under this chapter other than highways
classified as local roads or rural minor collectors.
‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Fed-
eral-aid system’ means any one of the Federal-aid
highway systems described in section 103.
148
‘‘(7) FEDERAL LANDS HIGHWAYS.—The term
‘Federal lands highways’ means forest highways,
public lands highways, park roads, parkways, and
Indian reservation roads which are public roads.
‘‘(8) 
FOREST
DEVELOPMENT
ROADS
AND
TRAILS.—The term ‘forest development roads and
trails’ means a forest road or trail under the juris-
diction of the Forest Service.
‘‘(9) FOREST
HIGHWAY.—The term ‘forest
highway’ means a forest road under the jurisdiction
of, and maintained by, a public authority and open
to public travel.
‘‘(10) FOREST ROAD OR TRAIL.—The term ‘for-
est road or trail’ means a road or trail wholly or
partly within, or adjacent to, and serving the Na-
tional Forest System and which is necessary for the
protection, administration, and utilization of the Na-
tional Forest System and the use and development
of its resources.
‘‘(11) HIGHWAY.—The term ‘highway’ includes
roads, streets, and parkways, and also includes
rights-of-way, bridges, railroad-highway crossings,
tunnels, drainage structures, signs, guardrails, and
protective structures, in connection with highways.
It further includes that portion of any interstate or
149
international bridge or tunnel and the approaches
thereto, the cost of which is assumed by a State
highway department, including such facilities as may
be required by the United States Customs and Im-
migration Services in connection with the operation
of an international bridge or tunnel.
‘‘(12) 
HIGHWAY
SAFETY
IMPROVEMENT
PROJECT.—The term ‘highway safety improvement
project’ means a project which corrects or improves
high hazard locations, eliminates roadside obstacles,
improves highway signing and pavement marking,
installs priority control systems for emergency vehi-
cles at signalized intersections, installs or replaces
emergency motorist aid call boxes, or installs traffic
control or warning devices at high accident potential
locations.
‘‘(13) INDIAN RESERVATION ROADS.—The term
‘Indian reservation roads’ means public roads that
are located within or provide access to an Indian
reservation or Indian trust land or restricted Indian
land which is not subject to fee title alienation with-
out the approval of the Federal Government, or In-
dian and Alaska Native villages, groups, or commu-
nities in which Indians and Alaskan Natives reside,
whom the Secretary of the Interior has determined
150
are eligible for services generally available to Indians
under Federal laws specifically applicable to Indians.
‘‘(14) INTERSTATE SYSTEM.—The term ‘Inter-
state System’ means the Dwight D. Eisenhower Na-
tional System of Interstate and Defense Highways
described in section 103(e).
‘‘(15) MAINTENANCE.—The term ‘maintenance’
means the preservation of the entire highway, in-
cluding surface, shoulders, roadsides, structures, and
such traffic-control devices as are necessary for its
safe and efficient utilization.
‘‘(16) NATIONAL HIGHWAY SYSTEM.—The term
‘National Highway System’ means the Federal-aid
highway system described in section 103(b).
‘‘(17) OPERATING COSTS FOR TRAFFIC MON-
ITORING, MANAGEMENT, AND CONTROL.—The term
‘operating costs for traffic monitoring, management,
and control’ includes labor costs, administrative
costs, costs of utilities and rent, and other costs as-
sociated with the continuous operation of traffic con-
trol, such as integrated traffic control systems, inci-
dent management programs, and traffic control cen-
ters.
‘‘(18) OPERATIONAL IMPROVEMENT.—The term
‘operational improvement’ means a capital improve-
151
ment for installation of traffic surveillance and con-
trol equipment, computerized signal systems, motor-
ist information systems, integrated traffic control
systems, incident management programs, and trans-
portation demand management facilities, strategies,
and programs and such other capital improvements
to public roads as the Secretary may designate, by
regulation; except that such term does not include
resurfacing, restoring, or rehabilitating improve-
ments, construction of additional lanes, inter-
changes, and grade separations, and construction of
a new facility on a new location.
‘‘(19) PARK
ROAD.—The term ‘park road’
means a public road, including a bridge built pri-
marily for pedestrian use, but with capacity for use
by emergency vehicles, that is located within, or pro-
vides access to, an area in the National Park System
with title and maintenance responsibilities vested in
the United States.
‘‘(20) PARKWAY.—The term ‘parkway’, as used
in chapter 2 of this title, means a parkway author-
ized by Act of Congress on lands to which title is
vested in the United States.
‘‘(21) PROJECT.—The term ‘project’ means an
undertaking to construct a particular portion of a
152
highway, or if the context so implies, the particular
portion of a highway so constructed or any other un-
dertaking eligible for assistance under this title.
‘‘(22) 
PROJECT
AGREEMENT.—The 
term
‘project agreement’ means the formal instrument to
be executed by the State highway department and
the Secretary as required by section 110(a).
‘‘(23) PUBLIC AUTHORITY.—The term ‘public
authority’ means a Federal, State, county, town, or
township, Indian tribe, municipal or other local gov-
ernment or instrumentality with authority to fi-
nance, build, operate, or maintain toll or toll-free fa-
cilities.
‘‘(24) PUBLIC
LANDS
DEVELOPMENT
ROADS
AND TRAILS.—The term ‘public lands development
roads and trails’ means those roads or trails which
the Secretary of the Interior determines are of pri-
mary importance for the development, protection,
administration, and utilization of public lands and
resources under his control.
‘‘(25) PUBLIC
LANDS
HIGHWAY.—The term
‘public lands highway’ means any highway through
unappropriated or unreserved public lands, non-
taxable Indian lands, or other Federal reservations
153
under the jurisdiction of and maintained by a public
authority and open to public travel.
‘‘(26) PUBLIC ROAD.—The term ‘public road’
means any road or street under the jurisdiction of
and maintained by a public authority and open to
public travel.
‘‘(27) RURAL AREAS.—The term ‘rural areas’
means all areas of a State not included in urban
areas.
‘‘(28) 
SECRETARY.—The 
term 
‘Secretary’
means Secretary of Transportation.
‘‘(29) STATE.—The term ‘State’ means any one
of the fifty States, the District of Columbia, or
Puerto Rico.
‘‘(30) STATE FUNDS.—The term ‘State funds’
includes funds raised under the authority of the
State or any political or other subdivision thereof,
and made available for expenditure under the direct
control of the State highway department.
‘‘(31) STATE
HIGHWAY
DEPARTMENT.—The
term ‘State highway department’ means that depart-
ment, commission, board, or official of any State
charged by its laws with the responsibility for high-
way construction.
154
‘‘(32) TRANSPORTATION
ENHANCEMENT
AC-
TIVITIES.—The term ‘transportation enhancement
activities’ means, with respect to any project or the
area to be served by the project, any of the following
activities if such activity has a direct link to surface
transportation: provision of facilities for pedestrians
and bicycles, provision of safety and educational ac-
tivities for pedestrians and bicyclists, acquisition of
scenic easements and scenic or historic sites, scenic
or historic highway programs, landscaping and other
scenic beautification, including removal of graffiti
and litter to the extent that such removal is in ex-
cess of fiscal year 1997 maintenance levels for re-
moval of graffiti and litter, historic preservation, re-
habilitation and operation of historic transportation
buildings, structures, or facilities (including historic
railroad facilities and canals), preservation of aban-
doned railway corridors (including the conversion
and use thereof for pedestrian or bicycle trails), con-
trol and removal of outdoor advertising, archaeologi-
cal planning and research, mitigation of water pollu-
tion due to highway runoff, and provision of tourist
and welcome centers and the provision of informa-
tion at such centers.
155
‘‘(33) URBAN
AREA.—The term ‘urban area’
means an urbanized area or, in the case of an ur-
banized area encompassing more than one State,
that part of the urbanized area in each such State,
or urban place as designated by the Bureau of the
Census having a population of 5,000 or more and
not within any urbanized area, within boundaries to
be fixed by responsible State and local officials in co-
operation with each other, subject to approval by the
Secretary. Such boundaries shall, as a minimum, en-
compass the entire urban place designated by the
Bureau of the Census, except in the case of cities in
the State of Maine and in the State of New Hamp-
shire.
‘‘(34) URBANIZED AREA.—The term ‘urbanized
area’ means an area with a population of 50,000 or
more designated by the Bureau of the Census, with-
in boundaries to be fixed by responsible State and
local officials in cooperation with each other, subject
to approval by the Secretary. Boundaries shall, at a
minimum, encompass the entire urbanized area with-
in a State as designated by the Bureau of the
Census.’’.
156
TITLE II—HIGHWAY SAFETY
SEC. 201. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 23, United States
Code.
SEC. 202. HIGHWAY SAFETY PROGRAMS.
(a) UNIFORM
GUIDELINES.—Section 402(a) is
amended—
(1) in the fourth sentence by striking ‘‘(4)’’ and
inserting ‘‘(4) to prevent accidents and’’; and
(2) in the eighth sentence by striking ‘‘include
information obtained by the Secretary under section
4007 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 and’’.
(b) ADMINISTRATION OF STATE PROGRAMS.—Sec-
tion 402(b) is amended—
(1) by striking ‘‘(b)(1)’’ and all that follows
through paragraph (2) and inserting the following:
‘‘(b) ADMINISTRATION OF STATE PROGRAMS.—’’;
(2) by redesignating paragraph (3), (4), and (5)
as paragraphs (1), (2), and (3), respectively;
157
(3) in paragraph (1)(C), as so redesignated, by
striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph
(3)’’; and
(4) in paragraph (2), as so redesignated, by
striking ‘‘paragraph (3)(C)’’ and inserting ‘‘para-
graph (1)(C)’’.
(c) APPORTIONMENT OF FUNDS.—The 6th sentence
of section 402(c) is amended by inserting ‘‘the apportion-
ment to the Secretary of the Interior shall not be less than
three-fourths of 1 percent of the total apportionment and’’
after ‘‘except that’’.
(d) APPLICATION
IN INDIAN COUNTRY.—Section
402(i) is amended to read as follows:
‘‘(i) APPLICATION IN INDIAN COUNTRY.—
‘‘(1) IN GENERAL.—For the purpose of applica-
tion of this section in Indian country, the terms
‘State’ and ‘Governor of a State’ include the Sec-
retary of the Interior and the term ‘political subdivi-
sion of a State’ includes an Indian tribe. Notwith-
standing subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions. 
The 
requirements 
of 
subsection
(b)(1)(D) shall be applicable to Indian tribes, except
158
to those tribes with respect to which the Secretary
of Transportation determines that application of
such provisions would not be practicable.
‘‘(2) INDIAN COUNTRY DEFINED.—In this sub-
section, the term ‘Indian country’ means—
‘‘(A) all land within the limits of any In-
dian reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation;
‘‘(B) all dependent Indian communities
within the borders of the United States, wheth-
er within the original or subsequently acquired
territory thereof and whether within or without
the limits of a State; and
‘‘(C) all Indian allotments, the Indian ti-
tles to which have not been extinguished, in-
cluding rights-of-way running through such al-
lotments.’’.
(e) RULEMAKING PROCEEDING.—Section 402(j) is
amended to read as follows:
‘‘(j) RULEMAKING
PROCEEDING.—The Secretary
may from time to time conduct a rulemaking process to
identify highway safety programs that are highly effective
in reducing motor vehicle crashes, injuries, and deaths.
159
Any such rulemaking shall take into account the major
role of the States in implementing such programs. When
a rule promulgated in accordance with this section takes
effect, States shall consider these highly effective pro-
grams when developing their highway safety programs.’’.
SEC. 203. HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.
Section 403(a)(2)(A) is amended by inserting ‘‘, in-
cluding training in work zone safety management’’ after
‘‘personnel’’.
SEC. 204. SAFETY INCENTIVE GRANTS.
(a) IN GENERAL.—Section 405 is amended to read
as follows:
‘‘§ 405. Occupant protection incentive grants
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject
to the provisions of this section, the Secretary shall
make grants under subsections (b) and (c) to States
that adopt and implement effective programs to re-
duce highway deaths and injuries resulting from in-
dividuals riding unrestrained or improperly re-
strained in motor vehicles. Such grants may be used
by recipient States only to implement and enforce,
as appropriate, such programs.
160
‘‘(2) MAINTENANCE
OF
EFFORT.—No grant
may be made to a State under subsection (b) or (c)
in any fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its ag-
gregate expenditures from all other sources for pro-
grams described in paragraph (1) at or above the
average level of such expenditures in its 2 fiscal
years preceding the Building Efficient Surface
Transportation and Equity Act of 1997.
‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED-
ERAL SHARE FOR GRANTS.—No State may receive
grants under subsection (b) or (c) in more than 3
fiscal years beginning after September 30, 1997.
The Federal share payable for any grant under this
section shall not exceed—
‘‘(A) in the first and second fiscal years in
which the State receives the grant, 75 percent of the
cost of implementing and enforcing, as appropriate,
in such fiscal year a program adopted by the State;
and
‘‘(B) in the third fiscal year in which the State
receives the grant, 50 percent of the cost of imple-
menting and enforcing, as appropriate, in such fiscal
year such program.
161
‘‘(b) GRANT A.—A State may establish its eligibility
for a grant under this subsection by adopting or dem-
onstrating to the satisfaction of the Secretary at least 4
of the following:
‘‘(1) SAFETY BELT USE LAW FOR ALL FRONT
SEAT PASSENGERS.—The State has in effect a safety
belt use law that makes unlawful throughout the
State the operation of a passenger motor vehicle
whenever an individual in the front seat of the vehi-
cle (other than a child who is secured in a child re-
straint system) does not have a safety belt properly
secured about the individual’s body.
‘‘(2) PRIMARY SAFETY BELT USE LAW OR PEN-
ALTY POINTS.—The State provides for primary en-
forcement of its safety belt use law or provides for
the imposition of penalty points against an individ-
ual’s driver’s license for a violation of its safety belt
use law.
‘‘(3) CHILD
PASSENGER
PROTECTION
LAW.—
The State has in effect a child passenger protection
law that makes unlawful throughout the State the
operation of a passenger motor vehicle whenever a
child up to 4 years of age in the vehicle is not prop-
erly secured in a child safety seat.
162
‘‘(4) SPECIAL
TRAFFIC
ENFORCEMENT
PRO-
GRAM.—The State has implemented a statewide spe-
cial traffic enforcement program for occupant pro-
tection that emphasizes publicity for the program.
‘‘(5) CHILD
OCCUPANT
PROTECTION
EDU-
CATION PROGRAM.—The State has implemented a
statewide comprehensive child occupant protection
education program that includes education about
proper seating positions for children in air bag
equipped motor vehicles and instruction on how to
reduce the improper use of child restraints systems.
‘‘(c) GRANT B.—A State may establish its eligibility
for a grant under this subsection by adopting or dem-
onstrating to the satisfaction of the Secretary each of the
following:
‘‘(1) STATE
SAFETY
BELT
USE
RATE.—The
State demonstrates a statewide safety belt use rate
in both front outboard seating positions in all pas-
senger motor vehicles of 80 percent or higher in
each of the years a grant under this subparagraph
is received.
‘‘(2) SURVEY
METHOD.—The State follows
safety belt use survey methods which conform to
guidelines issued by the Secretary ensuring that
such measurements are accurate and representative.
163
‘‘(d) GRANT AMOUNTS.—The amount of each grant
for which a State qualifies under subsection (b) or (c) for
a fiscal year shall equal up to 30 percent of the amount
apportioned to the State for fiscal year 1997 under section
402 of this title.
‘‘(e) DEFINITIONS.—In this subsection, the following
definitions apply:
‘‘(1) CHILD
SAFETY
SEAT.—The term ‘child
safety seat’ means any device (except safety belts)
designed for use in a motor vehicle to restrain, seat,
or position a child who weighs 50 pounds or less.
‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
streets, roads, and highways, but does not include a
vehicle operated only on a rail line.
‘‘(3) MULTIPURPOSE
PASSENGER
VEHICLE.—
The term ‘multipurpose passenger vehicle’ means a
motor vehicle with motive power (except a trailer),
designed to carry not more than 10 individuals, that
is constructed either on a truck chassis or with spe-
cial features for occasional off-road operation.
‘‘(4) PASSENGER
CAR.—The term ‘passenger
car’ means a motor vehicle with motive power (ex-
cept a multipurpose passenger vehicle, motorcycle, or
164
trailer) designed to carry not more than 10 individ-
uals.
‘‘(5) PASSENGER MOTOR VEHICLE.—The term
‘passenger motor vehicle’ means a passenger car or
a multipurpose passenger motor vehicle.
‘‘(6) SAFETY
BELT.—The term ‘safety belt’
means—
‘‘(A) with respect to open-body passenger
vehicles, including convertibles, an occupant re-
straint system consisting of a lap belt or a lap
belt and a detachable shoulder belt; and
‘‘(B) with respect to other passenger vehi-
cles, an occupant restraint system consisting of
integrated lap and shoulder belts.
‘‘(f) ADMINISTRATIVE EXPENSES.—Funds author-
ized to be appropriated to carry out this section shall be
subject to a deduction not to exceed 5 percent for the nec-
essary costs of administering the provisions of this section.
‘‘(g) APPLICABILITY OF CHAPTER 1.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, all provisions of chapter 1
of this title that are applicable to National Highway
System funds, other than provisions relating to the
apportionment formula and provisions limiting the
expenditure of such funds to Federal-aid highways,
165
shall apply to the funds authorized to be appro-
priated to carry out this section.
‘‘(2) INCONSISTENT PROVISIONS.—If the Sec-
retary determines that a provision of chapter 1 of
this title is inconsistent with this section, such provi-
sion shall not apply to funds authorized to be appro-
priated to carry out this section.
‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI-
TURES.—The aggregate of all expenditures made
during any fiscal year by a State and its political
subdivisions (exclusive of Federal funds) for carrying
out the State highway safety program under section
402 (other than planning and administration) shall
be available for the purpose of crediting such State
during such fiscal year for the non-Federal share of
the cost of any project under this section (other than
one for planning or administration) without regard
to whether such expenditures were actually made in
connection with such project.
‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN
INDIAN TRIBE PROGRAMS.—In the case of an occu-
pant protection program carried out by an Indian
tribe, if the Secretary is satisfied that an Indian
tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program,
166
the Secretary may increase the Federal share of the
cost thereof payable under this title to the extent
necessary.
‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY
DEPARTMENT’.—In applying provisions of chapter 1
in carrying out this section, the term ‘State highway
department’ as used in such provisions shall mean
the Governor of a State and, in the case of an In-
dian tribe program, the Secretary of the Interior.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such chapter is amended by inserting after the
item relating to section 404 the following:
‘‘405. Occupant protection incentive grants.’’.
SEC. 205. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) IN GENERAL.—Section 406 is amended to read
as follows:
‘‘§ 406. State highway safety data improvements
‘‘(a) GENERAL AUTHORITY.—Subject to the provi-
sions of this section, the Secretary shall make grants to
States that adopt and implement effective programs to—
‘‘(1) improve the timeliness, accuracy, complete-
ness, uniformity, and accessibility of the State’s data
needed to identify priorities for State and local high-
way and traffic safety programs;
‘‘(2) evaluate the effectiveness of efforts to
make such improvements; and
167
‘‘(3) link these State data systems, including
traffic records, together and with other data systems
within the State, such as systems that contain medi-
cal and economic data.
Such grants may be used by recipient States only to imple-
ment such programs.
‘‘(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in any fiscal year unless
the State enters into such agreements with the Secretary
as the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other sources
for highway safety data programs at or above the average
level of such expenditures in its 2 fiscal years preceding
the date of the enactment of the Building Efficient Sur-
face Transportation and Equity Act of 1997.
‘‘(c) MAXIMUM PERIOD OF ELIGIBILITY; FEDERAL
SHARE FOR GRANTS.—No State may receive grants under
this section in more than 3 fiscal years beginning after
September 30, 1997. The Federal share payable for any
grant under this section shall not exceed—
‘‘(1) in the first and second fiscal years in
which the State receives the grant, 75 percent of the
cost of implementing and enforcing, as appropriate,
in such fiscal year a program adopted by the State;
168
‘‘(2) in the third fiscal year in which the State
receives the grant, 50 percent of the cost of imple-
menting and enforcing, as appropriate, in such fiscal
year such program.
‘‘(d) FIRST-YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall be eligible for
a first-year grant under this section in a fiscal year
if the State either—
‘‘(A) demonstrates, to the satisfaction of
the Secretary, that the State has—
‘‘(i) established a highway safety data
and traffic records coordinating committee
with a multidisciplinary membership, in-
cluding the administrators, collectors, and
users of such data (including the public
health, injury control, and motor carrier
communities);
‘‘(ii) completed, within the preceding
5 years, a highway safety data and traffic
records assessment or an audit of the
State’s highway safety data and traffic
records system; and
‘‘(iii) initiated the development of a
multiyear highway safety data and traffic
records strategic plan, to be approved by
169
the State’s highway safety data and traffic
records coordinating committee, that iden-
tifies and prioritizes the State’s highway
safety data and traffic records needs and
goals, and that identifies performance-
based measures by which progress toward
those goals will be determined; or
‘‘(B) provides, to the satisfaction of the
Secretary—
‘‘(i) a certification that the State has
met the requirements of clauses (i) and (ii)
of subparagraph (A);
‘‘(ii) a multiyear plan that—
‘‘(I) identifies and prioritizes the
State’s highway safety data and traf-
fic records needs and goals;
‘‘(II) specifies how the State’s in-
centive funds for the fiscal year will
be used to address those needs and
goals; and
‘‘(III) 
identifies 
performance-
based measures by which progress to-
ward those goals will be determined;
and
170
‘‘(iii) a certification that the State’s
highway safety data and traffic records co-
ordinating committee continues to operate
and supports the multiyear plan described
in clause (ii).
‘‘(2) GRANT AMOUNTS.—The amount of a first-
year grant made to a State for a fiscal year under
this subsection shall equal—
‘‘(A) if the State is eligible for the grant
under paragraph (1)(A), $125,000, subject to
the availability of appropriations; and
‘‘(B) if the State is eligible for the grant
under paragraph (1)(B), an amount determined
by multiplying—
‘‘(i) the amount appropriated to carry
out this section for such fiscal year; by
‘‘(ii) the ratio that the funds appor-
tioned to the State under section 402 for
fiscal year 1997 bears to the funds appor-
tioned to all States under section 402 for
fiscal year 1997;
except that no State shall receive less than
$225,000, subject to the availability of appro-
priations.
‘‘(e) SUCCEEDING YEAR GRANTS.—
171
‘‘(1) ELIGIBILITY.—A State shall be eligible for
a grant under this subsection in any fiscal year suc-
ceeding the first fiscal year in which the State re-
ceives a grant under subsection (d) if the State, to
the satisfaction of the Secretary—
‘‘(A) submits or updates a multiyear plan
described in paragraph (1)(B)(ii);
‘‘(B) certifies that the highway safety data
and traffic records coordinating committee of
the State continues to operate and supports the
multiyear plan; and
‘‘(C) reports annually on the State’s
progress in implementing the multiyear plan.
‘‘(2) GRANT AMOUNTS.—The amount of a suc-
ceeding year grant made to the State for a fiscal
year under this paragraph shall equal the amount
determined by multiplying—
‘‘(A) the amount appropriated to carry out
this section for such fiscal year; by
‘‘(B) the ratio that the funds apportioned
to the State under section 402 for fiscal year
1997 bears to the funds apportioned to all
States under section 402 for fiscal year 1997;
172
except that no State shall receive less than
$225,000, subject to the availability of appropria-
tions.
‘‘(f) ADMINISTRATIVE EXPENSES.—Funds author-
ized to be appropriated to carry out this section shall be
subject to a deduction not to exceed 5 percent for the nec-
essary costs of administering the provisions of this section.
‘‘(g) APPLICABILITY OF CHAPTER 1.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, all provisions of chapter 1
of this title that are applicable to National Highway
System funds, other than provisions relating to the
apportionment formula and provisions limiting the
expenditure of such funds to Federal-aid highways,
shall apply to the funds authorized to be appro-
priated to carry out this section.
‘‘(2) INCONSISTENT PROVISIONS.—If the Sec-
retary determines that a provision of chapter 1 of
this title is inconsistent with this section, such provi-
sion shall not apply to funds authorized to be appro-
priated to carry out this section.
‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI-
TURES.—The aggregate of all expenditures made
during any fiscal year by a State and its political
subdivisions (exclusive of Federal funds) for carrying
173
out the State highway safety program under section
402 (other than planning and administration) shall
be available for the purpose of crediting such State
during such fiscal year for the non-Federal share of
the cost of any project under this section (other than
one for planning or administration) without regard
to whether such expenditures were actually made in
connection with such project.
‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN
INDIAN TRIBE PROGRAMS.—In the case of a highway
safety data improvements program carried out by an
Indian tribe, if the Secretary is satisfied that an In-
dian tribe does not have sufficient funds available to
meet the non-Federal share of the cost of such pro-
gram, the Secretary may increase the Federal share
of the cost thereof payable under this title to the ex-
tent necessary.
‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY
DEPARTMENT’.—In applying provisions of chapter 1
in carrying out this section, the term ‘State highway
department’ as used in such provisions shall mean
the Governor of a State and, in the case of an In-
dian tribe program, the Secretary of the Interior.’’.
174
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such chapter is amended by inserting after the
item relating to section 405 the following:
‘‘406. State highway safety data improvements.’’.
SEC. 
206. 
ALCOHOL-IMPAIRED 
DRIVING 
COUNTER-
MEASURES.
Section 410 is amended to read as follows:
‘‘§ 410. Alcohol-impaired driving countermeasures
‘‘(a) GENERAL AUTHORITY.—Subject to the require-
ments of this section, the Secretary shall make grants to
States that adopt and implement effective programs to re-
duce traffic safety problems resulting from individuals
driving while under the influence of alcohol. Such grants
may only be used by recipient States to implement and
enforce such programs.
‘‘(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in any fiscal year unless
the State enters into such agreements with the Secretary
as the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other sources
for alcohol traffic safety programs at or above the average
level of such expenditures in its 2 fiscal years preceding
the date of the enactment of the Building Efficient Sur-
face Transportation and Equity Act of 1997.
‘‘(c) MAXIMUM PERIOD OF ELIGIBILITY; FEDERAL
SHARE FOR GRANTS.—No State may receive grants under
175
this section in more than 3 fiscal years beginning after
September 30, 1997. The Federal share payable for any
grant under this section shall not exceed—
‘‘(1) in the first and second fiscal years in
which the State receives a grant under this section,
75 percent of the cost of implementing and enforc-
ing in such fiscal year a program adopted by the
State pursuant to subsection (a); and
‘‘(2) in the third fiscal year in which the State
receives a grant under this section, 50 percent of the
cost of implementing and enforcing in such fiscal
year such program.
‘‘(d) BASIC GRANT ELIGIBILITY.—
‘‘(1) BASIC GRANT A.—A State shall become el-
igible for a grant under this paragraph by adopting
or demonstrating to the satisfaction of the Secretary
at least 5 of the following:
‘‘(A) .08 BAC PER SE LAW.—A law that
provides that any individual with a blood alco-
hol concentration of 0.08 percent or greater
while operating a motor vehicle shall be deemed
to be driving while intoxicated.
‘‘(B) ADMINISTRATIVE
LICENSE
REVOCA-
TION.—An administrative driver’s license sus-
pension or revocation system for individuals
176
who operate motor vehicles while under the in-
fluence of alcohol that requires that—
‘‘(i) in the case of an individual who,
in any 5-year period beginning after the
date of the enactment of the Building Effi-
cient Surface Transportation and Equity
Act of 1997, is determined on the basis of
a chemical test to have been operating a
motor vehicle under the influence of alco-
hol or is determined to have refused to
submit to such a test as proposed by a law
enforcement officer, the State agency re-
sponsible for administering drivers’ li-
censes, upon receipt of the report of the
law enforcement officer—
‘‘(I) shall suspend the driver’s li-
cense of such individual for a period
of not less than 90 days if such indi-
vidual is a first offender in such 5-
year period; and
‘‘(II) shall suspend the driver’s li-
cense of such individual for a period
of not less than 1 year, or revoke such
license, if such individual is a repeat
offender in such 5-year period; and
177
‘‘(ii) the suspension and revocation re-
ferred to under clause (i) shall take effect
not later than 30 days after the day on
which the individual refused to submit to a
chemical test or received notice of having
been determined to be driving under the
influence of alcohol, in accordance with the
State’s procedures.
‘‘(C) UNDERAGE
DRINKING
PROGRAM.—
An effective system, as determined by the Sec-
retary, for preventing operators of motor vehi-
cles under age 21 from obtaining alcoholic bev-
erages. Such system may include a graduated
licensing system, the issuance of drivers’ li-
censes to individuals under age 21 that are eas-
ily distinguishable in appearance from drivers’
licenses issued to individuals age 21 years of
age or older, and the issuance of drivers’ li-
censes that are tamper resistant.
‘‘(D) ENFORCEMENT PROGRAM.—Either—
‘‘(i) a statewide program for stopping
motor vehicles on a nondiscriminatory,
lawful basis for the purpose of determining
whether the operators of such motor vehi-
178
cles are driving while under the influence
of alcohol; or
‘‘(ii) a statewide special traffic en-
forcement program for impaired driving
that emphasizes publicity for the program.
‘‘(E) 
REPEAT
OFFENDERS.—Effective
sanctions for repeat offenders convicted of driv-
ing under the influence of alcohol. Such sanc-
tions, as determined by the Secretary, may in-
clude electronic monitoring; alcohol interlocks;
intensive supervision of probation; vehicle im-
poundment, confiscation, or forfeiture; dedi-
cated detention facilities; special measures to
reduce driving with a suspended license; and as-
signment of treatment.
‘‘(F) DRIVERS
WITH
HIGH
BAC’S.—Pro-
grams to target individuals with high blood al-
cohol concentrations who operate a motor vehi-
cle. Such programs may include implementation
of a system of graduated penalties and assess-
ment of individuals convicted of driving under
the influence of alcohol.
‘‘(G) 
YOUNG
ADULT
DRINKING
PRO-
GRAMS.—Programs to reduce driving while
under the influence of alcohol by individuals age
179
21 through 34. Such programs may include
awareness campaigns; traffic safety partner-
ships with employers, colleges, and the hospi-
tality industry; assessment of first time offend-
ers; and incorporation of treatment into judicial
sentencing.
‘‘(H) TESTING FOR BAC.—An effective sys-
tem for increasing the rate of testing for blood
alcohol concentration of motor vehicle drivers at
fault in fatal accidents.
‘‘(2) BASIC GRANT B.—A State shall become el-
igible for a grant under this paragraph by adopting
or demonstrating to the satisfaction of the Secretary
each of the following:
‘‘(A) FATAL IMPAIRED DRIVER PERCENT-
AGE REDUCTION.—The percentage of fatally in-
jured drivers with 0.10 percent or greater blood
alcohol concentration in the State has decreased
in each of the 3 most recent calendar years for
which statistics for determining such percent-
ages are available.
‘‘(B) FATAL IMPAIRED DRIVER PERCENT-
AGE
COMPARISON.—The percentage of fatally
injured drivers with 0.10 percent or greater
blood alcohol concentration in the State has
180
been lower than the average percentage for all
States in each of the calendar years referred to
in subparagraph (A).
‘‘(4) BASIC GRANT AMOUNT.—The amount of a
basic grant made to a State for a fiscal year under
this subsection shall equal up to 30 percent of the
amount apportioned to the State for fiscal year 1997
under section 402 of this title.
‘‘(e) DISCRETIONARY GRANTS.—
‘‘(1) IN GENERAL.—Upon receiving an applica-
tion from a State, the Secretary may make grants
to the State for carrying out innovative programs
(other than the programs specified in subsection (d))
to reduce traffic safety problems resulting from indi-
viduals driving while under the influence of alcohol.
Such programs may seek to achieve such a reduction
through legal, judicial, enforcement, educational,
technological, or other approaches.
‘‘(2) ELIGIBILITY.—A State shall be eligible to
receive a grant under this subsection in a fiscal year
only if the State is eligible to receive a grant under
subsection (d) in such fiscal year.
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section, not to exceed 12 per-
181
cent shall be available for making grants under this
subsection.
‘‘(f) ADMINISTRATIVE EXPENSES.—Funds author-
ized to be appropriated to carry out this section shall be
subject to a deduction not to exceed 5 percent for the nec-
essary costs of administering the provisions of this section.
‘‘(g) APPLICABILITY OF CHAPTER 1.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, all provisions of chapter 1
of this title that are applicable to National Highway
System funds, other than provisions relating to the
apportionment formula and provisions limiting the
expenditure of such funds to Federal-aid highways,
shall apply to the funds authorized to be appro-
priated to carry out this section.
‘‘(2) INCONSISTENT PROVISIONS.—If the Sec-
retary determines that a provision of chapter 1 of
this title is inconsistent with this section, such provi-
sion shall not apply to funds authorized to be appro-
priated to carry out this section.
‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI-
TURES.—The aggregate of all expenditures made
during any fiscal year by a State and its political
subdivisions (exclusive of Federal funds) for carrying
out the State highway safety program under section
182
402 (other than planning and administration) shall
be available for the purpose of crediting such State
during such fiscal year for the non-Federal share of
the cost of any project under this section (other than
one for planning or administration) without regard
to whether such expenditures were actually made in
connection with such project.
‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN
INDIAN TRIBE PROGRAMS.—In the case of an alco-
hol-impaired driving countermeasures program car-
ried out by an Indian tribe, if the Secretary is satis-
fied that an Indian tribe does not have sufficient
funds available to meet the non-Federal share of the
cost of such program, the Secretary may increase
the Federal share of the cost thereof payable under
this title to the extent necessary.
‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY
DEPARTMENT’.—In applying provisions of chapter 1
in carrying out this section, the term ‘State highway
department’ as used in such provisions shall mean
the Governor of a State and, in the case of an In-
dian tribe program, the Secretary of the Interior.
‘‘(h) DEFINITIONS.—In this section, the following
definitions apply:
183
‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco-
holic beverage’ has the meaning such term has
under section 158(c) of this title.
‘‘(2) CONTROLLED
SUBSTANCES.—The term
‘controlled substances’ has the meaning such term
has under section 102(6) of the Controlled Sub-
stances Act (21 U.S.C. 802(6)).
‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
streets, roads, and highways, but does not include a
vehicle operated only on a rail line.’’.
SEC. 207. NATIONAL DRIVER REGISTER.
(a) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—Section 30302 of title 49,
United States Code, is amended by adding at the end the
following:
‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—
‘‘(1) AGREEMENT.—The Secretary may enter
into an agreement with an organization that rep-
resents the interests of the States to manage, ad-
minister, and operate the National Driver Register’s
computer timeshare and user assistance functions. If
the Secretary decides to enter into such an agree-
184
ment, the Secretary shall ensure that the manage-
ment of these functions is compatible with this chap-
ter and the regulations issued to implement this
chapter.
‘‘(2) REQUIRED DEMONSTRATION.—Any trans-
fer of the National Driver Register’s computer
timeshare and user assistance functions to an orga-
nization that represents the interests of the States
shall begin only after a determination is made by the
Secretary that all States are participating in the Na-
tional Driver Register’s ‘Problem Driver Pointer
System’ (the system used by the Register to effect
the exchange of motor vehicle driving records), and
that the system is functioning properly.
‘‘(3) TRANSITION PERIOD.—Any agreement en-
tered into under this subsection shall include a pro-
vision for a transition period sufficient to allow the
States to make the budgetary and legislative changes
the States may need to pay fees charged by the or-
ganization representing their interests for their use
of 
the 
National 
Driver 
Register’s 
computer
timeshare and user assistance functions. During this
transition period, the Secretary shall continue to
fund these transferred functions.
185
‘‘(4) FEES.—The total of the fees charged by
the organization representing the interests of the
States in any fiscal year for the use of the National
Driver Register’s computer timeshare and user as-
sistance functions shall not exceed the total cost to
the organization of performing these functions in
such fiscal year.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection may be construed
to diminish, limit, or otherwise affect the authority
of the Secretary to carry out this chapter.’’.
(b) ACCESS TO REGISTER INFORMATION.—
(1) 
CONFORMING
AMENDMENTS.—Section
30305(b) of title 49, United States Code, is amend-
ed—
(A) in paragraph (2) by inserting before
the period at the end the following: ‘‘, unless
the information is about a revocation or suspen-
sion still in effect on the date of the request’’;
(B) in paragraph (8), as redesignated by
section 207(b) of the Coast Guard Authoriza-
tion Act of 1996 (Public Law 104–324, 110
Stat. 3908)—
186
(i) by striking ‘‘paragraph (2)’’ and
inserting ‘‘subsection (a) of this section’’;
and
(ii) by moving the text of such para-
graph 2 ems to the left; and
(C) by redesignating paragraph (8), as re-
designated by section 502(b)(1) of the Federal
Aviation Reauthorization Act of 1996 (Public
Law 104–264, 110 Stat. 3262), as paragraph
(9).
(2) FEDERAL
AGENCY
ACCESS
PROVISION.—
Section 30305(b) of title 49, United States Code, is
further amended—
(A) by redesignating paragraph (6) as
paragraph (10) and inserting such paragraph
after paragraph (9);
(B) by inserting after paragraph (5) the
following:
‘‘(6) The head of a Federal department or agency
that issues motor vehicle operator’s licenses may request
the chief driver licensing official of a State to obtain infor-
mation under subsection (a) of this section about an indi-
vidual applicant for a motor vehicle operator’s license from
such department or agency. The department or agency
may receive the information, provided it transmits to the
187
Secretary a report regarding any individual who is denied
a motor vehicle operator’s license by that department or
agency for cause; whose motor vehicle operator’s license
is revoked, suspended, or canceled by that department or
agency for cause; or about whom the department or agen-
cy has been notified of a conviction of any of the motor
vehicle-related offenses or comparable offenses listed in
section 30304(a)(3) and over whom the department or
agency has licensing authority. The report shall contain
the information specified in section 30304(b).’’; and
(C) by adding at the end the following:
‘‘(11) The head of a Federal department or agency
authorized to receive information regarding an individual
from the Register under this section may request and re-
ceive such information from the Secretary.’’.
SEC. 208. BLOWOUT RESISTANT TIRES.
(a) STUDY.—The Secretary shall conduct a study on
the benefit to public safety of the use of blowout resistant
tires on commercial motor vehicles and the potential to
decrease the incidence of accidents and fatalities from ac-
cidents occurring as a result of blown out tires.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study conducted
under this section.
188
(c) LIMITATION ON FUNDING.—The Secretary may
not expend more than $200,000 in conducting the study
under this section.
SEC. 209. EFFECTIVENESS OF LAWS ESTABLISHING MAXI-
MUM BLOOD ALCOHOL CONCENTRATIONS.
(a) STUDY.—The Comptroller General shall conduct
a study to evaluate the effectiveness of State laws that—
(1) deem any individual with a blood alcohol
concentration of 0.08 percent or greater while oper-
ating a motor vehicle to be driving while intoxicated;
and
(2) deem any individual under the age of 21
with a blood alcohol concentration of 0.02 percent or
greater while operating a motor vehicle to be driving
while intoxicated;
in reducing the number and severity of alcohol-involved
crashes.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Public Works and the Environment of the Sen-
ate a report containing the results of the study conducted
under this section.
189
SEC. 210. AUTHORIZATIONS OF APPROPRIATIONS.
The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) NHTSA HIGHWAY
SAFETY
PROGRAMS.—
For carrying out section 402 of title 23, United
States Code, by the National Highway Traffic Safe-
ty Administration $128,200,000 for fiscal year
1998, $150,700,000 for fiscal year 1999, and
$195,700,000 for fiscal year 2000.
(2) FHWA HIGHWAY SAFETY PROGRAMS.—For
carrying out section 402 of title 23, United States
Code, by the Federal Highway Administration
$12,000,000 for fiscal year 1998, $20,000,000 for
fiscal year 1999, and $25,000,000 for fiscal year
2000.
(3) NHTSA HIGHWAY SAFETY RESEARCH AND
DEVELOPMENT.—For carrying out section 403 of
such title by the National Highway Traffic Safety
Administration $55,000,000 per fiscal year for fiscal
years 1998 through 2000.
(4) FHWA HIGHWAY SAFETY RESEARCH AND
DEVELOPMENT.—For carrying out section 403 of
such title by the Federal Highway Administration
$20,000,000 per fiscal year for fiscal years 1998
through 2000.
190
(5) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS.—For carrying out section 405 of such title
$9,000,000 for fiscal year 1998 and $20,000,000
per fiscal year for fiscal years 1999 and 2000.
(6) STATE HIGHWAY SAFETY DATA GRANTS.—
For carrying out section 406 of such title
$2,500,000 for fiscal year 1998 and $12,000,000
per fiscal year for fiscal years 1999 and 2000.
(7) ALCOHOL
TRAFFIC
SAFETY
INCENTIVE
GRANT PROGRAM.—For carrying out section 410 of
such title $35,000,000 for fiscal year 1998 and
$45,000,000 per fiscal year for fiscal years 1999
and 2000.
(8) NATIONAL DRIVER REGISTER.—For carry-
ing out chapter 303 of title 49, United States Code,
by the National Highway Traffic Safety Administra-
tion, $2,300,000 per fiscal year for fiscal years 1998
through 2000.
SEC. 211. TRANSPORTATION INJURY RESEARCH.
(a) IN GENERAL.—The Secretary shall make grants
to establish and maintain a center for transportation in-
jury research at the State University of New York at Buf-
falo.
(b) FUNDING.—Of the amounts made available for
each of fiscal years 1998 through 2000 by section