Transportation Equity Act for the 21st Century
PL 105-178 (H.R.2400), enacted 06/09/1998

PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 107 
Public Law 105-178 
105th Congress 
An Act 
To authorize funds for Federal-aid highways, highway safety programs, and transit 
June 9, 1998 
programs, and for other purposes. 
[H.R. 2400] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
Transportation 
Equity Act for 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
the 21st Century. 
(a) SHORT TITLE.—This Act may be cited as the 'Transportation 
f^^' 
Equity Act for the 21st Century". 
governmental 
(b) TABLE OF CONTENTS.—^The table of contents of this Act relations. 
is as follows: 
^ ^ > . ,„, 
. 
23 u s e 101 note. 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—^Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Apportionments. 
Sec. 1104. Minimum guarantee. 
Sec. 1105. Revenue aligned budget authority. 
Sec. 1106. Federal-aid systems. 
Sec. 1107. Interstate maintenance program. 
Sec. 1108. Surface transportation program. 
Sec. 1109. Highway bridge program. 
Sec. 1110. Congestion mitigation and air quality improvement program. 
Sec. 1111. Federal share. 
Sec. 1112. Recreational trails program. 
Sec. 1113. Emergency relief 
Sec. 1114. Highway use tax evasion projects. 
Sec. 1115. Federal lands highways program. 
Sec. 1116. Woodrow Wilson Memorial Bridge. 
Sec. 1117. Appalachian development highway system. 
^ 
Sec. 1118. National corridor planning and development program. 
Sec. 1119. Coordinated border infrastructure and safety program. 
Subtitle B—General Provisions 
Sec. 1201. Definitions. 
Sec. 1202. Bicycle transportation and pedestrian walkways. 
Sec. 1203. Metropolitan planning. 
Sec. 1204. Statewide planning. 
Sec. 1205. Contracting for engineering and design services. 
Sec. 1206. Access of motorcycles. 
Sec. 1207. Construction of ferry boats and ferry terminal facilities. 
Sec. 1208. Training. 
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles. 
Sec. 1210. Advanced travel forecasting procedures program. 
Sec. 1211. Amendments to prior surface transportation laws. 
Sec. 1212. Miscellaneous. 
Sec. 1213. Studies and reports. 
Sec. 1214. Federal activities. 
112 STAT. 108 
PUBLIC LAW 105-178—JUNE 9, 1998 
Sec. 1215. Designated transportation enhancement activities. 
Sec. 1216. Innovative surface transportation financing methods. 
Sec. 1217. Eligibility. 
Sec. 1218. Magnetic levitation transportation technology deplojrment program. 
Sec. 1219. National scenic byways program. 
Sec. 1220. Elimination of regional ofilce responsibilities. 
Sec. 1221. Transportation and community and system preservation pilot program. 
Sec. 1222. Additions to Appalachian region. 
Subtitle C—Program Streamlining and Flexibility 
Sec. 1301. Real property acquisition and corridor preservation. 
Sec. 1302. Payments to States for construction. 
Sec. 1303. Proceeds from the sale or lease of real property. 
Sec. 1304. Engineering cost reimbursement. 
Sec. 1305. Project approval and oversight. 
Sec. 1306. Standards. 
Sec. 1307. Design-build contracting. 
Sec. 1309. Major investment study integration. 
Sec. 1309. Environmental streamlining. 
Sec. 1310. Uniform transferability of Federal-aid highway funds. 
Subtitle D—Safety 
Sec. 1401. Hazard elimination program. 
Sec. 1402. Roadside safety technologies. 
Sec. 1403. Safety incentive grants for use of seat belts. 
Subtitle E—^Finance 
Sec. 1501. Short title. 
Sec. 1502. Findings. 
Sec. 1503. Establishment of program. 
Sec. 1504. Duties of the Secretary. 
Subtitle F—High Priority Projects 
Sec. 1601. High priority projects program. 
Sec. 1602. Project authorizations. 
Sec. 1603. Special rule. 
TITLE II—HIGHWAY SAFETY 
Sec. 2001. Highway safety programs. 
Sec. 2002. Highway safety research and development. 
Sec. 2003. Occupant protection. 
Sec. 2004. Alcohol-impaired driving countermeasures. 
Sec. 2005. State highway safety data improvements. 
Sec. 2006. National Driver Register. 
Sec. 2007. Safety studies. 
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol concentrations. 
Sec. 2009. Authorizations of appropriations. 
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 
Sec. 3001. Short title. 
Sec. 3002. Amendments to title 49, United States Code. 
Sec. 3003. Definitions. 
Sec. 3004. Metropolitan planning. 
Sec. 3005. Transportation improvement program. 
Sec. 3006. Transportation management areas. 
Sec. 3007. Urbanized area formula grants. 
Sec. 3008. Clean fuels formula grant program. 
Sec. 3009. Capital investment grants and loans. 
Sec. 3010. Dollar value of mobility improvements. 
Sec. 3011. Local share. 
Sec. 3012. Intelligent transportation systems applications. 
Sec. 3013. Formula grants and loans for special needs of elderly individuals and in-
dividuals with disabilities. 
Sec. 3014. Formula program for other than urbanized areas. 
Sec. 3015. Research, development, demonstration, and training projects. 
Sec. 3016. National planning and research programs. 
Sec. 3017. National Transit Institute. 
Sec. 3018. Bus testing facilities. 
Sec. 3019. Bicycle facilities. 
Sec. 3020. General provisions on assistance. 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 109 
Sec. 3021. Pilot program for intercity rail infrastructure investment from mass tran-
sit account of highway trust fund. 
Sec. 3022. Contract requirements. 
Sec. 3023. Special procurements. 
Sec. 3024. Project management oversight and review. 
Sec. 3025. Administrative procedvu-es. 
Sec. 3026. Reports and audits. 
Sec. 3027. Apportionment of appropriations for formula grants. 
Sec. 3028. Apportionment of appropriations for fixed guideway modernization. 
Sec. 3029. Authorizations. 
Sec. 3030. Projects for new fixed guideway systems and extensions to existing sys-
tems. 
Sec. 3031. Projects for bus and bus-related facilities. 
Sec. 3032. Contracting out study. 
Sec. 3033. Urbanized area formula study. 
Sec. 3034. Coordinated transportation services. 
Sec. 3035. Final assembly of buses. 
Sec. 3036. Clean fuel vehicles. 
Sec. 3037. Job access and reverse commute grants. 
Sec. 3038. Rural transportation accessibility incentive program. 
Sec. 3039. Study of transit needs in national parks and related public lands. 
Sec. 3040. Obligation ceiling. 
Sec. 3041. Adjustments for the Surface Transportation Extension Act of 1997. 
TITLE IV—MOTOR CARRIER SAFETY 
Sec. 4001. Amendments to title 49, United States Code. 
Sec. 4002. Statement of purposes. 
Sec. 4003. State grants. 
Sec. 4004. Information systems. 
Sec. 4005. Automobile transporter defined. 
Sec. 4006. Inspections and reports. 
Sec. 4007. Waivers, exemptions, and pilot programs. 
Sec. 4008. Safety regulation. 
Sec. 4009. Safety fitness. 
Sec. 4010. Repeal of certain obsolete miscellaneous authorities. 
Sec. 4011. Commercial vehicle operators. 
Sec. 4012. Exemption from certain regulations for utility service commercial motor 
vehicle drivers. 
Sec. 4013. Participation in international registration plan and international fuel tax 
agreement. 
Sec. 4014. Safety performance history of new drivers; limitation on liability. 
Sec. 4015. Penalties. 
Sec. 4016. Authority over charter bus transportation. 
Sec. 4017. Telephone hotline for reporting safety violations. 
Sec. 4018. Insulin treated diabetes mellitus. 
Sec. 4019. Performance-based CDL testing. 
Sec. 4020. Post-accident alcohol testing. 
Sec. 4021. Driver fatigue. 
Sec. 4022. Improved flow of driver history pilot program. 
Sec. 4023. Employee protections. 
Sec. 4024. Improved interstate school bus safety. 
Sec. 4025. Truck trailer conspicuity. 
Sec. 4026. DOT implementation plan. 
Sec. 4027. Study oi adequacy of parking facilities. 
Sec. 4028. Qualifications of foreign motor carriers. 
Sec. 4029. Federal motor carrier safety inspectors. 
Sec. 4030. School transportation safety. 
Sec. 4031. Designation of New Mexico commercial zone. 
Sec. 4032. Effects of MCSAP grant reductions. 
TITLE V—TRANSPORTATION RESEARCH 
Subtitle A—Funding 
Sec. 5001. Authorization of appropriations. 
Sec. 5002. Obligation ceiling. 
Sec. 5003. Notice. 
Subtitle B—Research and Technology 
Sec. 5101. Research and technology program. 
Sec. 5102. Surface transportation research. 
Sec. 5103. Technology deployment. 
112 STAT. 110 
PUBLIC LAW 105-178—JUNE 9, 1998 
Sec. 5104. Training and education. 
Sec. 5105. State pmnning and research. 
Sec. 5106. International nighway transportation outreach program. 
Sec. 5107. Surface transportation-environment cooperative research program. 
Sec. 5108. Surface transportation research strategic planning. 
Sec. 5109. Bureau of Transportation Statistics. 
Sec. 5110. University transportation research. 
Sec. 5111. Advanced vehicle technologies program. 
Sec. 5112. Study of future strategic highway research program. 
Sec. 5113. Commercial remote sensing products and spatial information tech-
nologies. 
Sec. 5114. Sense of the Congress on the year 2000 problem. 
Sec. 5115. International trade traffic. 
Sec. 5116. University grants. 
Sec. 5117. Transportation technology innovation and demonstration program. 
Sec. 5118. Drexel University Intelligent Infrastructure Institute. 
Sec. 5119. Conforming amendments. 
Subtitle C—Intelligent Transportation Systems 
Sec. 5201. Short title. 
Sec. 5202. Findings. 
Sec. 5203. Goals and purposes. 
Sec. 5204. General authorities and requirements. 
Sec. 5205. National ITS program plan. 
Sec. 5206. National architecture and standards. 
Sec. 5207. Research and development. 
Sec. 5208. Intelligent transportation system integration program. 
Sec. 5209. Commercial vehicle intelligent transportation system infrastructure de-
ployment. 
Sec. 5210. Use of funds. 
Sec. 5211. Definitions. 
Sec. 5212. Project funding. 
Sec. 5213. Repeal. 
TITLE VI—OZONE AND PARTICULATE MATTER STANDARDS 
Sec. 6101. Findings and purpose. 
Sec. 6102. Particulate matter monitoring program. 
Sec. 6103. Ozone designation requiremente. 
Sec. 6104. Additional provisions. 
TITLE VII—MISCELLANEOUS 
Subtitle A—^Automobile Safety and Information 
Sec. 7101. Short title. 
Sec. 7102. Authorization of appropriations. 
Sec. 7103. Improving air bag safety. 
Sec. 7104. Restrictions on lobbying activities. 
Sec. 7105. Odometers. 
Sec. 7106. Miscellaneous amendments. 
Sec. 7107. Importation of motor vehicle for show or display. 
Subtitle B—Railroads 
Sec. 7201. High-speed rail. 
Sec. 7202. Light density rail line pilot projects. 
Sec. 7203. Railroad rehabilitation and improvement financing. 
Sec. 7204. Alaska Railroad. 
Subtitle C—Comprehensive One-Call Notification 
Sec. 7301. Findings. 
Sec. 7302. One-call notification programs. 
Subtitle D—Sportfishing and Boating Safety 
Sec. 7401. Short title; amendment of 1950 Act. 
Sec. 7402. Outreach and communications programs. 
Sec. 7403. Clean Vessel Act funding. 
Sec. 7404. Boating infrastructure. 
Sec. 7405. Boat safety funds. 
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE 
AND BUDGET OFFSETS 
Subtitle A—^Transportation Discretionary Spending Guarantee 
Sec. 8101. Discretionary spending categories. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. I l l 
Sec. 8102. Conforming the Paygo Scorecard with this Act. 
Sec. 8103. Level of obligation limitations. 
Subtitle B—^Veterans' Benefits 
Sec. 8201. Short title. 
Sec. 8202. Prohibition on establishment of service-connection for disabilities relating 
to use of tobacco products. 
Sec. 8203. Twenty percent increase in rates of basic educational assistance under 
Montgomery GI Bill. 
Sec. 8204. Increase in assistance amount for specially adapted housing. 
Sec. 8205. Increase in amount of assistance for automobile and adaptive equipment 
for certain disabled veterans. 
Sec. 8206. Increase in aid and attendance rates for veterans eligible for pension. 
Sec. 8207. Eligibility of certain remarried surviving spouses for reinstatement of de-
pendency and indemnity compensation upon termination of that remar-
riage. 
Sec. 8208. Extension of prior revision to offset rule for Department of Defense spe-
cial separation benefit program. 
Sec. 8209. Sense of the Congress concerning recovery from tobacco companies of 
costs of treatment of veterans for tobacco-related illnesses. 
Subtitle C—Temporary Student Loan Provision. 
Sec. 8301. Temporary student loan provision. 
Subtitle D—Block Grants for Social Services 
Sec. 8401. Block grants for social services. 
TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986 
Sec. 9001. Short title; amendment of 1986 Code. 
Sec. 9002. Extension of highway-related taxes and trust fund. 
Sec. 9003. Extension and modification of tax benefits for alcohol fuels. 
Sec. 9004. Modifications to Highway Trust Fund. 
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund. 
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel. 
Sec. 9007. Additional qualified expenses available to non-Amtrak States. 
Sec. 9008. Delay in effective date of new requirement for approved diesel or ker-
osene terminals. 
Sec. 9009. Simplified fiiel tax refund procedures. 
Sec. 9010. Election to receive taxable cash compensation in lieu of nontaxable quali-
fied transportation fringe benefits. 
Sec. 9011. Repeal of National Recreational Trails Trust Fund. 
Sec. 9012. Identification of limited tax benefits subject to line item veto. 
SEC. 2. DEFINITIONS. 
23 USC 101 note. 
In this Act, the following definitions apply: 
(1) INTERSTATE SYSTEM.—The term "Interstate System" has 
the meaning such term has under section 101 of title 23, 
United States Code. 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of Transportation. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—^Authorizations and Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) 
INTERSTATE MAINTENANCE PROGRAM.—For the 
Inter-
state maintenance program under section 119 of title 23, United 
States Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 
for fiscal year 1999, $3,994,524,000 for fiscal year 2000, 
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal 
year 2002, and $4,217,635,000 for fiscal year 2003. 
112 STAT. 112 
PUBLIC LAW 105-178-^UNE 9, 1998 
(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway 
System under section 103 of such title $4,112,480,000 for fiscal 
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000 
for fiscal year 2000, $4,887,986,000 for fiscal year 2001, 
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for fiscal 
year 2003. 
(3) BRIDGE PROGRAM.—For the bridge program under sec-
tion 144 of such title $2,941,454,000 for fiscal year 1998, 
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal 
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000 
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003. 
(4) SURFACE TRANSPORTATION PROGRAM.—For the surface 
transportation program under section 133 of such title 
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal 
year 1999, $5,592,333 000 for fiscal year 2000, $5,702,651,000 
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and 
$5,904,689,000 for fiscal year 2003. 
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM.—For the congestion mitigation and air quality 
improvement 
program 
under 
section 149 of such 
title 
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal 
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000 
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and 
$1,433,996,000 for fiscal year 2003. 
(6) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PRO-
GRAM.—For the Appalachian development highway system pro-
gram under section 201 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App.) $450,000,000 for each of 
fiscal years 1999 through 2003. 
(7) RECREATIONAL TRAILS PROGRAM.—For the recreational 
trails program under section 206 of such title $30,000,000 for 
fiscal year 1998, $40,000,000 for fiscal year 1999, and 
$50,000,000 for each of fiscal years 2000 through 2003. 
(8) FEDERAL LANDS HIGHWAYS PROGRAM.— 
(A) INDIAN RESERVATION ROADS.—For Indian reserva-
tion roads under section 204 of such title $225,000,000 
for fiscal year 1998 and $275,000,000 for each of fiscal 
years 1999 through 2003. 
(B) PUBLIC LANDS HIGHWAYS.—For public lands high-
ways under section 204 of such title $196,000,000 for fiscal 
year 1998 and $246,000,000 for each of fiscal years 1999 
through 2003. 
(C) PARK ROADS AND PARKWAYS.—For park roads and 
parkways under section 204 of such title $115,000,000 for 
fiscal year 1998 and $165,000,000 for each of fiscal years 
1999 through 2003. 
(D) REFUGE ROADS.—For refuge roads under section 
204 of such title $20,000,000 for each of fiscal years 1999 
through 2003. 
(9) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND 
COORDINATED BORDER INFRASTRUCTURE PROGRAMS.—For the 
national corridor planning and development and coordinated 
border infrastructure programs under sections 1118 and 1119 
of this Act $140,000,000 for each of fiscal years 1999 through 
2003. 
(10) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES.—For construction of ferry boats and ferry terminal 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 113 
facilities under section 
1064 of the Intermodal 
Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 
105 Stat. 2005) $30,000,000 for each of fiscal year 1998 and 
$38,000,000 for each of fiscal years 1999 through 2003. 
(11) NATIONAL SCENIC BYWAYS PROGRAM.—^For the national 
scenic byways program under section 162 of title 23, United 
States Code, $23,500,000 for each of fiscal years 1998 and 
1999, $24,500,000 for each of fiscal years 2000 and 2001, and 
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal 
year 2003. 
(12) VALUE PRICING PILOT PROGRAM.—For the value pricing 
pilot program under section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
105 Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 
for each of fiscal years 2000 through 2003. 
(13) HIGH PRIORITY PROJECTS PROGRAM.—For the high 
priority projects program under section 117 of title 23, United 
States Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 
for fiscal year 1999, $1,678,410,000 for fiscal year 2000, 
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal 
year 2002, and $1,771,655,000 for fiscal year 2003. 
(14) HIGHWAY USE TAX EVASION PROJECTS.—^For highway 
use tax evasion projects under section 143 of such title 
$5,000,000 for each of fiscal years 1998 through 2003. 
(15) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.— 
For the Commonwealth of Puerto Rico highway program under 
section 1214(r) of this Act $110,000,000 for fiscal years 1998 
through 2003. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
23 use loi note. 
(1) GENERAL RULE.—Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts 
made available for any program under titles I, III, and V 
of this Act shall be expended with small business concerns 
owned and controlled by socially and economically disadvan-
taged individuals. 
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) SMALL BUSINESS CONCERN.—The term "small busi-
ness concern" has the meaning such term has under section 
3 of the Small Business Act (15 U.S.C. 632); except that 
such term shall not include any concern or group of con-
cerns controlled by the same socially and economically dis-
advantaged individual or individuals which has average 
annual gross receipts over the preceding 3 fiscal years 
in excess of $16,600,000, as adjusted by the Secretary for 
inflation. 
(B) 
SOCIALLY 
AND 
ECONOMICALLY 
DISADVANTAGED 
INDIVIDUALS.—^The term "socially and economically dis-
advantaged individuals" has the meaning such term has 
under section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations promul-
gated pursuant thereto; except that women shall be pre-
sumed to be socially and economically disadvantaged 
individuals for purposes of this subsection. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER- 
Notification. 
PRISES.—^Each State shall annually survey and compile a list 
of the small business concerns referred to in paragraph (1) 
112 STAT. 114 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
and the location of such concerns in the State and notify the 
Secretary, in writing, of the percentage of such concerns which 
are controlled by women, by socially and economically disadvan-
taged individuals (other than women), and by individuals who 
are women and are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.—The Secretary shall establish 
minimum uniform criteria for State governments to use in 
certifying whether a concern qualifies for purposes of this sub-
section. Such minimum uniform criteria shall include, but not 
be limited to on-site visits, personal interviews, licenses, analy-
sis of stock ownership, listing of equipment, analysis of bonding 
capacity, listing of work completed, resume of principal owners, 
financial capacity, and type of work preferred. 
(5) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an entity or person to receive 
funds made available under titles I, III, and V of this Act, 
if the entity or person is prevented, in whole or in part, from 
complying with paragraph (1) because a Federal court issues 
a final order in which the court finds that the requirement 
of paragraph (1), or the program established under paragraph 
(1), is unconstitutional. 
Reports. 
(6) REVIEW BY COMPTROLLER GENERAL.—Not later 
than 
3 years after the date of enactment of this Act, the Comptroller 
Greneral of the United States shall conduct a review of, and 
publish and report to Congress findings and conclusions on, 
the impact throughout the United States of administering the 
requirement of paragraph (1), including an analysis of— 
(A) in the case of small business concerns certified 
in each State under paragraph (4) as owned and controlled 
by socially and economically disadvantaged individuals— 
(i) the number of the small business concerns; 
and 
(ii) the participation rates of the small business 
concerns in prime contracts and subcontracts funded 
under titles I, III, and V of this Act; 
(B) in the case of small business concerns described 
in subparagraph (A) that receive prime contracts and sub-
contracts funded under titles I, III, and V of this Act— 
(i) the number of the small business concerns; 
(ii) the annual gross receipts of the small business 
concerns; and 
(iii) the net worth of socially and economically 
disadvantaged individuals that own and control the 
small business concerns; 
(C) in the case of small business concerns described 
in subparagraph (A) that do not receive prime contracts 
and subcontracts funded under titles I, III, and V of this 
Act— 
(i) the annual gross receipts of the small business 
concerns; and 
(ii) the net worth of socially and economically dis-
advantaged individuals that own and control the small 
business concerns; 
(D) in the case of business concerns that receive prime 
contracts and subcontracts funded under titles I, III, and 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 115 
V of this Act, other than small business concerns described 
in subparagraph (B)— 
(i) the annual gross receipts of the business con-
cerns; and 
(ii) the net worth of individuals that own and 
control the business concerns; 
(E) the rate of graduation from any programs carried 
out to comply with the requirement of paragraph (1) for 
small business concerns owned and controlled by socially 
and economically disadvantaged individuals; 
(F) the overall cost of administering the requirement 
of paragraph (1), including administrative costs, certifi-
cation costs, additional construction costs, and litigation 
costs; 
(G) any discrimination on the basis of race, color, 
national origin, or sex against small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals; 
(H)(i) any other factors limiting the ability of small 
business concerns owned and controlled by socially and 
economically disadvantaged individuals to compete for 
prime contracts and subcontracts funded under titles I, 
III, and V of this Act; and 
(ii) the extent to which any of those factors are caused, 
in whole or in part, by discrimination based on race, color, 
national origin, or sex; 
(I) any discrimination, on the basis of race, color, 
national origin, or sex, against construction companies 
owned and controlled by socially and economically dis-
advantaged individuals in public and private transportation 
contracting and the financial, credit, insurance, and bond 
markets; 
(J) the impact on small business concerns owned and 
controlled by socially and economically disadvantaged 
individuals of— 
(i) the issuance of a final order described in para-
graph (5) by a Federal court that suspends a program 
established under paragraph (1); or 
(ii) the repeal or suspension of State or local dis-
advantaged business enterprise programs; and 
(K) the impact of the requirement of paragraph (1), 
and any program carried out to comply with paragraph 
(1), on competition and the creation of jobs, including the 
creation of jobs for socially and economically disadvantaged 
individuals. 
SEC. 1102. OBLIGATION CEIUNG. 
23 USC 104 note. 
(a) GENERAL LIMITATION.—^Notwithstanding any other provision 
of law but subject to subsections (g) and (h), the obligations for 
Federal-aid highway and highway safety construction programs 
(1) $21,500,000,000 for fiscal year 1998; 
(2) $25,431,000,000 for fiscal year 1999; 
(3) $26,155,000,000 for fiscal year 2000; 
(4) $26,651,000,000 for fiscal year 2001; 
(5) $27,235,000,000 for fiscal year 2002; and 
(6) $27,681,000,000 for fiscal year 2003. 
112 STAT. 116 
PUBLIC LAW 105-178—JUNE 9, 1998 
(b) EXCEPTIONS.—^The limitations under subsection (a) shall 
not apply to obligations— 
(1) under section 125 of title 23, United States Code; 
(2) under section 147 of the Surface Transportation Assist-
ance Act of 1978; 
(3) under section 9 of the Federal-Aid Highway Act of 
1981; 
(4) under sections 131(b) and 131(j) of the 
Surface 
Transportation Assistance Act of 1982; 
(5) under sections 149(b) and 149(c) of the 
Surface 
Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991; 
(7) under section 157 of title 23, United States Code, as 
in effect on the day before the date of enactment of this Act; 
and 
(8) under section 105 of title 23, United States Code (but, 
for each of fiscal years 1998 through 2007), only in an amount 
equal to $639,000,000 per fiscal year. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 1998 through 2003, the Secretary shall— 
(1) not distribute obligation authority provided by sub-
section (a) for such fiscal year for amounts authorized for 
administrative expenses and programs funded 
from 
the 
administrative takedown authorized by section 104(a) of title 
23, United States Code, and amounts authorized for the high-
way use tax evasion program and the Bureau of Transportation 
Statistics; 
(2) not distribute an amount of obligation authority pro-
vided by subsection (a) that is equal to the unobligated balance 
of amounts made available from the Highway Trust Fund (other 
than the Mass Transit Account) for Federal-aid highway and 
highway safety programs for previous fiscal years the funds 
for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation authority provided by subsection (a) 
for such fiscal year less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears to 
(B) the total of the sums authorized to be appropriated 
for Federal-aid highway and highway safety construction 
programs (other than sums authorized to be appropriated 
for sections set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appropriated for 
section 105 of title 23, United States Code, equal to the 
amount referred to in subsection (b)(8)) for such fiscal 
year less the aggregate of the amounts not distributed 
under paragraph (1) of this subsection; 
(4) distribute the obligation authority provided by sub-
section (a) less the aggregate amounts not distributed under 
paragraphs (1) and (2) for section 117 of title 23, United States 
Code (relating to high priority projects program), section 201 
of the Appalachian Regional Development Act of 1965, the 
Woodrow Wilson Memorial Bridge Authority Act of 1995, and 
$2,000,000,000 for such fiscal year under section 105 of such 
title (relating to minimum guarantee) so that amount of obliga-
tion authority available for each of such sections is equal to 
the amount determined by multiplying the ratio determined 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 117 
under paragraph (3) by the sums authorized to be appropriated 
for 
such 
section 
(except 
in 
the 
case 
of section 
105, 
$2,000,000,000) for such fiscal year; 
(5) distribute the obUgation authority provided by sub-
section (a) less the aggregate amounts not distributed under 
paragraphs (1) and (2) and amounts distributed under para-
graph (4) for each of the programs that are allocated by the 
Secretary under this Act and title 23, United States Code 
(other than activities to which paragraph (1) applies and pro-
grams to which paragraph (4) applies) by multiplying the ratio 
determined under paragraph (3) by the sums authorized to 
be appropriated for such program for such fiscal year; and 
(6) distribute the obligation authority provided by sub-
section (a) less the aggregate amounts not distributed under 
paragraphs (1) and (2) and amounts distributed under para-
graphs (4) and (5) for Federal-aid highway and highway safety 
construction programs (other than the minimum guarantee pro-
gram, but only to the extent that amounts apportioned for 
the minimum guarantee program for such fiscal year exceed 
$2,639,000,000, and the Appalachian development highway sys-
tem program) that are apportioned by the Secretary under 
this Act and title 23, United States Code, in the ratio that— 
(A) sums authorized to be appropriated for such pro-
grams that are apportioned to each State for such fiscal 
year, bear to 
(B) the total of the sums authorized to be appropriated 
for such programs that are apportioned to all States for 
such fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—^Not-
withstanding subsection (c), the Secretary shall after August 1 
of each of fiscal years 1998 through 2003 revise a distribution 
of the obligation authority made available under subsection (c) 
if a State will not obligate the amount distributed during that 
fiscal year and redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year giving priority to those States having large 
unobligated balances of funds apportioned under sections 104 and 
144 of title 23, United States Code, under section 160 of title 
23, United States Code (as in effect on the day before the date 
of enactment of this Act), and under section 1015 of the Intermodal 
Surface Transportation Act of 1991 (105 Stat. 1943-1945). 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—Obligation limitations imposed by 
subsection (a) shall apply to transportation research programs car-
ried out under chapter 3 of title 23, United States Code, and 
under title VI of this Act. 
if) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later 
than 30 days after the date of the distribution of obligation authority 
under subsection (c) for each of fiscal years 1998 through 2003, 
the Secretary shall distribute to the States any funds (1) that 
are authorized to be appropriated for such fiscal year for Federal-
aid highway programs (other than the program under section 160 
of title 23, United States Code) and for carrying out subchapter 
I of chapter 311 of title 49, United States Code, and chapter 4 
of title 23, United States Code, and (2) that the Secretary deter-
mines will not be allocated to the States, and will not be available 
for obligation, in such fiscal year due to the imposition of any 
112 STAT. 118 
PUBLIC LAW 105-178-^JUNE 9, 1998 
obligation limitation for such fiscal year. Such distribution to the 
States shall be made in the same ratio as the distribution of 
obligation authority under subsection (c)(6). The funds so distrib-
uted shall be available for any purposes described in section 133(b) 
of title 23, United States Code. 
(g) SPECIAL RULE.—Obligation authority distributed for a fiscal 
year under subsection (c)(4) for a section set forth in subsection 
(c)(4) shall remain available until used for obligation of funds for 
such section and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(h) INCREASE IN OBLIGATION LIMIT.—Limitations on obligations 
imposed by subsection (a) for a fiscal year shall be increased by 
an amount equal to the amount determined pursuant to section 
251(b)(l)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 
year. Any such increase shall be distributed in accordance with 
this section. 
(i) 
LIMITATIONS 
ON 
OBLIGATIONS 
FOR 
ADMINISTRATIVE 
EXPENSES.—Notwithstanding any other provision of law, the total 
amount of all obligations under section 104(a) of title 23, United 
States Code, shall not exceed— 
(1) $320,000,000 for fiscal year 1998; 
(2) $350,000,000 for fiscal year 1999; 
(3) $370,000,000 for fiscal year 2000; 
(4) $390,000,000 for fiscal year 2001; 
(5) $410,000,000 for fiscal year 2002; and 
(6) $430,000,000 for fiscal year 2003. 
SEC. 1103. APPORTIONMENTS. 
(a) ADMINISTRATIVE EXPENSES.—Section 104 of title 23, United 
States Code, is amended by striking subsection (a) and inserting 
the following: 
"(a) ADMINISTRATIVE EXPENSES.— 
"(1) IN GENERAL.—^Whenever an apportionment is made 
of the sums made available for expenditure on each of the 
surface transportation program under section 133, the bridge 
program under section 144, the congestion mitigation and air 
quality improvement program under section 149, the Interstate 
and National Highway System program under section 103, 
the minimum guarantee program under section 105, the Fed-
eral lands highway program under section 204, or the Appalach-
ian development highway system program under section 201 
of the Appalachian Regional Development Act of 1965 (40 
U.S.C. App.), the Secretary shall deduct a sum, in an amount 
not to exceed 1^2 percent of all sums so made available, as 
the Secretary determines necessary— 
"(A) to administer the provisions of law to be financed 
from appropriations for the Federal-aid highway program 
and programs authorized under chapter 2; and 
"(B) to make transfers of such sums as the Secretary 
determines to be appropriate to the Appalachian Regional 
Commission for administrative activities associated with 
the Appalachian development highway system. 
"(2) CONSIDERATION OF UNOBLIGATED BALANCES.—In mak-
ing the determination described in paragraph (1), the Secretary 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 119 
shall take into account the unobligated balance of any sums 
deducted under this subsection in prior fiscal years. 
"(3) AVAILABILITY.—^The sum deducted under paragraph 
(1) shall remain available until expended.", 
(b) APPORTIONMENTS.—Section 104(b) of such title is amended 
23 use 104. 
to read as follows: 
"(b) APPORTIONMENTS.—On October 1 of each fiscal year, the 
Secretary, after making the deduction authorized by subsection 
(a) and the set-aside authorized by subsection (f), shall apportion 
the remainder of the sums authorized to be appropriated for 
expenditure on the Interstate and National Highway System pro-
gram, the Congestion Mitigation and Air Quality Improvement 
program, and the Surface Transportation program for that fiscal 
year, among the several States in the following manner: 
"(1) NATIONAL HIGHWAY SYSTEM COMPONENT.— 
"(A) IN GENERAL.—For the National Highway System 
(excluding 
funds 
apportioned 
under 
paragraph (4)), 
$36,400,000 for each fiscal year to the Virgin Islands, 
Guam, American Samoa, and the Commonwealth of North-
ern Mariana Islands, $18,800,000 for each of fiscal years 
1999 through 2003 for the Alaska Highway, and the 
remainder apportioned as follows: 
"(i) 25 percent in the ratio that— 
"(I) the total lane miles of principal arterial 
routes (excluding Interstate System routes) in each 
State; bears to 
"(II) the total lane miles of principal arterial 
routes (excluding Interstate System routes) in all 
States, 
"(ii) 35 percent in the ratio that— 
"(I) the total vehicle miles traveled on lanes 
on principal arterial routes (excluding Interstate 
System routes) in each State; bears to 
"(II) the total vehicle miles traveled on lanes 
on principal arterial routes (excluding Interstate 
System routes) in all States, 
"(iii) 30 percent in the ratio that— 
"(I) the total diesel fuel used on highways 
in each State; bears to 
"(II) the total diesel fuel used on highways 
in all States, 
"(iv) 10 percent in the ratio that— 
"(I) the quotient obtained by dividing the total 
lane miles on principal arterial highways in each 
State by the total population of the State; bears 
to 
"(II) the quotient obtained by dividing the total 
lane miles on principal arterial highways in all 
States by the total population of all States. 
"(B) 
MINIMUM 
APPORTIONMENT.—Notwithstanding 
subparagraph (A) and paragraph (4), each State shall 
receive a minimum of V
2 of 1 percent of the funds appor-
tioned under subparagraph (A) and paragraph (4). 
"(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.— 
"(A) IN GENERAL.—For the congestion mitigation and 
air quality improvement program, in the ratio that— 
112 STAT. 120 
PUBLIC LAW 105-178^JUNE 9, 1998 
i 
"(i) the total of all weighted nonattainment and 
maintenance area populations in each State; bears to 
"(ii) the total of all weighted nonattainment and 
maintenance area populations in all States. 
"(B) CALCULATION OF WEIGHTED NONATTAINMENT AND 
MAINTENANCE AREA POPULATION.—Subject to subparagraph 
(C), for the purpose of subparagraph (A), the weirfjted 
nonattainment and maintenance area population shidl be 
calculated by multiplying the population of each^m-ea in 
a State that was a nonattainment area or maintenance 
area as described in section 149(b) for ozone or carbon 
monoxide by a factor of— 
"(i) 0.8 if— 
"(I) at the time of the apportionment, the area 
is a maintenance area; or 
"(II) at the time of the apportionment, the 
area is classified as a submarginal ozone non-
attainment area under the Clean Air Act (42 
U.S.C. 7401etseq.); 
"(ii) 1.0 if, at the time of the apportionment, the 
area is classified as a marginal ozone nonattainment 
area under subpart 2 of part D of title I of the Clean 
Air Act (42 U.S.C. 7511 et seq.); 
"(iii) 1.1 if, at the time of the apportionment, the 
area is classified as a moderate ozone nonattainment 
area under such subpart; 
"(iv) 1.2 if, at the time of the apportionment, the 
area is classified as a serious ozone nonattainment 
area under such subpart; 
"(v) 1.3 if, at the time of the apportionment, the 
area is classified as a severe ozone nonattainment area 
under such subpart; 
"(vi) 1.4 if, at the time of the apportionment, the 
area is classified as an extreme ozone nonattainment 
area under such subpart; or 
"(vii) 1.0 if, at the time of the apportionment, 
the area is not a nonattainment or maintenance area 
as described in section 149(b) for ozone, but is classified 
under subpart 3 of part D of title I of such Act (42 
U.S.C. 7512 et seq.) as a nonattainment area described 
in section 149(b) for carbon monoxide. 
"(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE 
AREAS.— 
"(i) CARBON MONOXIDE NONATTAINMENT AREAS.— 
If, in addition to being classified as a nonattainment 
or maintenance area for ozone, the area was also classi-
fied under subpart 3 of part D of title I of such Act 
(42 U.S.C. 7512 et seq.) as a nonattainment area 
described in section 149(b) for carbon monoxide, the 
weighted nonattainment or maintenance area popu-
lation of the area, as determined under clauses (i) 
through (vi) of subparagraph (B), shall be further 
multiplied by a factor of 1.2. 
"(ii) CARBON MONOXIDE MAINTENANCE AREAS.—If, 
in addition to being classified as a nonattainment or 
maintenance area for ozone, the area was at one time 
also classified under subpart 3 of part D of title I 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 121 
of such Act (42 U.S.C. 7512 et seq.) as a nonattainment 
area described in section 149(b) for carbon monoxide 
but has been redesignated as a maintenance area, 
the weighted nonattainment or maintenance area 
population of the area, as determined under clauses 
(i) through (vi) of subparagraph (B), shall be further 
multiplied by a factor of 1.1. 
"(D) MINIMUM APPORTIONMENT.—Notwithstanding any 
other provision of this paragraph, each State shall receive 
a minimum of V
2 of 1 percent of the funds apportioned 
under this paragraph. 
"(E) DETERMINATIONS OF POPULATION.—In determining 
P
opulation figures for the purposes of this paragraph, the 
ecretary shall use the latest available annual estimates 
prepared by the Secretary of Commerce. 
"(3) SURFACE TRANSPORTATION PROGRAM.— 
"(A) IN GENERAL.—For the surface transportation pro-
gram, in accordance with the following formula: 
"(i) 25 percent of the apportionments in the 
ratio that— 
"(I) the total lane miles of Federal-aid high-
ways in each State; bears to 
"(II) the total lane miles of Federal-aid high-
ways in all States. 
"(ii) 40 percent of the apportionments in the 
ratio that— 
"(I) the total vehicle miles traveled on lanes 
on Federal-aid highways in each State; bears to 
"(II) the total vehicle miles traveled on lanes 
on Federal-aid highways in all States. 
"(iii) 35 percent of the apportionments in the 
ratio that— 
"(I) the estimated tax payments attributable 
to highway users in each State paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the latest fiscal year for which data 
are available; bears to 
"(II) the estimated tax payments attributable 
to highway users in all States paid into the High-
way Trust Fund (other than the Mass Transit 
Account) in the latest fiscal year for which data 
are available. 
"(B) 
MINIMUM 
APPORTIONMENT.—^Notwithstanding 
subparagraph (A), each State shall receive a minimum 
of V
2 of 1 percent of the funds apportioned under this 
paragraph. 
"(4) 
INTERSTATE MAINTENANCE COMPONENT.—^For resur-
facing, restoring, rehabilitating, and reconstructing the Inter-
state System— 
"(A) 33^3 percent in the ratio that— 
"(i) the total lane miles on Interstate System routes 
open to traffic in each State; bears to 
"(ii) the total of all such lane miles in all States; 
"(B) 33 V
3 percent in the ratio that— 
"(i) the total vehicle miles traveled on lanes on 
Interstate System routes designated under— 
"(I) section 103; 
112 STAT. 122 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
"(11) section 139(a) (as in effect on the day 
before the date of enactment of the Transportation 
Equity Act for the 21st Century) before March 
9, 1984 (other than routes on toll roads not subject 
to a Secretarial agreement under section 105 of 
the Federal-Aid Highway Act of 1978 (92 Stat. 
2692)); and 
"(III) section 139(c) (as in effect on the day 
before the date of enactment of the Transportation 
Equity Act for the 21st Century); 
in each State; bears to 
"(ii) the total of all such vehicle miles traveled 
in all States; and 
"(C) 33 V
a percent in the ratio that— 
"(i) the total of each State's annual contributions 
to the Highway Trust Fund (other than the Mass Tran-
sit Account) attributable to commercial vehicles; bears 
to 
"(ii) the total of such annual contributions by all 
States. 
(c) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.— 
23 use 104. 
Section 104(d) of such title is amended— 
(1) in paragraph (1) by striking "The" and all that follows 
through "$300,000 for each" and inserting "Before making an 
apportionment under subsection (b)(3) of this section for a 
fiscal year, the Secretary shall set aside $500,000 for such"; 
and 
(2) by striking paragraphs (2) and (3) and inserting the 
following: 
"(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN 
HIGH SPEED RAIL CORRIDORS.— 
"(A) IN GENERAL.—Before making an apportionment 
of funds under subsection (b)(3) for a fiscal year, the Sec-
retary shall set aside $5,250,000 of the funds made avail-
able for the surface transportation program for the fiscal 
year for elimination of hazards of railway-highway cross-
ings. 
"(B) ELIGIBLE CORRIDORS.—Subject to subparagraph 
(E), funds made available under subparagraph (A) shall 
be expended for projects in— 
"(i) 5 railway corridors selected by the Secretary 
in accordance with this subsection (as in effect on 
the day before the date of enactment of this clause); 
"(ii) 3 railway corridors selected by the Secretary 
in accordance with subparagraphs (C) and (D); 
"(iii) a Gulf Coast high speed railway corridor (as 
designated by the Secretary); 
"(iv) a Keystone high speed railway corridor from 
Philadelphia to Harrisburg, Pennsylvania; and 
"(v) an Empire State railway corridor from New 
York City to Albany to Buffalo, New York. 
"(C) REQUIRED INCLUSION OF HIGH SPEED RAIL LINES.— 
A corridor selected by the Secretary under subparagraph 
(B) shall include rail lines where railroad speeds of 90 
miles or more per hour are occurring or can reasonably 
be expected to occur in the future. 
-.r^pm^ 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 123 
"(D) 
CONSIDERATIONS IN CORRIDOR SELECTION.—In 
selecting corridors under subparagraph (B), the Secretary 
shall consider— 
"(i) projected rail ridership volume in each corridor; 
"(ii) the percentage of each corridor over which 
a train will be capable of operating at its maximum 
cruise speed taking into account such factors as topog-
raphy and other traffic on the line; 
"(iii) projected benefits to nonriders such as conges-
tion relief on other modes of transportation serving 
each corridor (including congestion in heavily traveled 
air passenger corridors); 
"(iv) the amount of State and local financial sup-
port that can reasonably be anticipated for the 
improvement of the line and related facilities; and 
"(v) the cooperation of the owner of the right-
of-way that can reasonably be expected in the operation 
of high speed rail passenger service in each corridor. 
"(E) CERTAIN IMPROVEMENTS.—Not less than $250,000 
of such set-aside shall be available per fiscal year for 
eligible improvements to the Minneapolis/St. Paul-Chicago 
segment of the Midwest High Speed Rail Corridor. 
"(F) 
AUTHORIZATION OF APPROPRIATIONS.—-There 
is 
authorized to be appropriated $15,000,000 for each of fiscal 
years 1999 through 2003 to carry out this subsection.". 
(d) CERTIFICATION OF APPORTIONMENTS.—Section 104(e) of such 
title is amended— 
23 USC 104. 
(1) by inserting "CERTIFICATION OF APPORTIONMENTS.—" 
after "(e)"; 
(2) by inserting "(1) IN GENERAL.—" before "On October 
1"; 
(3) by striking the first parenthetical phrase; 
(4) by striking "and research" the first place it appears; 
(5) by striking the second sentence; 
(6) by adding at the end the following: 
"(2) NOTICE TO STATES.—If the Secretary has not made 
an apportionment under section 104, 144, or 157 by the 21st 
day of a fiscal year beginning after September 30, 1998, the 
Secretary shall transmit, by such 21st day, to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a written statement of the reason for 
not making such apportionment in a timely manner."; and 
(7) by indenting paragraph (1) (as designated by paragraph 
(2) of this subsection) and aligning such paragraph (1) with 
paragraph (2) of such section (as added by paragraph (6) of 
? this subsection). 
(e) METROPOLITAN PLANNING SET-ASIDE.—Section 104(f) of such 
title is amended— 
(1) in paragraph (1) by striking "Interstate construction 
and Interstate substitute programs" and inserting "recreational 
trails program"; and 
(2) in paragraph (3) by striking "1200') of this title" and 
inserting "120(b)". 
(f) RECREATIONAL TRAILS PROGRAM.—Section 104(h) of such 
title is amended to read as follows: 
"(h) RECREATIONAL TRAILS PROGRAM.— 
112 STAT. 124 
PUBLIC LAW 105-178-^JUNE 9, 1998 
"(1) ADMINISTRATIVE COSTS.—^Whenever an apportionment 
is made of the sums authorized to be appropriated to carry 
out the recreational trails program under section 206, the Sec-
retary shall deduct an amount, not to exceed iy2 percent of 
the sums authorized, to cover the cost to the Secretary for 
administration of and research and technical assistance under 
the recreational trails program and for administration of the 
National Recreational Trails Advisory Committee. The Sec-
retary may enter into contracts with for-profit organizations 
or contracts, partnerships, or cooperative agreements with other 
government agencies, institutions of higher learning, or non-
profit organizations to perform these tasks. 
"(2) APPORTIONMENT TO THE STATES.—After making the 
deduction authorized by paragraph (1) of this subsection, the 
Secretary shall apportion the remainder of the sums authorized 
to be appropriated for expenditure on the recreational trails 
program for each fiscal year, among the States in the following 
manner: 
"(A) 50 percent of that amount shall be apportioned 
equally among eligible States. 
"(B) 50 percent of that amount shall be apportioned 
among eligible States in amounts proportionate to the 
degree of non-highway recreational fuel use in each of 
those States during the preceding year. 
"(3) ELIGIBLE STATE DEFINED.—In this section, the term 
'eligible State' means a State that meets the requirements 
of section 206(c).". 
(g) AUDITS OF HIGHWAY TRUST FUND.—Section 104 of such 
23 use 104. 
title is amended by striking subsection (i) and inserting the follow-
ing: 
"(i) AUDITS OF HIGHWAY TRUST FUND.—From administrative 
funds deducted under subsection (a), the Secretary may reimburse 
the Office of Inspector Greneral of the Department of Transportation 
for the conduct of annual audits of financial statements in accord-
ance with section 3521 of title 31.". 
(h) REPORT ON OBLIGATIONS.—Section 104 of such title is 
amended by striking subsection (j) and inserting the following: 
"(j) REPORT TO CONGRESS.—The Secretary shall submit to Con-
gress a report for each fiscal year on— 
"(1) the amount obligated, by each State, for Federal-aid 
highways and highway safety construction programs during 
the preceding fiscal year; 
"(2) the balance, as of the last day of the preceding fiscal 
year, of the unobligated apportionment of each State by fiscal 
year under this section and sections 105 and 144; 
"(3) the balance of unobligated sums available for expendi-
ture at the discretion of the Secretary for such highways and 
programs for the fiscal year; and 
"(4) the rates of obligation of funds apportioned or set 
aside under this section and sections 105, 133, and 144, accord-
ing to— 
"(A) program; 
"(B) funding category or subcategory; 
"(C) type of improvement; 
"(D) State; and 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 125 
"(E) sub-State geographic area, including urbanized 
and rural areas, on the basis of the population of each 
such area.". 
(i) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—Section 104 
of such title is amended by inserting after subsection (j) the follow- 
23 USC 104. 
ing: 
"(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— 
"(1) TRANSFER OF HIGHWAY FUNDS.—Funds made available 
under this title and transferred for transit projects of a t3T)e 
described in section 133(b)(2) shall be administered by the 
Secretary in accordance with chapter 53 of title 49, except 
that the provisions of this title relating to the non-Federal 
share shall apply to the transferred funds. 
"(2) TRANSFER OF TRANSIT FUNDS.—Funds made available 
under chapter 53 of title 49 and transferred for highway projects 
shall be administered by the Secretary in accordance with 
this title, except that the provisions of such chapter relating 
to the non-Federal share shall apply to the transferred funds. 
"(3) 
TRANSFER 
OF 
OBLIGATION 
AUTHORITY.—Obligation 
authority provided for projects described in paragraphs (1) and 
(2) shall be transferred in the same manner and amount as 
the funds for the projects are transferred.". 
0') EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY 
TRUST FUND.—Section 104 of such title is amended by adding 
at the end the following: 
"(1) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY 
TRUST FUND.—^Notwithstanding any other provision of law, deposits 
into the Highway Trust Fund resulting from the application of 
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 872) 
shall not be taken into account in determining the apportionments 
and allocations that any State shall be entitled to receive under 
the Transportation Equity Act for the 21st Century and this title.", 
(k) TECHNICAL AMENDMENTS.—Section 104(0 of such title is 
amended— 
(1) by striking "(f)(1) On" and inserting the following: 
"(f) METROPOLITAN PLANNING.— 
"(1) SET-ASIDE.—On"; 
(2) in paragraph (1) by striking ", except that" and all 
that follows through "programs"; 
(3) by striking "(2) These" and inserting the following: 
"(2) 
APPORTIONMENT TO STATES OF SET-ASIDE FUNDS.— 
These"; 
(4) by striking "(3) The" and inserting the following: 
"(3) USE OF FUNDS.—The"; 
(5) by striking "(4) The" and inserting the following: 
"(4) 
DISTRIBUTION OF FUNDS WITHIN STATES.—^The"; 
and 
(6) by aligning the remainder of the text of each of para-
graphs (1) through (4) with paragraph (5). 
(1) CONFORMING AMENDMENTS.— 
(1) Section 146(a) of such title is amended in the first 
sentence by striking ", 104(b)(2), and 104(b)(6)" and inserting 
"and 104(b)(3)". 
(2) Section 158 of such title is amended— 
(A) in subsection (a)— 
(i) by striking paragraph (1); 
(ii) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively; 
112 STAT. 126 
PUBLIC LAW 105-178—JUNE 9, 1998 
(iii) in paragraph (1) (as so redesignated)— 
(I) by striking "AFTER THE FIRST YEAR" and 
inserting "IN GENERAL"; and 
(II) by striking "104(b)(2), 104(b)(5), and 
104(b)(6)" and inserting "104(b)(3), and 104(b)(4)"; 
and 
(iv) in paragraph (2) (as redesignated by clause 
(ii)) by striking "paragraphs (1) and (2) of this sub-
section" and inserting "paragraph (1)"; and 
(B) by striking subsection (b) and inserting the follow-
ing: 
"(b) EFFECT OF WITHHOLDING OF FUNDS.—No funds withheld 
under this section from apportionment to any State after September 
30, 1988, shall be available for apportionment to that State.". 
23 use 115. 
(3)(A) Section 115(b)(1) of such title is amended by striking 
"104(b)(5)" and inserting "104(b)(4)". 
(B) Section 137(f)(1) of such title is amended by striking 
"section 104(b)(5)(B) of this title" and inserting "section 
104(b)(4)". 
(C) Section 141(c) of such title is amended by striking 
"section 104(b)(5) of this title" each place it appears and insert-
ing "section 104(b)(4)". 
(D) Section 142(c) of such title is amended by striking 
"(other than section 104(b)(5)(A))". 
(E) Section 159 of such title is amended— 
(i) by striking "(5) of each place it appears and insert-
ing "(5) (as in effect on the day before the date of enactment 
of the Transportation Equity Act for the 21st Century) 
of; and 
(ii) in subsection (b)— 
(I) in paragraphs (l)(A)(i) and (3)(A) by striking 
"section 104(b)(5)(A)" each place it appears and insert-
ing "section 104(b)(5)(A) (as in effect on the day before 
the date of enactment of the Transportation Equity 
Act for the 21st Century)"; 
(II) in paragraph (l)(A)(ii) by striking "section 
104(b)(5)(B)" and inserting "section 104(b)(5)(B) (as in 
effect on the day before the date of enactment of the 
Transportation Equity Act for the 21st Century)"; 
(III) in paragraph (3)(B) by striking "(5)(B)" and 
inserting "(5)(B) (as in effect on the day before the 
date of enactment of the Transportation Equity Act 
for the 21st Century)"; and 
(IV) in paragraphs (3) and (4) by striking "section 
104(b)(5)" each place it appears and inserting "section 
104(b)(5) (as in effect on the day before the date of 
enactment of the Transportation Equity Act for the 
21st Century)". 
(F) Section 161(a) of such title is amended by striking 
"paragraphs (1), (3), and (5)(B) of section 104(b)" each place 
it appears and inserting "paragraphs (1), (3), and (4) of section 
104(b)". 
(4) Section 142(b) of such title is amended by striking 
"paragraph (5) of subsection (b) of section 104 of this title" 
and inserting "section 104(b)(4)". 
23 use 104 note. 
(m) ADJUSTMENTS FOR THE SURFAOE TRANSPORTATION EXTEN-
SION ACT OF 1997.— 
^J^% 
' ^ " ^ 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 127 
(1) IN GENERAL.—^Notwithstanding any other provision of 
law and subject to section 2(c) of the Surface Transportation 
Extension Act of 1997, the Secretary shall ensure that the 
total apportionments for a State (other than Massachusetts) 
for fiscal year 1998 made under the Transportation Equity 
Act for the 21st Century (including amendments made by such 
Act) shall be reduced by the amount apportioned to such State 
(other than Massachusetts) under section 1003(d)(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991. 
(2) REPAYMENT OF TRANSFERRED FUNDS.—The Secretary 
shall ensure that any apportionments made to a State for 
fiscal year 1998 and adjusted under paragraph (1) shall first 
be used to restore in accordance with section 3(c) of the Surface 
Transportation Extension Act of 1997 any funds that a State 
transferred under section 3 of such Act. 
(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If a State has 
insufficient funds apportioned in fiscal year 199^ under the 
Transportation Equity Act for the 21st Century (including 
amendments made by such Act) to make the adjustment 
required by paragraph (1), then the Secretary shall make an 
adjustment to any funds apportioned to such State in fiscal 
year 1999. 
(4) ALLOCATED PROGRAMS.—^Notwithstanding any other 
provision of law, amounts made available for fiscal year 1998 
by the Transportation Equity Act for the 21st Century (includ-
ing amendments made by such Act) for a program that is 
continued by both of sections 4, 5, 6, and 7 of the Surface 
Transportation Extension Act of 1997 (including amendments 
made by such sections) and the Transportation Equity Act 
for the 21st Century (including amendments made by such 
Act) shall be reduced by the amount made available by such 
sections 4, 5, 6, and 7 for such programs. 
(5) TREATMENT OF S T E A OBLIGATION AUTHORiTY.^The 
amount of obligation authority made available under section 
2(e) of the Surface Transportation Extension Act of 1997 shall 
be considered to be an amount of obligation authority made 
available for fiscal year 1998 under section 1102(a) of this 
Act. 
(n) STATE DEFINED.—For the purposes of apportioning funds 
23 use loi note. 
under sections 104, 105, 144, and 206, the term "State" means 
any of the 50 States and the District of Columbia. 
SEC. 1104. MINIMUM GUARANTEE. 
(a) IN GENERAL.—Section 105 of title 23, United States Code, 
is amended to read as follows: 
*
*
§ 105. Minimum guarantee 
"(a) GENERAL RULE.—For each of fiscal years 1998 through 
2003, the Secretary shall allocate among the States amounts suffi-
cient to ensure that each State's percentage of the total apportion-
ments for such fiscal year of Interstate maintenance, national high-
way system, bridge, congestion mitigation and air quality improve-
ment, surface transportation, metropolitan planning, minimum 
guarantee, high priority projects, Appalachian development highway 
system, and recreational trails programs shall equal the percentage 
listed for each State in subsection (b). 
112 STAT. 128 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
"(b) STATE PERCENTAGES.—^The percentage for each State 
referred to in subsection (a) shall be determined in accordance 
with the following table: 
"States: 
Percentage 
Alabama 
2.0269 
Alaska 
1.1915 
Arizona 
1.5581 
Arkansas 
1.3214 
California 
9.1962 
Colorado 
1.1673 
Connecticut 
1.5186 
Delaware 
0.4424 
District of Columbia 
0.3956 
Florida 
4.6176 
Georgia 
3.5104 
Hawaii 
0.5177 
Idaho 
i 
0.7718 
Illinois 
3.3819 
Indiana 
2.3588 
Iowa 
1.2020 
Kansas 
1.1717 
Kentucky 
1.7365 
Louisiana 
1.5900 
Maine 
0.5263 
Maryland 
1.5087 
Massachusetts 
1.8638 
Michigan 
3.1535 
Minnesota 
1.4993 
Mississippi 
1.2186 
Missouri 
2.3615 
Montana 
0.9929 
Nebraska 
0.7768 
Nevada 
0.7248 
New Hampshire 
0.5163 
New Jersey 
2.5816 
New Mexico 
0.9884 
New York 
5.1628 
North Carolina 
2.8298 
North Dakota 
0.6553 
Ohio 
3.4257 
Oklahoma 
1.5419 
Oregon 
1.2183 
Pennsylvania 
4.9887 
Rhode Island 
0.5958 
South Carolina 
1.5910 
South Dakota 
0.7149 
Tennessee 
2.2646 
Texas 
7.2131 
Utah 
0.7831 
Vermont 
0.4573 
Virginia 
2.5627 
Washington 
1.7875 
West Virginia 
1.1319 
Wisconsin 
1.9916 
Wyoming 
0.6951 
"(c) TREATMENT OF FUNDS.— 
"(1) PROGRAMMATIC DISTRIBUTION.—^The Secretary shall 
apportion 50 percent of the amounts made available under 
this section that exceed $2,800,000,000 so that the amount 
apportioned to each State under this paragraph for each pro-
gram referred to in subsection (a) (other than metropolitan 
planning, minimum guarantee, high priority projects, Appalach-
ian development highway system, and recreational trails pro-
grams) is equal to the amount determined by multiplying the 
amount to be apportioned under this paragraph by the ratio 
that— 
'' 
- ' • . * ' 
, l = * « " ^ - • * ' • ' 
' . 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 129 
"(A) the amount of funds apportioned to each State 
for each program referred to in subsection (a) for a fiscal 
year; bears to 
"(B) the total amount of funds apportioned to all States 
for such program for such fiscal year. 
"(2) REMAINING DISTRIBUTION.—^The Secretary shall appor-
tion the remainder of funds made available under this section 
to the States in accordance with section 104(b)(3); except that 
requirements of paragraphs (1), (2), and (3) of section 133(d) 
shall not apply to amounts apportioned pursuant to this para-
graph. 
"(d) AUTHORIZATION.—^There are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) such sums as may be necessary to carry out this section 
for each of fiscal years 1998 through 2003. 
"(e) SPECIAL RULE.—If in any of fiscal years 1999 through 
2003, the amount authorized under subsection (d) is more than 
30 percent higher than the amount authorized under subsection 
(d) in fiscal year 1998, the Secretary shall use the apportionment 
factors under sections 104 and 144 as in effect on the date of 
enactment of this section. 
"(f) GUARANTEE OF 90.5 RETURN.— 
"(1) IN GENERAL.—Before making any apportionment under 
this title for each of fiscal years 1999 through 2003, the Sec-
retary, subject to paragraph (2), shall adjust the percentages 
in the table in subsection (b) to reflect the estimated percentage 
of estimated tax payments attributable to highway users in 
each State paid into the Highway Trust Fund (other than 
the Mass Transit Account) in the latest fiscal year for which 
data is available, to ensure that no State's return from such 
Trust Fund is less than 90.5 percent. 
"(2) ELIGIBILITY THRESHOLD FOR INITIAL ADJUSTMENT.—The 
Secretary may make an adjustment under paragraph (1) for 
a State for a fiscal year only if the State's return from the 
Highway Trust Fund (other than the Mass Transit Account) 
for the preceding fiscal year was equal to or less than 90.5 
percent. 
"(3) CONFORMING ADJUSTMENTS.—After making any adjust-
ments under paragraph (1) for a fiscal year, the Secretary 
shall adjust the remaining percentages in the table set forth 
in subsection (b) to ensure that the total of the percentages 
in the table do not exceed 100 percent for such fiscal year. 
"(4) LIMITATION ON ADJUSTMENTS.—^After making any 
adjustments under paragraph (3) for a fiscal year, the Secretary 
shall determine whether or not any State's return from the 
Highway Trust Fund (other than the Mass Transit Account) 
is less than 90.5 percent as a result of such adjustments and 
shall adjust the percentages in the table for such fiscal year 
accordingly. Adjustments of the percentages in the table under 
this paragraph may not result in the total of such percentages 
exceeding 100 percent.". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title is amended by striking the item relating to section 105 
and inserting the following: 
"105. Minimum guarantee.". 
112 STAT. 130 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by striking section 110 and inserting the following: 
**^ 110. Revenue aligned budget authority 
"(a) DETERMINATION OF AMOUNT.—On October 15 of fiscal year 
1999, and each fiscal year thereafter, the Secretary shall allocate 
an amount of funds equal to the amount determined pursuant 
to section 251(b)(l)(B)(I)(cc) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)). 
"(b) GENERAL DISTRIBUTION.—The Secretary shall— 
"(1) determine the ratio that— 
"(A) the sums authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) 
for each of the for Federal-aid highway and highway safety 
construction programs (other than the minimum guarantee 
program) for which funds are allocated from such Trust 
Fund by the Secretary under this title and the Transpor-
tation Equity Act for the 21st Century for a fiscal year, 
bears to 
"(B) the total of all sums authorized to be appropriated 
from such Trust Fund for such programs for such fiscal 
year; 
"(2) multiply the ratio determined under paragraph (1) 
by the total amount of funds to be allocated under subsection 
(a) for such fiscal year; 
"(3) allocate the amount determined under paragraph (2) 
among such programs in the ratio that— 
"(A) the sums authorized to be appropriated from such 
Trust Fund for each of such programs for such fiscal year, 
bears to 
"(B) the sums authorized to be appropriated from such 
Trust Fund for all such programs for such fiscal year; 
and 
"(4) allocate the remainder of the funds to be allocated 
under subsection (a) for such fiscal year to the States in the 
ratio that— 
"(A) the total of all funds authorized to be appropriated 
from such Trust Fund for Federal-aid highway and highway 
safety construction programs that are apportioned to each 
State for such fiscal year but for this section, bears to 
"(B) the total of all funds authorized to be appropriated 
from such Trust Fund for such programs that are appor-
tioned to all States for such fiscal year but for this section. 
"(c) STATE PROGRAMMATIC DISTRIBUTION.—Of the funds to be 
apportioned to each State under subsection (b)(4) for a fiscal year, 
the Secretary shall ensure that such funds are apportioned for 
the Interstate Maintenance program, the National Highway System 
program, the bridge program, the surface transportation program, 
and the congestion mitigation air quality improvement program 
in the same ratio that each State is apportioned funds for such 
programs for such fiscal year but for this section. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as may be necessary to carry 
out this section for fiscal years beginning after September 30, 
1998.". 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 131 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title is amended by striking the item relating to section 110 
and inserting the following: 
"110. Revenue aligned budget authority.". 
SEC. 1106. FEDERAL-AID SYSTEMS. 
23 USC 103 note. 
(a) ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTER-
STATE MAINTENANCE PROGRAM.—^The Secretary shall administer 
the National Highway System program and the Interstate Mainte-
nance program as a combined program for purposes of allowing 
States maximum flexibility. References in this Act and title 23, 
United States Code, shall not be affected by such consolidation. 
(b) FEDERAL-AID SYSTEMS.—Section 103 of title 23, United 
States Code, is amended to read as follows: 
^§ 103. Federal-aid systems 
"(a) IN GENERAL.—For the purposes of this title, the Federal-
aid systems are the Interstate System and the National Highway 
System. 
"(b) NATIONAL HIGHWAY SYSTEM.— 
"(1) DESCRIPTION.—The National Highway System consists 
of the highway routes and connections to transportation facili-
ties depicted on the map submitted by the Secretary to Congress 
with the report entitled 'Pulling Together: The National High-
way System and its Connections to Major Intermodal Termi-
nals' and dated May 24, 1996. The system shall— 
"(A) serve major population centers, international bor-
der crossings, ports, airports, public transportation facili-
ties, and other intermodal transportation facilities and 
other major travel destinations; 
"(B) meet national defense requirements; and 
"(C) serve interstate and interregional travel. 
"(2) 
COMPONENTS.—^The 
National 
Highway 
System 
described in paragraph (1) consists of the following: 
"(A) The Interstate System described in subsection (c). 
"(B) Other urban and rural principal arterial routes. 
"(C) Other connector highways (including toll facilities) 
that provide motor vehicle access between arterial routes 
on the National Highway System and a major intermodal 
transportation facility. 
"(D) A strategic highway network consisting of a net-
work of highways that are important to the United States 
strategic defense policy and that provide defense access, 
continuity, and emergency capabilities for the movement 
of personnel, materials, and equipment in both peacetime 
and wartime. The highways may be highways on or off 
the Interstate System and shall be designated by the Sec-
retary in consultation with appropriate Federal agencies 
and the States. 
"(E) Major strategic highway network 
connectors 
consisting of highways that provide motor vehicle access 
between major military installations and highways that 
are part of the strategic highway network. The highways 
shall be designated by the Secretary in consultation with 
appropriate Federal agencies and the States. 
"(3) MAXIMUM MILEAGE.—The mileage of highways on the 
National Highway System shall not exceed 178,250 miles. 
112 STAT. 132 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(4) MODIFICATIONS TO NHS.— 
"(A) IN GENERAL.—^The Secretary may make any modi-
fication, including any modification consisting of a connec-
tor to a major intermodal terminal, to the National High-
way System that is proposed by a State or that is proposed 
by a State and revised by the Secretary if the Secretary 
determines that the modification— 
"(i) meets the criteria established for the National 
Highway System under this title; and 
"(ii) 
enhances 
the 
national 
transportation 
characteristics of the National Highway System. 
"(B) COOPERATION.— 
"(i) IN GENERAL.—In proposing a modification 
under this paragraph, a State shall cooperate with 
local and regional officials. 
"(ii) URBANIZED AREAS.—In an urbanized area, the 
local officials shall act through the metropolitan plan-
ning organization designated for the area under section 
134. 
"(5) CONGRESSIONAL HIGH PRIORITY CORRIDORS.—^Upon the 
completion of feasibility studies, the Secretary shall add to 
the National Highway System any congressional high priority 
corridor or any segment of such a corridor established by section 
1105 of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2031 et seq.) that was not identified on 
the National Highway System described in paragraph (1). 
"(6) ELIGIBLE PROJECTS FOR NHS.—Subject to approval by 
the Secretary, funds apportioned to a State under section 
104(b)(1) for the National Highway System may be obligated 
for any of the following: 
"(A) Construction, reconstruction, resurfacing, restora-
tion, and rehabilitation of segments of the National High-
way System. 
"(B) Operational improvements for segments of the 
National Highway System. 
"(C) Construction of, and operational improvements 
for, a Federal-aid highway not on the National Highway 
System, and construction of a transit project eligible for 
assistance under chapter 53 of title 49, if— 
"(i) the highway or transit project is in the same 
corridor as, and in proximity to, a fully access-con-
trolled highway designated as a part of the National 
Highway System; 
"(ii) the construction or improvements will improve 
the level of service on the fully access-controlled high-
way described in clause (i) and improve regional traffic 
flow; and 
"(iii) the construction or improvements are more 
cost-effective than an improvement to the fully access-
controlled highway described in clause (i). 
"(D) Highway safety improvements for segments of 
the National Highway System. 
"(E) Transportation planning in accordance with sec-
tions 134 and 135. 
"(F) Highway research and planning in accordance with 
chapter 5. 
"(G) Highway-related technology transfer activities. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 133 
"(H) Capital and operating costs for traffic monitoring, 
management, and control facilities and programs. 
"(I) Fringe and corridor parking facilities. 
"(J) Carpool and vanpool projects. 
"(K) Bicycle transportation and pedestrian walkways 
in accordance with section 217. 
"(L) Development, establishment, and implementation 
of management systems under section 303. 
"(M) In accordance with all applicable Federal law 
(including regulations), participation in natural habitat and 
wetland mitigation efforts related to projects funded under 
this title, which may include participation in natural habi-
tat and wetland mitigation banks, contributions to state-
wide and regional efforts to conserve, restore, enhance, 
and create natural habitats and wetland, and development 
of statewide and regional natural habitat and wetland con-
servation and mitigation plans, including any such banks, 
efforts, and plans authorized under the Water Resources 
Development Act of 1990 (Public Law 101-640) (including 
crediting provisions). Contributions to the mitigation efforts 
described in the preceding sentence may take place concur-
rent with or in advance of project construction; except 
that contributions in advance of project construction may 
occur only if the efforts are consistent with all applicable 
requirements of Federal law (including regulations) and 
State transportation planning processes. With respect to 
participation in a natural habitat or wetland mitigation 
effort related to a project funded under this title that 
has an impact that occurs within the service area of a 
mitigation bank, preference shall be given, to the maximum 
extent practicable, to the use of the mitigation bank if 
the bank contains sufficient available credits to offset the 
impact and the bank is approved in accordance with the 
Federal Guidance for the Establishment, Use and Oper-
ation of Mitigation Banks (60 Fed. Reg. 58605 (November 
28, 1995)) or other applicable Federal law (including regula-
tions). 
"(N) Publicly-owned intracity or intercity bus termi-
nals. 
"(O) Infrastructure-based 
intelligent 
transportation 
systems capital improvements. 
"(P) In the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands, 
any project eligible for assistance under section 133, any 
airport, and any seaport. 
"(c) INTERSTATE SYSTEM.— 
"(1) DESCRIPTION.— 
"(A) IN GENERAL.—The Dwight D. Eisenhower National 
System of Interstate and Defense Highways within the 
United States (including the District of Columbia and 
Puerto Rico) consists of highways designed, located, and 
selected in accordance with this paragraph. 
"(B) DESIGN.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), highways on the Interstate System shall be 
designed in accordance with the standards of section 
109(b). 
112 STAT. 134 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(ii) EXCEPTION.—Highways on the Interstate Sys-
tem in Alaska and Puerto Rico shall be designed in 
accordance with such geometric and construction 
standards as are adequate for current and probable 
future traffic demands and the needs of the locality 
of the highway. 
"(C) LOCATION.—Highways on the Interstate System 
shall be located so as— 
"(i) to connect by routes, as direct as practicable, 
the principal metropolitan areas, cities, and industrial 
centers; 
"(ii) to serve the national defense; and 
"(iii) to the maximum extent practicable, to connect 
at suitable border points with routes of continental 
importance in Canada and Mexico. 
"(D) SELECTION OF ROUTES.—^To the maximum extent 
practicable, each route of the Interstate System shall be 
selected by joint action of the State transportation depart-
ments of the State in which the route is located and the 
adjoining States, in cooperation with local and regional 
officials, and subject to the approval of the Secretary. 
"(2) MAXIMUM MILEAGE.—^The mileage of highways on the 
Interstate System shall not exceed 43,000 miles, exclusive of 
designations under paragraph (4). 
"(3) MODIFICATIONS.—^The Secretary may approve or 
require modifications to the Interstate System in a manner 
consistent with the policies and procedures established under 
this subsection. 
"(4) INTERSTATE SYSTEM DESIGNATIONS.— 
"(A) ADDITIONS.—If the Secretary determines that a 
highway on the National Highway System meets all stand-
ards of a highway on the Interstate System and that the 
highway is a logical addition or connection to the Interstate 
System, the Secretary may, upon the affirmative rec-
ommendation of the State or States in which the highway 
is located, designate the highway as a route on the Inter-
state System. 
"(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM 
ROUTES.— 
"(i) IN GENERAL.—If the Secretary determines that 
a highway on the National Highway System would 
be a logical addition or connection to the Interstate 
System and would qualify for designation as a route 
on the Interstate System under subparagraph (A) if 
the highway met all standards of a highway on the 
Interstate System, the Secretary may, upon the 
affirmative recommendation of the State or States in 
which the highway is located, designate the highway 
as a future Interstate System route. 
"(ii) WRITTEN AGREEMENT OF STATES.—^A designa-
tion under clause (i) shall be made only upon the 
written agreement of the State or States described 
in such clause that the highway will be constructed 
to meet all standards of a highway on the Interstate 
System by the date that is 12 years after the date 
of the agreement. 
"(iii) REMOVAL OF DESIGNATION.— 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 135 
"(I) IN GENERAL.—If the State or States 
described in clause (i) have not substantially com-
pleted the construction of a highway designated 
under this subparagraph within the time provided 
for in the agreement between the Secretary and 
the State or States under clause (ii), the Secretary 
shall remove the designation of the highway as 
, 
a future Interstate System route. 
"(II) 
EFFECT OF REMOVAL.—Removal of 
the 
designation of a highway under subclause (I) shall 
not preclude the Secretary from designating the 
highway as a route on the Interstate System under 
subparagraph (A) or under any other provision 
of law providing for addition to the Interstate Sys-
tem. 
"(iv) PROHIBITION ON REFERRAL AS INTERSTATE SYS-
TEM ROUTE.—No law, rule, regulation, map, document, 
or other record of the United States, or of any State 
or political subdivision of a State, shall refer to any 
highway designated as a future Interstate System 
route under this subparagraph, nor shall any such 
\ 
highway be signed or marked, as a highway on the 
Interstate System until such time as the highway is 
constructed to the geometric and construction stand-
ards for the Interstate System and has been designated 
as a route on the Interstate System. 
"(C) FINANCIAL RESPONSIBILITY.—Except as provided 
in this title, the designation of a highway under this para-
graph shall create no additional Federal financial respon-
sibility with respect to the highway. 
"(d) TRANSFER OF INTERSTATE CONSTRUCTION FUNDS.— 
"(1) INTERSTATE CONSTRUCTION FUNDS NOT IN SURPLUS.— 
"(A) IN GENERAL.—^Upon application by a State and 
approval by the Secretary, the Secretary may transfer to 
the apportionment of the State under section 104(b)(1) 
any amount of funds apportioned to the State under section 
104(b)(5)(A) (as in effect on the day before the date of 
enactment of the Transportation Equity Act for the 21st 
Century), if the amount does not exceed the Federal share 
of the costs of construction of segments of the Interstate 
System in the State included in the most recent Interstate 
System cost estimate. 
"(B) 
EFFECT 
OF TRANSFER.—Upon transfer 
of 
an 
amount under subparagraph (A), the construction on which 
the amount is based, as included in the most recent Inter-
state System cost estimate, shall not be eligible for funding 
under section 104(b)(5)(A) (as in effect on the day before 
the date of enactment of the Transportation Equity Act 
for the 21st Century) or 118(c). 
"(2) 
SURPLUS INTERSTATE CONSTRUCTION FUNDS.—^Upon 
application by a State and approval by the Secretary, the 
Secretary may transfer to the apportionment of the State under 
section 104(b)(1) any amount of surplus funds apportioned to 
the State under section 104(b)(5)(A) (as in effect on the day 
before the date of enactment of the Transportation Equity 
Act for the 21st Century), if the State has fully financed all 
59-194 O - 98 - 6: QL 3 Part 1 
112 STAT. 136 
PUBLIC LAW 105-178^JUNE 9, 1998 
work eligible under the most recent Interstate System cost 
estimate. 
"(3) APPLICABILITY OF CERTAIN LAWS.—Funds transferred 
under this subsection shall be subject to the laws (including 
regulations, policies, and procedures) relating to the apportion-
ment to which the funds are transferred.". 
23 u s e 103 note. 
(b) 
UNOBLIGATED 
BALANCES 
OF 
INTERSTATE 
SUBSTITUTE 
FUNDS.—Unobligated balances of funds apportioned to a State 
under section 103(e)(4)(H) of title 23, United States Code (as in 
effect on the day before the date of enactment of this Act), shall 
be available for obligation by the State under the law (including 
regulations, policies, and procedures) relating to the obligation and 
expenditure of the funds in effect on that date. 
(c) CONFORMING AMENDMENTS.— 
(1)(A) Section 115(a) of title 23, United States Code, is 
amended— 
(i) in the subsection heading by striking "SUBSTITUTE,"; 
and 
(ii) in paragraph (l)(A)(i) by striking "103(e)(4)(H),"; 
(B) Section 118 of such title is amended— 
(i) by striking subsection (d); and 
(ii) by redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively. 
(C) Section 129(b) of such title is amended in the first 
sentence by striking "which has been" and all that follows 
through "and has not" and inserting "which is a public road 
and has not". 
(2)(A) Section 139 of such title, and the item relating to 
such section in the analysis for chapter 1 of such title, are 
repealed. 
(B) Section 127(f) of such title is amended by striking 
"section 139(a)" and inserting "section 103(c)(4)(A)". 
(C) Section 1105(e)(5) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (109 Stat. 597) is amended by 
striking subparagraph (B) and inserting the following: 
"(B) TREATMENT OF SEGMENTS.—Subject to subpara-
graph (C), segments designated as parts of the Interstate 
System under this paragraph shall be treated in the same 
manner as segments designated under section 103(c)(4)(A) 
of title 23, United States Code.". 
23 u s e 103 note. 
(d) I N T E R M O D A L FREIGHT CONNECTORS STUDY.— 
(1) REPORT.—^Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall— 
(A) review the condition of and improvements made, 
since the designation of the National Highway System, 
to connectors on the National Highway System that serve 
seaports, airports, and other intermodal freight transpor-
tation facilities; and 
(B) report to Congress on the results of such review. 
(2) REVIEW.—In preparing the report, the Secretary shall 
review the connectors and identify projects carried out on those 
connectors that were intended to provide and improve service 
to an intermodal facility referred to in paragraph (1) and to 
facilitate the efficient movement of freight, including move-
ments of freight between modes. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 137 
(3) IDENTIFICATION OF IMPEDIMENTS.—If the Secretaiy 
determines on the basis of the review that there are impedi-
ments to improving the connectors serving intermodal facilities 
referred to in paragraph (1), the Secretary shall identify such 
impediments and make any appropriate recommendations as 
part of the Secretary's report to Congress under this subsection. 
SEC. H07. INTERSTATE MAINTENANCE PROGRAM. 
(a) IN GENERAL.—Section 119 of title 23, United States Code, 
is amended— 
(1) by striking subsection (a) and inserting the following: 
"(a) IN GENERAL.— 
"(1) PROJECTS.—^The Secretary may approve projects for 
resurfacing, restoring, rehabilitating, and reconstructing— 
? T 
"(A) routes on the Interstate System designated under 
section 103(c)(1) and, in Alaska and Puerto Rico, under 
section 103(c)(4)(A); 
"(B) routes on the Interstate System designated before 
the date of enactment of the Transportation Equity Act 
for the 21st Century under subsections (a) and (b) of section 
139 (as in effect on the day before the date of enactment 
. of such Act); and 
"(C) any segments that become part of the Interstate 
System under section 1105(e)(5) of the Intermodal Surface 
Transportation Efficiency Act of 1991. 
"(2) TOLL ROADS.—^The Secretary may approve a project 
pursuant to this subsection on a toll road only if such road 
is subject to a Secretarial agreement provided for in section 
129 or continued in effect by section 1012(d) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) 
and not voided by the Secretary under section 120(c) of the 
Surface Transportation and Uniform Relocation Assistance Act 
of 1987 (101 Stat. 159). 
"(3) FUNDING.—Sums authorized to be appropriated to 
carry out this section shall be out of the Highway Trust Fund 
and shall be apportioned in accordance with section 104(b)(4)."; 
(2) by striking subsections (b), (c), and (e); and 
(3) by redesignating subsections (d), (f), and (g) as sub-
sections (b), (c), and (d), respectively. 
(b) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.— 
Section 118(c) of such title is amended to read as follows: 
"(c) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.— 
"(1) IN GENERAL.—Before any apportionment is made under 
section 104(b)(4), the Secretary shall set aside $50,000,000 in 
fiscal year 1998 and $100,000,000 in each of fiscal years 1999 
through 2003 for obligation by the Secretary for projects for 
resurfacing, restoring, rehabilitating, and reconstructing any 
route or portion thereof on the Interstate System (other than 
any highway designated as a part of the Interstate System 
under section 139 (as in effect on the day before the date 
of enactment of the Transportation Equity Act for the 21st 
Century)) and any toll road on the Interstate System not subject 
to an agreement under section 119(e) (as in effect on December 
17, 1991). 
"(2) SELECTION CRITERIA.—^The amounts set aside under 
paragraph (1) shall be made available by the Secretary to 
112 STAT. 138 
PUBLIC LAW 105-178-^UNE 9, 1998 
any State applying for such funds if the Secretary determines 
that— 
"(A) the State has obUgated or demonstrates that it 
will obligate in the fiscal year all of its apportionments 
under section 104(b)(4) other than an amount that, by 
itself, is insufficient to pay the Federal share of the cost 
of a project for resurfacing, restoring, rehabilitating, and 
reconstructing the Interstate System that has been submit-
ted by the State to the Secretary for approval; and 
"(B) the applicant is willing and able to— 
"(i) obligate the funds within 1 year of the date 
the funds are made available; 
"(ii) apply the funds to a ready-to-commence 
project; and 
"(iii) in the case of construction work, begin work 
within 90 days after obligation. 
"(3) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In 
selecting projects to fund under paragraph (1), the Secretary 
shall give priority consideration to any project the cost of which 
exceeds $10,000,000 on any high volume route in an urban 
area or a high truck-volume route in a rural area. 
"(4) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.— 
Sums made available pursuant to this subsection shall remain 
available until expended.". 
23 u s e 119 note. 
(c) INTERSTATE NEEDS.— 
(1) STUDY.—^The Secretary shall conduct, in cooperation 
with States and affected metropolitan planning organizations, 
a study to determine— 
(A) the expected condition of the Interstate System 
over the next 10 years and the needs of States and metro-
politan planning organizations to reconstruct and improve 
the Interstate System; 
(B) the resources necessary to maintain and improve 
the Interstate System; and 
(C) the means to ensure that the Nation's surface 
transportation program can— 
(i) address the needs identified in subparagraph 
(A); and 
(ii) allow for States to address any extraordinary 
needs. 
(2) REPORT.—^Not later than January 1, 2000, the Secretary 
shall transmit to Congress a report on the results of the study. 
SEC. 1108. SURFACE TRANSPORTATION PROGRAM. 
(a) ELIGIBILITY OF PROJECTS.—Section 133(b) of title 23, United 
States Code, is amended— 
(1) in paragraph (1) by inserting after "magnesium acetate" 
the following: ", sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing and de-icing 
compositions"; 
(2) in paragraph (2) by striking "and publicly owned intra-
city or intercity bus terminals and facilities" and inserting 
", including vehicles and facilities, whether publicly or privately 
owned, that are used to provide intercity passenger service 
by bus"; 
(3) in paragraph (3)— 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 139 
(A) by striking "and bicycle" and inserting "bicycle"; 
and 
(B) by inserting before the period at the end the follow-
ing: ", and the modification of public sidewalks to comply 
with the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 etseq.)"; 
(4) in paragraph (4) by inserting "infrastructure" after 
"safety"; 
(5) in paragraph (9) by striking "section 108(f)(1)(A) (other 
than clauses (xii) and (xvi)) of the Clean Air Act" and inserting 
"section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air 
Act (42 U.S.C. 7408(f)(1)(A))"; 
(6) in paragraph (11)— 
(A) in the first sentence— 
(i) by inserting "natural habitat and" after "partici-
pation in" each place it appears; 
(ii) by striking "enhance and create" and inserting 
"enhance, and create natural habitats and"; and 
(iii) by inserting "natural habitat and" before "wet-
lands conservation"; and 
(B) by adding at the end the following: "With respect 
to participation in a natural habitat or wetland mitigation 
effort related to a project funded under this title that 
has an impact that occurs within the service area of a 
mitigation bank, preference shall be given, to the maximum 
extent practicable, to the use of the mitigation bank if 
the bank contains sufficient available credits to offset the 
impact and the bank is approved in accordance with the 
Federal Guidance for the Establishment, Use and Oper-
ation of Mitigation Banks (60 Fed. Reg. 58605 (November 
28, 1995)) or other applicable Federal law (including regula-
tions)."; and 
(7) by adding at the end the following: 
"(13) Infrastructure-based intelligent transportation sys-
tems capital improvements. 
"(14) Environmental restoration and pollution abatement 
projects (including the retrofit or construction of storm water 
treatment systems) to address water pollution or environmental 
degradation caused or contributed to by transportation facili-
ties, which projects shall be carried out when the transportation 
facilities are undergoing reconstruction, rehabilitation, resur-
facing, or restoration; except that the expenditure of funds 
under this section for any such environmental restoration or 
pollution abatement project shall not exceed 20 percent of the 
total cost of the reconstruction, rehabilitation, resurfacing, or 
restoration project.". 
(b) TRANSPORTATION ENHANCEMENT ACTIVITIES.—Section 
133 
of such title is amended— 
23 USC133. 
(1) in subsection (d)(3)(D) by striking "any State" and all 
that follows through the period at the end and inserting 
"Hawaii and Alaska"; and 
(2) in subsection (e)— 
(A) in paragraph (3)(B)(i) by striking "if the Secretary" 
and all that follows through "activities"; and 
(B) in paragraph (5) by adding at the end the following: 
"(C) COST SHARING.— 
112 STAT. 140 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(i) REQUIRED AGGREGATE NON-FEDERAL SHARE.— 
The average annual non-Federal share of the total 
cost of all projects to carry out transportation enhance-
ment activities in a State for a fiscal year shall be 
not less than the non-Federal share authorized for 
the State under section 120(b). 
"(ii) INNOVATIVE FINANCING.—Subject to clause (i), 
notwithstanding section 120— 
"(I) funds from other Federal agencies and 
the value of other contributions (as determined 
by the Secretary) may be credited toward the non-
Federal share of the costs of a project to carry 
out a transportation enhancement activity; 
"(II) the non-Federal share for such a project 
may be calculated on a project, multiple-project, 
or program basis; and 
"(III) the Federal share of the cost of an 
individual project to which subclause (I) or (II) 
applies may be up to 100 percent.". 
23 use 133. 
(c) PROGRAM APPROVAL.—Section 133(e) of such title is amended 
by striking paragraph (2) and inserting the following: 
"(2) PROGRAM APPROVAL.— 
"(A) SUBMISSION OF PROJECT AGREEMENT.—For each 
fiscal year, each State shall submit a project agreement 
t h a t ^ 
Certification. 
"(i) certifies that the State will meet all the 
requirements of this section; and 
Notification. 
"(ii) notifies the Secretary of the amount of obliga-
tions needed to carry out the program under this sec-
tion. 
"(B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each 
State shall request from the Secretary such adjustments 
to the amount of obligations referred to in subparagraph 
(A)(ii) as the State determines to be necessary. 
"(C) 
EFFECT OF APPROVAL BY THE SECRETARY.— 
Approval by the Secretary of a project agreement under 
subparagraph (A) shall be deemed a contractual obligation 
of the United States to pay surface transportation program 
funds made available under this title.". 
(d) PAYMENTS.—Section 133(e)(3)(A) of such title is amended 
by striking the second sentence. 
(e) SURFACE TRANSPORTATION PROGRAM OBLIGATIONS IN URBAN 
AREAS.—Section 133 of such title is amended to read as follows: 
"(f) OBLIGATION AUTHORITY.— 
"(1) IN GENERAL.—^A State that is required to obligate in 
an urbanized area with an urbanized area population of over 
200,000 individuals under subsection (d) funds apportioned to 
the State under section 104(b)(3) shall make available during 
the period of fiscal years 1998 through 2000 and the period 
of fiscal years 2001 through 2003 an amount of obligation 
authority distributed to the State for Federal-aid highways 
and highway safety construction programs for use in the area 
that is equal to the amount obtained by multiplying— 
"(A) the aggregate amount of funds that the State 
is required to obligate in the area under subsection (d) 
during the period; and 
"(B) the ratio that— 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 141 
"(i) the aggregate amount of obligation authority 
distributed to the State for Federal-aid highways and 
highway safety construction programs during the 
period; bears to 
"(ii) the total of the sums apportioned to the State 
for Federal-aid highways and highway safety construc-
tion programs (excluding sums not subject to an obliga-
tion limitation) during the period. 
"(2) JOINT 
RESPONSIBILITY.—Each State, each 
affected 
metropolitan planning organization, and the Secretary shall 
jointly ensure compliance with paragraph (1).". 
(f) DIVISION OF S T P FUNDS FOR AREAS OF LESS THAN 5,000 
23 use 133 note. 
POPULATION.— 
(1) SPECIAL RULE.—^Notwithstanding section 133(c) of title 
23, United States Code, and except as provided in paragraph 
(2), up to 15 percent of the amounts required to be obligated 
under section 133(d)(3)(B) of such title for each of fiscal years 
1998 through 2003 may be obligated on roads functionally 
classified as minor collectors. 
(2) SUSPENSION.—^The Secretary may suspend the applica-
tion of paragraph (1) if the Secretary determines that paragraph 
(1) is being used excessively. 
(g) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERV- 23 use 133 note. 
ICE CORPS.—^The Secretary shall encourage the States to enter 
into contracts and cooperative agreements with qualified youth 
conservation or service corps to perform appropriate transportation 
enhancement activities under chapter 1 of title 23, United States 
Code. 
SEC. 1109. HIGHWAY BRIDGE PROGRAM. 
(a) APPORTIONMENT FORMULA.—Section 144(e) of title 23, 
United States Code, is amended in the fourth sentence by inserting 
before the period at the end the following: ", and, if a State transfers 
funds apportioned to the State under this section in a fiscal year 
beginning after September 30, 1997, to any other apportionment 
of funds to such State under this title, the total cost of deficient 
bridges in such State and in all States to be determined for the 
succeeding fiscal year shall be reduced by the amount of such 
transferred funds". 
(b) DISCRETIONARY BRIDGE SET-ASIDE.—Section 144(g)(1) of 
such title is amended— 
(1) 
by 
inserting 
"(A) 
FISCAL 
YEARS 
1992 
THROUGH 
1997.—" before "Of the amounts"; 
(2) by adding at the end the following: 
"(B) FISCAL YEAR 1998.—Of the amounts authorized 
to be appropriated to carry out the bridge program under 
this section for fiscal year 1998, all but $25,000,000 shall 
be apportioned as provided in subsection (e) of this section. 
Such $25,000,000 shall be available only for projects for 
the seismic retrofit of a bridge described in subsection 
(1). 
"(C) FISCAL YEARS 1999 THROUGH 2003.—Of the amounts 
authorized to b^ appropriated to carry out the bridge pro-
gram under this section for each of fiscal years 1999 
through 2003, all but $100,000,000 shall be apportioned 
as provided in subsection (e). Such $100,000,000 shall be 
available at the discretion of the Secretary; except that 
112 STAT. 142 
PUBLIC LAW 105-178-JUNE 9, 1998 
not to exceed $25,000,000 shall be available only for 
projects for the seismic retrofit of bridges, including projects 
in the New Madrid fault region."; and 
(3) by indenting subparagraph (A) (as designated by para-
graph (1) of this subsection) and aligning such subparagraph 
(A) with subparagraphs (B) and (C) of such section (as added 
by paragraph (2) of this subsection). 
(c) OFF-SYSTEM BRIDGE SET-ASIDE.—Section 144(g)(3) of such 
23 use 144. 
title is amended— 
(1) by striking ", 1988" and all that follows through "1997," 
and inserting "through 2003"; and 
(2) by striking "system" each place it appears and inserting 
"highway". 
(d) ELIGIBILITY.—Section 144 of title 23, United States Code, 
is amended— 
(1) in subsection (d) by inserting after "magnesium acetate" 
the following: ", sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti-icing and de-icing 
compositions or installing scour countermeasures"; 
(2) in subsection (d) by inserting after "such acetate" each 
place it appears the following: "or sodium acetate/formate or 
such anti-icing or de-icing composition or installation of such 
countermeasures"; and 
(3) in subsection (g)(3) by inserting after "magnesium 
acetate" the following: ", sodium acetate/formate, or other 
environmentally acceptable, minimally corrosive anti-icing and 
de-icing compositions or install scour countermeasures". 
(e) CONFORMING AMENDMENT.—Section 144(n) of such title is 
amended by striking "system" and inserting "highway". 
SEC. 1110. CONGESTION MITIGATION AND AIR QUAUTY IMPROVEMENT 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Section 149(a) of title 23, 
United States Code, is amended by inserting after "establish" the 
following: "and implement". 
(b) CURRENTLY ELIGIBLE PROJECTS.—Section 149(b) of such 
title is amended— 
(1) by striking "that was designated as a nonattainment 
area under section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)) during any part of fiscal year 1994" and inserting 
the following: "that is or was designated as a nonattainment 
area for ozone, carbon monoxide, or particulate matter under 
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and 
classified pursuant to section 181(a), 186(a), 188(a), or 188(b) 
of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 
7513(b)) or is or was designated as a nonattainment area under 
such section 107(d) after December 31, 1997,"; 
(2) in paragraph (1)(A) by striking "clauses (xii) and"; and 
inserting "clause"; 
(3) in paragraph (l)(A)(ii) by striking "an area" and all 
that follows through the semicolon and inserting "a mainte-
nance area;"; 
(4) by striking "or" at the end of paragraph (3); 
(5) by striking "standard." at the end of paragraph (4) 
and inserting "standard; or"; and 
(6) by inserting after paragraph (4) the following: 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 143 
"(5) if the program or project improves trsiffic flow, includ-
ing projects to improve signalization, construct high occupancy 
vehicle lanes, improve intersections, and implement intelligent 
transportation system strategies and such other projects that 
are eligible for assistance under this section on the day before 
the date of enactment of this paragraph.". 
(c) STATES RECEIVING MINIMUM APPORTIONMENT.—Section 149 
of such title is amended by striking subsection (c) and inserting 
23 USC149. 
the following: 
"(c) STATES RECEIVING MINIMUM APPORTIONMENT.— 
"(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State 
does not have, and never has had, a nonattainment area des-
ignated under the Clean Air Act (42 U.S.C. 7401 et seq.), 
the State may use funds apportioned to the State under section 
104(b)(2) for any project eligible under the surface transpor-
tation program under section 133. 
"(2) STATES WITH A NONATTAINMENT AREA.—If a State has 
* a nonattainment area or maintenance area and receives funds 
under section 104(b)(2)(D) above the amount of funds that 
the State would have received based on its nonattainment 
and maintenance area population under subparagraphs (B) and 
(C) of section 104(b)(2), the State may use that portion of 
the funds not based on its nonattainment and maintenance 
area population under subparagraphs (B) and (C) of section 
104(b)(2) for any project in the State eligible under section 
133.". 
(d) PUBLIC-PRIVATE PARTNERSHIPS.— 
(1) IN GENERAL.—Section 149 of such title is amended 
by adding at the end the following: 
"(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTITIES.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
this title and in accordance with this subsection, a metropolitan 
planning organization. State transportation department, or 
other project sponsor may enter into an agreement with any 
public, private, or nonprofit entity to cooperatively implement 
any project carried out under this section. 
"(2) FORMS OF PARTICIPATION BY ENTITIES.—Participation 
by an entity under paragraph (1) may consist of— 
"(A) ownership or operation of any land, facility, 
vehicle, or other physical asset associated with the project; 
"(B) cost sharing of any project expense; 
"(C) carrying out of administration, 
construction 
management, project management, project operation, or 
any other management or operational duty associated with 
the project; and 
"(D) any other form of participation approved by the 
Secretary. 
"(3) ALLOCATION TO ENTITIES.—^A State may allocate funds 
apportioned under section 104(b)(2) to an entity described in 
paragraph (1). 
I 
"(4) ALTERNATIVE FUEL PROJECTS.—In the case of a project 
y 
that will provide for the use of alternative fuels by privately 
owned vehicles or vehicle fleets, activities eligible for funding 
+ under this subsection— 
"(A) may include the costs of vehicle refueling infra-
structure, including infrastructure that would support the 
development, production, and use of emerging technologies 
112 STAT. 144 
PUBLIC LAW 105-178^JUNE 9, 1998 
that reduce emissions of air pollutants from motor vehicles, 
and other capital investments associated with the project; 
"(B) shall include only the incremental cost of an alter-
native fueled vehicle, as compared to a conventionally 
fueled vehicle, that would otherwise be borne by a private 
party; and 
"(C) shall apply other governmental financial purchase 
contributions in the calculation of net incremental cost. 
"(5) PROHIBITION ON FEDERAL PARTICIPATION WITH RESPECT 
TO REQUIRED ACTIVITIES.—^A Federal participation pa3anent 
under this subsection may not be made to an entity to fund 
an obligation imposed under the Clean Air Act (42 U.S.C. 
7401 et seq.) or any other Federal law.". 
23 u s e 149 note. 
(2) DETERMINATION BY THE SECRETARY.—For the purposes 
of section 149(c) of title 23, United States Code, the Secretary 
shall determine in accordance with the procedures specified 
in section 149(b) of such title whether water-phased hydro-
carbon fuel emulsion technologies that consist of a hydrocarbon 
base and water in an amount not less than 20 percent by 
volume that reduce emissions of hydrocarbon, particulate mat-
ter, carbon monoxide, or nitrogen oxide from motor vehicles. 
23 u s e 149 note. 
(e) STUDY OF CMAQ PROGRAM.— 
Contracts. 
(1) IN GENERAL.—^The Secretary and the Administrator of 
the Environmental Protection Agency shall enter into arrange-
ments with the National Academy of Sciences to complete, 
by not later than January 1, 2001, a study of the congestion 
mitigation and air quality improvement program under section 
149 of title 23, United States Code. The study shall, at a 
minimum— 
(A) evaluate the air quality impacts of emissions from 
motor vehicles; 
(B) evaluate the negative effects of traffic congestion, 
including the economic effects of time lost due to congestion; 
(C) determine the amount of funds obligated under 
the program and make a comprehensive analysis of the 
types of projects funded under the program; 
(D) evaluate the emissions reductions attributable to 
projects of various types that have been funded under 
the program; 
(E) assess the effectiveness, including the quantitative 
and nonquantitative benefits, of projects funded under the 
program and include, in the assessment, an estimate of 
the cost per ton of pollution reduction; 
(F) assess the cost effectiveness of projects funded 
under the program with respect to congestion mitigation; 
(G) compare— 
(i) the costs of achieving the air pollutant emissions 
reductions achieved under the program; to 
(ii) the costs that would be incurred if similar 
reductions were achieved by other measures, including 
pollution controls on stationary sources; 
(H) include recommendations on improvements, includ-
ing other types of projects, that will increase the overall 
effectiveness of the program; 
(I) include recommendations on expanding the scope 
of the program to address traffic-related pollutants that, 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 145 
. as of the date of the study, are not addressed by the 
program. 
(2) REPORT.—^Not later than January 1, 2000, the National 
Academy of Sciences shall transmit to the Secretary, the 
Committee on Transportation and Infrastructure and the 
Committee on Commerce of the House of Representatives, and 
the Committee on Environment and Public Works of the Senate 
a report on the results of the study with recommendations 
for modifications to the congestion mitigation and air quality 
improvement program in light of the results of the study. 
(3) FUNDING.—Before making the apportionment of funds 
under section 104(b)(2) of title 23, United States Code, for 
each of fiscal years 1999 and 2000, the Secretary shall deduct 
from the amount to be apportioned under such section for 
such fiscal year, and make available, $500,000 for such fiscal 
year to carry out this subsection. 
SEC. 1111. FEDERAL SHARE. 
(a) STATE-DETERMINED LOWER FEDERAL SHARE.—Section 120 
of title 23, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking "Except" and inserting the following: 
"(1) IN GENERAL.—Except"; 
(B) by adding at the end the following: 
"(2) STATE-DETERMINED LOWER FEDERAL SHARE.—In the 
case of any project subject to paragraph (1), a State may deter-
mine a lower Federal share than the Federal share determined 
under such paragraph."; and 
(C) by aligning the remainder of the text of paragraph 
. 
(1) (as designated by subparagraph (A) of this paragraph) 
with paragraph (2) of such subsection (as added by subpara-
graph (B) of this paragraph); and 
(2) in subsection (b) by adding at the end the following: 
"In the case of any project subject to this subsection, a State 
may determine a lower Federal share than the Federal share 
determined under the preceding sentences of this subsection.". 
(b) 
INCREASED 
FEDERAL 
SHARE 
FOR 
CERTAIN 
SAFETY 
PROJECTS.—^The first sentence of section 120(c) of such title is 
amended by inserting "or transit vehicles" after 
"emergency 
vehicles". 
(c) CREDIT FOR NON-FEDERAL SHARE.—Section 120 of such title 
is amended by adding at the end the following: 
"(j) CREDIT FOR NON-FEDERAL SHARE.— 
"(1) ELIGIBILITY.—^A State may use as a credit toward 
the non-Federal share requirement for any funds made avail-
able to carry out this title (other than the emergency relief 
program authorized by section 125) or chapter 53 of title 49 
toll revenues that are generated and used by public, quasi-
public, and private agencies to build, improve, or maintain 
highways, bridges, or tunnels that iserve the public purpose 
of interstate commerce. Such public, quasi-public, or private 
agencies shall have built, improved, or maintained such facili-
ties without Federal funds. 
"(2) MAINTENANCE OF EFFORT.— 
"(A) IN GENERAL.—^The credit for any non-Federal share 
provided under this subsection shall not reduce nor replace 
112 STAT. 146 
PUBLIC LAW 105-178-^UNE 9, 1998 
State funds required to match Federal funds for any pro-
gram under this title. 
"(B) CONDITION ON RECEIPT OF CREDIT.—^To receive 
a credit under paragraph (1) for a fiscal year, a State 
shall enter into such agreement as the Secretary may 
require to ensure that the State will maintain its non-
Federal transportation capital expenditures in such fiscal 
year at or above the average level of such expenditures 
for the preceding 3 fiscal years; except that if, for any 
1 of the preceding 3 fiscal years, the non-Federal transpor-
tation capital expenditures of the State were at a level 
that was greater than 130 percent of the average level 
of such expenditures for the other 2 of the preceding 3 
fiscal years, the agreement shall ensure that the State 
will maintain 
its 
non-Federal 
transportation 
capital 
expenditures in the fiscal year of the credit at or above 
the average level of such expenditures for the other 2 
fiscal years. 
"(C) 
TRANSPORTATION 
CAPITAL 
EXPENDITURES 
DEFINED.—In subparagraph (B), the term 'non-Federal 
transportation capital expenditures' includes any payments 
made by the State for issuance of transportation-related 
bonds. 
"(3) TREATMENT.— 
"(A) LIMITATION ON LIABILITY.—Use of a credit for a 
non-Federal share under this subsection that is received 
from a public, quasi-public, or private agency— 
"(i) shall not expose the agency to additional liabil-
ity, additional regulation, or additional administrative 
oversight; and 
"(ii) shall not subject the agency to any additional 
Federal design standards or laws (including regula-
tions) as a result of providing the non-Federal share 
other than those to which the agency is already subject. 
"(B) CHARTERED MULTISTATE AGENCIES.—^When a credit 
that is received from a chartered multistate agency is 
applied to a non-Federal share under this subsection, such 
credit shall be applied equally to all charter States.". 
23 use 130. 
(d) CONFORMING AMENDMENTS.—Section 130(a) of such title 
is amended— 
(1) in the first sentence by striking "Except as provided 
in subsection (d) of section 120 of this title" and inserting 
"Subject to section 120"; and 
(2) in the second sentence by striking "except as provided 
in subsection (d) of section 120 of this title" and inserting 
"subject to section 120". 
SEC. 1112. RECREATIONAL TRAILS PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States Code, 
is amended by inserting after section 205 the following: 
*
*
§ 206. Recreational trails program 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) MOTORIZED RECREATION.—^The term 'motorized recre-
ation' means off-road recreation using any motor-powered 
vehicle, except for a motorized wheelchair. 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 147 
"(2) RECREATIONAL TRAIL.—^The term 'recreational trail' 
means a thoroughfare or track across land or snow, used for 
recreational purposes such as— 
"(A) pedestrian activities, including wheelchair use; 
"(B) skating or skateboarding; 
"(C) equestrian activities, including carriage driving; 
"(D) nonmotorized snow trail activities, including ski-
ing; 
"(E) bicycling or use of other human-powered vehicles; 
"(F) aquatic or water activities; and 
"(G) motorized vehicular activities, including all-terrain 
vehicle riding, motorcycling, snowmobiling, use of off-road 
light trucks, or use of other off-road motorized vehicles. 
"(b) PROGRAM.—In accordance with this section, the Secretary, 
in consultation with the Secretary of the Interior and the Secretary 
of Agriculture, shall carry out a program to provide and maintain 
recreational trails. 
"(c) STATE RESPONSIBILITIES.—^To be eligible for apportionments 
under this section— 
"(1) the Governor of the State shall designate the State 
agency or agencies that will be responsible for administering 
apportionments made to the State under this section; and 
"(2) the State shall establish a State recreational trail 
advisory committee that represents both motorized and non-
motorized recreational trail users, which shall meet not less 
often than once per fiscal year. 
"(d) USE OF APPORTIONED FUNDS.— 
"(1) IN GENERAL.—Funds apportioned to a State to carry 
out this section shall be obligated for recreational trails and 
related projects that— 
"(A) have been planned and developed under the laws, 
policies, and administrative procedures of the State; and 
"(B) are identified in, or further a specific goal of, 
a recreational trail plan, or a statewide comprehensive 
outdoor recreation plan required by the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.), 
that is in effect. 
"(2) PERMISSIBLE USES.—Permissible uses of funds appor-
tioned to a State for a fiscal year to carry out this section 
include— 
"(A) maintenance and restoration of existing rec-
reational trails; 
"(B) development and rehabilitation of trailside and 
trailhead facilities and trail linkages for recreational trails; 
"(C) purchase and lease of recreational trail construc-
tion and maintenance equipment; 
"(D) construction of new recreational trails, except that, 
in the case of new recreational trails crossing Federal lands, 
construction of the trails shall be— 
"(i) permissible under other law; 
"(ii) necessary and required by a statewide com-
prehensive outdoor recreation plan that is required 
by the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 4601-4 et seq.) and that is in effect; 
"(iii) approved by the administering agency of the 
State designated under subsection (c)(1); and 
112 STAT. 148 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(iv) approved by each Federal agency having juris-
diction over the affected lands under such terms and 
conditions as the head of the Federal agency deter-
mines to be appropriate, except that the approval shall 
be contingent on compliance by the Federal agency 
with all applicable laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.); 
"(E) acquisition of easements and fee simple title to 
property for recreational trails or recreational trail cor-
ridors; 
"(F) payment of costs to the State incurred in admin-
istering the program, but in an amount not to exceed 
7 percent of the apportionment made to the State for the 
fiscal year to carry out this section; and 
"(G) operation of educational programs to promote 
safety and environmental protection as those objectives 
relate to the use of recreational trails, but in an amount 
not to exceed 5 percent of the apportionment made to 
the State for the fiscal year. 
"(3) USE OF APPORTIONMENTS.— 
"(A) IN GENERAL.—^Except as provided in subpara-
graphs (B), (C), and (D), of the apportionments made to 
a State for a fiscal year to carry out this section— 
"(i) 40 percent shall be used for recreational trail 
or related projects that facilitate diverse recreational 
trail use within a recreational trail corridor, trailside, 
or trailhead, regardless of whether the project is for 
diverse motorized use, for diverse nonmotorized use, 
or to accommodate both motorized and nonmotorized 
recreational trail use; 
"(ii) 30 pereent shall be used for uses relating 
to motorized recreation; and 
"(iii) 30 percent shall be used for uses relating 
to nonmotorized recreation. 
"(B) SMALL STATE EXCLUSiON.^Any State with a total 
land area of less than 3,500,000 acres shall be exempt 
from the requirements of clauses (ii) and (iii) of subpara-
graph (A). 
"(C) WAIVER AUTHORITY.—A State recreational trail 
advisory committee established under subsection (c)(2) may 
waive, in whole or in part, the requirements of clauses 
(ii) and (iii) of subparagraph (A) if the State recreational 
trail advisory committee determines and notifies the Sec-
retary that the State does not have sufficient projects to 
meet the requirements of clauses (ii) and (iii) of subpara-
graph (A). 
"(D) STATE ADMINISTRATIVE COSTS.—State administra-
tive costs eligible for funding under paragraph (2)(F) shall 
be exempt from the requirements of subparagraph (A). 
"(4) GRANTS.— 
"(A) IN GENERAL.—A State may use funds apportioned 
to the State to carry out this section to make grants to 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 149 
private organizations, municipal, county. State, and Fed-
eral Government entities, and other government entities 
as approved by the State after considering guidance from 
the State recreational trail advisory committee established 
under subsection (c)(2), for uses consistent with this section. 
"(B) COMPLIANCE.—^A State that makes grants under 
subparagraph (A) shall establish measures to verify that 
recipients of the grants comply with the conditions of the 
program for the use of grant funds. 
"(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—^To the extent 
practicable and consistent with the other requirements of this sec-
tion, a State should give consideration to project proposals that 
provide for the redesign, reconstruction, nonroutine maintenance, 
or relocation of recreational trails to benefit the natural environ-
ment or to mitigate and minimize the impact to the natural environ-
ment. 
"(f) FEDERAL SHARE.— 
"(1) IN GENERAL.—Subject to the other provisions of this 
subsection, the Federal share of the cost of a project under 
this section shall not exceed 80 percent. 
"(2) FEDERAL AGENCY PROJECT SPONSOR.—Notwithstanding 
any other provision of law, a Federal agency that sponsors 
a project under this section may contribute additional Federal 
funds toward the cost of a project, except that— 
"(A) the share attributable to the Secretary of 
Transportation may not exceed 80 percent of the cost of 
a project under this section; and 
"(B) the share attributable to the Secretary and the 
Federal agency may not exceed 95 percent of the cost 
of a project under this section. 
"(3) USE OF FUNDS FROM FEDERAL PROGRAMS TO PROVIDE 
NON-FEDERAL SHARE.—^Notwithstanding any other provision of 
law, the non-Federal share of the cost of the project may include 
amounts made available by the Federal Grovemment under 
any Federal program that are— 
"(A) expended in accordance with the requirements 
of the Federal program relating to activities funded and 
populations served; and 
"(B) expended on a project that is eligible for assistance 
under this section. 
"(4) PROGRAMMATIC NON-FEDERAL SHARE.—^A State may 
allow adjustments to the non-Federal share of an individual 
project for a fiscal year under this section if the Federal share 
of the cost of all projects carried out by the State under the 
program (excluding projects funded under paragraph (2) or 
(3)) using funds apportioned to the State for the fiscal year 
does not exceed 80 percent. 
"(5) STATE ADMINISTRATIVE COSTS.—^The Federal share of 
the administrative costs of a State under this subsection shall 
be determined in accordance with section 120(b). 
"(g) USES NOT PERMITTED.—^A State may not obligate funds 
apportioned to carry out this section for— 
"(1) condemnation of any kind of interest in property; 
"(2) construction of any recreational trail on National Forest 
System land for any motorized use unless— 
"(A) the land has been designated for uses other than 
wilderness by an approved forest land and resource 
112 STAT. 150 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
management plan or has been released to uses other than 
wilderness by an Act of Congress; and 
"(B) the construction is otherwise consistent with the 
management direction in the approved forest land and 
resource management plan; 
"(3) construction of any recreational trail on Bureau of 
Land Management land for any motorized use unless the land— 
"(A) has been designated for uses other than wilderness 
by an approved Bureau of Land Management resource 
management plan or has been released to uses other than 
wilderness by an Act of Congress; and 
"(B) the construction is otherwise consistent with the 
management direction in the approved management plan; 
or 
"(4) upgrading, expanding, or otherwise facilitating motor-
ized use or access to recreational trails predominantly used 
by nonmotorized recreational trail users and on which, as of 
May 1, 1991, motorized use was prohibited or had not occurred. 
"(h) PROJECT ADMINISTRATION.— 
"(1) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, SERV-
ICES, O
R NEW RIGHT-OF-WAY.— 
"(A) IN GENERAL.—^Nothing in this title or other law 
shall prevent a project sponsor from offering to donate 
funds, materials, services, or a new right-of-way for the 
purposes of a project eligible for assistance under this 
section. Any funds, or the fair market value of any mate-
rials, services, or new right-of-way, may be donated by 
any project sponsor and shall be credited to the non-Federal 
share in accordance with subsection (f). 
"(B) FEDERAL PROJECT SPONSORS.—^Any funds or the 
fair market value of any materials or services may be 
provided by a Federal project sponsor and shall be credited 
to the Federal agenc^s share in accordance with subsection 
(0. 
"(2) RECREATIONAL PURPOSE.—^A project funded under this 
section is intended to enhance recreational opportunity and 
is not subject to section 138 of this title or section 303 of 
title 49. 
"(3) CONTINUING RECREATIONAL USE.—At the option of each 
State, funds apportioned to the State to carry out this section 
may be treated as Land and Water Conservation Fund appor-
tionments for the purposes of section 6(f)(3) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)). 
"(4) COOPERATION BY PRIVATE PERSONS.— 
"(A) WRITTEN ASSURANCES.—^As a condition of making 
available apportionments for work on recreational trails 
that would affect privately owned land, a State shall obtain 
written assurances that the owner of the land will cooperate 
with the State and participate as necessary in the activities 
to be conducted. 
"(B) PUBLIC ACCESS.—^Any use of the apportionments 
to a State to carry out this section on privately owned 
land must be accompanied by an easement or other legally 
binding agreement that ensures public access to the rec-
reational trail improvements funded by the apportion-
ments. 
^^if.-
PUBLIG LAW 105-178—JUNE 9, 1998 
112 STAT. 151 
"(i) CONTRACT AUTHORITY.—Funds authorized to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1, except that the 
Federal share of the cost of a project under this section shall 
be determined in accordance with this section.". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 2 of 
title 23, United States Code, is amended by striking the item 
relating to section 206 and inserting the following: 
"206. Recreational trails program.". 
(c) REPEAL OF OBSOLETE PROVISION.—Section 1302 of the Inter-
modal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 
1261) is repealed. 
(d) TERMINATION OF ADVISORY COMMITTEE.—Section 1303 of 
such Act (16 U.S.C. 1262) is amended by adding at the end the 
following: 
"(j) TERMINATION.—^The advisory committee established by this 
section shall terminate on September 30, 2000.". 
(e) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERV- 23 use 206 note. 
ICE CORPS.—The Secretary shall encourage the States to enter 
into contracts and cooperative agreements with qualified youth 
conservation or service corps to perform construction and mainte-
nance of recreational trails under section 206 of title 23, United 
States Code. 
SEC. 1113. EMERGENCY REUEF. 
(a) FEDERAL SHARE.—Section 120(e) of title 23, United States 
Code, is amended in the first sentence by striking "highway system" 
and inserting "highway". 
(b) ELIGIBILITY AND FUNDING.—Section 125 of such title is 
amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (e), and (f), respectively; 
(2) by striking subsection (a) and inserting the following: 
"(a) GENERAL ELIGIBILITY,—Subject to this section and section 
120, an emergency fund is authorized for expenditure by the Sec-
retary for the repair or reconstruction of highways, roads, and 
trails, in any part of the United States, including Indian reserva-
tions, that the Secretary finds have suffered serious damage as 
a result of— 
"(1) natural disaster over a wide area, such as by a flood, 
hurricane, tidal wave, earthquake, severe storm, or landslide; 
or 
"(2) catastrophic failure from any external cause. 
"(b) RESTRICTION ON ELIGIBILITY.—In no event shall funds be 
used pursuant to this section for the repair or reconstruction of 
bridges that have been permanently closed to all vehicular traffic 
by the State or responsible local official because of imminent danger 
of collapse due to a structural deficiency or physical deterioration. 
"(c) FUNDING.—Subject to the following limitations, there are 
authorized to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) such sums as may be necessary 
to establish the fund authorized by this section and to replenish 
it on an annual basis: 
"(1) Not more than $100,000,000 is authorized to be obli-
gated in any 1 fiscal year commencing after September 30, 
1980, to carry out the provisions of this section; except that, 
if in any fiscal year the total of all obligations under this 
112 STAT. 152 
PUBLIC LAW 105-178^JUNE 9, 1998 
section is less than the amount authorized to be obligated 
in such fiscal year, the unobligated balance of such amount 
shall remain available until expended and shall be in addition 
to amounts otherwise available to carry out this section each 
year. 
"(2) Pending such appropriation or replenishment, the Sec-
retary may obligate fi*om any funds heretofore or hereafter 
appropriated for obligation in accordance with this title, includ-
ing existing Federal-aid appropriations, such sums as may be 
necessary for the immediate prosecution of the work herein 
authorized. Funds obligated under this paragraph shall be 
reimbursed from such appropriation or replenishment."; 
(3) in subsection (d) (as so redesignated)— 
(A) in the first sentence by striking "reconstruction 
of highways" and all that follows through "in accordance" 
and inserting "reconstruction of highways on Federal-aid 
highways in accordance"; 
(B) by striking "subsection (c)" both places it appears 
and inserting "subsection (e)"; 
(C) in the second sentence by striking "authorized" 
and all that follows through the period and inserting 
"authorized on Federal-aid highways."; and 
(D) in the last sentence by striking "Disaster Relief 
and Emergency Assistance Act (Public Law 93-288)" and 
inserting "Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)"; and 
(4) in subsection (e) (as so redesignated) by striking "on 
any of the Federal-aid highway systems" and inserting "Fed-
eral-aid highways". 
(c) SAN MATEO COUNTY, CALIFORNIA.—Notwithstanding any 
other provision of law, a project to repair or reconstruct any portion 
of a Federal-aid primary route in San Mateo County, California, 
that— 
(1) was destroyed as a result of a combination of storms 
in the winter of 1982-1983 and a mountain slide; and 
(2) until its destruction, served as the only reasonable 
access route between 2 cities and as the designated emergency 
evacuation route of 1 of the cities; 
shall be eligible for assistance under section 125(a) of title 23, 
United States Code, if the project complies with the local coastal 
plan. 
23 use 120. 
(d) TECHNICAL AMENDMENTS.—Section 120(e) of such title is 
amended— 
(1) by striking "(c)" and inserting "(b)"; and 
(2) by striking "90" and inserting " 180". 
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS. 
(a) IN GENERAL.—Section 143 of title 23, United States Code, 
is amended to read as follows: 
**^ 143. Highway use tax evasion projects 
"(a) STATE DEFINED.—In this section, the term 'State' means 
the 50 States and the District of Columbia. 
"(b) PROJECTS.— 
"(1) IN GENERAL.—^The Secretary shall carry out highway 
use tax evasion projects in accordance with this subsection. 
*'jte«*«r'-
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 153 
"(2) ALLOCATION OF FUNDS.—Funds made available to carry 
out this section may be allocated to the Internal Revenue 
Service and the States at the discretion of the Secretary. 
"(3) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVE-
NUE SERVICE.—^The Secretary shall not impose any condition 
on the use of funds allocated to the Internal Revenue Service 
under this subsection. 
"(4) LIMITATION ON USE OF FUNDS.—Funds made available 
to carry out this section shall be used only— 
"(A) to expand efforts to enhance motor fuel tax 
enforcement; 
"(B) to fund additional Internal Revenue Service staff, 
but only to carry out functions described in this paragraph; 
"(C) to supplement motor fuel tax examinations and 
criminal investigations; 
"(D) to develop automated data processing tools to 
monitor motor fuel production and sales; 
"(E) to evaluate and implement registration and report-
ing requirements for motor fuel taxpayers; 
"(F) to reimburse State expenses that supplement exist-
ing fuel tax compliance efforts; and 
"(G) to analyze and implement programs to reduce 
tax evasion associated with other highway use taxes. 
"(5) MAINTENANCE OF EFFORT.—^The Secretary may 
not 
make an allocation to a State under this subsection for a 
fiscal year unless the State certifies that the aggregate expendi-
ture of funds of the State, exclusive of Federal funds, for motor 
fuel tax enforcement activities will be maintained at a level 
that does not fall below the average level of such expenditure 
for the preceding 2 fiscal years of the State. 
"(6) FEDERAL SHARE.—The Federal share of the cost of 
a project carried out under this subsection shall be 100 percent. 
"(7) PERIOD OF AVAILABILITY.—Funds authorized to carry 
out this section shall remain available for obligation for a 
period of 3 years after the last day of the fiscal year for 
which the funds are authorized. 
"(8) USE OF SURFACE TRANSPORTATION PROGRAM FUNDING.— 
In addition to funds made available to carry out this section, 
a State may expend up to V
4 of 1 percent of the funds appor-
tioned tb the State for a fiscal year under section 104(b)(3) 
on initiatives to halt the evasion of payment of motor fuel 
taxes. 
"(c) EXCISE FUEL REPORTING SYSTEM.— 
"(1) IN GENERAL.—Not later than April 1, 1998, the Sec- Contracts, 
retary shall enter into a memorandum of understanding with 
the Commissioner of the Internal Revenue Service for the pur-
poses of the development and maintenance by the Internal 
Revenue Service of an excise fuel reporting system (in this 
subsection referred to as the 'system'). 
"(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—^The 
memorandum of understanding shall provide that— 
"(A) the Internal Revenue Service shall develop and 
maintain the system through contracts; 
"(B) the system shall be under the control of the 
Internal Revenue Service; and 
"(C) the system shall be made available for use by 
appropriate State and Federal revenue, tax, and law 
112 STAT. 154 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
enforcement authorities, subject to section 6103 of the 
Internal Revenue Code of 1986. 
"(3) FUNDING.—Of the amounts made available to carry 
out this section for each of fiscal years 1998 through 2003, 
the Secretary shall make available sufficient funds to the 
Internal Revenue Service to establish and operate an automated 
fuel reporting system.", 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 1 of such title is amended 
by striking the item relating to section 143 and inserting the 
following: 
"143. Highway use tax evasion projects.". 
(2) Section 1040 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
is repealed. 
(3) Section 8002 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
is amended— 
(A) in the first sentence of subsection (g) by striking 
"section 1040 of this Act" and inserting "section 143 of 
title 23, United States Code,"; and 
(B) by striking subsection (h). 
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM. 
(a) FEDERAL SHARE PAYABLE.—Section 120 of title 23, United 
States Code, is amended by adding at the end the following: 
"(j) USE OF FEDERAL LAND MANAGEMENT AGENCY FUNDS.— 
Notwithstanding any other provision of law, the funds appropriated 
to any Federal land management agency may be used to pay the 
non-Federal share of the cost of any Federal-aid highway project 
the Federal share of which is funded under section 104. 
"(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM FUNDS.— 
Notwithstanding any other provision of law, the funds authorized 
to be appropriated to carry out the Federal lands highways program 
under section 204 may be used to pay the non-Federal share of 
the cost of any project that is funded under section 104 and that 
provides access to or within Federal or Indian lands.". 
(b) ALLOCATIONS.—Section 202(d) of such title is amended— 
(1) by inserting "INDIAN RESERVATION ROADS.—" after "(d)"; 
(2) by inserting "(1) FOR FISCAL YEARS ENDING BEFORE 
OCTOBER 1, 1999.—" before "On October"; 
(3) by inserting after "each fiscal year" the following: "end-
ing before October 1, 1999"; 
(4) by adding at the end the following: 
"(2) FISCAL YEAR 2000 AND THEREAFTER.— 
"(A) IN GENERAL.—^All funds authorized to be appro-
priated for Indian reservation roads shall be allocated 
among Indian tribes for fiscal year 2000 and each subse-
quent fiscal year in accordance with a formula established 
by the Secretary of the Interior under a negotiated rule-
making procedure under subchapter III of chapter 5 of 
title 5. 
"(B) REGULATIONS.—^Notwithstanding sections 563(a) 
and 565(a) of title 5, the Secretary of the Interior shall 
issue regulations governing the Indian reservation roads 
program, and establishing the funding formula for fiscal 
"-tAr'-^' 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 155 
year 2000 and each subsequent fiscal year under this para-
graph, in accordance with a negotiated rulemaking proce-
dure under subchapter III of chapter 5 of title 5. The 
regulations shall be issued in final form not later than 
April 1, 1999, and shall take effect not later than October 
1, 1999. 
"(C) 
NEGOTIATED 
RULEMAKING 
COMMITTEE.—In 
establishing a negotiated rulemaking committee to carry 
out subparagraph (B), the Secretary of the Interior shall— 
"(i) apply the procedures under subchapter III of 
chapter 5 of title 5 in a manner that reflects the 
unique 
government-to-govemment 
relationship 
between the Indian tribes and the United States; and 
"(ii) ensure that the membership of the committee 
includes only representatives of the Federal Govern-
ment and of geographically diverse small, medium, 
and large Indian tribes. 
"(D) BASIS FOR FUNDING FORMULA.—^The funding for-
mula established for fiscal year 2000 and each subsequent 
fiscal year under this paragraph shall be based on factors 
that reflect— 
"(i) the relative needs of the Indian tribes, and 
reservation or tribal communities, for transportation 
assistance; and 
"(ii) the relative administrative capacities of, and 
challenges faced by, various Indian tribes, including 
the cost of road construction in each Bureau of Indian 
Affairs area, geographic isolation and difficulty in 
maintaining all-weather access to employment, com-
merce, health, safety, and educational resources. 
"(3) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 
"(A) IN GENERAL.—^Notwithstanding any other provi-
sion of law or any interagency agreement, program guide-
line, manual, or policy directive, all funds made available 
under this title for Indian reservation roads and for high-
way bridges located on Indian reservation roads to pay 
for the costs of programs, services, functions, and activities, 
or portions thereof, that are specifically or functionally 
related to the cost of planning, research, engineering, and 
construction of any highway, road, bridge, parkway, or 
transit facility that provides access to or is located within 
the reservation or community of an Indian tribe shall be 
made available, upon request of the Indian tribal govern-
ment, to the Indian tribal government for contracts and 
agreements for such planning, research, engineering, and 
construction in accordance with the Indian Self-Determina-
tion and Education Assistance Act. 
"(B) EXCLUSION OF AGENCY PARTICIPATION.—Funds for 
programs, functions, services, or activities, or portions 
thereof, including supportive administrative functions that 
are otherwise contractible to which subparagraph (A) 
applies, shall be paid in accordance with subparagraph 
(A) without regard to the organizational level at which 
the Department of the Interior that has previously carried 
out such programs, functions, services, or activities. 
"(4) RESERVATION OF FUNDS.— 
112 STAT. 156 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
"(A) NATIONWIDE PRIORITY PROGRAM.—The Secretary 
shall establish a nationwide priority program for improving 
deficient Indian reservation road bridges. 
"(B) RESERVATION.—Of the amounts authorized to be 
appropriated for Indian reservation roads for each fiscal 
year, the Secretary, in cooperation with the Secretary of 
the Interior, shall reserve not less than $13,000,000 for 
projects to replace, rehabilitate, seismically retrofit, paint, 
apply calcium magnesium acetate to, apply sodium acetate/ 
formate de-icer to, or install scour countermeasures for 
deficient Indian reservation road bridges-, including mul-
tiple-pipe culverts. 
"(C) ELIGIBLE BRIDGES.—TO be eligible to receive fund-
ing under this subsection, a bridge described in subpara-
graph (A) must— 
"(i) have an opening of 20 feet or more; 
"(ii) be on an Indian reservation road; 
"(iii) be unsafe because of structural deficiencies, 
physical deterioration, or functional obsolescence; and 
"(iv) be recorded in the national bridge inventory 
administered by the Secretary under subsection (b). 
"(D) APPROVAL REQUIREMENT.—Funds to carry out 
Indian reservation road bridge projects under this sub-
section shall be made available only on approval of plans, 
specifications, and estimates by the Secretary."; and 
(5) by indenting paragraph (1) (as designated by paragraph 
(2) of this paragraph) and aligning paragraph (1) with para-
graphs (2), (3), and (4) (as added by paragraph (4) of this 
paragraph). 
23 use 203. 
(c) AVAILABILITY OF FUNDS.—Section 203 of such title is 
amended by adding at the end the following: "Notwithstanding 
any other provision of law, the authorization by the Secretary 
of engineering and related work for a Federal lands highways 
program project, or the approval by the Secretary of plans, specifica-
tions, and estimates for construction of a Federal lands highways 
program project, shall be deemed to constitute a contractual obliga-
tion of the Federal Grovemment to pay the Federal share of the 
cost of the project.". 
(d) PLANNING AND AGENCY COORDINATION.—Section 204 of such 
title is amended— 
(1) by striking subsection (a) and inserting the following: 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—Recognizing the need for all Federal 
roads that are public roads to be treated under uniform policies 
similar to the policies that apply to Federal-aid highways, there 
is established a coordinated Federal lands highways program 
that shall apply to public lands highways, park roads and 
parkways, and Indian reservation roads and bridges. 
"(2) TRANSPORTATION PLANNING PROCEDURES.—In consulta-
tion with the Secretary of each appropriate Federal land 
management agency, the Secretary shall develop, by rule, 
transportation planning procedures that are consistent with 
the metropolitan and statewide planning processes required 
under sections 134 and 135. 
"(3) APPROVAL OF TRANSPORTATION IMPROVEMENT PRO-
GRAM.—^The transportation improvement program developed as 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 157 
a part of the transportation planning process under this section 
shall be approved by the Secretary. 
"(4) INCLUSION IN OTHER PLANS.—^All regionally significant 
Federal lands highways program projects— 
"(A) shall be developed in cooperation with States and 
metropolitan planning organizations; and 
"(B) shall be included in appropriate Federal lands 
highways program, State, and metropolitan plans and 
transportation improvement programs. 
"(5) INCLUSION IN STATE PROGRAMS.—The approved Federal 
lands highways program transportation improvement program 
shall be included in appropriate State and metropolitan plan-
ning organization plans and programs without further action 
on the transportation improvement program. 
"(6) DEVELOPMENT OF SYSTEMS.—^The Secretary and the 
Secretary of each appropriate Federal land management agency 
shall, to the extent appropriate, develop by rule safety, bridge, 
pavement, and congestion management systems for roads 
funded under the Federal lands highways program."; 
(2) in subsection (b) by striking the first 3 sentences and 
inserting the following: "Funds available for public lands high-
ways, park roads and parkways, and Indian reservation roads 
shall be used by the Secretary and the Secretary of the appro-
priate Federal land management agency to pay for the cost 
of transportation planning, research, engineering, and construc-
tion of the highways, roads, and parkways, or of transit facilities 
within public lands, national parks, and Indian reservations. 
In connection with activities under the preceding sentence, 
the Secretary and the Secretary of the appropriate Federal 
land management agency may enter into construction contracts 
and other appropriate contracts with a State or civil subdivision 
of a State or Indian tribe."; 
(3) in the first sentence of subsection (e) by striking "Sec-
retary of the Interior" and inserting "Secretary of the appro-
priate Federal land management agency"; 
(4) in subsection (h) by adding at the end the following: 
"(8) A project to build a replacement of the federally owned 
bridge over the Hoover Dam in the Lake Mead National Recre-
ation Area between Nevada and Arizona."; 
(5) by striking subsection (i) and inserting the following: 
"(i) TRANSFERS OF COSTS TO SECRETARIES OF FEDERAL LAND 
MANAGEMENT AGENCIES.— 
"(1) ADMINISTRATIVE cosTS.^The Secretary shall transfer 
to the appropriate Federal land management agency from 
amounts made available for public lands highways such 
amounts as are necessary to pay necessary administrative costs 
of the agency in connection with public lands highways. 
"(2) TRANSPORTATION PLANNING COSTS.—The 
Secretary 
shall transfer to the appropriate Federal land management 
agency from amounts made available for public lands highways 
such amounts as are necessary to pay the cost to the agency 
to conduct necessary transportation planning for Federal lands, 
if funding for the planning is not otherwise provided under 
this section."; and 
(6) in subsection (j) by striking the second sentence and 
inserting the following: "The Indian tribal government, in 
112 STAT. 158 
PUBLIC LAW 105-178-^UNE 9, 1998 
cooperation with the Secretary of the Interior, and as appro-
priate, with a State, local government, or metropolitan planning 
organization, shall carry out a transportation planning process 
in accordance with subsection (a).", 
(e) REFUGE ROADS.— 
23 use 201. 
(1) AUTHORIZATIONS.—Section 201 of such title is amended 
in the first sentence by inserting "refuge roads," before "public 
lands highways,". 
(2) ALLOCATIONS.—Section 202 of such title is amended 
by adding at the end the following: 
Effective date. 
"(e) REFUGE ROADS.—On October 1 of each fiscal year, the 
Secretary shall allocate the sums made available for that fiscal 
year for refuge roads according to the relative needs of the various 
refuges in the National Wildlife Refuge System, and taking into 
consideration— 
"(1) the comprehensive conservation plan for each refuge; 
"(2) the need for access as identified through land use 
planning; and 
"(3) the impact of land use planning on existing transpor-
tation facilities.". 
(3) AVAILABILITY OF FUNDS.—Section 203 of such title is 
amended in the first and fourth sentences— 
(A) by striking "for," and inserting "for"; and 
(B) by inserting "refuge roads," after "parkways," each 
place it appears. 
(4) USE OF FUNDING.—Section 204 of such title is amended 
by adding at the end the following: 
"(k) REFUGE ROADS.— 
"(1) IN GENERAL.—^Notwithstanding any other provision of 
this title, funds made available for refuge roads shall be used 
by the Secretary and the Secretary of the Interior only to 
pay the cost of— 
"(A) maintenance and improvements of refuge roads; 
"(B) maintenance and improvements of eligible projects 
described in paragraphs (2), (5), and (6) of subsection (h) 
that are located in or adjacent to wildlife refuges; and 
"(C) administrative costs associated with such mainte-
nance and improvements. 
"(2) CONTRACTS.—In carrying out paragraph (1), the Sec-
retary and the Secretary of the Interior, as appropriate, may 
enter into contracts with a State or civil subdivision of a State 
or Indian tribe as is determined advisable. 
"(3) COMPLIANCE WITH OTHER LAW.—Funds made available 
for refuge roads shall be used only for projects that are in 
compliance with the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd et seq.).". 
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE. 
(a) DEFINITIONS.—Section 404 of the Woodrow Wilson Memorial 
Bridge Authority Act of 1995 (109 Stat. 628) is amended— 
(1) in paragraph (3) by striking ", including approaches 
thereto"; and 
(2) in paragraph (5) by striking "to be determined under 
section 407. Such" and all that follows through the period 
at the end and inserting the following: "as described in the 
record of decision executed by the Secretary in compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 159 
4321 et seq.). The term includes ongoing short-term rehabiUta-
tion and repairs to the Bridge.". 
(b) OWNERSHIP OF BRIDGE.— 
(1) CONVEYANCE BY THE SECRETARY.—Section 407(a)(1) of 
such Act (109 Stat. 630) is amended by inserting "or any 
Capital Region jurisdiction" after "Authority" each place it 
appears. 
(2) AGREEMENT.—Section 407 of such Act (109 Stat. 630) 
is amended by striking subsection (c) and inserting the follow-
ing: 
"(c) AGREEMENT.— 
"(1) IN GENERAL.—^The agreement referred to in subsection 
(a) is an agreement concerning the Project that is executed 
by the Secretary and the Authority or any Capital Region 
jurisdiction that accepts ownership of the new bridge. 
"(2) TERMS OF THE AGREEMENT.—^The agreement shall— 
"(A) identify whether the Authority or a Capital Region 
jurisdiction will accept ownership of the new bridge; 
"(B) contain a financial plan satisfactory to the Sec-
retary, which shall be prepared before the execution of 
the agreement, that specifies— 
"(i) the total cost of the Project, including any 
cost-saving measures; 
"(ii) a schedule for implementation of the Project, 
including whether any expedited design and construc-
tion techniques will be used; and 
"(iii) the sources of funding that will be used to 
cover any costs of the Project not funded from funds 
made available under section 412; 
"(C) require that— 
"(i) the Project include not more than 12 traffic 
lanes, including 8 general purpose lanes, 2 merging/ 
diverging lanes, and 2 high occupancy vehicle, express 
bus, or rail transit lanes; 
"(ii) the design, construction, and operation of the 
Project reflect the requirements of clause (i); 
"(iii) all provisions described in the environmental 
impact statement for the Project or the record of deci-
sion for the Project (including in the attachments to 
the statement and record) for mitigation of environ-
mental and other impacts of the Project be imple-
mented; and 
"(iv) the Authority and the Capital Region jurisdic-
tions develop a process to integrate aifected local 
governments, on an ongoing basis, in the process of 
carrying out the engineering, design, and construction 
phases 
of the project, 
including 
planning for 
implementing the provisions described in clause (iii); 
and 
"(D) contain such other terms and conditions as the 
Secretary determines to be appropriate.". 
(c) FEDERAL CONTRIBUTION.—Such Act (109 Stat. 627) is 
amended by adding at the end the following: 
"SEC. 412. FEDERAL CONTRIBUTION. 
"(a) FUNDING.— 
112 STAT. 160 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(1) IN GENERAL.—^There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) $25,000,000 for fiscal year 1998, $75,000,000 for fiscal 
year 1999, $150,000,000 for fiscal year 2000, $200,000,000 for 
fiscal year 2001, $225,000,000 for fiscal year 2002, and 
$225,000,000 for fiscal year 2003 to pay the costs of planning, 
preliminary engineering and design, final engineering, acquisi-
tion of rights-of-way, and construction of the Project; except 
that the costs associated with the Bridge shall be given priority 
over other eligible costs, other than design costs, of the Project. 
"(2) CONTRACT AUTHORITY.—Funds authorized by this sec-
tion shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1 of title 23, 
United States Code; except that— 
"(A) the funds shall remain available until expended; 
"(B) the Federal share of the cost of the Bridge compo-
nent of the Project shall not exceed 100 percent; and 
"(C) the Federal share of the cost of any other compo-
nent of the Project shall not exceed 80 percent. 
"(b) USE OF APPORTIONED FUNDS.—^Nothing in this title limits 
the authority of any Capital Region jurisdiction to use funds appor-
tioned to the jurisdiction under paragraphs (1) and (3) of section 
104(b) of title 23, United States Code, in accordance with the 
requirements for such funds, to pay any costs of the Project. 
"(c) AVAILABILITY OF APPORTIONED FUNDS.—^None of the funds 
made available under this section shall be available for construction 
before the execution of the agreement described in section 407(c), 
except that the Secretary may fund the maintenance and rehabilita-
tion of the Bridge, the design of the Project, and right-of-way 
acquisition, including early acquisition of construction staging 
areas.". 
(d) CONFORMING AMENDMENT.—Section 405(b)(1) of such Act 
(109 Stat. 629) is amended by striking "the Signatories as to the 
Federal share of the cost of the Project and the terms and conditions 
related to the timing of the transfer of the Bridge to". 
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
(a) APPORTIONMENT.—^The Secretary shall apportion 
funds 
made available by section 102 of this Act for fiscal years 1998 
through 2003 among the States based on the latest available cost 
to complete estimate for the Appalachian development highway 
system under section 201 of the Appalachian Regional Development 
Act of 1965 prepared by the Appalachian Regional Commission. 
Such funds shall be available to construct highways and access 
roads under section 201 of the Appalachian Regional Development 
Act of 1965. 
(b) APPLICABILITY OF TITLE 23.—Funds authorized by section 
102 of this Act for the Appalachian development highway system 
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 Federal share of the cost of any project 
under this section shall be determined in accordance with such 
section 201 and such funds shall remain available until expended. 
(c) FEDERAL SHARE FOR PRE-FINANCED PROJECTS.—Section 
201(h)(1) of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App.) is amended by striking "70" and inserting "80". 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 161 
(d) CORRIDOR O.—^There is hereby designated as an addition 
to Corridor O in Pennsylvania on the Appalachian development 
highway system a segment from Port Matilda to Interstate Route 
80 along United States Route 322, and the segment of Corridor 
O from the Pennsylvania State line to the improved segment in 
Bedford, Pennsylvania, shall be subtracted from Corridor O. Such 
designated addition shall not affect estimates of the cost to complete 
such system and such subtracted segment may be included on 
a map of such system for purposes of continuity only. 
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PRO- 23 USC 101 note. 
GRAM. 
(a) IN GENERAL.—^The Secretary shall establish and implement 
a program to make allocations to States and metropolitan planning 
organizations for coordinated planning, design, and construction 
of corridors of national significance, economic growth, and inter-
national or interregional trade. A State or metropolitan planning 
organization may apply to the Secretary for allocations under this 
section. 
(b) ELIGIBILITY OF CORRIDORS.—^The Secretary may make 
allocations under this section with respect to— 
(1) high priority corridors identified in section 1105(c) of 
the Intermodal Surface Transportation Efficiency Act of 1991; 
and 
(2) any other significant regional or multistate highway 
corridor not described in whole or in part in paragraph (1) 
selected by the Secretary after consideration of— 
(A) the extent to which the annual volume of commer-
cial vehicle traffic at the border stations or ports of entry 
of each State— 
(i) has increased since the date of enactment of 
the 
North 
American 
Free 
Trade 
Agreement 
Implementation Act (Public Law 103-182); and 
(ii) is projected to increase in the future; 
(B) the extent to which commercial vehicle traffic in 
each State— 
(i) has increased since the date of enactment of 
the 
North 
American 
Free 
Trade 
Agreement 
Implementation Act (Public Law 103-182); and 
(ii) is projected to increase in the future; 
(C) the extent to which international truck-borne 
commodities move through each State; 
(D) the reduction in commercial and other travel time 
through a major international gateway or affected port 
of entry expected as a result of the proposed project includ-
ing the level of traffic delays at at-grade highway crossings 
of major rail lines in trade corridors; 
(E) the extent of leveraging of Federal funds provided 
under this subsection, including— 
(i) use of innovative financing; 
(ii) combination with funding provided under other 
sections of this Act and title 23, United States Code; 
and 
(iii) combination with other sources of Federal, 
State, local, or private funding including State, local, 
and private matching funds; 
112 STAT. 162 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
(F) the value of the cargo carried by commercial vehicle 
traffic, to the extent that the value of the cargo and conges-
tion impose economic costs on the Nation's economy; and 
(G) encourage or facilitate major multistate or regional 
mobility and economic growth and development in areas 
underserved by existing highway infrastructure. 
(c) PURPOSES.—^Allocations may be made under this section 
for 1 or more of the following purposes: 
(1) Feasibility studies. 
(2) Comprehensive corridor planning and design activities. 
(3) Location and routing studies. 
(4) Multistate and intrastate coordination for corridors 
described in subsection (b). 
(5) After review by the Secretary of a development and 
management plan for the corridor or a usable component thereof 
under subsection (b)— 
(A) environmental review; and 
(B) construction. 
(d) CORRIDOR DEVELOPMENT AND MANAGEMENT PLAN.—^A State 
or metropolitan planning organization receiving an allocation under 
this section shall develop, and submit to the Secretary for review, 
a development and management plan for the corridor or a usable 
component thereof with respect to which the allocation is being 
made. Such plan shall include, at a minimum, the following ele-
ments: 
(1) A complete and comprehensive analysis of corridor costs 
and benefits. 
(2) A coordinated corridor development plan and schedule, 
including a timetable for completion of all planning and develop-
ment activities, environmental reviews and permits, and 
construction of all segments. 
(3) A finance plan, including any innovative financing meth-
ods and, if the corridor is a multistate corridor, a State-by-
State breakdown of corridor finances. 
(4) The results of any environmental reviews and mitigation 
plans. 
(5) The identification of any impediments to the develop-
ment and construction of the corridor, including any environ-
mental, social, political and economic objections. 
In the case of a multistate corridor, the Secretary shall encourage 
all States having jurisdiction over any portion of such corridor 
to participate in the development of such plan. 
(e) APPLICABILITY OF TITLE 23.—Funds made available by sec-
tion 1101 of this Act to carry out this section and section 1119 
shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code. 
(f) COORDINATION OF PLANNING.—Planning with respect to a 
corridor under this section shall be coordinated with transportation 
planning being carried out by the States and metropolitan planning 
organizations along the corridor and, to the extent appropriate, 
with transportation planning being carried out by Federal land 
management agencies, by tribal governments, or by government 
agencies in Mexico or Canada. 
(g) STATE DEFINED.—In this section, the term "State" has the 
meaning such term has under section 101 of title 23, United States 
Code. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 163 
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM. 
23 USC 101 note. 
(a) GENERAL AUTHORITY.—^The Secretary shall establish and Mexico, 
implement a coordinated border infrastructure program under 
which the Secretary may make allocations to border States and 
metropolitan planning organizations for areas within the boundaries 
of 1 or more border States 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 between the United States 
and Mexico. 
(b) ELIGIBLE USES.—^Allocations to States and metropolitan 
planning organizations 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 improvements 
relating to electronic data interchange and use of telecommuni-
cations, to expedite cross border vehicle and cargo movement; 
(4) modifications to regulatory procedures to expedite cross 
border vehicle and cargo movements; 
(5) international coordination of planning, programming, 
and border operation with Canada and Mexico relating to 
expediting cross border vehicle and cargo movements; and 
(6) activities of Federal inspection agencies. 
(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 approaches; 
(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 pri-
vate funding; 
(5) degree of multinational involvement in the project and 
demonstrated coordination with other Federal agencies respon-
sible for the inspection of vehicles, cargo, and persons crossing 
international borders and their counterpart agencies in Canada 
and Mexico; 
(6) improvements in vehicle and highway safety and cargo 
security in and through the gateway or affected port of entry 
concerned; 
(7) the degree of demonstrated coordination with Federal 
inspection agencies; 
(8) the extent to which the innovative and problem solving 
techniques of the proposed project would be applicable to other 
border stations or ports of entry; 
112 STAT. 164 
PUBLIC LAW 105-178-^UNE 9, 1998 
(9) demonstrated local commitment to implement and sus-
tain continuing comprehensive border or affected port of entry 
planning processes and improvement programs; and 
(10) such other factors as the Secretary determines are 
appropriate to promote border transportation efficiency and 
safety. 
(d) CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR 
LAW ENFORCEMENT PURPOSES.—At the request of the Administrator 
of General Services, in consultation with the Attorney General, 
the Secretary may transfer, during the period of fiscal years 1998 
through 2001, not more than $10,000,000 of the amounts made 
available by section 1101 to carry out this section and section 
1118 to the Administrator of General Services for the construction 
of transportation infrastructure necessary for law enforcement in 
border States. 
(e) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) BORDER REGION.—^The term "border region" means the 
portion of a border State in the vicinity 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. 
Subtitle B—General Provisions 
SEC. 1201. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is amended 
to read as follows: 
"(a) DEFINITIONS.—In this title, the following definitions apply: 
"(1) APPORTIONMENT.—^The term 'apportionment' 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 carpooling opportunities to the elderly 
and individuals with disabilities, 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 facilities for use for 
preferential parking for carpools. 
"(3) CONSTRUCTION.—^The term 'construction' means the 
supervising, inspecting, actual building, and incurrence of all 
costs incidental to the construction or reconstruction of a high-
way, including bond costs and other costs relating to the 
issuance in accordance with section 122 of bonds or other 
debt financing instruments and costs incurred by the State 
in performing Federal-aid project related audits that directly 
benefit the Federal-aid highway program. Such term includes— 
"(A) locating, surveying, and mapping (including the 
establishment of temporary and permanent geodetic mark-
ers in accordance with specifications of the National Oce-
anic and Atmospheric Administration of the Department 
of Commerce); 
"(B) resurfacing, restoration, and rehabilitation; 
"(C) acquisition of rights-of-way; 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 165 
"(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; 
"(F) elimination of roadside obstacles; 
"(G) improvements that directly facilitate and control 
traffic flow, such as grade separation of intersections, 
widening of lanes, channelization of traffic, traffic control 
systems, and passenger loading and unloading areas; and 
"(H) capital improvements that 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 corresponding 
units of government under any other name in States that 
do not have county organizations and, in those States in which 
the county government does not have jurisdiction over high-
ways, any local government unit vested with jurisdiction over 
local highways. 
"(5) FEDERAL-AID HIGHWAY.—^The term 'Federal-aid high-
way' means a highway eligible for assistance under this chapter 
other than a highway classified as a local road or rural minor 
collector. 
"(6) FEDERAL-AID SYSTEM.—^The term 'Federal-aid system' 
means any of the Federal-aid highway systems described in 
section 103. 
"(7) FEDERAL LANDS HIGHWAY.—^The term 'Federal lands 
highway means a forest highway, public lands highway, park 
road, parkway, refuge road, and Indian reservation road that 
is a public road. 
"(8) FOREST DEVELOPMENT ROADS AND TRAILS.—^The term 
'forest development roads and trails' means forest roads and 
trails under the jurisdiction 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 'forest road or 
trail' means a road or trail wholly or partly within, or adjacent 
to, and serving the National Forest System that is necessary 
for the protection, administration, and utilization of the 
National Forest System and the use and development of its 
resources. 
"(11) HIGHWAY.—The term 'highway' includes— 
"(A) a road, street, and parkway; 
"(B) a right-of-way, bridge, railroad-highway crossing, 
tunnel, drainage structure, sign, guardrail, and protective 
structure, in connection with a highway; and 
"(C) a portion of any interstate or international bridge 
or tunnel and the approaches thereto, the cost of which 
is assumed by a State transportation department, including 
such facilities as may be required by the United States 
Customs and Immigration Services in connection with the 
operation of an international bridge or tunnel. 
"(12) INDIAN RESERVATION ROAD.—^The term 'Indian res-
ervation road' means a public road that is located within or 
provides access to an Indian reservation or Indian trust land 
112 STAT. 166 
PUBLIC LAW 105-178^JUNE 9, 1998 
or restricted Indian land that is not subject to fee title alien-
ation without the approval of the Federal Government, or 
Indian and Alaska Native villages, groups, or communities 
in which Indians and Alaskan Natives reside, whom the Sec-
retary of the Interior has determined are eligible for services 
generally available to Indians under Federal laws specifically 
applicable to Indians. 
"(13) INTERSTATE SYSTEM.—The term Interstate System' 
means the Dwight D. Eisenhower National System of Interstate 
and Defense Highways described in section 103(c). 
"(14) MAINTENANCE.—^The term 'maintenance' means the 
preservation of the entire highway, including surface, shoulders, 
roadsides, structures, and such traffic-control devices as are 
necessary for safe and efficient utilization of the highway. 
"(15) MAINTENANCE AREA.—^The term 'maintenance area' 
means an area that was designated as a nonattainment area, 
but was later redesignated by the Administrator of the Environ-
mental Protection Agency as an attainment area, under section 
107(d) of the Clean Air Act (42 U.S.C. 7407(d)). 
"(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 MONITORING, MANAGE-
MENT, AND CONTROL.—^The term 'operating costs for traffic mon-
itoring, management, and control' includes labor costs, adminis-
trative costs, costs of utilities and rent, and other costs associ-
ated with the continuous operation of traffic control, such as 
integrated traffic control systems, incident management pro-
grams, and traffic control centers. 
"(18) OPERATIONAL IMPROVEMENT.—The term 'operational 
improvement'— 
"(A) means (i) a capital improvement for installation 
of traffic surveillance and control equipment, computerized 
signal systems, motorist information systems, integrated 
traffic control systems, incident management programs, 
and transportation demand management facilities, strate-
gies, and programs, and (ii) such other capital improve-
ments to public roads as the Secretary may designate, 
by regulation; and 
"(B) does not include resurfacing, restoring, or rehabili-
tating improvements, construction of additional lanes, 
interchanges, 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 primarily for pedestrian use, 
but with capacity for use by emergency vehicles, that is located 
within, or provides 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 authorized 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 highway, or if the context 
so implies, the particular portion of a highway so constructed 
or any other undertaking eligible for assistance under this 
title. 
'^T--r^'^*^"-s^-^ •% 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 167 
"(22) PROJECT AGREEMENT.—The term 'project agreement' 
means the formal instrument to be executed by the State 
transportation department and the Secretary as required by 
section 106. 
"(23) PUBLIC AUTHORITY.—The term 'pubUc authority' 
means a Federal, State, county, town, or township, Indian 
tribe, municipal or other local government or instrumentality 
with authority to finance, build, operate, or maintain toll or 
toll-free facilities. 
"(24) 
PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.— 
The term 'public lands development roads and trails' means 
those roads and trails that the Secretary of the Interior deter-
mines are of primary importance for the development, protec-
tion, administration, and utilization of public lands and 
resources under the control of the Secretary of the Interior. 
"(25) PUBLIC LANDS HIGHWAY.—The term 'public lands high-
way' means a forest road under the jurisdiction of and main-
tained by a public authority and open to public travel or any 
highway through unappropriated or unreserved public lands, 
nontaxable Indian lands, or other Federal reservations under 
the jurisdiction of and maintained by a public authority and 
open to public travel. 
"(26) PUBLIC LANDS HIGHWAYS.—The term 'public lands 
highways' means those main highways through unappropriated 
or unreserved public lands, nontaxable Indian lands, or other 
Federal reservations, which are on the Federal-aid systems. 
"(27) 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. 
"(28) REFUGE ROAD.—^The term 'refuge road' means a public 
road that provides access to or within a unit of the National 
Wildlife Refuge System and for which title and maintenance 
responsibility is vested in the United States Government. 
"(29) RURAL AREAS.—^The term 'rural areas' means all areas 
of a State not included in urban areas. 
"(30) SAFETY IMPROVEMENT PROJECT.—The term 'safety 
improvement project' means a project that corrects or improves 
high hazard locations, eliminates roadside obstacles, improves 
highway signing and pavement marking, installs priority con-
trol systems for emergency vehicles at signalized intersections, 
installs or replaces emergency motorist aid call boxes, or installs 
traffic control or warning devices at locations with high accident 
potential. 
"(31) SECRETARY.—The term 'Secretary' means Secretary 
of Transportation. 
"(32) STATE.—The term 'State' means any of the 50 States, 
the District of Columbia, or Puerto Rico. 
"(33) 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 transportation department. 
"(34) 
STATE 
TRANSPORTATION DEPARTMENT.—The term 
'State transportation department' means that department, 
commission, board, or official of any State charged by its laws 
with the responsibility for highway construction. 
"(35) 
TRANSPORTATION ENHANCEMENT ACTIVITIES.—^The 
term 'transportation enhancement activities' means, with 
59-194 O-98- 7 : QL3 Part 1 
112 STAT. 168 
PUBLIC LAW 105-178-^JUNE 9, 1998 
respect to any project or the area to be served by the project, 
any of the following activities if such activity relates to surface 
transportation: provision of facilities for pedestrians 
and 
bicycles, provision of safety and educational activities for pedes-
trians and bicyclists, acquisition of scenic easements and scenic 
or historic sites, scenic or historic highway programs (including 
the provision of tourist and welcome center facilities), land-
scaping and other scenic beautification, historic preservation, 
rehabilitation and operation of historic transportation buildings, 
structures, or facilities (including historic railroad facilities and 
canals), preservation of abandoned railway corridors (including 
the conversion and use thereof for pedestrian or bicycle trails), 
control and removal of outdoor advertising, archaeological plan-
ning and research, environmental mitigation to address water 
pollution due to highway runoff or reduce vehicle-caused wild-
life mortality while maintaining habitat connectivity, and 
establishment of transportation museums. 
"(36) URBAN AREA.—^The term 'urban area' means an urban-
ized area or, in the case of an urbanized 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 cooperation with each 
other, subject to approval by the Secretary. Such boundaries 
shall encompass, at a minimum, the entire urban place des-
ignated by the Bureau of the Census, except in the case of 
cities in the State of Maine and in the State of New Hampshire. 
"(37) URBANIZED AREA.—^The term 'urbanized area' means 
an area with a population of 50,000 or more designated by 
the Bureau of the Census, within boundaries to be fixed by 
responsible State and local officials in cooperation with each 
other, subject to approval by the Secretary. Such boundaries 
shall encompass, at a minimum, the entire urbanized area 
within a State as designated by the Bureau of the Census.". 
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. 
(a) IN GENERAL.—Section 217 of title 23, United States Code, 
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,"; 
(3) by striking subsection (g) and inserting the following: 
"(g) PLANNING AND DESIGN.— 
"(1) IN GENERAL.—Bicyclists and pedestrians shall be given 
due consideration in the comprehensive transportation plans 
developed by each metropolitan planning organization and 
State in accordance with sections 134 and 135, respectively. 
Bicycle transportation facilities and pedestrian walkways shall 
be considered, where appropriate, in conjunction with all new 
construction and reconstruction of transportation facilities, 
except where bicycle and pedestrian use are not permitted. 
»-^|r»»«fc*.* 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 169 
"(2) SAFETY CONSIDERATIONS.—^Transportation plans and 
projects shall provide due consideration for safety and contig-
uous routes for bicyclists and pedestrians. Safety considerations 
shall include the installation, where appropriate, and mainte-
nance of audible traffic signals and audible signs at street 
crossings."; 
(4) in subsection (h) by striking "No motorized vehicles 
shall" and inserting "Motorized vehicles may not"; 
(5) in subsection (h)(3)— 
(A) by striking "when State and local regulations per-
mit,"; and 
(B) by striking "and" at the end; 
, (6) in subsection (h)— 
(A) by redesignating paragraph (4) as paragraph (5); 
and 
(B) by inserting after paragraph (3) the following: 
"(4) when State or local regulations permit, electric bicycles; 
and"; and 
(7) by striking subsection (j) and inserting the following: 
"(j) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) BICYCLE TRANSPORTATION FACILITY.—^The term 'bicycle 
transportation facility' means a new or improved lane, path, 
or shoulder for use by bicyclists and a traffic control device, 
shelter, or parking facility for bicycles. 
"(2) ELECTRIC BICYCLE.—^The term 'electric bicycle' means 
any bicycle or tricycle with a low-powered electric motor weigh-
ing under 100 pounds, with a top motor-powered speed not 
in excess of 20 miles per hour. 
"(3) PEDESTRIAN.—^The term 'pedestrian' means any person 
traveling by foot and any mobility-impaired person using a 
wheelchair. 
"(4) WHEELCHAIR.—^The term 'wheelchair' means a mobility 
aid, usable indoors, and designed for and used by individuals 
with mobility impairments, whether operated manually or 
motorized.". 
(b) DESIGN GUIDANCE.— 
23 use 2i7 note. 
(1) IN GENERAL.—In implementing section 217(g) of title 
23, United States Code, the Secretary, in cooperation with 
the American Association of State Highway and Transportation 
Officials, the Institute of Transportation Engineers, and other 
interested organizations, shall develop guidance on the various 
approaches to accommodating bicycles and pedestrian travel. 
(2) ISSUES TO BE ADDRESSED.—^The guidance shall address 
issues such as the level and nature of the demand, volume, 
and speed of motor vehicle traffic, safety, terrain, cost, and 
sight distance. 
(3) RECOMMENDATIONS.—^The guidance shall include rec-
ommendations on amending and updating the policies of the 
American Association of State Highway and Transportation 
Officials relating to highway and street design standards to 
accommodate bicyclists and pedestrians. 
(4) TIME PERIOD FOR DEVELOPMENT.—^The guidance shall 
be developed within 18 months after the date of enactment 
of this Act. 
(c) PROTECTION OF NONMOTORIZED TRANSPORTATION TRAFFIC.— 
Section 109(n) of such title is amended to read as follows: 
112 STAT. 170 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(n) PROTECTION OF NONMOTORIZED TRANSPORTATION TRAF-
FIC.—^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 nonmotorized transportation traffic and light motor-
cycles, unless such project or regulatory action provides for a reason-
able alternate route or such a route exists.". 
23 use 130. 
(d) RAILWAY-HIGHWAY CROSSINGS.—Section 130 of such title 
is amended by adding at the end the following: 
"(j) BICYCLE SAFETY.—In carrying out projects under this sec-
tion, a State shall take into account bicycle safety.". 
23 u s e 402 note. 
(e) NATIONAL BiCYCLE SAFETY EDUCATION CURRICULUM.— 
(1) DEVELOPMENT.—^The Secretary is authorized to develop 
a national bicycle safety education curriculum that may include 
courses relating to on-road training. 
(2) REPORT.—Not later than 12 months after the date of 
enactment of this Act, the Secretary shall transmit to Congress 
a copy of the curriculum. 
(3) FUNDING.—^From amounts made available under section 
210, the Secretary may use not to exceed $500,000 for fiscal 
year 1999 to carry out this subsection. 
SEC. 1203. METROPOLITAN PLANNING. 
(a) GENERAL REQUIREMENTS.—Section 134(a) of title 23, United 
States Code, is amended to read as follows: 
"(a) GENERAL REQUIREMENTS.— 
"(1) FINDINGS.—It is in the national interest to encourage 
and promote the safe and efficient management, operation, 
and development of surface transportation systems that will 
serve the mobility needs of people and freight and foster eco-
nomic growth and development within and through urbanized 
areas, while minimizing transportation-related fuel consump-
tion and air pollution. 
"(2) DEVELOPMENT OF PLANS AND PROGRAMS.—^To accom-
plish the objective stated in paragraph (1), metropolitan 
planning organizations designated under subsection (b), in 
cooperation with the State and public transit operators, shall 
develop transportation plans and programs for urbanized areas 
of the State. 
"(3) CONTENTS.—^The plans and programs for each metro-
politan area shall provide for the development and integrated 
management and operation of transportation systems and facili-
ties (including pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal transportation 
system for the metropolitan area and as an integral part of 
an intermodal transportation system for the State and the 
United States. 
"(4) PROCESS OF DEVELOPMENT.—^The process for developing 
the plans and programs shall provide for consideration of all 
modes of transportation and shall be continuing, cooperative, 
and comprehensive to the degree appropriate, based on the 
complexity of the transportation problems to be addressed.". 
(b) 
DESIGNATION OF 
METROPOLITAN PLANNING ORGANIZA-
TIONS.— 
(1) IN GENERAL.—Section 134(b) of such title is amended 
by striking paragraphs (1) and (2) and inserting the following: 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 171 
"(1) IN GENERAL.—^To carry out the transportation planning 
process required by this section, a metropoUtan planning 
organization shall be designated for each urbanized area with 
a population of more than 50,000 individuals— 
"(A) by agreement between the Governor and units 
of general purpose local government that together represent 
at least 75 percent of the affected population (including 
the central city or cities as defined by the Bureau of the 
Census); or 
"(B) in accordance with procedures established by 
applicable State or local law. 
"(2) STRUCTURE.—Each policy board of a metropolitan plan-
ning organization that serves an area designated as a transpor-
tation management area, when designated or redesignated 
under this subsection, shall consist of— 
"(A) local elected officials; 
"(B) officials of public agencies that administer or oper-
ate major modes of transportation in the metropolitan area 
(including all transportation agencies included in the 
metropolitan planning organization as of June 1, 1991); 
and 
"(C) appropriate State officials.". 
(2) CONTINUING DESIGNATION.—Section 134(b)(4) of such 
title is amended to read as follows: 
23 USC 134. 
"(4) CONTINUING DESIGNATION.—A designation of a metro-
politan planning organization under this subsection or any 
other provision of law shall remain in effect until the metropoli-
tan planning organization is redesignated under paragraph 
(5).". 
(3) REDESIGNATION.—Section 134(b)(5)(A) of such title is 
amended— 
(A) by striking "among" and inserting "between"; and 
(B) by striking "which together" and inserting "that 
together". 
(4) DESIGNATION OF MORE THAN i METROPOLITAN PLANNING 
ORGANIZATION.—Section 134(b)(6) of such title is amended to 
read as follows: 
"(6) DESIGNATION OF MORE THAN i METROPOLITAN PLANNING 
ORGANIZATION.—^More than 1 metropolitan planning organiza-
tion may be designated within an existing metropolitan plan-
ning area only if the Governor and the existing metropolitan 
planning organization determine that the size and complexity 
of the existing metropolitan planning area make designation 
of more than 1 metropolitan planning organization for the 
area appropriate.". 
(c) 
METROPOLITAN 
PLANNING 
AREA 
BOUNDARIES.—Section 
134(c) of such title is amended— 
(1) in the subsection heading by inserting "PLANNING" 
before "AREA"; 
(2) in the first sentence— 
(A) by striking "For the purposes" and inserting the 
following: 
"(1) IN GENERAL.—For the purposes"; and 
(B) by inserting "planning" before "area"; 
(3) by striking the second sentence and all that follows 
and inserting the following: 
"(2) INCLUDED AREA.—Each metropolitan planning area— 
112 STAT. 172 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(A) shall encompass at least the existing urbanized 
area and the contiguous area expected to become urbanized 
within a 20-year forecast period; and 
"(B) may encompass the entire metropolitan statistical 
area or consolidated metropolitan statistical area, as 
defined by the Bureau of the Census. 
"(3) 
EXISTING METROPOLITAN PLANNING AREAS IN NON-
ATTAINMENT.—^Notwithstanding paragraph (2), in the case of 
an urbanized area designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), the boundaries of the metropolitan planning 
area in existence as of the date of enactment of this paragraph 
shall be retained, except that the boundaries may be adjusted 
by agreement of the Governor and affected metropolitan plan-
ning organizations in the manner described in subsection (b)(5). 
"(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the 
date of enactment of this paragraph as a nonattainment area 
for ozone or carbon monoxide, the boundaries of the metropoli-
tan planning area— 
"(A) shall be established in the manner described in 
subsection (b)(1); 
"(B) shall encompass the areas described in paragraph 
(2)(A); 
"(C) may encompass the areas described in paragraph 
(2)(B);and 
"(D) may address any nonattainment area identified 
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 
or carbon monoxide."; and 
(4) by aligning paragraph (1) (as designated by paragraph 
(2)(A) of this subsection) with paragraphs (2) through (4) (as 
inserted by paragraph (3) of this subsection). 
(d) COORDINATION IN MULTISTATE AREAS.—Section 134(d) of 
23 use 134. 
such title is amended to read as follows: 
"(d) COORDINATION IN MULTISTATS AREAS.— 
"(1) IN GENERAL.—^The Secretary shall encourage each 
Grovemor with responsibility for a portion of a multistate metro-
politan area and the appropriate metropolitan 
planning 
organizations to provide coordinated transportation planning 
for the entire metropolitan area. 
"(2) INTERSTATE COMPACTS.—^The consent of Congress is 
granted to any 2 or more States— 
"(A) to enter into agreements or compacts, not in con-
flict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities 
authorized under this section as the activities pertain to 
interstate areas and localities within the States; and 
"(B) to establish such agencies, joint or otherwise, as 
the States may determine desirable for making the agree-
ments and compacts effective. 
"(3) LAKE TAHOE REGION.— 
"(A) DEFINITION.—In this paragraph, the term 'Lake 
Tahoe region' has the meaning given the term 'region' 
in subdivision (a) of article II of the Tahoe Regional Plan-
ning Compact, as set forth in the first section of Public 
Law 96-551 (94 Stat. 3234). 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 173 
"(B) TRANSPORTATION PLANNING PROCESS.—^The Sec-
retary shall— 
"(i) establish with the Federal land management 
agencies that have jurisdiction over land in the Lake 
Tahoe region a transportation planning process for the 
region; and 
"(ii) coordinate the transportation planning process 
with the planning process required of State and local 
governments under this section, section 135, and chap-
ter 53 of title 49. 
"(C) INTERSTATE COMPACT.— 
California. 
"(i) IN GENERAL.—Subject to clause (ii), notwith- Nevada, 
standing subsection (b), to carry out the transportation 
planning process required by this section, the consent 
of Congress is granted to the States of California and 
Nevada to designate a metropolitan planning organiza-
tion for the Lake Tahoe region, by agreement between 
the GU)vernors of the States of California and Nevada 
and units of general purpose local government that 
together represent at least 75 percent of the affected 
population (including the central city or cities (as 
defined by the Bureau of the Census)), or in accordance 
with procedures established by applicable State or local 
law. 
"(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT 
AGENCIES.— 
"(I) REPRESENTATION.—^The policy board of a 
metropolitan planning organization 
designated 
under clause (i) shall include a representative of 
each Federal land management agency that has 
jurisdiction over land in the Lake Tahoe region. 
"(II) FUNDING.—In addition to funds made 
available to the metropolitan planning organiza-
tion under other provisions of this title and under 
chapter 53 of title 49, not more than 1 percent 
of the funds allocated under section 202 may be 
used to carry out the transportation planning proc-
ess for the Lake Tahoe region under this subpara-
graph. 
"(D) 
ACTIVITIES.—Highway 
projects 
included in 
transportation plans developed under this paragraph— 
"(i) shall be selected for funding in a manner that 
facilitates the participation of the Federal 
land 
management agencies that have jurisdiction over land 
in the Lake Tahoe region; and 
"(ii) may, in accordance with chapter 2, be funded 
using funds allocated under section 202. 
"(4) RECIPIENTS OF OTHER ASSISTANCE.—The Secretary 
shall encourage each metropolitan planning organization to 
coordinate, to the maximum extent practicable, the design and 
delivery of transportation services within the metropolitan plan-
ning area that are provided— 
"(A) by recipients of assistance under chapter 53 of 
title 49; and 
"(B) by governmental agencies and nonprofit organiza-
tions (including representatives of the agencies and 
organizations) that receive Federal assistance from a source 
112 STAT. 174 
PUBLIC LAW 105-178-^JlJNE 9, 1998 
other than the Department of Transportation to provide 
nonemergency transportation services.". 
(e) COORDINATION OF MPOS.—Section 134(e) of such title is 
23 use 134. 
amended— 
(1) in the subsection heading by striking "MFC's" and 
inserting "MFCs"; 
(2) by striking "If and inserting the following: 
"(l)NONATTAINMENT AREAS.—If; 
(3) by adding at the end the following: 
"(2) PROJECT LOCATED IN MULTIPLE MPOS.—If a project 
is located within the boundaries of more than 1 metropolitan 
planning organization, the metropolitan planning organizations 
shall coordinate plans regarding the project."; and 
(4) by aligning paragraph (1) (as designated by paragraph 
(2) of this subsection) with paragraph (2) (as added by para-
graph (3) of this subsection). 
(f) SCOPE OF PLANNING PROCESS.—Section 134(f) of such title 
is amended to read as follows: 
"(f) SCOPE OF PLANNING PROCESS.— 
"(1) IN GENERAL.—^The metropolitan transportation plan-
ning process for a metropolitan area under this section shall 
provide for consideration of projects and strategies that will— 
"(A) support the economic vitality of the metropolitan 
area, 
especially 
by 
enabling 
global 
competitiveness, 
productivity, and efficiency; 
"(B) increase the safety and security of the transpor-
tation system for motorized and nonmotorized users; 
"(C) increase the accessibility and mobility options 
available to people and for freight; 
"(D) protect and enhance the environment, promote 
energy conservation, and improve quality of life; 
"(E) enhance the integration and connectivity of the 
transportation system, across and between modes, for peo-
ple and freight; 
"(F) promote efficient system management and oper-
ation; and 
"(G) emphasize the preservation 
of the 
existing 
transportation system. 
"(2) FAILURE TO CONSIDER FACTORS.—^The failure to con-
sider any factor specified in paragraph (1) shall not be review-
able by any court under this title, subchapter II of chapter 
5 of title 5, or chapter 7 of title 5 in any matter affecting 
a transportation plan, a transportation improvement plan, a 
project or strategy, or the certification of a planning process.". 
(g) LONG-RANGE TRANSPORTATION PLAN.—Section 134(g) of such 
title is amended— 
(1) in paragraph (2) by striking ", at a minimum" and 
inserting "contain, at a minimum, the following"; 
(2) in paragraph (2)(A) by striking "Identify" and inserting 
"An identification of; and 
(3) by striking paragraph (2)(B) and inserting the following: 
"(B) A financial plan that demonstrates how the 
adopted long-range transportation plan can be imple-
mented, indicates resources from public and private sources 
that are reasonably expected to be made available to carry 
out the plan, and recommends any additional 
financing 
strategies for needed projects and programs. The financial 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 175 
plan may include, for illustrative purposes, additional 
projects that would be included in the adopted long-range 
transportation plan if reasonable additional resources 
beyond those identified in the financial plan were available. 
For the purpose of developing the long-range transportation 
plan, the metropolitan planning organization and State 
shall cooperatively develop estimates of funds that will 
be available to support plan implementation."; 
(4) in paragraph (4)— 
(A) by inserting after "employees," the following: 
"freight shippers, providers of freight transportation serv-
ices,"; and 
(B) by inserting after "private providers of transpor-
tation," the following: "representatives of users of public 
transit,"; 
(5) by adding at the end the following: 
"(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
Notwithstanding paragraph (2)(B), a State or metropolitan 
planning organization shall not be required to select any project 
from the illustrative list of additional projects included in the 
financial plan under paragraph (2)(B)."; 
(6) in the subsection heading by striking "LONG RANGE 
PLAN" and inserting "LONG-RANGE TRANSPORTATION PLAN"; 
(7) in the headings for paragraphs (2) and (5) by striking 
"LONG RANGE PLAN" and inserting "LONG-RANGE TRANSPOR-
TATION PLAN"; and 
(8) by striking "long range plan" each place it appears 
and inserting "long-range transportation plan". 
(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.— 
Section 134(h) of such title is amended to read as follows: 
23 USC 134. 
"(h) 
METROPOLITAN 
TRANSPORTATION 
IMPROVEMENT 
PRO-
GRAM.— 
"(1) DEVELOPMENT.— 
"(A) IN GENERAL.—In cooperation with the State and 
any affected public transit operator, the metropolitan plan-
ning organization designated for a metropolitan area shall 
develop a transportation improvement program for the area 
for which the organization is designated. 
"(B) OPPORTUNITY FOR COMMENT.—In developing the 
program, the metropolitan 
planning organization, in 
cooperation with the State and any affected public transit 
operator, shall provide citizens, affected public agencies, 
representatives of transportation agency employees, freight 
shippers, providers of freight transportation services, pri-
vate providers of transportation, representatives of users 
of public transit, and other interested parties with a reason-
able opportunity to comment on the proposed program. 
"(C) FUNDING ESTIMATES.—For the purpose of develop-
ing the transportation improvement program, the metro-
politan planning organization, public transit agency, and 
State shall cooperatively develop estimates of funds that 
are reasonably expected to be available to support program 
implementation. 
"(D) UPDATING AND APPROVAL.—The program shall be 
updated at least once every 2 years and shall be approved 
by the metropolitan planning organization and the Gov-
ernor. 
112 STAT. 176 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(2) CONTENTS.—^The transportation improvement program 
shall include— 
"(A) a priority list of proposed federally supported 
projects and strategies to be carried out within each 3-
year period after the initial adoption of the transportation 
improvement program; and 
"(B) a financial plan that— 
"(i) demonstrates how the transportation improve-
ment program can be implemented; 
"(ii) indicates resources from public and private 
sources that are reasonably expected to be available 
to carry out the program; 
"(iii) identifies innovative financing techniques to 
finance projects, programs, and strategies; and 
"(iv) may include, for illustrative purposes, addi-
tional projects that would be included in the approved 
transportation improvement program if reasonable 
additional resources beyond those identified in the 
financial plan were available. 
"(3) INCLUDED PROJECTS.— 
"(A) PROJECTS UNDER THIS CHAPTER AND CHAPTER 53 
OF TITLE 49.—^A transportation improvement program devel-
oped under this subsection for a metropolitan area shall 
include the projects and strategies within the area that 
are proposed for funding under this chapter and chapter 
53 of title 49. 
"(B) PROJECTS UNDER CHAPTER 2.— 
"(i) REGIONALLY SIGNIFICANT PROJECTS.—^Region-
ally significant projects proposed for funding under 
chapter 2 shall be identified individually in the 
transportation improvement program. 
"(ii) OTHER PROJECTS.—Projects proposed for fund-
ing under chapter 2 that are not determined to be 
regionally significant shall be grouped in 1 line item 
or 
identified 
individually 
in 
the 
transportation 
improvement program. 
"(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION 
PLAN.—Each project shall be consistent with the long-range 
transportation plan developed under subsection (g) for the 
area. 
"(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 
The program shall include a project, or an identified phase 
of a project, only if full funding can reasonably be antici-
pated to be available for the project within the time period 
contemplated for completion of the project. 
"(4) NOTICE AND COMMENT.—Before approving a transpor-
tation improvement program, a metropolitan planning organiza-
tion shall, in cooperation with the State and any affected public 
transit operator, provide citizens, affected public agencies, 
representatives of transportation agency employees, freight 
shippers, providers of freight transportation services, private 
providers of transportation, representatives of users of public 
transit, and other interested parties with reasonable notice 
of and an opportunity to comment on the proposed program. 
"(5) SELECTION OF PROJECTS.— 
"(A) IN GENERAL.—Except as otherwise provided in 
subsection (i)(4) and in addition to the transportation 
-^£i*S% 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 177 
improvement program development required under para-
graph (1), the selection of federally funded projects for 
implementation in metropolitan areas shall be carried out, 
from the approved transportation improvement program— 
"(i)by— 
"(I) in the case of projects under this chapter, 
the State; and 
"(11) in the case of projects under chapter 53 
of title 49, the designated transit funding recipi-
ents; and 
"(ii) in cooperation with the metropolitan planning 
organization. 
"(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary 
shall not be required to advance a project included in 
the approved transportation improvement program in place 
of another project in the program. 
"(6) 
SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
"(A) No REQUIRED SELECTION.—^Notwithstanding para-
graph (2)(B)(iv), a State or metropolitan planning organiza-
tion shall not be required to select any project from the 
illustrative list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv). 
"(B) REQUIRED ACTION BY THE SECRETARY.—^Action by 
the Secretary shall be required for a State or metropolitan 
planning organization to select any project from the illus-
trative list of additional projects included in the financial 
plan under paragraph (2)(B)(iv) for inclusion in an approved 
transportation improvement program. 
"(7) PUBLICATION.— 
"(A) 
PUBLICATION OF TRANSPORTATION IMPROVEMENT 
PROGRAMS.—^A 
transportation 
improvement 
program 
involving Grovemment participation shall be published or 
otherwise made readily available by the metropolitan plan-
> 
ning organization for public review. 
"(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— 
An annual listing of projects for which Federal funds have 
been obligated in the preceding year shall be published 
or otherwise made available by the metropolitan planning 
organization for public review. The listing shall be consist-
ent with the categories identified in the transportation 
improvement program.", 
(i) TRANSPORTATION MANAGEMENT AREAS.— 
(1) REQUIRED DESIGNATIONS.—Section 134(i)(l) of such title 
23 use 134. 
is amended to read as follows: 
"(1) DESIGNATION.— 
"(A) REQUIRED DESIGNATIONS.—The Secretary shall 
designate as a transportation management area each 
urbanized area with a population of over 200,000 individ-
uals. 
"(B) DESIGNATIONS ON REQUEST.—The Secretary shall 
designate any additional area as a transportation manage-
ment area on the request of the Grovemor and the metro-
politan planning organization designated for the area.". 
(2) SELECTION OF PROJECTS.—Section 134(i)(4) of such title 
is amended to read as follows: 
"(4) SELECTION OF PROJECTS.— 
112 STAT. 178 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(A) IN GENERAL.—^All federally funded projects carried 
out within the boundaries of a transportation management 
area under this title (excluding projects carried out on 
the National Highway System and projects carried out 
under the bridge program or the Interstate maintenance 
program) or under chapter 53 of title 49 shall be selected 
for implementation from the approved 
transportation 
improvement 
program by the metropolitan 
planning 
organization designated for the area in consultation with 
the State and any affected public transit operator. 
"(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—^Projects 
carried out within the boundaries of a transportation 
management area on the National Highway System and 
projects carried out within such boundaries under the 
bridge program or the Interstate maintenance program 
shall be selected for implementation from the approved 
transportation improvement program by the State in 
cooperation with the metropolitan planning organization 
designated for the area.". 
23 use 134. 
(3) CERTIFICATION.—Section 134(i)(5) of such title is 
amended to read as follows: 
"(5) CERTIFICATION.— 
"(A) IN GENERAL.—^The Secretary shall— 
"(i) ensure that the metropolitan planning process 
in each transportation management area is being car-
ried out in accordance with applicable provisions of 
Federal law; and 
"(ii) subject to subparagraph (B), certify, not less 
often than once every 3 years, that the requirements 
of this paragraph are met with respect to the transpor-
tation management area. 
"(B) REQUIREMENTS FOR CERTIFICATION.—^The Sec-
retary may make the certification under subparagraph (A) 
if— 
"(i) the transportation planning process complies 
with the requirements of this section and other 
applicable requirements of Federal law; and 
"(ii) there is a transportation improvement pro-
gram for the area that has been approved by the metro-
politan planning organization and the Governor. 
"(C) EFFECT OF FAILURE TO CERTIFY.— 
"(i) WITHHOLDING OF FUNDS.—If a metropolitan 
planning process is not certified, the Secretary may 
withhold up to 20 percent of the apportioned funds 
attributable to the transportation management area 
under this title and chapter 53 of title 49. 
"(ii) RESTORATION OF WITHHELD FUNDS.—^The with-
held apportionments shall be restored to the metropoli-
tan area at such time as the metropolitan planning 
organization is certified by the Secretary. 
"(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICI-
PATION.—^The Secretary shall not withhold certification 
under this paragraph based on the policies and criteria 
established by a metropolitan planning organization 
or transit grant recipient for determining the feasibility 
of private enterprise participation in accordance with 
section 5306(a) of title 49. 
-SCSTfe* 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 179 
"(D) REVIEW OF CERTIFICATION.—In making certifi-
cation determinations under this paragraph, the Secretary 
shall provide for public involvement appropriate to the 
metropolitan area under review.". 
(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.— 
Section 134(j) of such title is amended to read as follows: 
"(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.— 
"(1) IN GENERAL.—Subject to paragraph (2), in the case 
of a metropolitan area not designated as a transportation 
management area under this section, the Secretary may provide 
for the development of an abbreviated long-range transportation 
plan and transportation improvement program for the metro-
politan area that the Secretary determines is appropriate to 
achieve the purposes of this section, taking into account the 
complexity of transportation problems in the area. 
"(2) NONATTAINMENT AREAS.—^The Secretary may not per-
mit abbreviated plans or programs for a metropolitan area 
that is in nonattainment for ozone or carbon monoxide under 
the Clean Air Act (42 U.S.C. 7401 et seq.).". 
(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—Section 134(1) of such title is amended— 
23 USC 134. 
(1) by striking "Notwithstanding" and inserting the 
following: 
"(1) IN GENERAL.—Notwithstanding"; and 
(2) by adding at the end the following: 
"(2) APPLICABILITY.—^This subsection applies to a nonattain-
ment area within the metropolitan planning area boundaries 
determined under subsection (c).". 
(1) FUNDING.—Section 134(n) of such title is amended to read 
as follows: 
"(n) FUNDING.— 
"(1) IN GENERAL.—Funds set aside under section 104(f) 
of this title to carry out sections 5303 through 5305 of title 
49 shall be available to carry out this section. 
"(2) UNUSED FUNDS.—^Any funds that are not used to carry 
out this section may be made available by the metropolitan 
planning organization to the State to fund activities under 
section 135.". 
(m) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 
134 of such title is amended by adding at the end the following: 
"(o) CONTINUATION OF CURRENT REVIEW 
PRACTICE.—Since 
plans and programs described in this section are subject to a reason-
able opportunity for public comment, since individual projects 
included in the plans and programs are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning plans 
and programs described in this section have not been reviewed 
under such Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or program described in this section shall not 
be considered to be a Federal action subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).". 
(n) TECHNICAL AMENDMENT.—^The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 134 and inserting the following: 
"134. Metropolitan planning.". 
112 STAT. 180 
PUBLIC LAW 105-178—JUNE 9, 1998 
SEC. 1204. STATEWIDE PLANNING. 
(a) GENERAL REQUIREMENTS.—Section 135(a) of title 23, United 
States Code, is amended to read as follows: 
"(a) GENERAL REQUIREMENTS.— 
"(1) FINDINGS.—It is in the national interest to encourage 
and promote the safe and efficient management, operation, 
and development of surface transportation systems that will 
serve the mobility needs of people and freight and foster eco-
nomic growth and development within and through urbanized 
areas, while minimizing transportation-related fuel consump-
tion and air pollution. 
"(2) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to 
section 134 of this title and sections 5303 through 5305 of 
title 49, each State shall develop transportation plans and 
programs for all areas of the State. 
"(3) CONTENTS.—^The plans and programs for each State 
shall provide for the development and integrated management 
and operation of transportation systems and facilities (including 
pedestrian walkways and bicycle transportation facilities) that 
will function as an intermodal transportation system for the 
State and an integral part of an intermodal transportation 
system for the United States. 
"(4) PROCESS OF DEVELOPMENT.—The process for developing 
the plans and programs shall provide for consideration of all 
modes of transportation and shall be continuing, cooperative, 
and comprehensive to the degree appropriate, based on the 
complexity of the transportation problems to be addressed.". 
(b) 
COORDINATION WITH 
METROPOLITAN 
PLANNING; 
STATE 
IMPLEMENTATION PLAN.—Section 135(b) of such title is amended 
by inserting after "of this title" the following: "and sections 5303 
through 5305 of title 49". 
(c) SCOPE OF PLANNING PROCESS.—Section 135(c) of such title 
is amended to read as follows: 
"(c) SCOPE OF PLANNING PROCESS.— 
"(1) IN GENERAL.—^Each State shall carry out a transpor-
tation planning process that provides for consideration of 
projects and strategies that will— 
"(A) support the economic vitality of the United States, 
the States, and metropolitan areas, especially by enabling 
global competitiveness, productivity, and efficiency; 
"(B) increase the safety and security of the transpor-
tation system for motorized and nonmotorized users; 
"(C) increase the accessibility and mobility options 
available to people and for freight; 
"(D) protect and enhance the environment, promote 
energy conservation, and improve quality of life; 
"(E) enhance the integration and connectivity of the 
transportation system, across and between modes through-
out the State, for people and freight; 
"(F) promote efficient system management and oper-
ation; and 
"(G) emphasize the preservation of the existing 
transportation system. 
"(2) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraph (1) shall not be 
reviewable by any court under this title, subchapter II of chap-
ter 5 of title 5, or chapter 7 of title 5 in any matter affecting 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 181 
a transportation plan, a transportation improvement plan, a 
project or strategy, or the certification of a planning process.". 
(d) ADDITIONAL REQUIREMENTS.—Section 135(d) of such title 
23 use 135. 
is amended to read as follows: 
"(d) ADDITIONAL REQUIREMENTS.—In carrying out planning 
under this section, each State shall, at a minimum, consider— 
"(1) with respect to nonmetropolitan areas, the concerns 
of local elected officials representing units of general purpose 
local government; 
"(2) the concerns of Indian tribal governments and Federal 
land management agencies that have jurisdiction over land 
within the boundaries of the State; and 
"(3) coordination of transportation plans, programs, and 
planning activities with related planning activities being carried 
out outside of metropolitan planning areas.". 
(e) LONG-RANGE TRANSPORTATION PLAN.—Section 135(e) of such 
title is amended to read as follows: 
"(e) LONG-RANGE TRANSPORTATION PLAN.— 
"(1) DEVELOPMENT.—Each State shall develop a long-range 
transportation plan, with a minimum 20-year forecast period, 
for all areas of the State, that provides for the development 
and implementation of the intermodal transportation system 
of the State. 
"(2) CONSULTATION WITH GOVERNMENTS.— 
"(A) METROPOLITAN AREAS.—^With respect to each 
metropolitan area in the State, the long-range transpor-
tation plan shall be developed in cooperation with the 
metropolitan planning organization designated for the 
metropolitan area under section 134 of this title and section 
5303 of title 49. 
"(B) NONMETROPOLITAN AREAS.—With respect to each 
nonmetropolitan area, the long-range transportation plan 
shall be developed in consultation with affected local offi-
cials with responsibility for transportation. 
"(C) INDIAN TRIBAL AREAS.—^With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the long-range transportation plan shall be 
developed in consultation with the tribal government and 
the Secretary of the Interior. 
"(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 
the long-range transportation plan, the State shall— 
"(A) provide citizens, affected public agencies, rep-
resentatives of transportation agency employees, freight 
shippers, private providers of transportation, representa-
tives of users of public transit, providers of freight transpor-
tation services, and other interested parties with a reason-
able opportunity to comment on the proposed plan; and 
"(B) identify transportation strategies necessary to effi-
ciently serve the mobility needs of people. 
"(4) FINANCIAL PLAN.—^The long-range transportation plan 
may include a financial plan that demonstrates how the adopted 
long-range transportation plan can be implemented, indicates 
resources from public and private sources that are reasonably 
expected to be made available to carry out the plan, and rec-
ommends any additional financing strategies for needed projects 
and programs. The financial plan may include, for illustrative 
purposes, additional projects that would be included in the 
112 STAT. 182 
PUBLIC LAW 105-178-^UNE 9, 1998 
adopted transportation plan if reasonable additional resources 
beyond those identified in the financial plan were available. 
"(5) 
SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
Notwithstanding paragraph (4), a State shall not be required 
to select any project fi'om the illustrative list of additional 
projects included in the financial plan under paragraph (4).". 
If) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—Section 
23 use 135. 
135(f) of such title is amended to read as follows: 
"(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.— 
"(1) DEVELOPMENT.— 
"(A) IN GENERAL.—Each State shall develop a transpor-
tation improvement program for all areas of the State. 
"(B) CONSULTATION WITH GOVERNMENTS.— 
"(i) METROPOLITAN AREAS.—With respect to each 
metropolitan area in the State, the program shall be 
developed in cooperation with the metropolitan plan-
ning organization designated for the metropolitan area 
under section 134 of this title and section 5303 of 
title 49. 
"(ii) NONMETROPOLITAN AREAS.— 
"(I) IN GENERAL.—^With respect to each non-
metropolitan area in the State, the program shall 
be developed in consultation with afi"ected local 
officials with responsibility for transportation. 
"(II) REVIEW.—^Not later than 1 year after the 
date of enactment of this subclause, the State shall 
submit to the Secretary the details of the consult-
ative planning process developed by the State for 
nonmetropolitan areas under subclause (I). The 
Secretary shall not review or approve such process. 
"(iii) INDIAN TRIBAL AREAS.—^With respect to each 
area of the State under the jurisdiction of an Indian 
tribal government, the program shall be developed in 
consultation with the tribal government and the Sec-
retary of the Interior. 
"(C) PARTICIPATION BY INTERESTED PARTIES.—In devel-
oping the program, the Grovernor shall provide citizens, 
aflFected public agencies, representatives of transportation 
agency employees, freight shippers, private providers of 
transportation, providers of freight transportation services, 
representatives of users of public transit, and other 
interested parties with a reasonable opportunity to com-
ment on the proposed program. 
"(2) INCLUDED PROJECTS.— 
"(A) IN GENERAL.—^A transportation improvement pro-
gram developed under this subsection for a State shall 
include federally supported surface transportation expendi-
tures within the boundaries of the State. 
"(B) CHAPTER 2 PROJECTS.— 
"(i) REGIONALLY SIGNIFICANT PROJECTS.—^Region-
ally significant projects proposed for funding under 
chapter 2 shall be identified individually in the 
transportation improvement program. 
"(ii) OTHER PROJECTS.—Projects proposed for fimd-
ing under chapter 2 that are not determined to be 
regionally significant shall be grouped in 1 line item 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 183 
or 
identified 
individually 
in 
the 
transportation 
improvement program. 
"(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION 
PLAN.—Each project shall be— 
"(i) consistent with the long-range transportation 
plan developed under this section for the State; 
"(ii) identical to the project as described in an 
approved metropolitan transportation 
improvement 
program; and 
"(iii) in conformance with the applicable State air 
quality implementation plan developed under the 
Clean Air Act (42 U.S.C. 7401 et seq.), if the project 
is carried out in an area designated as nonattainment 
for ozone or carbon monoxide under such Act. 
"(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 
The program shall include a project, or an identified phase 
of a project, only if full funding can reasonably be antici-
pated to be available for the project within the time period 
contemplated for completion of the project. 
"(E) FINANCIAL PLAN.—^The transportation improve-
ment program may include a financial plan that dem-
onstrates how the approved transportation improvement 
program can be implemented, indicates resources from pub-
lic and private sources that are reasonably expected to 
be made available to carry out the plan, and recommends 
any additional financing strategies for needed projects and 
programs. The financial plan may include, for illustrative 
purposes, additional projects that would be included in 
the adopted transportation plan if reasonable additional 
resources beyond those identified in the financial plan were 
available. 
"(F) 
SELECTION 
OF 
PROJECTS 
FROM 
ILLUSTRATIVE 
LIST.— 
"(i) No REQUIRED SELECTION.—^Notwithstanding 
subparagraph (E), a State shall not be required to 
select any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (E). 
"(ii) REQUIRED ACTION BY THE SECRETARY.—^Action 
by the Secretary shall be required for a State to select 
any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (E) for inclusion in an approved transportation 
improvement program. 
"(G) PRIORITIES.—^The program shall reflect the prior-
ities for programming and expenditures of funds, including 
transportation enhancement activities, required by this 
title. 
"(3) PROJECT SELECTION FOR AREAS OF LESS THAN 5O,OOO 
POPULATION.— 
"(A) IN GENERAL.—^Projects carried out in areas with 
populations of less than 50,000 individuals (excluding 
projects carried out on the National Highway System and 
projects carried out undef the bridge program or the Inter-
state maintenance program) shall be selected, from the 
approved statewide transportation improvement program, 
by the State in cooperation with the affected local officials. 
112 STAT. 184 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
"(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 
carried out in areas described in subparagraph (A) on the 
National Highway System and projects carried out in such 
areas under the bridge program or the Interstate mainte-
nance program shall be selected, from the approved state-
wide transportation improvement program, by the State 
in consultation with the affected local officials. 
"(4) BIENNIAL REVIEW AND APPROVAL.—A transportation 
improvement program developed under this subsection shall 
be reviewed and, on a finding that the planning process through 
which the program was developed is consistent with this sec-
tion, section 134, and sections 5303 through 5305 of title 49, 
approved not less frequently than biennially by the Secretary. 
"(5) MODIFICATIONS TO PROJECT PRIORITY.—^Notwithstand-
ing any other provision of law, action by the Secretary shall 
not be required to advance a project included in the approved 
statewide transportation improvement program in place of 
another project in the program.". 
23 use 135. 
(g) FUNDING.—Section 134(g) of such title is amended by strik-
ing "section 307(c)(1)" and inserting "section 505(a)". 
(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 135 
of such title is amended by adding at the end the following: 
"(i) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 
and programs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects included 
in the plans and programs are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning plans and programs 
described in this section have not been reviewed under such Act 
as of January 1, 1997, any decision by the Secretary concerning 
a plan or program described in this section shall not be considered 
to be a Federal action subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).". 
23 u s e 135 note. 
(i) PARTICIPATION OF LOCAL ELECTED OFFICIALS.— 
(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 Secretary shall consider the degree of cooperation 
between each State, local officials in rural areas in the State, 
and regional planning and development organizations in the 
State. 
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to Congress 
a report containing the results of the study with any rec-
ommendations the Secretary determines appropriate as a result 
of the study. 
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES. 
(a) CONTRACTING PROCEDURES.—Section 112(b)(2) of title 23, 
United States Code, is amended in clauses (i) and (ii) of subpara-
graph (B) by striking ", except to" each place it appears and all 
that follows through the period at the end and inserting a period. 
(b) SELECTION PROCESS.—Section 112 of title 23, United States 
Code, is amended by adding at the end the following: 
"(g) SELECTION PROCESS.—^A State may procure, under a single 
contract, the services of a consultant to prepare any environmental 
impact assessments or analyses required for a project, including 
*^W" 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 185 
environmental impact statements, as well as subsequent engineer-
ing and design work on the project if the State conducts a review 
that assesses the objectivity of the environmental assessment, 
environmental analysis, or environmental impact statement prior 
to its submission to the Secretary.". 
SEC. 1206. ACCESS OF MOTORCYCLES. 
Section 102 of title 23, United States Code, is amended by 
redesignating subsection (b) as subsection (c) and by inserting after 
subsection (a) the following: 
"(b) ACCESS OF MOTORCYCLES.—No State or political subdivision 
of a State may enact or enforce a law that applies only to motor-
cycles and the principal purpose of which is to restrict the access 
of motorcycles to any highway or portion of a highway for which 
Federal-aid highway funds have been utilized for planning, design, 
construction, or maintenance. Nothing in this subsection shall Eiffect 
the authority of a State or political subdivision of a State to regulate 
motorcycles for safety.". 
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACIUTIES. 
(a) FERRY OPERATING AND LEASING AMENDMENTS.—Section 
129(c)(3) of title 23, United States Code, is amended by striking 
"owned." and inserting "owned or operated or majority publicly 
owned if the Secretary determines with respect to a majority pub-
licly owned ferry or ferry terminal facility that such ferry boat 
or ferry terminal facility provides substantial public benefits.". 
(b) REAUTHORIZATION.—Section 1064 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 
Stat. 2005) is amended— 
(1) in the second sentence of subsection (c) by striking 
"Such sums" and inserting "Sums made available to carry out 
this section"; 
(2) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(3) by inserting after subsection (c) the following: 
"(d) SET-ASIDE FOR PROJECTS ON NHS.— 
"(1) IN GENERAL.—$20,000,000 of the amount made avail-
able to carry out this section for each of fiscal years 1999 
through 2003 shall be obligated for the construction or 
refurbishment of ferry boats and ferry terminal facilities and 
approaches to such facilities within marine highway systems 
that are part of the National Highway System, 
"(2) ALASKA.—$10,000,000 of the $20,000,000 for a fiscal 
year made available under paragraph (1) shall be made avail-
3.1)16 to tll6 St3.t6 0^.^^3.sk3. 
"(3) NEW JERSEY.—$5,000,000 of the $20,000,000 for a fiscal 
year made available under paragraph (1) shall be made avail-
able to the State of New Jersey. 
"(4) WASHINGTON.—$5,000,000 of the $20,000,000 for a fis-
cal year made available under paragraph (1) shall be made 
available to the State of Washington.". 
(c) STUDY.— 
23 use 129 note. 
(1) IN GENERAL.—^The Secretary shall conduct a study of 
ferry transportation in the United States and its possessions— 
(A) to identify existing ferry operations, including— 
(i) the locations and routes served; and 
112 STAT. 186 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
(ii) the source and amount, if any, of funds derived 
from Federal, State, or local government sources 
supporting ferry construction or operations; 
(B) to identify potential domestic ferry routes in the 
United States and its possessions and to develop informa-
tion on those routes; and 
(C) to identify the potential for use of high-speed ferry 
services and alternative-fueled ferry services. 
(2) REPORT.—The Secretary shall submit a report on the 
results of the study to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Commit-
tee on Environment and Public Works of the Senate. 
SEC. 1208. TRAINING. 
(a) TRAINING POSITIONS FOR WELFARE RECIPIENTS.—Section 
140(a) of title 23, United States Code, is amended by inserting 
after the third sentence the following: "In implementing such pro-
grams, a State may reserve training positions for persons who 
receive welfare assistance from such State; except that the 
implementation of any such program shall not cause current 
employees to be displaced or current positions to be supplanted 
or preclude workers that are participating in an apprenticeship, 
skill improvement, or other upgrading program registered with 
the Department of Labor or the appropriate State agency from 
being referred to, or hired on, projects funded under this title 
without regard to the length of time of their participation in such 
program.". 
(b) 
HIGHWAY 
TRAINING.—Section 
140(b) of such title is 
amended— 
(1) in the first sentence— 
(A) by inserting "and technology" after "construction"; 
and 
(B) by inserting after "programs" the following: ", and 
to develop and fund summer transportation institutes"; 
and 
(2) in the second sentence by striking "104(b)" and inserting 
"104(b)(3)". 
(c) SUPPORTIVE SERVICES.—Section 140(c) of such title is amend-
ed by striking "104(a)" and inserting "104(b)(3)". 
SEC. 1209. USE OF HOY LANES BY INHERENTLY LOW-EMISSION 
VEHICLES. 
Section 102(a) of title 23, United States Code, is amended— 
(1) by striking "A State" and inserting the following: 
"(1) IN GENERAL.—^A State"; 
(2) by adding at the end the following: 
"(2) EXCEPTION FOR INHERENTLY LOW-EMISSION VEHICLES.— 
Notwithstanding paragraph (1), before September 30, 2003, 
a State may permit a vehicle with fewer than 2 occupants 
to operate in high occupancy vehicle lanes if the vehicle is 
certified as an Inherently Low-Emission Vehicle pursuant to 
title 40, Code of Federal Regulations, and is labeled in accord-
ance with, section 88.312-93(c) of such title. Such permission 
may be revoked by the State should the State determine it 
necessary."; and 
(3) by aligning the remainder of paragraph (1) (as des-
ignated by paragraph (1) of this subsection) with paragraph 
(2) (as added by paragraph (2) of this subsection). 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 187 
SEC. 1210, ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM. 23 USC 135 note. 
(a) ESTABLISHMENT.—^The Secretary shall establish an advanced 
travel forecasting procedures program— 
(1) to provide for completion of the advanced transportation 
model developed under the Transportation Analysis Simulation 
System (referred to in this section as "TRANSIMS"); and 
(2) to provide support for early deployment of the advanced 
transportation modeling computer software and graphics pack-
age developed under TRANSIMS and the program established 
under this section to States, local governments, and metropoli-
tan planning organizations with responsibility for travel model-
ing. 
(b) ELIGIBLE ACTIVITIES.—^The Secretary shall use funds made 
available under this section to— 
(1) provide funding for completion of core development of 
the advanced transportation model; 
(2) develop user-friendly advanced transportation modeling 
computer software and graphics packages; 
(3) provide training and technical assistance with respect 
to the implementation 
and application of the advanced 
transportation model to States, local governments, and metro-
politan planning organizations with responsibility for travel 
modeling; and 
(4) allocate funds to not more than 12 entities described 
in paragraph (3), representing a diversity of populations and 
geographic regions, for a pilot program to enable transportation 
management areas designated under section 134(i) of title 23, 
United States Code, to convert from the use of travel forecasting 
procedures in use by the areas as of the date of enactment 
of this Act to the use of the advanced transportation model. 
(c) FUNDING.— 
(1) IN GENERAL.—There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $4,000,000 for fiscal year 
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 
2000, $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 
2002, and $2,500,000 for fiscal year 2003. 
(2) ALLOCATION OF FUNDS.— 
(A) FISCAL YEARS 1998 AND 1999.—For each of fiscal 
years 1998 and 1999, 100 percent of the funds made avail-
I 
able under paragraph (1) shall be allocated to activities 
as described in paragraphs (1), (2), and (3) of subsection 
(b). 
! 
(B) FISCAL YEARS 2000 THROUGH 2003.—For each of fiscal 
years 2000 through 2003, not more than 50 percent of 
the funds made available under paragraph (1) may be 
* 
allocated to activities described in subsection (b)(4). 
(3) CONTRACT AUTHORITY.—Funds authorized under this 
subsection shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code, except that the Federal share of the cost 
of— 
(A) any activity described in paragraph (1), (2), or 
(3) of subsection (b) shall not exceed 100 percent; and 
(B) any activity described in subsection (b)(4) shall 
not exceed 80 percent. 
112 STAT. 188 
PUBLIC LAW 105-178—JUNE 9, 1998 
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS. 
(a) 
PENNSYLVANIA 
STATION 
REDEVELOPMENT 
CORPORATION 
BOARD OF DIRECTORS.—Section 1069(gg) of the Intermodal Surface 
105 Stat. 2008. 
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.) is 
amended by adding at the end the following: 
"(3) PENNSYLVANIA STATION REDEVELOPMENT CORPORATION 
BOARD OF DIRECTORS.—In furthersince of the redevelopment 
of the James A. Farley Post Office in New York, New York, 
into an intermodal transportation facility and commercial cen-
ter, the Secretary, the Administrator of the Federal Railroad 
Administration, or their designees are authorized to serve as 
ex officio members of the BoEird of Directors of the Pennsylvania 
Station Redevelopment Corporation.". 
(b) UNION STATION REDEVELOPMENT CORPORATION BOARD OF 
DIRECTORS.—Subtitle B of title I of the National Visitor Center 
Facilities Act of 1968 (40 U.S.C. 811 et seq.) is amended by adding 
at the end the following: 
40 use 819a. 
"SEC 120. UNION STATION REDEVELOPMENT CORPORATION. 
"To further the rehabilitation, redevelopment and operation 
of the Union Station complex, the Secretary of Transportation, 
the Administrator of the Federal Railroad Administration, or their 
designees are authorized to serve as ex officio members of the 
Board of Directors of the Union Station Redevelopment Corpora-
tion.". 
(c) SAFETY BELT USE LAW REQUIREMENTS.—Section 355 of the 
National Highway System Designation Act of 1995 (109 Stat. 624) 
is gimended— 
(1) in the section heading by striking "AND MAINE"; 
(2) in subsection (a)— 
(A) by striking "States of New Hampshire and Maine 
shall each" and inserting "State of New Hampshire shall"; 
and 
(B) in paragraph (1) by striking "and 1996" and insert-
ing "through 2000"; and 
(3) by striking "or Maine" each place it appears. 
(d) METRIC CONVERSION AT STATE OPTION.—Section 205(c)(2) 
of the National Highway System Designation Act of 1995 (23 U.S.C. 
109 note; 109 Stat. 577) is amended by striking "Before September 
30, 2000, the" and inserting "The". 
(e) RIGHT-OF-WAY REVOLVING FUND.— 
(1) TERMINATION.—Section 108 of title 23, United States 
Code, is amended— 
(A) by striking subsection (c); and 
(B) by redesignating subsection (d) as subsection (c). 
23 use 108 note. 
(2) TRANSITION PROVISION.— 
(A) IN GENERAL.—Funds advanced to a State by the 
Secretary from the right-of-way revolving fund established 
by section 108(c) of title 23, United States Code, prior 
to the date of enactment of this Act shall remain available 
to the State for use on the projects for which the funds 
were advanced for a period of 20 years from the date 
on which the funds were advanced. 
(B) CREDIT TO HIGHWAY TRUST FUND.—With respect 
to a project for which funds have been advanced from 
the right-of-way revolving fund, upon the termination of 
the 20-year period referred to in subparagraph (A), when 
;.'?&"«f**fr-
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 189 
actual construction is commenced, or upon approval by 
the Secretary of the plans, specifications, and estimates 
for the actual construction of the project on the right-
of-way, whichever occurs first— 
(i) the Highway Trust Fund (other than the Mass 
Transit Account) shall be credited with an amount 
equal to the Federal share of the funds advanced, 
as provided in section 120 of title 23, United States 
Code, out of any Federal-aid highway funds appor-
tioned to the State in which the project is located 
and available for obligation for projects of the type 
funded; and 
(ii) the State shall reimburse the Secretary in an 
amount equal to the non-Federal share of the funds 
advanced for deposit in, and credit to, the Highway 
Trust Fund (other than the Mass Transit Account). 
(g) PILOT TOLL COLLECTION PROGRAM.—Section 129 of title 
23, United States Code, is amended by striking subsection (d). 
(h) CONGRESSIONAL BRIDGE COMMISSIONS.—Public Law 87-441 
(76 Stat. 59) is repealed. 
(i) ISTEA HIGH PRIORITY CORRIDORS.— 
(1) IN GENERAL.—Section 1105(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) 
is amended— 
(A) by striking paragraph (5)(B)(iii)(I)(ff) and inserting 
the following: 
"(fO South Carolina State line to the Myrtle 
Beach Conway region to Georgetown, South Caro-
lina, including a connection to Andrews following 
the route 41 corridor and to Camden following 
the U.S. Route 521 corridor; and"; 
(B) by striking paragraph (5)(B)(iii)(II)(hh) and insert-
ing the following: 
"(hh) South Carolina State line to the Myrtle 
Beach Conway region to (Georgetown, South Caro-
lina."; 
(C) in paragraph (9) by inserting after "New York" 
the following: ", including United States Route 322 between 
United States Route 220 and 1-80"; 
(D) in paragraph (18)— 
(i) by striking "(18) Corridor from Indianapolis," 
and inserting the following: 
"(18) Corridor from Sarnia, Ontario, Canada, through Port 
Huron, Michigan, southwesterly along Interstate Route 69 
through Indianapolis,"; and 
(ii) by striking "and to include" and inserting the 
following: "as follows: 
"(A) In Michigan, the corridor shall be from Sarnia, 
Ontario, Canada, southwesterly along Interstate Route 94 
to the Ambassador Bridge interchange in Detroit, Michigan. 
"(B) In Michigan and Illinois, the corridor shall be 
from Windsor, Ontario, Canada, through Detroit, Michigan, 
westerly along Interstate Route 94 to Chicago, Illinois. 
"(C) In Tennessee, Mississippi, Arkansas, and Louisi-
ana, the Corridor shall— 
112 STAT. 190 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(i) follow the alignment generally identified in 
the Corridor 18 Special Issues Study Final Report; 
and 
"(ii) include a connection between the Corridor in 
the vicinity of Monticello, Arkansas, to Pine Bluff, 
Arkansas. 
"(D) 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 U.S. Route 
77; 
"(ii) include United States Route 281 from the 
Rio Grande River to Interstate Route 37 and then 
to Victoria, Texas, via United States Route 59; and 
"(iii) include"; 
(E) in paragraph (21) by striking "United States Route 
17 in the vicinity of Salamanca, New York" and inserting 
"Interstate Route 80"; 
(F) by inserting ", including 1-29 between Kansas City 
and the Canadian border" before the period at the end 
of paragraph (23); and 
(G) by inserting after paragraph (29) the following: 
"(30) Interstate Route 5 in the States of California, Oregon, 
and Washington, including California State Route 905 between 
Interstate Route 5 and the Otay Mesa Port of Entry. 
"(31) The Mon-Fayette Expressway and Southern Beltway 
in Pennsylvania and West Virginia. 
"(32) The Wisconsin Development Corridor from the Iowa, 
Illinois, and Wisconsin border near Dubuque, Iowa, to the 
Upper Mississippi River Basin near Eau Claire, Wisconsin, 
as follows: 
"(A) United States Route 151 from the Iowa border 
to Fond du Lac via Madison, Wisconsin, then United States 
Route 41 from Fond du Lac to Marinette via Oshkosh, 
Appleton, and Green Bay, Wisconsin. 
"(B) State Route 29 from Green Bay to 1-94 via 
Wausau, Chippewa Falls, and Eau Claire, Wisconsin. 
"(C) United States Route 
10 from Appleton 
to 
Marshfield, Wisconsin. 
"(33) The Capital Gateway Corridor following United States 
Route 50 from the proposed intermodal transportation center 
connected to 1-395 in Washington, D.C., to the intersection 
of United States Route 50 with Kenilworth Avenue and the 
Baltimore-Washington Parkway in Maryland. 
"(34) The Alameda Corridor East and Southwest Passage, 
California. The Alameda Corridor East is generally described 
as 52.8 miles from east Los Angeles (terminus of Alameda 
Corridor) through the San Gabriel Valley terminating at Colton 
Junction in San Bernardino. The Southwest Passage shall fol-
low I-10 from San Bernardino to the Arizona State line and 
1-8 from San Diego to the Arizona State line. 
"(35) Everett-Tacoma FAST Corridor. 
"(36) New York and Pennsylvania State Route 17 from 
Harriman, New York, to its intersection with 1-90 in Pennsylva-
nia. 
m--*-' 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 191 
"(37) United States Route 90 from 1-49 in Lafayette, Louisi-
ana, to I-IO in New Orleans. 
"(38) The Ports-to-Plains Corridor from the Mexican Border 
via 1-27 to Denver, Colorado. 
"(39) United States Route 63 from Marked Tree, Arkansas, 
to 1-55. 
"(40) The Greensboro Corridor from Danville, Virginia, to 
Greensboro, North Carolina, along United States Route 29. 
"(41) The Falls-to-Falls Corridor—United States Route 53 
from International Falls on the Minnesota/Canada border to 
Chippewa Falls, Wisconsin. 
"(42) The portion of Corridor V of the Appalachian develop-
ment highway system from Interstate Route 55 near Batesville, 
Mississippi, to the intersection with Corridor X of the Appalach-
ian development highway system near Fulton, Mississippi, and 
the portion of Corridor X of the Appalachian development high-
way system from near Fulton, Mississippi, to the intersection 
with Interstate Route 65 near Birmingham, Alabama. 
"(43) The United States Route 95 Corridor from the 
Canadian border at Eastport, Idaho, to the Oregon State bor- 
**' 
der.". 
(2) 
PROVISIONS 
APPLICABLE 
TO 
CORRIDORS.—Section 
1105(e)(5)(A) of such Act is amended— 
105 Stat. 2031. 
(A) by inserting after "referred to" the first place it 
appears the following: "in subsection (c)(1),"; 
(B) by striking "and" the second place it appears; and 
(C) by inserting after "(c)(20)" the following: ", in sub-
section (c)(36), in subsection (c)(37), in subsection (c)(40), 
and in subsection (c)(42)". 
(3) ROUTES.—Section 1105(e)(5) of such Act is further 
amended— 
(A) in subparagraph (A) by inserting "(except with 
respect to CJeorgetown County)" before "(iii)"; 
(B) by redesignating subparagraphs (B) and (C) as 
subparagraphs (C) and (D), respectively; 
(C) by inserting after subparagraph (A) the following: 
"(B) ROUTES.— 
"(i) DESIGNATION.—^The routes referred to in sub-
sections (c)( 18) smd (c)(20) shall be designated as Inter-
state Route 1-69. A State having jurisdiction over any 
segment of routes referred to in subsections (c)(18) 
and (c)(20) shall erect signs identifying such segment 
that is consistent with the criteria set forth in sub-
sections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route 
1-69, including segments of United States Route 59 
in the State of Texas. The segment identified in sub-
section (c)( 18)(B)(i) shall be designated as Interstate 
Route 1-69 East, and the segment identified in sub-
section (c)(18)(B)(ii) shall be designated as Interstate 
Route 1-69 Central. The State of Texas shall erect 
signs identif3dng such routes as segments of future 
Interstate Route 1-69. 
"(ii) 
RULEMAKING TO DETERMINE FUTURE INTER-
STATE SIGN ERECTION CRITERIA.—^The Secretary shall 
conduct a rulemaking to determine the appropriate 
criteria for the erection of signs for future routes on 
the Interstate System identified in subparagraph (A). 
112 STAT. 192 
PUBLIC LAW 105-178-JUNE 9, 1998 
Such rulemaking shall be undertaken in consultation 
with States and local officials and shall be completed 
not later than December 31, 1998."; 
(D) by striking the last sentence of subparagraph (A) 
and inserting it as the first sentence of subparagraph (B)(i) 
(as inserted by subparagraph (C) of this paragraph); and 
(E) in subparagraph (D) (as redesignated by subpara-
graph (B) of this paragraph), by striking "(C)" and inserting 
"(D)". 
(j) WINTER HOME HEATING OIL DELIVERY.—Section 346 of the 
National Highway System Designation Act of 1995 (109 Stat. 615-
49 use 31136 
616) is amended— 
note. 
(1) in subsection (a) by striking "season in the 6-month 
period beginning on November 1, 1996" and inserting "seasons 
in the 18-month period beginning on November 1, 1998"; and 
(2) by adding at the end the following: 
Reports. 
"(g) STUDY.—^Not later than 1 year after the completion of 
the pilot program, the Secretary shall submit to Congress a report 
on the results of the program, including an assessment of any 
impact on public safety.". 
(k) FUTURE CORRIDOR SEGMENT.— 
(1) STUDY.—^The Secretary shall conduct a study to deter-
mine the feasibility of providing an Interstate quality road 
for a route that runs in south/west direction generally along 
United States Route 61 and crosses the Mississippi River in 
the vicinity of Memphis, Tennessee, to Highway 79 and gen-
erally follows Highway 79 to Pine Bluff, Arkansas. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
$500,000 for fiscal year 1999 to carry out the study. 
(3) 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 appor-
tioned under chapter 1 of title 23, United States Code, except 
that such funds shall remain available until expended. 
(1) BATON ROUGE, LOUISIANA.— 
(1) REDUCTION IN SCOPE OF PROJECT.—Section 149(a) of 
the Surface Transportation and Uniform Relocation Assistance 
Act of 1987 (101 Stat. 181-198) is amended in paragraph 
(47)(B)— 
(A) by inserting "and" after the semicolon at the end 
of clause (i); 
(B) by striking "; and" at the end of clause (ii) and 
inserting a period; and 
(C) by striking clause (iii). 
(2) APPLICABILITY OF OBLIGATION LIMITATION.—^Notwith-
standing any other provision of law, the project described in 
section 149(a)(47)(B) of such Act shall be subject to any limita-
tion on obligations for Federal-aid highway and highway safety 
construction programs. 
(m) AMENDMENTS TO SURFACE TRANSPORTATION ASSISTANCE 
ACT OF 1982.—Section 146 of the Surface Transportation Assistance 
Act of 1982 (96 Stat. 2130), relating to lane restrictions, is repealed. 
(n) SUBSTITUTE PROJECT.—Section 1045 of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (105 Stat. 1994) is amend-
ed in subsection (a)— 
t''\\^^'-ff^A^H 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 193 
(1) by striking "(a) APPROVAL OF PROJECT.—Notwithstand-
ing" and inserting the following: 
"(a) APPROVAL OF PROJECT.— 
"(1) Notwithstanding"; and 
(2) by adding at the end the following new paragraph: 
"(2) Notwithstanding paragraph (1) and subsection (c) of 
this section, upon the request of the Governor of the State 
of Wisconsin, submitted by October 1, 2000, the Secretary shall 
approve one or more substitute projects in lieu of the substitute 
project approved by the Secretary under paragraph (1) and 
subsection (c) of this section.". 
SEC. 1212. MISCELLANEOUS. 
(a) STATE TRANSPORTATION DEPARTMENT.— 
(1) IN GENERAL.—Section 302 of title 23, United States 
Code, is amended— 
(A) in subsection (a) by striking the second sentence; 
and 
(B) by striking subsection (b) and inserting the follow-
ing: 
"(b) EFFECT OF COMPLIANCE.—Compliance with subsection (a) 
shall have no effect on the eligibility of costs.". 
(2) CHANGE IN TERM DEFINED.— 
(A) IN GENERAL.—Title 23, United States Code, is 
amended^ 
(i) by striking "State highway department" each 
23 USC 102 et 
place it appears and inserting "State transportation seq. 
department"; and 
(ii) by striking "State highway departments" each 
23 USC 104 et 
place it appears and inserting "State transportation sgg. 
departments". 
(B) CONFORMING AMENDMENTS.— 
(i) The analysis for chapter 3 of title 23, United 
States Code, is amended in the item relating to section 
302 by striking "highway" and inserting "transpor-
tation". 
(ii) Section 302 of title 23, United States Code, 
is amended in the section heading by striking "high-
way" and inserting "transportation". 
(iii) Section 201(b) of the Appalachian Regional 
Development Act of 1965 (40 U.S.C. App.) is amended 
in the second sentence by striking "State highway 
department" 
and 
inserting 
"State 
transportation 
department". 
(iv) Section 138(c) of the Surface Transportation 
Assistance Act of 1978 (40 U.S.C. App. (note to section 
201 of the Appalachian Regional Development Act of 
1965); 92 Stat. 2710) is amended in the first sentence— 
(I) by striking "Federal-aid primary system" 
and inserting "National Highway System"; and 
(II) by striking "State highway department" 
and inserting "State transportation department". 
(b) INFRASTRUCTURE AWARENESS PROGRAM.— 
(1) IN GENERAL.—^The Secretary is authorized to fund the 
production, in cooperation with a not-for-profit national public 
television station and the National Academy of Engineering, 
of a documentary about infrastructure that shall demonstrate 
112 STAT. 194 
PUBLIC LAW 105-178^JUNE 9, 1998 
Colorado. 
Louisiana. 
New Hampshire. 
Maine. 
how public works and infrastructure projects stimulate job 
growth and the economy and contribute to the general welfare 
of the Nation. 
(2) FEDERAL SHARE.— 
(A) IN GENERAL.—The Federal share of the cost of 
production of the documentary shall be 60 percent. The 
non-Federal share shall be provided from private sources 
and shall include amounts expended by such sources for 
the production before the date of enactment of this Act. 
(B) CALCULATION.—^The calculation of the Federal and 
non-Federal shares under this paragraph shall be made 
over the term for which sums are authorized to be appro-
priated under paragraph (3). 
(3) FUNDING.—^There is authorized to be appropriated out 
of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this subsection $888,000 for fiscal year 
1998, and $1,000,000 for each of fiscal years 1999 and 2000. 
Such funds shall remain available until expended. 
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this 
paragraph 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 Federal share of the 
cost of any project under this subsection and the availability 
of funds authorized by this subsection shall be determined 
in accordance with this subsection. 
(c) MASS TRANSPORTATION BUSES.—Section 1023(h)(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 
127 note) is amended by striking "the date on which" and all 
that follows through "1995" and inserting "October 1, 2003". 
(d) VEHICLE WEIGHT LIMITATIONS. 
(1) IN GENERAL.—Section 127(a) of title 23, United States 
Code, is amended— 
(A) by inserting before the next to the last sentence 
the following: "With respect to the State of Colorado, 
vehicles designed to carry 2 or more precast concrete panels 
shall be considered a nondivisible load."; and 
(B) 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 
season, not to exceed 100 days annually. With respect 
to Interstate Route 95 in the State of New Hampshire, 
State laws (including regulations) concerning vehicle 
weight limitations that were in effect on January 1, 1987, 
and are applicable to State highways other than the Inter-
state System, shall be applicable in lieu of the requirements 
of this subsection. 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 ter-
minus of the Maine Turnpike to the New Hampshire State 
line, laws (including regulations) of the State of Maine 
concerning vehicle weight limitations that were in effect 
on October 1, 1995, and are applicable to State highways 
other than the Interstate System, shall be applicable in 
lieu of the requirements of this subsection.". 
(2) STUDIES.— 
(A) COLORADO.— 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 195 
(i) IN GENERAL.—In consultation with the Sec-
retary, the State of Colorado shall conduct a study 
analyzing the economic, safety, and 
infrastructure 
impacts of the exemption provided by the amendment 
made by paragraph (1)(A), including the impact of 
not having such an exemption. In preparing the study, 
the State shall provide adequate opportunity for public 
comment, 
(ii) FUNDING.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) $200,000 for fiscal year 1999 
to carry out the study. 
(B) LOUISIANA.— 
(i) IN GENERAL.—In consultation with the Sec-
retary, the State of Louisiana shall conduct a study 
analyzing the economic, safety, and 
infrastructure 
impacts of the exemption provided by the amendment 
made by paragraph (1)(B), including the impact of 
not having such an exemption. In preparing the study, 
the State shall provide adequate opportunity for public 
comment. 
(ii) FUNDING.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) $200,000 for fiscal year 1999 
to carry out the study. 
(C) MAINE.— 
(i) IN GENERAL.—In consultation with the Sec-
retary, the State of Maine shall conduct a study analyz-
ing the economic, safety, and infrastructure impacts 
of the exemption provided by the amendment made 
by paragraph (1)(B), including the impact of not having 
such an exemption. In preparing the study, the State 
shall provide adequate opportunity for public comment. 
(ii) FUNDING.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) $200,000 for fiscal year 1999 
to carry out the study. 
(D) NEW HAMPSHIRE.— 
(i) IN GENERAL.—In consultation with the Sec-
retary, the State of New Hampshire shall conduct a 
study analyzing the economic, safety, and infrastruc-
ture impacts of the exemption provided by the amend-
ment made by paragraph (1)(B), including the impact 
of not having such an exemption. In preparing the 
study, the State shall provide adequate opportunity 
for public comment. 
(ii) FUNDING.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) $200,000 for fiscal year 1999 
to carry out the study. 
(E) APPLICABILITY OF TITLE 23, UNITED STATES CODE.— 
Funds authorized by this paragraph shall be available for 
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code; 
except that such funds shall remain available until 
expended. 
(k) DRIVER TRAINING AND SAFETY CENTER.— 
112 STAT. 196 
PUBLIC LAW 105-178-^UNE 9, 1998 
Pennsylvania. 
(1) IN GENERAL.—^The Secretary shall make grants to estab-
lish a driver training and safety center at Connellsville, 
Pennsylvania. 
(2) PURPOSE.—^The purpose of the facility shall be to train 
and enhance the driving skills of motor vehicle and emergency 
vehicle operators. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this section 
$2,500,000 for each of fiscal years 1999 through 2001. 
(4) APPLICABILITY OF TITLE 23.—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 funds shall remain 
available until expended. 
(1) OHIO RIVER WELCOME CENTER.— 
West Virginia. 
(1) IN GENERAL.—^The Secretary shall make grants to estab-
lish a welcome center in Point Pleasant, West Virginia. 
(2) ACCESS.—^The center shall be accessible by motor 
vehicle, bicycle, pedestrian walkway, and river transportation. 
(3) FACILITIES.—^The center shall include a comfort station, 
picnic and sitting plaza, a small amphitheater, a deep river 
port, a marina, and a walking trail. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this section 
$412 900 for fiscal year 1999, $1,362,500 for fiscal year 2000, 
and $699,500 for fiscal year 2001. 
(5) APPLICABILITY OF TITLE 23.—^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 Federal share of the 
cost of activities carried out using the funds shall be 50 percent 
and the funds shall remain available until expended. 
(m) PROJECT FLEXIBILITY FOR MINNESOTA.—Notwithstanding 
any other provision of law, funds allocated for a project in the 
State of Minnesota under section 117 of title 23, United States 
Code, may be obligated for any other project in the State for 
which funds are so allocated; except that the total amount of funds 
authorized for any project for which funds are so allocated shall 
not be reduced. 
(n) BALTIMORE WASHINGTON PARKWAY.—Notwithstanding any 
other provision of law, the Federal share of the cost of a project 
for which funds are allocated under section 117 of title 23, United 
States Code, for renovation and construction of the Baltimore 
Washington Parkway in Prince Georges County, Maryland, shall 
be 100 percent. 
23 u s e 402 note. 
(o) BiCYCLE AND PEDESTRIAN SAFETY GRANTS.— 
(1) IN GENERAL.—^The Secretary shall make grants to a 
national, not-for-profit 
organization engaged in promoting 
bicycle and pedestrian safety— 
(A) to operate a national bicycle and pedestrian 
clearinghouse; 
(B) to develop information and educational programs; 
and 
(C) to disseminate techniques and strategies for 
improving bicycle and pedestrian safety. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 197 
(D) 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 $500,000 for each of fiscal years 1998 
through 2003. 
(E) APPLICABILITY OF TITLE 23.—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 funds 
shall remain available until expended. 
(p) HEAVY EQUIPMENT OPERATOR TRAINING FACILITY.— 
(1) ESTABLISHMENT.—^The Secretary shall establish a heavy 
equipment operator training facility in Hibbing, Minnesota. 
The purpose of the facility shall be to develop an appropriate 
curriculum for training, and to train operators and future opera-
tors of heavy equipment in the safe use of such equipment. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each of fiscal 
years 1998 and 1999 to carry out this subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out 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 
Federal share of the cost of establishment of the facility under 
this subsection shall be 80 percent and such funds shall remain 
available until expended. 
(q) 
MOTOR 
CARRIER 
OPERATOR 
VEHICLE 
AND TRAINING 
FACILITY.— 
(1) ESTABLISHMENT.—^The Secretary shall make grants to Pennsylvania, 
the Commonwealth of Pennsylvania to establish and operate 
an advanced tractor trailer safety and operator training facility 
in Chambersburg, Pennsylvania. The purpose of the facility 
shall be to develop and coordinate an advance curriculum for 
the training of operators and future operators of tractor trailers. 
The facility shall conduct training on the test track at 
Letterkenny Army Depot and the unused segment of the 
Pennsylvania Turnpike located in Bedford County, Pennsyl-
vania. The facility shall be operated by a not-for-profit entity 
and, when Federal assistance is no longer being provided with 
respect to the facility, shall be privately operated. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each of fiscal 
years 1998 through 2003 to carry out this subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out 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 such 
funds shall remain available until expended and the Federal 
share of the cost of establishment and operation of the facility 
under this subsection shall be 80 percent. 
(r) HIGH PRIORITY LAS VEGAS INTERMODAL CENTER.— 
(1) IN GENERAL.—The Secretary shall provide $2,000,000 
for fiscal year 1999 and $2,500,000 for fiscal year 2000 for 
the High Priority Las Vegas Intermodal Center in Las Vegas, 
Nevada. 
112 STAT. 198 
PUBLIC LAW 105-178-JUNE 9, 1998 
Effective date. 
92 Stat. 1650. 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(s) SEISMIC DESIGN.— 
(1) IN GENERAL.—^The Secretary shall provide— 
(A) $8,000,000 for fiscal year 1999 for seismic design 
and engineering of the Mississippi/Arkansas Great River 
Bridge; 
(B) $8,000,000 for fiscal year 1999 to the State of 
Missouri for seismic design and deployment; and 
(C) $7,000,000 for fiscal year 1999 to the State of 
Arkansas for seismic design and deployment. 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(t) BiLOXi HARBOR, MISSISSIPPI.—The portion of the project 
for navigation, Biloxi Harbor, Mississippi, authorized by the River 
and Harbor Act of 1960 (74 Stat. 481), for the Bernard Bayou 
Channel beginning near the Air Force Oil Terminal at approxi-
mately navigation mile 2.6 and extending downstream to the North-
South ^2 of Section 30, Township 7 South, Range 10 West, Harrison 
County, Mississippi, just west of Kremer Boat Yards, is not author-
ized after the date of enactment of this Act. 
(u) CLARIFICATION.—Notwithstanding any other provision of 
law, the Commonwealth of Pennsylvania is authorized to proceed 
with engineering, final design, and construction of Corridor O of 
the Appalachian development highway system between Bald Eagle 
and Interstate Route 80. All records of decision relating to Corridor 
O issued prior to the date of enactment of this Act shall remain 
in effect. 
(v) BOUNDARY WATERS CANOE AREA.—Effective January 1, 
1999, section 4 of the Act of October 21, 1978 (Public Law 95-
495) is amended— 
(1) by striking subsection (g) and inserting the following: 
"(g) Nothing in this Act shall be construed to prevent the 
operation of motorized vehicles to transport boats across the por-
tages between the Moose Lake Chain and Basswood Lake, Min-
nesota, and between Vermilion Lake and Trout Lake, Minnesota."; 
and 
(2) in subsection (c)(2) by striking "; Alder, Cook County; 
Canoe, Cook County". 
(w) MISCELLANEOUS PROJECTS.— 
(1) REPLACEMENT OF ROSLYN VIADUCT.— 
(A) PROJECT.—^The Secretary is authorized to carry 
out a project for replacement of a segment of the Roslyn 
elevated highway (NY25A) on Long Island, New York. 
(B) AUTHORIZATION.—^There is authorized to be appro-
priated to carry out this paragraph $51,000,000 for fiscal 
years beginning after September 30, 1998. Such sums shall 
remain available until expended. 
(2) DESIGN AND ENGINEERING FOR MILLER HIGHWAY.— 
(A) PROJECT.—^The Secretary is authorized to carry 
out a project for design and engineering of the Miller 
Highway on the west side of Manhattan, New York. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 199 
(B) AUTHORIZATION.—^There is authorized to be appro-
priated to carry out this paragraph $15,000,000 for fiscal 
years beginning after September 30, 1998. Such sums shall 
remain available until expended. 
(3) WiLLIAMSVILLE TOLL BARRIER.— 
(A) PROJECT.—^The Secretary is authorized to carry 
out a project to relocate a toll barrier complex to relieve 
traffic congestion in the Buffalo, New York, area. 
(B) AUTHORIZATION.—^There is authorized to be appro-
priated to carry out this paragraph $20,000,000 for fiscal 
years beginning after September 30, 1998. Such sums shall 
remain available until expended. 
(x) ST. GEORGES, DELAWARE.—^The Secretary of the Army shall 
transfer all right, title, and interest of the United States in the 
highway bridge on United States Route 13 in the vicinity of St. 
Georges, Delaware, to the State of Delaware if the transfer is 
necessary to facilitate retransfer to a private entity for the purpose 
of demonstrating the effectiveness and efficiency of the use of large-
scale composites technology for bridge rehabilitation. In evaluating 
the level of service for all Federal crossings over the Chesapeake 
and Delaware Canal in Delaware, the total vehicle trips per day 
on this transferred bridge shall be attributed to the remaining 
Federal crossing at St. Georges, Delaware (the SRI Bridge). If 
the transfer is completed within 180 days after the date of enact-
ment of this Act, the Secretary shall provide $10,000,000 to the 
State for the State to use in rehabilitating the bridge. 
(y) MOUNT PARAN INTERCHANGE PROJECT FOR INTERSTATE 
ROUTE 75.—^Notwithstanding any other provision of law, none of 
the funds made available under this Act or title 23, United States 
Code, shall be used to carry out a project to construct or improve 
the Mount Paran interchange on Interstate Route 75 in Georgia 
unless the Atlanta Regional Commission approves the project after 
the date of enactment of this Act. 
(z) NITTANY PARKWAY.—^The Secretary shall designate 31 miles Pennsylvania. 
of Pennsylvania State Route 26 between Huntingdon, Pennsylvania, 
and State College, Pennsylvania, as the Nittany Parkway. 
SEC. 1213. STUDIES AND REPORTS. 
(a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.— 
23 use 101 note. 
(1) METHODOLOGY.— 
.^ 
(A) EVALUATION.—^The Comptroller General of the 
United States shall conduct an evaluation of the methodol-
ogy used by the Department of Transportation to determine 
highway needs using the highway economic requirement 
system (in this subsection referred to as the "model"). 
(B) REQUIRED ELEMENT.—^The evaluation shall include 
an assessment of the extent to which the model estimates 
an optimal level of highway infrastructure investment, 
including an assessment as to when the model may be 
. overestimating or underestimating investment require-
ments. 
(C) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of this Act, the Comptroller General 
shall submit to Congress a report on the results of the 
evaluation. 
(2) STATE INVESTMENT PLANS.— 
66-194 O - 98 - 8: QL 3 Part 1 
112 STAT. 200 
PUBLIC LAW 105-178-^UNE 9, 1998 
(A) STUDY.—In consultation with State transportation 
departments and other appropriate State and local officials, 
the Comptroller Greneral of the United States shall conduct 
a study on the extent to which the model can be used 
to provide States with useful information for developing 
State transportation investment plans and State infrastruc-
ture investment projections. 
(B) REQUIRED ELEMENTS.—^The study shall— 
(i) identify any additional data that may need to 
be collected beyond the data submitted, before the 
date of enactment of this Act, to the Federal Highway 
Administration through the highway performance mon-
itoring system; and 
(ii) identify what additional work, if any, would 
be required of the Federal Highway Administration 
and the States to make the model useful at the State 
level. 
(C) REPORT TO CONGRESS.—^Not later than 3 years after 
the date of enactment of this Act, the Comptroller General 
shall submit to Congress a report on the results of the 
study. 
23 use 109 note. 
(b) INTERNATIONAL ROUGHNESS INDEX.— 
(1) STUDY.—^The Comptroller General of the United States 
shall conduct a study on the international roughness index 
that is used as an indicator of pavement quality on the Federal-
aid highway system. 
(2) REQUIRED ELEMENTS.—^The study shall specify the 
extent of usage of the index and the extent to which the 
international roughness index measurement is reliable across 
different manufacturers and types of pavement. 
(3) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of this Act, the Comptroller General 
shall submit to Congress a report on the results of the study. 
23 use 401 note. 
(c) USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AlD HIGH-
WAY CONSTRUCTION P R O J E C T S . — 
(1) STUDY.—In consultation with the States, State transpor-
tation departments, and law enforcement organizations, the 
Secretary shall conduct a study on the extent and effectiveness 
of use by States of uniformed police officers on Federal-aid 
highway construction projects. 
(2) REPORT.—^Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to Congress a 
report on the results of the study, including any legislative 
and administrative recommendations of the Secretary. 
23 use 101 note. 
(d) SOUTHWEST BORDER TRANSPORTATION 
INFRASTRUCTURE.— 
(1) ASSESSMENT.—^The Secretary shall conduct a com-
prehensive assessment of the state of the transportation infra-
structure on the southwest border between the United States 
and Mexico (in this subsection referred to as the "border"). 
(2) CONSULTATION.—In carrying out the assessment, the 
Secretary shall consult with— 
(A) the Secretary of State; 
(B) the Attorney General; 
(C) the Secretary of the Treasury; 
(D) the Commandant of the Coast Guard; 
(E) the Administrator of General Services; 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 201 
(F) the American Commissioner on the International 
Boundary Commission, United States and Mexico; 
(G) State agencies responsible for transportation and 
law enforcement in border States; and 
(H) municipal governments and transportation authori-
ties in sister cities in the border area. 
(3) REQUIREMENTS.—In carrying out the assessment, the 
Secretary shall— 
(A) assess the flow of commercial and private traffic 
through designated ports of entry on the border; 
(B) assess the adequacy of transportation infrastruc-
ture in the border area, including highways, bridges, rail-
way lines, and border inspection facilities; 
(C) assess the adequacy of law enforcement and narcot-
ics abatement activities in the border area, as the activities 
relate to commercial and private traffic and infrastructure; 
(D) assess future demands on transportation infra-
structure in the border area; and 
(E) make recommendations to facilitate legitimate 
cross-border traffic in the border area, while maintaining 
the integrity of the border. 
(4) REPORT.—^Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to Congress a 
report on the assessment conducted under this subsection, 
including any related legislative and administrative rec-
ommendations. 
(e) STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIV- 23 use 123 note. 
ERY.— 
(1) STUDY.—^The Comptroller General shall conduct a study 
to assess the impact that a utility compan^s failure to relocate 
its facilities in a timely manner has on the delivery and cost 
of Federal-aid highway and bridge projects. The study shall 
also assess the following: 
(A) Methods States use to mitigate such delays, includ-
ing the use of the courts to compel cooperation. 
(B) The prevalence and use of incentives to utility 
companies for early completion of utility 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 transpor-
tation contractors for business costs incurred by the con-
tractors when Federal-aid highway and bridge projects 
under contract to them are delayed by utility-company-
caused delays in utility relocations and any methods used 
by States in making any such compensation. 
(2) REPORT.—^Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General shall transmit to 
Congress a report on the results of the study with any rec-
ommendations the Comptroller Greneral determines appropriate 
as a result of the study. 
(f) SPECIALIZED HAULING VEHICLES.— 
23 use 127 note. 
112 STAT. 202 
PUBLIC LAW 105-178-JUNE 9, 1998 
(1) STUDY.—^The Secretary shall conduct a study to examine 
the impact of the truck weight standards on specialized hauling 
vehicles. The study shall include, at a minimum, an analysis 
of the economic, safety, and infrastructure impacts of the stand-
ards. 
(2) REPORT.—^Not later than 2 years after the date of enact-
ment 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. 
23 u s e 131 note. 
(g) STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING.— 
(1) STUDY.—^The Secretary shall conduct a study to deter-
mine the practices in the States for specific service food signs 
described in sections 2G-5.7 and 2G-5.8 of the Manual on 
Uniform Traffic Control Devices for Streets and Highways. 
The study shall examine, at a minimum— 
(A) the practices of all States for 
determining 
businesses eligible for inclusion on such signs; 
(B) whether States allow businesses to be removed 
from such signs and the circumstances for such removal; 
(C) the practices of all States for erecting and maintain-
ing such signs, including the time required for erecting 
such signs; and 
(D) whether States contract out the erection and 
maintenance of such signs. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study, including any recommenda-
tions and, if appropriate, modifications to the Manual. 
23 u s e 127 note. 
(h) VEHICLE WEIGHT ENFORCEMENT.— 
(1) STUDY.—^The Secretary shall conduct a study of State 
laws (including regulations) relating to penalties for violation 
of State commercial motor vehicle weight laws. 
(2) PURPOSE.—^The purpose of the study shall be to deter-
mine the effectiveness of State penalties as a deterrent to 
illegally overweight trucking operations. The study shall evalu-
ate fine structures, innovative roadside enforcement techniques, 
and a State's ability to penalize shippers and carriers as well 
as drivers and shall examine the effectiveness of administrative 
and judicial procedures utilized to enforce vehicle weight laws. 
(3) REPORT.—^Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study with any legislative rec-
ommendations of the Secretary. 
23 u s e 127 note. 
(i) COMMERCIAL MOTOR VEHICLE STUDY.— 
(1) IN GENERAL.—^The Secretary shall request the Transpor-
tation Research Board of the National Academy of Sciences 
to conduct a study regarding the regulation of weights, lengths, 
and widths of commercial motor vehicles operating on Federal-
aid highways to which Federal regulations apply on the date 
of enactment of this Act. In conducting the study, the Board 
shall review law, regulations, studies (including Transportation 
Research Board Special Report 225), and practices and develop 
recommendations regarding any revisions to law and regula-
tions that the Board determines appropriate. 
(2) FACTORS TO CONSIDER AND EVALUATE.—In developing 
recommendations under paragraph (1), the Board shall consider 
and evaluate the impact of the recommendations described 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 203 
in paragraph (1) on the economy, the environment, safety, 
and service to communities. 
(3) CONSULTATION.—In carrying out the study, the Board 
shall consult with the Department of Transportation, States, 
the motor carrier industry, freight shippers, highway safety 
groups, air quality and natural resource management groups, 
commercial motor vehicle driver representatives, and other 
appropriate entities. 
(4) REPORT.—^Not later than 2 years after the date of enact-
ment of this Act, the Board shall transmit to Congress and 
the Secretary a report on the results of the study conducted 
under this subsection. 
(5) RECOMMENDATIONS.—^Not later than 180 days after the 
date of receipt of the report under paragraph (4), the Secretary 
may transmit to Congress a report containing comments or 
recommendations of the Secretary regarding the Board's report. 
(6) FUNDING.—^There is authorized to be appropriated out 
of the Highway Trust Fund (other than the Mass Transit 
Account) $250,000 for each of fiscal years 1999 and 2000 to 
carry out this subsection. 
(7) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out 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 
5 
Federal share of the cost of the study under this subsection 
shall be 100 percent and such funds shall remain available 
until expended. 
(j) TRAFFIC ANALYSIS.— 
(1) IN GENERAL.—^The Secretary shall enter into an agree- Contracts. 
ment with the State of Oklahoma to carry out a traffic analysis Oklahoma, 
to determine the feasibility of a trade processing center in 
McClain County, Oklahoma. 
(2) AUTHORIZATION.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this subsection $1,000,000 for 
fiscal year 1999. 
(3) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(k) 
STUDY OF INTERSTATE HIGH SPEED GROUND TRANSPOR-
TATION.— 
(1) STUDY.—^The Secretary shall conduct a study to assess 
the feasibility of providing high speed rail passenger service 
from Atlanta, Georgia, to Charleston, South Carolina. The study 
shall also assess the potential impact of rail service on the 
tourism industry. 
(2) REPORT.—^Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall transmit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and to the Committee on Environment and Public 
Works of the Senate a report on the results of the study, 
together with any recommendations the Secretary determines 
appropriate as a result of the study. 
112 STAT. 204 
PUBLIC LAW 105-178-JUNE 9, 1998 
SEC. 1214. FEDERAL ACTIVITIES. 
District of 
(a) ACCESS TO JOHN F. KENNEDY CENTER FOR THE PERFORMING 
Columbia. 
ARTS.— 
20 use 76j note. 
(i) STUDY.—The Secretary, in cooperation with the District 
of Columbia, the John F. Kennedy Center for the Performing 
Arts, and the Department of the Interior and in consultation 
with other interested persons, shall conduct a study of methods 
to improve pedestrian and vehicular access to the John F. 
Kennedy Center for the Performing Arts. 
(2) REPORT.—Not later than September 30, 1999, the Sec-
retary shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Commit-
tee on Environment and Public Works of the Senate a report 
containing the results of the study with an assessment of 
the impacts (including environmental, aesthetic, economic, and 
historical impacts) associated with the implementation of each 
of the methods examined under the study. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subsection 
$500,000 for fiscal year 1998. 
(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 appor-
tioned under chapter 1 of title 23, United States Code; except 
that the Federal share of the cost of activities conducted using 
such funds shall be 100 percent and such funds shall remain 
available until expended. 
20 u s e 50 note. 
(b) SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM.— 
(1) IN GENERAL.—^The Secretary shall allocate amounts 
made available by this subsection for obligation at the discretion 
of the Secretary of the Smithsonian Institution, in consultation 
with the Secretary, to carry out projects and activities described 
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 transportation-
related artifacts; and 
(D) to support research programs within the Smithso-
nian Institution that document the history and evolution 
of transportation, in cooperation with other museums in 
the United States. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) $1,000,000 for each of fiscal 
years 1998 through 2003 to carry out this subsection. 
(4) APPLICABILITY OF TITLE 23.—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 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. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 205 
460m-29a note. 
(c) NEW RIVER VISITOR CENTER.— 
West Virginia. 
(1) IN GENERAL.—^The Secretary shall allocate to the Sec- J^^^^^, 
retary of the Interior amounts made available by this subsection 
for the planning, design, and construction of a visitor center, 
and such other related facilities as may be necessary, to facili-
tate visitor understanding and enjoyment of the scenic, historic, 
cultural, and recreational resources of the New River Grorge 
National River 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 1-64 Sandstone 
intersection. 
(2) AUTHORIZATION OF APPROPRIATIONS.—-There are author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subsection 
$1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 1999, 
and $9,900,000 for fiscal year 2000. 
(3) APPLICABILITY OF TITLE 23.—^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 such funds shall remain 
available until expended. 
(d) ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR 
23 use 202 note. 
STATES WITH INDIAN RESERVATIONS.— 
(1) AVAILABILITY TO STATES.—^Not later than October 1 
of each fiscal year, funds made available under paragraph 
(5) for the fiscal year shall be made available by the Secretary, 
in equal amounts, to each State that has within the boundaries 
of the State all or part of an Indian reservation having a 
land area of 10,000,000 acres or more. 
(2) AVAILABILITY TO ELIGIBLE COUNTIES.— 
(A) IN GENERAL.—Each fiscal year, each county that 
is located in a State to which funds are made available 
under paragraph (1), and that has in the county a public 
road described in subparagraph (B), shall be eligible to 
apply to the State for all or a portion of the funds made 
available to the State under this subsection to be used 
by the county to maintain such roads. 
(B) ROADS.—A public road referred to in subparagraph 
(A) is a public road that— 
(i) is within, adjacent to, or provides access to 
an Indian reservation described in paragraph (1); 
(ii) is used by a school bus to transport children 
to or from a school or Headstart program carried out 
under the Head Start Act (42 U.S.C. 9831 et seq.); 
and 
(iii) is maintained by the county in which the 
public road is located. 
(C) ALLOCATION AMONG ELIGIBLE COUNTIES.— 
(i) IN GENERAL.—^Except as provided in clause (ii), 
each State that receives funds under paragraph (1) 
shall provide directly to each county that applies for 
funds the amount that the county requests in the 
application. 
(ii) ALLOCATION AMONG ELIGIBLE COUNTIES.—If the 
total amount of funds applied for under this subsection 
by eligible counties in a State exceeds the amount 
of funds available to the State, the State shall equitably 
112 STAT. 206 
PUBLIC LAW 105-178—JUNE 9, 1998 
allocate the funds among the eligible counties that 
apply for funds. 
(3) SUPPLEMENTARY FUNDING.—For each fiscal year, the 
Secretary shall ensure that funding made available under this 
subsection supplements (and does not supplant)— 
(A) any obligation of funds by the Bureau of Indian 
Affairs for road maintenance programs on Indian reserva-
tions; and 
(B) any funding provided by a State to a county for 
road maintenance programs in the county. 
(4) USE OF UNALLOCATED FUNDS.—Any portion of the funds 
made available to a State under this subsection that is not 
made available to counties within 1 year after the funds are 
made available to the State shall be apportioned among the 
States in accordance with section 104(D) of title 23, United 
States Code. 
(5) FUNDING.— 
(A) IN GENERAL.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this subsection 
$1,500,000 for each of fiscal years 1998 through 2003. 
(B) CONTRACT AUTHORITY.—^Funds authorized by this 
subsection shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 
1 of title 23, United States Code. 
(e) 
NATIONAL 
DEFENSE 
HIGHWAYS 
OUTSIDE 
THE 
UNITED 
STATES.— 
(1) RECONSTRUCTION PROJECTS.—If the Secretary deter-
mines, after consultation with the Secretary of Defense, that 
a highway, or a portion of a highway, located outside the 
United States is important to the national defense, the Sec-
retary may carry out a project for reconstruction of the highway 
or portion of highway. 
(2) FUNDING.— 
(A) IN GENERAL.—For each of fiscal years 1998 through 
2002, the Secretary may set aside not to exceed $18,800,000 
from amounts to be apportioned under section 104(b)(4) 
of title 23, United States Code, to carry out this section. 
(B) 
AVAILABILITY.—Funds 
made 
available 
under 
subparagraph (1) shall remain available until expended. 
16 use 668dd 
(f) SACHUEST POINT NATIONAL WILDLIFE REFUGE.— 
note. 
(1) IN GENERAL.—The Secretary shall provide $200,000 for 
fiscal year 1999 to the United States Fish and Wildlife Service 
to resurface the entrance road to Sachuest Point National Wild-
life Refuge. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $200,000 for fiscal year 1999. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
16USC668dd 
(g) RUNWAY REMOVAL AT NiNIGRET NATIONAL WILDLIFE R E F -
note. 
uGE.— 
(1) IN GENERAL.—The Secretary shall provide $300,000 for 
fiscal year 1999 to the United States Fish and Wildlife Service 
to remove asphalt runways at Ninigret National Wildlife Refuge 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 207 
UGE. 
and $5,000,000 shall be available to the State of Rhode Island 
for improvements to the T.F. Green Intermodal Facility in 
Rhode Island for each of fiscal years 1999 through 2003. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $5,300,000 for fiscal year 1999 
and $5,000,000 for each of fiscal years 2000 through 2003. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the fimds were apportioned under chapter 1 of title 23, 
United States Code. 
(h) MIDDLETOWN VISITOR CENTER.— 
(1) IN GENERAL.—^The Secretary shall provide $500,000 for 
fiscal year 1999 to the United States Fish and Wildlife Service 
for the Middletown visitor center at Sachuest Point National 
Wildlife Refuge. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $500,000 for fiscal year 1999. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(i) ENTRANCE PAVING AT NINIGRET NATIONAL WILDLIFE REF-
(1) IN GENERAL.—^The Secretary shall provide $750,000 for 
fiscal year 1999 to the United States Fish and Wildlife Service 
to pave the entrance road to the Ninigret National Wildlife 
Refuge. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $750,000 for fiscal year 1999. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(j) EDUCATION CENTER.— 
(1) IN GENERAL.—The Secretary shall provide $1,000,000 
for each of fiscal years 1999 through 2003 to the United States 
Fish and Wildlife Service for the education visitor center at 
the Rhode Island National Wildlife Refuge complex. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $1,000,000 for each of fiscal years 
1999 through 2003. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(k) RICHMOND NATIONAL BATTLEFIELD PARK.— 
(1) IN GENERAL.—The Secretary shall provide $1,000,000 
for fiscal year 1999 to the National Park Service to revitalize 
the Tredegar Iron Works to serve as a visitor center for Rich-
mond National Battlefield Park. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $1,000,000 for fiscal year 1999. 
16 use 668dd 
note. 
16 use 668dd 
note. 
16 use eesdd 
note. 
112 STAT. 208 
PUBLIC LAW 105-178^JUNE 9, 1998 
(3) CONTRACT AUTHORITY.—^Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(1) ACCESS TO CORPS OF ENGINEERS.— 
(1) IN GENERAL.—The Secretary shall provide $800,000 for 
each oif fiscal years 1999 through 2003 to the Corps of Engineers 
to be made available to the State of Missouri for resurfacing 
and maintenance of city and county roads that provide access 
to Corps of Engineers reservoirs. 
(2) FUNDING,—^There is authorized to be appropriated from 
the Highway Trust Fund (othfer than the Mass Transit Account) 
to carry out this subsection $800,000 for each of fiscal years 
1999 through 2003. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(m) CIVIL WAR BATTLEFIELD PLAN.— 
(1) IN GENERAL.—The Secretary shall provide $250,000 for 
each of fiscal years 1999 and 2000 to the Department of the 
Interior to be made available to the Shenandoah Valley Battle-
field National Historic District Commission for developing a 
plan for the interpretation and protection of 10 Civil War 
battlefields in the Shenandoah Valley. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this subsection $250,000 for each of fiscal years 
1999 and 2000. 
(3) CONTRACT AUTHORITY.—Funds authorized by this sub-
section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
(n) DOT HEADQUARTERS FACILITY.—Before taking any action 
that leads to Grovernment ownership of the Department of Transpor-
tation headquarters facility, through construction or purchase, the 
Administrator of General Services shall first seek approval of the 
Committee on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure of the House 
of Representatives. 
(o) FORT PECK, MONTANA.— 
(1) FORT PECK, MONTANA, VISITORS CENTER.—^The Secretary 
shall provide funds for the environmental review, planning, 
design, and construction of a historical and cultural visitors 
center and museum at Fort Peck, Montana. 
(2) FUNDING.—^There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
$3,000,000 for each of fiscal years 1999 and 2000. 
(3) 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 appor-
tioned under chapter 1 of title 23, United States Code; except 
that such funds shall remain available until expended. 
(p) BRIDGES ON NATCHEZ TRACE PARKWAY, MISSISSIPPI.— 
(1) IN GENERAL.—The Secretary shall allocate to the State 
of Mississippi amounts available by this subsection to be used 
for replacement and widening of the box bridges on the Natchez 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 209 
Trace Parkway at Old Canton Road and at Rice Road in Madi-
son County, Mississippi. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subsection 
$5,000,000 for fiscal year 1999. 
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this 
subsection shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code, except that the funds shall remain avail-
able until expended. 
(q) LoLo PASS VISITOR CENTER.— 
Idaho. 
(1) GRANTS.—^The Secretary shall make grants for the Lolo 
Pass Visitor Center in the State of Idaho. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subsection 
$2,943,000 for fiscal year 1999. 
(3) APPLICABILITY OF TITLE 23.—^Funds authorized by this 
subsection shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code, except that the funds shall remain avail-
able until expended. 
(r) PUERTO RICO HIGHWAY PROGRAM.— 
(1) IN GENERAL.—^The Secretary shall allocate funds author-
ized by section 1101(a)(15) for each of fiscal years 1998 through 
2003 to the Commonwealth of Puerto Rico to carry out a high-
way program in such Commonwealth. 
(2) APPLICABILITY OF TITLE 23.—Amounts made available 
by section 1101(a)(15) of this Act 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. Such amounts 
shall be subject to any limitation on obligations for Federal-
aid highway and highway safety construction programs. 
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVI-
TIES. 
(a) GETTYSBURG, PENNSYLVANIA.— 
(1) RESTORATION OF TRAIN STATION.—The Secretary shall 
allocate amounts made available by this subsection for the 
restoration of the Gettysburg, Pennsylvania, train station. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) $400,000 for each of fiscal 
years 1998 and 1999 to carry out this subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out 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 
Federal share of the cost of restoration of the train station 
under this subsection shall be 80 percent and such funds shall 
remain available until expended. 
(b) CENTER.— 
Minnesota. 
(1) ESTABLISHMENT.—The Secretary shall allocate funds 
made available to carry out this subsection to establish a center 
' for national scenic byways in Duluth, Minnesota, to provide 
technical communications and network support for nationally 
112 STAT. 210 
PUBLIC LAW 105-178-JUNE 9, 1998 
designated scenic byway routes in accordance with paragraph 
(2). 
(2) COMMUNICATIONS SYSTEMS.—^The center for national 
scenic byways shall develop and implement communications 
systems for the support of the national scenic byways program. 
Such communications systems shall provide local officials and 
planning groups associated with designated National Scenic 
Byways or All-American Roads with proactive, technical, and 
customized assistance through the latest technology that allows 
scenic bjnvay officials to develop and sustain their National 
Scenic Byways or All-American Roads. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subsection 
$1,500,000 for each of fiscal years 1998 through 2003. 
(4) APPLICABILITY OF TITLE 23.—Funds 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 Federal share of the 
cost of any project under this subsection shall be 100 percent 
and such funds shall remain available until expended. 
West Virginia. 
(c) COAL HERITAGE TRAIL.— 
(1) IN GENERAL.—^The Secretary shall make grants to the 
State of West Virginia for the Coal Heritage Scenic Byway 
for the purposes set forth in section 204(h) of title 23, United 
States Code. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this section 
$2,000,000 for each of fiscal years 1999 through 2001. 
(3) APPLICABILITY OF TITLE 23.—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 funds shall remain 
available until expended. 
(d) TRAFFIC CALMING MEASURES.— 
(1) IN GENERAL.—^The Secretary shall provide $5,000,000 
for fiscal year 1999 and $2,000,000 for each of fiscal years 
2000 through 2003 to implement traffic calming measures in 
Fauquier and Loudoun Counties, Virginia. 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(e) PEDESTRIAN BRIDGE.— 
(1) IN GENERAL.—^The Secretary shall provide $1,000,000 
for fiscal year 1999 for a pedestrian bridge over United States 
Route 29 at Emmet Street in Charlottesville, Virginia. 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(f) INTERPRETIVE CENTER.— 
(1) IN GENERAL.—^The Secretary shall provide $600,000 for 
fiscal year 1999 for construction of the Virginia Blue Ridge 
Parkway interpretive center located on the Roanoke River 
Gorge in Virginia. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 211 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(g) CHAIN OF ROCKS BRIDGE.— 
(1) IN GENERAL.—The Secretary shall provide $2,000,000 
for fiscal year 1999 for the renovation and preservation of 
the Missouri Route 66 Chain of Rocks Bridge. 
(2) APPLICABILITY OF TITLE 23.—Funds made available to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code. 
(h) 
NOISE 
BARRIERS, DEKALB COUNTY, GEORGIA.—Notwith-
standing any other provision of law, the Secretary shall approve 
the construction of Type II noise barriers beginning on the west 
side of Interstate Route 285 extending from NortWake Parkway 
to Henderson Mill Road in Dekalb County, Georgia, from funds 
apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United 
States Code. 
SEC. 
1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING 
METHODS. 
(a) VALUE PRICING PILOT PROGRAM.— 
(1) IN GENERAL.—Section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
105 Stat. 1938) is amended— 
(A) in the subsection heading by striking "CONGESTION" 
and inserting "VALUE"; 
(B) in paragraph (1)— 
(i) by striking "congestion" each place it appears 
and inserting "value"; and 
(ii) by striking "projects" each place it appears 
and inserting "programs"; and 
(C) in paragraph (5)— 
(i) by striking "projects" and inserting "programs"; 
and 
(ii) by striking "traffic, volume" and inserting "traf-
fic volume". 
(2) INCREASED NUMBER OF PROJECTS.—Section 1012(b)(1) 
of such Act is amended in the second sentence by striking 
"5" and inserting "15". 
(3) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—Section 
1012(b)(2) of such Act is amended in the second sentence— 
(A) by inserting after "Secretary shall fund" the follow-
ing: "all preimplementation costs and project design, and"; 
and 
(B) by inserting after "Secretary may not fund" the 
following: "the preimplementation or implementation costs 
of. 
(4) TOLLING.—Section 1012(b)(4) of such Act is amended 
by striking "a pilot program under this section, but not on 
more than 3 of such programs" and inserting "any value pricing 
pilot program under this subsection". 
(5) HOV PASSENGER REQUIREMENTS.—Section 1012(b) of 
such Act is amended by striking paragraph (6) and inserting 
the following: 
112 STAT. 212 
PUBLIC LAW 105-178-^JUNE 9, 1998 
"(6) HOV PASSENGER REQUIREMENTS.—Notwithstanding 
section 146(c) of title 23, United States Code, a State may 
permit vehicles with fewer than 2 occupants to operate in 
high occupancy vehicle lanes if the vehicles are part of a value 
pricing pilot program under this subsection.". 
(6) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Section 
23USCi49note. 
1012(b) of such Act is amended by adding at the end the 
following: 
"(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Any 
value pricing pilot program under this subsection shall include, 
if appropriate, 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 effects 
on low-income drivers.". 
(7) FUNDING.—Section 1012(b) of such Act (as amended 
by paragraph (6)) is amended by adding at the end the follow-
ing: 
"(8) FUNDING.— 
"(A) IN GENERAL.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this 
subsection 
$8,000,000 for each of fiscal years 1998 through 2003. 
"(B) AVAILABILITY.—^Funds allocated by the Secretary 
to a State under this subsection shall remain available 
for obligation by the State for a period of 3 years after 
the last day of the fiscal year for which the funds are 
authorized. 
"(C) USE OF UNALLOCATED FUNDS.—If the total amount 
of funds made available from the Highway Trust Fund 
under this subsection for Hscal year 1998 and fiscal years 
thereafter but not allocated exceeds $8,000,000 as of 
September 30 of any year, the excess amount— 
"(i) shall be apportioned in the following fiscal 
year by the Secretary to all States in accordance with 
section 104(b)(3) of title 23, United States Code; 
"(ii) shall be considered to be a sum made available 
for expenditure on the surface transportation program, 
except that the amount shall not be subject to section 
133(d) of such title; and 
"(iii) shall be available for any purpose eligible 
for funding under section 133 of such title. 
"(D) CONTRACT AUTHORITY.—Funds authorized under 
this paragraph shall be available for obligation in the same 
manner as if the funds were apportioned under chapter 
1 of title 23, United States Code; except that the Federal 
share of the cost of any project under this subsection and 
the availability of funds authorized by this paragraph shall 
be determined in accordance with this subsection.". 
23 use 129 note. 
(b) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION 
PILOT PROGRAM.— 
(1) ESTABLISHMENT.—^The Secretary shall establish and 
implement an Interstate System reconstruction and rehabilita-
tion 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 tunnel 
on the Interstate System for the purpose of reconstructing 
and rehabilitating Interstate highway corridors that could not 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 213 
otherwise be adequately maintained or functionally improved 
without the collection 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.—^To be eligible to participate in the pilot 
program, a State shall submit to the Secretary an application 
that contains, at a minimum, the following: 
(A) An identiHcation of the facility on the Interstate 
System proposed to be a toll facility, including the age, 
condition, and intensity of use of the facility. 
(B) In the case of a facility that affects a metropolitan 
area, 
an 
assurance 
that 
the 
metropolitan 
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 facil-
ity. 
(C) An analysis demonstrating that the 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 includes— 
(i) a plan for implementing the imposition of tolls 
on the facility; 
(ii) a schedule and finance plan for the reconstruc-
tion or rehabilitation of the facility using toll revenues; 
(iii) a description of the public transportation 
agency that will be responsible for implementation and 
administration of the pilot program; 
(iv) a description of whether consideration will be 
given to privatizing the maintenance and operational 
aspects of the facility, while retaining legal and 
administrative control of the portion of the Interstate 
route; and 
(v) such other information as the Secretary may 
require. 
(4) SELECTION CRITERIA.—^The Secretary may approve the 
application of a State under paragraph (3) only if the Secretary 
determines that— 
(A) the State is unable to reconstruct or rehabilitate 
the proposed toll facility using existing apportionments; 
(B) the facility has a sufficient intensity of use, age, 
or condition to warrant the collection of tolls; 
(C) the State plan for implementing tolls on the facility 
takes into account the interests of local, regional, and inter-
state travelers; 
(D) the State plan for reconstruction or rehabilitation 
of the facility using toll revenues is reasonable; and 
(E) the State has given preference to the use of a 
public toll agency with demonstrated capability to build, 
operate, and maintain a toll expressway system meeting 
criteria for the Interstate System. 
112 STAT. 214 
PUBLIC LAW 105-178-^JUNE 9, 1998 
Contracts. 
(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the 
Secretary may permit a State to participate in the pilot pro-
gram, the State must enter into an agreement with the Sec-
retary that provides that— 
(A) all toll revenues received from operation of the 
toll facility will be used only for— 
(i) debt service; 
(ii) reasonable return on investment of any private 
person financing the project; and 
(iii) any costs necessary for the improvement of 
and the proper operation and maintenance of the toll 
facility, including reconstruction, resurfacing, restora-
tion, and rehabilitation of the toll facility; and 
(B) regular audits will be conducted to ensure compli-
ance with subparagraph (A) and the results of such audits 
will be transmitted to the Secretary. 
(6) 
LIMITATION ON USE OF INTERSTATE 
MAINTENANCE 
FUNDS.—^During the term of the pilot program, funds appor-
tioned for Interstate maintenance under section 104(b)(4) of 
title 23, United States Code, may not be used on a facility 
for which tolls are being collected under the program. 
(7) PROGRAM TERM.—^The Secretary shall conduct the pilot 
grogram under this subsection for a term to be determined 
y the Secretary, but not less than 10 years. 
(8) INTERSTATE SYSTEM DEFINED.—^In this subsection, the 
term "Interstate System" has the meaning such term has under 
section 101 of title 23, United States Code. 
SEC. 1217. EUGIBIUTY. 
(a) SAN MATEO COUNTY, CALIFORNIA.—Notwithstanding any 
other provision of law, a project to repair or reconstruct any portion 
of a Federal-aid primary route in San Mateo County, California, 
that— 
(1) was destroyed as a result of a combination of storms 
in the winter of 1982-1983 and a mountain slide; and 
(2) until its destruction, served as the only reasonable 
access route between 2 cities and as the designated emergency 
evacuation route of 1 of the cities; 
shall be eligible for assistance under section 125(a) of title 23, 
United States Code, if the project complies with the local coastal 
plan. 
(b) AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.— 
(1) IN GENERAL.—^Notwithstanding section 129 of title 23, 
United States Code, or any other provision of law, improve-
ments to access roads and construction of access roads, 
approaches, and related facilities (such as signs, lights, and 
signals) necessary to connect the Ambassador Bridge in Detroit, 
Michigan, to the Interstate System shall be eligible for funds 
apportioned under paragraphs (1) and (3) of section 104(b) 
of such title. 
(2) USE OF FUNDS.—^Funds described in paragraph (1) shall 
not be used for any improvement to, or construction of, the 
bridge itself. 
(c) 
CUYAHOGA RIVER BRIDGE, OHIO.—Notwithstanding 
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)(3) of such title. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 215 
(d) CONNECTICUT.—In fiscal year 1998, the State of Connecticut 
may transfer any funds remaining available for obligation under 
section 104(b)(4) of title 23, United States Code, as in effect on 
the day before the date of the enactment of this Act, for construction 
of the Interstate System to any other program eligible for assistance 
under chapter 1 of such title. Before making any distribution of 
the obligation limitation under section 1102(c)(6) of this Act, the 
Secretary shall make available to the State of Connecticut sufficient 
obligation authority under section 1102(c) of this Act to obligate 
funds available for transfer under this subsection. 
(e) INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.— 
The International Bridge Authority, or its successor organization, 
shall be permitted to continue collecting tolls for maintenance of, 
operation of, capital improvements to, and future expansions to 
the International Bridge, Sault Ste. Marie, Michigan, and its 
approaches, plaza areas, and associated structures. 
(f) INFORMATION SERVICES.—A food business that would other-
wise be eligible to display a mainline business logo on a specific 
service food sign described in section 20—5.7(4) of part IIG of 
the 1988 edition of the Manual on Uniform Trafific Control Devices 
for Streets and Highways under the requirements specified in that 
section, but for the fact that the business is open 6 days a week, 
cannot be prohibited from inclusion on such a food sign. 
(g) CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN 
SERVICE PLAZAS IN THE STATE OF MARYLAND.— 
(1) WAIVER.—^Notwithstanding section 111 of title 23, 
United States Code, and the agreements described in paragraph 
(2), at the request of the Maryland Transportation Authority, 
the Secretary shall allow the continuance of commercial oper-
ations at the service plazas on the John F. Kennedy Memorial 
Highway on Interstate Route 95. 
(2) AGREEMENTS.—^The agreements referred to in para-
graph (1) are agreements between the Department of Transpor-
tation of the State of Maryland and the Federal Highway 
Administration concerning the highway described in paragraph 
(1). 
(h) WELCOME CENTER PILOT PROJECT.— 
Georgia. 
(1) IN GENERAL.—^The Secretary shall permit the State 
of (jreorgia to conduct a pilot project to acquire, construct, 
operate, and maintain a demonstration safety rest area and 
information center along Interstate Route 75 in Cobb County, 
(jreorgia, in accordance with paragraph (2). 
(2) INFORMATION CENTER AND SYSTEM.—The center 
may 
provide goods and information that is of interest to the traveling 
public, including commercial advertising and media displays, 
if such advertising and displays are— 
(A) exhibited solely within any facility constructed in 
the rest area; and 
(B) not legible from the main traveled way. 
(3) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall submit 
to Congress a report on the results of the pilot project. 
(i) SOUTHERN CALIFORNIA.—Notwithstanding section 120(1)(1) 
of title 23, United States Code— 
(1) private entity expenditures to construct the SR-91 toll 
road located in Orange County, California, from SR-55 to the 
112 STAT. 216 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
Riverside County line may be credited toward the State match-
ing share for any Federal-aid project beginning construction 
after the SR-91 toll road was opened to traffic; and 
(2) private expenditures for the future SR-125 toll road 
in San Diego County, California, from SR-905 to San Miguel 
Road may be credited against the State match share for Fed-
eral-aid highway projects beginning after SR-125 is opened 
to traffic. 
(j) TOLLS ON PENNSYLVANIA TURNPIKE.—Notwithstanding any 
other provision of law, no tolls shall be collected during the 6-
year period beginning on the date of enactment of this Act on 
the Pennsylvania Turnpike for travel either entering Bedford and 
exiting Breezewood, Pennsylvania, or entering Breezewood and 
exiting Bedford. 
(k) ViCKSBURG AND JACKSON, MISSISSIPPI.—^Notwithstanding 
any other provision of this Act, funds authorized by this Act (includ-
ing amendments made by this Act) for transportation projects in 
the State of Mississippi may be used for the purpose of constructing, 
reconstructing, or rehabilitating rail lines in the vicinity of Vicks-
burg and Jackson, Mississippi. 
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY 
DEPLOYMENT PROGRAM. 
(a) IN GENERAL.—Chapter 3 of title 23, United States Code, 
is amended by inserting after section 321 the following: 
*
*
§ 322. Magnetic levitation transportation technology deploy-
ment program 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) ELIGIBLE PROJECT COSTS.—^The term 'eligible project 
costs'— 
"(A) means the capital cost of the fixed guideway infra-
structure of a MAGLEV project, including land, piers, 
guideways, propulsion equipment and other components 
attached to guideways, power distribution facilities (includ-
ing substations), control and communications facilities, 
access roads, and storage, repair, and maintenance facili-
ties, but not including costs incurred for a new station; 
and 
"(B) includes the costs of preconstruction planning 
activities. 
"(2) FULL PROJECT COSTS.—The term 'full project costs' 
means the total capital costs of a MAGLEV project, including 
eligible project costs and the costs of stations, vehicles, and 
equipment. 
"(3) MAGLEV.—The term 'MAGLEV means transportation 
systems employing magnetic levitation that would be capable 
of safe use by the public at a speed in excess of 240 miles 
per hour or under 50 miles per hour. 
"(4) 
PARTNERSHIP 
POTENTIAL.—^The term 
'partnership 
potential' has the meaning given the term in the commercial 
feasibility study of high-speed ground transportation conducted 
under section 1036 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 1978). 
"(b) FINANCIAL ASSISTANCE.— 
~KlflWj'*' 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 217 
"(1) IN GENERAL.—^The Secretary shall make available 
financial assistance to pay the Federal share of full project 
costs of eligible projects selected under this section. Financial 
assistance made available under this section and projects 
assisted with the assistance shall be subject to section 5333(a) 
of title 49, United States Code. 
"(2) FEDERAL SHARE.—^The Federal share of full project 
costs under paragraph (1) shall be not more than %. 
"(3) USE OF ASSISTANCE.—Financial assistance provided 
under paragraph (1) shall be used only to pay eligible project 
costs of projects selected under this section. 
"(c) SOLICITATION OF APPLICATIONS FOR ASSISTANCE.—Not later 
than 180 days after the date of enactment of this subsection, the 
Secretary shall solicit applications from States, or authorities des-
ignated by 1 or more States, for financial assistance authorized 
by subsection (b) for planning, design, and construction of eligible 
MAGLEV projects. 
"(d) PROJECT ELIGIBILITY.—^To be eligible to receive financial 
assistance under subsection (b), a project shall— 
"(1) involve a segment or segments of a high-speed or 
low-speed ground transportation corridor that exhibit partner-
ship potential; 
"(2) require an amount of Federal funds for project financ-
ing that will not exceed the sum of— 
"(A) the amounts made available under subsection 
(h)(1)(A); and 
"(B) the amounts made available by States under sub-
section (h)(4); 
"(3) result in an operating transportation facility that pro-
vides a revenue producing service; 
"(4) be undertaken through a public and private partner-
ship, with at least Vz of full project costs paid using non-
Federal funds; 
"(5) satisfy applicable statewide and metropolitan planning 
requirements; 
"(6) be approved by the Secretary based on an application 
submitted to the Secretary by a State or authority designated 
by 1 or more States; 
"(7) to the extent that non-United States MAGLEV tech-
nology is used within the United States, be carried out as 
a technology transfer project; and 
"(8) be carried out using materials at least 70 percent 
of which are manufactured in the United States. 
"(e) PROJECT SELECTION CRITERIA.—Prior to soliciting applica-
tions, the Secretary shall establish criteria for selecting which 
eligible projects under subsection (d) will receive financial assistance 
under subsection (b). The criteria shall include the extent to which— 
"(1) a project is nationally significant, including the extent 
to which the project will demonstrate the feasibility of deploy-
ment of MAGLEV technology throughout the United States; 
"(2) timely implementation of the project will reduce conges-
tion in other modes of transportation and reduce the need 
for additional highway or airport construction; 
"(3) States, regions, and localities financially contribute 
to the project; 
"(4) implementation of the project will create new jobs 
in traditional and emerging industries; 
112 STAT. 218 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
"(5) the project will augment MAGLEV networks identified 
as having partnership potential; 
"(6) financial assistance would foster public and private 
partnerships for infrastructure development and attract private 
debt or equity investment; 
"(7) 
financial 
assistance 
would 
foster 
the 
timely 
implementation of a project; and 
"(8) life-cycle costs in design and engineering are considered 
and enhanced. 
"(f) PROJECT SELECTION.— 
"(1) PRECONSTRUCTION PLANNING ACTIVITIES.—Not later 
than 90 days after a deadline established by the Secretary 
for the receipt of applications, the Secretary shall evaluate 
the eligible projects in accordance with the selection criteria 
and select 1 or more eligible projects to receive financial assist-
ance for preconstruction planning activities, including— 
"(A) preparation of such feasibility studies, major 
investment studies, and environmental impact statements 
and assessments as are required under State law; 
"(B) pricing of the final design, engineering, and 
construction activities proposed to be assisted under para-
graph (2); and 
"(C) such other activities as are necessary to provide 
the Secretary with sufficient information to evaluate 
whether a project should receive financial assistance for 
final design, engineering, and construction activities under 
paragraph (2). 
"(2) 
FINAL 
DESIGN, 
ENGINEERING, AND CONSTRUCTION 
ACTIVITIES.—^After completion of preconstruction 
planning 
activities for all projects assisted under paragraph (1), the 
Secretary shall select 1 of the projects to receive financial 
assistance for final design, engineering, and construction activi-
ties. 
"(g) JOINT VENTURES.—^A project undertaken by a joint venture 
of United States and non-United States persons (including a project 
involving the deployment of non-United States MAGLEV technology 
in the United States) shall be eligible for financial assistance under 
this section if the project is eligible under subsection (d) and selected 
under subsection (f). 
"(h) FUNDING.— 
"(1) IN GENERAL.— 
"(A) CONTRACT AUTHORITY; AUTHORIZATION OF APPRO-
PRIATIONS.— 
"(i) IN GENERAL.—^There is authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section 
$15,000,000 for fiscal year 1999, $20,000,000 for fiscal 
year 2000, and $25,000,000 for fiscal year 2001. 
"(ii) CONTRACT AUTHORITY.—^Funds authorized by 
this subparagraph shall be available for obligation in 
the same manner as if the funds were apportioned 
under chapter 1, except that— 
"(I) the Federal share of the cost of a project 
carried out under this section shall be determined 
in accordance with subsection (b); and 
"(II) the availability of the funds shall be 
determined in accordance with paragraph (2). 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 219 
"(B) 
NONCONTRACT 
AUTHORITY 
AUTHORIZATION OF 
APPROPRIATIONS.— 
"(i) IN GENERAL.—^There are authorized to be 
appropriated from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section 
$200,000,000 for each of fiscal years 2000 and 2001, 
$250,000,000 for fiscal year 2002, and $300,000,000 
for fiscal year 2003. 
"(ii) 
AVAILABILITY.—^Notwithstanding 
section 
118(a), funds made available under clause (i) shall 
not be available in advance of an annual appropriation. 
"(2) AVAILABILITY OF FUNDS.—Funds made available under 
paragraph (1) shall remain available until expended. 
"(3) OTHER FEDERAL FUNDS.—Notwithstanding any other 
provision of law, funds made available to a State to carry 
out the surface transportation program under section 133 and 
the congestion mitigation and air quality improvement program 
under section 149 may be used by the State to pay a portion 
of the full project costs of an eligible project selected under 
this section, without requirement for non-Federal funds. 
"(4) OTHER ASSISTANCE.—^Notwithstanding any other provi-
sion of law, an eligible project selected under this section shall 
be eligible for other forms of financial assistance provided under 
this title and the Transportation Equity Act for the 21st Cen-
tury, including loans, loan guarantees, and lines of credit.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 23, United States Code, is amended by inserting after the 
item relating to section 321 the following: 
"322. Magnetic levitation transportation technology deployment program.". 
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by adding at the end the following: 
*
*
§ 162. National scenic byways program 
"(a) DESIGNATION OF ROADS.— 
"(1) IN GENERAL.—^The Secretary shall carry out a national 
scenic byways program that recognizes roads having outstand-
ing 
scenic, historic, cultural, 
natural, 
recreational, and 
archaeological qualities by designating the roads as National 
Scenic Byways or Ail-American Roads. 
"(2) CRITERIA.—^The Secretary shall designate roads to be 
recognized under the national scenic byways program in accord-
ance with criteria developed by the Secretary. 
"(3) NOMINATION.—^To be considered for the designation, 
a road must be nominated by a State or a Federal land manage-
ment agency and must first be designated as a State scenic 
byway or, in the case of a road on Federal land, as a Federal 
land management agency b3rway. 
"(b) GRANTS AND TECHNICAL ASSISTANCE.— 
"(1) IN GENERAL.—^The Secretary shall make grants and 
provide technical assistance to States to— 
"(A) implement projects on highways designated as 
National Scenic Byways or All-American Roads, or as State 
scenic byways; and 
"(B) plan, design, and develop a State scenic byway 
program. 
112 STAT. 220 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(2) PRIORITIES.—In making grants, the Secretary shall 
give priority to— 
"(A) each eligible project that is associated with a 
highway that has been designated as a National Scenic 
Byway or All-American Road and that is consistent with 
the corridor management plan for the byway; 
"(B) each eligible project along a State-designated sce-
nic byway that is consistent with the corridor management 
plan for the bjrway, or is intended to foster the development 
of such a plan, and is carried out to make the byway 
eligible for designation as a National Scenic Byway or 
All-American Road; and 
"(C) each eligible project that is associated with the 
development of a State scenic byway program. 
"(c) ELIGIBLE PROJECTS.—The following are projects that are 
eligible for Federal assistance under this section: 
"(1) An activity related to the planning, design, or develop-
ment of a State scenic byway program. 
"(2) Development and implementation of a corridor manage-
ment plan to maintain the scenic, historical, recreational, cul-
tural, natural, and archaeological characteristics of a byway 
corridor while providing for accommodation of increased tourism 
and development of related amenities. 
"(3) Safety improvements to a State scenic byway. National 
Scenic Byway, or All-American Road to the extent that the 
improvements are necessary to accommodate increased traffic 
and changes in the types of vehicles using the highway as 
a result of the designation as a State scenic byway. National 
Scenic Byway, or All-American Road. 
"(4) Construction along a scenic byway of a facility for 
pedestrians and bicyclists, rest area, turnout, highway shoulder 
improvement, passing lane, overlook, or interpretive facility. 
"(5) An improvement to a scenic byway that will enhance 
access to an area for the purpose of recreation, including water-
related recreation. 
"(6) Protection of scenic, historical, recreational, cultural, 
natural, and archaeological resources in an area adjacent to 
a scenic byway. 
"(7) Development and provision of tourist information to 
the public, including interpretive information about a scenic 
byway. 
"(8) Development and implementation of a scenic b3nvay 
marketing program. 
"(d) LIMITATION.—^The Secretary shall not make a grant under 
this section for any project that would not protect the scenic, histori-
cal, recreational, cultural, natural, and archaeological integrity of 
a highway and adjacent areas. 
"(e) SAVINGS CLAUSE.—The Secretary shall not withhold any 
grant or impose any requirement on a State as a condition of 
providing a grant or technical assistance for any scenic bjnvay 
unless the requirement is consistent with the authority provided 
in this chapter. 
"(f) FEDERAL SHARE.—^The Federal share of the cost of carrying 
out a project under this section shall be 80 percent, except that, 
in the case of any scenic byway project along a public road that 
provides access to or within Federal or Indian land, a Federal 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 221 
land management agency may use funds authorized for use by 
the agency as the non-Federal share.". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title is amended by adding at the end the following: 
"162. National scenic byways program.". 
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES. 
49 USC 104 note. 
(a) IN GENERAL.— 
(1) ELIMINATION.—^The Secretary shall eliminate any pro-
grammatic decisionmaking responsibility of the regional offices 
of the Federal Highway Administration for the Federal-aid 
highway program as part of the Administration's efforts to 
restructure its field organization. 
(2) ACTIVITIES.—In carrying out paragraph (1), the Sec-
retary shall eliminate regional offices, create technical resource 
centers, and, to the maximum extent practicable, delegate 
authority to State offices of the Federal Highway Administra-
tion. 
(b) PREFERENCE.—In locating the technical resource centers, 
the Secretary shall give preference to cities that house, on the 
date of enactment of this Act, the Federal Highway Administration 
regional offices and are in locations that minimize the travel dis-
tance between the technical resource centers and the Federal High-
way Administration division offices that will be served by the new 
technical resource centers. 
(c) REPORT TO CONGRESS.—^The Secretary shall transmit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a detailed implementation plan to carry out 
this section not later than September 30, 1998, and thereafter 
provide periodic progress reports on carrying out this section to 
such Committees. 
(d) IMPLEMENTATION.—^The Secretary shall begin implementa-
tion of the plan transmitted under subsection (c) not later than 
December 31, 1998. 
SEC. 
1221. TRANSPORTATION 
AND COMMUNITY 
AND SYSTEM 
23USC101note. 
PRESERVATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—In cooperation with appropriate State, 
regional, and local governments, the Secretary shall establish a 
comprehensive initiative to- investigate and address the relation-
ships between transportation and community and system preserva-
tion and identify private sector-based initiatives. 
(b) RESEARCH.— 
(1) IN GENERAL.—In cooperation with appropriate Federal 
agencies. State, regional, and local governments, and other 
entities eligible for assistance under subsection (d), the Sec-
retary shall carry out a comprehensive research program to 
investigate the relationships between transportation, commu-
nity preservation, and the environment and the role of the 
private sector in shaping such relationships. 
(2) REQUIRED ELEMENTS.—The program shall provide for 
monitoring and analysis of projects carried out with funds 
made available to carry out subsections (c) and (d). 
(c) PLANNING.— 
(1) IN GENERAL.—^The Secretary shall allocate funds made 
availalsle to carry out this subsection to States, metropolitan 
112 STAT. 222 
PUBLIC LAW 105-178-^UNE 9, 1998 
planning organizations, and local governments to plan, develop, 
and implement strategies to integrate transportation and 
community and system preservation plans and practices. 
(2) PURPOSES.—^The purposes of the allocations shall be— 
(A) to improve the efficiency of the transportation 
system; 
(B) to reduce the impacts of transportation on the 
environment; 
(C) to reduce the need for costly future investments 
in public infrastructure; 
(D) to provide efficient access to jobs, services, and 
centers of trade; and 
(E) to examine development patterns and identify 
strategies to encourage private sector development patterns 
which achieve the goals identified in subparagraphs (A) 
through (D). 
(3) CRITERIA.—In allocating funds made available to carry 
out this subsection, the Secretary shall give priority to 
applicants that— 
(A) propose projects for funding that address the pur-
poses described in paragraph (2); and 
(B) 
demonstrate 
a 
commitment 
of 
non-Federal 
resources to the proposed projects. 
(4) ADDITIONAL CRITERIA.—In addition, the Secretary shall 
give consideration to applicants that demonstrate a commit-
ment to public and private involvement, including involvement 
of nontraditional partners in the project team. 
(d) ALLOCATION OF FUNDS FOR IMPLEMENTATION.— 
(1) IN GENERAL.—^The Secretary shall allocate funds made 
available to carry out this subsection to States, metropolitan 
planning organizations, and local governments to carry out 
projects to address transportation efficiency and community 
and system preservation. 
(2) CRITERIA.—In allocating funds made available to carry 
out this subsection, the Secretary shall give priority to 
applicants that— 
(A) have instituted preservation or development plans 
and programs that— 
(i) meet the requirements of title 23 and chapter 
53 of title 49, United States Code; and 
(ii)(I) are coordinated with State and local adopted 
preservation or development plans; 
(II) are intended to promote cost-effective and 
strategic investments in transportation infrastructure 
that minimize adverse impacts on the environment; 
or 
(III) are intended to promote innovative private 
sector strategies. 
(B) have instituted other policies to integrate transpor-
tation and community and system preservation practices, 
such as— 
(i) spending policies that direct funds to high-
growth areas; 
(ii) urban growth boundaries to guide metropolitan 
expansion; 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 223 
* 
(iii) "green corridors" programs that provide access 
to major highway corridors for areas targeted for effi-
cient and compact development; or 
(iv) other similar programs or policies as deter- 
i 
mined by the Secretary; 
(C) have preservation or development policies that 
include a mechanism for reducing potential impacts of 
transportation activities on the environment; 
(D) examine ways to encourage private sector invest-
ments that address the purposes of this section; and 
5 
(E) propose projects for funding that address the pur-
poses described in subsection (c)(2). 
(3) EQUITABLE DISTRIBUTION.—In allocating funds to carry 
out this subsection, the Secretary shall ensure the equitable 
distribution of funds to a diversity of populations and 
geographic regions. 
(4) USE OF ALLOCATED FUNDS.— 
(A) IN GENERAL.—^An allocation of funds made available 
to carry out this subsection shall be used by the recipient 
to implement the projects proposed in the application to 
the Secretary. 
(B) TYPES OF PROJECTS.—^The allocation of funds shall 
be available for obligation for— 
(i) any project eligible for funding under title 23 
or chapter 53 of title 49, United States Code; or 
(ii) any other activity relating to transportation 
and community and system preservation that the Sec-
retary determines to be appropriate, including corridor 
preservation activities that are necessary to imple-
ment— 
(I) transit-oriented development plans; 
(II) traffic calming measures; or 
(III) other coordinated transportation and 
community and system preservation practices. 
(e) FUNDING.— 
(1) IN GENERAL.—^There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $20,000,000 for fiscal year 
1999 and $25,000,000 for each of fiscal years 2000 through 
2003. 
(2) CONTRACT AUTHORITY.—Funds authorized under this 
subsection shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, 
United States Code. 
SEC. 1222. ADDITIONS TO APPALACHIAN REGION. 
(a) IN GENERAL.—Section 403 of the Appalachian Regional 
Development Act of 1965 (40 U.S.C. App.) is amended— 
40 USC app. 403. 
(1) in the undesignated paragraph relating to Alabama— 
(A) by inserting "Hale," after "Franklin,"; and 
(B) by inserting "Macon," after "Limestone,"; 
(2) in the undesignated paragraph relating to (Georgia— 
(A) by inserting "Elbert," after "Douglas,"; and 
(B) by inserting "Hart," after "Haralson,"; 
(3) in the undesignated paragraph relating to Mississippi 
by striking "and Winston" and inserting "Winston, and 
Yalobusha"; and 
112 STAT. 224 
PUBLIC LAW 105-178—JUNE 9, 1998 
(4) in the undesignated paragraph relating to Virginia— 
(A) by inserting "Montgomery," after "Lee,"; and 
(B) by inserting "Rockbridge," after "Pulaski,". 
40USCapp.405 
(b) TECHNICAL AMENDMENT.—Section 405 of such Act is 
and note. 
amended by striking "section 201" and inserting "sections 201 and 
403". This amendment ensures that section 403 is still in effect. 
23 use 101 note. 
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES. 
(a) PURPOSE.—^The purpose of this section is to authorize the 
provision of assistance for, and support of. State and local efforts 
concerning surface transportation issues necessary to obtain the 
national recognition and economic benefits of participation in the 
International Ol3mipic movement, the International Paral)mtipic 
movement, and the Special Olympics International movement by 
hosting international quadrennial Olympic and Paralympic events, 
and Special Olympics International events, in the United States. 
(b) PRIORITY FOR TRANSPORTATION PROJECTS RELATING TO 
OLYMPIC, PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—Notwith-
standing any other provision of law, from funds available to carry 
out sections 118(c) and 144(g)(1) of title 23, United States Code, 
the Secretary may give priority to funding for a transportation 
project relating to an international quadrennial Olympic or 
Paral3mipic event, or a Special Oljmipics International event, if— 
(1) the project meets the extraordinary needs associated 
with an international quadrennial Olympic or Paralympic event 
or a Special Ol3nnpics International event; and 
(2) the project is otherwise eligible for assistance under 
sections 118(c) and 144(g)(1) of such title. 
(c) TRANSPORTATION PLANNING ACTIVITIES.—^The Secretary may 
participate in— 
(1) planning activities of States and metropolitan planning 
organizations and transportation projects relating to an inter-
national quadrennial Ol3anpic or Paralympic event, or a Special 
Olympics International event, under sections 134 and 135 of 
title 23, United States Code; and 
(2) developing intermodal transportation plans necessary 
for the projects in coordination with State and local transpor-
tation agencies. 
(d) FUNDING.—^Notwithstanding section 5001(a), from funds 
made available under such section, the Secretary may provide 
assistance for the development of an Olympic, a Paral3nnpic, and 
a Special Ol3niipics transportation management plan in cooperation 
with an Olympic Organizing Committee responsible for hosting, 
and State and local communities affected by, an international 
quadrennial Olympic or Paralympic event or a Special Oljnnpics 
International event. 
(e) 
TRANSPORTATION 
PROJECTS 
RELATING 
TO 
OLYMPIC, 
PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.— 
(1) IN GENERAL.—^The Secretary may provide assistance, 
including planning, capital, and operating assistance, to States 
and local governments in carrying out transportation projects 
relating to an international quadrennial Olympic or Paralympic 
event or a Special Olympics International event. 
(2) FEDERAL SHARE.—^The Federal share of the cost of a 
project assisted under this subsection shall not exceed 80 per-
cent. 
•ii»-'?*>wt'i<ta&£ fy '»*• 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 225 
(f) ELIGIBLE GOVERNMENTS.—A State or local government shall 
be eligible to receive assistance under this section only if the govern-
ment is hosting a venue that is part of an international quadrennial 
Olympics that is officially selected by the International Ol3nTipic 
Committee. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section such sums as 
are necessary for each of fiscal years 1998 through 2003. 
Subtitle C—Program Streamlining and 
Flexibility 
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVA-
TION. 
(a) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108 
of title 23, United States Code, is amended by striking the section 
heading and subsection (a) and inserting the following: 
*
*
§ 108. Advance acquisition of real property 
"(a) IN GENERAL.— 
"(1) AVAILABILITY OF FUNDS.—^For the purpose of facilitat-
ing the timely and economical acquisition of real property for 
a transportation improvement eligible for funding under this 
title, the Secretary, upon the request of a State, may make 
available, for the acquisition of real property, such funds appor-
tioned to the State as may be expended on the transportation 
improvement, under such rules and regulations as the Secretary 
may issue. 
"(2) CONSTRUCTION.—^The agreement between the Secretary 
and the State for the reimbursement of the cost of the real 
property shall provide for the actual construction of the 
transportation improvement within a period not to exceed 20 
years following the fiscal year for which the request is made, 
unless the Secretary determines that a longer period is reason-
able.". 
(b) CREDIT FOR ACQUIRED LANDS.—Section 323(b) of such title 
is amended— 
(1) in the subsection heading, by striking "DONATED" and 
inserting "ACQUIRED"; 
(2) by striking paragraphs (1) and (2) and inserting the 
following: 
"(1) IN GENERAL.—^Notwithstanding any other provision of 
this title, the State share of the cost of a project with respect 
to which Federal assistance is provided from the Highway 
Trust Fund (other than the Mass Transit Account) may be 
credited in an amount equal to the fair market value of any 
land that— 
"(A) is lawfully obtained by the State or a unit of 
local government in the State; 
"(B) is incorporated into the project; 
"(C) is not land described in section 138; and 
"(D) the Secretary determines will not influence the 
environmental assessment of the project, including— 
"(i) the decision as to the need to construct the 
project; 
112 STAT. 226 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(ii) the consideration of alternatives; and 
"(iii) the selection of a specific location. 
"(2) ESTABLISHMENT OF FAIR MARKET VALUE.—^The fair mar-
ket value of land incorporated into a project and credited under 
paragraph (1) shall be established in the manner determined 
by the Secretary, except that— 
"(A) the fair market value shall not include any 
increase or decrease in the value of donated property 
caused by the project; and 
"(B) the fair market value of donated land shall be 
established as of the earlier of— 
"(i) the date on which the donation becomes effec-
tive; or 
"(ii) the date on which equitable title to the land 
vests in the State."; 
(3) in paragraph (3) by striking "agency of a Federal, State, 
or local government" and inserting "agency of the Federal 
Government"; and 
(4) in paragraph (4) by striking "to which the donation 
is applied". 
(c) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERN-
23 use 323. 
MENT TOWARD THE STATE SHARE.—Section 323 of such title is 
amended by adding at the end the following: 
"(e) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERN-
MENT TOWARD THE STATE S H A R E . ^ A contribution by a unit of 
local government of real property, funds, or material in connection 
with a project eligible for assistance under this title shall be credited 
against the State share of the project at the fair market value 
of the real property, funds, or material.". 
(d) CONFORMING AMENDMENTS.— 
(1) Section 323 of such title is amended by striking the 
section heading and inserting the following: 
^§323. Donations and credits**. 
(2) The analysis for chapter 1 of such title is amended 
by striking the item relating to section 108 and inserting the 
following: 
"108. Advance acquisition of real property.". 
(3) The analysis for chapter 3 of such title is amended 
by striking the item relating to section 323 and inserting the 
following: 
"323. Donations and credits.". 
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION. 
Section 121 of title 23, United States Code, is amended— 
(1) by striking subsections (a) and (b) and inserting the 
following: 
"(a) IN GENERAL.—^The Secretary, from time to time as the 
work progresses, may make payments to a State for costs of 
construction incurred by the State on a project. Such payments 
may also be made for the value of the materials— 
"(1) that have been stockpiled in the vicinity of the 
construction in conformity to plans and specifications for the 
projects; and 
"(2) that are not in the vicinity of the construction if the 
Secretary determines that because of required fabrication at 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 227 
an off-site location the material cannot be stockpiled in such 
vicinity. 
"(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 accordance with the project agree-
ment, a State shall be entitled to payment out of the appropriate 
sums apportioned or allocated to the State of the unpaid balance 
of the Federal share payable for such project."; 
(2) by striking subsections (c) and (d); and 
(3) by redesignating subsection (e) as subsection (c). 
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY. 
(a) IN GENERAL.—Section 156 of title 23, United States Code, 
is amended to read as follows: 
*
*
§ 156. Proceeds from the sale or lease of real property 
"(a) MINIMUM CHARGE.—Subject to section 142(f), a State shall 
charge, at a minimum, fair market value for the sale, use, lease, 
or lease renewal (other than for utility use and occupancy or for 
a transportation project eligible for assistance under this title) 
of real property acquired with Federal assistance made available 
from the Highway Trust Fund (other than the Mass Transit 
Account). 
"(b) EXCEPTIONS.—^The Secretary may grant an exception to 
the requirement of subsection (a) for a social, environmental, or 
economic purpose. 
"(c) USE OF FEDERAL SHARE OF INCOME.—The Federal share 
of net income from the revenues obtained by a State under sub-
section (a) shall be used by the State for projects eligible under 
this title.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
such title is amended by striking the item relating to section 156 
and inserting the following: 
"156. Proceeds from the sale or lease of real property.". 
SEC. 1304. ENGINEERING COST REIMBURSEMENT. 
Section 102(b) of title 23, United States Code, is amended 
in the first sentence by inserting after "10 years" the following: 
"(or such longer period as the State requests and the Secretary 
determines to be reasonable)". 
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT. 
(a) IN GENERAL.—Section 106 of title 23, United States Code, 
is amended— 
(1) by striking the section heading and inserting the 
following: 
"§ 106. Project approval and oversight"; 
(2) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
(3) by striking subsections (a) through (d) and inserting 
the following: 
"(a) IN GENERAL.— 
"(1) SUBMISSION OF PLANS, SPECIFICATIONS, AND ESTI-
MATES.—Except as otherwise provided in this section, each 
State transportation department shall submit to the Secretary 
for approval such plans, specifications, and estimates for each 
proposed project as the Secretary may require. 
112 STAT. 228 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(2) PROJECT AGREEMENT.—The Secretary shall act on the 
plans, specifications, and estimates as soon as practicable after 
the date of their submission and shall enter into a formal 
project agreement with the State transportation department 
formalizing the conditions of the project approval. 
"(3) 
CONTRACTUAL OBLIGATION.—The execution 
of 
the 
project agreement shall be deemed a contractual obligation 
of the Federal Government for the pajnnent of the Federal 
share of the cost of the project. 
"(4) GUIDANCE.—In taking action under this subsection, 
the Secretary shall be guided by section 109. 
"(b) PROJECT AGREEMENT.— 
"(1) PROVISION OF STATE FUNDS.—The project agreement 
shall make provision for State funds required to pay the State's 
non-Federal share of the cost of construction of the project 
and to pay for maintenance of the project after completion 
of construction. 
"(2) REPRESENTATIONS OF STATE.—If a part of the project 
is to be constructed at the expense of, or in cooperation with, 
political subdivisions of the State, the Secretary may rely on 
representations made by the State transportation department 
with respect to the arrangements or agreements made by the 
State transportation department and appropriate local officials 
for ensuring that the non-Federal contribution will be provided 
under paragraph (1). 
"(c) 
ASSUMPTION BY STATES OF RESPONSIBILITIES OF THE 
SECRETARY.— 
"(1) NON-INTERSTATE NHS PROJECTS.—^For projects under 
this title that are on the National Highway System but not 
on the Interstate System, the State may assume the responsibil-
ities of the Secretary under this title for design, plans, specifica-
tions, estimates, contract awards, and inspections of projects 
unless the State or the Secretary determines that such assump-
tion is not appropriate. 
"(2) NON-NHS PROJECTS.—For projects under this title that 
are not on the National Highway System, the State shall 
assume the responsibilities of the Secretary under this title 
for design, plans, specifications, estimates, contract awards, 
and inspection of projects, unless the State determines that 
such assumption is not appropriate. 
"(3) AGREEMENT.—^The Secretary and the State shall enter 
into an agreement relating to the extent to which the State 
assumes the responsibilities of the Secretary under this sub-
section. 
"(4) LIMITATION ON AUTHORITY OF SECRETARY.—The Sec-
retary may not assume any greater responsibility than the 
Secretary is permitted under this title on September 30, 1997, 
except upon agreement by the Secretary and the State. 
"(d) RESPONSIBILITIES OF THE SECRETARY.—Nothing in this sec-
tion, section 133, or section 149 shall affect or discharge any respon-
sibility or obligation of the Secretary under— 
"(1) section 113 or 114; or 
"(2) any Federal law other than this title (including section 
5333 of title 49). 
"(e) VALUE ENGINEERING ANALYSIS.—For such projects as the 
Secretary determines advisable, plans, specifications, and estimates 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 229 
for proposed projects on any Federal-aid highway shall be accom-
panied by a value engineering analysis or other cost reduction 
analysis.". 
(b) FINANCIAL PLAN.—Section 106 of such title (as amended 
by subsection (a)(2)), is amended by adding at the end the following: 
23 USC 106. 
"(h) FINANCIAL PLAN.—^A recipient of Federal financial assist-
ance for a project under this title with an estimated total cost 
of $1,000,000,000 or more shall submit to the Secretary an annual 
financial plan for the project. The plan shall be based on detailed 
annual estimates of the cost to complete the remaining elements 
of the project and on reasonable assumptions, as determined by 
the Secretary, of future increases in the cost- to complete the 
project.". 
(c) LIFE CYCLE COST ANALYSIS.—Section 106 of such title (as 
amended by subsection (a)(2)), is amended by striking subsection 
(f) and inserting the following: 
"(f) LIFE-CYCLE COST ANALYSIS.— 
"(1) USE OF LIFE-CYCLE COST ANALYSIS.—The Secretary 
shall develop recommendations for the States to conduct life-
cycle cost analyses. The recommendations shall be based on 
the principles contained in section 2 of Executive Order No. 
12893 and shall be developed in consultation with the American 
Association of State Highway and Transportation Officials. The 
Secretary shall not require a State to conduct a life-cycle cost 
analysis for any project as a result of the recommendations 
required under this subsection. 
"(2) LIFE-CYCLE COST ANALYSIS DEFINED.—In this sub-
section, the term 'life-cycle cost analysis' means a process for 
evaluating the total economic worth of a usable project segment 
by analyzing initial costs and discounted future costs, such 
as maintenance, user costs, reconstruction, 
rehabilitation, 
restoring, and resurfacing costs, over the life of the project 
segment.". 
(d) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title is amended by striking the item relating to section 106 
and inserting the following: 
"106. Project approval and oversight.". 
SEC. 1306. STANDARDS. 
(a) ELIMINATION OF GUIDELINES AND ANNUAL CERTIFICATION 
REQUIREMENTS.—Section 109 of title 23, United States Code, is 
amended— 
(1) by striking subsection (m); and 
(2) by redesignating subsections (n) through (q) as sub-
sections (m) through (p), respectively. 
(b) SAFETY STANDARDS.—Section 109 of such title (as amended 
by subsection (a)), is amended by adding at the end the following: 
"(q) PHASE CONSTRUCTION.—^Safety considerations for a project 
under this title may be met by phase construction consistent with 
the operative safety management system established in accordance 
with section 303 or in accordance with a statewide transportation 
improvement program approved by the Secretary.". 
SEC. 1307. DESIGN-BUILD CONTRACTING. 
(a) AUTHORITY.—Section 112(b) of title 23, United States Code, 
is amended— 
112 STAT. 230 
PUBLIC LAW 105-178—JUNE 9, 1998 
(1) in the first sentence of paragraph (1) by striking "para-
graph (2)" and inserting "paragraphs (2) and (3)"; 
(2) in paragraph (2)(A) by striking "Each" and inserting 
"Subject to paragraph (3), each"; and 
(3) by adding at the end the following: 
"(3) DESIGN-BUILD CONTRACTING.— 
"(A) IN GENERAL.—^A State transportation department 
or local transportation agency may award a design-build 
contract for a qualified project described in subparagraph 
(C) using any procurement process permitted by applicable 
State and local law. 
"(B) LIMITATION ON FINAL DESIGN.—Final design under 
a design-build contract referred to in subparagraph (A) 
shall not commence before compliance with section 102 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
"(C) QUALIFIED PROJECTS.^A qualified project referred 
to in subparagraph (A) is a project under this chapter 
for which— 
"(i) the Secretary has approved the use of design-
build contracting described in subparagraph (A) under 
criteria specified in regulations issued by the Secretary; 
and 
"(ii) the total costs are estimated to exceed— 
"(I) in the case of a project that involves 
installation of an intelligent transportation system, 
$5,000,000; and 
"(II) in 
the 
case 
of any 
other 
project, 
$50,000,000. 
"(D) DESIGN-BUILD CONTRACT DEFINED.—In this para-
graph, the term 'design-build contract' means an agreement 
that provides for design and construction of a project by 
a contractor, regardless of whether the agreement is in 
the form of a design-build contract, a franchise agreement, 
or any other form of contract approved by the Secretary.". 
(b) 
INAPPLICABILITY 
OF 
STANDARDIZED 
CONTRACT 
CLAUSE 
23 use 112. 
REQUIREMENT.—Section 112(e)(2) of such title is amended— 
(1) by striking "Paragraph" and inserting the following: 
"(A) STATE LAW.—Paragraph"; 
(2) by adding at the end the following: 
"(B) DESIGN-BUILD CONTRACTS.—Paragraph (1) shall 
not apply to any design-build contract approved under sub-
section (b)(3)."; and 
(3) by aligning the remainder of the text of subparagraph 
(A) (as designated by paragraph (1) of this subsection) with 
subparagraph (B) of such section (as added by paragraph (2) 
of this subsection). 
23 u s e 112 note. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than the effective date specified 
in subsection (e), after consultation with the American Associa-
tion of State Highway and Transportation Officials and rep-
resentatives from affected industries, the Secretary shall issue 
regulations to carry out the amendments made by this section. 
(2) CONTENTS.—^The regulations shall— 
(A) identify the criteria to be used by the Secretary 
in approving the use by a State transportation department 
; ."*^"'iir',' 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 231 
or local transportation agency of design-build contracting; 
and 
(B) establish the procedures to be followed by a State 
transportation department or local transportation agency 
for obtaining the Secretary's approval of the use of design-
build contracting by the department or agency. 
(d) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this sec- 23 use 112 note, 
tion or the amendments made by this section affects the authority 
to carry out, or any project carried out under, any experimental 
program concerning design-build contracting that is being carried 
out by the Secretary as of the date of enactment of this Act. 
(e) EFFECTIVE DATE FOR AMENDMENTS.— 
23 use 112 note. 
(1) IN GENERAL.—The amendments made by this section 
take effect 3 years after the date of enactment of this Act. 
(2) TRANSITION PROVISION.— 
(A) IN GENERAL.—During the period before issuance 
of the regulations under subsection (c), the Secretary may 
approve, in accordance with an experimental program 
described in subsection (d), design-build contracts to be 
awarded using any process permitted by applicable State 
and local law; except that final design under any such 
contract shall not commence before compliance with section 
102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
(B) PREVIOUSLY AWARDED CONTRACTS.—The Secretary 
may approve design-build contracts awarded before the 
date of enactment of this Act. 
(C) DESIGN-BUILD CONTRACT DEFINED.—In this para-
graph, the term "design-build contract" means an agree-
ment that provides for design and construction of a project 
by a contractor, regardless of whether the agreement is 
in the form of a design-build contract, a franchise agree-
ment, or any other form of contract approved by the Sec-
retary. 
(f) REPORT TO CONGRESS.— 
23 use 112 note. 
(1) IN GENERAL.—Not later than 5 years after the date 
of enactment of this Act, the Secretary shall submit to Congress 
a report on the effectiveness of design-build contracting proce-
dures. 
(2) CONTENTS.—The report shall contain— 
(A) an assessment of the effect of design-build contract-
ing on project quality, project cost, and timeliness of project 
delivery; 
(B) recommendations on the appropriate level of design 
for design-build procurements; 
(C) an assessment of the impact of design-build 
contracting on small businesses; 
(D) assessment of the subjectivity used in design-build 
contracting; and 
(E) such recommendations concerning design-build 
contracting procedures as the Secretary determines to be 
appropriate. 
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION. 
The Secretary shall eliminate the major investment study set 
forth in section 450.318 of title 23, Code of Federal Regulations, 
as a separate requirement, and promulgate regulations to integrate 
59-194 0-98-9:QL3Partl 
112 STAT. 232 
PUBLIC LAW 105-178—JUNE 9, 1998 
such requirement, as appropriate, as part of the analyses required 
to be undertaken pursuant to the planning provisions of title 23, 
United States Code, and chapter 53 of title 49, United States 
Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for Federal-aid highway and transit projects. The 
scope of the applicability of such regulations shall be no broader 
than the scope of such section. 
23 u s e 109 note. 
SEC. 1309. ENVIRONMENTAL STREAMLINING. 
(a) COORDINATED ENVIRONMENTAL REVIEW PROCESS.— 
(1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary 
shall develop and implement a coordinated environmental 
review process for highway construction projects that require— 
(A) the preparation of an environmental impact state-
ment or environmental assessment under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
except that the Secretary may decide not to apply this 
section to the preparation of an environmental assessment 
under such Act; or 
(B) the conduct of any other environmental review, 
analysis, opinion, or issuance of an environmental permit, 
license, or approval by operation of Federal law. 
(2) MEMORANDUM OF UNDERSTANDING.— 
(A) IN GENERAL.—^The coordinated 
environmental 
review process for each project shall ensure that, whenever 
practicable (as specified in this section), all environmental 
reviews, analyses, opinions, and any permits, licenses, or 
approvals that must be issued or made by any Federal 
agency for the project concerned shall be conducted concur-
rently and completed within a cooperatively determined 
time period. Such process for a project or class of project 
may be incorporated into a memorandum of understanding 
between the Department of Transportation and Federal 
agencies (and, where appropriate, State agencies). 
(B) ESTABLISHMENT OF TIME PERIODS.—In establishing 
the time period referred to in subparagraph (A), and any 
time periods for review within such period, the Department 
and all such agencies shall take into account their respec-
tive resources and statutory commitments. 
(b) 
ELEMENTS OF 
COORDINATED ENVIRONMENTAL REVIEW 
PROCESS.—For each project, the coordinated environmental review 
process established under this section shall provide, at a minimum, 
for the following elements: 
(1) FEDERAL AGENCY IDENTIFICATION.—^The Secretary shall, 
at the earliest possible time, identify all potential Federal agen-
cies that— 
(A) have jurisdiction by law over environmental-related 
issues that may be affected by the project and the analysis 
of which would be part of any environmental document 
required by the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); or 
(B) may be required by Federal law to independently— 
(i) conduct an environmental-related review or 
analysis; or 
(ii) determine whether to issue a permit, license, 
or approval or render an opinion on the environmental 
impact of the project. 
» « • » » ? •I 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 233 
(2) TIME LIMITATIONS AND CONCURRENT REVIEW.—The Sec-
retary and the head of each Federal agency identified under 
paragraph (1)— 
(A)(i) shall jointly develop and establish time periods 
for review for— 
(I) all Federal agency comments with respect to 
any environmental review documents required by the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for the project; and 
(II) all other independent Federal agency environ-
mental analyses, reviews, opinions, and decisions on 
any permits, licenses, and approvals that must be 
issued or made for the project; 
whereby each such Federal agency's review shall be under-
taken and completed within such established time periods 
for review; or 
(ii) may enter into an agreement to establish such 
time periods for review with respect to a class of project; 
and 
(B) shall ensure, in establishing such time periods 
for review, that the conduct of any such analysis, review, 
opinion, and decision is undertaken concurrently with all 
other environmental reviews for the project, including the 
reviews required by the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); except that such 
review may not be concurrent if the affected Federal agency 
can demonstrate that such concurrent review would result 
in a significant adverse impact to the environment or sub-
stantively alter the operation of Federal law or would not 
be possible without information developed as part of the 
environmental review process. 
(3) FACTORS TO BE CONSIDERED.—^Time periods for review 
established under this section shall be consistent with the 
time periods established by the Council on Environmental Qual-
ity under sections 1501.8 and 1506.10 of title 40, Code of 
Federal Regulations. 
(4) EXTENSIONS.—^The Secretary shall extend any time peri-
ods for review under this section if, upon good cause shown, 
the Secretary and any Federal agency concerned determine 
that additional time for analysis and review is needed as a 
result of new information that has been discovered that could 
not reasonably have been anticipated when the Federal agency's 
time periods for review were established. Any memorandum 
of understanding shall be modified to incorporate any mutually 
agreed-upon extensions. 
(c) DISPUTE RESOLUTION.—^When the Secretary determines that 
a Federal agency which is subject to a time period for its environ-
mental review or analysis under this section has failed to complete 
such review, analysis, opinion, or decision on issuing any permit, 
license, or approval within the established time period or within 
any agreed-upon extension to such time period, the Secretary may, 
after notice and consultation with such agency, close the record 
on the matter before the Secretary. If the Secretary finds, after 
timely compliance with this section, that an environmental issue 
related to the project that an affected Federal agency has jurisdic-
tion over by operation of Federal law has not been resolved, the 
Secretary and the head of the Federal agency shall resolve the 
112 STAT. 234 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
matter not later than 30 days after the date of the finding by 
the Secretary. 
(d) PARTICIPATION OF STATE AGENCIES.—For any project eUgible 
for assistance under chapter 1 of title 23, United States Code, 
a State, by operation of State law, may require that all State 
agencies that have jurisdiction by State or Federal law over environ-
mental-related issues that may be affected by the project, or that 
are required to issue any environmental-related reviews, analyses, 
opinions, or determinations on issuing any permits, licenses, or 
approvals for the project, be subject to the coordinated environ-
mental review process established under this section unless the 
Secretary determines that a State's participation would not be 
in the public interest. For a State to require State agencies to 
participate in the review process, all affected agencies of the State 
shall be subject to the review process. 
(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.— 
(1) IN GENERAL.—^The Secretary may approve a request 
by a State to provide funds made available under chapter 
1 of title 23, United States Code, to the State for the project 
subject to the coordinated environmental review process estab-
lished under this section to affected Federal agencies to provide 
the resources necessary to meet any time limits established 
under this section. 
(2) AMOUNTS.—Such requests under paragraph (1) shall 
be approved only— 
(A) for the additional amounts that the Secretary deter-
mines are necessary for the affected Federal agencies to 
meet the time limits for environmental review; and 
(B) if such time limits are less than the customary 
time necessary for such review. 
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.— 
(1) JUDICIAL REVIEW.—^Nothing in this section shall affect 
the reviewability of any final Federal agency action in a district 
court of the United States or in the court of any State. 
(2) SAVINGS CLAUSE.—^Nothing in this section shall affect 
the applicability of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or any other Federal environ-
mental statute or affect the responsibility of any Federal officer 
to comply with or enforce any such statute. 
(g) FEDERAL AGENCY DEFINED.—In this section, the term "Fed-
eral agency" means any Federal agency or any State agency carrying 
out affected responsibilities required by operation of Federal law. 
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 109 the following: 
*
*
§ 110. Uniform transferability of Federal-aid highway funds 
"(a) GENERAL RULE.—Notwithstanding any other provision of 
law but subject to subsections (b) and (c), if at least 50 percent 
of a State's apportionment under section 104 or 144 for a fiscal 
year or at least 50 percent of the funds set-aside under section 
133(d) from the State's apportionment section 104(b)(3) may not 
be transferred to any other apportionment of the State under section 
104 or 144 for such fiscal year, then the State may transfer not 
to exceed 50 percent of such apportionment or set aside to any 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 235 
other apportionment of such State under section 104 or 144 for 
such fiscal year. 
"(b) APPLICATION TO CERTAIN SET-ASIDES.—No funds may be 
transferred under this section that are subject to the last sentence 
of section 133(d)(1) or to section 104(f) or to section 133(d)(3). 
The maximum amount that a State may transfer under this section 
of the State's set-aside under section 133(d)(1) or 133(d)(2) for 
a fiscal year may not exceed 25 percent of (1) the amount of 
such set-aside, less (2) the amount of the State's set-aside under 
such section for fiscal year 1997. 
"(c) APPLICATION TO CERTAIN C M A Q FUNDS.—The maximum 
amount that a State may transfer under this section of the State's 
apportionment under section 104(b)(2) for a fiscal year may not 
exceed 50 percent of (1) the amount of such apportionment, less 
(2) the amount that the State's apportionment under section 
104(b)(2) for such fiscal year would have been had the program 
been funded at $1,350,000,000. Any such funds apportioned under 
section 104(b)(2) and transferred under this section may only be 
obligated in geographic areas eligible for the obligation of funds 
apportioned under section 104(b)(2).". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title is amended by inserting after the item relating to section 
109 the following: 
"110. Uniform transferability of Federal-aid highway funds.". 
Subtitle D—Safety 
SEC. 1401. HAZARD ELIMINATION PROGRAM. 
Section 152 of title 23, United States Code, is amended— 
(1) in subsection (a)--
(A) by striking "(a) Each" and inserting the following: 
"(a) IN GENERAL.— 
"(1) PROGRAM.—Each"; 
(B) by inserting ", bicyclists," after "motorists"; 
(C) by adding at the end the following: 
"(2) HAZARDS.—In carrying out paragraph (1), a State may, 
at its discretion— 
"(A) identify, through a survey, hazards to motorists, 
bicyclists, pedestrians, and users of highway facilities; and 
"(B) develop and implement projects and programs to 
address the hazards."; and 
(D) by aligning the remainder of the text of paragraph 
(1) (as designated by subparagraph (A) of this paragraph) 
with paragraph (2) of such subsection (as added by subpara-
graph (C) of this paragraph); 
(2) in subsection (b) by striking "highway safety improve-
ment project" and inserting "safety improvement project, includ-
ing a project described in subsection (a)"; 
(3) in subsection (c) by striking "on any public road (other 
than a highway on the Interstate System)." and inserting the 
following: "on— 
"(1) any public road; 
"(2) any public surface transportation facility or any 
publicly owned bicycle or pedestrian pathway or trail; or 
"(3) any traffic calming measure."; 
(4) in subsection (e)— 
112 STAT. 236 
PUBLIC LAW 105-178-JUNE 9, 1998 
(A) by striking "apportioned to" in the first sentence 
and all that follows through "shall be" in the second sen-
tence; and 
(B) by striking "section 104(b)(1)" and inserting "section 
104(b)"; and 
(5) in subsections (f) and (g) by striking "highway safety 
improvement projects" each place it appears and inserting 
"safety improvement projects". 
Regulations. 
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES. 
23 u s e 109 note. 
, .^ 
^ , 
(a) CRASH CUSHIONS.— 
(1) GUIDANCE.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue guidance 
regarding the benefits and safety performance of redirective 
and nonredirective crash cushions in different road applications, 
taking into consideration roadway conditions, operating speed 
limits, the location of the crash cushion in the right-of-way, 
and any other relevant factors. The guidance shall include 
recommendations on the most appropriate circumstances for 
utilization of redirective and nonredirective crash cushions. 
(2) USE OF GUIDANCE.—States shall use the guidance issued 
under this subsection in evaluating the safety and cost-effective-
ness of utilizing different crash cushion designs and determin-
ing whether directive or nonredirective crash cushions or other 
safety appurtenances should be installed at specific highway 
locations. 
(b) 
TRAFFIC 
FLOW 
AND 
SAFETY APPLICATIONS OF 
ROAD 
BARRIERS.— 
(1) STUDY.—^The Secretary shall conduct a study on the 
technologies and methods to enhance safety, 
streamline 
construction, and improve capacity by providing positive separa-
tion at all times between traffic, equipment, and workers on 
highway construction projects. The study shall also address 
how such technologies can be used to improve capacity and 
safety at those specific highway, bridge, and other appropriate 
locations where reversible lane, contraflow, and high occupancy 
vehicle lane operations are implemented during peak traffic 
periods. 
(2) USES TO CONSIDER.—In conducting the study, the Sec-
retary shall consider, at a minimum, uses of positive separation 
technologies related to— 
(A) separating workers from traffic flow when work 
is in progress; 
(B) providing additional safe work space by utilizing 
adjacent and available traffic lanes during off-peak hours; 
(C) rapid deployment to allow for daily or periodic 
restoration of lanes for use by traffic during peak hours 
as needed; 
(D) mitigating congestion caused by construction by— 
(i) opening all adjacent and available lanes to traf-
fic during peak traffic hours; or 
(ii) using reversible lanes to optimize capacity of 
the highway by adjusting to directional traffic flow; 
and 
(E) permanent use of positive separation technologies 
to create contraflow or reversible lanes to increase the 
capacity of congested highways, bridges, and tunnels. 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 237 
(3) REPORT.—Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to Congress 
a report on the results of the study. The report shall include 
findings and recommendations for the use of the technologies 
referred to in paragraph (2) to provide positive separation on 
appropriate projects. 
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by striking section 157 and inserting the following: 
"§ 157. Safety incentive grants for use of seat belts 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) MOTOR VEHICLE.—^The term 'motor vehicle' means a 
vehicle driven or drawn by mechanical power and manufactured 
primarily for use on public highways, but does not include 
a vehicle operated solely on a rail line. 
"(2) MULTIPURPOSE PASSENGER MOTOR VEHICLE.—The term 
'multipurpose passenger motor vehicle' means a motor vehicle 
with motive power (except a trailer), designed to carry not 
more than 10 individuals, that is constructed on a truck chassis 
or is constructed with special features for occasional ofF-road 
operation. 
"(3) NATIONAL AVERAGE SEAT BELT USE RATE.—The term 
'national average seat belt use rate' means, in the case of 
each of calendar years 1996 through 2001, the national average 
seat belt use rate for that year, as determined by the Secretary. 
"(4) PASSENGER CAR.—^The term 'passenger car' means a 
motor vehicle with motive power (except a multipurpose pas-
senger motor vehicle, motorcycle, or trailer) designed to carry 
not more than 10 individuals. 
"(5) PASSENGER MOTOR VEHICLE.—The term 'passenger 
motor vehicle' means a passenger car or a multipurpose pas-
senger motor vehicle. 
"(6) SAVINGS TO THE FEDERAL GOVERNMENT.—^The term 
'savings to the Federal Government' means the amount of Fed-
eral budget savings relating to Federal medical costs (including 
savings under the medicare and medicaid programs under titles 
XVIII and XIX of the Social Security Act (42 U.S.C. 1395 
et seq.)), as determined by the Secretary. 
"(7) SEAT BELT.—^The term 'seat belt' means— 
"(A) with respect to an open-body passenger motor 
vehicle, including a convertible, an occupant restraint sys-
tem consisting of a lap belt or a lap belt and a detachable 
shoulder belt; and 
"(B) with respect to any other passenger motor vehicle, 
an occupant restraint system consisting of integrated lap 
and shoulder belts. 
"(8) STATE SEAT BELT USE RATE.—The term 'State seat 
belt use rate' means the rate of use of seat belts in passenger 
motor vehicles in a State, as measured and submitted to the 
Secretary— 
"(A) for each of calendar years 1996 and 1997, by 
the State, as weighted by the Secretary to ensure national 
consistency in methods of measurement (as determined 
by the Secretary); and 
112 STAT. 238 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(B) for each of calendar years 1998 through 2001, 
by the State in a manner consistent with the criteria estab-
lished by the Secretary under subsection (e). 
"(b) DETERMINATIONS BY THE SECRETARY.—^Not later than 
September 1, 1998, and September 1 of each calendar year there-
after through September 1, 2002, the Secretary shall determine— 
"(1)(A) which States had, for each of the previous calendar 
years (in this subsection referred to as the 'previous calendar 
year') and the year preceding the previous calendar year, a 
State seat belt use rate greater than the national average 
seat belt use rate for that year; and 
"(B) in the case of each State described in subparagraph 
(A), the amount that is equal to the savings to the Federal 
Government due to the amount by which the State seat belt 
use rate for the previous calendar year exceeds the national 
average seat belt use rate for that year; and 
"(2) in the case of each State that is not a State described 
in paragraph (1)(A)— 
"(A) the base seat belt use rate of the State, which 
shall be equal to the highest State seat belt use rate 
for the State for any calendar year during the period of 
1996 through the calendar year preceding the previous 
calendar year; and 
"(B) the amount that is equal to the savings to the 
Federal Grovemment due to any increase in the State seat 
belt use rate for the previous calendar year over the base 
seat belt use rate determined under subparagraph (A). 
"(c) ALLOCATIONS.— 
"(1) STATES WITH GREATER THAN THE NATIONAL AVERAGE 
SEAT BELT USE RATE.—^Not later than October 1, 1998, and 
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate to each State described in subsection 
(b)(1)(A) an amount equal to the amount determined for the 
State under subsection (b)(1)(B). 
"(2) OTHER STATES.—^Not later than October 1, 1998, and 
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate to each State described in subsection (b)(2) 
an amount equal to the amount determined for the State under 
subsection (b)(2)(B). 
"(d) USE OF AMOUNTS.—^For each fiscal year, each State that 
is allocated an amount under this section shall use the amount 
for projects eligible for assistance under this title. 
"(e) CRITERIA.—^Not later than 180 days after the date of enact-
ment of this section, the Secretary shall establish criteria for the 
measurement of State seat belt use rates by States to ensure 
that the measurements are accurate and representative. 
"(f) INNOVATIVE SEAT BELT PROJECT ALLOCATIONS.— 
"(1) IN GENERAL.—^The Secretary shall use amounts made 
available under subsection (g)(3) to make allocations to States 
to carry out innovative projects to promote increased seat belt 
use rates. 
"(2) 
DETERMINATION OF ELIGIBILITY.—To be eligible to 
receive an allocation under this subsection for a fiscal year, 
a State shall— 
"(A) develop a plan for innovative projects described 
in paragraph (1); and 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 239 
"(B) submit the plan to the Secretary not later than 
March 1 of the fiscal year. 
"(3) PLAN SELECTION.— 
"(A) CRITERIA.—^Not later than December 1, 1998, the 
Secretary shall establish criteria for the selection of State 
plans for allocations under this subsection. 
"(B) SELECTION.—^The Secretary shall select State 
plans for allocations under this subsection in accordance 
with the criteria established under subparagraph (A). 
"(C) STATES.—In carrying out this paragraph, the Sec-
retary shall ensure, to the maximum extent practicable, 
demographic and geographic diversity and a diversity of 
seat belt use rates among the States selected for allocations. 
"(4) ALLOCATION.—^Not later than October 1, 1999, and 
each October 1 thereafter through October 1, 2002, the Sec-
retary shall allocate funds to the States whose plans were 
selected under paragraph (3). 
"(5) AMOUNT OF ALLOCATIONS.—Subject to the availability 
of unallocated amounts under subsection (g)(3), the amount 
of each allocation to a State under this subsection shall be 
not less than $100,000 for each fiscal year that is covered 
by a State plan. 
"(6) USE OF ALLOCATIONS.—^An allocation to a State under 
this subsection shall be used to carry out the innovative seat 
belt projects described in the State plan for which the allocation 
is awarded. 
"(7) FEDERAL SHARE.—The Federal share of the cost of 
an innovative seat belt project under this section shall be 
100 percent. 
"(8) PERIOD OF AVAILABILITY.—^Amounts allocated to a State 
under this subsection shall remain available for obligation in 
the State for a period of 3 years after the last day of the 
fiscal year for which the amounts are allocated. 
"(g) FUNDING.— 
"(1) IN GENERAL.—^There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $82,000,000 for fiscal year 
1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal 
year 2001, $112,000,000 for fiscal year 2002, and $112,000,000 
for fiscal year 2003. 
"(2) PROPORTIONATE ADJUSTMENT.—If the total amounts 
to be allocated under subsection (c) for any fiscal year would 
exceed the amounts authorized for the fiscal year under para-
graph (1), the allocation to each State under subsection (c) 
shall be reduced proportionately. 
"(3) USE OF UNALLOCATED FUNDS.— 
"(A) FISCAL YEAR 1999.—TO the extent that the amounts 
made available for fiscal year 1999 under paragraph (1) 
exceed the total amounts to be allocated under subsection 
(c) for fiscal year 1999, the excess amounts— 
"(i) shall be apportioned in accordance with section 
104(b)(3); 
"(ii) shall be considered to be sums made available 
for expenditure on the surface transportation program, 
except that the amounts shall not be subject to section 
133(d); and 
112 STAT. 240 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(iii) shall be available for any purpose eligible 
for funding under section 133. 
"(B) FISCAL YEARS 2000 THROUGH 2003.—^To the extent 
that the amounts made available for any of fiscal years 
2000 through 2003 under paragraph (1) exceed the total 
amounts to be allocated under subsection (c) for the fiscal 
year, the excess amounts shall be used to make allocations 
under subsection (f).". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 157 and inserting the following: 
"157. Safety incentive grants for use of seat belts.". 
i3 use 157 note. 
(c) SAVINGS CLAUSE.—The amendment made by subsection (a) 
shall not affect any funds apportioned or allocated before the date 
of enactment of this Act. 
SEC. 1
4
0
4
. 
SAFETY 
INCENTIVES 
TO 
PREVENT 
OPERATION 
OF 
MOTOR 
VEHICLES 
BY 
INTOXICATED 
PERSONS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by adding at the end the following: 
*
*
§ 163. Safety incentives to prevent operation of motor 
vehicles by intoxicated persons 
"(a) GENERAL AUTHORITY.—The Secretary shall make a grant, 
in accordance with this section, to any State that has enacted 
and is enforcing a law that provides that any person with a blood 
alcohol concentration of 0.08 percent or greater while operating 
a motor vehicle in the State shall be deemed to have committed 
a per se offense of driving while intoxicated (or an equivalent 
per se offense). 
"(b) GRANTS.—For each fiscal year, funds authorized to carry 
out this section shall be apportioned to each State that has enacted 
and is enforcing a law meeting the requirements of subsection 
(a) in an amount determined by multiplying— 
"(1) the amount authorized to carry out this section for 
the fiscal year; by 
"(2) the ratio that the amount of funds apportioned to 
each such State under section 402 for such fiscal year bears 
to the total amount of funds apportioned to all such States 
under section 402 for such fiscal year. 
"(c) USE OF GRANTS.—^A State may obligate funds apportioned 
under subsection (b) for any project eligible for assistance under 
this title. 
"(d) FEDERAL SHARE.—The Federal share of the cost of a project 
funded under this section shall be 100 percent. 
"(e) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^There are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $55,000,000 for fiscal year 
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal 
year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for 
fiscal year 2002, and $110,000,000 for fiscal year 2003. 
"(2) AVAILABILITY OF FUNDS.—^Notwithstanding section 
118(b)(2), the funds authorized by this subsection shall remain 
available until expended.". 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 241 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
title 23, United States Code, is amended by adding at the end 
the following: 
"Sec. 163. Safety incentives to prevent operation of motor vehicles by intoxicated 
persons.". 
Subtitle E—Finance 
CHAPTER 1—TRANSPORTATION INFRASTRUCTURE 
FINANCE AND INNOVATION 
SEC. 1501. SHORT TITLE. 
This chapter may be cited as the "Transportation Infrastructure 
Finance and Innovation Act of 1998". 
SEC. 1502. FINDINGS. 
Congress finds that— 
(1) a well-developed system of transportation infrastructure 
is critical to the economic well-being, health, and welfare of 
the people of the United States; 
(2) traditional public funding techniques such as grant 
programs are unable to keep pace with the infrastructure 
investment needs of the United States because of budgetary 
constraints at the Federal, State, and local levels of government; 
(3) major transportation infrastructure 
facilities 
that 
address critical national needs, such as intermodal facilities, 
border crossings, and multistate trade corridors, are of a scale 
that exceeds the capacity of Federal and State assistance pro-
grams in effect on the date of enactment of this Act; 
(4) new investment capital can be attracted to infrastruc-
ture projects that are capable of generating their own revenue 
streams through user charges or other dedicated funding 
sources; and 
(5) a Federal credit program for projects of national signifi-
cance can complement existing funding resources by filling 
market gaps, thereby leveraging substantial private co-invest-
ment. 
SEC. 1503. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by adding at the end the following: 
"SUBCHAPTER 
II—INFRASTRUCTURE 
FINANCE 
**^ 181. Definitions 
"In this subchapter, the following definitions apply: 
"(1) ELIGIBLE PROJECT COSTS.—The term 'eligible project 
costs' means amounts substantially all of which are paid by, 
or for the account of, an obligor in connection with a project, 
including the cost of— 
"(A) development phase activities, including planning, 
feasibility analysis, revenue forecasting, environmental 
review, permitting, preliminary engineering and design 
work, and other preconstruction activities; 
"(B) 
construction, 
reconstruction, 
rehabilitation, 
replacement, and acquisition of real property (including 
land related to the project and improvements to land). 
Transportation 
Infrastructure 
Finance and 
Innovation Act 
of 1998. 
Grants. 
Inter-
governmental 
relations. 
Loans. 
23 use 101 note. 
23 use 181 note. 
112 STAT. 242 
PUBLIC LAW 105-178—JUNE 9, 1998 
environmental mitigation, construction contingencies, and 
acquisition of equipment; and 
"(C) capitalized interest necessary to meet market 
requirements, reasonably required reserve funds, capital 
issuance expenses, and other carrying costs 
during 
construction. 
"(2) FEDERAL CREDIT INSTRUMENT.—^The term 'Federal 
credit instrument' means a secured loan, loan guarantee, or 
line of credit authorized to be made available under this sub-
chapter with respect to a project. 
"(3) INVESTMENT-GRADE RATING.—^The term 'investment-
grade rating* means a rating category of BBB minus, Baa3, 
or higher assigned by a rating agency to project obligations 
offered into the capital markets. 
"(4) LENDER.—^The term 'lender' means any non-Federal 
qualified institutional buyer (as defined in section 230.144A(a) 
of title 17, Code of Federal Regulations (or any successor regula-
tion), known as Rule 144A(a) of the Securities and Exchange 
Commission and issued under the Securities Act of 1933 (15 
U.S.C. 77a et seq.)), including— 
"(A) a qualified retirement plan (as defined in section 
4974(c) of the Internal Revenue Code of 1986) that is 
a qualified institutional buyer; and 
"(B) a governmental plan (as defined in section 414(d) 
of the Internal Revenue Code of 1986) that is a qualified 
institutional buyer. 
"(5) LINE OF CREDIT.—^The term 'line of credit' means an 
agreement entered into by the Secretary with an obligor under 
section 184 to provide a direct loan at a future date upon 
the occurrence of certain events. 
"(6) LOAN GUARANTEE.—^The term 'loan guarantee' means 
any guarantee or other pledge by the Secretary to pay all 
or part of the principal of and interest on a loan or other 
debt obligation issued by an obligor and funded by a lender. 
"(7) LOCAL SERVICER.—^The term 'local servicer* means— 
"(A) a State infrastructure bank established under this 
title; or 
"(B) a State or local government or any agency of 
a State or local government that is responsible for servicing 
a Federal credit instrument on behalf of the Secretary. 
"(8) OBLIGOR.—^The term 'obligor' means a party primarily 
liable for payment of the principal of or interest on a Federal 
credit instrument, which party may be a corporation, partner-
ship, joint venture, trust, or governmental entity, agency, or 
instrumentality. 
"(9) PROJECT.—^The term 'project' means— 
"(A) any surface transportation project eligible for Fed-
eral assistance under this title or chapter 53 of title 49; 
"(B) a project for an international bridge or tunnel 
for which an international entity authorized under Federal 
or State law is responsible. 
"(C) a project for intercity passenger bus or rail facili-
ties and vehicles, including facilities and vehicles owned 
by the National Railroad Passenger Corporation and 
components of magnetic levitation transportation systems; 
and 
-
^
-
'
- 
• 
• 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 243 
"(D) a project for publicly owned intermodal surface 
freight transfer facilities, other than seaports and airports, 
if the facilities are located on or adjacent to National High-
way System routes or connections to the National Highway 
System. 
"(10) PROJECT OBLIGATION.—The term 'project obligation' 
means any note, bond, debenture, or other debt obligation 
issued by an obligor in connection with the financing of a 
project, other than a Federal credit instrument. 
"(11) RATING AGENCY.—^The term 'rating agency* means 
a bond rating agency identified by the Securities and Exchange 
Commission as a Nationally Recognized Statistical Rating 
Organization. 
"(12) SECURED LOAN.—The term 'secured loan' means a 
direct loan or other debt obligation issued by an obligor and 
funded by the Secretary in connection with the financing of 
a project under section 183. 
"(13) STATE.—^The term 'State' has the meaning given the 
term in section 101. 
"(14) SUBSIDY AMOUNT.—^The term 'subsidy amount' means 
the amount of budget authority sufficient to cover the estimated 
long-term cost to the Federal Grovernment of a Federal credit 
instrument, calculated on a net present value basis, excluding 
administrative costs and any incidental effects on governmental 
receipts or outlays in accordance with the provisions of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
"(15) SUBSTANTIAL COMPLETION.—The term 'substantial 
completion' means the opening of a project to vehicular or 
passenger traffic. 
*
*
§ 182. Determination of eligibility and project selection 
"(a) ELIGIBILITY.—^To be eligible to receive financial assistance 
under this subchapter, a project shall meet the following criteria: 
"(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.— 
The project— 
"(A) shall be included in the State transportation plan 
required under section 135; and 
"(B) at such time as an agreement to make available 
a Federal credit instrument is entered into under this 
subchapter, shall be included in the approved State 
transportation improvement program required under sec-
tion 134. 
"(2) APPLICATION.—^A State, a local servicer identified under 
section 185(a), or the entity undertaking the project shall sub-
mit a project application to the Secretary. 
"(3) ELIGIBLE PROJECT COSTS.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), to be eligible for assistance under this subchapter, 
a project shall have eligible project costs that are reason-
ably anticipated to equator exceed the lesser of— 
"(i) $100,000,000; or 
"(ii) 50 percent of the amount of Federal highway 
assistance funds apportioned for the most recently com-
pleted fiscal year to the State in which the project 
is located. 
"(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.— 
In the case of a project principally involving the installation 
112 STAT. 244 
PUBLIC LAW 105-178—JUNE 9, 1998 
of an intelligent transportation system, eligible project costs 
shall be reasonably anticipated to equal or exceed 
$30,000,000. 
"(4) DEDICATED REVENUE SOURCES.—Project financing shall 
be repayable, in whole or in part, from tolls, user fees, or 
other dedicated revenue sources. 
"(5) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case 
of a project that is undertaken by an entity that is not a 
State or local government or an agency or instrumentality 
of a State or local government, the project that the entity 
is undertaking shall be publicly sponsored as provided in para-
graphs (1) and (2), 
"(b) SELECTION AMONG ELIGIBLE PROJECTS.— 
"(1) ESTABLISHMENT.—The Secretary shall establish criteria 
for selecting among projects that meet the eligibility criteria 
specified in subsection (a). 
"(2) SELECTION CRITERIA.— 
"(A) IN GENERAL.—^The selection criteria shall include 
the following: 
"(i) The extent to which the project is nationally 
or regionally significant, in terms of generating eco-
nomic benefits, supporting international commerce, or 
otherwise enhancing the national transportation sys-
tem, 
"(ii) The creditworthiness of the project, including 
a determination by the Secretary that any financing 
for the project has appropriate security features, such 
as a rate covenant, to ensure repa3anent. 
"(iii) The extent to which assistance under this 
subchapter would foster innovative public-private part-
nerships and attract private debt or equity investment. 
"(iv) The likelihood that assistance under this sub-
chapter would enable the project to proceed at an ear-
lier date than the project would otherwise be able 
to proceed. 
"(v) The extent to which the project uses new 
technologies, including intelligent transportation sys-
tems, that enhance the efficiency of the project. 
"(vi) The amount of budget authority required to 
fund the Federal credit instrument made available 
under this subchapter, 
"(vii) The extent to which the project helps main-
tain or protect the environment. 
"(viii) The extent to which assistance under this 
chapter would reduce the contribution of Federal grant 
assistance to the project, 
"(B) PRELIMINARY RATING OPINION LETTER.—For pur-
poses of subparagraph (A)(ii), the Secretary shall require 
each project applicant to provide a preliminary rating opin-
ion letter from at least 1 rating agency indicating that 
the project's senior obligations have the potential to achieve 
an investment-grade rating. 
"(c) FEDERAL REQUIREMENTS.—In addition to the requirements 
of this title for highway projects, chapter 53 of title 49 for transit 
projects, and section 5333(a) of title 49 for rail projects, the following 
provisions of law shall apply to funds made available under this 
subchapter and projects assisted with the funds: 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 245 
"(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
"(2) The National Environmental Policy Act of 1969 (42 
U.S.C. 432 l e t seq.). 
"(3) The Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). 
'
*
§ 
183. 
Secured 
loans 
"
(
a
) 
IN 
GENERAL.— 
"(1) AGREEMENTS.—Subject to paragraphs (2) through (4), 
the Secretary may enter into agreements with 1 or more obli-
gors to make secured loans, the proceeds of which shall be 
used— 
"(A) to finance eligible project costs; or 
"(B) to refinance interim construction financing of 
eligible project costs; 
of any project selected under section 182. 
"(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION 
FINANCING.—^A loan under paragraph (1) shall not refinance 
interim construction financing under paragraph (1)(B) later 
than 1 year after the date of substantial completion of the 
project. 
"(3) RISK ASSESSMENT.—^Before entering into an agreement 
under this subsection, the Secretary, in consultation with the 
Director of the Office of Management and Budget and each 
rating agency providing a preliminary rating opinion letter 
under section 182(b)(2)(B), shall determine an appropriate cap-
ital reserve subsidy amount for each secured loan, taking into 
account such letter. 
"(4) INVESTMENT-GRADE RATING REQUIREMENT.—^The fund-
ing of a secured loan under this section shall be contingent 
on the project's senior obligations receiving an investment-
grade rating, except that— 
"(A) the Secretary may fund an amount of the secured 
loan not to exceed the capital reserve subsidy amount 
determined under paragraph (3) prior to the obligations 
receiving an investment-grade rating; and 
"(B) the Secretary may fund the remaining portion 
of the secured loan only after the obligations have received 
an investment-grade rating by at least 1 rating agency. 
"(b) TERMS AND LIMITATIONS.— 
"(1) IN GENERAL.—^A secured loan under this section with 
respect to a project shall be on such terms and conditions 
and contain such covenants, representations, warranties, and 
requirements (including requirements for audits) as the Sec-
retary determines appropriate. 
"(2) MAXIMUM AMOUNT.—^The amount of the secured loan 
shall not exceed 33 percent of the reasonably anticipated eligible 
project costs. 
"(3) PAYMENT.—^The secured loan— 
"(A) shall— 
"(i) be payable, in whole or in part, from tolls, 
user fees, or other dedicated revenue sources; and 
"(ii) include a rate covenant, coverage requirement, 
or similar security feature supporting the project 
obligations; and 
112 STAT. 246 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(B) may have a lien on revenues described in subpara-
graph (A) subject to any Hen securing project obligations. 
"(4) INTEREST RATE.—^The interest rate on the secured loan 
shall be not less than the yield on marketable United States 
Treasury securities of a similar maturity to the maturity of 
the secured loan on the date of execution of the loan agreement. 
"(5) MATURITY DATE.—The final maturity date of the 
secured loan shall be not later than 35 years after the date 
of substantial completion of the project. 
"(6) NONSUBORDINATION.—^The secured loan shall not be 
subordinated to the claims of any holder of project obligations 
in the event of bankruptcy, insolvency, or liquidation of the 
obligor. 
"(7) FEES.—^The Secretary may establish fees at a level 
sufficient to cover all or a portion of the costs to the Federal 
Government of making a secured loan under this section. 
"(8) NON-FEDERAL SHARE.—The proceeds of a secured loan 
under this subchapter may be used for any non-Federal share 
of project costs required under this title or chapter 53 of title 
49, if the loan is repayable from non-Federal funds. 
"(c) REPAYMENT.— 
"(1) SCHEDULE.—^The Secretary shall establish a repayment 
schedule for each secured loan under this section based on 
the projected cash flow from project revenues and other repay-
ment sources. 
"(2) COMMENCEMENT.—Scheduled loan repayments of prin-
cipal or interest on a secured loan under this section shall 
commence not later than 5 years after the date of substantial 
completion of the project. 
"(3) SOURCES OF REPAYMENT FUNDS.—^The sources of funds 
for scheduled loan repajmients under this section shall include 
tolls, user fees, or other dedicated revenue sources. 
"(4) DEFERRED PAYMENTS.— 
"(A) AUTHORIZATION.—If, at any time during the 10 
years after the date of substantial completion of the project, 
the project is unable to generate sufficient revenues to 
pay the scheduled loan repa3nnents of principal and interest 
on the secured loan, the Secretary may, subject to subpara-
graph (C), allow the obligor to add unpaid principal and 
interest to the outstanding balance of the secured loan. 
"(B) INTEREST.—^Any payment deferred under subpara-
graph (A) shall— 
"(i) continue to accrue interest in accordance with 
subsection (b)(4) until fully repaid; and 
"(ii) be scheduled to be amortized over the remain-
ing term of the loan beginning not later than 10 years 
after the date of substantial completion of the project 
in accordance with paragraph (1). 
"(C) CRITERIA.— 
"(i) IN GENERAL.—Any payment deferral under 
subparagraph (A) shall be contingent on the project 
meeting criteria established by the Secretary. 
"(ii) REPAYMENT STANDARDS.—The criteria estab-
lished under clause (i) shall include standards for 
reasonable assurance of repayment. 
"(5) PREPAYMENT.— 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 247 
"(A) USE OF EXCESS REVENUES.—^Any excess revenues 
that remain after satisfying scheduled debt service require-
ments on the project obUgations and secured loan and 
all deposit requirements under the terms of any trust 
agreement, bond resolution, or similar agreement securing 
project obligations may be applied annually to prepay the 
secured loan without penalty. 
"(B) USE OF PROCEEDS OF REFINANCING.—^The secured 
loan may be prepaid at any time without penalty from 
the proceeds of refinancing from non-Federal funding 
sources. 
"(d) SALE OF SECURED LOANS.— 
"(1) IN GENERAL.—Subject to paragraph (2), as soon as 
practicable after substantial completion of a project and after 
notifying the obligor, the Secretary may sell to another entity 
or reoffer into the capital markets a secured loan for the project 
if the Secretary determines that the sale or reoffering can 
be made on favorable terms. 
"(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 
under paragraph (1), the Secretary may not change the original 
terms and conditions of the secured loan without the written 
consent of the obligor. 
"(e) LOAN GUARANTEES.— 
"(1) IN GENERAL.—^The Secretary may provide a loan 
guarantee to a lender in lieu of making a secured loan if 
the Secretary determines that the budgetary cost of the loan 
guarantee is substantially the same as that of a secured loan. 
"(2) TERMS.—^The terms of a guaranteed loan shall be 
consistent with the terms set forth in this section for a secured 
loan, except that the rate on the guaranteed loan and any 
prepayment features shall be negotiated between the obligor 
and the lender, with the consent of the Secretary. 
"§ 184. Lines of credit 
"(a) IN GENERAL.— 
"(1) AGREEMENTS.—Subject to paragraphs (2) through (4), 
the Secretary may enter into agreements to make available 
lines of credit to 1 or more obligors in the form of direct 
loans to be made by the Secretary at future dates on the 
occurrence of certain events for any project selected under 
section 182. 
"(2) USE OF PROCEEDS.—^The proceeds of a line of credit 
made available under this section shall be available to pay 
debt service on project obligations issued to finance eligible 
project costs, extraordinary repair and replacement costs, oper-
ation and maintenance expenses, and costs associated with 
unexpected Federal or State environmental restrictions. 
"(3) RISK ASSESSMENT.—Before entering into an agreement 
under this subsection, the Secretary, in consultation with the 
Director of the Office of Management and Budget and each 
rating agency providing a preliminary rating opinion letter 
under section 182(b)(2)(B), shall determine an appropriate cap-
ital reserve subsidy amount for each line of credit, taking 
into account such letter. 
"(4) INVESTMENT-GRADE RATING REQUIREMENT.—^The fund-
ing of a line of credit under this section shall be contingent 
112 STAT. 248 
PUBLIC LAW 105-178—JUNE 9, 1998 
on the project's senior obligations receiving an investment-
grade rating from at least 1 rating agency. 
"(b) TERMS AND LIMITATIONS.— 
"(1) IN GENERAL.—^A line of credit under this section with 
respect to a project shall be on such terms and conditions 
and contain such covenants, representations, warranties, and 
requirements (including requirements for audits) as the Sec-
retary determines appropriate. 
"(2) MAXIMUM AMOUNTS.— 
"(A) TOTAL AMOUNT.—^The total amount of the line 
of credit shall not exceed 33 percent of the reasonably 
anticipated eligible project costs. 
"(B) 1-YEAR DRAWS.—^The amount drawn in any 1 year 
shall not exceed 20 percent of the total amount of the 
line of credit. 
"(3) DRAWS.—^Any draw on the line of credit shall represent 
a direct loan and shall be made only if net revenues from 
the project (including capitalized interest, any debt service 
reserve fund, and any other available reserve) are insufficient 
to pay the costs specified in subsection (a)(2). 
"(4) INTEREST RATE.—^The interest rate on a direct loan 
resulting from a draw on the line of credit shall be not less 
than the yield on 30-year marketable United States Treasury 
securities as of the date on which the line of credit is obligated. 
"(5) SECURITY.—^The line of credit— 
"(A) shall— 
"(i) be payable, in whole or in part, from tolls, 
user fees, or other dedicated revenue sources; and 
"(ii) include a rate covenant, coverage requirement, 
or similar security feature supporting the project 
obligations; and 
"(B) may have a lien on revenues described in subpara-
graph (A) subject to any lien securing project obligations. 
"(6) PERIOD OF AVAILABILITY.—^The line of credit shall be 
available during the period beginning on the date of substantial 
completion of the project and ending not later than 10 years 
after that date. 
"(7) RIGHTS OF THIRD-PARTY CREDITORS.— 
"(A) AGAINST FEDERAL GOVERNMENT.—^A third-party 
creditor of the obligor shall not have any right against 
the Federal Government with respect to any draw on the 
line of credit. 
"(B) ASSIGNMENT.—^An obligor may assign the line of 
credit to 1 or more lenders or to a trustee on the lenders' 
behalf. 
"(8) NONSUBORDINATION.—^A direct loan under this section 
shall not be subordinated to the claims of any holder of project 
obligations in the event of bankruptcy, insolvency, or liquidation 
of the obligor. 
"(9) FEES.—The Secretary may establish fees at a level 
sufficient to cover all or a portion of the costs to the Federal 
Government of providing a line of credit under this section. 
"(10) 
RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—^A 
project that receives a line of credit under this section also 
shall not receive a secured loan or loan guarantee under section 
183 of an amount that, combined with the amount of the 
line of credit, exceeds 33 percent of eligible project costs. 
PUBUC LAW 105-178-^JUNE 9, 1998 
112 STAT. 249 
"(c) REPAYMENT.— 
"(1) TERMS AND CONDITIONS.—^The Secretary shall establish 
repayment terms and conditions for each direct loan under 
this section based on the projected cash flow from project reve-
nues and other repayment sources. 
"(2) TIMING.—^All scheduled repayments of principal or 
interest on a direct loan under this section shall commence 
not later than 5 years after the end of the period of availability 
specified in subsection (b)(6) and be fully repaid, with interest, 
by the date that is 25 years after the end of the period of 
availability specified in subsection (b)(6). 
"(3) SOURCES OF REPAYMENT FUNDS.—^The sources of funds 
for scheduled loan repayments under this section shall include 
tolls, user fees, or other dedicated revenue sources. 
*
*
§ 185. Project servicing 
"(a) REQUIREMENT.—^The State in which a project that receives 
financial assistance under this subchapter is located may identify 
a local servicer to assist the Secretary in servicing the Federal 
credit instrument made available under this subchapter. 
"(b) AGENCY; FEES.—If a State identifies a local servicer under 
subsection (a), the local servicer— 
"(1) shall act as the agent for the Secretary; and 
"(2) may receive a servicing fee, subject to approval by 
the Secretary. 
"(c) LIABILITY.—^A local servicer identified under subsection (a) 
shall not be liable for the obligations of the obligor to the Secretary 
or any lender. 
"(d) ASSISTANCE FROM EXPERT FIRMS.—^The Secretary may 
retain the services of expert firms in the field of municipal and 
project finance to assist in the underwriting and servicing of Federal 
credit instruments. 
*
^
§ 186. State and local permits 
"The provision of financial assistance under this subchapter 
with respect to a project shall not— 
"(1) relieve any recipient of the assistance of any obligation 
to obtain any required State or local permit or approval with 
respect to the project; 
"(2) limit the right of any unit of State or local government 
to approve or regulate any rate of return on private equity 
invested in the project; or 
' 
"(3) otherwise supersede any State or local law (including 
any regulation) applicable to the construction or operation of 
the project. 
**^ 187. Regulations 
"The Secretary may issue such regulations as the Secretary 
determines appropriate to carry out this subchapter. 
"§ 188. Funding 
"(a) FUNDING.— 
"(1) IN GENERAL.—^There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this subchapter— 
"(A) $80,000,000 for fiscal year 1999; 
"(B) $90,000,000 for fiscal year 2000; 
112 STAT. 250 
PUBLIC LAW 105-178^JUNE 9, 1998 
"(C) $110,000,000 for fiscal year 2001; 
"(D) $120,000,000 for fiscal year 2002; and 
"(E) $130,000,000 for fiscal year 2003. 
"(2) ADMINISTRATIVE COSTS.—From funds made available 
under paragraph (1), the Secretary may use. for the administra-
tion of this subchapter, not more than $2,000,000 for each 
of fiscal years 1998 through 2003. 
"(3) AVAILABILITY.—^Amounts made available under para-
graph (1) shall remain available until expended. 
"(b) CONTRACT AUTHORITY.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
law, approval by the Secretary of a Federal credit instrument 
that uses funds made available under this subchapter shall 
be deemed to be acceptance by the United States of a contrac-
tual obligation to fund the Federal credit instrument. 
"(2) AVAILABILITY.—^Amounts authorized under this section 
for a fiscal year shall be available for obligation on October 
1 of the fiscal year. 
"(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of fiscal years 
1998 through 2003, principal amounts of Federal credit instruments 
made available under this subchapter shall be limited to the 
amounts specified in the following table: 
Maximum amount 
"Fiscal year: 
of credit: 
1998 
$1,200,000,000 
1999 
.$1,200,000,000 
2000 
$1,800,000,000 
2001 
$1,800,000,000 
2002 
$2,300,000,000 
2003 
$2,300,000,000. 
"§ 189. Report to Congress 
"Not later than 4 years after the date of enactment of this 
subchapter, the Secretary shall submit to Congress a report 
summarizing the financial performance of the projects that are 
receiving, or have received, assistance under this subchapter, 
including a recommendation as to whether the objectives of this 
subchapter are best served— 
"(1) by continuing the program under the authority of 
the Secretary; 
"(2) by establishing a Government corporation or Govern-
ment-sponsored enterprise to administer the program; or 
"(3) by phasing out the program and relying on the capital 
markets to fund the types of infrastructure investments assisted 
by this subchapter without Federal participation.". 
(b) CONFORMING AMENDMENTS.—Chapter 1 of title 23, United 
States Code, is amended— 
(1) in the analysis— 
(A) by inserting before "Sec." the following: 
"SUBCHAPTER I—GENERAL PROVISIONS"; 
and 
(B) by adding at the end the following: 
"SUBCHAPTER II—INFRASTRUCTURE FINANCE 
"181. Definitions. 
"182. Determination of eligibility and project selection. 
"183. Secured loans. 
"184. Lines of credit. 
"185. Project servicing. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 251 
"186. State and local permits. 
"187. Regulations. 
"188. Funding. 
"189. Report to Congress."; 
and 
(2) by inserting before section 101 the following: 
"SUBCHAPTER I—GENERAL PROVISIONS". 
SEC. 1504. DUTIES OF THE SECRETARY. 
Section 301 of title 49, United States Code, is amended— 
(1) in paragraph (7) by striking "and" at the end; 
(2) in paragraph (8) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(9) develop and coordinate Federal policy on financing 
transportation infrastructure, including the provision of direct 
Federal credit assistance and other techniques used to leverage 
Federal transportation funds.". 
CHAPTER 2—STATE INFRASTRUCTURE BANK PILOT 
PROGRAM 
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM. 
23 USC 181 note. 
(a) DEFINITIONS.—In this section: 
(1) 
OTHER 
ASSISTANCE.—^The term "other 
assistance" 
includes any use of funds in an infrastructure bank— 
(A) to provide credit enhancements; 
(B) to serve as a capital reserve for bond or debt 
instrument financing; 
(C) to subsidize interest rates; 
(D) to ensure the issuance of letters of credit and 
credit instruments; 
(E) to finance purchase and lease agreements with 
respect to transit projects; 
(F) to provide bond or debt financing instrument secu-
rity; and 
(G) to provide other forms of debt financing and meth-
ods of leveraging funds that are approved by the Secretary 
and that relate to the project with respect to which the 
assistance is being provided. 
(2) STATE.—^The term "State" has the meaning given the 
term under section 401 of title 23, United States Code. 
(b) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.— 
(A) PURPOSE OF AGREEMENTS.—Subject to this section, 
the Secretary may enter into cooperative agreements with 
the States of California, Florida, Missouri, and Rhode 
Island for the establishment of State infrastructure banks 
and multistate infrastructure banks for making loans and 
providing other assistance to public and private entities 
carrying out or proposing to carry out projects eligible 
for assistance under this section. 
(B) 
CONTENTS 
OF AGREEMENTS.—Each cooperative 
agreement shall specify procedures and guidelines for 
establishing, operating, and providing assistance from the 
infrastructure bank. 
112 STAT. 252 
PUBLIC LAW 105-178—JUNE 9, 1998 
(2) INTERSTATE COMPACTS.—If 2 or more States enter into 
a cooperative agreement under paragraph (1) with the Secretary 
for the establishment of a multistate infrastructure bank, Con-
gress grants consent to those States to enter into an interstate 
compact establishing the bank in accordance with this section. 
(c) FUNDING.— 
(1) CONTRIBUTION.—Notwithstanding any other provision 
of law, the Secretary may allow, subject to subsection (h)(1), 
a State that enters into a cooperative agreement under this 
section to contribute to the infrastructure bank established 
by the State not to exceed— 
(A)(i) the total amount of funds apportioned to the 
State under each of paragraphs (1), (3), and (4) of section 
104(b) and section 144 of title 23, United States Code, 
excluding funds set aside under paragraphs (1) and (2) 
of section 133(d) of such title; and 
(ii) the total amount of funds allocated to the State 
under section 105 of such title; 
(B) the total amount of funds made available to the 
State or other Federal transit grant recipient for capital 
projects (as defined in section 5302 of title 49, United 
States Code) under sections 5307, 5309, and 5311 of such 
title; and 
(C) the total amount of funds made available to the 
State under subtitle V of title 49, United States Code. 
(2) CAPITALIZATION GRANT.—For the purposes of this sec-
tion. Federal funds contributed to the infrastructure bank under 
this subsection shall constitute a capitalization grant for the 
infrastructure bank. 
(3) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.— 
Funds that are apportioned or allocated to a State under section 
104(b)(3) of title 23, United States Code, and attributed to 
urbanized areas of a State with a population of over 200,000 
individuals under section 133(d)(2) of such title may be used 
to provide assistance from an infrastructure bank under this 
section with respect to a project only if the metropolitan plan-
ning organization designated for the area concurs, in writing, 
with the provision of the assistance. 
(d) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.— 
(1) IN GENERAL.—^An infrastructure bank established under 
this section may make loans or provide other assistance to 
a public or private entity in an amount equal to all or part 
of the cost of carrying out a project eligible for assistance 
under this section. 
(2) SUBORDINATION OF LOANS.—The amount of any loan 
or other assistance provided for the project may be subordinated 
to any other debt financing for the project. 
(3) INITIAL ASSISTANCE.—Initial assistance provided with 
respect to a project from Federal funds contributed to an infra-
structure bank under this section shall not be made in the 
form of a grant. 
(e) QUALIFYING PROJECTS.— 
(1) IN GENERAL.—Subject to paragraph (2), funds in an 
infrastructure bank established under this section may be used 
only to provide assistance with respect to projects eligible for 
assistance under title 23, United States Code, for capital 
projects (as defined in section 5302 of title 49, United States 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 253 
Code), or for any other project related to surface transportation 
that the Secretary determines to be appropriate. 
(2) INTERSTATE FUNDS.—Funds contributed to an infra-
structure bank from funds apportioned to a State under section 
104(b)(4) of title 23, United States Code, may be used only 
to provide assistance with respect to projects eligible for assist-
ance under such paragraph. 
(3) RAIL PROGRAM FUNDS.—Funds contributed to an infra-
structure bank from funds made available to a State under 
subtitle V of title 49, United States Code, shall be used in 
a manner consistent with any project description specified 
under the law making the funds available to the State. 
(f) INFRASTRUCTURE BANK REQUIREMENTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in order to 
establish an infrastructure bank under this section, each State 
establishing such a bank shall— 
(A) contribute, at a minimum, to the bank from non-
Federal sources an amount equal to 25 percent of the 
amount of each capitalization grant made to the State 
and contributed to the bank under subsection (c), except 
that if the State has a higher Federal share payable under 
section 120(b) of title 23, United States Code, the State 
shall be required to contribute only an amount commensu-
rate with the higher Federal share; 
(B) ensure that the bank maintains on a continuing 
basis an investment grade rating on its debt issuances 
and its ability to pay claims under credit enhancement 
programs of the bank; 
(C) ensure that investment income generated by funds 
contributed to the bank will be— 
(i) credited to the bank; 
(ii) available for use in providing loans and other 
assistance to projects eligible for assistance from the 
bank; and 
(iii) invested in United States Treasury securities, 
bank deposits, or such other financing instruments 
as the Secretary may approve to earn interest to 
enhance the leveraging of projects assisted by the bank; 
(D) ensure that any loan from the bank will bear 
interest at or below market rates, as determined by the 
State, to make the project that is the subject of the loan 
feasible; 
(E) ensure that repayment of the loan from the bank 
will commence not later than 5 years after the project 
has been completed or, in the case of a highway project, 
the facility has opened to traffic, whichever is later; 
(F) ensure that the term for repaying any loan will 
not exceed the lesser of— 
(i) 35 years after the date of the first payment 
on the loan under subparagraph (E); or 
(ii) the useful life of the investment; and 
(G) require the bank to make a biennial report to 
the Secretary and to make such other reports as the Sec-
retary may require in guidelines. 
(2) WAIVERS BY THE SECRETARY.—The Secretary may waive 
a requirement of any of subparagraphs (C) through (G) of 
paragraph (1) with respect to an infrastructure bank if the 
112 STAT. 254 
PUBLIC LAW 105-178—JUNE 9, 1998 
Secretary determines that the waiver is consistent with the 
objectives of this section. 
(g) LIMITATION ON REPAYMENTS.—Notwithstanding any other 
provision of law, the repayment of a loan or other assistance pro-
vided from an infrastructure bank under this section may not 
be credited toward the non-Federal share of the cost of any project. 
(h) SECRETARIAL REQUIREMENTS.—In administering this sec-
tion, the Secretary shall— 
(1) ensure that Federal disbursements shall be at an annual 
rate of not more than 20 percent of the amount designated 
by the State for State infrastructure bank capitalization under 
subsection (c)(1), except that the Secretary may disburse funds 
to a State in an amount needed to finance a specific project; 
and 
(2) revise cooperative agreements entered into with States 
under section 350 of the National Highway System Designation 
Act of 1995 (Public Law 104—59) to comply with this section. 
(i) APPLICABILITY OF FEDERAL LAW.— 
(1) IN GENERAL.—^The requirements of titles 23 and 49, 
United States Code, that would otherwise apply to funds made 
available under such title and projects assisted with those 
funds shall apply to— 
(A) funds made available under such title and contrib-
uted to an infrastructure bank established under this sec-
tion, including the non-Federal contribution required under 
subsection (f); and 
(B) projects assisted by the bank through the use of 
the funds; 
except to the extent that the Secretary determines that any 
requirement of such title (other than sections 113 and 114 
of title 23 and section 5333 of title 49), is not consistent with 
the objectives of this section. 
(2) REPAYMENTS.—^The requirements of titles 23 and 49, 
United States Code, shall apply to repayments from non-Fed-
eral sources to an infrastructure bank from projects assisted 
by the bank. Such a repayment shall be considered to be 
Federal funds. 
(j) UNITED STATES NOT OBLIGATED.— 
(1) IN GENERAL.—^The contribution of Federal funds to an 
infrastructure bank established under this section shall not 
be construed as a commitment, guarantee, or obligation on 
the part of the United States to any third party. No third 
party shall have any right against the United States for pay-
ment solely by virtue of the contribution. 
(2) STATEMENT.—^Any security or debt financing instrument 
issued by the infrastructure bank shall expressly state that 
the security or instrument does not constitute a commitment, 
guarantee, or obligation of the United States. 
(k) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 
of title 31, United States Code, shall not apply to funds contributed 
under this section. 
(1) PROGRAM ADMINISTRATION.— 
(1) IN GENERAL.—A State may expend not to exceed 2 
percent of the Federal funds contributed to an infrastructure 
bank established by the State under this section to pay the 
reasonable costs of administering the bank. 
PUBLIC LAW 105-178^JUNF 9, 1998 
112 STAT. 255 
(2) NON-FEDERAL FUNDS.—^The limitation described in para-
graph (1) shall not apply to non-Federal funds. 
Subtitle F—High Priority Projects 
SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, 
is amended by striking section 117 and inserting the following: 
"§ 117. High priority projects program 
"(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—The Sec-
retary is authorized to carry out high priority projects with funds 
made available to carry out the high priority projects program 
under this section. Of amounts made available to carry out this 
section, the Secretary, subject to subsection (b), shall make available 
to carry out each project described in section 1602 of the Transpor-
tation Equity Act for the 21st Century the amount listed for such 
project in such section. Any amounts made available to carry out 
such program that are not allocated for projects described in such 
section shall be available to the Secretary, subject to subsection 
(b), to carry out such other high priority projects as the Secretary 
determines appropriate. 
"(b) ALLOCATION PERCENTAGES.—^For each project to be carried 
out with funds made available to carry out the high priority projects 
program under this section— 
"(1) 11 percent of such amount shall be available for obliga-
tion beginning in fiscal year 1998; 
"(2) 15 percent of such amount shall be available for obliga-
tion beginning in fiscal year 1999; 
"(3) 18 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2000; 
"(4) 18 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2001; 
"(5) 19 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2002; and 
"(6) 19 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2003. 
"(c) FEDERAL SHARE.—^The Federal share payable on account 
of any project carried out with funds made available to carry out 
this section shall be 80 percent of the total cost thereof. 
"(d) DELEGATION TO STATES.—Subject to the provisions of this 
title, the Secretary shall delegate responsibility for carrying out 
a project or projects, with funds made available to carry out this 
section, to the State in which such project or projects are located 
upon request of such State. 
"(e) ADVANCE CONSTRUCTION.—^When a State which has been 
delegated responsibility for a project under this section— 
"(1) has obligated all funds allocated under this section 
and section 1602 of the Transportation Equity Act for the 
21st Century for such project; and 
"(2) proceeds to construct such project without the aid 
of Federal funds in accordance with all procedures and all 
requirements applicable to such project, except insofar as such 
procedures and requirements limit the State to the construction 
of projects with the aid of Federal funds previously allocated 
to it; 
112 STAT. 256 
PUBLIC LAW 105-178-^UNE 9, 1998 
the Secretary, upon the approval of the appUcation of a State, 
shall pay to the State the Federal share of the cost of construction 
of the project when additional funds are allocated for such project 
under this section and section 1602 of the Transportation Equity 
Act for the 21st Century, 
"(f) PERIOD OF AVAILABILITY.—Funds made available to carry 
out this section shall remain available until expended. 
"(g) 
AVAILABILITY OF OBLIGATION 
LIMITATION.—Obligation 
authority attributable to funds made available to carry out this 
section shall only be available for the purposes of this section 
and shall remain available until obligated pursuant to section 
1102(g) of the Transportation Equity Act for the 21st Century. 
"(h) TREATMENT.—^Funds allocated to a State in accordance 
with this section shall be treated as amounts in addition to the 
amounts a State is apportioned under sections 104, 105, and 144 
for programmatic purposes.". 
23 use 145. 
(b) PURPOSE OF PROJECTS.—Section 145 of such title is 
amended— 
(1) by 
inserting 
"(a) 
PROTECTION 
OF 
STATE 
SOV-
EREIGNTY.—" before "The authorization"; and 
(2) by adding at the end the following: 
"(b) PURPOSE OF PROJECTS.—The projects described in section 
1602 of the Transportation Equity Act for the 21st Century, sections 
1103 through 1108 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) 
of the Surface Transportation and Uniform Relocation Assistance 
Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligi-
bility for Federal-aid highway funds made available for such projects 
by section 1101(a)(13) of the Transportation Equity Act for the 
21st Century, 117 of title 23, United States Code, sections 1103 
through 1108 of the Intermodal Surface Transportation Efficiency 
Act of 1991, and subsections (b), (c), and (d) of section 149 of 
the Surface Transportation and Uniform Relocation Assistance Act 
of 1987, respectively, and are not intended to define the scope 
or limits of Federal action in a manner inconsistent with subsection 
(a).". 
(c) CONFORMING AMENDMENT.—^The analysis for chapter 1 of 
such title'is amended by striking the item relating to section 117 
and inserting the following: 
"117. High priority projects program.". 
SEC. 1602. PROJECT AUTHORIZATIONS. 
Subject to section 117 of title 23, United States Code, the 
amount listed for each high priority project in the following table 
shall be available (from amounts made available by section 
1101(a)(13) of the Transportation Equity Act for the 21st Century) 
for fiscal years 1998 through 2003 to carry out each such project: 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 257 
No. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 
29. 
State 
Ohio 
Virginia 
California 
Utah 
Ohio 
New York 
New York 
California 
Washington 
Ohio 
New York 
California 
Tennessee 
New Jersey 
Pennsylvania 
Louisiana 
Georgia 
Ohio 
Project description 
1-75 advanced transportation 
manage-
ment system in Cobb County 
Relocate Washington Street/SR 149 within 
Bellaire city limits in Belmont County .. 
Commuter and freight rail congestion and 
mitigation project over Quantico Creek 
Construct 
bike 
path 
between 
Mount 
Clemens and New Baltimore 
Extend I-10 HOV lanes, Los Angeles 
Reconstruct U.S. 89 and interchange at 
200 North in Kaysville 
Upgrade North Road between U.S. 422 
and 
East 
Market 
Street, 
Trumbull 
County 
Alternative transportation systems, Ruth-
erford 
Improve Long Ridge Road from Pound 
Ridge Road to Connecticut State line .... 
1-87 Noise Abatement Program 
Upgrade access road to Mare Island 
Reconstruct FM 364 between 
Humble 
Road and I-10, Beaumont 
Construct pedestrian access and safety on 
Deception Pass Bridge, Deception Pass 
State Park, Washington 
Conduct feasibility study for inclusion of 
U.S. 22 as part of the Interstate System 
Improve Route 9 in Dutchess County 
Reconstruct State Route 81 (Sierra Ave-
nue) and I-10 Interchange in Fontana .. 
Reconstruct 
Springfield 
Boulevard 
be-
tween the Long Island Rail main line 
south to Rockaway Boulevard, Queens 
Reconstruction of U.S. 414 in Henderson 
Upgrade Market Street/Essex Street and 
Rochelle Avenue/Main Street to facili-
tate access to Routes 17 and 80, Bergen 
U.S. 209 Marshall's Creek Traffic Relief 
project in Monroe County 
Replace ferry in Plaquemines Parish 
Construct access routes between inter-
state highway, industrial 
park 
and 
Slackwater Harbor, Little Rock 
Reconstruct SR 26AJ.S. 60 from Bull River 
to Lazaretto Creek 
Improve SR 91/Green River Road inter-
Construct new bridge over Muskingum 
River and highway approaches, Wash-
ington County 
Widen Route 123 from Prince William 
County line to State Route 645 in Fair-
fax County, Virginia 
Improve the interchange at Cabo and 
Nason Street in Moreno Valley 
Canamex Corridor Innovative Urban Ren-
Construct bikeways, Santa Maria 
(Dollars in 
millions) 
1.275 
2 
7.5 
3.75 
2.205 
5.25 
1.2 
5.1 
1.4 
7.5 
0.75 
3.6 
1 
0.1 
L14 
7.5 
3 
3.75 
3.75 
7.5 
1.6125 
0.75 
2.6625 
4.875 
1.5 
7.5 
4.5 
5.25 
0.384 
112 STAT. 258 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
30. 
31. 
32. 
33. 
34. 
35. 
36. 
37. 
38. 
39. 
40. 
41. 
42. 
43. 
44. 
45. 
46. 
47. 
48. 
49. 
50. 
51. 
52. 
53. 
54. 
State 
Louisiana 
Florida 
Oregon 
Illinois 
Pennsylvania 
California 
New Jersey 
Oregon 
Ohio 
Connecticut 
Alaska 
New York 
Virginia 
Pennsylvania 
New York 
Pennsylvania 
Nebraska 
Pennsylvania 
Pennsylvania 
Connecticut 
Tennessee 
Pennsylvania 
Oregon 
Washington 
New York 
Project description 
Expand Harding Road from Scenic High-
way to the Mississippi River and con-
struct an information center 
West Palm Beach Traffic Calming Project 
on U.S. 1 and Flagur Drive 
Construct bike path 
paralleling 
42nd 
Street to link with existing bike path, 
Springfield 
Construct elevated walkway between Cen-
tre Station and arena 
Construct Ardmore Streetscape project 
Construct San Diego and Arizona Eastern 
Intermodal Yard, San Ysidro 
Replace Clove Road bridge over tributary 
of Mill Brook and Clove Brook in Sussex 
County 
Design and engineering for Newberg— 
Dundee Bypass 
Upgrade U.S. Route 33 between vicinity of 
Haydenville to Floodwood (Nelsonville 
Bypass) 
Revise interchange ramp on to Route 72 
northbound from 1-84 East in Plain-
ville, Connecticut 
Construct 
Spruce 
Creek 
Bridge 
in 
Soldotna 
Undertake studies, planning, engineering, 
design and construction of a tunnel al-
ternative to reconstruction of existing 
elevated expressway (Gowanus tunnel 
Reconstruct SR 168 (Battlefield Boule-
vard) in Chesapeake 
Upgrade PA 228 (Crows Run Corridor) 
Upgrade and improve Saratoga to Albany 
intermodal transportation corridor 
Widen Montgomery Alley and improve pe-
destrian and parking facilites in the vi-
cinity of the Falling Spring, Chambers-
Corridor study for Plattsmouth Bridge 
area to U.S. 75 and Homing Road 
Construct SR 3019 over Great Trough 
Creek in Huntingdon County 
Improve PA 56 from 1-99 to Somerset 
County Line in Bedford County 
Replace Windham Road bridge, Windham 
Upgrade Briley Parkway between 1-40 
and Opryland 
Renovate Harrisburg Transportation Cen-
ter in Dauphin County 
Construct phase I: Highway 99 to Biddle 
Road of the Highway 62 corridor solu-
tions project 
Construct traffic signals on U.S. 2 at Olds 
Owens Road and 5th Street in Sultan, 
Washington 
Upgrade Route 17 between Five Mile 
Point and Occanum, Broome County 
(Dollars in 
millions) 
2.7 
11.25 
0.6 
0.9 
0.45 
10 
0.75 
0.375 
3.75 
2.8125 
0.2625 
18 
6 
5.4 
12.2 
2 
0.2625 
0.375 
0.75 
1.5 
4.2 
1.875 
15.625 
0.257 
12.6 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 259 
No. 
55. 
56. 
57. 
58. 
59. 
60. 
61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 
71. 
72. 
73. 
74. 
75. 
76. 
77. 
78. 
79. 
80. 
81. 
82. 
83. 
State 
Texas 
Tennessee 
Minnesota 
Minnesota 
Tennessee 
California 
Iowa 
Texas 
Ohio 
Indiana 
California 
Pennsylvania 
Michigan 
Pennsylvania 
California 
New York 
Ohio 
Virginia 
Washington 
New York 
New York 
Illinois 
Michigan 
California 
New Mexico 
Pennsylvania 
Michigan 
Georgia 
North Carolina 
Project description 
Improve U.S. 82, East-West Freeway be-
tween Memphis Avenue and University 
Avenue 
Construct Stones River Greenway, David-
son 
Conduct study of potential for diversion of 
traffic from the 1-35 corridor to com-
muter rail, Chicago County north of 
Forest Lake along 1-35 corridor to Rush 
City 
Upgrade 10th Street South, Street Cloud 
Improve State Road 95 from Westover 
Drive to SR 62 in Roane and Anderson 
Counties 
Construct Ontario International Airport 
ground access program 
Construct four-lane expressway between 
Des Moines and Marshall 
town 
Upgrade FM 225, Nacogdoches 
Upgrade U.S. Route 35 between vicinity of 
Chillicothe to Village of Richmond Dale 
Upgrade 93rd Avenue in Merrillville 
Improve streets and construct bicycle 
path, Westlake Village 
Upgrade 1-95 between Lehigh Avenue 
and Columbia Avenue and improve-
ments to Girard Avenue/I-95 inter-
change, Philadelphia 
Construct I-96/Beck Wixom Road inter-
change 
Construct I-95/Route 332 interchange 
Improve streets and construct bicycle 
path, Calabasas 
Construct Hutton Bridge Project 
Restore Main and First Streets to two-
way traffic, Miamisburg 
Widen 1-64 Bland Boulevard interchange 
Widen Cook Road in Skagit 
County, 
Washington 
Construct interchange and connector road 
using ITS testbed capabilities at 1-90 
Exit 8 
Construct 
Edgewater 
Road 
Dedicated 
Truck Route 
Upgrade Illinois 336 between Illinois 61 to 
south of Loraine 
Reconstruct Bagley Street and improve 
Genschaw Road, Alpena 
Construct Third Street South Bay Basin 
Bridge, San Francisco 
Improve 1
—
2
5 at Raton Pass 
Construct Mon-Fayette Expressway be-
tween Union Town and Brownsville 
Upgrade Hill Road corridor between 1-75 
to Dort Highway, Genesee County 
Improve GA 316 in Gwinnett County 
Construct segment of new freeway, includ-
ing right-of-way acquisition, between 
East of U.S. 401 to 1-95, and bridge 
over Cape Fear River 
(Dollars in 
millions) 
12.3 
8.2 
0.375 
1.125 
3.675 
10.5 
7.5 
3 
3.75 
4.425 
0.236 
21.45 
1.95 
1.5 
0.75 
1 
0.3375 
25.8375 
3.1 
8.775 
9 
3.825 
0.45 
9.375 
9 
20 
2.25 
30.675 
12 
112 STAT. 260 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
84. 
85. 
86. 
87. 
88. 
89. 
90. 
91. 
92. 
93. 
94. 
95. 
96. 
97. 
98. 
99. 
100. 
101. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
State 
Florida 
Illinois 
South Carolina 
Maine 
Texas 
Pennsylvania 
North Carolina 
Virginia 
Pennsylvania 
Minnesota 
Georgia 
Texas 
New York 
Ohio 
California 
Indiana 
Project description 
Construct U.S. 98/Thomas Drive inter-
change 
Construct I-64/North Greenmount Road 
interchange, St. Clair County 
Three River Greenway Project to and from 
Gervals Street in Columbia 
Upgrade Chenango County Route 32 in 
Construct I-95/Stillwater Avenue inter-
Construct I-495/Route 2 interchange east 
of existing interchange to provide access 
to commuter rail station, Littleton 
Construct 
Seaview 
Avenue 
Corridor 
Construct transportation improvements as 
part of redevelopment of Kelly AFB, 
San Antonio 
Conduct pipeline express study through 
Texas Transportation Institute (A&M 
Undertake 
improvements 
to 
Campus 
Transportation System, Chicago 
Improve walking and biking trails be-
tween Easton and Lehigh Gorge State 
Park within the Delaware and Lehigh 
Canal National Heritage Corridor 
Upgrade and make improvements to the 
Walton Corridor project including seg-
ments of Walton Boulevard, Baldwin 
and Joslyn Roads, and Telegraph Road 
Construct Charlotte Western Outer Loop 
freeway, Mecklenburg County 
Reconstruct U.S. 79 between Milan and 
Undertake access improvements for Free-
mason Harbor Development Initiative, 
Upgrade U.S. Route 119 between Homer 
City and Blairsville 
Construct pedestrian bridge over TH 169 
in Elk River 
Construct Athens to Atlanta Transpor-
Initiate construction on controlled access 
highway between the Eastern edge of 
Madison County and Mississippi State 
Construct improvments along U.S. 69 in-
cluding frontage roads, Jefferson Coun-
ty 
Rehabilitate Broadway Bridge, New York 
City 
Reconstruct Morgan County 37 in Morgan 
Improve 
Mission 
Boulevard 
in 
San 
Widen 116th Street in Carmel 
Undertake traffic mitigation and circula-
tion enhancements, 
57th and Lake 
(Dollars in 
millions) 
8.25 
3.6 
3.75 
1.6 
1.5 
3.15 
2.5 
3.75 
1.125 
1.5 
2.1 
10.5 
12 
3 
L5 
3.05 
0.53025 
6 
3 
5.76 
1.5 
0.4 
0.5 
1.125 
2 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 261 
No. 
109. 
110. 
111. 
112. 
113. 
114. 
115. 
116. 
117. 
118. 
119. 
120. 
121. 
122. 
123. 
124. 
125. 
126. 
127. 
128. 
129. 
130. 
131. 
132. 
133. 
134. 
State 
Georgia 
Ohio 
Kentucky 
Illinois 
Minnesota 
Kentucky 
South Dakota 
Georgia 
Pennsylvania 
Georgia 
New Jersey 
Mississippi 
New Jersey 
Pennsylvania 
Idaho 
Illinois 
Illinois 
Minnesota 
Kentucky 
Texas 
Massachusetts 
New York 
Virginia 
Illinois 
Illinois 
Pennsylvania 
1 
Project description 
Construct Rome to Memphis Highway in 
Floyd and Bartow Counties 
Construct highway-rail grade separations 
on Snow Road in Brook Park 
Construct highway-rail grade separations 
along the City Lead in Paducah 
Resurface S. Chicago Avenue from 71st to 
95th Streets, Chicago 
Upgrade TH 13 between TH 77 and 1-494 
Redevelop and improve ground access to 
Louisville Waterfront District in Louis-
ville, Kentucky 
Construct U.S. 16 Hell Canyon Bridge and 
approaches in Custer County 
Resurface Davis Drive, Green Street, and 
North Houston Road in Warner Robins 
Construct highway-transit transfer facility 
in Lemoyne 
Upgrade 1-75 between the Crisp/Dooly 
County line to the Florida State line 
Conduct Route 46 Corridor Improvement 
Project 
with 
the 
amount 
provided, 
$8,625,000 for the Route 46/Riverview 
Drive 
Interchange 
reconstruction 
project, $12,675,000 for the Route 46/ 
Van 
Houton 
Avenue 
reconstruction 
project, and $3,075,000 for the Route 
46/Union Boulevard interchange recon-
struction project 
Construct segment 2 of the Jackson Uni-
versity Parkway in Jackson 
Improve grade separations on the Garden 
State Parkway in Cape May County, 
New Jersey 
Construct access to site of former Phila-
delphia 
Naval 
Shipyard 
and 
Base, 
Philadelphia 
Reconstruct U.S. 95 from Bellgrove to 
Mica 
Improve access to 93rd Street Station, 
Chicago 
Rehabilitate WPA Streets in Chicago 
Construct grade crossing improvements, 
Morrison County 
Extend 
Hurstboume 
Parkway 
from 
Bardstown Road to Fern Valley Road .... 
Upgrade 
SH 
130 
in 
Caldwell 
and 
Williamson Counties 
Construct bikeway between Blackstone 
and Worcester 
Rehabilitate roads. Village of Great Neck 
Widen 1-81 in Roanoke and Botetourt 
Counties and in Rockbridge, Augusta 
and Rockingham Counties 
Construct an interchange at 1-90 and Illi-
nois Route 173 in Rockford 
Engineering for Peoria to Chicago express-
way 
Construct access improvements between 
exits 56 and 57 off 1-81 in Lackawanna 
(Dollars in 
millions) 
0.584 
4.75 
0.825 
0.795 
1.5 
2.84 
0.441 
0.3 
1.5 
8.25 
24.375 
0.6875 
10.5 
1.5 
9 
2.25 
4.7 
1.35 
4.56 
0.75 
6 
0 12 
4 
5.625 
5 
1.275 
112 STAT. 262 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
135. 
136. 
137. 
138. 
139. 
140. 
141. 
142. 
143. 
144. 
145. 
146. 
147. 
148. 
149. 
150. 
151. 
152. 
153. 
154. 
155. 
156. 
157. 
158. 
159. 
160. 
161. 
State 
California 
Michigan 
Illinois 
New York 
Minnesota 
Pennsylvania 
Illinois 
Missouri 
Michigan 
Louisiana 
Tennessee 
Texas 
Pennsylvania 
Tennessee 
Illinois 
Indiana 
Georgia 
Arkansas 
Tennessee 
Missouri 
Minnesota 
Alabama 
Michigan 
Illinois 
New York 
California 
Project description 
Reconstruct 
Tennessee 
Valley 
Bridge, 
Marin County 
Improvements to Card Road between 21 
Mile Road and 23 Mile Road in Macomb 
County 
Construct Veterans Parkway from East-
land Drive to Commerce Parkway in 
Bloomington 
Conduct safety study and improve 1-90 in 
Downtown Buffalo 
Upgrade CSAH 1 from CSAH 61 to 0.8 
miles north 
Construct access road and parking facili-
ties, Valley Forge National 
Historic 
Park, Valley Forge 
Construct Orchard Road Bridge over the 
Fox River 
Construct U.S. 412 corridor from Kennett 
to Hayti, Missouri 
Upgrade 
M 
84 
connector 
between 
Tittabawasee Road and M 13, Bay and 
Saginaw Counties 
Increase capacity of Lake Pontchartrain 
Improve the Elizabethon Connector from 
U.S. 312 to U.S. 19 East 
Construct Austin to San Antonio Corridor 
Make safety improvements on PA Route 
61 (Dusselfink Safety Project) between 
Route 183 in Cressona and SR 0215 in 
Mount Carbon 
Improve State Route 92 from 1-40 to 
South of Jefferson City 
Planning, engineering and first phase con-
struction of beltway connector, Decatur 
Safety improvements to McKinley and 
Riverside Avenues in Muncie 
Widen Georgia Route 6/U.S. 278 in Polk 
County 
Widen 28th Street and related improve-
ments in Van Buren, Arkansas 
Reconstruct Old Walland Highway bridge 
over Little River in Townsend 
Construct Highway 36 Hannibal Bridge 
and approaches in Marion County 
Construct Cass County Public Trails Cor-
Construct Eastern Black Warrior River 
Bridge 
Construct 
Monroe 
Rail 
Consolidation 
Project, Monroe 
Rehabilitate 95th Street between 54th 
Place and 50th Avenue, Oak Lawn 
Construct Hamilton Street interchange in 
Erwin, New York 
Improve 6th and Columbia Street project 
in Elmira 
Enhance Fort Bragg and Willitis pas-
senger stations 
(Dollars in 
millions) 
0.75 
0.975 
7.88 
0.4 
0.36 
3 
5.25 
6 
13.135 
1 
6.3375 
5.625 
7 
3.4125 
2 
6.825 
5.666 
0.75 
1.26 
2.4 
0.18 
13 
4.5 
0.6 
12.375 
0.525 
0.275 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 263 
No. 
162. 
163. 
164. 
165. 
166. 
167. 
168. 
169. 
170. 
171. 
172. 
173. 
174. 
175. 
176. 
177. 
178. 
179. 
180. 
181. 
182. 
183. 
184. 
185. 
186. 
187. 
State 
New York 
New Jersey 
Pennsylvania 
Wyoming 
Michigan 
Michigan 
Illinois 
Vermont 
Massachusetts 
Oregon 
Massachusetts 
California 
Ohio 
California 
Illinois 
Georgia 
Tennessee 
Washington 
Virginia 
Iowa 
Oregon 
New Jersey 
Ohio 
California 
Project description 
Capital improvements for the car float op-
erations in Brooklyn, New York, for the 
New York City Economic Development 
Corp 
Construct New Jersey Exit 13A Flyover 
(extension of Kapowski Road to Trum-
bull Street) 
Relocate U.S. 22 around the Borough of 
Holidaysburg, PA, or other projects in 
the counties of Bedford, Blair, Centre, 
Franklin, Mifilin, Fulton and Clearfield, 
and Huntingdon as selected by the 
Commonwealth of Pennsylvania 
Construct 
Jackson-Teton 
Pathway 
in 
Teton County 
Construct improvements to 23 Mile Road 
between 
Moirnd Road 
and 
M 53, 
Macomb County 
Early preliminary engineering/preliminary 
engineering to U.S. 131 B.R./Industrial 
Connector, Kalamazoo, Michigan 
Construct improvements to segment of 
Town Creek Road, Jackson County 
Replace Missisquoi Bay Bridge 
Upgrade Sacramento Street underpass. 
Somerville 
Study and design I-5/Beltline Road inter-
change reconstruction 
Construct accessibility improvments to 
Charles Street T Station, Boston 
Widen and improve I-5/State Route 126 
interchange in Valencia 
Widen Highway 65/82 from Pine Bluff to 
the Mississippi State line 
Rehabilitate Martin Luther King, Jr. 
Bridge, Toledo 
Upgrade 1-880, Alameda 
Right-of-way acquisition for segment of 
Alton Bypass between Illinois 143 to Il-
linois 140 near Alton 
Conduct study of a multimodal transpor-
tation corridor along GA 400 
Reconstruct Dixie Highway, Harvey 
Construct State Route 131 from Gill Road 
to Bishop Road 
Construct Port of Kalama River Bridge .... 
Upgrade Virginia Route 10, Surrey Coun-
ty 
Reconstruct U.S. Highway 218 between 
7th and 20th Streets inlcuding center 
turn lane from Hubenthal Place to Car-
bide Lane, Keokuk 
Repair bridge over Rogue River, Gold 
Construct pedestrian bridge in Washing-
Construct Chesapeake Bypass, Lawrence 
Rehabilitate historic train depot in San 
Bemadino 
(Dollars in 
millions) 
14 
2 
25 
1.5 
2.25 
1.5 
0.975 
12 
0.1875 
3 
3 
10.425 
5.375 
1.5 
7.5 
3 
17.25 
0.3705 
1.8 
0.675 
0.75 
2.5 
10 
2.25 
3.75 
2.625 
68-194 O - 98 - 10: QL 3 Part 1 
112 STAT. 264 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
188. 
189. 
190. 
191. 
192. 
193. 
194. 
195. 
196. 
197. 
198. 
199. 
200. 
201. 
202. 
203. 
204. 
205. 
206. 
207. 
208. 
209. 
210. 
211. 
212. 
213. 
214. 
State 
Michigan 
Alabama 
New York 
Rhode Island 
Michigan 
California 
Michigan 
Illinois 
Texas 
California 
Washington 
Minnesota 
Louisiana 
Illinois 
New York 
North Carolina 
Alabama 
South Dakota 
Ohio 
Mississippi 
Wisconsin 
Michigan 
California 
New York 
Project description 
Construct improvements to Linden Road 
between Maple Avenue and Pierson 
Road, Genessee County 
Construct Crepe Myrtle Trail near Mobile 
Reconstruct Route 23/Route 205 intersec-
tion in Oneonta 
Reconstruct interchanges on Route 116 
between Route 146 and Ashton Viaduct, 
Construct 
route 
improvements 
along 
Washington Avenue between Janes Ave-
nue to Johnson Street and East Cren-
esee Avenue between Saginaw River 
and Janes Avenue, Saginaw 
Realign and improve California Route 79 
in Riverside County 
Construct Tawas Beach Road/U.S. 23 
interchange improvements, East Tawas 
Rehabilitate Timber Bridge over Little 
Muddy River and approach roadway. 
Perry County 
Upgrade Cowan-Lorraine Road between I-
10 and U.S. 90, Harrison County 
Construct Alameda Corridor East project 
Construct 1-5 interchanges 
in 
Lewis 
Undertake improvements to Hennepin 
County Bikeway 
Construct Alton Bypass from IL 40 to 
Fosterburg Road 
Construct Houma-Thibodaux to I-10 con-
nector from Gramercy to Houma 
Study for new bridge over Mississippi 
River with terminus points in Street 
Clair County and Street Louis, MO 
Rehabilitate Queens Boulevard/Sunnyside 
Yard Bridge, New York City 
Construct 
segment 
of 
1-74 
between 
Maxton Bypass and NC 710, Robeson 
Conduct engineering, acquire right-of-way 
and construct the Birmingham North-
em Beltline in Jefferson County 
Replace Meridan Bridge 
Upgrade Route 82, Strongsville 
Construct I-20/Norrell Road interchange. 
Hinds County 
Reconstruct U.S. Highway 151, Waupun 
Improve Kent County Airport road access 
in Grand Rapids, Michigan by extend-
ing 36th Street, improving 48th Street 
and constructing the I-96/Whitneyville 
interchange 
Replace Dellville Bridge in Wheatfield 
Upgrade Ft. Irwin Road from 1-15 to Fort 
Reconstruct 127th Street viaduct. New 
York City 
(Dollars in 
millions) 
0.9 
1.2 
0.85 
0.33375 
2.7 
4.5 
1.65 
0.105 
0.75 
8.5 
9.5625 
4.9875 
3.9 
1.875 
2.325 
1.05 
6 
L5 
17 
3.25 
5.25 
3.75 
19.5 
11.28 
0.75 
L125 
1.5 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 265 
No. 
215. 
216. 
217. 
218. 
219. 
220. 
221. 
222. 
223. 
224. 
225. 
226. 
227. 
228. 
229. 
230. 
231. 
232. 
233. 
234. 
235. 
236. 
237. 
238. 
239. 
State 
Arkansas 
Louisiana 
Colorado 
Pennsylvania 
Wisconsin 
Wisconsin 
New York 
Tennessee 
Illinois 
California 
Dist. of Columbia .. 
California 
Pennsylvania 
Pennsylvania 
Project description 
Upgrade U.S. Route 67, Newport to Mis-
souri State line 
Extend Howard Avenue to Union Pas-
senger Terminal, New Orleans 
Complete the Powers Boulevard north ex-
tension in Colorado Springs 
Widen U.S. 30 from U.S. 222 to PA 340 
and from PA 283 to PA 741 
Upgrade Route 219 between Meyersdale 
and Somerset 
Widen MS 15 from Laurel to Louiseville .. 
Construct bike paths, Thousand Oaks 
Investigate strategies to reduce congestion 
and facilitate access at the international 
Upgrade 
Marshfield 
Boulevard, 
Construct Abbotsford Bypass 
Reconstruct Route 25/Route 27 intersec-
tion in Street Lawrence County 
Upgrade access to Sylmar/San Fernando 
Metrolink Station and Westfield Village, 
Los Angeles 
Construct park and ride intermodal cen-
ters 
for Nashville/Middle 
Tennessee 
Commuter Rail 
Upgrade Street Marie Township Road, 
Jasper County 
Resurface 95th Street between Western 
Avenue and Stony Island Boulevard, 
Construct new exit 46A on 1-90 at Route 
170 in North Chili 
Upgrade 4 warning devices on north/south 
rail line from Terre Haute to Evansville 
Improve SR 70 from Marysville Bypass to 
Oroville Freeway 
Implement Geographical Information Sys-
Construct connector between 1-5 and SR 
113 and reconstruct 1-5 interchange 
with Road 102, Woodland 
Reconstruct State Route 2001 in Pike 
Upgrade 1-680 Corridor, Alameda County 
Reconstruct I-10 and Ryan Street access 
ramps and frontage street improve-
ments, Lake Charles 
Construct access route to Northwest Ar-
kansas Regional Airport in HighfiU 
Reconstruct structures and adjacent road-
way, Etna and Aspenwall (design and 
right-of-way acquisition phases), Alle-
(DoUars in 
millions) 
1.5 
6 
9 
9 
2.4 
7.5 
0.625 
0.375 
3.75 
4.5 
0.75 
0.375 
8 
0.036 
2.34 
6 
0.3 
6.25 
7.5 
11.5 
6.75 
7.5 
6 
12 
2 
112 STAT. 266 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
240. 
241. 
242. 
243. 
244. 
245. 
246. 
247. 
248. 
249. 
250. 
251. 
252. 
253. 
254. 
255. 
256. 
257. 
258. 
259. 
260. 
261. 
262. 
State 
Alaska 
Illinois 
Florida 
Texas 
Minnesota 
Pennsylvania 
Arkansas 
Massachusetts 
Massachusetts 
Washington 
Indiana 
Wisconsin 
Kansas 
California 
Iowa 
Ohio 
Florida 
Pennsylvania 
Louisiana 
Virginia 
1 
Project description 
Construct capital improvements to inter-
modal freight and passenger facilities 
servicing the Alaska Marine Highway 
and other related transportation modes 
in Seward provided that the state public 
authority which owns the current inter-
modal facilities carries out this project 
with the entire amount of funds pro-
vided 
Construct improvements to Pleasant Hill 
Road, Carbondale 
Deploy magnetic lane marking system on 
1-4 
Extend Texas State Highway 154 between 
U.S. SOW and State Highway 43S 
Upgrade CSAH 16 between TH 53 and 
CSAH 4 
Upgrade U.S. Route 22, Chickory Moun-
tain section 
Improve Arkansas State Highway 12 from 
U.S. 71 at Rainbow Curve to Northwest 
Arkansas Regional Airport 
Implement Cape and Islands Rural Roads 
Initiative, Cape Cod 
Reconstruct roadways, Somerville 
Construct Washington Pass visitor facili-
ties on North Cascades Highway 
Construct Hazel Dell Parkway from 96th 
Street to 146th Street in Carmel 
Upgrade Lithonia Industrial Boulevard, 
De Kalb County 
Upgrade STH 29 between IH 94 and 
Chippewa Falls 
Construct Diamond interchange at Anti-
och and I-—435 
Reconstruct 1-215 and construct HOV 
lanes between 2nd Street and 9th 
Street, San Bernardino 
Relocate U.S. 61 to bjrpass Fort Madison .. 
Construct Richton Road, Crete 
Upgrade U.S. 30 from SR 235 in Hancock 
County to the Ontario bypass in Rich-
land County 
Construct access road to Street Johns Av-
enue Industrial Park 
Design, engineer, ROW acquisition and 
construct the Luzerne County Commu-
nity College Road between S.R. 2002 
and S.R. 3004 one-mile west of Center 
Street through S.R. 2008 in the vicinity 
of Prospect Street and the Luzerne 
County Community College, including a 
new interchange on S.R. 0029 
Construct 
State 
Highway 
3241/State 
Highway 1088/1-12 interchange in St. 
Tammany Parish 
Improve access to Rantoul Aviation Cen-
ter in Rantoul 
Improve Harrisonburg East Side road-
(Dollars in 
millions) 
4.5 
1.425 
0.375 
4.675 
4.05 
4.85 
0.375 
0.375 
2.25 
0.9 
4.125 
0.375 
4.5 
7.56 
2.0625 
2.25 
1.5 
11.25 
0.75 
10.5 
8.5 
1.6 
0.5 
-•tfl#--.«._< 
" ^ 4 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 267 
No. 
263. 
264. 
265. 
266. 
267. 
268. 
269. 
270. 
271. 
272. 
273. 
274. 
275. 
276. 
277. 
278. 
279. 
280. 
281. 
282. 
283. 
284. 
285. 
286. 
287. 
288. 
289. 
State 
California 
Indiana 
New York 
Massachusetts 
Arkansas 
New York 
California 
Wisconsin 
Pennsylvania 
Utah 
Massachusetts 
Indiana 
New York 
California 
Massachusetts 
Illinois 
Pennsylvania 
Georgia 
Louisiana 
Project description 
Upgrade Highway 99 between State High-
way 70 and Lincoln Road, Sutter Coun-
ty 
Extend East 56th Street in Lawrence 
Construct the Mineola intermodal facility 
and Hicksville intermodal facility in 
Nassau County 
Upgrade IH 30 between Dallas and Ft. 
Worth 
Construct improvements to North Main 
Street in Worcester 
Study and construct a multi-modal facility 
Judd Road Connector in New Hartford 
and Whitestown 
Upgrade 1-5, Salem 
Upgrade call boxes throughout Santa Bar-
bara County 
Upgrade U.S. Route 10 between Waupaca 
to U.S. Route 41 
Reconstruct 1-235 and improve the inter-
change for access to the ML King Park-
way 
Construct Steel Heritage Trail between 
Glenwood 
Bridge 
to 
Clairton 
via 
McKeesport 
Construct critical interchanges and grade-
crossings on U.S. 20 between Idaho 
Falls and Chester 
Construct Cache Valley Highway in Logan 
Upgrade Route 3 between Route 128/1-95 
to Massachusetts and New Hampshire 
State Line 
Construct Hoosier Heartland from Lafay-
ette to Ft. Wajme 
Conduct traffic calming study on National 
Scenic Byway Route 5 in Hamburg 
Construct 1-5 rail grade crossings be-
tween 1-605 and State Route 91, Los 
Angeles and Orange Counties 
Undertake improvements to South Station 
Intermodal Station 
Reconstruct Bates Bridge over Merrimack 
River 
Upgrade Wood Street between Little Cal-
umet River to 171st Street, Dixmore, 
Harvey, Markham, Hazel Crest 
Construct safety and capacity improve-
ments to Route 309 and Old PacMiouse 
Road including widening of Old Pack-
house Road between Kids Peace Na-
tional Hospital to Route 309 
Reconstruct Mt. Erie Blacktop in Mt. Erie 
Reconstruct 
intermodal 
connectors 
on 
Highway 78 and Highway 544 in Wylie 
Conduct a study of transportation alter-
natives in Northwest Georgia between 
Atlanta and Chattanooga 
Reconstruct Jefferson Lakefront bikepath 
(Dollars in 
millions) 
7.3 
4.875 
10.5 
2L75 
1.8 
0.75 
30.3 
3 
L125 
6 
5.175 
0.3 
7.5 
5.25 
6.15 
18.75 
0.3 
15.09 
2.25 
3 
0.7425 
6.15 
3.385 
0.2025 
5.5 
3.75 
1 
112 STAT. 268 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
State 
Project description 
(Dollars in 
millions) 
290. 
291. 
292. 
293. 
294. 
295. 
296. 
297. 
298. 
299. 
300. 
301. 
302. 
303. 
304. 
305. 
306. 
307. 
308. 
309. 
310. 
311. 
312. 
313. 
314. 
315. 
316. 
317. 
318. 
319. 
New York 
Maine 
Colorado 
New Jersey 
New York 
New York 
California 
Illinois 
Pennsylvania 
California 
Texas 
Ohio 
Texas 
Georgia 
Maryland 
New York 
Pennsylvania 
New York 
New York 
Alabama 
Pennsylvania 
North Carolina 
Alabama 
Pennsylvania 
Illinois 
Pennsylvania 
Wisconsin 
Construct 
Midtown 
West 
Intermodal 
Ferry Terminal, New York City 
Construct 1-295 connector, Portland 
Construct 1-25 truck lane from Lincoln 
Avenue to Castle Pines Parkway in 
Douglas County 
Widen Route 1 from Pierson Avenue to 
Inman Avenue in Middlesex County 
Construct intermodal transportation hub 
in Patchogue 
Improve Route 281 in Cortland 
Construct State Route 76 in Northern San 
Diego 
Congestion mitigation for Illinois Route 31 
and Illinois Route 62 intersection in 
Algonquin 
Improve South Central Business Park in 
Fulton County 
Willits 
Bypass, 
Highway 
101 
in 
Mendocino County, California 
Upgrade FM 1764 between FM 646 to 
State Highway 6 
Construct Intermodal Industrial Park in 
WeUsville 
Construct U.S. Expressway 77/83 inter-
change, Harlingen 
Construct Harry S. Truman Parkway 
Upgrade I-95/I-495 interchange at Ritch-
ie Marlboro Road, Prince Georges Coun-
ty 
Construct CR 82 from Montauk Highway 
to Sunrise Highway in Suffolk County .. 
PA 26 over Piney Creek 2-bridges in Bed-
ford County 
Intersection improvements at 79th and 
Stoney Island Boulevard, Chicago 
Construct CR-85 from Foster Avenue to 
CR-97 in Suffolk County 
Construct Phase II of the City of Mount 
Vernon's New Haven Railroad Redevel-
opment project 
Construct improvements to 41st Street be-
tween 1st Avenue South and Airport 
Highway, Birmingham 
Improve roads in Kotzebue 
Conduct preliminary engineering on the 
relocation of exits 4 and 5 on 1-83 in 
York County 
Construct 1-540 from east of NC Route 50 
to east of U.S. Route 1 in Wake County 
Construct 
enhancements 
along 
12th 
Street between State Highway 11 and 
Baptist Princeton Hospital, Birmingham 
Conduct highway research, Drexel Univer-
sity 
Improve IL 113 in Kankakee 
Upgrade JFK Causeway, Corpus Christi .. 
Construct Philadelphia Intermodal Gate-
way Project at 30th Street Station 
Construct STH 26/U.S. 41 Interchange in 
Oshkosh 
3.5 
3.375 
2.25 
5.25 
1.875 
6.75 
7.5 
9 
0.75 
0.65 
2.25 
3.04 
5.625 
2.6625 
3.6 
0.435 
0.6 
1.305 
0.675 
0.75 
1.7625 
1.5 
9.75 
0.6 
1 
5.55 
2.25 
6 
2.25 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 269 
No. 
320. 
321. 
322. 
323. 
324. 
325. 
326. 
327. 
328. 
329. 
330. 
331. 
332. 
333. 
334. 
335. 
336. 
337. 
338. 
339. 
340. 
341. 
342. 
State 
California 
Florida 
Nebraska 
Oregon 
Virginia 
Florida 
California 
Pennsylvania 
Minnesota 
Georgia 
Project description 
Improve and widen Forest Hill Road in 
Placer County 
ITS improvements on U.S. 19 in Pasco 
County 
Conduct corridor study from Wayne to 
Vermillion-Newcastle bridge 
Construct right-of-way improvements to 
provide improved pedestrian access to 
Repair historic wooden bridges along por-
tion of Virginia Creeper Trail main-
tained by Town of Abingdon 
Reconstruct Lovejoy ramp, Portland 
Widen SR 99 between 148th Street and 
Construct Trunk Highway 169 Causeway, 
Itasca County 
Conduct a feasibility and design study of 
Louisiana Highway 30 between Louisi-
ana Highway 44 and I-10 
Reconstruct U.S. Route 231 between junc-
tion of State Road 66 to Dubois County 
line 
Construct Greenfield-Montague Bikeways, 
Franklin County 
Improve highway access to Humboldt Bay 
and Harbor Port 
Construct road improvement, trailhead 
development and related facilities for 
Haysi to Breaks Interstate Bicycle and 
Pedestrain Trail between Haysi and 
Garden Hole area of Breaks Interstate 
Park 
Replace Grant Street Bridge, New Castle 
Upgrade U.S. Route 52 between Donny-
brook and U.S. Route 2 
Construct Wonderwood Connector from 
Mayport to Arlington, Duval County, 
Construct pedestrian boardwalk between 
terminus of Pismo Promenade at Pismo 
Creek and Grande Avenue in Gover 
Construct PA 283 North Union Street 
ramps in Dauphin County 
Upgrade Garden State Parkway Exit 142 
Extend County State Highway 61 exten-
sion into Two Harbors 
Reconstruct and replace 1-494 Wakota 
Bridge from South St. Paul to Newport, 
and approaches 
Reconstruct and widen 1-35 between 
North of Georgetown at Loop 418 to 
U.S. Route 190 
Undertake major arterial enhancements 
in De Kalb County with the amount 
provided as follows: $5,250,000 for Can-
dler Road, $5,625,000 for Memorial 
Drive, and $675,000 for Bufford High-
(Dollars in 
millions) 
2.7 
1.5 
0.4125 
1 
0.75 
5 
2.7 
6.075 
1.5 
0.6 
0.675 
0.275 
0.25 
1.8 
1.8 
27.725 
: :
•
'
-
0.375 
1.8375 
22.5 
0.6 
9.75 
6 
11.55 
112 STAT. 270 
PUBLIC LAW 105-178-^JlJNE 9, 1998 
No. 
343. 
344. 
345. 
346. 
347. 
348. 
349. 
350. 
351. 
352. 
353. 
354. 
355. 
356. 
357. 
358. 
359. 
360. 
361. 
362. 
363. 
364. 
365. 
366. 
367. 
368. 
369. 
370. 
371. 
372. 
373. 
State 
Ohio 
Pennsylvania 
Arkansas 
Wisconsin 
New Hampshire .... 
New Hampshire .... 
California 
Maryland 
Utah 
Illinois 
Pennsylvania 
Florida 
Tennessee 
Maine 
Florida 
New Jersey 
New York 
Project description 
Consolidate rail tracks and 
eliminate 
grade crossings as part of Gateway 
Intermodal Terminal access project 
Replace 1-280 bridge over Maumee River, 
Toledo area 
Eliminate 
16 
at-grade 
rail 
crossings 
through Erie 
Construct Geyer Springs RR grade sepa-
ration, Little Rock 
Construct Chippewa Falls Bypass 
Correct rock hazard on U.S. 127 in Rus-
sell County 
Widen U.S. 27 from Norwood to Eubank .. 
Conduct 
Williamsburg 
2007 
transpor-
Construct I-95/State Route 627 inter-
change in Stafford County 
Construct 
Foothills 
Parkway 
from 
Walland to Weans Valley 
Upgrade 
Murray 
Boulevard 
including 
overpass bridge, Millikan to Terman 
Construct San Francisco Regional Inter-
modal Terminal 
Construct the Broad Street Parkway in 
Construct Conway bypass from Madison 
to Bartlett 
Seismic retrofit of Golden Gate Bridge 
Realign Route 501 in Lebanon County 
Upgrade U.S. 29 interchange with Ran-
dolph Road, Montgomery County 
Construct 1-15 interchange at Atkinville .. 
Resurface Cicero Avenue between 127th 
Street and 143rd Street, Chicago 
Improve Lewistown Narrows U.S. 322 in 
Mifflin and Juniata County 
Enhance access to Gateway Marketplace 
through improvements to access roads, 
Upgrade 14 warning devices on east/west 
rail line from Gary to Auburn 
Construct I-40/SR 155 interchange, Da-
Construct Crosstown Greenway/Bikeway, 
Studies and planning for reconstruction of 
East-West Highway 
Construct Port of Palm Beach Road access 
improvements. Palm Beach County 
Reconstruct Essex Street Bridge, Bergen 
Relocate and reconstruct Route 21 be-
tween Schenk Road to Town of DeSoto .. 
Improve Route 31 from Baldwinsville to 
County Route 57 
Upgrade Route 600 to facilitate access be-
tween 1-81 and Mount Rogers National 
Recreation Area 
Construct 
1-380 
connector 
between 
Sneath Lane and San Bruno Avenue, 
(Dollars in 
millions) 
1.125 
18 
8 
0.75 
4.5 
0.02625 
22.5 
0.325 
3.8375 
8.625 
3.75 
9.375 
12.511 
5.325 
0.75 
1.2 
9 
6 
0.4575 
40 
0.9 
1.05 
4.2 
3.2 
3 
15.75 
1.875 
30 
8.8125 
5 
2.1 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 271 
No. 
374. 
375. 
376. 
377. 
378. 
379. 
380. 
381. 
382. 
383. 
384. 
385. 
386. 
387. 
388. 
389. 
390. 
391. 
392. 
393. 
394. 
395. 
396. 
397. 
398. 
399. 
400. 
401. 
402. 
State 
Florida 
Kentucky 
California 
New Mexico 
Pennsylvania 
Wisconsin 
Arkansas 
Virginia 
Arizona 
Michigan 
Illinois 
Minnesota 
Illinois 
Ohio 
Michigan 
New Mexico 
Connecticut 
Pennsylvania 
Virginia 
Illinois 
Maryland 
California 
Project description 
Construct South Connector Road and Air-
port Road interchange in Jacksonville ... 
Resurface current 219 bypass at Bradford 
Construct Route 259-101 from Browns-
ville to 1
—
6
5 
Construct 
interchanges 
for 
I-10 
in 
Coachella Valley, Riverside County 
Improve 84/285 between Espanola and 
Upgrade 2 sections of U.S. 6'in Tioga 
Improve Janesville transportation 
Construct Baseline Road RR grade sepa-
ration, Little Rock 
Replace Shore Drive Bridge over Petty 
Lake, Norfolk 
Replace U.S. 93 Hoover Dam Bridge 
Operational improvements on M 24 from 
1-75 to the northern Oakland County 
border 
Reconstruct U.S. 30, Will County 
Construct Trunk Highway 610/10 from 
Trunk Highway 169 in Brooklyn Park 
to 1-94 in Maple Grove 
Extend and reconstruct roadways through 
industrial corridor in Alton 
Rehabilitate Jefferson 
Heights Bridge, 
Penn Hills 
Construct Eastern U.S. Route 23 bypass 
of Portsmouth 
Construct State Route 7—Elbe rest area 
and interpretive facility in Pierce Coun-
ty 
Undertake capital improvements to facili-
tate traffic between Lansing and Detroit 
Reconstruct U.S. 84/U.S. 285 from Santa 
Fe to Espanola 
Reconstruct Post Office/Town Farm Road 
Improve pedestrian and bicycle connec-
tions between Union Station and down-
town New London 
Construct access to Tioga Marine Termi-
nal, Ports of Philadelphia and Camden 
Downtown Staunton Streetscape Plan— 
Phase I in Staunton 
Construct 
Marion 
Street 
multi-modal 
project in Village of Oak Park 
Improve and construct 1-80 reliever route 
project; Walters Road and Walters Road 
Extension Segments 
Upgrade State Highway 24 from Com-
merce to State Highway 19 north of 
Construct pedestrian and bicycle path be-
tween Druid Hill Park and Penn Sta-
Upgrade SR 92/El Camino interchange. 
San Mateo 
Improve Sugar Grove U.S. 30 
(Dollars in 
millions) 
6.75 
4.875 
0.75 
2.25 
4.5 
1.125 
3 
3.75 
3 
10 
0.5 
6.75 
12 
4.2675 
1.275 
3.75 
0.45 
7.5 
13.5 
1.125 
3.39 
L2 
0.5 
1.5 
2.35 
3.75 
1.35 
2.775 
1.875 
112 STAT. 272 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
403. 
404. 
405. 
406. 
407. 
408. 
409. 
410. 
411. 
412. 
413. 
414. 
415. 
416. 
417. 
418. 
419. 
420. 
421. 
422. 
423. 
424. 
425. 
426. 
State 
Illinois 
Michigan 
Pennsylvania 
Indiana 
New Mexico 
California 
Arkansas 
Minnesota 
California 
Massachusetts 
New York 
Kansas 
Washington 
Texas 
Ohio 
Alabama 
Oklahoma 
Louisiana 
Project description 
Construct Sullivan Road Bridge over the 
Fox River 
Construct Packets Landing Enhancement 
and Restoration Project, Town of Yar-
Upgrade 1-94 between M 39 and 1-96 
Upgrade 
PA Route 
21, Fayette 
and 
Greene Counties 
Construct 
Gary 
Marina 
access 
road 
(Buffington Harbor) 
Replace 
deck 
of 
Chain 
Bridge 
over 
Merrimack River 
Improve U.S. 70 southwest of Portales ,. .. 
Construct grade separation project at Re-
dondo Junction, located in the North 
end of an Intermodal corridor of eco-
nomic significance, as defined by Cali-
fornia Streets and Highways Code, Divi-
sion 3, Chapter 4.7 (commencing with 
section 2190), Los Angeles 
Widen West Phoenix Avenue and related 
improvements in Fort Smith, Arkansas 
Upgrade Cross-Range 
Expressway 
be-
tween Coleraine to CSAH 7 
Upgrade CA Route 2 Southern Freeway 
terminus and transportation efficiency 
improvements to Glendale Boulevard in 
Los Angeles 
Environmental studies, preliminary engi-
neering and design of North-South Con-
nector in Pittsfleld to improve access to 
1-90 
Construct streetscape project in the Bor-
ough of Ambler, Montgomery County, 
PA 
Construct improvements to the Park Road 
extension connecting U.S. 222 and U.S. 
422, Spring Township 
FJ&G Rail/Trail Project in Fulton County 
Upgrade Baldwin Avenue intersection to 
facilitate access to waterfront and ferry. 
Widen U.S. 54 from Liberal, Kansas 
southwest to Oklahoma 
Improve Hillsboro Street/Highway 
395 
intersection in Pasco 
Construct 
ramp 
connection 
between 
Hammet Street to Highway 54 ramp to 
provide access to I—10 in El Paso 
Relocate State Route 60 from Zanesville to 
Dresden, Muskingum County 
Construct the Montgomery Outer Loop 
from U.S. 80 to 1-85 via 1-65 
Reconstruct U.S. 99/SH377 from Prague 
to Stroud in Lincoln County 
Extend Louisiana Highway 42 between 
U.S. 61 and I-10 in Ascension Parish .... 
Conduct feasibility study, design and con-
struction of connector between Louisi-
ana Highway 16 to 1-12 in Livingston 
(Dollars in 
millions) 
7.5 
0.75 
6 
5 
7.5 
0.759 
9 
6.65 
6 
4.5 
12 
1.5 
0.072 
2 
0.525 
2 
6 
2.6625 
11 
1.5 
10.2375 
4.7 
6 
3.75 
*«s>. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 273 
No. 
427. 
428. 
429. 
430. 
431. 
432. 
433. 
434. 
435. 
436. 
437. 
438. 
439. 
440. 
441. 
442. 
443. 
444. 
445. 
446. 
447. 
448. 
449. 
450. 
451. 
452. 
453. 
State 
California 
Texas 
Massachusetts 
Texas 
New York 
North CaroUna 
Minnesota 
Kentucky and Indi-
ana. 
California 
Louisiana 
Indiana 
Alabama 
Ohio 
Massachusetts 
Oregon 
Ohio 
Project description 
Construct capital improvements along I-
680 corridor 
Relocation of Indiana Avenue between 
19th street to North Loop 289 and 
Quaker Avenue intersection 
Renovate 
Union 
Station 
Intermodal 
Transportation Center in Worcester 
Construct Manchester grade separations 
in Houston 
Construct Titus County West Loop, Mount 
Pleasant 
Construct County Road 50 in the vicinity 
of Windsor Avenue 
Construct parking lot, pedestrian bridge 
and related improvements to improve 
intermodal 
transportation 
in 
Yorba 
Linda 
Widen North Carolina Route 24 from 
Swansboro to U.S. 70 in Onslow and 
Carteret Counties 
Construct Mankato South Route in Man-
kato 
Ohio 
River 
M^or 
Investment 
Study 
Project, Kentucky and Indiana 
Implement traffic management improve-
ments, Grover Beach 
Extend 1-49 from 1-220 to Arkansas State 
Construct East 79th from Sunnyside Road 
Construct tunnel with approaches as part 
of Devils Slide project in San Mateo 
Improve State Route 800 in Monroe Coun-
ty 
Reconstruct KY 210 from Hodgenville to 
Morning Star Road, Larue County 
Construct Route 17—Lowman Crossover 
Improve roads in the Peoria Park District 
Reconstruct North Street, Fitchburg 
Reconstruct Huntington Avenue in Boston 
Undertake safety enhancements 
along 
Monterey 
County 
Railroad 
highway 
grade, Monterey County 
Construct Bridge Street bridge project in 
Southfield 
Construct Concord Road Widening project, 
Restore the Historic Columbia River High-
way including construction of a pedes-
trian and bicycle path under 1-84 at 
Tanner Creek and restoration of the 
Tanner 
Creek 
and 
MofTett 
Creek 
Upgrade I-77/U.S. 250/SR 39 interchange 
in Tuscarawas County 
Construct Palisades Bluff Stabilization 
project, Santa Monica 
(Dollars in 
millions) 
2.25 
7.2 
6.5 
12 
1.875 
1.36 
1 
2.25 
5.25 
40 
0.375 
3.3 
3 
2 
6 
0.5 
6 
3.6 
0.81 
0.75 
3 
2.1 
3.15 
7.375 
2 
1 
6 
112 STAT. 274 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
454. 
455. 
456. 
457. 
458. 
459. 
460. 
461. 
462. 
463. 
464. 
465. 
466. 
467. 
468. 
469. 
470. 
471. 
472. 
473. 
474. 
475. 
476. 
477. 
478. 
479. 
480. 
481. 
State 
New York 
Washington 
Louisiana 
Kansas 
Tennessee 
Maryland 
Kentucky 
Georgia 
Kentucky 
Minnesota 
Kentucky 
California 
Pennsylvania 
Ohio 
Kentucky 
Maine 
California 
Illinois 
New Hampshire .... 
Minnesota 
New Jersey 
New Jersey 
Louisiana 
New Jersey 
Arkansas 
Mississippi 
California 
California 
Project description 
Improve the Route 31/1-81 Bridge in Wa-
tertown 
Improve 
I-5/196th 
Street, 
Southwest 
Freeway 
interchange 
in 
Lynnwood, 
Washington 
Construct the Southern extension of 1
—
4
9 
from Lafayette to the Westbank Ex-
pressway 
Construct Phase 11 improvements to U.S. 
59 from U.S. 56 to Ottawa 
Construct U.S. 27 from State Road 61 to 
Morgan County line 
Undertake transportation 
infrastructure 
improvements within Baltimore Em-
powerment Zone 
Construct Kentucky 3 IE from Bardstowns 
to Salt River 
Construct multi-modal passenger termi-
nal, Atlanta 
Construct connection between 
Natcher 
Bridge and KY 60 east of Owensboro .... 
Reconstruct CSAH 48 extension, Brainerd/ 
Baxter 
Complete I 65 upgrade from Elizabeth-
town to Tennessee State line 
Construct the South Central Los Angeles 
Exposition Park Intermodal Urban Ac-
cess Project in Los Angeles 
Construct U.S. 30 at PA 772 and PA 41 ... 
Upgrade 1 warning device on the rail line 
from Marion to Ridgeway 
Construct necessary connections for the 
Taylor Southgate Bridge in Newport 
and the Clay Wade Bailey Bridge in 
Covington 
Replace Singing Bridge across Taunton 
Bay 
Upgrade Price Canyon Road including 
construction of bikeway between San 
Luis Obispo and Pismo Beach 
Extend South 74th Street, Belleville 
Reconstruct U.S. 3 Carroll town line 2.1 
miles north 
Upgrade 77th Street between I-35W and 
24th Avenue to four lanes in Richfield .. 
Relocate and complete construction of new 
multi-modal facility, Weehawken 
Construct 
Route 
4/17 
interchange 
in 
Paramus 
Expand Perkins Road in Baton Rouge 
Revitalize Route 130 from Cinnaminson to 
Willingboro 
Construct Highway 371 from Magnolia to 
Prescott 
Upgrade Alva-Stage Road, Montgomery 
County 
Construct pedestrian promenade, Pismo 
Beach 
Construct railroad at-grade crossings, San 
Leandro 
(Dollars in 
millions) 
1.85475 
4.05 
4.125 
9 
4.125 
10.975 
0.75 
12 
2.25 
0.24 
3.75 
19.5 
4.5 
0.075 
7.125 
0.75 
0.825 
0.375 
1.786 
17.1 
12 
6.375 
6.15 
3 
2.375 
L125 
0.15 
0.375 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 275 
No. 
482. 
483. 
484. 
485. 
486. 
487. 
488. 
489. 
490. 
491. 
492. 
493. 
494. 
495. 
496. 
497. 
498. 
499. 
500. 
501. 
502. 
503. 
504. 
505. 
State 
Ohio 
Illinois 
California 
Texas 
Pennsylvania 
Pennsylvania 
Illinois 
Oregon 
Ohio 
California 
Nebraska 
New York 
New York 
New Jersey 
Texas 
California 
New York 
Minnesota 
North Carolina 
Oklahoma 
Illinois 
Pennsylvania 
Project description 
Construct highway-rail grade separations 
on Heisley Road between Hendricks 
Road and Jackson Street in Mentor 
Design and construct U.S. 67 corridor 
from Jacksonville to Beardstown 
Construct VC Campus Parkway Loop Sys-
tem in Merced 
Construct highway-rail-marine intermodal 
project, Corpus Christi 
Construct U.S. 322 Conchester Highway 
between U.S. 1 and PA 452 
Construct Route 819/Route 119 inter-
change 
between 
Mt. 
Pleasant 
and 
Scottdale 
Upgrade Western Avenue, Park Forest 
Relocate and rebuild intersection of High-
way 101 and Highway 105, Clatsop 
County 
Upgrade 
Western 
Reserve 
Road, 
Mahoning County 
Construct Nogales Street at Railroad 
Street grade separation in Los Angeles 
County, California 
Construct South Beltway in Lincoln 
Acquire right-of-way and construct M 6 
Grand Rapids South Beltline in Grand 
Rapids 
Replace Route 92 Limestone Creek Bridge 
Extend Martin Luther King, Jr. East 
Busway to link with Mon-Fayette Ex-
Construct Furrows Road from Patchogue/ 
Holbrook Road to Waverly Avenue in 
Islip 
Construct East Windsor Bear Brook path-
way system 
Widen State Highway 6 from FM521 to 
Brazoria County line and construct rail-
road overpass 
Construct 
I-10/Pepper 
Avenue 
Inter-
Construct access road and entranceway 
improvements to airport in Niagara 
Falls 
Replace Sauk Rapids Bridge over Mis-
sissippi 
River, Steams and 
Benton 
Upgrade 1-85, Mecklenburg and Cabarrus 
Reconstruct 
County 
Road 
237 
from 
Indiahoma to Wichita Mountains Wild-
Construct 
Towanda-Bames 
Road 
in 
Mclean County 
Widen and signalize Sumneytown Pike 
and Forty Foot Road in Montgomery 
(Dollars in 
millions) 
6.205 
10 
11 
8.25 
18.75 
6.9 
0.0945 
1.2 
2.4 
6.5 
4.125 
18.72 
3 
4.5 
L2 
0.27 
9.15 
6.6 
2.25 
7.725 
19.5 
0.1875 
5.82 
3.87 
112 STAT. 276 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
State 
Project description 
(Dollars in 
millions) 
506. 
507. 
508. 
509. 
510. 
511. 
512. 
513. 
514. 
515. 
516. 
517. 
518. 
519. 
520. 
521. 
522. 
523. 
524. 
525. 
526. 
527. 
528. 
529. 
530. 
531. 
Rhode Island 
Mississippi 
Georgia 
Missoiui 
New York 
Pennsylvania .. 
Texas 
New Mexico .... 
Arkansas 
South Carolina 
Mississippi 
Alaska 
Florida 
Illinois 
Massachusetts 
Mississippi 
New Jersey 
Michigan 
North Carolina 
Virginia 
Oregon 
Kansas 
Virginia 
Pennsylvania .. 
Nevada 
Indiana 
Construct Rhode Island Greenways and 
Bikeways projects with the amount pro-
vided $4,275,000 for the Washington 
Secondary Bikepath, and $1,575,000 for 
the South County Bikepath Phase 2 
5.85 
Widen U.S. 61 from Louisiana State line 
to Adams County 
0.6875 
Conduct a study of a mutimodal transpor-
tation corridor from Lawrenceville to 
Marietta 
1.8 
Construct Jefferson Avenue viaduct over 
Mill Creek Valley in St. Louis 
8.25 
Conduct extended needs study for the 
Tappan Zee Bridge 
3 
Improve Park Avenue/PA 36 in Blair 
County 
0.45 
Construct the George H.W. Bush Presi-
dential Corridor from Bryan to east to 
1-45 
7.5 
Improve Uptown in Bernalillo County 
1.025 
Upgrade U.S. 65 in Faulkner and Van 
Buren Counties 
Construct high priority surface transpor-
tation projects eligible for Federal-aid 
highway funds 
5.5 
Construct Lincoln Road extension, Lamar 
County 
1.125 
Construct Pt. Mackenzie Intermodal Facil 
ity 
6.75 
Purchase and install 1-275 traffic man 
agement system in Pinellas County 
0.75 
Construct U.S. Route 67 b3rpass project 
around Roseville 
8.775 
Upgrade 1-495 interchange 17 and related 
improvements including along Route 
140 
10.86 
Construct segments 2 and 3 of the Bryam-
Clinton Corridor in Hinds County 
0.6875 
Rehabilitate East Ridgewood Avenue over 
Route 17 in Bergan Coimty 
2.7 
Construct interchange at U.S. 10/Bay City 
Road in Midland 
3 
Construct U.S. Route 17, EUzabeth City 
Bypass 
3.375 
Smart Road connecting Blacksbiu^ to I-
81 
1.025 
Construct passing lanes on Highway 58 
between Kitson Ridge Road and Mile 
Post 47, Lane County 
4.5 
Construct grade separations on U.S. 36 
and U.S. 77 in Marysville 
3.15 
Upgrade Route 501 in the counties of Bed 
ford, Halifax, and Campbell 
0.75 
Construct Robinson Town Centre inter-
modal facility 
2.025 
Construct the U.S. 395 Carson City By 
pass 
3.75 
Feasibility study of State Road 37 im-
provements in Noblesville, Elwood and 
Marion 
I 
0.45 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 277 
No. 
532. 
533. 
534. 
535. 
536. 
537. 
538. 
539. 
540. 
541. 
542. 
543. 
544. 
545. 
546. 
547. 
548. 
549. 
550. 
551. 
552. 
553. 
554. 
555. 
556. 
557. 
558. 
559. 
560. 
561. 
State 
Pennsylvania 
Pennsylvania 
Alabama 
Virginia 
California 
Michigan 
Georgia 
Florida 
Connecticut 
New York 
California 
Dist. of Columbia .. 
California 
Michigan 
California 
California 
Michigan 
Dist. of Columbia .. 
Ohio 
Pennsylvania 
Ohio 
California 
New York 
Louisiana 
Project description 
Construct Newton Hamilton SR 3021 over 
Juniata River in Mifflin County 
Reconstruct PA 309 in Eastern Montgom-
ery with $4,000,000 for noise abatement 
Upgrade Opoto-Madrid Boulevard, Bir-
mingham 
Conduct feasibility study for the construc-
tion of 1-66 from Lynchburg to the West 
Rehabilitate pavement throughout Santa 
Barbara County 
Design 
and 
construct 
I-72/MacArthur 
Boulevard interchange in Springfield .... 
Improve Constitution Avenue in Peoria .... 
Upgrade East Jordon Road, Boyne City .... 
Construct noise barriers along GA 400 
Construct North East Dade Bike Path in 
North Miami Beach 
Realign and extend Hart Street in New 
Construct roundabout at intersection of 
Highway 101 and Highway 202, Clatsop 
County 
Replace Route 28 bridge over NY State 
Thruway, Ulster County 
Extend State Route 7 in Imperial County 
Construct FM2234 (McHard Road) from 
SH 35 to Beltway 8 at Monroe Boule-
Enhance recreational facilities along Rock 
Creek Parkway 
Construct SR 78/Rancho Del Oro inter-
Upgrade M. L. King Drive, Genesee Coun-
ty 
Reconstruct Grand Avenue between Elm 
Street 
and 
Halcyon 
Road, 
Arroyo 
Improve PA 41 between Delaware State 
line and PA 926 
Construct Los Angeles County Gateway 
Cities NHS Access 
Upgrade H 58 within Pictured Rocks Na-
tional Lakeshore 
Rehabilitate Theodore Roosevelt Memorial 
Bridge 
Undertake improvements to open Federal 
Street to traffic, Youngstown 
Improve PA 16 including intersection with 
Antrim Church Road 
Construct State Route 209 from Cam-
bridge and Byesville to the Guernsey 
County Industrial Park 
Construct Port of Oakland intermodal ter-
minal 
Construct 
Wellwood 
Avenue 
from 
Freemont Street to Montauk Highway 
in Lindenhurst 
Construct Louisiana Highway 1 from the 
Gulf of Mexico to U.S. 90 
Refurbish Satartia Bridge, Yazoo City 
(Dollars in 
millions) 
1.5 
15.588 
1.05 
0.5 
L125 
4.12525 
2.6625 
0.3 
1.5 
1.2 
3 
0.3 
2.4 
6 
4.8 
0.04775 
3.75 
1 
0.375 
5 
6.6 
4.2 
7.5 
2.08 
1 
2.2 
6 
1.2 
0.5625 
0.375 
112 STAT. 278 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
562. 
563. 
564. 
565. 
566. 
567. 
568. 
569. 
570. 
571. 
572. 
573. 
574. 
575. 
576. 
577. 
578. 
579. 
580. 
581. 
582. 
583. 
584. 
585. 
586. 
587. 
588. 
589. 
590. 
591. 
State 
North Carolina 
Pennsylvania 
North Carolina 
Pennsylvania 
California 
New York 
Pennsylvania 
Utah 
Missouri 
New York 
Michigan 
New York 
Michigan 
Pennsylvania 
Connecticut 
Oregon 
Pennsylvania 
Project description 
Construct bridge over Chockoyotte Creek 
in Halifax County 
Widen PA 413 in Bucks County 
Construct U.S. 13 from the Wilson/U.S. 
264 Bypass to Goldsboro in Wayne and 
Wilson Counties 
Construct Erie Eastside Connector 
Construct Prunedale Bypass segment of 
U.S. 101, Monterey County 
Construct access road from Lake Avenue 
to Milestrip Road in Blasdell 
Construct State Route 905 between 1-805 
and the Otay Mesa Border Crossing, 
San Diego County 
Build an interchange at 1-55 with connec-
tors to Madison and Ridgeland 
Trunk Highway 53 DWP railroad bridge 
replacement, St. Louis County 
Construct U.S. 77/83 Expressway exten-
Upgrade and relocate Utica-Rome Ex-
pressway in Oneida County 
West Philadelphia congestion mitigation 
Construct Phase II of the University Ave-
Upgrade Osgood Road between Washing-
ton Boulevard and South Grimmer Bou-
levard, Freemont 
Bull Shoals Lake Ferry in Taney County .. 
Construct capital improvements to the 
Alaska Marine Highway and related fa-
Construct U.S. 45 bypass, Madison Coun-
ty 
Construct pedestrian access bridge from 
Utica Union Station 
Upgrade Groveland Mine Road, Dickinson 
Upgrade Goose Pond Subdivision Roads, 
Tallahatchie County 
Construct 
U.S. 
131 
Cadillac 
Bypass 
Construct Lawrenceville Industrial Access 
Road 
Construct Housatonic-Hoosic bicycle net-
Construct the U.S. Route 7 bypass project, 
Brookfield to New Milford town line 
Construct road from the Military Ocean 
Terminal to the Port Jersey Pier, Ba-
Repair Coos Bay rail bridge. Port of Coos 
Bay 
Complete construction of Forest Highway 
11, Lake County 
Construct rail mitigation and improve-
ment projects from Philadelphia to New 
(Dollars in 
millions) 
1.35 
5.625 
2.625 
16.2 
1.65 
0.24 
16 
2.25 
3.6 
2.25 
14 
0.369 
7.5 
L5 
0.52275 
2.25 
0.375 
L5 
0.25 
0.375 
2.5155 
0.15 
2.25 
7.5 
3 
3.75 
2.5 
5.5 
3.75 
10 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 279 
No. 
592. 
593. 
594. 
595. 
596. 
597. 
598. 
599. 
600. 
601. 
602. 
603. 
604. 
605. 
606. 
607. 
608. 
609. 
610. 
611. 
612. 
613. 
State 
Louisiana 
Pennsylvania 
Pennsylvania 
Texas 
Minnesota 
New York 
Massachusetts 
Utah 
South Carolina 
New York 
New York 
New York 
Florida 
Minnesota 
Project description 
Upgrade 
Lapalco 
Boulevard 
between 
Barataria Boulevard and U.S. Highway. 
90, Jefferson Parish 
Widen PA 228 from Criders Comers to 
State Route 3015 
Improve PA 23 Corridor from U.S. 30 By-
pass between Lancaster County line 
and Morgantown 
Widen SR 247 and SR 2008 between 84 
and 
Lackawanna 
Valley 
Industrial 
Highway for the Moosic Mountain Biisi-
Construct Nowottuck-Manhan Bike Trail 
connections, 
Easthampton, 
Amherst, 
Holyoke, 
Williamsburg 
and 
North-
Reconstruct bridges across the channel for 
the Port of Corpus Christi 
Construct TH 1 east of Northome includ-
ing bicycle/pedestrian trail 
Construct U.S. 231/1-10 Freeway Connec-
tor from the Alabama border to Dothan 
Construct CR 3 at Southern State Park-
way overpass between Long Island Ex-
pressway and Colonial Springs 
Construct improvements along Route 18 
to provide for access to waterfront and 
downtown areas. New Bedford 
Construct road connector and bridge over 
Allegheny River to link New Kensington 
with Allegheny Valley Expressway 
Replace Chalk Hills Bridge over Menomi-
Improve 5600 West Highway from 2100 
South to 4100 South in West Valley 
City 
Construct Lackawanna River Heritage 
Trail in Lackawanna 
Widen and relocate SC 6 in Lexington 
Construct sound barriers on both sides of 
Grand Central Parkway between 172nd 
Street to Chevy Chase Road 
Improve Route 7 utility and landscaping 
in New Milford 
Conduct North Road Corridor study in 
Upgrade U.S. Route 412, Harrison to 
Mountain Home 
Construct full access controlled express-
way along NY Route 17 at Parkville, 
Sullivan County 
Construct Englewood Interstate connector 
from River Road to 1-75 in Sarasota 
and Charlotte Counties 
Reconstruct St. Louis CSAH 9 (Wallace 
Avenue) in Duluth from Fourth Street 
(Dollars in 
millions) 
6 
0.9 
2.5 
8.175 
3 
4 
0.18 
1.0125 
L12 
12 
3.75 
0.3 
3.75 
0.375 
6 
1.455 
5.4 
1.125 
2.6625 
4.5 
5.5 
0.45 
112 STAT. 280 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
614. 
615. 
616. 
617. 
618. 
619. 
620. 
621. 
622. 
623. 
624. 
625. 
626. 
627. 
628. 
629. 
630. 
631. 
632. 
633. 
634. 
635. 
636. 
637. 
638. 
639. 
640. 
State 
New Jersey 
Virginia 
Iowa 
Michigan 
Virginia 
Arkansas 
Alabama 
North Carolina 
New York 
South Carolina 
Ohio 
Arkansas 
Mississippi 
Wyoming 
New York 
Pennsylvania 
Texas 
Minnesota 
Utah 
Florida 
Illinois 
New York 
Ohio 
Louisiana 
Michigan 
Project description 
Design, construct, and expand industrial 
Roads 
connecting 
Carteret 
with 
Woodbridge, and Route 35 with Perth 
Amboy for increased truck traffic which 
will ease delays and traffic at Turnpike 
Exit 12 and Route 35 underpass east .... 
Construct the Kemper Street Station con-
nector road in Lynchburg 
Improve lA 60 Corridor from LeMar to 
MN State line 
Operation improvements on M 15 from I-
75 north to the Genesee County line 
Upgrade Danville Bypass in Pittsylvania 
Corridor study for Louisville South bypass 
from State Highway 66 to State High-
way 50 
Study and construct Van Buren inter-
modal port facility in Van Buren 
Extend 1-759 in Etowah County 
Widen U.S. 421 from North Carolina 
Route 194 to two miles East of U.S. 221 
Reconstruct Ridge Road Bridge in Orange 
County 
Construct 
North 
Charleston 
Regional 
Intermodal Center 
Upgrade U.S. 319 between Four Points 
and Oak Ridge Road, Tallahassee 
Complete safety/bicycle path in Madison 
Conduct design study and acquire right of 
way on U.S. 71 in the vicinity of Fort 
Chaffee, Fort Smith 
Construct East Metro Corridor in Rankin 
County 
Reconstruct Cheyenne Area Norris Via-
duct 
Design 
and 
construct 
Outer 
Harbor 
St. Thomas Signals Hade and Jack Rds 
U.S. 30 in Franklin County 
Upgrade State Highway 35 Yoakum Dis-
trict in Matagorda and Buazovia Coun-
Conduct highway construction between 
Highway 494 and Carver County Road 
147 
Widen 
106th 
South 
from 
1-15 
to 
Bangerter Highway in South Jordan 
Construct pedestrian overpass from the 
Florida National Scenic Trail over 1-4 ... 
Extend Rogers Street to mitigate conges-
Reconstruct and widen Route 78 from I-
90 to Route 15 
Improve Alum Creek Drive from 1-270 to 
Frebis Avenue in Franklin County 
Upgrade and widen I-10 between Wil-
liams Boulevard and Tulane Avenue in 
Jefferson and Orleans Parishes 
Improve 1-94 in Kalamazoo County 
(Dollars in 
millions) 
3 
1.5 
6.6 
0.5 
3 
0.075 
0.225 
13.5 
3.55 
0.16 
3 
3.75 
0.03 
3.75 
2.625 
3.5 
6.06 
0.15 
6.91 
3 
4.5 
1.875 
1.425 
4 
4 
8 
3.75 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 281 
No. 
641. 
642. 
643. 
644. 
645. 
646. 
647. 
648. 
649. 
650. 
651. 
652. 
653. 
654. 
655. 
656. 
657. 
658. 
659. 
660. 
661. 
662. 
663. 
664. 
665. 
666. 
667. 
State 
Pennsylvania 
Washington 
Ohio 
Oklahoma 
Indiana 
Oregon 
New York 
Missouri 
Wisconsin 
Ohio 
Virgin Islands 
Ohio 
Project description 
Improve PA 8 between Cherry Tree and 
Rynd Farm 
Construct passenger ferry facility to serve 
Realign West 38th Street from Shunpike 
Road to Myrtle Street in Erie County .... 
Replace Jacobs Road Bridge, Mahoning 
Upgrade Lowell Street between Wobum 
Street and Route 38, Town of Wilming-
Improve Battiest-Pickens Road between 
Battiest and Pickens in McCurtain 
Improve State Road 31 in Columbus 
Construct bike path along Willamette 
River, Corvallis 
Reconstruct Flushing Avenue 
between 
Humboldt Street and Cypress Avenue ... 
Construct bike/pedestrian path between 
Oelmar Metrolink Station and Univer-
sity City loop business district in St. 
Louis 
Construct U.S. Highway 151 Fond du Lac 
Bypass 
Upgrade U.S. 45 between Eldorado and 
Improve U.S. 22/Canoe Creek Blair Coun-
ty 
Reconstruct and widen Mission Road, Al-
Construct safety improvements on Route 
82 (Fayette Station Road), Fayette 
Widen and reconstruct State Route 82 
from Lorain/Cuyahoga County line to 
I.R. 77 
Facilitate access between 1-75 and Soo 
Locks 
through 
road 
reconstruction, 
bikepath construction and related im-
provements, Sault Ste. Marie 
Construct Savage-Cedar Knob Bridge at 
Koger Creek 
Construct intermodal facility in New Ro-
chelle, Westchester County 
Upgrade 
West-East 
corridor 
through 
Charlotte Amalie 
Upgrade SR 800 rest stop in Monroe 
Improve the 1-73 corridor in Jackson and 
Lenawee Counties 
Widen 1-50 between Fallon and Femley ... 
Improve and modify the Port of Hueneme 
Intermodal Corridor—Phase II in Ven-
tura County 
Construct and equip Transportation Tech-
nology and Emergency Preparedness 
Center in Baton Rouge 
Rehabilitate Lincoln Street, Negaunee 
Construct U.S. 67/Route 60 interchange in 
Popular Bluff 
(Dollars in 
millions) 
4.8 
3.75 
5.4 
2 
1.08 
1.6 
0.375 
0.8 
3.75 
0.6 
22.5 
10.2 
1.5 
2.4375 
1 
7 
0.375 
0.2625 
6.438 
6 
0.04 
3.9375 
3 
. -
"
' 
16.8 
5.4 
0.1275 
6 
112 STAT. 282 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
668. 
669. 
670. 
671. 
672. 
673. 
674. 
675. 
676. 
677. 
678. 
679. 
680. 
681. 
682. 
683. 
684. 
685. 
686. 
687. 
688. 
689. 
690. 
691. 
692. 
693. 
694. 
State 
New York 
New York 
Maryland 
Rhode Island 
Pennsylvania 
California 
Illinois 
Colorado 
Indiana 
Alabama 
Illinois 
Pennsylvania 
Dist. of Columbia .. 
New Jersey 
Washington 
Connecticut 
Massachusetts 
New Mexico 
Massachusetts 
New Hampshire .... 
Pennsylvania 
California 
New York 
Florida 
Missouri 
Virginia 
Texas 
Project description 
Upgrade Riverside Drive between 97th 
Street and Tiemann, New York City 
Capital improvements for the Red Hook 
Barge in NY/NJ for the Port Authority 
ofNY/NJ 
Upgrade U.S. 113 north of U.S. 50 to MD 
589 in Worcester County 
Implement transportation alternative re-
lating 
to 
Court 
Street 
Bridge, 
Construct Frazier Township interchange 
on SR 28 in Alleghany 
Rehabilitate Artesia Boulevard 
Undertake access improvements to U.S. 
Route 41, Chicago 
Construct Wadsworth Boulevard improve-
ment project in Arvada 
Construct I-70/Six Points interchange in 
Marion and Hendricks County 
Construct repairs to viaducts connecting 
downtown and midtown areas, Bir-
mingham 
Construct 
VFW 
RoadA^eteran's 
Drive 
from Townline Road to Broadway Road 
in Pekin 
Design, engineer, ROW acquisition and 
construct 
the 
Wilkes-Barre/Scranton 
International Airport Access Road be-
tween Route 315 and Commerce Boule-
vard 
Construct bicycle and pedestrian walkway 
(Metropolitan Branch Trail), Union Sta-
tion to Silver Spring 
Construct interchange improvements and 
flyover ramps at I-80W to Route 23N in 
Passaic County 
Undertake SR 166 slide repair 
Reconstruct Broad Street in New Britain 
Reconstruct Route 126 and replace bridge 
spanning Route 9, Town of Framingham 
Extend Unser Boulevard in Albuquerque 
Implement Phase II of unified signage 
system, Essex County 
Construct Manchester Airport access road 
in Manchester 
Improve U.S. 22/PA 866 Intersection in 
Blair County 
Improve Rancho Sante Fe Road in Carls-
bad 
Renovate State Route 9 in Phillipstown .... 
Construct Greater Orlando Aviation Au-
thority Consolidated Surface Access in 
Orlando 
Upgrade Route 169 between Smithville 
and north of 1—435, Clay County 
Renovate 
Greater 
Richmond 
Transit 
transportation facility, Richmond 
Conduct feasibility study on upgrading SH 
16 in South Texas 
(Dollars in 
millions) 
1.5 
3 
18 
0.15 
2.25 
3 
2.8125 
0.25 
14.9625 
0.45 
3.69675 
1.5 
8.5 
8.5 
4.875 
2.4 
3.525 
0.65 
0.29325 
8.025 
1.5 
2.25 
3.84 
1.00575 
5 
3.75 
0.1875 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 283 
No. 
695. 
696. 
697. 
698. 
699. 
700. 
701. 
702. 
703. 
704. 
705. 
706. 
707. 
708. 
709. 
710. 
711. 
712. 
713. 
714. 
715. 
716. 
717. 
718. 
State 
Florida 
Pennsylvania 
South Dakota 
West Virginia 
Ohio 
California 
Florida 
Ohio 
Illinois 
Tennessee 
Florida 
California 
Dist. of Columbia .. 
New Jersey 
Massachusetts 
Pennsylvania 
Illinois 
Georgia 
Michigan 
Massachusetts 
South Carolina 
Project description 
Construct interchange at 21st Street to 
provide access to Talleyrand Marine 
Terminal 
Gettysburg comprehensive road improve-
ment study 
Construct Eastern Dakota expressways, to 
include construction of four-lane high-
ways for South Dakota Highway 37 be-
tween Huron and Mitchell; U.S. High-
way 83 between Pierre and 1-90; and 
U.S. Highway 12 between Aberdeen and 
1-29 
Construct 
Shawnee 
Parkway 
between 
junction with 1-73/74 Corridor and 1-77 
Construct State Highway 121 from 1-30 to 
U.S. 67 in Cleburne 
Improve and construct SR 44/Jackson 
Street Interchange in Painesville 
Construct four-lane highway facility (Hol-
lister Bypass), San Benito County 
Construct 1-4 reversible safety lane in Or-
Relocate Harrison/Belmont U.S. 250 
Widen 143rd Street in Orland Park 
Implement middle Tennessee alternative 
transportation system along the Stones 
River in Murfreesboro 
Construct County Road 470 Interchange 
with Florida Turnpike 
Implement safety and congestion mitiga-
tion improvements along Pacific Coast 
Conduct studies and related activities per-
taining to proposed intermodal trans-
portation center 
Construct Route 31 Fleming Bypass in 
Hunterdon County 
Construct TeleCom Boulevard with access 
via Commercial Street and Corporation 
Way to the west of Maiden River and 
With access via Santilli Highway to the 
east of the river in Everett, Medord and 
Improve access to Raystown in Hunting-
don County 
Study upgrading Illinois 13/127 between 
Murphysboro and Pinckneyville 
Widen U.S. 84 South from U.S. 82 to the 
Ware County Line in Waycross and 
Ware Counties 
Improve drainage on 6th Street in Me-
nominee 
Replace Brightman Street bridge in Pall 
Construct Newton Pike Extension be-
tween West Main Street to South Lime-
stone in Lexington 
Construct pedestrian walkway and safety 
improvements along SC 277, Richland 
(Dollars in 
millions) 
9.475 
3 
34.804 
3.75 
25 
2 
2.25 
10.5 
2 
4 
9.5 
6 
0.65 
0.75 
11.55 
5.25 
1.125 
1.575 
0.06 
2.4 
0.1125 
7.23 
6 
0.8 
112 STAT. 284 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
719. 
720. 
721. 
722. 
723. 
724. 
725. 
726. 
727. 
728. 
729. 
730. 
731. 
732. 
733. 
734. 
735. 
736. 
737. 
738 
739. 
740. 
741. 
742. 
743. 
744. 
745. 
746. 
747. 
State 
Pennsylvania 
Virginia 
Massachusetts 
Connecticut 
Pennsylvania 
Michigan 
Massachusetts 
Pennsylvania 
Pennsylvania 
Massachusetts 
Pennsylvania 
Massachusetts 
Project description 
Conduct Midwest Regional intermodal fa-
cility feasibility study in Rochelle 
Reconfigure 1-81 Exit 2 Ramp in Franklin 
Planning and design for Coalfields Ex-
pressway, Buchanan, Dickenson, and 
Wise Counties 
Construct the Lynchburg/Madison Heights 
bypass in Lynchburg 
Construct Cambridge Roadways Improve-
ment project, Cambridge 
Construct 1-95 interchange. New Haven .. 
Conduct study and construct Ft. Washing-
ton 
transportation 
improvements, 
Upper Dublin 
Reconstruct I-75/M 57 interchange 
Construct railroad crossing connecting 
University 
of 
MN 
with 
City 
of 
Construct bicycle and pedestrian facility 
(The Riverwalk), Peabody 
Upgrade PA 61 between PA 895 and SR 
2014, Schuylkill County 
Construct SR22 Bypass, Obion County 
Improve streets and highways, and/or con-
struct sound walls. Thousand Oaks 
Complete engineering, design, environ-
ment reviews and other preliminary 
work for the Miller Highway relocation 
project in New York 
Construct M 5 Haggerty Connector 
Improve Sidling Hill Curve and Truck Es-
cape in Fulton County 
Construct circumferential freeway loop 
around Texarkana 
Reconstruct Route 2/Jackson Road inter-
Improve Clinton Ferry Terminal 
Upgrade Bristol Street, Santa Ana 
Construct U.S. 30 Bypass from Exton By-
pass to PA 10 
Rehabilitate Piscataqua River bridges, 
Construct extension of State Route 180 
between Route 99 and the HughesAVest 
Construct Ocean Boulevard and Terminal 
Island Freeway interchange in Long 
Extend 1-580 in Washie and Douglas 
Preliminary design of Route 2 connector 
to downtown Fitchburg 
Improve and construct grade separation 
Acquire land and construct segment of 
Daniel Boone Heritage Trail (Kane Gap 
Construct Route 288 in the Richmond 
(Dollars in 
millions) 
0.3 
0.525 
1 
1.5 
2.25 
19.5 
0.45 
10.5 
0.15 
1.08 
5 
7.5 
1.25 
6 
2.4 
0.375 
7.425 
2.7 
3.5 
5.25 
3 
3.9375 
6 
15 
3.75 
1.5 
1.8 
0.5 
18.75 
:vi,i^«*-
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 285 
No. 
748. 
749. 
750. 
751. 
752. 
753. 
754. 
755. 
756. 
757. 
758. 
759. 
760. 
761. 
762. 
763. 
764. 
765. 
766. 
767. 
768. 
769. 
770. 
771. 
772. 
773. 
774. 
775. 
776. 
777. 
State 
New York 
Ohio 
Louisiana 
Georgia 
Missouri 
Texas 
Kansas 
Florida 
Oregon 
Ohio 
South Carolina 
Hawaii 
Alaska 
Ohio 
Maryland 
Minnesota 
Colorado 
Pennsylvania 
California 
Florida 
South Carolina 
Illinois 
Washington 
Alabama 
Connecticut 
Alabama 
Project description 
Construct congestion mitigation project for 
Brookhaven 
Construct Licking-Thomwood Connector 
in Licking County 
Construct Florida Expressway in St. Ber-
nard and Orleans Parishes 
Construct North River Causeway 
and 
Bridge, St. Mary's County 
Upgrade Eastern Jackson County, Jack-
son County 
Conduct MIS for Multimodal Downtown 
Improvement Project, San Antonio 
Construct road and rail grade separations 
in Wichita 
Construct Cross Seminole Trail connection 
in Seminole County 
Upgrade I-5/Highway 217 interchange. 
Portland 
Construct St. Clairsville Bike Path in Bel-
mont County 
Widen North Main Street, Columbia 
Upgrade Puuloa Road between Kameha-
meha Highway and Salt Lake Boule-
Construct new I-10 bridge over the Mo-
bile River in Mobile 
Construct Coffman Cove ferryboat 
Upgrade U.S. 30 from Wooster to Riceland 
Replace bridge on Route 92, Platte County 
Reconstruct segment of Baltimore Beltway 
between U.S. 1 and 1-70 
Construct Gunflint Realignment project. 
Grand Marais 
Construct 
alternative 
truck 
route 
in 
Improve 
I-95/PA 413 Interchange 
in 
Bucks County 
Construct improvements to H 1 between 
the 
Waiawa 
interchange 
and 
the 
Construct new 1-95 interchange 
with 
Highway 99W, Tehama County 
Widen U.S. 17/92 in Volusia County 
Construct I-77/SC #S-20-30 interchange. 
Fairfield County 
Construct access road to Melvin Price 
Locks and Dam Visitors Center, Madi-
Reconstruct 1-5 interchange. City of Lacy 
Construct improvements at I-270/MD 187 
Construct Finley Avenue Extension East 
Construct 
Greenmanville 
Avenue 
streetscape extension, including feasibil-
ity 
study, 
in 
towns 
of 
Groton, 
Stonington and Mystic 
Construct Anniston Eastern Bjrpass from 
1-20 to Fort McClellan in Calhoun 
(Dollars in 
millions) 
3.75 
1.5 
0.15 
2.175 
4.5 
0.75 
26.25 
L125 
5.25 
0.5 
9 
6.75 
10.78125 
2.25 
22.5 
1 
6.75 
0.6 
4.2 
5.625 
15 
2.2 
1.35 
5.25 
L125 
1.125 
5.5 
2.925 
6.3 
40.14 
112 STAT. 286 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
778. 
779. 
780. 
781. 
782. 
783. 
784. 
785. 
786. 
787. 
788. 
789. 
790. 
791. 
792. 
793. 
794. 
795. 
796. 
797. 
798. 
799. 
800. 
801. 
802. 
803 
804. 
State 
California 
Georgia 
Massachusetts 
Oregon 
Arkansas 
Rhode Island 
New Hampshire .... 
Pennsylvania 
Florida 
North Carolina 
Massachusetts 
California 
Florida 
Pennsylvania 
Alabama 
California 
Mississippi 
North Carolina 
Project description 
Construct Causeway Boulevard/Earhart 
Expressway interchange in Jefferson, 
Parish 
Create recreational trails in Santa Monica 
Mountains National Recreation Area 
Widen and reconstruct Corder Road from 
Pineview Drive to the Russell Parkway 
Construct Hyannis Intermodal Transpor-
tation Center, Hyannis 
Construct South Rivergate rail overcross-
Improve Arkansas State Highway 59 from 
Rena Road to Old Uniontown Road in 
Van Buren 
Reconstruct 
Pawtucket 
Avenue 
and 
Wilcott Street, Pawtucket 
Improve the Bridge Street bridge in Plym-
outh 
Install computer signal synchronization 
system in Baton Rouge 
Improve Oxford Valley Road/U.S. 1 inter-
change in Bucks County 
Construct U.S. 6 Tunkhannock Bypass in 
Wyoming County 
Construct U.S. 17/92 and SR 436 inter-
change 
in 
Orange/Osceola/Seminole 
Upgrade U.S. 13/NC 11 (including Bethel 
bypass) in Pitt and Edgecombe Counties 
Conduct planning and engineering for 
connector route between 1-95 and in-
dustrial/business park, Attleboro 
Construct 1-73 from Roanoke to the North 
Carolina border 
Upgrade Route 4 West in Contra Costa 
Construct I—4/John Young Parkway inter-
Construct U.S. 202 Section 600 Phase I 
Early Action project in Upper Gwynedd 
and Lower Gwynedd 
Construct Historic Whistler Bike Trail in 
Upgrade Route 6 between 1-29 and Route 
Conduct study of Port of Des Moines, Des 
Improve State Route 57 interchange at 
Lambert Road in Brea 
Improve ramp junctions at intersection of 
SR 114 and Interstate 83, Fairview 
Upgrade Land Fill Road, Panola County .. 
Construct bike path between Sepulveda 
Basin Recreation Area and Warner Cen-
ter/Canoga Park, Los Angeles 
Upgrade U.S. 51 Tomahark Bypass 
Construct segment of Raleigh Outer Loop, 
(Dollars in 
millions) 
4 
6 
2.55 
2.4 
11 
1.875 
1.125 
1.036 
4.875 
1.5 
1.8 
2.0625 
3.375 
0.8 
6 
7.5 
10.24425 
4.5 
0.5025 
5 
0.075 
0.985 
3 
0.75 
1.873 
3.75 
2.025 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 287 
No. 
805. 
806. 
807. 
808. 
809. 
810. 
811. 
812. 
813. 
814. 
815. 
816. 
817. 
818. 
819. 
820. 
821. 
822. 
823. 
824. 
825. 
826. 
827. 
828. 
829. 
830. 
831. 
832. 
State 
Michigan 
California 
Oregon 
Texas 
Michigan 
California 
Illinois 
Washington 
California 
Washington 
Michigan 
Virginia 
Illinois 
Pennsylvania 
Alaska 
Pennsylvania 
Mississippi 
New York 
Project description 
Conduct feasibility study on widening 
U.S. 12 to three lanes between U.S. 127 
and Michigan Highway 50 
Widen U.S. 101 from Windsor to Arata 
Interchange 
Upgrade access road and related facilities 
to Port of Port Orford 
Allegheny Trail from Pittsburgh, Pennsyl-
vania to Cumberland, Maryland 
Improve 1-35 West from Spiu- 280 to I-
820 in Fort Worth 
Reconstruct County Road 612 and County 
Road 491, Montmorency County 
Improve Folsom Boulevard—Highway 50 
in the City of Folsom 
Improve Illinois Route 29 in Sangamon 
and Christian Counties 
Upgrade SR 386 between U.S. 31 to the 
Gallatin Bypass, Sumner County 
Improve primary truck access route on 
East Marine View Drive, FAST corridor 
Construct grade separated interchange at 
south junction of TH 371/Brainerd by-
pass 
Upgrade Greenville Road and construct 
Construct State Route 305 corridor im-
Widen U.S. 321 from Kinzel Springs to 
Wean Valley Road 
Construct the Julien Dubuque Bridge over 
the Mississippi River at Dubuque 
Conduct preliminary engineering, acquire 
right-of-way and construct I-75/North 
Down River Road interchange 
Conduct historic restoration of Roanoke 
Undertake Linden Place reconstruction 
project, Queens 
Reconstruct interchange at 1-294, 127th 
Street and Cicero Avenue with new 
ramps to the Tri-State ToUway, Alsip .... 
Improve U.S. 165 from Alexandria to 
Construct Western Innerloop from PA 26 
to State Route 3014 
Improve Dalton Highway 
Relocate U.S. 219, Ridgeway, Pennsyl-
vania, truck bypass connector along 
Osterhout Street 
Widen State Route 24 from Liberty to I-
55 
Widen 1-15 in San Bernardino County 
Complete North Section of Fairfax County 
Parkway in Fairfax County 
Rehabilitate segment of Henry Hudson 
Parkway between Washington Bridge 
and Dyckman Street, New York City 
Relocate lA 192 and Avenue G viaduct in 
(Dollars in 
millions) 
0.1875 
LI 
L5 
6 
3 
0.6825 
4.275 
1.725 
1.06 
4.9 
0.75 
5.1 
3.15 
6.825 
21 
1.125 
0.5 
5.25 
23.495 
30 
2.7 
3.75 
3.75 
0.6875 
18 
7.5 
L5 
4.5 
112 STAT. 288 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
833. 
834. 
835. 
836. 
837. 
838. 
839. 
840. 
841. 
842. 
843. 
844. 
845. 
846. 
847. 
848. 
849. 
850. 
851. 
852. 
853. 
854. 
855. 
856 
857. 
858. 
859. 
860. 
861. 
State 
Pennsylvania 
California 
Texas 
Virginia 
Michigan 
Michigan 
Ohio 
Tennessee 
Washington 
Minnesota 
New York 
Pennsylvania 
Puerto Rico 
Illinois 
New Jersey 
Tennessee 
Connecticut 
California 
Wisconsin 
New York 
Alabama 
California 
Pennsylvania 
Missouri 
Project description 
Improve T-344 Bridge over Mahantango 
Creek in Snyder County 
Construct Phase 3 of Alameda Street 
project, Los Angeles 
Construct Texas State Highway 49 be-
tween FM 1735 to Titus/Morris County 
Construct access road and related facili-
ties for Fisher Peak Mountain Music In-
terpretive Center on Blue Ridge Park-
way 
Construct grade separation on Sheldon 
Upgrade Three Mile Road, Grand Tra-
verse 
Relocate SR 30 for final design of south 
alternative in Carroll County 
Improve State Road 60 from Waterville to 
U.S. 64 in Bradley County 
Construct 192nd Street from SR 14 to SE 
15 
Reconstruct U.S. Highway 10, Waupaca 
Upgrade Highway 73 from 4.5 miles north 
of Floodwood to 22.5 miles north of 
Reconstruct Mamaroneck Avenue, White 
Reconfigure Pennsylvania Turnpike/Route 
Widen and improve Route 449 in Potter 
Upgrade PR 3 between Rio Grande and 
Construct Peoria City River Center park-
ing facility in Peoria 
Construct Route 29/129 bicycle, pedestrian 
and landscape improvement plan 
Upgrade 
Briley 
Parkway 
between 
McGavock Pike and 1
—
6
5 
Widen Route 4 in Torrington 
Widen 5th Street and replace 5th Street 
bridge in Highland, California 
Construct U.S. Highway 10, Freemont to 
Upgrade U.S. 71 interchange in Carthage, 
Construct Fordham University regional 
transportation facility 
Upgrade U.S. 63 in Howell County 
Construct East Foley corridor project from 
Baldwin County Highway 20 to State 
Highway 59 
Reconstruct Washington County covered 
Upgrade Route 4 East in Contra Costa 
Complete Broad Street ramps at Route 
Construct 
Strother 
Road/I-470 
inter-
(Dollars in 
millions) 
0.525 
2.5 
4.8 
2.7 
5.25 
0.75 
1 
1.2 
3.75 
9 
2.775 
4.375 
0.375 
0.75 
6 
3 
4.125 
4.2 
2.1 
0.75 
3 
0.75 
1.75 
6 
5.25 
1.7 
8.5 
1.6725 
3 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 289 
No. 
862. 
863. 
864. 
865. 
866. 
867. 
868. 
869. 
870. 
871. 
872. 
873. 
874. 
875. 
876. 
877. 
878. 
879. 
880. 
881. 
882. 
883. 
884. 
885. 
886. 
887. 
888. 
State 
Massachusetts 
Ohio 
Massachusetts 
West Virginia 
Ohio 
Tennessee 
California 
Illinois 
Kentucky 
Connecticut 
Connecticut 
Hawaii 
Pennsylvania 
Washington 
Ohio 
California 
Florida 
Project description 
Upgrade Route 9/Calvin Coolidge Bridge, 
Rail mitigation and improvement projects 
from Vermillion to Conneaut 
Construct I-95/I-93 interchange, Boston .. 
Construct Riverside Expressway, Fair-
Construct 
greenway 
enhancements 
in 
Reconstruct U.S. 27 in Morgan County 
Upgrade U.S. Route 35 between 1-64 and 
South Buffalo Bridge 
Construct 
I-5/Avenida Vista 
Hermosa 
interchange in San Clemente 
Upgrade Route 36 between Hamilton and 
Chillicothe 
Replace Lebanon Avenue Bridge and ap-
proaches, Belleville 
Construct U.S. 127: $5,250,000 for the Al-
bany Bypass from KY696 to Clinton 
County High School and $3,161,250 for 
the segment between KY696 and the 
Tennessee State Line 
Improve 
U.S. 
64 
in Hardeman 
and 
McNairy Counties 
Replace bridges over Harbor Brook, Meri-
den 
Reconstruct 
I-225/IlifF 
Avenue 
inter-
Reconstruct 
1-84 between vicinity 
of 
Route 69 in Waterbury and Marion Ave-
Improve Cross Westchester Expressway ... 
Design and engineering for intermodal 
transportation center, Astoria 
Construct 
enhancements 
and 
related 
measures, including purchase of vans 
for reverse commutes, to intermodal fa-
cility located at intersection of 52nd and 
Lancaster Avenue, Philadelphia 
Construct Edmonds Crossing Multimodal 
Construct Chagrin River/Gulley Brook 
corridor scenic greenway along 1-90 in 
Lake County 
Construct interchange between 1-15 and 
Main Street in Hesperia, California 
Reconstruct State Highway 87 between 
Sabine Pass and Bolivar Penninsula, 
McFadden Beach 
Widen State Route 29 between Route 281 
and Route 175 
Construct Hudson River scenic overlook 
from Route 9 to Waterfront in Pough-
Expand 126th Street in Carmel 
Widen Gunn Highway between Erlich 
Road 
and 
South 
Mobley 
Road 
in 
(Dollars in 
millions) 
9.375 
9 
3.75 
27 
2.3 
2.25 
31 
2.25 
20 
0.75 
8.41125 
3.75 
4.9125 
3.625 
4.5 
0.75 
0.225 
8.25 
3 
4.5 
1.045 
7.5 
0.9705 
0.275 
0.336 
0.75 
1.5 
112 STAT. 290 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
889. 
890. 
891. 
892. 
893. 
894. 
895. 
896. 
897. 
898. 
899. 
900. 
901. 
902. 
903. 
904. 
905. 
906. 
907. 
908. 
909. 
910. 
911. 
912. 
913. 
State 
Pennsylvania 
New York 
Mississippi 
Maine 
Louisiana 
New Jersey 
Michigan 
Georgia 
Oregon 
Pennsylvania 
Texas 
Project description 
Relocate PA 113 at Creamery Village in 
Upgrade Van Dyke Road between M 59 
and Utica City limits 
Replace the Ocean City-Longport bridge 
in Cape May County 
Construct County Road 93 between NYS 
27 and NYS 454 
Upgrade Brister Road between Tutwiler 
and Coahoma County line, Tallahatchie 
Conduct highway 65 improvement and 
mitigation project 
Construct road drainage improvements, 
Suttons Bay Village 
Construct 25.5 miles of the Perkiomen 
Trail 
Upgrade Bishop Ford Expressway/142nd 
Implement rural ITS 
Widen U.S. 84 from 1-55 at Brookhaven 
to U.S. 49 at Collins 
Widen Coliunbia Center Boulevard in 
Kennewick 
Repair signal wires, grade-crossing warn-
ing devices and other safety protections 
along South Shore Railroad between 
Gary and Michigan City 
Replace St. Johns River Bridge in Volusia 
and Seminole Counties 
Construct East-West Corridor project in 
Southwest Louisiana 
Improve and reconstruct Commerce Street 
in York Town 
Widen SR 522 in Snohomish County: 
$3,650,000 for phase 1 from SR 9 to 
Lake Road; $1,550,000 to construct seg-
ment from Paradise Lake Road to Sno-
homish River Bridge 
Design and construct pedestrian access fa-
cility from Joseph G. Minish Waterfront 
Park over Route 21 to the New Jersey 
Performing Arts Center and the contig-
uous light rail station in Newark 
Construct a segment of the 1-66 corridor 
from Somerset to 1-75 
Construct arterial connector between U.S. 
41/M 28 and County Road 480, Mar-
quette 
Upgrade 
State 
Highway 
29 
between 
Green Bay and Wausau 
Construct surface transportation facilities 
along Atlanta-Griffin-Macon corridor 
Repair Port of Hood River Bridge Lift 
Span project 
Construct noise abatement barriers along 
U.S. 581 from 1-83 2.0) miles west in 
Cumberland County 
Widen Highway 287 from Creek Bend 
Drive to Waxahacie bypass 
(Dollars in 
millions) 
2.7 
2.775 
19.5 
0.515 
0.3825 
4.275 
0.18 
0.486 
1.125 
0.1875 
0.6875 
1.2075 
0.275 
10.5 
0.75 
0.28 
5.2 
1 
11.25 
0.375 
9 
29.25 
1.125 
0.36 
5.125 
PUBLIC LAW 105-178-JlJNE 9, 1998 
112 STAT. 291 
No. 
914. 
915. 
916. 
917. 
918. 
919. 
920. 
921. 
922. 
923. 
924. 
925. 
926. 
927. 
928. 
929. 
930. 
931. 
932. 
933. 
934. 
935. 
936. 
937. 
938. 
939. 
940. 
941. 
942. 
State 
Oregon 
Texas 
New Hampshire .... 
Tennessee 
California 
New Jersey 
New York 
Puerto Rico 
Pennsylvania 
New Hampshire .... 
Massachusetts 
Illinois 
California 
Pennsylvania 
Washington 
New York 
Michigan 
New York 
Ohio 
Connecticut 
Pennsylvania 
Pennsylvania 
California 
Texas 
Project description 
Design and engineering for Tualatin-Sher-
wood Bypass 
Implement "Hike and Bike" trail program, 
Houston 
Widen 1-93 from Salem north 
Construct State Route 30 from Athens to 
Etowah in McMinn County 
Undertake median improvements -along E. 
14th Street, San Leandro 
Construct Toms River bridge project con-
necting Dover and South Toms River 
Borough 
Improve ferry infrastructure in Greenport 
Upgrade PR 30 between PR 203 in 
Gurabo to PR 31 in Juncos 
Improve access and interchange from 1-95 
to the international terminal at Phila-
delphia International Airport 
Construct Orford Bridge 
Construct 
roadway 
improvements 
on 
Crosby Drive and Middlesex Turnpike, 
Beford, Burlington and Billerica 
Reconstruct Midlothian Turnpike, Robbins 
Plan, design and construct interchange 
between 1-15 and Sante Fe Road in 
Reconstruct and widen U.S. Route 222 to 
four-lane 
expressway 
between 
Lan-
caster/Berks County line and Grings 
Mill Road and construction of Warren 
Street extension in Reading 
Upgrade roads within Leakin Park Inter-
modal Corridor, Baltimore 
Widen SR522 from SR 9 to Paradise Lake 
Construct NYS Route 27 at intersection of 
North Monroe Avenue 
Construct 
Detroit 
Metropolitan/Wajme 
County South Access Road 
Reconstruct U.S. 6, Harvey 
Redesign Grand Concourse to enhance 
traffic flow and related enhancements 
between E. 161st Street and Fordham 
Road, New York City 
Construct Black River intermodal trans-
portation center 
Rehabilitate Route 202 bridge in New Mil-
ford 
Construct park and ride facilities in 
Lower Bucks County 
Widen U.S. 11/15 between Mt. Patrick 
and McKees Half Falls in Perry County 
Undertake Industrial Transportation Im-
provement Program in Chicago 
Improve streets and construct bicycle 
paths, Agoura Hills 
Implement City of Compton traffic signal 
systems improvements 
Construct relief route around Alice 
Reconstruct 
Harbor 
Boulevard/SR22 
Interchange, City of Garden Grove 
(Dollars in 
millions) 
0.375 
6 
9.36 
7.74 
0.75 
2.25 
0.75 
6 
3 
2.836 
5.78775 
0.216 
3 
19 
2.4 
3.6 
4.215 
15 
1.245 
9.75 
3.45 
2.025 
1.125 
3.75 
3.2625 
0.65 
3.75 
0.1875 
1.5 
112 STAT. 292 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
943. 
944. 
945. 
946. 
947. 
948. 
949. 
950. 
951. 
952. 
953. 
954. 
955. 
956. 
957. 
958. 
959. 
960. 
961. 
962. 
963. 
964. 
965. 
966. 
967. 
>i -
State 
North Carolina .. . 
Utah 
Utah 
Minnesota 
Arkansas 
Louisiana 
New York 
Washington 
Indiana 
North Carolina 
New Jersey 
Georgia 
Georgia 
Project description 
Upgrade U.S. 158 (including bypasses of 
Norlina, Macon and Littleton) in Hali-
fax and Warren Counties 
Construct 7800 South from 1300 West to 
Bangerter Highway in West Jordan 
Widen and improve 123rd/126th South 
from Jordan River to Bangerter High-
Construct U.S. 127 Jamestown Bypass 
Upgrade Cass County Road 105 and Crow 
Wing County Road 125, East Gull Lake 
Construct Highway 82 from Hamburg to 
Montrose 
Construct Port of South Louisiana Con-
nector in Saint John the Baptist Parish 
Rehabilitate Broadway Bridge in Portland 
Construct Metairie Rail 
Improvements 
and Relocation project in Jefferson and 
Orleans Parishes 
Construct Port of Longview Industrial 
Rail Corridor and Fibre Way Overpass 
in Longview 
Study transportation improvements for 
segments of Hutchinson River Parkway 
and New England Thruway through the 
Northeast Bronx 
Construct 1-73/74 Corridor, including con-
nectors with WV Route 44 and County 
Route 13 (Gilbert Creek), Mingo County 
Improve I-90/Sunset Way interchange in 
Construct Marina Access Road in East 
Construct bridge over Tennessee River 
connecting Muscle Shoals and Florence 
Resurface 63rd Street from Western Ave-
Upgrade Highway 55 between U.S. 64 and 
State Route 1121, Wake and Durham 
Upgrade Ridge Road between Griffith and 
Construct Hermann Bridge on Highway 
19 in 
Montgomery 
and 
Gasconade 
Replace Groveville-Allentown Road bridge 
Upgrade U.S. 60 in Carter County 
Construct the Fall Line Freeway from 
Construct 
American 
Parkway 
Bridge 
Upgrade U.S. Route 19 between Albany 
and Thomaston 
Construct noise barriers on the west side 
of 1-185 between Macon Road and Air-
port Thruway and on 1-75 between Mt. 
Zion Road and Old Dixie Highway in 
(Dollars in 
millions) 
2.25 
5.85 
4.5 
4.35 
0.72 
5.375 
0.525 
7.5 
6 
1.875 
1 
9.05 
14.85 
1 
10 
0.5625 
17.25 
3.3 
1.1 
2.4 
20.25 
17.25 
3 
3.75 
0.75 
-:^t^ 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 293 
No. 
968. 
969. 
970. 
971. 
972. 
973. 
974. 
975. 
976. 
977. 
978. 
979. 
980. 
981. 
982. 
983. 
984. 
985. 
986. 
987. 
988. 
989. 
990. 
991. 
992. 
993. 
994. 
995. 
State 
Oregon 
Minnesota 
Minnesota 
Utah 
California 
New York 
Massachusetts 
Mississippi 
California 
Michigan 
California 
Pennsylvania 
Ohio 
New York 
Alaska 
Washington 
Tennessee 
Michigan 
California 
Project description 
Construct 
1-205/Sunnyside/Sunnybrook 
interchange 
and 
related 
extrension 
road, Clackamas County 
Widen Trunk Highway 14/52 from 75th 
Street, NW to Trunk Highway 63 in 
Rochester 
Upgrade CSAH 61 between TH324 and 
Snake River 
Construct underpass at 100th South in 
Sandy 
Improve roadway to provide access to 
Hansen Dam Recreation Area in Los 
Angeles 
Construct Erie Canal Preserve 1-90 rest 
stop in Port Byron 
Construct bike path between Route 16 
(Everett) to Lynn Oceanside 
Construct Kingsport Highway in Washing-
ton County 
Widen State Route 6 from Pontotoc to 
U.S. 45 at Tupelo 
Construct pedestrian and bicycle pathway 
to connect with the Mississippi River 
Trail, and restore adjacent historic cob-
blestones on riverfront, Memphis 
Construct improvements to Harry Bridges 
Boulevard, Los Angeles 
Construct NE 35 alternative and modified 
route expressway in Norfolk and Wayne 
Upgrade Davison Road between Belsay 
and Irish Roads, Genessee County 
Relocate segment of Route 33 (Scott Miller 
Bypass), Roane County 
Rehabilitate B Street between Foothill 
Boulevard and Kelly Street, Hayward ... 
Construct exit ramp on 1-180 at State 
Route 2049 in Lycoming County 
Improve streets and related bicycle lane 
in Oak Park, Ventura County 
Upgrade 11 warning devices on the rail 
north/south line from Toledo to Deshler 
Expand U.S. 278 in Cullman County 
Improve the Avenue H overpass in Lan-
Construct U.S. 219 from Route 39 to 
Route 17 
Widen State Highway 35 from SH288 in 
Angleton 
to 
FM521 
and 
dedicate 
$630,000 to the acquisition of right-of-
way in Brazoria County 
Extend Kenai Spur Highway-North Road 
in Kenai Peninsula Borough 
Construct Interstate 405/NE 8th Street 
interchange project in Bellevue 
Implement ITS technologies, Nashville 
Construct Galveston Island Causeway Ex-
pansion project, Galveston 
Improve 1-69 in Branch, Eaton and Cal-
houn Counties 
Improve streets in Canoga Park and 
(Dollars in 
millions) 
17.2 
9.75 
0.9 
3.51 
0.75 
2.25 
L275 
1.5 
11.25 
2.25 
6.5 
3.375 
3.2 
4 
0.525 
7.875 
0.466 
0.825 
5.4 
4.575 
20 
5.175 
6 
17.625 
2.8 
0.5475 
1.875 
1 
112 STAT. 294 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
996. 
997. 
998. 
999. 
1000. 
1001. 
1002. 
1003. 
1004. 
1005. 
1006. 
1007. 
1008. 
1009. 
1010. 
1011. 
1012. 
1013. 
1014. 
1015. 
1016. 
1017. 
1018. 
1019. 
State 
Illinois 
Ohio 
California 
Pennsylvania 
New York 
California 
New Jersey 
Ohio 
Colorado 
Louisiana 
New York 
New York 
Arkansas 
Louisiana 
Project description 
Undertake improvements to 127th Street, 
Cicero Avenue and Route 83 to improve 
safety and facilitate traffic flow, Crest-
wood 
Construct new traffic signal and intersec-
tion upgrade for Village of Hebron in 
Licking County 
Upgrade U.S. 101 from Eureka to Areata 
Construct bicycle and pedestrian facility 
between 
Washington's 
Landing 
and 
Millvale Borough, Allegheny County 
Construct Maybrook Corridor bikeway in 
Dutchess County 
Construct I-10/Barton Road West/Ander-
son Street connection 
Construct Jackson International Airport 
Parkway and connectors from 
High 
Street to the Jackson International Air-
port in Jackson 
Upgrade 
1-78 interchange 
and 
West 
Implement enhanced traffic access be-
tween I-10, area hospitals and southern 
portion of Loma Linda 
Construct SR 711 connector four-lane lim-
ited access highway in Mahoning Coun-
ty 
Extend NW 86th Street from NW 70th 
Street to Beaver Drive in Polk County .. 
Construct State Route 56 North connec-
tors at 1-5 and North and South connec-
tors at 1
—
1
5 in San Diego 
Construct the Ashdown Bypass/Overpass 
Reconstruct and upgrade I-70/I-25 Inter-
change, Denver 
Construct Zachary Taylor Parkway project 
Upgrade Rochester Road between 1-75 
and Torpsey St 
Construct I-10/Louisiana Avenue inter-
Construct County Route 21, Peeksill Hol-
low Road renovation project 
Undertake Perimeter Central 
Parkway 
Overpass 
project 
and 
Ashford 
Dunwoody interchange improvements at 
1-285, De Kalb County 
Upgrade Highway 53 between Virginia 
and Cook 
Initiate study and subsequent develop-
ment and engineering of an 
inter-
national trade corridor in St. Lawrence 
Construct Alameda Corridor East, San 
Gabriel Valley 
Upgrade Highway 63, Marked Tree to 
Lake David 
Congestion mitigation and safety improve-
ments to the Central thruway in Baton 
Rouge 
(Dollars in 
millions) 
2 
0.06 
0.65 
0.4 
1.404 
3.75 
7.5 
3.725 
1.5 
25 
5.25 
3 
3.875 
9 
1 
9.225 
6 
7.577 
0.075 
1.5 
L5 
2.205 
10 
2.25 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 295 
No. 
1020. 
1021. 
1022. 
1023. 
1024. 
1025. 
1026. 
1027. 
1028. 
1029. 
1030. 
1031. 
1032. 
1033. 
1034. 
1035. 
1036. 
1037. 
1038. 
1039. 
1040. 
1041. 
1042. 
1043. 
State 
Maryland 
Ohio 
Texas 
West Virginia 
Massachusetts 
Ohio 
Rhode Island 
Minnesota 
Florida 
Ohio 
Texas 
Oklahoma 
Tennessee 
Virginia 
Connecticut 
Florida 
Louisiana 
Illinois 
Massachusetts 
New Jersey 
New Jersey 
New York 
Project description 
Reconstruct Baltimore Washington Park-
way at Route 197, Prince Georges Coun-
ty 
Construct Wilmington Bypass, Wilming-
ton 
Construct Houston Street Viaduct project 
in Dallas 
Construct 
1-73/74 
Corridor, 
including 
interchange 
with 
U.S. 460, 
Mercer 
County 
Reconstruct Pleasant Street-River Ter-
race, Holyoke 
Improve and widen SR 45 from North of 
tiie 1-90 interchange to North Bend 
Road in Ashtabula County 
Install directional signs in Newport and 
surrounding communities 
Construct Highway 210 trail/underpass, 
Brainerd/Baxter 
A-l-A Beautification project in Daytona .. 
Widen Licking SR 79-06.65 (PID 8314) in 
Licking County 
Relocate railroad tracks to eliminate road 
crossings, and provide for the rehabili-
tation of secondary roads providing ac-
cess to various parts of the Port and the 
construction of new connecting roads to 
access new infrastructure safely and ef-
ficiently, Brownsville 
Reconstruct U.S. 70 from Broken Bow to 
Arkansas State line in McCurtain Coun-
ty 
Improve County Road 374 in Montgomery 
County 
Enhance Maple Avenue streetscape in Vi-
enna 
Widen Route 10 from vicinity of Lazy 
Lane to River Street in Southington 
Widen U.S. 192 between County Route 
532 and 1-95 in Brevard and Osceola 
Construct Leeville Bridge on LA 1 
Construct 1-57 interchange. Coles County 
Upgrade Route 2 between Philipston and 
transportation and maintenance facility 
in Union City in order to replace the NJ 
Transit depot 
Construct Technology Avenue 
between 
U.S. Route 45 East 
to 
Willenborg 
Street, Effingham 
Replace Maple Grange Road bridge over 
Pochuck Creek in Sussex County 
Construct CR 96 from Great South Bay to 
Montauk Highway in Suffolk County .... 
Construct connector road from the pro-
posed U.S. 58 Stuart bypass to Route 8 
South beginning at the intersection of 
Johnson Street in Stuart to Route 652 .. 
(Dollars in 
millions) 
1L25 
3.75 
5.125 
15 
1.2 
6.17 
0.225 
0.48 
3.3 
9 
4.5 
3.93 
3.75 
2.025 
3.48 
18.75 
1.125 
8.15 
3 
2 
2.735 
1.35 
0.275 
5.25 
59-194 O - 98 - 11: QL 3 Part 1 
112 STAT. 296 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
1044. 
1045. 
1046. 
1047. 
1048. 
1049. 
1050. 
1051. 
1052. 
1053. 
1054. 
1055. 
1056. 
1057. 
1058. 
1059. 
1060. 
1061. 
1062. 
1063. 
1064. 
1065. 
1066. 
1067. 
1068. 
1069. 
1070. 
1071. 
1072. 
1073. 
1074. 
State 
Pennsylvania 
Connecticut 
Ohio 
Alabama 
Connecticut 
Louisiana 
New Jersey 
Michigan 
California 
Massachusetts 
California 
Indiana 
Connecticut 
Missouri 
New York 
Illinois 
Tennessee 
Ohio 
Nevada 
Pennsylvania 
Minnesota 
Florida 
Missouri 
Nebraska 
Pennsylvania 
Illinois 
California 
Utah 
Iowa 
Florida 
Washington 
Project description 
Replace bridge over Shermans Creek in 
Carroll 
Construct bicycle and pedestrian walk-
way, Town of East Hartford 
Construct grade separations at 
Front 
Street and Bagley Road, Berea 
Upgrade SR 5 in Perry County 
Implement Trinity College Area road im-
provements, Hartford 
Construct North/South Road/I-10-U.S. 61 
connection in Kenner 
Design and construction Belford Ferry 
Terminal in Belford 
Construct safety enhancements at rail 
crossings. Linden, Fenton, Swartz Creek 
and Gaines 
Extend 7th Street between F Street and 
North 7th Street, Sacramento 
Upgrade Spring Street between Bank and 
Latham Streets, Williamstown 
Complete Citraeado Parkway project in 
San Diego County 
Conduct railroad relocation study in Mun-
cie 
Improve 
Route 
4 
intersection 
in 
Harwinton 
Widen U.S. 63 in Randolph and Boone 
Construct City of Glen Cove waterfront 
improvements 
Reconstruct Greenbriar Road with con-
struction of new turn lanes in vicinity of 
John A. Logan College in Carterville 
Construct bridge and approaches on State 
Route 33 over the Tennessee River 
(Henley Street Bridge) 
Construct SR 315 Ohio State University 
Ramp project in Franklin County 
Improve at-grade railroad crossings in 
Reno 
Construct Williamsport-Lycoming County 
Airport Access road from 1-180 to the 
airport 
Construct bicycle and pedestrian facility 
(Mesabi Trail), St. Louis County 
Widen State Road 44 in Volusia County ... 
Upgrade MO Route 150, Jackson County 
Construct bridge in Newcastle 
Construct PA 36 Convention Center Con-
Rehabilitate 
Western 
Springs 
Arterial 
Rehabilitate Highway 1 in Guadalupe 
Widen 7200 South in Midvale 
Construct 1-29 airport interchange over-
pass in Sioux City 
Restore and rehabilitate Miami Beach 
Bridge and waterfront in Miami Beach, 
Improve Huntington Avenue South in 
Castle Rock 
(Dollars in 
millions) 
0.75 
0.9 
14.25 
1.275 
5.1075 
5 
3.45 
0.75 
L5 
L5 
2.25 
0.045 
1.35 
3L5 
3.75 
1.05 
9.9 
3.5 
1.875 
5.25 
2.25 
1.6875 
4.5 
3 
0.75 
0.825 
0.375 
0.99 
4.65 
1.35 
0.5625 
-^.: 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 297 
No. 
1075. 
1076. 
1077. 
1078. 
1079. 
1080. 
1081. 
1082. 
1083. 
1084. 
1085. 
1086. 
1087. 
1088. 
1089. 
1090. 
1091. 
1092. 
1093. 
1094. 
1095. 
1096. 
1097. 
1098. 
1099. 
1100. 
1101. 
1102. 
1103. 
1104. 
State 
Michigan 
South Carolina 
New Jersey 
New York 
Minnesota 
Pennsylvania 
Indiana 
New Hampshire .... 
Oregon 
Dist. of Columbia .. 
Arkansas 
Ohio 
Pennsylvania 
Alabama 
New York 
Project description 
Implement Trunk Highway 8 Corridor 
projects, Chisago County 
Relocate U.S. 31 from River Road to 
Naomi Road in Berrian County 
Construct I-95/I-26 interchange, Orange-
burg County 
Upgrade State Highway 35 Houston Dis-
trict Brazoria County 
Improve Halfway Boulevard east and west 
of Exit 5,1-81 in Washington County ... 
Upgrade D Street between Grand and 
Second Streets, Hayward 
Undertake improvements associated with 
the South Amboy Regional Intermodal 
Replace Kennedy-class ferries, Staten Is-
land 
Expand Winters Freeway (U.S. 83/84) in 
Abilene between Southwest Drive and 
U.S. 277 
Replacement and renovation of Carlton 
Bridge, Bath/Woolwich 
Rehabilitate Jay Covered Bridge in Essex 
County 
Construct Elk River bypass from 171st 
Avenue at Highway 10 to intersection of 
County Roads 12 and 13 at Highway 
169 
Construct Route 72 overpass at Conrail in 
Upgrade Route 31 and other roads, St. Jo-
seph and Elkhart Counties 
Install call boxes along Highway 166 be-
tween intersection with Highway 101 
and junction with Highway 33 
Construct Chestersfield Bridge 
Construct bike path between Terry Street 
and Greenhill Road, Eugene 
Conduct MIS of light rail corridors 
Enhance area in the vicinity of Dickson 
Extend North Delaware Avenue between 
Lewis Street and 
Orthodox 
Street, 
Reconstruct Wheeling Avenue in Muncie .. 
Construct interchange at 1—480 in Inde-
pendence 
Relocate PA 18 between 9th Avenue and 
32nd Street, Beaver Falls 
Construct Eastern Shore Trail project in 
Studies and planning for extension of 1-95 
Replace bridge over Tombigbee River, 
Reconstruct Cossitt Avenue in LaGrange 
Improve Broadway in North Castle in 
Westehester County 
Construct access improvements to Port of 
Rochester Harbor, Rochester 
Reconstruct Broad Street between Maple 
Street to Sixth Street, Evansville 
(Dollars in 
millions) 
12.475 
13.5 
8.5 
6.92 
3 
0.9 
12 
30 
8.4 
6 
0.75 
2.4 
6.6075 
4.5 
0.216 
2.536 
1.17 
0.75 
1.125 
4.2 
1.2 
3.5 
1.05 
1.01625 
2.125 
2.25 
1.485 
1.26 
12 
0.2625 
112 STAT. 298 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
1105. 
1106. 
1107. 
1108. 
1109. 
1110. 
1111. 
1112. 
1113. 
1114. 
1115. 
1116. 
1117. 
1118. 
1119. 
1120. 
1121. 
1122. 
1123. 
1124. 
1125. 
1126. 
1127. 
1128. 
1129. 
1130. 
1131. 
1132. 
1133. 
1134. 
1135. 
State 
California 
Alabama 
Pennsylvania 
California 
Illinois 
Minnesota 
Michigan 
New York 
California 
Pennsylvania 
Virgin Islands 
New Mexico 
California 
Kansas 
New York 
New York 
Pennsylvania 
Utah 
California 
Florida 
Texas 
Illinois 
Connecticut 
Florida 
Mississippi 
Mississippi 
Pennsylvania 
Michigan 
Project description 
Widen SR 71 from Riverside County to SR 
91 
Construct improvements to 19th Street 
between 1-59 and Tuxedo Junction, Bir-
mingham 
Improve safety on PA 41 from U.S. 30 to 
PA 926 
Construct 6th £ind 7th Street overpass 
over railroad yard, Brownsville 
Upgrade intersection of Folsom Boulevard 
Upgrade TH6 between Talmoon and High-
way 1 
Extend Trowbridge Road from Harrison 
Road to Red Cedar Road 
Reconstruct Flushing Avenue 
between 
Wycoff Avenue and Gates Street 
Construct 1-580 interchange, Livermore ... 
Upgrade South Lake Shore Drive between 
47th and Hayes, Chicago 
Improve PA 26 in Huntingdon County 
Construct bypass around Christiansted .... 
Complete the Paseo del Norte East Cor-
ridor in Bernalillo County 
Upgrade Industrial Parkway Southwest 
between Whipple Road and improved 
segment of the parkway, Hay 
ward 
Widen U.S. 81 from Minneapolis, Kansas 
to Nebraska 
Construct sound barriers on Grand Cen-
tral Parkway between 244th Street and 
Douglaston Parkway 
Construct Bike Paths along the Bronx 
River in Bronx Park 
Conduct preliminary engineering and de-
sign for the U.S. 219 bypass of Bradford 
Widen and improve 123rd/126th South 
from 700 East to Jordan River in Drap-
er 
Construct Olympic Training Center Access 
road, Chula Vista 
Pedestrian safety initiative on U.S. 19 in 
Pinellas County 
Construct U.S. Highway 59 railroad cross-
ing overpass in Texarkana 
Widen and improve U.S. 34 intechange in 
Construct 
Hartford 
Riverwalk 
South, 
Rehabilitate transportation facilities in 
CO-OP City 
Widen and realign EUer Drive in Port Ev-
Construct 1-20 interchange at Pirate Cove 
Widen U.S. 98 from Pike County to 
Improve Route 219 in Clearfield County ... 
Replace Barton Road/M 14 interchange. 
(Dollars in 
millions) 
13 
0.675 
6 
0.375 
7.5 
0.9 
0.9 
1.875 
2.25 
9.9 
5.85 
0.75 
6 
3.325 
0.45 
20.85 
0.375 
0.25 
0.75 
6.3 
5 
5.1 
2.625 
6 
2.64 
1 
4.2 
0.75 
0.6875 
0.75 
0.75 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 299 
No. 
1136. 
1137. 
1138. 
1139. 
1140. 
1141. 
1142. 
1143. 
1144. 
1145. 
1146. 
1147. 
1148. 
1149. 
1150. 
1151. 
1152. 
1153. 
1154. 
1155. 
1156. 
1157. 
1158. 
1159. 
1160. 
1161. 
1162. 
1163. 
1164. 
1165. 
State 
Nebraska 
New York 
California 
Illinois 
Kentucky 
New Jersey 
California 
Utah 
Pennsylvania 
New Jersey 
Michigan 
Pennsylvania 
Washington 
New York 
Ohio 
Texas 
Michigan 
Tennessee 
Massachusetts 
Pennsylvania 
Washington 
Hawaii 
West Virginia 
Florida 
Michigan 
Florida 
Colorado 
Pennsylvania 
California 
Project description 
Construct the Antelope Valley Overpass 
in Lincoln 
Reconstruct Niagara Street, Quay Street, 
and 8th Street including realignment of 
Qual Street and 8th Avenue in Niagara 
Falls 
Upgrade and synchronize traffic lights in 
the Alameda Corridor East in Los Ange-
les County 
Widen U.S. 20 in Freeport 
Reconstruct Liberty and Todd Roads, Lex-
ington 
Upgrade Montvale/Chestnut Ridge Road 
and Grand Avenue intersection at Gar-
den State Parkway in Bergan County ... 
Widen SR 23 between Moorpark and 
Thousand Oaks 
Extend Main Street from 5600 South to 
Construct access road to Hastings Indus-
trial Park, Cambria County 
Improve Old York Road/Rising Run Road 
intersection in Burlington 
Construct deceleration lane in front of 
4427 Wilder Road, Bay City 
Construct 1-81 noise abatement program 
in Dauphin County 
Construct Peace Arch Crossing of Entry 
(PACE) lane in Blaine 
Traffic 
Mitigation Project on William 
Street and Losson Road in Cheektowaga 
Construct North Belt Freeway 
Improve and widen SR 91 from SR 43 
south to county line/city line in Solon .... 
Upgrade U.S. Route 59 between U.S. 281 
to 1-37 
Construct M 24 Corridor from 1-69 to 
southern Lapeer County 
Construct greenway and bicycle path cor-
ridor. City of White House 
Rehabilitate Union Station in Springfield 
Install 
city-wide 
signalization 
(SAMI) 
project in Lebanon 
Widen SR 543 from 1-5 to International 
Replace Sand Island bridge 
Upgrade Route 10 between Logan and 
Expand Palm Valley Bridge in St. Johns 
Improve U.S. 31 from Holland to Grand 
Upgrade U.S. 319 between I-10 and the 
Florida/Georgia State line 
Improve SH 74/JC 73 interchange. City of 
Evergreen in Jefferson County 
Improve Route 94 Corridor through Han-
over to Maryland State Line 
Undertake San Pedro Bridge project at SR 
(Dollars in 
millions) 
5.625 
2.625 
17.25 
3.825 
6 
0.375 
10.5 
10.35 
3.05 
4.98 
0.015 
0.48 
4.9 
3 
5.25 
4.25 
12 
2 
3.2 
12 
0.75 
10.2 
0.75 
50 
3.1 
2.25 
3.75 
4.188 
6 
1.125 
112 STAT. 300 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
1166. 
1167. 
1168. 
1169. 
1170. 
1171. 
1172. 
1173. 
1174. 
1175. 
1176. 
1177. 
1178. 
1179. 
1180. 
1181. 
1182. 
1183. 
1184. 
1185. 
1186. 
1187. 
1188. 
1189. 
1190. 
1191. 
1192. 
1193. 
1194. 
1195. 
1196. 
1197. 
1198. 
State 
Michigan 
Illinois 
Virginia 
Utah 
New Jersey 
California 
Pennsylvania 
North Carolina 
California 
Mississippi 
Tennessee 
Florida 
Ohio 
New York 
North Dakota 
Ohio 
Ohio 
Mississippi 
California 
Missouri 
North Carolina 
Minnesota 
Washington 
Project description 
Upgrade 
Tittabawasee 
Road 
between 
Mackinaw Road and Midland Road, 
Saginaw County 
Improve IL 159 in Edwardsville 
Improve East Eldon Street in Hemdon 
Construct Cleveland Bypass 
Widen SR 36 from 1-80 to Mills Junction 
Eliminate Berlin Circle and 
signalize 
intersection in Camden 
Upgrade U.S. Route 412, Fulton County 
line to Missouri State line 
Upgrade Del Almo Boulevard at 1-405 
Improve access to McKeesport-Duquesne 
Construct U.S. 64/264 in Dare County 
Construct Gene Autry Way/I-5 Access 
Construct Veterans' Memorial overpass in 
Pima County 
Conduct preliminary engineering on 1-73 
between Roanoke and Virginia/North 
Carolina State line 
Upgrade roads, Washington County 
State Highway 109 upgrade planning and 
engineering, Sumner County 
Construct John Young Parkway/I-4 inter-
Rehabilitate and upgrade 87th Street Sta-
tion to improve intermodal access 
Upgrade SR 124 between Five Points and 
Ravenswood Bridge, Meigs County 
Construct Broadway Viaduct, Denver 
Construct Bay Shore Road SR 231 to SR 
27 in Suffolk County 
Construct Jamestown bypass 
Upgrade State Route 18 between 1-71 and 
1-77 
Construct Overland Drive overcrossing in 
Temecula 
Upgrade U.S. Route 422 through Girard .. 
Widen MS 45 from Brooksville to U.S. 82 
Extend Highway 41 in Madera County 
Construction and upgrade of U.S. 71/1-49 
in Newton and McDonald County 
Upgrade U.S. 158 in Warren and Halifax 
Reconstruct 1
—
7
4 through Peoria 
Construct Shepard Road/Upper Landing 
interceptor, St. Paul 
Construct segment 1 of a bypass to 1-35 
known as SH 130. The State of Texas 
shall consult with all appropriate local 
officials, representatives of the affected 
local communities, and provide for pub-
lic comment prior to determining a final 
Redevelop Port of Anacortes waterfront .... 
Construct 1-15 Galinas interchange in 
(Dollars in 
millions) 
3 
3.20625 
0.375 
10.125 
2.25 
6 
7.5 
5 
2.15 
0.75 
6.75 
11.25 
3 
3.3075 
1.84 
6 
1.7715 
3.75 
3 
7.53 
3.6 
1.55 
3.75 
4.72 
3.375 
5.5 
24.97725 
2.25 
2 
2.25 
13.5 
0.05 
6.375 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 301 
No. 
1199. 
1200. 
1201. 
1202. 
1203. 
1204. 
1205. 
1206. 
1207. 
1208. 
1209. 
1210. 
1211. 
1212. 
1213. 
1214. 
1215. 
1216. 
1217. 
1218. 
1219. 
1220. 
1221. 
1222. 
1223. 
1224. 
1225. 
1226. 
State 
New Jersey 
Michigan 
Maine 
Rhode Island 
Oregon 
Maine 
New York 
New Hampshire .... 
New Jersey 
California 
Indiana 
Arkansas 
Oklahoma 
Minnesota 
Mississippi 
Connecticut 
Pennsylvania 
Arkansas 
Michigan 
Pennsylvania 
Indiana 
Illinois 
Indiana 
Kentucky 
Project description 
Replace Kinnaman Avenue bridge over 
Pohatcong Creek in Warren county 
Upgrade (all weather) on U.S. 2, U.S. 41, 
and M 35 
Upgrade Route 11 
Reconstruct Harris Avenue, Woonsocket... 
Construct bike path between Main Street/ 
Highway 99 in Cottage Grove to Row 
River Trail, Cottage Grove 
Improve Route 26 
Rehabilitate Third Avenue Bridge over 
Harlem River, New York City 
Construct the Keene bypass 
Construct grade separation of Route 35 
and Tinton Falls and extend Shrews-
bury Avenue in Monmouth 
Reconstruct La Loma Bridge in Pasadena 
Remove and replace Walnut Street in 
Muncie 
Construct U.S. 270 East-West Arterial in 
Hot Springs 
Reconstruct and widen 1-40 Crosstown 
Bridge and Realignment in downtown 
Oklahoma City, including demolition of 
the existing bridge, vehicle approach 
roads, interchanges, intersections, sig-
nalization and supporting structures be-
tween 1
—
3
5 and 1-44 
Widen Meacham Boulevard from I-35W to 
FM 146 and extend Meacham Boule-
vard from west of FM 156 to North 
Main Street 
Upgrade CSAH 116 north of CSAH 88 in 
Ely 
Upgrade West County Line Road, City of 
Construct Imperial Highway grade sepa-
ration and sound walls at Esperanza 
Road/Orangethorpe Avenue in Yorba 
Widen 1-15 from California State line to 
Las Vegas 
Improve and realign Route 8 in Win-
Reconstruct U.S. 70 in Marshall and 
Bryan Counties 
Construct California University of Penn-
sylvania intermodal facility 
Construct turning lanes at U.S. 71/AR 8 
Construct intermodal freight terminal in 
Wayne County 
Improve PA 17 from PA 274 to PA 850 in 
Perry County 
Install 
traffic 
signalization system 
in 
Upgrade U.S. 40 in Martinsville 
Construct SR 9 bjrpass in Greenfield 
Conduct feasibility study for Northern 
Kentucky High Priority Corridor (1-74) 
(Dollars in 
millions) 
1.2 
1.275 
3 
L5 
0.23 
1.125 
L5 
4.899 
3.75 
2.25 
1.605 
6.875 
72.7875 
2 
L2 
8.25 
12.515 
1.875 
1.515 
0.11 
1 
0.1875 
18 
0.75 
0.675 
0.094 
2.3625 
0.375 
112 STAT. 302 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
1227. 
1228. 
1229. 
1230. 
1231. 
1232. 
1233. 
1234. 
1235. 
1236. 
1237. 
1238. 
1239. 
1240. 
1241. 
1242. 
1243. 
1244. 
1245. 
1246. 
1247. 
1248. 
1249. 
1250. 
1251. 
1252. 
1253. 
State 
Hawaii 
Florida 
Mississippi 
South Dakota 
Illinois 
Texas 
New York 
Ohio 
California 
Massachusetts 
Illinois 
West Virginia 
New Jersey 
Kansas 
Pennsylvania 
Missouri 
Pennsylvania 
West Virginia 
New York 
West Virginia 
New Hampshire .... 
Washington 
Iowa 
Pennsylvania 
Ohio 
Texas 
Project description 
Construct interchange at junction of pro-
posed North-South road and H 1 
Construct improvements to JFK Boule-
vard, Eatonville 
Construct access improvments to various 
roads, Humphreys County 
Construct Heartland Expressway Phase I 
Construct 
Raney 
Street 
Overpass 
in 
Effingham 
Road improvements along historic mission 
trails in San Antonio 
Construct Elmira Arterial from Miller to 
Cedar 
Construct a new interchange at County 
Road 80 and 1-77 in Dover 
with 
$100,000 to preserve or reconstruct the 
Tourism Information Center 
Construct Airport Boulevard interchange 
Construct South Weymouth Naval Air 
Station Connectivity Improvements 
Construct new entrance to Midway Air-
port Terminal 
Preliminary engineering, design and con-
struction of the Orgas to Chelayn Road, 
Boone County 
Construct U.S. 22/Chimney Rock Road 
interchange in Somerset County 
Reconstruct K 7 from Lone Elm Road to 
Harrison 
Install traffic signal upgrade in Clearfield 
Borough in Clearfield County 
Construct Grand Avenue viaduct over Mill 
Creek Valley in St. Louis 
Construct improvements to North Shore 
Roadway and access in the City of Pitts-
burgh 
Construct improvements on WV 9 includ-
ing turning 
lane and 
signalization, 
Berkely County 
Conduct Trans-Hudson Freight Improve-
ment MIS, New York City 
Upgrade Route 2 in Cabell County, includ-
ing the relocation of Route 2 to provide 
for a connection to 1-64 (Merrick Creek 
Construct Hindsale Bridge 
Reconstruct I-82/SR 24 intersection and 
add lanes on SR 24 to Keys Road 
Construct controlled access four-lane high-
way between Des Moines and Bur-
lington 
Construct bicycle and pedestrian facility 
between 
Boston 
Bridge and 
McKee 
Point Park, Allegheny County 
Upgrade and widen U.S. 24 from 1-469 to 
1-475 
Upgrade FM517 between Owens and FM 
3346, Galveston 
Construct U.S. 95: Sandcreek Alternate 
Route in Sandpoint 
(Dollars in 
millions) 
1.5 
0.75 
0.75 
6.505 
4.4 
1.875 
2.25 
7.1 
6 
14.225 
6.5 
2 
17.25 
2.79 
0.375 
1.65 
11 
0.2 
3 
10 
2.536 
6.48 
9.525 
0.125 
17.25 
2.892 
13.5 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 303 
No. 
1254. 
1255. 
1256. 
1257. 
1258. 
1259. 
1260. 
1261. 
1262. 
1263. 
1264. 
1265. 
1266. 
1267. 
1268. 
1269. 
1270. 
1271. 
1272. 
1273. 
1274. 
1275. 
1276. 
1277. 
State 
New Jersey 
California 
Pennsylvania 
New York 
Texas 
Georgia 
Mississippi 
American Samoa ... 
Maryland 
West Virginia 
Alabama 
New Mexico 
Pennsylvania 
Alabama 
Nebraska 
California 
Minnesota 
California 
Pennsylvania 
Indiana 
Project description 
Replace Calhoun Street Bridge in Trenton 
Construct 
Cabot-Camino 
Capistrano 
Bridge project 
in 
Southern 
Orange 
Construct PA 16 Truck climbing lane in 
Franklin County 
Construct Eastern Long Island Scenic 
Byway in Suffolk County 
Construct Loop 197, Galveston 
Construct Western Springs 
Pedestrian 
and Tunnel project, Cook County 
Construct the Savannah River Parkway in 
Bullock, 
Jenkins, 
Screven 
and 
Effinghaus Counties 
Construct connector between U.S. 90 and 
I-10 in Biloxi 
Construct drainage system improvements 
associated with highway construction on 
Tutilla Island 
Implement citywide signal control system 
replacements and improvements in Bal-
Construct 1-81 interchange, Martinsburg 
Replace pedestrian bridges at 
Village 
Creek and Valley Creek, Birmingham ... 
Improve Route 123 from Route 1 to Fair-
fax County line in Prince William Coun-
ty 
Improve U.S. 70 from 1-25 to Organ 
Undertake 
transportation 
enhancement 
activities within the Lehigh Landing 
Area of the Delaware and Lehigh Canal 
National Heritage Corridor 
Implement Melrose Commons geographic 
information system 
Construct 
repairs 
to 
Pratt 
Highway 
Bridge, Birmingham 
Construct Spur 10 from SH 36 to U.S. 59 
Replace U.S. 81 bridge between Yankton, 
South Dakota and Cedar County 
Construct Centennial Transportation Cor-
ridor 
Construct Phalen Boulevard between I-
35E and 1-94 
Reconstruct Palos Verdes Drive, Palos 
Verdes Estates 
Facilitate coordination of transportation 
systems at intersection of 46th and 
Market, and enhance access and related 
measures to area facilities including 
purchase of vans for reverse commutes, 
Philadelphia 
Improve Southwest Highway from Bloom-
ington to Evansville 
(Dollars in 
millions) 
0.975 
1.5 
1.5 
1L25 
3.2175 
0.925 
7.5 
6.375 
3.75 
13.275 
5.05 
0.075 
1L25 
18.75 
5.25 
0.75 
0.45 
3 
1.125 
15.75 
9.75 
0.3375 
3 
27 
112 STAT. 304 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
1278. 
1279. 
1280. 
1281. 
1282. 
1283. 
1284. 
1285. 
1286. 
1287. 
1288. 
1289. 
1290. 
1291. 
1292. 
1293. 
State 
Pennsylvania 
Washington 
Ohio 
Michigan 
Mississippi 
Virginia 
Pennsylvania 
Arkansas 
Pennsylvania 
Minnesota 
Pennsylvania 
Project description 
Construct an access road in 
Bedford 
Springs, Pennsylvania, along Old U.S. 
220 to the Springs Project and to con-
struct other facilities to facilitate move-
ment of traffic within the site and con-
struction of a parking facility to be asso-
ciated therewith or other projects in the 
counties 
of 
Bedford, 
Blair, 
Fulton, 
Franklin, Mifflin, Fulton and Clearfield, 
and Huntingdon, as selected by the 
Commonwealth of Pennsylvania 
Undertake FAST Corridor improvements 
with the amounts provided as follows: 
$12,000,000 
to construct the 
North 
Duwamish 
Intermodal 
Project, 
$3,375,000 for the Port of Tacoma Road 
project, $2,250,000 for the SW Third 
Street/BSNF 
project 
in 
Auburn, 
$1,500,000 for the S. 277th Street/BNSF 
project in Auburn/Kent, $1,500,000 for 
the S. 277th Street/UP project in Au-
burn Kent, $1,500,000 for the S. 180th 
Street 
E/BSNF project 
in 
Tukwila, 
$750,000 for the 8th Street E/BSNF 
project in Pierce County, and $1,125,000 
for the Shaw Road extension Puyallup .. 
Construct interchange at SR 11 and King 
Graves Road in Trumball County 
Apply ITS technologies relating to traffic 
control, Lansing 
Stabilize U.S. 101 at Wilson Creek 
Construct interchange at Eastman Ave-
nue/U.S. 10 in Midland 
Enhance area around the Paris Court-
house in the vicinity of Arkansas Scenic 
Highway 22 and Arkansas Scenic High-
way 309, Paris 
Upgrade 
Hampton 
Lake 
Road, 
Tallahatchie County 
Undertake 
improvements 
to 
Campus 
Transportation System 
Construct access road, walking trail and 
related facilities for the Nicholsville 
Improve intersection of U.S., S.R. 3066, 
and West Allegheny Road, North Fay-
ette Township 
Construct Highway 425 from Pine Bluff" to 
Construct Independence Gateway Trans-
portation Center project, Philadelphia ... 
Upgrade Perpich Memorial from CR 535 
toCSAH 111 
Construct U.S. Route 67 Corridor through 
Construct improvements to roadway and 
parking facility in the vicinity of St. 
Francis College, Cambria County 
(Dollars in 
millions) 
28.18 
24 
5.56 
2.775 
0.65 
8.25 
0.3 
0.66 
0.75 
0.225 
3.5 
5.375 
5.5 
2.1 
5.25 
2 
''^Sf!^ 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 305 
No. 
1294. 
1295. 
1296. 
1297. 
1298. 
1299. 
1300. 
1301. 
1302. 
1303. 
1304. 
1305. 
1306. 
1307. 
1308. 
1309. 
1310. 
1311. 
1312. 
1313. 
1314. 
1315. 
1316. 
1317. 
1318. 
1319. 
1320. 
1321. 
1322. 
1323. 
1324. 
State 
Missouri 
New York 
Massachusetts 
Kentucky 
Virginia 
New Hampshire .... 
Pennsylvania 
Hawaii 
North Carolina 
Maine 
Mississippi 
Texas 
California 
Pennsylvania 
Virginia 
Illinois 
Texas 
Minnesota 
Arizona 
North Carolina 
New York 
Illinois 
North Dakota 
South Carolina 
Arkansas 
New York 
California 
California 
Illinois 
Pennsylvania 
Project description 
Construct extension of bike path between 
Soulard market area and Riverfront 
bike trail in St. Louis 
Construct intermodal facility in Yonkers, 
Westchester County 
Construct intersection improvements to 
facilitate access to NSA facility, Anne 
Arundel County 
Undertake 
vehicular 
and 
pedestrian 
movement improvments within Central 
Business District of Foxborough 
Construct KY 70 from Cave City to Mam-
moth Cave 
Construct Main Street Station in Rich-
Improve 3 Pisquataqua River Bridges on 
the New Hampshire—Maine border 
Construct Abbey Trails in Abington Town-
Upgrade Kaumualii Highway 
Upgrade and improve 
U.S. 
19 from 
Maggie Valley to Cherokee 
Replace 
Ridlonville 
Bridge 
across 
Androscoggin River 
Upgrade and widen U.S. 49 in Rankin, 
Simpson, and Covington Counties 
Upgrade SH 30, Huntsville 
Reconstruct the I-710/Firestone Boule-
vard interchange 
Widen U.S. 30 from Walker Road to Fay-
etteville in Franklin County 
Construct 
Southeastern 
Parkway 
and 
Greenbelt in Virginia Beach 
Replace State Route 47 Bridge in Morris .. 
Upgrade Highway 271 between Paris and 
Pattonville 
Improve roads. Edge of Wilderness, Grand 
Rapids to EfHe 
Reconstruct 1-19, East Side Frontage 
Road, Ruby Road to Rio Rico Drive, 
Nogales 
Construct 1-85 Greensboro Bypass in 
Improve access to I-84/Dutchess inter-
modal facility in Dutchess County 
Construct 1-88 interchange at Peace Road 
in De Kalbe 
Upgrade U.S. Route 52, Kenmare to Don-
Construct improvements to I-95/SC 38 
Construct Highway 15 from Connector 
Road to Railroad Overpass in Pine Bluff 
Reconstruct 79th Street Traffic Circle, 
New York City 
Extend State Route 52 in San Diego 
Construct Sacramento Intermodal Station 
Construct Central Avenue/Narragansett 
Avenue connector, Chicago 
Construct 
Walnut 
Street 
pedestrian 
bridge in Dauphin County 
(Dollars in 
millions) 
0.6 
8.687 
2.25 
1.56 
1.5 
6 
1.65 
0.45 
8.25 
15 
1.125 
0.6875 
1.875 
12 
1.5 
3 
14.25 
1.5 
4.5 
7.5 
22.125 
2.21 
1.5 
2.1 
6.75 
0.875 
7 
2.25 
3 
3.7 
0.75 
112 STAT. 306 
PUBLIC LAW 105-178-^JUNE 9, 1998 
No. 
1325. 
1326. 
1327. 
1328. 
1329. 
1330. 
1331. 
1332. 
1333. 
1334. 
1335. 
1336. 
1337. 
1338. 
1339. 
1340. 
1341. 
1342. 
1343. 
1344. 
1345. 
1346. 
1347. 
1348. 
1349. 
1350. 
1351. 
1352. 
State 
Indiana 
Georgia 
Michigan 
Washington 
Illinois 
Pennsylvania 
Louisiana 
Ohio 
South Carolina 
Virginia 
Texas 
New Jersey 
California 
Arkansas 
Louisiana 
Pennsylvania 
New York 
Pennsylvania 
Oregon 
Alaska 
Pennsylvania 
Mississippi 
Project description 
Conduct rail-highway feasibility project 
study in Muncie 
Upgrade U.S. Route 27 
Improve Hoban Road and Grand Avenue, 
City of Mackinac Island 
Construct 
Cross 
Base 
Corridor, 
Fort 
Lewis-McChord AFB 
Construct bicycle/pedestrian trail parallel 
to light rail transit system in St. Clair 
County 
Improve Bedford County Business Park 
Rd in Bedford County 
Construct Port of St. Bernard Intermodal 
facility 
Construct bridge deck over the Metro 
North right-of-way along Park Avenue 
between E. 188th and 189th Streets 
Conduct feasibility study for the construc-
tion of Muskingum County South 93-
22—40 connector 
Upgrade U.S. Highway 301 within Bam-
berg 
Construct road improvements, trailhead 
and related facilities for Birch Knob 
Trail on Cumberland Mountain 
Widen U.S. 169 in Miami County 
Construct extension of Bay Area Boule-
vard 
Construct 
highway 
connector 
between 
Interstate Route 1&9 (Tonelle Avenue) 
and 
the 
New 
Jersey 
Turnpike 
at 
Secaucus Intermodal Transfer Rail Sta-
tion and the Trans Hudson Corridor at 
the Bergen Arches arterial roadway 
Modify HOV lanes, Marin County 
Widen U.S. 101 from Petaluma Bridge to 
Novato 
Construct U.S. 63 interchange with Wash-
ington Avenue and Highway 63B 
Kemer's 
Ferry 
Bridge 
Replacement 
project 
Reconstruct I-95/Street Road interchange 
in Bucks County 
Upgrade Frederick Douglas Circle, New 
York City 
Improve PA 453 from Water Street to Ty-
rone in Huntingdon County 
Acquire and rennovate facility to serve as 
multimodal transportation center, Eu-
Construct improvements to Ensley Ave-
nue between 20th Street and Warrior 
Road, Birmingham 
Extend West Douglas Road 
Construction of noise barriers along State 
Route 28, Aspinwall 
Replace Greenville River Bridge in Wash-
Reconstruct Claire Boulevard, Robbins 
Reconstruct South Pembrton Road from 
Route 206 to Hanover Street 
(Dollars in 
millions) 
0.075 
7.5 
0.84 
0.375 
5.5 
1.5 
1.575 
0.75 
0.5 
3.2 
0.25 
12.15 
0.75 
5.5 
5.25 
8.75 
L5 
0.75 
1.3275 
9 
0.75 
2 
0.75 
2.475 
0.8 
1.0 
0.2475 
6 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 307 
No. 
1353. 
1354. 
1355. 
1356. 
1357. 
1358. 
1359. 
1360. 
1361. 
1362. 
1363. 
1364. 
1365. 
1366. 
1367. 
1368. 
1369. 
1370. 
1371. 
1372. 
1373. 
1374. 
1375. 
State 
Kentucky 
Indiana 
New York 
Tennessee 
New Jersey 
Oklahoma 
North Carolina 
North Carolina 
Illinois 
New York 
California 
Pennsylvania 
Washington 
Maryland 
American Samoa ... 
Project description 
Reconstruct U.S. 231: $5,625,000 for the 
segment between Dry Ridge Road and 
U.S. 231 and U.S. 31; $3,000,000 for the 
segment between Allen-Warren County 
line and Dry Ridge Road 
Undertake safety and mobility improve-
ments involving street and street cross-
ings and Conrail line, Elkhart 
Construct sound barriers on east side of 
Clearview Expressway between 
15th 
Construct Franklin Road interchange and 
bypass 
Construct, 
reconstruct 
and 
integrate 
multi-transportation 
modes—inter-
national airport and seaport, rail, na-
tional 
highway 
system 
and 
brownfields—to 
establish 
an 
inter-
national intermodal transportation cen-
ter and corridor between and within the 
cities of Bayonne, Elizabeth and New-
ark, New Jersey 
Construct 1-49 interchange at Caddo Port 
Road in Shreveport 
Conduct 
study 
of 
Highway 
3 
in 
McCurtain, 
Pushmataha 
and 
Atoka 
Construct U.S. 117, the Elizabeth City By-
pass in Pasquotank County 
Upgrade U.S. 13 (including Ahoskie by-
pass) in Bertie and Hertford Counties ... 
Extend Route 46 expressway in San Luis 
Obispo County 
Construct improvements 
to New Era 
Construct congestion mitigation project for 
Riverhead 
Upgrade 
Riverside 
Avenue/I-10 
inter-
Construct 
I-10 
Tippecanoe/Anderson 
interchange project in Loma Linda and 
San Bernardino County 
Construct C 470/1-70 ramps in Jefferson 
County 
Conduct feasibility study of State Route 
35 Hood River bridge in White Salmon 
Construct Landport regional 
transpor-
Upgrade 
roadway 
in 
the 
Princeton/ 
Cottman 1-95 interchange and related 
improvements, Philadelphia 
Construct Sequim/Dungeness Valley trail 
Construct phase lA of the I-70/I-270/U.S. 
340 interchange in Frederick County .... 
Upgrade village roads on Tutuila/Manua 
Improve Lee Highway Corridor in Fairfax 
Preliminary engineering and right-of-way 
acquisition for "Intertown South" route 
(Dollars in 
millions) 
8.625 
L5 
0.3 
2 
2 
4.2 
0.16 
2.625 
0.75 
6 
2.625 
1.875 
0.69375 
1.5 
4.187 
0.75 
8 
15.15 
0.75 
11.25 
8.25 
1.35 
L125 
112 STAT. 308 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
1376. 
1377. 
1378. 
1379. 
1380. 
1381. 
1382. 
1383. 
1384. 
1385. 
1386. 
1387. 
1388. 
1389. 
1390. 
1391. 
1392. 
1393. 
1394. 
1395. 
1396. 
1397. 
1398. 
1399. 
1400. 
1401. 
1402. 
1403. 
1404. 
State 
Missouri 
Ohio 
Michigan 
Washington 
Washington 
Iowa 
Missouri 
Florida 
Dist. of Columbia .. 
Wisconsin 
Illinois 
Mississippi 
Illinois 
South Carolina 
Florida 
Pennsylvania 
Pennsylvania 
Maryland 
Illinois 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Massachusetts 
New Jersey 
Ohio 
Wisconsin 
Minnesota 
Project description 
Construction of airport ground transpor-
tation terminal 
for the 
Springfield/ 
Branson Airport intermodal facility in 
Springfield 
Upgrade SR 7 (Eastern Avenue) to im-
prove trafllc flow into Gallipolis, Gallia 
County 
Construct U.S. 27 between St. Johns and 
Ithaca 
Construct SR 167 Corridor, Tacoma 
Widen U.S. 395 in the vicinity of mile post 
170 north of Spokane 
Construct overpass to eliminate railroad 
crossing in Burlington 
Improve safety and traffic flow on Route 
13 through Clinton 
Construct 
Alden 
Road 
Improvement 
Project in Orange County 
Implement traffic signalization, freeway 
management and motor vehicle infor-
mation systems 
Construct freeway conversion project on 
Highway 41 between Kaukauna and 
Brown County Highway F 
Construct crossings over Fox River in 
Kane County 
Construct U.S. 84 from Eddiceton to Au-
burn Road 
Construct U.S. 67 in Madison and Jersey 
Counties 
Construct Calhoun/Clarendon Causeway .. 
Construct safety improvements and beau-
tlHcation along U.S. 92, Dajrtona Beach 
Realign 
PA29 
in 
the 
Borough 
of 
Collegeville, Montgomery County 
Construct 
Towamencin 
Township 
multimodal center 
Construct improvements to Route 
50 
interchange with Columbia Pike, Prince 
Georges County 
Construct bypass of historic stone bridge, 
Maeystown 
Construct 
Johnstown-Cambria 
County 
Airport Relocation Road 
Reconstruct the 1-81 Davis Street inter-
Realign Route 4 intersection in Farming-
Construct Wexford I-79/SR 910 Inter-
change, Allegheny County 
Extend Martin Luther King Busway, 
Construct Arlington to Boston Bike Path .. 
Construct CoUingswood Circle eliminator. 
Camen 
Construct grade separations at Fitch Road 
in Olmsted Falls 
Construct Eau Claire Bypass project 
Reconstruct SE Main Avenue and related 
improvements, completing 34th Street 
Corridor project, Moorhead 
(Dollars in 
millions) 
3.75 
1.5 
6.375 
1.125 
5.5 
3.475 
6 
0.525 
6 
16 
9.375 
0.6875 
5.1 
6.5 
2.25 
0.495 
2.61 
2.4 
0.615 
0.75 
6 
2.1 
0.825 
1.65 
0.75 
6 
3.75 
6 
3 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 309 
No. 
State 
Project description 
(Dollars in 
millions) 
1405. 
1406. 
1407. 
1408. 
1409. 
1410. 
1411. 
1412. 
1413. 
1414. 
1415. 
1416. 
1417. 
1418. 
1419. 
1420. 
1421. 
1422. 
1423. 
1424. 
1425. 
1426. 
1427. 
1428. 
1429. 
New York 
Massachusetts 
New York 
New York 
New York 
North CaroHna 
California 
Alabama 
New York 
New Jersey 
Illinois 
Illinois 
Ohio 
Oregon 
Tennessee 
Arkansas 
Oregon 
Texas 
Connecticut 
Massachusetts 
Michigan 
Virginia 
New York 
Indiana ... 
Michigan . 
Construct Olana Visitor Center in Olana .. 
Improve safety and traffic operations on 
Main and Green Streets, Mellrose 
Reconstruct 
Jackson 
Avenue 
in 
New 
Windsor, Orange County 
Construct congestion mitigation project for 
Smithtown 
Reconstruct County Route 24 in Franklin 
County 
Construct U.S. 311 (1-74) from NC 68 to 
U.S. 29A-70A 
Design and initiation of long term im-
provements along Highway 199 in Del 
Norte County 
^. 
Complete 1-59 interchange in De Kalb 
County 
Improve Hiawatha Boulevard and Har-
rison Street corridors in Syracuse 
Construct Route 17 bridge over the Sus-
quehanna and Western Rail line in Ro-
chelle Park 
Undertake streetscaping between Damden 
and Halsted 
Construct transportation improvements to 
Industrial Viaduct, Chicago 
Construct access and related improve-
ments to Downtown Riverfront Area, 
Dayton 
Purchase and install emitters and receiv-
ing equipment to facilitate movement of 
emergency and transit vehicles at key 
arterial intersections, Portland 
Reconstruct road and causeway in Shiloh 
Military Park in Hardin County 
Conduct planning for highway 278 and 
rail for the Warren/Monticello Arkansas 
Intermodal Complex 
Construct regional multimodal transpor-
tation center in Albany 
Construct two-lane parallel bridge. State 
Highway 146, FM 517 to vicinity of 
Dickinson Bayou 
Relocate and realign Route 72 in Bristol .. 
Construct Minuteman Commuter Bike-
way-Charles River Bikeway connector, 
Cambridge and Watertown 
Replace Chevrolet Avenue bridge in Gen-
esee County 
Construct trailhead and related facilities 
and restore old Whitetop Train Station 
at terminus of Virginia Creeper Trail 
adjacent 
to Mount Rogers 
National 
Recreation Area 
Construct Mineola and Hicksville Inter-
modal Centers in Nassau County 
Lafayette Railroad relocation project in 
Lafayette 
Construct Jackson Road project (dem-
onstrating performance of paper and 
plastic reinforced concrete), Scio Town-
ship 
1 
1.95 
1.963 
0.75 
1.85475 
22.875 
0.275 
3.6 
1.6875 
1.125 
0.8625 
1.125 
3.675 
4.5 
11.25 
0.875 
10 
3.6375 
4.0575 
0.5625 
1.8 
0.3 
12 
22.05 
3.45 
112 STAT. 310 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
1430. 
1431. 
1432. 
1433. 
1434. 
1435. 
1436. 
1437. 
1438. 
1439. 
1440. 
1441. 
1442. 
1443. 
1444. 
1445. 
1446. 
1447. 
1448. 
1449. 
1450. 
1451. 
1452. 
1453. 
1454. 
1455. 
State 
Wyoming 
Texas 
Massachusetts 
Washington 
North Carolina 
New York 
Pennsylvania 
Wisconsin 
New York 
California 
Connecticut 
Arizona 
Connecticut 
Illinois 
California 
Iowa 
Pennsylvania 
Indiana 
Pennsylvania 
California 
Alaska 
Nebraska 
Michigan 
California 
California 
Minnesota 
Project description 
Widen and improve Cody—^Yellowstone 
Highway from the entrance to Yellow-
stone National Park to Cody 
Widen State Highway 6 from Senior Road 
to FM521 
Design, 
engineer 
and 
right-of-way 
aquisition of the Great River Bridge, 
Westfield 
Design and implement report and envi-
ronmental study of the 1-5 corridor in 
Make improvements to I-95/SR 
1162 
interchange in Johnston County 
Reconstruct Stoneleigh Avenue in Putnam 
County 
Construct 
transportation 
improvements 
around the interchange of Interstate 81 
and S.R. 0944, Hampden Township 
Upgrade Highway 151 between Platteville 
and Dubuque 
Improve Bedford-Banksville Road from 
Millbrook to Connecticut State line 
Construct interchange between 1-15 and 
SR 18 in Victorville/Apple Valley 
Construct overlook and access to Niantic 
Bay 
Design, engineering and ROW acquisition 
for Area Service Highway, Yuma 
Reconstruct cross road over 1-95, Water-
Upgrade industrial park road in Village of 
Construct 1-680 HOV lanes between Ma-
rina Vista toll plaza to North Main 
Street, Martinez to Walnut Creek 
Improve U.S. 65/IA 5 interchange, Warren 
Replace Masontown bridge, Fayette and 
Greene Counties 
Extend SR 149 between SR 130 to U.S. 
Route 30, Valparaiso 
Construct PA 309 Sumneytown Pike Con-
Improve Route 99/Route 120 interchange 
Construct a bridge joining the Island of 
Gravina to the Community of Ketchikan 
on Revilla Island 
Conduct corridor study of NE 35 alter-
native and modified route in Norfolk, 
Wayne and Dakota County 
Upgrade Lalie Street, Frenchtown Road, 
and Penshee Road, Ironwood 
Conduct planning, preliminary engineer-
ing and design for Etiwanda Avenue/I-
10 interchange, San Bernardino County 
Construct Arbor Vitae Street improve-
ments, Inglewood 
Restore MN Transportation facility, Jack-
son Street Roundhouse, St. Paul 
(Dollars in 
millions) 
5 
9.075 
1.5 
1 
2.4 
2.89 
2 
6 
1.44 
6 
2.31 
0.75 
1.5 
3.375 
5.25 
5 
5 
3 
3.96 
6 
15 
0.75 
0.27 
1.5 
2.625 
0.75 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 311 
No. 
1456. 
1457. 
1458. 
1459. 
1460. 
1461. 
1462. 
1463. 
1464. 
1465. 
1466. 
1467. 
1468. 
1469. 
1470. 
1471. 
1472. 
1473. 
1474. 
1475. 
1476. 
1477. 
1478. 
1479. 
1480. 
1481. 
State 
Rhode Island 
South Carolina 
New York 
Oregon 
Ohio 
California 
Alabama 
North Carolina 
Michigan 
Ohio 
New Jersey 
Ohio 
Ohio 
Washington 
Minnesota 
Texas 
Illinois 
Project description 
Upgrade pedestrian traffic facilities, Bris-
tol 
Install Silicon Valley Smart Corridor 
project along the 1—880 corridor 
Construct I-26/U.S. 1 connector in Colum-
Construct Poughkeepsie Intermodal Facil-
Restore transportation connection between 
Wauna, Astoria and Port of Astoria 
Conduct feasibility study of new Inter-
national bridges on the New York/Can-
ada border 
Extend Pellissippi Parkway from State 
Route 33 to State Route 321 in Blount 
County 
Upgrade 2 warning devices on the rail 
north/south line from Columbus to To-
Upgrade South Higuera Street, San Luis 
Upgrade County Road 39 between High-
way 84 and Silver Creek Park, Clarke 
Relocate U.S. 1 from north of Lakeview to 
SR 1180, Moore and Lee Counties 
Construct extension of West Austin Street 
(FM 2609) between Old Tyler Road and 
Loop 224, Nacogdoches 
Reconstruct 1-94 between Michigan Route 
14 and U.S. 23 
Reconstruct 1-84, Hartford 
Undertake improvements to Valley Street, 
Upgrade Urban University Heights Con-
Widen to 5 lanes existing SR 43/Sunset 
Boulevard in Steubenville, 
Jefferson 
Improve and reconstruct Stony Street in 
York Town 
Construct grade separation at Dille Road 
ixx Euclid 
Safety improvements to State Route 14 in 
Columbia River Gorge National Scenic 
Upgrade County roads in LaPorte County 
Implement ITS technologies in Employ-
ment Center area of City of El Segundo 
Construct pedestrian overpass on High-
way 169, Mille Lacs Reservation 
Complete State Highway 35 in Aransas 
Construct overcrossing at 38th Street in 
Everett, and construct the Riverside In-
dustrial Access Road as identified in the 
FAST Corridor plan 
Construct 
improvements 
to 
McKinley 
Bridge over Mississippi River with ter-
minus points in Venice, Illinois, and St. 
(Dollars in 
millions) 
0.075 
2.145 
9 
3.75 
0.525 
0.375 
8.85 
0.15 
0.675 
0.75 
5.475 
1.35 
9 
7.1025 
0.675 
7.275 
0.6 
0.35 
3.75 
3.15 
6 
2.6625 
0.45 
5.42 
5.893 
3.9 
112 STAT. 312 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
1482. 
1483. 
1484. 
1485. 
1486. 
1487. 
1488. 
1489. 
1490. 
1491. 
1492. 
1493. 
1494. 
1495. 
1496. 
1497. 
1498. 
1499. 
1500. 
1501. 
1502. 
1503. 
1504. 
1505. 
1506. 
1507. 
1508. 
1509. 
1510. 
1511. 
State 
Connecticut 
Louisiana 
California 
Washington 
Missouri 
Ohio 
West Virginia 
Ohio 
Pennsylvania 
Rhode Island 
Alaska 
Alaska 
Alaska 
Alaska 
Alaska 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Arkansas 
Arkansas 
Arkansas 
Project description 
Upgrade bridge over Naugatuck River, 
Ansonia 
Widen Lapalco Boulevard from Barataria 
Boulevard to Destrehan Avenue in Jef-
ferson Parish 
Construct Tulare County roads in Tulare 
County 
: 
Extend Mill Plain Boulevard in Vancouver 
Construct an intermodal center at Mis-
soiui Botanical Garden 
Reimburse 
costs 
associated 
with 
multimodal 
transportation 
improve-
Upgrade U.S. 340 between West Virginia/ 
Virginia State line and the Charles 
Town Bypass 
Add lanes and improve intersections on 
Route 20 in Lake County 
Rehabilitate Kenmawr Bridge, Swissvale 
Construct Blackstone River Bike 
way 
Construct 
Gravina 
Island 
Bridge 
in 
Ketchikan 
Construct N.W. Alaska Road/Rail access .. 
Construct North Denali access route 
Construct capital improvements to marine 
transportation facihties for Prince of 
Wales Island 
Improve marine dty dock and facilities in 
Ketchikan 
Construct New Access Route to Ship 
Creek Access in Anchorage 
Construct bridge over Tennessee River 
connecting Muscle Shoals and Florence 
Engineering, right-of-way acquisition and 
construction of Huntsville Southern By-
pass 
Construction of Eastern Black Warrior 
River Bridge 
Construct East Foley Corridor Project 
from Baldwin County Highway 20 to 
State Highway 59 in Alabama 
Engineering, right-of-way, acquisition and 
construction of Birmingham Northern 
Beltline in Jefferson County 
Extend 1—759 in Etowah County 
Construct Decatur Southern Bypass 
Construct Anniston Eastern Bypass from 
1-20 to Fort McClellan in Calhoun 
County 
Construct Montgomery outer loop from 
U.S. 80 to 1-85 via 1-65 
Develop U.S. 231/1-10 Freeway Connector 
from Alabama border to Dothan 
Replace bridge over Tombigbee River, 
Naheola 
Development of Little Rock Port Authority 
Development of Little Rock River Rail 
Project 
Improvements to 1-30 From Benton to 
Geyer Springs Exit in Little Rock 
(Dollars in 
millions) 
0.3375 
3 
6.75 
3 
0.9 
2.0625 
2 
2 
0.45 
2.59125 
5.443 
2.5 
L5 
0.75 
0.75 
11.943 
1 
1 
7.75 
1 
8.917 
L167 
1 
2 
11.8 
2 
3 
2 
2 
2 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 313 
No. 
1512. 
1513. 
1514. 
1515. 
1516. 
1517. 
1518. 
1519. 
1520. 
1521. 
1522. 
1523. 
1524. 
1525. 
1526. 
1527. 
1528. 
1529. 
1530. 
1531. 
1532. 
1533. 
1534. 
1535. 
1536. 
1537. 
1538. 
State 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
Arkansas 
California 
California 
California 
California 
California 
Connecticut 
Connecticut 
Connecticut 
Connecticut 
Project description 
Upgrade 2 bypasses (Washington Avenue 
Interchange and Highway 63B Inter-
change) on U.S. 63 in Jonesboro 
Construct bypass at Ashdown 
Development of U.S. 71 from Fort Chaffee 
to Texarkana 
Development of Interchange at Intersec-
tion of 1-40 and Airport Road in West 
Memphis 
Improve U.S. Highway 412 From Harrison 
to Mountain Home 
Complete Courthouse Improvement En-
hancements Project in Paris 
Further study and development of Rus-
sellville Intermodal Complex in Russell-
Construct turning lanes at the Intersec-
tion of U.S. Highway 71 and Arkansas 
State Highway 8 in Mena 
Transportation Enhancements in the Vi-
cinity of Dickson Street, Fayetteville 
Improve Arkansas State Highway 
12 
From U.S. 71 at Rainbow Curve to the 
Northwest Arkansas Regional Airport ... 
Construct intermodal connector access 
road to the Northwest Arkansas Re-
gional Airport 
Continue development of West Phoenix 
Avenue, Ft. Smith 
Improvements to 28th Street, Van Buren 
Conduct feasibility studies for Van Buren 
Intermodal Port 
Upgrade Arkansas State Highway 59 from 
Rena Road to Old Uniontown Road in 
Van Buren 
Construct improvements to U.S. Highway 
71 to 1-40 through Fort Chaffee and 
Fort Smith 
Construct 1-80 reliever route system, So-
lano County 
Replace Maxwell Bridge, Napa County 
Construct March Inland Port ground ac-
cess project. Riverside County 
Construct Santa Monica Transit Parkway 
Construct State Route 905 between 1-805 
and Otay Mesa border crossing 
Construct highway grade separation/other 
improvements for "Gateway for Amer-
ica" project in San Gabriel Valley 
State Priority Projects 
Reconstruction of railroad electrical cat-
enary serving commuter lines between 
New Haven and Stanford 
Pedestrian/disabled access improvements 
at Mark Twain House Historic Site 
Reconstruct and expand access road and 
related riverwalk improvements at/adja-
cent to Riverside Paric, Hartford 
Develop Winsted and Winchester rail 
trail, linkage to existing trails in neigh-
boring towns 
(Dollars in 
millions) 
5 
1.25 
7 
6 
3.8875 
0.1 
0.25 
0.0625 
0.375 
0.125 
4 
2 
0.25 
0.075 
0.65 
1.25 
12.1 
8.7 
7.2 
17 
38.5 
100 
23.401 
23.433 
0.5 
2 
1.5 
112 STAT. 314 
PUBLIC LAW 105-178-JUNE 9, 1998 
No. 
1539. 
1540. 
1541. 
1542. 
1543. 
1544. 
1545. 
1546. 
1547. 
1548. 
1549. 
1550. 
1551. 
1552. 
1553. 
1554. 
1555. 
1556. 
1557. 
1558. 
1559. 
1560. 
1561. 
1562. 
1563. 
1564. 
State 
Connecticut 
Connecticut 
Florida 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Georgia 
Iowa 
Iowa 
Iowa 
Idaho 
Idaho 
Project description 
Develop Quinipiac River linear trail in 
Wallingford and Meriden 
Extend Farmington Canal Rail Trail in 
Hamden and New Haven 
State Priority Projects 
Upgrade Lithonia Industrial Boulevard, 
De Kalb County 
Widen U.S. 84 South from U.S. 82 to 
Ware County in Waycross and Ware 
Counties 
Construct Rome to Memphis Highway in 
Floyd and Bartow Counties 
Construct Athens to Atlanta 
transpor-
tation corridor 
Conduct a study of Interstate multimodal 
transportation corridor from Atlanta to 
Chattanooga 
Conduct study of multimodal transpor-
tation corridor along GA 400 
Construct Savannah River Parkway in 
Bulloch, 
Jenkins 
Screven, 
and 
Effingham Counties 
Conduct study of interstate multimodal 
transportation corridor from Atlanta to 
Chattanooga 
Undertake major arterial enhancement in 
De Kalb County: Candler Road, Memo-
rial Drive, and Buford Highway 
Construct Harry S. Truman Parkway 
Construct multimodal passenger terminal. 
Construct Rome to Memphis Highway in 
Floyd and Bartow Counties 
Construct Fall Line Freeway from Bibb to 
Richmond Counties 
Construct Fall Line Freeway from Bibb to 
Richmond Counties 
Design, right-of-way and construction of a 
bridge over railroad tracks on airport 
access road in Sioux City 
Construction of a 4-lane expressway be-
tween DesMoines and Marshall 
town 
Design, right-of-way and construction of 
the Avenue G viaduct and related road-
way in Council Bluffs 
Design and construction of native roadside 
vegetation 
enhancement 
center 
at 
U.N.L in Cedar Falls 
Construct the D116 Dubuque Bridge over 
the MI River at Dubuque 
Design, right-of-way and construction of 
segments of Martin Luther King Jr. 
Parkway in Des Moines from Center 
Street to Fleur Drive 
Reconstruct 184/1-84 interchange (mile-
posts 0.0-0.6) 
Rehabilitate U.S. 20 Ashton/Ashton Hill 
Bridge and Intersection Project (mile-
posts 363.3-363.5) 
Construct Cheyenne Street Railroad Over-
pass, Pocatello 
(Dollars in 
millions) 
1.5 
1.5 
92.096 
0.35 
1.6 
2 
8 
2.5 
25 
5 
5 
6.66 
3.55 
8.1 
4.112 
9.5 
23 
1.5 
2.75 
7 
0.76 
7 
12 
19 
3.75 
5.5 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 315 
No. 
1565. 
1566. 
1567. 
1568. 
1569. 
1570. 
1571. 
1572. 
1573. 
1574. 
1575. 
1576. 
1577. 
1578. 
1579. 
1580. 
1581. 
1582. 
1583. 
1584. 
1585. 
1586. 
1587. 
1588. 
1589. 
1590. 
1591. 
1592. 
1593. 
1594. 
1595. 
1596. 
1597. 
State 
Idaho 
Idaho 
Idaho 
Idaho 
Illinois 
Illinois 
Illinois 
Illinois 
Illinois 
Illinois 
Illinois 
Indiana 
Kansas 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Kentucky 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Louisiana 
Project description 
Stage 1, U.S. 93 Twin Falls Alternate 
Route from junction of U.S. 93/Highway 
30 north (mileposts 45-48) 
Safety improvements on U.S. 95 from 
Genesee to Moscow (mileposts 331-345) 
Safety improvementsAiridge replacement 
on U.S. 95 at Mann's Creek Curves 
(mileposts 91.2-94.8) 
Alignment/bridge replacement State High-
way 55 between Smith's Ferry and 
Round Valley (mileposts 94.9-101.0) 
Improve Campus Transportation System, 
Chicago 
Construct U.S. 67 in Madison and Jersey 
Counties 
Construct confluence bikeway in Madison 
County 
Extend Veterans Memorial Drive and con-
struct overpass at 1-57 in Mt. Vernon ... 
Construct 34 from Burlington, Iowa to 
Monmouth 
Reconstruct Wacker Drive in Chicago 
Reconstruct Stevenson Expressway, Chi-
cago 
State Priority Projects 
State Priority Projects 
Widen U.S. 27 from Norwood to Eubank .. 
Reconstruct KY 210 from Hodgenville to 
Morning Star Road in LaRue County .... 
Conduct feasibility study for No. KY high-
priority corridor (1-74) 
Construct necessary connections for the 
Taylor Southgate Bridge in Newport 
and the Clay Wade Bridge in Covington 
Construction on U.S. 127: Albany Bjrpass 
to KY 90, Albany Bypass from KY 696 
to Clinton County H.S., and from KY 
696 to TN State line 
Construct highway rail grade separations 
along the City Lead in Paducah 
Reconstruction of the Louisville Trolley 
Bam 
Completion of the Ownsboro Corridor and 
related State Highway projects 
Extend 
Hurstboume 
Parkway 
from 
Bardstown Road to Fern Valley Rd 
Causeway Project 
I-10 Connector, Port of South Louisiana .. 
Florida Expressway Construction, Street 
Bernard/Orleans Parishes 
Construction, LA 1 
Leeville Bridge, LA 1 
Louisiana segment, Gulf Coast high speed 
East West Corridor/El Camino Real, LA 6 
to U.S. 84, Central-Northwest LA 
Nelson Access Road to Port of Lake 
Tchopitoulas Corridor, New Orleans 
(Dollars in 
millions) 
13 
16 
7 
18 
2 
6.798 
1 
3 
5 
25 
25 
47.046 
23.488 
5.83 
2 
0.125 
2.3 
2.81 
0.25 
1.5 
15.817 
4 
0.5 
0.28 
0.05 
0.25 
2.3 
2 
1 
1.5 
1 
4.5 
4.5 
112 STAT. 316 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
1598. 
1599. 
1600. 
1601. 
1602. 
1603. 
1604. 
1605. 
1606. 
1607. 
1608. 
1609. 
1610. 
1611. 
1612. 
1613. 
1614. 
1615. 
1616. 
1617. 
1618. 
1619. 
1620. 
1621. 
1622. 
1623. 
1624. 
1625. 
1626. 
1627. 
1628. 
1629. 
State 
Louisiana 
Louisiana 
Louisiana 
Massachusetts 
Maryland 
Maryland 
Maryland 
Maryland 
Maryland 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
Maine 
, 
Michigan 
Michigan 
Michigan 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Project description 
Route 3132 to Caddo-Bossier Port, Shreve-
port 
Kansas Lane, Monroe 
New Orleans CBD to New Orleans Inter-
national Airport, commuter rail 
State Priority Projects 
Improve highway signage for C&O Canal 
NHP in Frederick, Washington, and Al-
legany Counties 
Construct pedestrian bicycle bridge across 
Susquehanna River between Havre de 
Grace and Perryville 
Upgrade U.S. 113 ndrth of U.S. 50 to Jar-
vis Road in Worcester County 
Upgrade MD 32 in the vicinity of NSA 
Anne Arundel County 
Construct Phase 1-A of the 1-70/1-270/ 
U.S. 
340 
interchange 
in 
Frederick 
County 
Upgrade Route 11 
Construct I-95/Stillwater Avenue inter-
change 
Reconstruction of the Mack Point Cargo 
Port 
Improve Route 23 
Improve Route 26 
Replace Ridlonville Bridge, Rumford 
Studies, planning for extension of 1-95 
Construct 1-295 connector, Portland 
Replace Singing Bridge across Taunton 
Bay 
Construct new bridge over 
Kennebec 
River (Carlton Bridge replacement) 
Studies, planning, reconstruction of East-
West Highway 
State Priority Projects 
State Priority Projects 
Reconstruct and rehabilitate, including 
rail and interstate access improvements 
for the Detroit Waterfront Dock, Detroit 
Reconstruct S.E. Main Avenue/I-94 Inter-
change, Moorhead 
Construct T.H. 212 Construction between 
1-494 and Carver County Road 147 
Construct T.H. 610/10 from T.H. 169 in 
Brooklyn Park to 1-94 in Maple Grove .. 
Construct Mankato South Route in Man-
kato 
Reconstruct SE Main Avenue/I-94 Inter-
change, Moorhead 
Replace Sauk Rapids Bridge over Mis-
sissippi River, Steams 
and 
Benton 
Counties 
Replace Sauk Rapids Bridge over Mis-
sissippi River, Steams and Benton Cit-
ies 
Construct Shepard Road/Upper Landing 
Interceptor, St. Paul 
Construct Mankato South Route, Mankato 
(Dollars in 
millions) 
4.5 
4.5 
5 
37.365 
0.091 
1.25 
7 
6.75 
15 
0.15 
0.15 
1.45 
0.125 
0.375 
0.875 
2 
1 
1.375 
1 
25.447 
31.438 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 317 
No. 
State 
Project description 
(Dollars in 
millions) 
1630. 
1631. 
1632. 
1633. 
1634. 
1635. 
1636. 
1637. 
1638. 
1639. 
1640. 
1641. 
1642. 
1643. 
1644. 
1645. 
1646. 
1647. 
1648. 
1649. 
1650. 
1651. 
1652. 
1653. 
1654. 
1655. 
1656. 
1657. 
1658. 
1659. 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
Missouri 
Missouri 
Missouri 
Missouri 
Missouri 
Missouri 
Missouri 
Missouri 
Missouri 
Mississippi 
Montana 
North Carolina 
North Carolina 
North Dakota 
Nebraska 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
New Hampshire .... 
Reconstruct and Replace 1-494 Wakota 
Bridge from South St. Paul to Newport 
and approaches 
Reconstruct/replace 1-494 Wakota Bridge 
from South St. Paul to Newport, and 
approaches 
Construct Phalen Boulevard between 1-35 
and 1-94 
Construct T.H. 610/10 from T.H. 169 in 
Brooklyn Park to 1-94 in Maple Grove .. 
Design and Construct Access to I-35W at 
Lake St., Minneapolis 
Develop bike/pedestrian paths for Town of 
Kansas and Riverfront Park in Kansas 
City 
Construct Cuivre River Bridge at Lincoln 
County 
Construct Route 13 MO River Bridge at 
Lexington 
Construct Highway 47 MO River Bridge 
at Washington 
Construct Route 5 Bridge at the Lake of 
the Ozarks 
Upgrade 1-70 in Missouri 
Construct Chouteau Bridge at Kansas 
City 
Construct Mississippi River Bridge at 
Hannibal 
Construct Bill Emerson Memorial Bridge 
Construct Missouri River Bridge at Her-
mann 
Replace functionally obsolete drawbridge 
with new crossing, High Rise Bridge, at 
Pascagoula 
Conduct environmental review, planning, 
design, 
and 
construction 
of 
the 
Beartooth Highway in Wyoming and 
Montana 
Construct Raleigh Outer Loop (segment 
D) between NC 50 and SR 2000 
Construct additional lanes on 1-77 be-
tween 1-85 and NC 73 
State Priority Projects 
Improve Nebraska Highways 8 and 15 in 
Fairbury 
Construct Riverfront Trails and Bridges 
Along Missouri River from Dodge Park 
through Omaha to Bellevue 
Widen 1-93 from Salem to Manchester 
Construct 
Manchester 
Airport 
Access 
Road, Manchester 
Conway 
bypass/Route 
16 
mitigation, 
Conway 
Improve Bridge Street bridge, Plymouth .. 
Advance completion of Route 101 project 
from Raymond to Hampton 
Rehabilitate/reconstruct 
Bath-Haverhill 
Bridge, Bath and Haverhill 
Construct Manchester Access Road, Man-
chester 
Construct Orford Bridge, Orford 
3.529 
1 
2.5 
9.029 
2 
0.341 
3 
3 
3 
3 
10 
38 
19.905 
8.44 
48 
13.138 
4.786 
L175 
0.5 
1 
2 
0.65 
3.175 
0.85 
112 STAT. 318 
PUBLIC LAW 105-178—JUNE 9, 1998 
No. 
1660. 
1661. 
1662. 
1663. 
1664. 
1665. 
1666. 
1667. 
1668. 
1669. 
1670. 
1671. 
1672. 
1673. 
1674. 
1675. 
1676. 
1677. 
1678. 
1679. 
1680. 
1681. 
1682. 
1683. 
1684. 
1685. 
1686. 
1687. 
1688. 
State 
New Jersey 
New Jersey 
New Jersey 
New Jersey 
New Jersey 
Nevada 
Nevada 
Nevada 
Nevada 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
Ohio 
Ohio 
Ohio 
Ohio 
Ohio 
Ohio 
Ohio 
Ohio 
Project description 
Construct bicycle trails and riverside im-
provements, West Deptford 
Construct Delaware River tram to link 
destinations on both sides of Delaware 
River 
Construct new ramp between NJ 42 and 
south section of 1-295 
Construct roadway network through the 
Bergen Arches railroad 
right-of-way, 
Relocate/construct Cooper Hospital Medi-
cal Center helipad, Camden 
Canamex Corridor Innovative Urban Ren-
ovation Project in Henderson 
Widen 
U.S. 50 
between 
Fallon 
and 
Fernley 
I-580/U.S. 395 Freeway Extension to Car-
Reconstruction of 1-15 Interchange at Sa-
hara Avenue and Rancho Road in North 
Las Vegas 
Widening of Craig Road in North Las 
Widen 1-15 in San Bemadino County, CA 
Reconstruct 
Springfield 
Boulevard 
be-
tween the LIRR Main Line South to 
Rockaway Boulevard in Queens County 
Replace Kennedy-class ferries in Staten 
Construct Fordham University Regional 
Construct Hamilton Street interchange 
between Route 17 and Route 15 in 
Construct intermodal project at Castle 
Clinton and Battery Park, New York 
City 
Relocate toll barrier in Williamsville 
Construct Route 219 from Springville to 
Salamanica (Route 13 to Route 17) 
Design/construct 
upgraded 
interchange 
between 1-84 and 1-87 near Stuart 
International Airport, Newburg 
Renovate/reconstruct 
James 
A. 
Farley 
Post Office, New York City, as new Am-
trak station 
Renovate Hellgate Bridge, New York City 
Upgrade intersection of U.S. 20 and SR 
420, Woodville 
Improve intersection at SR 327 and U.S. 
32, Wellston 
Upgrade U.S. 20 in Painesville, Perry, and 
Madison 
Upgrade U.S. 30 and Hill-Diley Road, 
Lancaster 
Upgrade Caves Road, Geauga County 
Upgrade SR 2 between Oregon and Camp 
Construct intermodal transit center in 
Cincinnati 
High priority highway and bridge projects 
(Dollars in 
millions) 
0.7 
8 
14 
26.5 
1.5 
1.531 
1 
5 
5 
2 
6 
1 
2 
4 
4.4 
6 
6.1 
20 
20 
40 
15 
5 
3 
3 
4 
2 
5 
8 
34.325 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 319 
No. 
State 
Ohio 
Oklahoma .... 
Oregon 
Oregon 
Oregon 
Oregon 
Oregon 
Oregon 
Oregon 
Oregon 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Project description 
Upgrade intersection of U.S. 35 and Fair-
field Road 
ReconstrucVwiden 1-40 Crosstown Bridge 
and Realignment, Oklahoma City 
Relocate Highway 126 through Redmond 
Widen U.S. 30 from two lanes to four 
lanes in Pendleton 
Restore funding 
for Broadway 
Bridge 
Project 
Restore funding for 1-5/217 Kruse Way 
Project 
Restore funding for Astoria Hazard Recov-
ery Railroad Slide 
Restore funding for South Rivergate Over-
crossing Project 
Restore funding for Medford Highway 62/ 
99 Project 
Restore funding for 1-205 Sunnybrooke 
Interchange Project 
Reconstruction of 1-79 from PA 285 to 
U.S. 6, Crawford County 
Relocation of U.S. 15 from U.S. 522 to PA 
147 in Snyder, Union, and Northumber-
land Counties 
Reconstruct 
I-81/Davis 
Street 
Inter-
change, Lackawanna County 
Construct 
American 
Parkway 
Bridge 
project, Allentown 
Construct Williams-Lycoming County Air-
port access road from 1-80 to the Air-
port 
Rehabilitate Streets Run Road for emer-
gency access 
Construct pedestrian bridge. Vine Street 
Expressway between 
15th and 
16th 
Streets 
North Shore roadway and pedestrian im-
provements, Pittsburgh 
Widening and reconstruction of U.S. 30, 
Lancaster County 
Construction of Erie Bayside Connector, 
Erie County 
Construct Independence Gateway Trans-
portation Center project, Philadelphia ... 
Road construction in and around former 
Bethlehem Steel plant site 
Roadway and pedestrian 
improvements 
for North Shore Central Business Dis-
trict Corridor Transportation 
Project, 
Pittsbtu"gh 
Construction 
at 
Williamsport 
Airport, 
Lycoming County 
Construct U.S. 322 Conchester Highway 
between U.S. 1 and SR 452 
Construct 1-95 access ramps at 
and 
around Philadelphia International Air-
port 
Reconstruct SR 309 in Eastern Montgom-
ery County 
Lancaster County airport runway exten-
sion 
(Dollars in 
millions) 
1689. 
1690. 
1691. 
1692. 
1693. 
1694. 
1695. 
1696. 
1697. 
1698. 
1699. 
1700. 
1701. 
1702. 
1703. 
1704. 
1705. 
1706. 
1707. 
1708. 
1709. 
1710. 
1711. 
1712. 
1713. 
1714. 
1715. 
1716. 
30.912 
4 
7.8 
2.5 
1.75 
0.175 
2 
4 
1.8 
1 
1 
1 
1 
1 
0.5 
1 
2.505 
2.5 
2 
1 
3 
2.5 
2 
3 
5 
2 
1 
112 STAT. 320 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
1717. 
1718. 
1719. 
1720. 
1721. 
1722. 
1723. 
1724. 
1725. 
1726. 
1727. 
1728. 
1729. 
1730. 
1731. 
1732. 
1733. 
1734. 
1735. 
1736. 
1737. 
1738. 
1739. 
1740. 
1741. 
1742. 
1743. 
1744. 
State 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Rhode Island 
Rhode Island 
South Carolina 
South Dakota 
South Dakota 
South Dakota 
Tennessee 
Tennessee 
Tennessee 
Project description 
Construct safety and capacity improve-
ments to Route 309 and Old Packhouse 
Road, including widening of Old Pack-
house Road between KidsPeace Na-
tional Hospital and Route 309, Lehigh 
Construct grade separated interchange on 
Old Route 60 at Pittsburgh Airport, Al-
legheny County 
Improvements to SR 412 from 1-78 to 
Bethlehem Steel site and road improve-
ments for rail intermodal facility, Beth-
lehem 
Construct new interchange at Settler's 
Improve access and interchange from 1-95 
to International terminal at Philadel-
phia International Airport 
Relocate Route 15 at Selinsgrove and 
Shamokin Dam, Snyder County 
Construct access to site of former Phila-
delphia Naval Shipyard and Base 
Reconstruct 1-80, Mercer and Venango 
Construct Erie Eastside Connector 
Reconstruct main line 1-179 
Upgrade U.S. 219 between Meyersdale 
and Somerset 
Relocate 
Route 
222 
in/around 
Trexlertown, Lehigh County 
Widen Broad Street and related improve-
ments, Hazelton 
Construct 
Cranberry 
Connector, 
1-79/ 
Route 19/PA Turnpike, Butler County ... 
Construct Warren Street Extension, Read-
Construct new lane on Route 15, Tioga 
Construct Mon Fayette Expressway be-
tween WV and Fairchance 
Reconstruct Ft. Pitt Bridge and Tunnel, 
Pittsburgh 
Construct new interchange at 1-95 and 
PA Turnpike and related improvements 
Construct Blackstone River bikeway 
Construct Woonasquatucket bikeway 
Replace Cooper River Bridges, Charleston 
Construct Eastern Dakota Expressway be-
tween Aberdeen at 1-29 
Preserve Skyline Drive Scenic Ridgetop in 
Rapid City 
Construct new interchange and access 
road on Interstate 90 at Box Elder 
Reconstruction of Old Walland Highway 
Bridge over Little River, Townsend 
Construct pedestrian and bicycle pathway 
to connect with Mississippi River Trail 
and restore historic cobblestones on the 
High priority highway and bridge projects 
(Dollars in 
millions) 
1 
1 
2 
1 
5 
1 
2 
1 
3 
1 
5 
3 
2 
2 
3 
5 
5 
19 
5 
8.843 
3.1 
19.311 
12.832 
0.5 
1 
0.42 
0.7 
44.048 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 321 
No. 
1745. 
1746. 
1747. 
1748. 
1749. 
1750. 
1751. 
1752. 
1753. 
1754. 
1755. 
1756. 
1757. 
1758. 
1759. 
1760. 
1761. 
1762. 
1763. 
1764. 
1765. 
1766. 
1767. 
1768. 
1769. 
1770. 
1771. 
1772. 
1773. 
1774. 
1775. 
1776. 
1777. 
1778. 
1779. 
State 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Utah 
Virginia 
Virginia 
Virginia 
Virginia 
Virginia 
Virginia 
Vermont 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Project description 
Construct Phase 2 of the University Ave-
nue Interchange, Provo 
Engineer/reconstruct 
at 
Brown's 
Park 
Road, Daggett County 
Construct Cache Valley Highway in Logan 
Gateway Redevelopment Area road recon-
struction. Salt Lake City 
Widen/improve 123rd/126th South from 
700 East to Jordan River, Draper 
Construct Cache Valley Highway in Logan 
Widen/improve 123rd/126th South from 
Jordan River to Bangerter Highway in 
Construct underpass at 100 South, in 
Sandy 
Extend Main Street from 5600 South to 
Vine Street, Murray 
Construct Phase 2 of the University Ave-
nue Interchange, Provo 
Widen 7200 West, Midvale 
Construct 1-15 interchange at Atkinville .. 
Improve 5600 West Highway from 2100 
South to 4100 South in West Valley 
County 
Construct 
Southeastern 
Parkway 
and 
Construct Route 288, Richmond 
Planning/design for Coalfields Express-
way, Buchanan, Dickinson, and Wise 
Complete new section of Fairfax County 
Parkway, Fairfax County 
Reconstruct SR 168 (Battlefield Boule-
vard), Chesapeake 
Phase 1 Downtown Staunton Streetscape 
Plan 
Commuter/freight rail congestion/mitiga-
tion project over Quantico Creek 
Conduct preliminary engineering on 1-73 
between Roanoke and VA/NC State line 
Construct I-95/State Route 627 inter-
change, Stafford County 
Improve Lee Highway Corridor in Fairfax 
Construct Third Bridge/Tunnel Crossing 
Widen 1-64 Bland Boulevard interchange 
Construct "Smart Road" in Blacksburg 
Reconstruct I-66/Route 29 interchange. 
Upgrade and Improve 
Publicly-Owned 
Vermont 
Rail 
Infrastructure 
from 
Hood River Bridge SR 35 
Port of Kalama River Bridge 
Huntington Avenue South Castle Rock 
Port of Longview Industrial Rail Corridor 
Safety Improvements to SR 14 Columbia 
Construct 192nd Street from SR 14 to SE 
15th, Vancouver 
(Dollars in 
millions) 
1.5 
0.85 
1 
1 
0.5 
2 
0.5 
1 
2 
1 
0.35 
2 
1 
4 
2 
5 
2 
3 
0.2 
2 
1 
1 
1 
3 
3 
5 
15 
9.168 
0.192 
0.169 
0.138 
0.477 
1.27 
0.775 
0.962 
112 STAT. 322 
PUBLIC LAW 105-178-^UNE 9, 1998 
No. 
State 
Project description 
(Dollars in 
millions) 
1780. 
1781. 
1782. 
1783. 
1784. 
1785. 
1786. 
1787. 
1788. 
1789. 
1790. 
1791. 
1792. 
1793. 
1794. 
1795. 
1796. 
1797. 
1798. 
1799. 
1800. 
1801. 
1802. 
1803. 
1804. 
1805. 
1806. 
1807. 
1808. 
1809. 
1810. 
1811. 
1812. 
1813. 
1814. 
1815. 
1816. 
1817. 
1818. 
1819. 
1820. 
1821. 
1822. 
1823. 
Washington 
Washington 
, 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
Washington 
West Virginia ... 
Wyoming 
New Mexico 
Massachusetts .. 
Texas 
Texas 
Arizona 
Delaware 
Hawaii 
Wisconsin 
Arkansas 
Maine 
Texas 
Virginia 
New Hampshire 
Idaho 
Widen U.S. 395 north of Spokane 
Columbia Center Boulevard, Kennewick ... 
Construct Washington Pass Visitors Cen-
ter 
Improve Hillsboro Street/Highway 
395 
intersection, Pasco 
Reconstruct I-82/Keys Road Intersection, 
Yakima 
Construct Sequim/Dungeness Valley Trail 
Project 
Widen SR 99 between 148th Street and 
King County Line, Lynnwood 
Improve I-5/196th Street Interchange, 
Lynnwood 
Construct SR 305 corridor improvement, 
Poulsboro 
Edmonds Crossing multi-modal transpor-
tation project 
Construct Cross Base Corridor Ft. Lewis/ 
McChord AFB 
Reconstruct 1-5 Interchange, 
City 
of 
Lacey 
Construct SR 167 Corridor 
Southworth Seattle Ferry 
Undertake SR 166 slide repair 
Construct SR 7 Elbe rest area and inter-
pretive facility 
Extend Mill Plain Boulevard, Vancouver .. 
Construct I-405/NE 8th Street Inter-
change, Bellevue 
Improve I-90/Sunset Way Interchange, 
Issaquah 
Clinton Ferry Terminal 
8th Street, East Pierce County 
Shaw Road/Puyallup extension 
180th, Tukwila 
South 277th, Auburn (UP) 
South 277th, Auburn (BNSF) 
Construct Southwest Third Street 
Construct Port of Tacoma Road 
Construct North Duwamish Intermodal 
Project 
Construct Coalfields Expressway 
State Priority Projects 
Construct Rio Rancho Highway 
Reconstruct Huntington Avenue 
Relocate railroad Bryan/College Station at 
Texas A&M or any other high priority 
project 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
Relocate railroad line in Bryan and Col-
lege Station, Texas A&M University 
High priority highway and bridge projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
L9 
0.309 
0.231 
0.682 
1.663 
0.192 
0.577 
0.866 
0.673 
0.962 
0.115 
0.288 
0.288 
0.962 
1.25 
0.15 
1 
5.875 
4.95 
1.2 
0.25 
0.375 
0.5 
0.5 
0.5 
0.75 
1.125 
4 
22.69 
13.934 
20 
1 
10 
133.863 
31.076 
8.868 
10.379 
39.926 
15 
10 
15 
5 
5 
5 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 323 
No. 
1824. 
1825. 
1826. 
1827. 
1828. 
1829. 
1830. 
1831. 
1832. 
1833. 
1834. 
1835. 
1836. 
1837. 
1838. 
1839. 
1840. 
1841. 
1842. 
1843. 
1844. 
1845. 
1846. 
1847. 
1848. 
1849. 
1850. 
State 
Arkansas 
Missouri 
Wyoming 
Rhode Island 
Oklahoma 
Colorado 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
Alabama 
California 
Oregon 
South Dakota 
Massachusetts 
Pennsylvania 
Pennsylvania 
South Carolina 
Project description 
Conduct seismic design and deployment 
projects 
High priority highway and bridge projects 
High priority highway and bridge projects 
Construct pedestrian and bicycle facilities 
High priority highway and bridge projects 
High priority highway and bridge projects 
Develop Huntsville Southern Bypass 
Replace bridge over Tombigbee River, 
Naheola 
Construct Anniston Eastern Bypass 
Construct East Foley Corridor Project 
from Baldwin County Highway 20 to 
State Highway 59 
Construct Decatur Southern Bypass 
Construct Montgomery Outer Loop from 
U.S. 80 to 1-85 via 1-65 
Develop Birmingham Northern Beltline ... 
Construct bridge over Tennessee River 
connecting Muscle Shoals and Florence 
Create 
National 
University 
Transpor-
tation Center at the University of Ala-
University of Alabama at Birmingham-
Trauma Care Center 
Conduct advance vehicle transportation 
research program at the University of 
Alabama at Tuscaloosa 
Conduct asphalt research program at Au-
burn University 
Conduct Global Climate Research Pro-
gram at the University of Alabama at 
Conduct Golden Gate Seismic Retrofit 
Prepare and preserve high priority high-
Construct Eastern Dakota Expressway 
High priority highway and bridges 
Reconstruct and improve 1-95 in Dela-
ware, Philadelphia and Bucks Counties 
Reconstruct and improve U.S. 22 in West-
moreland and Indiana Counties 
Replace Cooper River Bridges, Charleston 
Construct Bradfield Canal Road 
(Dollars in 
millions) 
5 
10 
5 
5 
5 
5 
1 
0.75 
1.45 
1.8 
2.25 
2 
0.5 
0.25 
26 
30 
23.768 
25 
50 
50 
20 
1 
SEC. 1603. SPECIAL RULE. 
For purposes of calculating the minimum guarantee apportion-
ment under section 105 of title 23, United States Code, the Sec-
retary shall not include projects numbered 1818 through 1849 in 
section 1602. 
TITLE II—HIGHWAY SAFETY 
SEC. 2001. HIGHWAY SAFETY PROGRAMS. 
(a) UNIFORM GUIDELINES.—Section 402(a) of title 23, United 
States Code, is amended— 
112 STAT. 324 
PUBLIC LAW 105-178—JUNE 9, 1998 
(1) in the fourth sentence by striking "(4) to" and inserting 
"(4) to prevent accidents and"; 
(2) in the eighth sentence by striking "include information 
obtained by the Secretary under section 4007 of the Intermodal 
Surface Transportation Efficiency Act of 1991 and"; and 
(3) in the twelfth sentence by inserting "enforcement of 
light transmission standards of window glazing for passenger 
motor vehicles and light trucks as necessary to improve high-
way safety," before "and emergency services". 
(b) ADMINISTRATION OF STATE PROGRAMS.—Section 402(b) of 
23 use 402. 
such title is amended— 
(1) by striking "(b)(1)" and all that follows through para-
graph (2) and inserting the following: 
"(b) ADMINISTRATION OF STATE PROGRAMS.—"; 
(2) by redesignating paragraphs (3), (4), and (5) as para-
graphs (1), (2), and (3), respectively; 
(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 "para-
graph (3)(C)" and inserting "paragraph (1)(C)". 
(c) APPORTIONMENT OF FUNDS.—^The sixth sentence of section 
402(c) of such title is amended by inserting "the apportionment 
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) of such 
title is amended to read as follows: 
"(i) APPLICATION IN INDIAN COUNTRY.— 
"(1) USE OF TERMS.—^For the purpose of application of this 
section in Indian country, the terms 'State' and 'Governor of 
a State' include the Secretary of the Interior and the term 
'political subdivision of a State' includes an Indian tribe. 
"(2) EXPENDITURES FOR LOCAL HIGHWAY PROGRAMS.—^Not-
withstanding subsection (b)(1)(C), 95 percent of the funds appor-
tioned to the Secretary of the Interior under this section shall 
be expended by Indian tribes to carry out highway safety pro-
grams within their jurisdictions. 
"(3) 
ACCESS FOR INDIVIDUALS WITH DISABILITIES.—The 
requirements of subsection (b)(1)(D) shall be applicable to 
Indian tribes, except to those tribes with respect to which 
the Secretary determines that application of such provisions 
would not be practicable. 
"(4) INDIAN COUNTRY DEFINED.—In this subsection, the term 
'Indian country* means— 
"(A) all land within the limits of any Indian reservation 
under the jurisdiction of the United States, notwithstand-
ing the issuance of any patent and including rights-of-
way running through the reservation; 
"(B) all dependent Indian communities within the bor-
ders of the United States, whether 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 titles to which 
have not been extinguished, including rights-of-way run-
ning through such allotments.". 
(e) RULEMAKING PROCEEDING.—Section 402(j) of such title is 
amended to read as follows: 
OS..^«Vi 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 325 
"(j) RULEMAKING PROCEEDING.—The Secretary may periodically 
conduct a rulemaking process to identify highway safety programs 
that are highly effective in reducing motor vehicle crashes, injuries, 
and deaths. 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 programs when developing 
their highway safety programs.". 
(f) HIGHWAY SAFETY EDUCATION AND INFORMATION.— 
23 use 402 note. 
(1) IN GENERAL.—For fiscal years 1999 and 2000, the Sec-
retary shall allow any State to use funds apportioned to the 
State under section 402 of title 23, United States Code, to 
purchase television and radio time for highway safety public 
service messages. 
(2) REPORTS BY STATES.—Any State that uses funds 
described in paragraph (1) for purchasing television and radio 
time for highway safety public service messages shall submit 
to the Secretary a report describing, and assessing the effective-
ness of, the messages. 
(3) STUDY.—Based on information contained in the reports Reports. 
submitted under paragraph (2), the Secretary shall prepare 
and transmit to Congress a report on the effectiveness of 
purchasing television and radio time for highway safety public 
service messages using funds described in paragraph (1). 
SEC. 
2
0
0
2
. 
HIGHWAY 
SAFETY 
RESEARCH 
AND 
DEVELOPMENT. 
(a) AUTHORITY OF THE SECRETARY.—Section 403(a)(2)(A) of title 
23, United States Code, is amended by inserting ", including train-
ing in work zone safety management" after "personnel". 
(b) DRUGS AND DRIVER BEHAVIOR.— 
(1) IN GENERAL.—Section 403(b) of such title is amended 23 use 403. 
by adding at the end the following: 
"(3) Measures that may deter drugged driving. 
"(4) Programs to train law enforcement officers on motor 
vehicle pursuits conducted by the officers.". 
(2) REPORTS OF FEDERAL POLICIES AND PROCEDURES.—Not 
later than 180 days after the date of enactment of this Act, 
the Attorney General, the Secretary of Agriculture, the Sec-
retary of the Interior, the Secretary of the Treasury, the Chief 
of Capitol Police, and the Administrator of General Services 
shall each transmit to Congress a report containing— 
(A) the policy of the department or agency headed 
by that individual concerning motor vehicle pursuits by 
law enforcement officers of that department or agency; 
and 
(B) a description of the procedures that the department 
or agency uses to trgiin law enforcement officers in the 
implementation of the policy referred to in subparagraph 
(A). 
SEC. 2003. OCCUPANT PROTECTION. 
(a) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
(1) IN GENERAL.—Chapter 4 of title 23, United States Code, 
is amended by inserting after section 404 the following: 
**§405. Occupant protection incentive grants 
"(a) GENERAL AUTHORITY.— 
112 STAT. 326 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(1) AUTHORITY TO MAKE GRANTS.—Subject to the require-
ments of this section, the Secretary shall make grants under 
this section to States that adopt and implement effective pro-
grams to reduce highway deaths and injuries resulting from 
individuals riding unrestrained or improperly restrained in 
motor vehicles. Such grants may be used by recipient States 
only to implement and enforce, as appropriate, such programs. 
"(2) 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 programs 
described in paragraph (1) at or above the average level of 
such expenditures in its 2 fiscal years preceding the date of 
enactment of the Transportation Equity Act for the 21st Cen-
tury. 
"(3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may 
receive grants under this section in more than 6 fiscal years 
beginning after September 30, 1997. 
"(4) FEDERAL SHARE.—^The Federal share of the cost of 
implementing and enforcing, as appropriate, in a fiscal year 
a program adopted by a State pursuant to paragraph (1) shall 
not exceed— 
"(A) in each of the first and second fiscal years in 
which the State receives a grant under this section, 75 
percent; 
"(B) in each of the third and fourth fiscal years in 
which the State receives a grant under this section, 50 
percent; and 
"(C) in each of the fifth and sixth fiscal years in which 
the State receives a grant under this section, 25 percent. 
"(b) GRANT ELIGIBILITY.—A State shall become eligible for a 
grant under this section by adopting or demonstrating to the satis-
faction of the Secretary at least 4 of the following: 
"(1) SAFETY BELT USE LAW.—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 individ-
ual (other than a child who is secured in a child restraint 
system) in the front seat of the vehicle (and, beginning in 
fiscal year 2001, in any seat in the vehicle) does not have 
a safety belt properly secured about the individual's body. 
"(2) PRIMARY SAFETY BELT USE LAW.—The State provides 
for primary enforcement of the safety belt use law of the State. 
"(3) MINIMUM FINE OR PENALTY POINTS.—^The State imposes 
a minimum fine or provides for the imposition of penalty points 
against the driver's license of an individual— 
"(A) for a violation of the safety belt use law of the 
State; and 
"(B) for a violation of the child passenger protection 
law of the State. 
"(4) SPECIAL TRAFFIC ENFORCEMENT PROGRAM.—^The State 
has implemented a statewide special traffic enforcement pro-
gram for occupant protection that emphasizes publicity for the 
program. 
"(5) CHILD PASSENGER PROTECTION EDUCATION PROGRAM.— 
The State has implemented a statewide comprehensive child 
passenger protection education program that includes education 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 327 
programs about proper seating positions for children in air 
bag equipped motor vehicles and instruction on how to reduce 
the improper use of child restraint systems. 
"(6) CHILD PASSENGER PROTECTION LAW.—The State has 
in effect a law that requires minors who are riding in a pas-
senger motor vehicle to be properly secured in a child safety 
seat or other appropriate restraint system. 
"(c) GRANT AMOUNTS.—The amount of a grant for which a 
State qualifies under this section for a fiscal year shall equal 
up to 25 percent of the amount apportioned to the State for fiscal 
year 1997 under section 402. 
"(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section in a fiscal year shall be subject 
to a deduction not to exceed 5 percent for the necessary costs 
of administering the provisions of this section. 
"(e) APPLICABILITY OF CHAPTER 1.—^The provisions contained 
in section 402(d) shall apply to this section. 
"(f) DEFINITIONS.—In this section, 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 vehicle' 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 'multi-
purpose 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 special features for occasional off-road operation. 
"(4) PASSENGER CAR.—^The term 'passenger car' means a 
motor vehicle with motive power (except a multipurpose pas-
senger vehicle, motorcycle, or trailer) designed to carry not 
more than 10 individuals. 
"(5) PASSENGER MOTOR VEHICLE.—The term 'passenger 
motor vehicle' means a passenger car or a multipurpose pas-
senger motor vehicle. 
"(6) SAFETY BELT.—-The term 'safety belt' means— 
"(A) with respect to open-body passenger vehicles, 
including convertibles, an occupant restraint 
system 
consisting of a lap belt or a lap belt and a detachable 
shoulder belt; and 
"(B) with respect to other passenger vehicles, an occu-
pant restraint system consisting of integrated lap and 
shoulder belts.". 
(2) CONFORMING AMENDMENT.—The analysis for such chap-
ter is amended by inserting after the item relating to section 
404 the following: 
"405. Occupant protection incentive grants.". 
(b) CHILD PASSENGER PROTECTION EDUCATION GRANTS.— 
23 use 405 note. 
(1) IN GENERAL.—^The Secretary may make a grant to a 
State that submits an application, in such form and manner 
as the Secretary may prescribe, that is approved by the Sec-
retary to carry out the activities specified in paragraph (2) 
through— 
6&-194 O - 98 - 12: QL 3 Part 1 
112 STAT. 328 
PUBLIC LAW 105-178-^UNE 9, 1998 
(A) the child passenger protection program of the State; 
and 
(B) at the option of the State, a grant program estab-
lished by the State to carry out 1 or more of the activities 
specified in paragraph (2) by a political subdivision of the 
State or an appropriate private entity. 
(2) USE OF FUNDS.—Funds provided to a State as a grant 
under this subsection shall be used to implement child pas-
senger protection programs that— 
(A) are designed to prevent deaths and injuries to 
children; 
(B) educate the public concerning— 
(i) all aspects of the proper installation of child 
restraints using standard seatbelt hardware, supple-
mental hardware, and modification devices (if needed), 
including special installation techniques; 
(ii) appropriate child restraint design, selection, 
and placement; and 
(iii) harness threading and harness adjustment on 
child restraints; and 
(C) train and retrain child passenger safety profes-
sionals, police officers, fire and emergency medical person-
nel, and other educators concerning all aspects of child 
restraint use. 
(3) GRANT AWARDS.—^The Secretary may make a grant 
under this subsection without regard to whether a State is 
eligible to receive, or has received, a grant under section 405 
of title 23, United States Code (as inserted by subsection (a) 
of this section). 
(4) FEDERAL SHARE.—^The Federal share of the cost of a 
program carried out using funds made available from a grant 
under this subsection may not exceed 80 percent. 
(5) REPORT.—Each State that receives a grant under this 
subsection shall transmit to the Secretary a report for the 
period covered by the grant that, at a minimum, describes 
the program activities carried out with the funds made avail-
able under the grant. 
(6) REPORT TO CONGRESS.—^Not later than June 1, 2002, 
the Secretary shall transmit to Congress a report on the 
implementation of this subsection that includes a description 
of the programs carried out and materials developed and 
distributed by the States that receive grants under this sub-
section. 
(7) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated to carry out this subsection $7,500,000 
for each of fiscal years 2000 and 2001. 
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. 
(a) IN GENERAL.—Section 410 of title 23, United States Code, 
is amended to read as follows: 
**§410. Alcohol-impaired driving countermeasures 
"(a) GENERAL AUTHORITY.— 
"(1) AUTHORITY TO MAKE GRANTS.—Subject to the require-
ments of this section, the Secretary shall make grants to States 
that adopt and implement effective programs to reduce traffic 
safety problems resulting from individuals driving while under 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 329 
the influence of alcohol. Such grants may only be used by 
recipient States to implement and enforce such programs. 
"(2) 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 enact-
ment of the Transportation Equity Act for the 21st Century. 
"(3) MAXIMUM PERIOD OF ELIGIBILITY.—^No State may 
receive grants under this section in more than 6 fiscal years 
beginning after September 30, 1997. 
"(4) FEDERAL SHARE.—The Federal share of the cost of 
implementing and enforcing in a fiscal year a program adopted 
by a State pursuant to paragraph (1) shall not exceed— 
"(A) in each of the first and second fiscal years in 
which the State receives a grant under this section, 75 
percent; 
"(B) in each of the third and fourth fiscal years in 
which the State receives a grant under this section, 50 
percent; and 
"(C) in each of the fifth and sixth fiscal years in which 
the State receives a grant under this section, 25 percent. 
"(b) BASIC GRANT ELIGIBILITY.— 
"(1) BASIC GRANT A.—A State shall become eligible for 
a grant under this paragraph by adopting or demonstrating 
to the satisfaction of the Secretary at least 5 of the following: 
"(A) 
ADMINISTRATIVE 
LICENSE 
REVOCATION.—An 
administrative driver's license suspension or revocation sys-
tem for individuals who operate motor vehicles while under 
the influence of alcohol that requires that— 
"(i) in the case of an individual who, in any 5-
year period beginning after the date of enactment of 
the Transportation Equity Act for the 21st Century, 
is determined on the basis of a chemical test to have 
been operating a motor vehicle while under the influ-
ence of alcohol or is determined to have refused to 
submit to such a test as proposed by a law enforcement 
officer, the State agency responsible for administering 
drivers' licenses, upon receipt of the report of the law 
enforcement officer— 
"(I) shall suspend the driver's license of such 
individual for a period of not less than 90 days 
if such individual is a first offender in such 5-
year period; and 
"(II) shall suspend the driver's license 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 
"(ii) the suspension and revocation referred 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 procedures of the 
State. 
112 STAT. 330 
PUBLIC LAW 105-178-^JUNE 9, 1998 
"(B) UNDERAGE DRINKING PROGRAM.—An effective sys-
tem, as determined by the Secretary, for preventing opera-
tors of motor vehicles under age 21 from obtaining alcoholic 
beverages and for preventing persons from making alcoholic 
beverages available to individuals under age 21. Such sys-
tem may include the issuance of drivers' licenses to 
individuals under age 21 that are easily distinguishable 
in appearance from drivers' licenses issued to individuals 
age 21 or older and the issuance of drivers' licenses that 
are tamper resistant. 
"(C) ENFORCEMENT PROGRAM.—Either— 
"(i) a statewide program for stopping motor 
vehicles on a nondiscriminatory, lawful basis for the 
purpose of determining vjhether the operators of such 
motor vehicles are driving while under the influence 
of alcohol; or 
"(ii) a statewide special traffic enforcement pro-
gram for impaired driving that emphasizes publicity 
for the program. 
"(D) GRADUATED LICENSING SYSTEM.—A 3-stage grad-
uated licensing system for young drivers that includes 
nighttime driving restrictions during the first 2 stages, 
requires all vehicle occupants to be properly restrained, 
and makes it unlawful for a person under age 21 to operate 
a motor vehicle with a blood alcohol concentration of .02 
percent or greater. 
"(E) DRIVERS WITH HIGH BAC.—^Programs to target 
individuals with high blood alcohol concentrations who 
operate a motor vehicle. Such programs may include 
implementation of a system of graduated penalties and 
assessment of individuals convicted of driving under the 
influence of alcohol. 
"(F) YOUNG ADULT DRINKING PROGRAMS.—Programs to 
reduce driving while under the influence of alcohol by 
individuals age 21 through 34. Such programs may include 
awareness campaigns; traffic safety partnerships with 
employers, colleges, and the hospitality industry; assess-
ments of first-time oflFenders; and incorporation of treat-
ment into judicial sentencing. 
"(G) TESTING FOR BAC.—An effective system for increas-
ing the rate of testing of the blood alcohol concentrations 
of motor vehicle drivers involved in fatal accidents and, 
in fiscal year 2001 and each fiscal year thereafter, a rate 
of such testing that is equal to or greater than the national 
average. 
"(2) BASIC GRANT B.—^A State shall become eligible for 
a grant under this paragraph by adopting or demonstrating 
to the satisfaction of the Secretary each of the following: 
"(A) 
FATAL 
IMPAIRED 
DRIVER 
PERCENTAGE 
REDUC-
TION.—^The percentage of fatally injured 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 percentages are 
available. 
"(B) 
FATAL IMPAIRED DRIVER PERCENTAGE COMPARI-
SON.—^The percentage of fatally injured drivers with 0.10 
percent or greater blood alcohol concentration in the State 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 331 
has been lower than the average percentage for all States 
in each of the calendar years referred to in subparagraph 
(A). 
"(3) BASIC GRANT AMOUNT.—The amount of a basic grant 
made to a State for a fiscal year under this subsection shall 
equal up to 25 percent of the amount apportioned to the State 
for fiscal year 1997 under section 402. 
"(c) SUPPLEMENTAL GRANTS.— 
"(1) IN GENERAL.—Upon receiving an application from a 
State, the Secretary may make supplemental grants to the 
State for meeting 1 or more of the following criteria: 
"(A) VIDEO EQUIPMENT FOR DETECTION OF DRUNK DRIV-
ERS.—^The State provides for a program to acquire video 
equipment to be used in detecting persons who operate 
motor vehicles while under the influence of alcohol and 
in prosecuting those persons, and to train personnel in 
the use of that equipment. 
"(B) SELF-SUSTAINING DRUNK DRIVING PREVENTION PRO-
GRAM.—^The State provides for a self-sustaining drunk driv-
ing prevention program under which a significant portion 
of the fines or surcharges collected from individuals 
apprehended and fined for operating a motor vehicle while 
under the influence of alcohol are returned to those commu-
nities which have comprehensive programs for the preven-
tion of such operations of motor vehicles. 
"(C) REDUCING DRIVING WITH A SUSPENDED LICENSE.— 
The State enacts and enforces a law to reduce driving 
with a suspended license. Such law, as determined by 
the Secretary, may require a 'zebra' stripe that is clearly 
visible on the license plate of any motor vehicle owned 
and operated by a driver with a suspended license. 
"(D) U S E OF PASSIVE ALCOHOL SENSORS.—^The State 
provides for a program to acquire passive alcohol sensors 
to be used by police officers in detecting persons who oper-
ate motor vehicles while under the influence of alcohol, 
and to train police officers in the use of that equipment. 
"(E) EFFECTIVE DWI TRACKING SYSTEM.—^The State 
demonstrates an effective driving while intoxicated (DWI) 
tracking system. Such a system, as determined by the 
Secretary, may include data covering arrests, case prosecu-
tions, court dispositions and sanctions, and provide for 
the linkage of such data and traffic records systems to 
appropriate jurisdictions and offices within the State. 
"(F) OTHER PROGRAMS.—The State provides for other 
innovative programs to reduce traffic safety problems 
resulting from individuals driving while under the influence 
of alcohol or controlled substances, including programs that 
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 (b) in such 
fiscal year. 
"(3) FUNDING.—Of the amounts made available to carry 
out this section in a fiscal year, not to exceed 10 percent 
shall be available for making grants under this subsection. 
112 STAT. 332 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section in a fiscal year shall be subject 
to a deduction not to exceed 5 percent for the necessary costs 
of administering the provisions of this section. 
"(e) APPLICABILITY OF CHAPTER 1.—The provisions contained 
in section 402(d) shall apply to this section. 
"(f) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) ALCOHOLIC BEVERAGE.—The term 'alcoholic beverage' 
has the meaning given such term in section 158(c). 
"(2) CONTROLLED SUBSTANCES.—The term 'controlled sub-
stances' has the meaning given such term in section 102(6) 
of the Controlled Substances Act (21 U.S.C. 802(6)). 
"(3) MOTOR VEHICLE.—The term 'motor vehicle' has the 
meaning given such term in section 405.". 
23 use 410 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 1998. 
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS. 
(a) IN GENERAL.—Chapter 4 of title 23, United States Code, 
is further amended by adding at the end the following: 
'^§411. State highway safety data improvements 
"(a) GENERAL AUTHORITY.— 
"(1) AUTHORITY TO MAKE GRANTS.—Subject to the require-
ments of this section, the Secretary shall make grants to States 
that adopt and implement effective programs— 
"(A) to improve the timeliness, accuracy, completeness, 
uniformity, and accessibility of the data of the State that 
is needed to identify priorities for national, State, and 
local highway and traific safety programs; 
"(B) to evaluate the effectiveness of efforts to make 
such improvements; 
"(C) to link these State data systems, including traffic 
records, with other data systems within the State, such 
as systems that contain medical and economic data; and 
"(D) to improve the compatibility of the data system 
of the State with national data systems and data systems 
of other States and to enhance the ability of the Secretary 
to observe and analyze national trends in crash occur-
rences, rates, outcomes, and circumstances. 
Such grants may be used by recipient States only to implement 
such programs. 
"(2) MODEL DATA ELEMENTS.—^The Secretary, in consulta-
tion with States and other appropriate parties, shall determine 
the model data elements necessary to observe and analyze 
J 
national trends in crash occurrences, rates, outcomes, and cir-
cumstances. In order to become eligible for a grant under 
this section, a State shall demonstrate how the multiyear high-
way safety data and traffic records plan of the State described 
in subsection (b)(1) will be incorporated into data systems of 
the State. 
"(3) 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 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 333 
safety data programs at or above the average level of such 
expenditures in its 2 fiscal years preceding the date of enact-
ment of the Transportation Equity Act for the 21st Century. 
"(4) MAXIMUM PERIOD OF ELIGIBILITY.—NO State may 
receive grants under this section in more than 6 fiscal years 
beginning after September 30, 1997. 
"(5) FEDERAL SHARE.—^The Federal share of the cost of 
implementing and enforcing, as appropriate, in a fiscal year 
a program adopted by a State pursuant to paragraph (1) shall 
not exceed— 
"(A) in the first and second fiscal years in which the 
State receives a grant under this section, 75 percent; 
"(B) in the third and fourth fiscal years in which the 
State receives a grant under this section, 50 percent; and 
"(C) in the fifth and sixth fiscal years in which the 
State receives a grant under this section, 25 percent. 
"(b) FIRST-YEAR GRANTS.— 
"(1) ELIGIBILITY.—A State shall become eligible for a first-
year grant under this subsection 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 multidisci-
plinary membership, including 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 highway safety data and traffic 
records system of the State; and 
"(iii) initiated the development of a multiyear high-
way safety data and traffic records strategic plan 
that— 
"(I) identifies and prioritizes the highway 
safety data and traffic records needs and goals 
of the State; 
"(II) identifies performance-based measures by 
which progress toward those goals will be deter-
mined; and 
"(III) will be submitted to the highway safety 
data and traffic records coordinating committee 
of the State for approval; 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 highway safety data and traffic 
records strategic plan that— 
"(I) meets the requirements of subparagraph 
(A)(iii); and 
"(II) specifies how the incentive funds of the 
State for the fiscal year will be used to address 
needs and goals identified in the plan; and 
"(iii) a certification that the highway safety data 
and traffic records coordinating committee of the State 
112 STAT. 334 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
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 para-
graph (1)(A), $125,000; and 
"(B) if the State is eligible for the grant under para-
graph (1)(B), an amount determined by multiplying— 
"(i) the amount appropriated to carry out this sec-
tion for such fiscal year; by 
"(ii) 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; 
except that no State eligible for a grant xmder paragraph 
(1)(B) shall receive less than $250,000. 
"(3) STATES NOT MEETING CRITERIA.—The Secretary may 
award a grant of up to $25,000 for 1 year to any State that 
does not meet the criteria established in paragraph (1). The 
grant may only be used to conduct activities needed to enable 
the State to qualify for a first-year grant in the next fiscal 
year. 
"(c) SUCCEEDING YEAR GRANTS.— 
"(1) ELIGIBILITY.—A State shall be eligible for a grant 
under this subsection in a fiscal year succeeding the first fiscal 
year in which the State receives a grant under subsection 
(b) if the State, to the satisfaction of the Secretary— 
"(A) submits or updates a multiyear highway safety 
data and traffic records strategic plan that meets the 
requirements of subsection (b)(1); 
"(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 progress of the State 
in implementing the multiyear plan. 
"(2) GRANT AMOUNTS.—^The amount of a succeeding year 
grant made to the State for a fiscal year under this paragraph 
shall equal the amount determined by multipl)ang— 
"(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; 
except that no State eligible for a grant under this paragraph 
shall receive less than $225,000. 
"(c) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section in a fiscal year shall be subject 
to a deduction not to exceed 5 percent for the necessary costs 
of administering the provisions of this section. 
"(d) APPLICABILITY OF CHAPTER 1.—^The provisions contained 
in section 402(d) shall apply to this section.". 
(b) CONFORMING AMENDMENT.—^The analysis for such chapter 
is amended by adding at the end the following: 
"411. State highway safety data improvements.". 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 335 
SEC. 2006. 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 agree-
ment with an organization that represents the interests of 
the States to manage, administer, and operate the National 
Driver Register's computer timeshare and user assistance func-
tions. If the Secretary decides to enter into such an agreement, 
the Secretary shall ensure that the management of these func-
tions is compatible with this chapter and the regulations issued 
to implement this chapter. 
"(2) 
REQUIRED OEMONSTRATiON.^Any transfer of the 
National Driver Register's computer timeshare and user assist-
ance functions to an organization 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 
National 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 entered into 
under this subsection shall include a provision 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 organization representing their interests for their use 
of the National Driver Register's computer timeshare and user 
assistance functions. During this transition period, the Sec-
retary shall continue to fund these transferred functions. 
"(4) FEES.—^The total of the fees charged by the organiza-
tion representing the interests of the States in any fiscal year 
for the use of the National Driver Register's computer timeshare 
and user assistance functions shall not exceed the total cost 
to the organization of performing these functions in such fiscal 
year, 
"(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 
in this subsection may be construed to diminish, limit, or other-
wise Eiffect 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 amended— 
(A) in paragraph (2) by inserting before the period 
at the end the following: ", unless the information is about 
a revocation or suspension still in effect on the date of 
the request"; 
(B) in paragraph (8), as redesignated by section 207(b) 
of the Coast Guard Authorization Act of 1996 (Public Law 
104-324, 110 Stat. 3908)— 
(i) by striking "paragraph (2)" and inserting "sub-
section (a) of this section"; and 
(ii) by moving the text of such paragraph 2 ems 
to the left; and 
(C) by redesignating paragraph (8), as redesignated 
by section 502(b)( 1) of the Federal Aviation Reauthorization 
112 STAT. 336 
PUBLIC LAW 105-178—JUNE 9, 1998 
Reports. 
49 use 30301 
note. 
Act of 1996 (Public Law 104-264, 110 Stat. 3262), as para-
graph (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 licens-
ing official of a State to obtain information under subsection (a) 
of this section about an individual 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 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, sus-
pended, or canceled by that department or agency for cause; or 
about whom the department or agency has been notified of a convic-
tion 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 receive such information from 
the Secretary.". 
(c) EVALUATION AND ASSESSMENT OF ALTERNATIVES.— 
(1) 
EVALUATION.—^The 
Secretary 
shall 
evaluate the 
implementation of chapter 303 of title 49, United States Code, 
and the programs under sections 31106 and 31309 of such 
title and identify alternatives to improve the ability of the 
States to exchange information about unsafe drivers and to 
identify drivers with multiple licenses. 
(2) TECHNOLOGY ASSESSMENT.—The Secretary, in conjunc-
tion with the American Association of Motor Vehicle Adminis-
trators, shall conduct an assessment of available electronic 
technologies to improve access to and exchange of motor vehicle 
driving records. The assessment may consider alternative 
unique motor vehicle driver identifiers that would facilitate 
accurate matching of drivers and their records. 
(3) REPORT TO CONGRESS.—^Not later than 2 years after 
the date of enactment of this Act, the Secretary shall transmit 
to Congress a report on the results of the evaluation and 
technology assessment, together with any recommendations for 
appropriate administrative and legislative actions. 
(4) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated to carry out paragraph (2) $250,000 
in the aggregate for fiscal years beginning after September 
30, 1998. 
23 use 403 note. 
SEC. 2007. SAFETY STUDIES. 
(a) BLOWOUT RESISTANT TIRES 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 accidents 
occurring as a result of blown out tires. 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 337 
(b) SCHOOL BUS OCCUPANT SAFETY STUDY.—^The Secretary shall 
conduct a study to assess occupant safety in school buses. The 
study shall examine available information about occupant safety 
and analyze options for improving occupant safety. 
(c) REPORTS.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall transmit to Congress a report 
on the results of each study conducted under this section. 
(d) LIMITATION ON FUNDING.—^The Secretary may not expend 
more than $200,000 from funds made available by section 403 
of title 23, United States Code, for conducting each study under 
this section. 
SEC. 2008. EFFECTIVENESS OF LAWS ESTABUSHING MAXIMUM BLOOD 23 USC 410 note. 
ALCOHOL CONCENTRATIONS. 
(a) STUDY.—^The Comptroller General shall condu'ct 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 operating 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 enactment 
of this Act, the Comptroller General shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report containing the results of the study conducted 
under this section. 
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—^The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 
402 of title 23, United States Code, $149,700,000 for fiscal 
year 1998, $150,000,000 for fiscal year 1999, $152,800,000 for 
fiscal year 2000, $155,000,000 for fiscal year 2001, $160,000,000 
for fiscal year 2002, and $165,000,000 for fiscal year 2003. 
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—^For 
carrying out section 403 of title 23, United States Code, 
$72,000,000 for each of fiscal years 1998 through 2003. 
(3) OCCUPANT PROTECTION INCENTIVE GRANTS.—For carry-
ing out section 405 of title 23, United States Code, $10,000,000 
for each of fiscal years 1999 and 2000, $13,000,000 for fiscal 
year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 
for fiscal year 2003. 
(4) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCEN- 
i 
TIVE GRANT PROGRAM.—For carrying out section 410 of title 
23, United States Code, $34,500,000 for fiscal year 1998, 
$35,000,000 for fiscal year 1999, $36,000,000 for each of fiscal 
years 2000 and 2001, $38,000,000 for fiscal year 2002, and 
$40,000,000 for fiscal year 2003. 
(5) STATE HIGHWAY SAFETY DATA GRANTS.—For carrying 
out section 411 of title 23, United States Code, $5,000,000 
for fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000 
for fiscal year 2001, and $ 10,000,000 for fiscal year 2002. 
112 STAT. 338 
PUBLIC LAW 105-178-^UNE 9, 1998 
Federal Transit 
Act of 1998. 
Grants. 
Inter-
governmental 
relations. 
Loans. 
49 use 5101 
note. 
(6) NATIONAL DRIVER REGISTER.—For carrying out chapter 
303 of title 49, United States Code, by the National Highway 
Traffic Safety Administration, $2,000,000 for each of fiscal years 
1998 through 2003. 
(b) ALLOCATIONS.— 
(1) DRUGS AND DRIVER BEHAVIOR.—Out of amounts appro-
priated pursuant to subsection (a)(2) for fiscal years 1998 
through 2003, the Secretary may use— 
(A) not to exceed $2,000,000 per fiscal year to carry 
out paragraphs (1) through (3) of section 403(b) of title 
23, United States Code; and 
(B) not to exceed $1,000,000 per fiscal year to carry 
out paragraph (4) of such section. 
(2) PUBLIC EDUCATION EFFORT.—Out of amounts appro-
priated pursuant to subsection (a)(2) for fiscal years 1998 
through 2003, the Secretary shall obligate at least $500,000 
per fiscal year to educate the motoring public on how to share 
the road safely with commercial motor vehicles. 
(c) APPLICABILITY OF TITLE 23.—^Amounts made available under 
subsection (a)(2) for each of fiscal years 1999 through 2003 shall 
be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code. 
(d) TRANSFERS.—In each fiscal year, the Secretary may transfer 
any amounts remaining available under paragraph (3), (4), or (5) 
of subsection (a) to the amounts made available under any other 
of such paragraphs in order to ensure, to the maximum extent 
possible, that each State receives the maximum incentive funding 
for which the State is eligible under sections 405, 410, and 411 
of title 23, United States Code. 
TITLE III—FEDERAL TRANSIT 
ADMINISTRATION PROGRAMS 
SEC. 3001. SHORT TITLE. 
This title may be cited as the "Federal Transit Act of 1998". 
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in this 
title an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision of law, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 3003. DEFINITIONS. 
Section 5302 is amended to read as follows: 
''§5302. Definitions 
"(a) IN GENERAL.—In this chapter, the following definitions 
apply: 
"(1) CAPITAL PROJECT.—^The term 'capital project' means 
a project for— 
"(A) acquiring, constructing, supervising, or inspecting 
equipment or a facility for use in mass transportation, 
expenses incidental to the acquisition or construction 
(including designing, engineering, location surveying, map-
ping, and acquiring rights-of-way), payments for the capital 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 339 
portions of rail trackage rights agreements, transit-related 
intelligent transportation systems, relocation assistance, 
acquiring replacement housing sites, and acquiring, con-
structing, relocating, and rehabilitating replacement hous-
ing; 
"(B) rehabilitating a bus; 
"(C) remanufacturing a bus; 
"(D) overhauling rail rolling stock; 
"(E) preventive maintenance; 
"(F) leasing equipment or a facility for use in mass 
transportation, subject to regulations that the Secretary 
prescribes limiting the leasing arrangements to those that 
are more cost-effective than purchase or construction; 
"(G) a mass transportation improvement that enhances 
economic development or incorporates private investment, 
including commercial and residential development, pedes-
trian and bicycle access to a mass transportation facility, 
and the renovation and improvement of historic transpor-
tation facilities, because the improvement enhances the 
effectiveness of a mass transportation project and is related 
physically or functionally to that mass transportation 
project, or establishes new or enhanced coordination 
between mass transportation and other transportation, and 
provides a fair share of revenue for mass transportation 
that will be used for mass transportation— 
"(i) including property acquisition, demolition of 
existing structures, site preparation, utilities, building 
foundations, walkways, open space, safety and security 
equipment and facilities (including lighting, surveil-
lance and related intelligent transportation system 
applications), facilities that incorporate community 
services such as daycare and health care, and a capital 
project for, and improving, equipment or a facility for 
an intermodal transfer facility or transportation mall, 
except that a person making an agreement to occupy 
space in a facility under this subparagraph shall pay 
a reasonable share of the costs of the facility through 
rental payments and other means; and 
"(ii) excluding construction of a commercial reve-
nue-producing facility or a part of a public facility 
not related to mass transportation; 
"(H) the introduction of new technology, through 
innovative and improved products, into mass transpor-
tation; or 
"(I) the 
provision of nonfixed route 
paratransit 
transportation services in accordance with section 223 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12143), but only for grant recipients that are in compliance 
with applicable requirements of that Act, including both 
fixed route and demand responsive service, and only for 
amounts not to exceed 10 percent of such recipient's annual 
formula apportionment under sections 5307 and 5311. 
"(2) CHIEF EXECUTIVE OFFICER OF A STATE.—The term 'chief 
executive officer of a State' includes the designee of the chief 
executive officer. 
"(3) EMERGENCY REGULATION.—^The term 'emergency regu-
lation' means a regulation— 
112 STAT. 340 
PUBLIC LAW 105-178—JUNE 9, 1998 
**(A) that is effective temporarily before the expiration 
of the otherwise specified periods of time for public notice 
and comment under section 5334(b); and 
"(B) prescribed by the Secretary as the result of a 
finding that a delay in the effective date of the regulation— 
"(i) would injure seriously an important public 
interest; 
"(ii) would frustrate substantially legislative policy 
and intent; or 
"(iii) would damage seriously a person or class 
without serving an important public interest. 
"(4) FIXED GUIDEWAY.—The term 'fixed guideway' means 
a mass transportation facility—' 
"(A) using and occupying a separate right-of-way or 
rail for the exclusive use of mass transportation and other 
high occupancy vehicles; or 
"(B) using a fixed catenary system and a right-of-way 
usable by other forms of transportation. 
"(5) HANDICAPPED INDIVIDUAL.—^The term 'handicapped 
individual' means an individual who, because of illness, injury, 
age, congenital malfunction, or other incapacity or temporary 
or permanent disability (including an individual who is a wheel-
chair user or has semiambulatory capability), cannot use effec-
tively, without special facilities, planning, or design, mass 
transportation service or a mass transportation facility. 
"(6) LOCAL GOVERNMENTAL AUTHORITY.—The term 'local 
governmental authority' includes— 
"(A) a political subdivision of a State; 
"(B) an authority of at least 1 State or political subdivi-
sion of a State; 
"(C) an Indian tribe; and 
"(D) a public corporation, board, or commission estab-
lished under the laws of a State. 
"(7) MASS TRANSPORTATION.—The term 'mass transpor-
tation' means transportation by a conveyance that provides 
regular and continuing general or special transportation to 
the public, but does not include school bus, charter, or sightsee-
ing transportation. 
"(8) NET PROJECT COST.—^The term 'net project cost' means 
the part of a project that reasonably cannot be financed from 
revenues. 
"(9) NEW BUS MODEL.—^The term 'new bus model' means 
a bus model (including a model using alternative fuel)— 
"(A) that has not been used in mass transportation 
in the United States before the date of production of the 
model; or 
"(B) used in mass transportation in the United States, 
but being produced with a major change in configuration 
or components. 
"(10) PUBLIC TRANSPORTATION.—^The term 'public transpor-
tation' means mass transportation. 
"(11) REGULATION.—The term 'regulation' means any part 
of a statement of general or particular applicability of the 
Secretary designed to carry out, interpret, or prescribe law 
or policy in carrying out this chapter. 
"(12) SECRETARY.—^The term 'Secretary* means the Sec-
retary of Transportation. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 341 
"(13) STATE.—^The term 'State' means a State of the United 
States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, Guam, American Samoa, and the Virgin 
Islands. 
"(14) TRANSIT.—^The term 'transit' means mass transpor-
tation. 
"(15) TRANSIT ENHANCEMENT.—^The term 'transit enhance-
ment' means, with respect to any project or an area to be 
served by a project, projects that are designed to enhance 
mass transportation service or use and that are physically 
or functionally related to transit facilities. Eligible projects 
are— 
"(A) historic preservation, rehabilitation, and operation 
of historic mass transportation buildings, structures, and 
facilities (including historic bus and railroad facilities); 
"(B) bus shelters; 
"(C) landscaping and other scenic 
beautification, 
including tables, benches, trash receptacles, and street 
lights; 
"(D) public art; 
"(E) pedestrian access and walkways; 
"(F) bicycle access, including bicycle storage facilities 
and installing equipment for transporting bicycles on mass 
transportation vehicles; 
"(G) transit connections to parks within the recipient's 
transit service area; 
"(H) signage; and 
"(I) enhanced access for persons with disabilities to 
mass transportation. 
"(16) URBAN AREA.—^The term 'urban area' means an area 
that includes a municipality or other built-up place that the 
Secretary, after considering local patterns and trends of urban 
growth, decides is appropriate for a local mass transportation 
system to serve individuals in the locality. 
"(17) URBANIZED AREA.—^The term 'urbanized area' means 
an area— 
"(A) encompassing at least an urbanized area within 
a State that the Secretary of Commerce designates; and 
"(B) designated as an urbanized area within boundaries 
fixed by State and local officials and approved by the Sec-
retary. 
"(b) AUTHORITY TO MODIFY 'HANDICAPPED INDIVIDUAL'.—^The 
Secretary may by regulation modify the definition of the term 
'handicapped individual' in subsection (a)(5) as it applies to section 
5307(d)(1)(D).". 
SEC. 3004. METROPOLITAN PLANNING. 
(a) GENERAL REQUIREMENTS; SCOPE OF PLANNING PROCESS.— 
Section 5303 is amended by striking subsections (a) and (b) and 
inserting the following: 
"(a) GENERAL REQUIREMENTS.— 
"(1) DEVELOPMENT OF PLANS AND PROGRAMS.—TO carry out 
section 5301(a), metropolitan planning organizations designated 
under subsection (c), in cooperation with the States and mass 
transportation operators, shall develop transportation plans and 
programs for urbanized areas of the State. 
112 STAT. 342 
PUBLIC LAW 105-178—JUNE 9, 1998 
*'(2) CONTENTS.—^The plans and programs developed under 
paragraph (1) for each metropolitan area shall provide for the 
development and integrated management and operation of 
transportation systems and facilities (including pedestrian 
walkways and bicycle transportation facilities) that will func-
tion as an intermodal transportation system for the metropoli-
tan area and as an integral part of an intermodal transportation 
system for the State and the United States. 
"(3) PROCESS.—^The process for developing the plans and 
programs shall provide for consideration of all modes of 
transportation and shall be continuing, cooperative, and com-
prehensive to the degree appropriate, based on the complexity 
of the transportation problems to be addressed. 
"(b) SCOPE OF PLANNING PROCESS.— 
"(1) IN GENERAL.—^The metropolitan transportation plan-
ning process for a metropolitan area under this section shall 
provide for consideration of projects and strategies that will— 
"(A) support the economic vitality of the metropolitan 
area, 
especially 
by enabling 
global 
competitiveness, 
productivity, and efficiency; 
"(B) increase the safety and security of the transpor-
tation system for motorized and nonmotorized users; 
"(C) increase the accessibility and mobility options 
available to people and for freight; 
"(D) protect and enhance the environment, promote 
energy conservation, and improve quality of life; 
"(E) enhance the integration and connectivity of the 
transportation system, across and between modes, for peo-
ple and freight; 
"(F) promote efficient system management and oper-
ation; and 
"(G) emphasize the preservation of the existing 
transportation system. 
"(2) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraph (1) shall not be review-
able by any court under this title, subchapter II of chapter 
5 of title 5, or chapter 7 of title 5 in any matter affecting 
a transportation plan, a transportation improvement plan, a 
project or strategy, or the certification of a planning process.". 
(b) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.— 
Section 5303(c) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking "representing" and inserting "that 
together represent"; and 
(B) by striking "as defined by the Secretary of Com-
merce)" and inserting "or cities, as defined by the Bureau 
of the Census)"; 
(2) in paragraph (2)— 
(A) by striking "In a metropolitan area" and all that 
follows through "shall include" and inserting "Each policy 
board of a metropolitan planning organization that serves 
an area designated as a transportation management area 
when designated or redesignated under this subsection 
shall consist of; and 
(B) by striking "officials of authorities" and inserting 
"officials of public agencies"; 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 343 
(3) in paragraph (3) by striking "in an urbanized area" 
and all that follows through "of the urbanized area" and insert-
ing "within an existing metropolitan planning area only if the 
chief executive officer of the State and the existing metropolitan 
organization determine that the size and complexity of the 
existing metropolitan planning area"; and 
(4) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) by striking "representing" and inserting "that 
together represent"; and 
(ii) by striking "as defined by the Secretary of 
Commerce)" and inserting "or cities, as defined by the 
Bureau of the Census)"; 
(B) in subparagraph (B) by striking "as defined by 
the Secretary of Commerce)" and inserting "or cities, as 
defined by the Bureau of the Census)"; and 
(C) by adding at the end the following: 
"(D) Designations of metropolitan planning organizations, 
whether made under this section or under any other provision 
of law, shall remain in effect until redesignation under this para-
graph.". 
(c) 
METROPOLITAN AREA BOUNDARIES.—Section 5303(d) 
is 
amended— 
(1) in the subsection heading by inserting "PLANNING" 
before "AREA"; 
(2) in the first sentence— 
(A) by striking "To carry out" and inserting the 
following: 
ti 
"(1) IN GENERAL.—TO carry out"; and 
(B) by inserting "planning" before "area"; 
(3) by striking the second sentence and all that follows 
and inserting the following: 
"(2) INCLUDED AREA.—^Each metropolitan planning area— 
"(A) shall encompass at least the existing urbanized 
area and the contiguous area expected to become urbanized 
within a 20-year forecast period; and 
"(B) may encompass the entire metropolitan statistical 
area or consolidated metropolitan statistical area, as 
defined by the Bureau of the Census. 
"(3) 
EXISTING METROPOLITAN PLANNING AREAS IN NON-
ATTAINMENT.—^Notwithstanding paragraph (2), in the case of 
an urbanized area designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), the boundaries of the metropolitan planning 
area in existence as of the date of enactment of this paragraph 
shall be retained, except that the boundaries may be adjusted 
by agreement of the chief executive officer of the State and 
any affected metropolitan planning organizations, in the man-
ner described in subsection (c)(5). 
"(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the 
date of enactment of this paragraph as a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act, the 
boundaries of the metropolitan planning area— 
«- 
"(A) shall be established in the manner described in 
subsection (c)(1); 
112 STAT. 344 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(B) shall encompass the areas described in paragraph 
(2)(A); 
"(C) may encompass the areas described in paragraph 
(2)(B); and 
"(D) may address any nonattainment area identified 
under the Clean Air Act for ozone or carbon monoxide."; 
and 
(4) by aligning paragraph (1) (as designated by paragraph 
(2)(A) of this subsection) with paragraphs (2) through (4) (as 
inserted by paragraph (3) of this subsection). 
(d) COORDINATION.—Section 5303(e) is amended— 
(1) in paragraph (2)— 
(A) by inserting "or compact" after "agreement" the 
first place it appears"; and 
(B) by striking "making the agreement effective" and 
inserting "making the agreements and compacts effective"; 
and 
(2) by adding at the end the following: 
"(4) The Secretary shall encourage each metropolitan planning 
organization to coordinate, to the maximum extent practicable, 
the design and delivery of transportation services within the metro-
politan planning area that are provided— 
"(A) by recipients of assistance under this chapter; and 
"(B) by governmental agencies and non-profit organizations 
(including representatives of the agencies and organizations) 
that receive Governmental assistance from a source other than 
the Department of Transportation to provide non-emergency 
transportation services.". 
(e) DEVELOPING LONG-RANGE TRANSPORTATION PLANS.—Section 
5303(f) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A) by striking "United States 
and 
regional transportation 
functions" and inserting 
"national, regional, and metropolitan transportation func-
tions"; 
(B) in subparagraph (B) by striking clause (iii) and 
inserting the following: 
"(iii) recommends any additional financing strategies 
for needed projects and programs;"; and 
(C) by striking subparagraph (C) and inserting the 
following: 
"(C) identify transportation strategies necessary— 
"(i) to ensure preservation, including requirements for 
management, operation, modernization, and rehabilitation, 
of the existing and future transportation system; and 
"(ii) to use existing transportation facilities most effi-
ciently to relieve congestion, to efficiently serve the mobility 
needs of people and goods, and to enhance access within 
the metropolitan planning area; and"; 
(2) in paragraph (2) by striking "as they are related to 
a 20-year forecast period" and inserting "and any State or 
local goals developed within the cooperative metropolitan plan-
ning process as they relate to a 20-year forecast period and 
to other forecast periods as determined by the participants 
in the planning process"; 
(3) in paragraph (4)--
• *^^^SK'*"'"?' 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 345 
(A) by inserting after "employees," the following: 
"freight shippers, providers of freight transportation serv-
ices,"; and 
(B) by inserting after "private providers of transpor-
tation," the following: "representatives of users of public 
transit,"; 
(4) in paragraph (5)(A) by inserting "published or other-
wise" before "made readily available"; 
(5) in the subsection heading by striking "LONG-RANGE 
PLANS" and inserting "LONG-RANGE TRANSPORTATION PLANS"; 
and 
(6) by striking "long-range plans" each place it appears 
and inserting "long-range transportation plans". 
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM. 
(a) DEVELOPMENT AND UPDATE.—^The second sentence of section 
5304(a) is amended— 
(1) by striking "the organization" and inserting "the metro-
politan planning organization, in cooperation with the chief 
executive officer of the State and any affected mass transpor-
tation operator,"; 
(2) by inserting after "employees," the following: "other 
affected employee representatives, freight shippers, providers 
of freight transportation services,"; and 
(3) by inserting after "private providers of transportation," 
the following: "representatives of users of public transit,". 
(b) CONTENTS.—Section 5304(b)(2) is amended by striking 
subparagraph (C) and inserting the following: 
"(C) identifies innovative financing techniques to 
finance projects, programs, and strategies, which may 
include, for illustrative purposes, additional projects that 
would be included in the approved transportation improve-
ment program if reasonable additional resources beyond 
those identified in the financial plan were avEiilable.". 
(c) PROJECT SELECTION.—Section 5304(c) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) Except as otherwise provided in section 5305(d)(1) and 
in addition to the transportation improvement program develop-
ment required under subsection (b), the selection of federally 
funded projects for implementation in metropolitan areas shall 
be carried out, from the approved transportation improvement 
program— 
"(A)by— 
"(i) in the case of projects under title 23, the State; 
and 
"(ii) in the case of projects under this chapter, the 
designated transit funding recipients; and 
"(B) in cooperation 
with the metropolitan 
planning 
organization."; and 
(2) by adding at the end the following: 
"(3) Notwithstanding any other provision of law, action by 
the Secretary shall not be required to advance a project included 
in the approved transportation improvement program in place of 
another project in the program. 
"(4) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Not-
withstanding subsection (b)(2)(C), a State or metropolitan planning 
organization shall not be required to select any project from the 
112 STAT. 346 
PUBLIC LAW 105-178—JUNE 9, 1998 
illustrative list of additional projects included in the financial plan 
under subsection (b)(2)(C). 
"(5) PUBLICATION.—(A) A transportation improvement program 
involving Grovemment participation shall be published or otherwise 
made readily available by the metropolitan planning organization 
for public review. 
"(B) An annual listing of projects for which Government funds 
have been obligated in the preceding year shall be published or 
otherwise made available by the metropolitan planning organization 
for public review. The listing shall be consistent with the categories 
identified in the transportation improvement program. 
"(6) Regionally significant projects proposed for funding under 
chapter 2 of title 23 shall be identified individually in the transpor-
tation improvement program. All other projects funded under chap-
ter 2 of title 23 shall be grouped in 1 line item or identified 
individually in the transportation improvement program.". 
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS. 
(a) DESIGNATION.—Section 5305(a) is amended by striking para-
graph (2) and inserting the following: 
"(2) any other area, if requested by the chief executive 
officer and the metropolitan planning organization designated 
for the area.". 
(b) TRANSPORTATION PLANS AND PROGRAMS.—Section 5305(b) 
is amended by inserting "affected" before "mass transportation 
operJators". 
(c) CONGESTION MANAGEMENT SYSTEM.—Section 5305(c) is 
amended by striking "The Secretary" and all that follows through 
the final period. 
(d) PROJECT SELECTION.—Section 5305(d)(1)(A) is amended by 
inserting "and any afiected mass transportation operator" after 
"the State". 
(e) CERTIFICATION.—Section 5305(e) is amended— 
(1) by striking paragraph (2) and inserting the following: 
"(2)(A) If a metropolitan planning process is not certified, the 
Secretary may withhold not more than 20 percent of the apportioned 
funds attributable to the transportation management area under 
this chapter and title 23. 
"(B) Any apportionments withheld under subparagraph (A) 
shall be restored to the metropolitan area at such time as the 
metropolitan planning organization is certified by the Secretary."; 
and 
(2) by adding at the end the following: 
"(4) In making certification determinations under this sub-
section, the Secretary shall provide for public involvement appro-
priate to the metropolitan area under review.". 
(f) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 
5305 is amended by adding at the end the following: 
"(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since 
plans and programs described in this section are subject to a reason-
able opportunity for public comment, since individual projects 
included in the plans and programs are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning plans 
and programs described in this section have not been reviewed 
under such Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or program described in this section shall not 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 347 
be considered to be a Federal action subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).". 
SEC. 3007. URBANIZED AREA FORMULA GRANTS. 
(a) SECTION HEADING.— 
(1) AMENDMENT TO SECTION 5307.—Section 5307 is amended 
by striking the section heading and inserting the following: 
'*§ 5307. Urbanized area formula grants**. 
(2) CONFORMING AMENDMENT.—^The item relating to section 
5307 in the table of sections for chapter 53 is amended to 
read as follows: 
"5307. Urbanized area formula grants.". 
(b) DEFINITIONS.—Section 5307(a) is amended— 
(1) by striking "In this section—" and inserting "In this 
section, the following definitions apply:"; 
(2) by 
inserting 
"ASSOCIATED 
CAPITAL 
MAINTENANCE 
ITEMS.—The term" after "(1)"; and 
(3) by inserting "DESIGNATED RECIPIENT.—^The term" after 
"(2)". 
(c) GENERAL AUTHORITY.—Section 5307(b) is amended— 
(1) in paragraph (1)— 
(A) by striking ", improvement, and operating costs" 
and inserting "and improvement costs"; and 
(B) by adding at the end the following: "The Secretary 
may also make grants under this section to finance the 
operating cost of equipment and facilities for use in mass 
transportation in an urbanized area with a population of 
less than 200,000."; 
(2) in paragraph (2)(A)— 
(A) by inserting ", in writing," after "approved"; and 
(B) by striking "and" at the end; 
(3) in paragraph (2)(B) by striking the period at the end 
and inserting "; and"; 
(4) in paragraph (2) by adding at the end the following: 
"(C) the metropolitan planning organization in approv-
ing the use under subparagraph (A) determines that the 
local transit needs are being addressed."; 
(5) by striking paragraphs (3) and (5); and 
(6) by redesignating paragraph (4) as paragraph (3). 
(d) ADVANCE CONSTRUCTION.—Section 5307(g)(3) is amended 
by striking "the amount by which" and all that follows through 
the period at the end and inserting "the most favorable financing 
terms reasonably available for the project at the time of borrowing. 
The applicant shall certify, in a manner satisfactory to the Sec- Certification, 
retary, that the applicant has shown reasonable diligence in seeking 
the most favorable financing terms.". 
(e) COORDINATION OF REVIEWS.—Section 5307(i)(2) is amended 
by adding at the end the following: "To the extent practicable, 
the Secretary shall coordinate such reviews with any related State 
or local reviews.". 
(f) TRANSIT ENHANCEMENT ACTIVITIES.—Section 5307(k) is 
amended to read as follows: 
"(k) TRANSIT ENHANCEMENT ACTIVITIES.— 
"(1) IN GENERAL.—One percent of the funds apportioned 
to urbanized areas with a population of at least 200,000 under 
112 STAT. 348 
PUBLIC LAW 105-178^JUNE 9, 1998 
section 5336 for a fiscal year shall be made available for transit 
enhancement activities in accordance with section 5302(a)(15). 
"(2) PERIOD OF AVAILABILITY.—Funds apportioned under 
paragraph (1) shall be available for obligation for 3 years follow-
ing the fiscal year in which the funds are apportioned. Funds 
that are not obligated at the end of such period shall be reappor-
tioned under the urbanized area formula program of section 
5336. 
"(3) REPORT.—^A recipient of funds apportioned under para-
graph (1) shall submit, as part of the recipient's annual certifi-
cation to the Secretary, a report listing the projects carried 
out during the fiscal year with those funds.", 
(g) CONFORMING AMENDMENTS.—Section 5307(n)(2) is amended 
by inserting "5319," after "5318,". 
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM. 
(a) IN GENERAL.—Section 5308 is amended to read as follows: 
^§ 5308. Clean fuels formula grant program 
"(a) DEFINITIONS.—In this section— 
"(1) the term 'clean fuel vehicle' means a vehicle that— 
"(A) is powered by— 
"(i) compressed natural gas; 
"(ii) liquefied natural gas; 
"(iii) biodiesel fuels; 
"(iv) batteries; 
"(v) alcohol-based fuels; 
"(vi) hybrid electric; 
"(vii) fuel cell; 
"(viii) clean diesel, to the extent allowed under 
this section; or 
"(ix) other low or zero emissions technology; and 
"(B) the Administrator of the Environmental Protection 
Agency has certified sufficiently reduces harmful emissions; 
"(2) the term 'designated recipient' has the same meaning 
as in section 5307(a)(2); and 
"(3) the term 'eligible project'— 
"(A) means a project for— 
"(i) purchasing or leasing clean fuel buses, includ-
ing buses that employ a lightweight composite primary 
structure; 
"(ii) constructing or leasing clean fuel buses or 
electrical recharging facilities and related equipment; 
"(iii) improving existing mass transportation facili-
ties to accommodate clean fiiel buses; 
"(iv) repowering pre-1993 engines with clean fuel 
technology that meets the current urban bus emission 
standards; or 
"(v) retrofitting or rebuilding pre-1993 engines if 
before half life to rebuild; and 
"(B) in the discretion of the Secretary, may include 
projects relating to clean fuel, biodiesel, hybrid electric, 
or zero emissions technology vehicles that exhibit equiva-
lent or superior emissions reductions to existing clean fuel 
or hybrid electric technologies. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 349 
"(b) AUTHORITY.—^The Secretary shall make grants in accord-
ance with this section to designated recipients to finance eligible 
projects. 
"(c) APPLICATION.— 
"(1) IN GENERAL.—^Not later than January 1 of each year, 
any designated recipient seeking to apply for a grant under 
this section for an eligible project shall submit an application 
to the Secretary, in such form and in accordance with such 
requirements as the Secretary shall establish by regulation. 
"(2) CERTIFICATION REQUIRED.—^An application submitted 
under paragraph (1) shall contain a certification by the 
applicant that the grantee will operate vehicles purchased with 
a grant under this section only with clean fuels. 
"(d) APPORTIONMENT OF FUNDS.— 
"(1) FORMULA.—^Not later than February 1 of each year, 
the Secretary shall apportion amounts made available to carry 
out this section to designated recipients submitting applications 
under subsection (c), of which— 
"(A) two-thirds shall be apportioned to designated 
recipients with eligible projects in urban areas with a popu-
lation of at least 1,000,000, of which— 
"(i) 50 percent shall be apportioned, such that each 
such designated recipient receives a grant in an 
amount equal to the ratio between— 
"(I) the number of vehicles in the bus fleet 
of the eligible project of the designated recipient, 
weighted by severity of nonattainment for the area 
in which the eligible project is located, as provided 
in paragraph (2); and 
"(II) the total number of vehicles in the bus 
fleets of all eligible projects in areas with a popu-
lation of at least 1,000,000 funded under this sec-
tion, weighted by severity of nonattainment for 
all areas in which those eligible projects are 
located, as provided in paragraph (2); and 
"(ii) 50 percent shall be apportioned, such that 
each such designated recipient receives a grant in an 
' 
amount equal to the ratio between— 
"(I) the number of bus passenger miles (as 
that term is defined in section 5336(c)) of the 
eligible 
project 
of 
the 
designated 
recipient, 
weighted by severity of nonattainment of the area 
* 
in which the eligible project is located, as provided 
in paragraph (2); and 
"(II) the total number of bus passenger miles 
of all eligible projects in areas with a population 
of at least 1,000,000 funded under this section, 
weighted by severity of nonattainment of all areas 
in which those eligible projects are located, as 
provided in paragraph (2); and 
"(B) one-third shall be apportioned to designated recipi-
ents with eligible projects in urban areas with a population 
of less than 1,000,000, of which— 
"(i) 50 percent shall be apportioned, such that each 
such designated recipient receives a grant in an 
amount equal to the ratio between— 
112 STAT. 350 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(I) the number of vehicles in the bus fleet 
of the eHgible project of the designated recipient, 
weighted by severity of nonattainment for the area 
in which the eHgible project is located, as provided 
in paragraph (2); and 
"(II) the total number of vehicles in the bus 
fleets of all eligible projects in areas with a popu-
lation of less than 1,000,000 funded under this 
section, weighted by severity of nonattainment for 
all areas in which those eligible projects are 
located, as provided in paragraph (2); and 
"(ii) 50 percent shall be apportioned, such that 
each such designated recipient receives a grant in an 
amount equal to the ratio between— 
"(I) the number of bus passenger miles (as 
that term is deflned in section 5336(c)) of the 
eligible 
project 
of 
the 
designated 
recipient, 
weighted by severity of nonattainment of the area 
in which the eligible project is located, as provided 
in paragraph (2); and 
"(II) the total number of bus passenger miles 
of all eligible projects in areas with a population 
of less than 1,000,000 funded under this section, 
weighted by severity of nonattainment of all areas 
in which those eligible projects are located, as 
provided in paragraph (2). 
"(2) WEIGHTING OF SEVERITY OF NONATTAINMENT.— 
"(A) IN GENERAL.—^For purposes of paragraph (1), sub-
ject to subparagraph (B) of this paragraph, the number 
of clean fuel vehicles in the fleet, or the number of pas-
senger miles, shall be multiplied by a factor of— 
"(i) 1.0 if, at the time of the apportionment, the 
area is a maintenance area (as that term is defined 
in section 101 of title 23) for ozone or carbon monoxide; 
"(ii) 1.1 if, at the time of the apportionment, the 
area is classifled as— 
"(I) a marginal ozone nonattainment area 
under subpart 2 of part D of title I of the Clean 
Air Act (42 U.S.C. 7511 et seq.); or 
"(II) a marginal carbon monoxide nonattain-
ment area under subpart 3 of part D of title I 
of the Clean Air Act (42 U.S.C. 7512 et seq.); 
"(iii) 1.2 if, at the time of the apportionment, the 
area is classifled as— 
"(I) a moderate ozone nonattainment area 
under subpart 2 of part D of title I of the Clean 
Air Act (42 U.S.C. 7511 et seq.); or 
"(II) a moderate carbon monoxide nonattain-
ment area under subpart 3 of part D of title I 
of the Clean Air Act (42 U.S.C. 7512 et seq.); 
"(iv) 1.3 if, at the time of the apportionment, the 
area is classifled as— 
"(I) a serious ozone nonattainment area under 
subpart 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); or 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 351 
"(II) a serious carbon monoxide nonattainment 
area under subpart 3 of part D of title I of the 
Clean Air Act (42 U.S.C. 7512 et seq.); 
"(v) 1.4 if, at the time of the apportionment, the 
area is classified as— 
"(I) a severe ozone nonattainment area under 
subpart 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); or 
"(II) a severe carbon monoxide nonattainment 
area under subpart 3 of part D of title I of the 
Clean Air Act (42 U.S.C. 7512 et seq.); or 
"(vi) 1.5 if, at the time of the apportionment, the 
area is classified as— 
"(I) an extreme ozone nonattainment area 
under subpart 2 of part D of title I of the Clean 
Air Act (42 U.S.C. 7511 et seq.); or 
"(II) an extreme carbon monoxide nonattain-
ment area under subpart 3 of part D of title I 
of the Clean Air Act (42 U.S.C. 7512 et seq.). 
"(B) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE 
AREAS.—^If, in addition to being classified as a nonattain-
ment or maintenance area (as that term is defined in 
section 101 of title 23) for ozone under subpart 2 of part 
D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.), 
the area was also classified under subpart 3 of part D 
of title I of that Act (42 U.S.C. 7512 et seq.) as a nonattain-
ment area for carbon monoxide, the weighted nonattain-
ment or maintenance area fleet and passenger miles for 
the eligible project, as calculated under subparagraph (A), 
shall be further multiplied by a factor of 1.2. 
"(3) MAXIMUM GRANT AMOUNT.— 
"(A) IN GENERAL.—^The amount of a grant made to 
a designated recipient under this section shall not exceed 
the lesser of— 
"(i) for an eligible project in an area— 
"(I) with a population of less than 1,000,000, 
$15,000,000; and 
"(II) with a population of at least 1,000,000, 
$25,000,000; or 
"(ii) 80 percent of the total cost of the eligible 
project. 
"(B) REAPPORTIONMENT.—Any amounts that would 
otherwise be apportioned to a designated recipient under 
this subsection that exceed the amount described in 
subparagraph (A) shall be reapportioned among other des-
ignated recipients in accordance with paragraph (1). 
"(e) ADDITIONAL REQUIREMENTS.— 
"(1) LIMITATION ON USES.—^Not less than 5 percent of the 
amount made available by or appropriated under section 5338 
in each fiscal year to carry out this section shall be available 
for any eligible projects for which an application is received 
from a designated recipient, for— 
"(A) the purchase or construction of hybrid electric 
or battery-powered buses; or 
"(B) facilities specifically designed to service those 
buses. 
112 ST]\fr. 352 
PUBLIC LAW 105-178-^UNE 9, 1998 
"(2) CLEAN DIESEL BUSES.—Not more than $50,000,000 of 
the amount made available by or appropriated under section 
5338 in each fiscal year to carry out this section may be 
made available to fund clean diesel buses. 
"(3) B u s RETROFITTING AND REPLACEMENT.—^Not m o r e t h a n 
5 percent of the amount made available by or appropriated 
under section 5338 in each fiscal year to carry out this section 
may be made available to fund retrofitting or replacement 
of the engines of buses that do not meet the clean air standards 
of the Environmental Protection Agency, as in effect on the 
date on which the application for such retrofitting or replace-
ment is submitted under subsection (c)(1). 
"(f) AVAILABILITY OF FUNDS.—Any amount made available or 
appropriated under this section— 
"(1) shall remain available to a project for 1 year after 
the fiscal year for which the amount is made available or 
appropriated; and 
"(2) that remains unobligated at the end of the period 
described in paragraph (1), shall be added to the amount made 
available in the following fiscal year.". 
(b) CLERICAL AMENDMENT.—^The analysis for chapter 53 is 
amended by striking the item relating to section 5308 and inserting 
the following: 
"5308. Clean fuels formula grant program.". 
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS. 
(a) SECTION HEADING.—Section 5309 is amended in the section 
heading by striking "Discretionary" and inserting 
"Capital 
investment". 
(b) CONFORMING AMENDMENT.—^The item relating to section 
5309 in the table of sections for chapter 53 is amended by striking 
"Discretionary" and inserting "Capital investment". 
(c) GENERAL AUTHORITY.—Section 5309(a)(1) is amended— 
(1) by redesignating subparagraphs (F) and (G) as subpara-
graphs (G) and (H), respectively; and 
(2) by striking subparagraph (E) and inserting the follow-
ing: 
"(E) capital projects to modernize existing fixed guideway 
systems; 
"(F) capital projects to replace, rehabilitate, and purchase 
buses and related equipment and to construct bus-related facili-
ties;". 
(d) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPOR-
TATION.—Section 5309(c) is amended to read as follows: 
"(c) [Reserved.]". 
(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY 
SYSTEMS.—Section 5309(e) is amended to read as follows: 
"(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY 
SYSTEMS.— 
"(1) IN GENERAL.—^The Secretary may approve a grant or 
loan under this section for a capital project for a new fixed 
guideway system or extension of an existing fixed guideway 
system only if the Secretary determines that the proposed 
project is— 
"(A) based on the results of an alternatives analysis 
and preliminary engineering; 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 353 
"(B) justified based on a comprehensive review of its 
mobility 
improvements, 
environmental 
benefits, 
cost 
effectiveness, and operating efficiencies; and 
"(C) supported by an acceptable degree of local financial 
commitment, including evidence of stable and dependable 
financing sources to construct, maintain, and operate the 
system or extension. 
"(2) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEER-
ING.—In evaluating a project under paragraph (1)(A), the Sec-
retary shall analyze and consider the results of the alternatives 
analysis and preliminary engineering for the project. 
"(3) PROJECT JUSTIFICATION.—In evaluating a project under 
paragraph (1)(B), the Secretary shall— 
"(A) consider the direct and indirect costs of relevant 
alternatives; 
"(B) consider factors such as congestion relief, improved 
mobility, air pollution, noise pollution, energy consumption, 
and all associated ancillary and mitigation costs necessary 
to carry out each alternative analyzed, and recognize reduc-
tions in local infrastructure costs achieved through compact 
land use development; 
"(C) identify and consider mass transportation support-
ive existing land use policies and future patterns, and 
the cost of urban sprawl; 
"(D) consider the degree to which the project increases 
the mobility of the mass transportation dependent popu-
lation or promotes economic development; 
"(E) consider population density and current transit 
ridership in the corridor; 
"(F) consider the technical capability of the grant 
recipient to construct the project; 
"(G) adjust the project justification to reflect differences 
in local land, construction, and operating costs; and 
"(H) consider other factors that the Secretary deter-
mines appropriate to carry out this chapter. 
"(4) LOCAL FINANCIAL COMMITMENT.— 
"(A) EVALUATION OF PROJECT.—^In evaluating a project 
under paragraph (1)(C), the Secretary shall require that— 
"(i) the proposed project plan provides for the avail-
ability of contingency amounts that the Secretary 
determines to be reasonable to cover unanticipated 
cost increases; 
"(ii) each proposed local source of capital and 
operating financing is stable, reliable, and available 
within the proposed project timetable; and 
"(iii) local resources are available to operate the 
overall proposed mass transportation system (including 
essential feeder bus and other services necessary to 
achieve the projected ridership levels) without requir-
ing a reduction in existing mass transportation services 
to operate the proposed project. 
"(B) CONSIDERATIONS.—In assessing the stability, reli-
ability, and availability of proposed sources of local financ-
ing under subparagraph (A), the Secretary shall consider— 
"(i) existing grant commitments; 
"(ii) the degree to which financing sources are dedi-
cated to the purposes proposed; 
112 STAT. 354 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
"(iii) any debt obligation that exists or is proposed 
by the recipient for the proposed project or other mass 
transportation purpose; and 
"(iv) the extent to which the project has a local 
financial commitment that exceeds the required non-
Federal share of the cost of the project. 
"(5) REGULATIONS.—^Not later than 120 days after the date 
of enactment of the Federal Transit Act of 1998, the Secretary 
shall issue regulations on the manner in which the Secretary 
will evaluate and rate the projects based on the results of 
alternatives analysis, project justification, and the degree of 
local financial commitment, as required under this subsection. 
"(6) PROJECT EVALUATION AND RATING.—A proposed project 
may 
advance 
from 
alternatives 
analysis to preliminary 
engineering, and may advance from preliminary engineering 
to final design and construction, only if the Secretary finds 
that the project meets the requirements of this section and 
there is a reasonable likelihood that the project will continue 
to meet such requirements. In making such findings, the Sec-
retary shall evaluate and rate the project as 'highly rec-
ommended', 'recommended', or not 'recommended', based on 
the results of alternatives analysis, the project justification 
criteria, and the degree of local financial commitment, as 
required under this subsection. In rating the projects, the Sec-
retary shall provide, in addition to the overall project rating, 
individual ratings for each criteria established under the regula-
tions issued under paragraph (5). 
"(7) FULL FUNDING GRANT AGREEMENT.—^A project financed 
under this subsection shall be carried out through a full funding 
grant agreement. The Secretary shall enter into a full fiinding 
grant agreement based on the evaluations and ratings required 
under this subsection. The Secretary shall not enter into a 
fiiU funding grant agreement for a project unless that project 
is authorized for final design and construction. 
"(8) LIMITATIONS ON APPLICABILITY.— 
"(A) PROJECTS WITH A SECTION 5309 FEDERAL SHARE 
OF LESS THAN $25,000,000.—A project for a new fixed guide-
way system or extension of an existing fixed guideway 
system is not subject to the requirements of this subsection, 
and the simultaneous evaluation of similar projects in at 
least 2 corridors in a metropolitan area may not be limited, 
if the assistance provided under this section with respect 
to the project is less than $25,000,000. 
"(B) 
PROJECTS 
IN 
NONATTAINMENT 
AREAS.—^The 
simultaneous evaluation of projects in at least 2 corridors 
in a metropolitan area may not be limited and the Secretary 
shall make decisions under this subsection with expedited 
procedures that will promote carrying out an approved 
State Implementation Plan in a timely way if a project 
is— 
"(i) located in a nonattainment area; 
"(ii) a transportation control measure (as defined 
by the Clean Air Act (42 U.S.C. 7401 et seq.)); and 
"(iii) required to carry out the State Implementa-
tion Plan. 
"(C) PROJECTS FINANCED WITH HIGHWAY FUNDS.—^This 
subsection does not apply to a part of a project financed 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 355 
completely with amounts made available from the Highway 
Trust Fund (other than the Mass Transit Account). 
"(D) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL 
FUNDING GRANT AGREEMENT.—^This subsection does not 
apply to projects for which the Secretary has issued a 
letter of intent or entered into a full funding grant agree-
ment before the date of enactment of the Federal Transit 
Act of 1998.". 
(f) LETTERS OF INTENT AND FULL FUNDING GRANT AGREE-
MENTS.—Section 5309(g) is amended— 
(1) in the subsection heading by striking "FINANCING" and 
inserting "FUNDING"; 
(2) by striking "full financing" each place it appears and 
inserting "full funding"; 
(3) in paragraph (1)(B)— 
(A) by striking "30 days" and inserting "60 days"; 
(B) by inserting before the first comma "or entering 
into a full funding grant agreement"; and 
(C) by striking "issuance of the letter." and inserting 
"letter or agreement. The Secretary shall include with the 
notification a copy of the proposed letter or agreement 
as well as the evaluations and ratings for the project."; 
and 
(4) in paragraph (4), by striking "50 percent" and all that 
follows through "obligated)" and inserting "an amount equiva-
lent to the total authorizations under section 5338(b) for new 
fixed guideway systems and extensions to existing fixed guide-
way systems for Hscal years 2002 and 2003". 
(g) ALLOCATING AMOUNTS.—Section 5309(m) is amended to read 
as follows: 
"(m) ALLOCATING AMOUNTS.— 
"(1) IN GENERAL.—Of the amounts made available by or 
appropriated under section 5338 for grants and loans under 
this section for each of fiscal years 1998 through 2003— 
[ 
"(A) 40 percent shall be available for fixed guideway 
modernization; 
"(B) 40 percent shall be available for capital projects 
for new fixed guideway systems and extensions to existing 
fixed guideway systems; and 
"(C) 20 percent shall be available to replace, rehabili-
tate, and purchase buses and related equipment and to 
construct bus-related facilities. 
"(2) LIMITATION ON AMOUNTS AVAILABLE FOR ACTIVITIES 
OTHER THAN FINAL DESIGN AND CONSTRUCTION.—^Not more than 
8 percent of the amounts made available in each fiscal year 
by paragraph (1)(B) shall be available for activities other than 
final design and construction. 
"(3) Bus AND BUS FACILITY GRANTS.— 
"(A) CONSIDERATION.—In making grants under para-
graph (1)(C), the Secretary shall consider the age of buses, 
bus fleets, related equipment, and bus-related facilities. 
"(B) FUNDING FOR BUS TESTING FACILITY.—Of the 
amounts 
made 
available 
under 
paragraph 
(1)(C), 
$3,000,000 shall be available in each of fiscal years 1998 
through 2003 to carry out section 5318. 
"(4) FUNDING FOR CLEAN FUELS.—Of the amounts made 
available under paragraph (1)(C), $50,000,000 shall be available 
112 STAT. 356 
PUBLIC LAW 105-178-^UNE 9, 1998 
in each of fiscal years 1999 through 2003 to carry out section 
5308. 
"(5) FUNDING FOR FERRY BOAT SYSTEMS.— 
"(A) Of the amounts made available under paragraph 
(1)(B), $10,400,000 shall be available in each of fiscal years 
1999 through 2003 for capital projects in Alaska or Hawaii, 
for new fixed guideway systems and extensions to fixed 
guideway systems that are ferry boats or ferry terminal 
facilities, or that are approaches to ferry terminal facilities. 
"(B) Of the amounts appropriated under section 
5338(h)(5), $3,600,000 shall be available in each of fiscal 
years 1999 through 2003 for capital projects in Alaska 
or Hawaii, for new fixed guideway systems and extensions 
to fixed guideway systems that are ferry boats or ferry 
terminal facilities, or that are approaches to ferry terminal 
facilities.". 
(h) CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 5309(f) is amended to read as follows: 
"(f) [Reserved.]". 
(2) CROSS REFERENCE.—Section 5328(a)(2) is amended by 
striking "5309(e)(l)-(6) of this title" and inserting "5309(e)". 
(3) REFERENCES TO FULL FUNDING GRANT AGREEMENTS.— 
Chapter 53 is amended— 
(A) in section 5320— 
(i) by striking "full financing" each place it appears 
and inserting "full funding"; and 
(ii) in subsection (e) in the subsection heading, 
by striking "FINANCING" and inserting "FUNDING"; and 
(B) in section 5328(a)(4) by striking "full financing" 
each place it appears and inserting "full funding". 
(i) REPORTS.—Section 5309 is amended by adding at the end 
the following: 
"(o) REPORTS.— 
"(1) FUNDING LEVELS AND ALLOCATIONS OF FUNDS FOR FIXED 
GUIDEWAY SYSTEMS.— 
"(A) ANNUAL REPORT.—^Not later than the first Monday 
in February of each year, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate a report 
that includes a proposal on the allocation of amounts to 
be made available to finance grants and loans for capital 
projects for new fixed guideway systems and extensions 
to existing fixed guideway systems among applicants for 
those amounts. 
"(B) RECOMMENDATIONS ON FUNDING.—-The annual 
report under this paragraph shall include evaluations and 
ratings, as required under subsection (e), for each project 
that is authorized or has received funds under this section 
since the date of enactment of the Federal Transit Act 
of 1998 or October 1 of the preceding fiscal year, whichever 
date is earlier. The report shall also include recommenda-
tions of projects for funding based on the evaluations and 
ratings and on existing commitments and anticipated fund-
ing levels for the next 3 fiscal years and for the next 
10 fiscal years based on information currently available 
to the Secretary. 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 357 
"(2) SUPPLEMENTAL REPORT ON NEW STARTS.—The Sec-
retary shall submit a report to Congress on the 31st day of 
August of each year that describes the Secretary's evaluation 
and rating of each project that has completed alternatives 
analysis or preliminary engineering since the date of the last 
report. The report shall include all relevant information that 
supports the evaluation and rating of each project, including 
a summary of each project's financial plan. 
"(3) ANNUAL GAO REVIEW.—^The General Accounting Office 
shall— 
"(A) conduct an annual review of— 
"(i) the processes and procedures for evaluating 
and rating projects and recommending projects; and 
"(ii) the Secretary's implementation of such proc-
esses and procedures; and 
"(B) shall report to Congress on the results of such 
review by April 30 of each year.". 
(j) PROJECT DEFINED.—Section 5309 is amended by adding at 
the end the following: 
"(p) PROJECT DEFINED.—In this section, the term 'project' 
means, with respect to a new fixed guideway system or extension 
to an existing fixed guideway system, a minimum operable segment 
of the project.". 
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS. 
49 USC 5309 
(a) IN GENERAL.—^The Secretary shall not consider the dollar 
value of mobility improvements, as specified in the report required 
under section 5309(o) (as added by this Act), in evaluating projects 
under section 5309 of title 49, United States Code, in developing 
regulations, or in carrying out any other duty of the Secretary. 
(b) STUDY.— 
(1) IN GENERAL.—^The Comptroller General shall conduct 
a study of the dollar value of mobility improvements and the 
relationship of mobility improvements to the overall transpor-
tation justification of a new fixed guideway system or extension 
to an existing system. 
(2) REPORT.—Not later than January 1, 2000, the Secretary 
shall transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the Senate a report 
on the results of the study under paragraph (1), including 
an analysis of the factors relevant to determining the dollar 
value of mobility improvements. 
SEC. 3011. LOCAL SHARE. 
49 USC 5307 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
for fiscal years 1999 through 2003, a recipient of assistance under 
section 5307 or 5309 of title 49, United States Code, may use, 
as part of the local matching funds for a capital project (as defined 
in section 5302(a) of title 49, United States Code), the proceeds 
from the issuance of revenue bonds. 
(b) MAINTENANCE OF EFFORT.—The Secretary shall approve 
of the use of the proceeds from the issuance of revenue bonds 
for the remainder of the net project cost (as defined in section 
5302(a) of title 49, United States Code) only if the aggregate amount 
of financial support for mass transportation in the urbanized area 
from the State and affected local governmental authorities during 
the next 3 fiscal years, as programmed in the State Transportation 
112 STAT. 358 
PUBLIC LAW 105-178-^JUNE 9, 1998 
Improvement Program under section 135 of title 23, United States 
Code, is not less than the aggregate amount provided by the State 
and affected local governmental authorities in the urbanized area 
during the preceding 3 fiscal years, 
(c) REPORT.— 
(1) IN GENERAL,—Not later than January 1, 2003, the Sec-
retary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate, 
a report on the recipients described in subsection (a) that 
have used, as part of the local matching funds for a capital 
project, the proceeds from the issuance of revenue bonds, during 
the period described in subsection (a). 
(2) CONTENTS OF REPORT.—The report required by this 
subsection shall include— 
(A) information on each project undertaken, the 
amount of the revenue bonds issued, and the status of 
repa5niient of the bonds; and 
(B) any recommendations of the Secretary regarding 
the application of this section. 
SEC. 3012. INTELUGENT TRANSPORTATION SYSTEMS APPUCATIONS. 
(a) FIXED GUIDEWAY TECHNOLOGY.—^The Secretary shall make 
grants for the study, design, and demonstration of fixed guideway 
technology. Of the amounts made available by or appropriated 
under section 5338(d) of title 49, United States Code, the Secretary 
shall make funds available for the following projects in not less 
than the amounts specified for the fiscal year: 
(1) North Orange-South Seminole County, FL $750,000 
for fiscal year 1999. 
(2) Galveston, TX fixed guideway activities $750,000 for 
fiscal year 1999. 
(3) Washoe County, NV Transit Technology, $1,250,000 
for each of fiscal years 1999 and 2000. 
(b) Bus TECHNOLOGY.—^The Secretary shall make grants for 
the study, design, and demonstration of bus technology. Of the 
amounts made available by or appropriated under section 5338(d) 
of title 49, United States Code, the Secretary shall make funds 
available for the following projects in not less than the amounts 
specified for the fiscal year: 
(1) MBTA, MA Advanced Electric Transit Buses and 
Related Infrastructure, $1,500,000 for each of fiscal years 1999 
and 2000. 
(2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each 
of fiscal years 1999 and 2000. 
(3) 
Gloucester, 
MA Intermodal 
Technology 
Center, 
$ 1,500,000 for each of fiscal years 1999 and 2000. 
(c) ADVANCED PROPULSION CONTROL SYSTEM.— 
(1) IN GENERAL.—Of the amounts made available by or 
appropriated under section 5338(d) of title 49, United States 
Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal 
year 2000, and $3,000,000 for fiscal year 2001 shall be available 
to the Southeastern Pennsylvania Transit Authority (in this 
subsection referred to as "SEPTA"), to be used only for the 
completion of the program to develop and deploy a new 
Advanced Propulsion Control System begun under the Request 
for Technical Proposals for Project S-2814—2. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 359 
(2) ACTION REQUIRED BY SEPTA.—^This subsection shall take 
effect only if SEPTA issues a request for cost proposals to 
the 4 selectees from the full and open competition under 
SEPTA'S Request for Technical Proposals for Project S-2814-
2 not later than 60 days after the date of enactment of this 
Act. 
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF 
ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABIL-
ITIES. 
(a) SECTION HEADING.—Section 5310 is amended in the section 
heading by striking "Grants" and inserting "Formula grants". 
(b) CONFORMING AMENDMENT.—^The item relating to section 
5310 in the table of sections for chapter 53 is amended by inserting 
"formula" before "grants". 
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS. 
(a) IN GENERAL.—Section 5311 is amended— 
(1) in the section heading, by striking "Financial assist-
ance" and inserting "Formula grants"; and 
(2) in subsection (f)(1) by striking "10 percent of the amount 
made available in the fiscal year ending September 30, 1993, 
and". 
(b) CONFORMING AMENDMENT.—^The item relating to section 
5311 in the table of sections for chapter 53 is amended by striking 
"Financial assistance" and inserting "Formula grant". 
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAIN-
ING PROJECTS. 
(a) IN GENERAL.—Section 5312 is amended by adding at the 
end the following: 
"(d) JOINT PARTNERSHIP PROGRAM FOR DEPLOYMENT OF INNOVA-
TION.— 
"(1) DEFINITION OF CONSORTIUM.—In this subsection, the 
term 'consortium'— 
"(A) means 1 or more public or private organizations 
located in the United States that provide mass transpor-
tation service to the public and 1 or more businesses, 
including small- and medium-sized businesses, incor-
porated in a State, offering goods or services or willing 
to offer goods and services to mass transportation opera-
tors; and 
"(B) may include, as additional members, public or 
private research organizations located in the United States, 
or State or local governmental authorities. 
"(2) GENERAL AUTHORITY.—The Secretary may, under terms 
and conditions that the Secretary prescribes, enter into grants, 
contracts, cooperative agreements, and other agreements with 
consortia selected in accordance with paragraph (4), to promote 
the early deployment of innovation in mass transportation serv-
ices, management, operational practices, or technology that has 
broad applicability. This paragraph shall be carried out in 
consultation with the transit industry by competitively selected 
consortia that will share costs, risks, and rewards of early 
deployment of innovation. 
"(3) CONSORTIUM CONTRIBUTION.—A consortium assisted 
under this subsection shall provide not less than 50 percent 
of the costs of any joint partnership project. Any business. 
59-194 O - 98 - 13 : QL 3 Part 1 
112 STAT. 360 
PUBLIC LAW 105-178--JUNE 9, 1998 
organization, person, or governmental body may contribute 
funds to a joint partnership project. 
"(4) NOTICE REQUIREMENT.—The Secretary shall periodi-
cally give public notice of the technical areas for which joint 
partnerships are solicited, required qualifications of consortia 
desiring to participate, the method of selection and evaluation 
criteria to be used in selecting participating consortia and 
projects, and the process by which innovation projects described 
in paragraph (1) will be awarded. 
"(5) USE OF REVENUES.—The Secretary shall accept, to 
the maximum extent practicable, a portion of the revenues 
resulting from sales of an innovation project funded under 
this section. Such revenues shall be accounted for separately 
within the Mass Transit Account of the Highway Trust Fund 
and shall be available to the Secretary for activities under 
this subsection. Annual revenues that are less than $1,000,000 
shall be available for obligation without further appropriation 
and shall not be subject to any obligation limitation. 
"(e) INTERNATIONAL MASS TRANSPORTATION PROGRAM.— 
"(1) ACTIVITIES.—^The Secretary is authorized to engage 
in activities to inform the United States domestic mass 
transportation community about technological 
innovations 
available in the international marketplace and activities that 
may afford domestic businesses the opportunity to become glob-
ally competitive in the export of mass transportation products 
and services. Such activities may include— 
\ 
"(A) 
development, 
monitoring, 
assessment, 
and 
dissemination domestically of information about worldwide 
mass transportation market opportunities; 
"(B) cooperation with foreign public sector entities in 
research, development, demonstration, training, and other 
forms of technology transfer and exchange of experts and 
information; 
"(C) advocacy, in international mass transportation 
markets, of firms, products, and services available from 
the United States; 
"(D) informing the internationsd market about the tech-
nical quality of mass transportation products and services 
through participation in seminars, expositions, and similar 
activities; and 
"(E) offering those Federal Transit Administration 
technical services which cannot be readily obtained from 
the United States private sector to foreign public authori-
ties planning or undertaking mass transportation projects 
if the cost of these services will be recovered under the 
terms of each project. 
"(2) COOPERATION.—^The Secretary may carry out activities 
under this subsection in cooperation with other Federal agen-
cies, State or local agencies, public and private nonprofit institu-
tions, government laboratories, foreign governments, or any 
other organization the Secretary determines is appropriate. 
"(3) FUNDING.—^The funds available to carry out this sub-
section shall include revenues paid to the Secretary by any 
cooperating organization or person. Such revenues shall be 
accounted for separately within the Mass Transit Account of 
the Highway Trust Fund and shall be available to the Secretary 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 361 
to carry out activities under this subsection, including pro-
motional materials, travel, reception, and 
representation 
expenses necessary to carry out such activities. Annual reve-
nues that are less than $1,000,000 shall be available for obliga-
tion without further appropriation and shall not be subject 
to any obligation limitation. Not later than January 1 of each 
fiscal year, the Secretary shall publish a report on the activities 
under this paragraph funded from the account.". 
(b) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Of the 
funds made available for each fiscal year to carry out section 
5309(m)(l)(C) of title 49, United States Code, $4,850,000 shall be 
available to carry out the fuel cell powered transit bus program 
and the intermodal transportation fuel cell bus maintenance facility. 
(c) ADVANCED TECHNOLOGY PILOT PROJECT.— 
49 use 322 note. 
(1) IN GENERAL.—^The Secretary shall make grants for the 
development of low speed magnetic levitation technology for 
public transportation purposes in urban areas to demonstrate 
energy efficiency, congestion mitigation, and safety benefits. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act for each of fiscal years 1998 through 
2003, $5,000,000 per fiscal year shall be available to carry 
out this subsection. 
(3) FEDERAL SHARE.—^The Federal share payable on account 
of activities carried out using a grant made under this sub-
section shall be 80 percent of the cost of such activities. 
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS. 
Section 5314(a)(2) is amended by striking "$2,000,000" and 
inserting "$3,000,000". 
SEC. 3017. NATIONAL TRANSIT INSTITUTE. 
(a) IN GENERAL.—Section 5315(a) is amended— 
(1) in paragraph (5) by inserting "and architectural design" 
before the semicolon at the end; 
(2) in paragraph (7) by striking "carrying out" and inserting 
"delivering"; 
(3) in paragraph (11) by inserting ", construction manage-
ment, insurance, and risk management" before the semicolon 
at the end; 
(4) in paragraph (13) by striking "and" at the end; 
(5) in paragraph (14) by striking the period at the end 
and inserting a semicolon; and 
(6) by adding at the end the following: 
"(15) innovative finance; and 
"(16) workplace safety.". 
(b) CONFORMING AMENDMENT.—^The item relating to section 
5315 in the table of sections for chapter 53 is amended by striking 
"mass transportation" and inserting "transit". 
SEC. 3018. BUS TESTING FACIUTIES. 
(a) 
OPERATION 
AND 
MAINTENANCE.—Section 
5318(b) 
is 
amended— 
(1) by striking "make a contract with" and inserting "enter 
into a contract or cooperative agreement with, or make a grant 
to,"; 
(2) by inserting "or organization" after "person"; 
(3) by inserting ", cooperative agreement, or grant" after 
"The contract"; and 
112 STAT. 362 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(4) by inserting "mass transportation" after "and other". 
(b) AVAILABILITY OF AMOUNTS.—Section 5318(d) is amended 
by striking "make a contract with" and inserting "enter into a 
contract or cooperative agreement with, or make a grant to,". 
SEC. 3019. BICYCLE FACILITIES. 
Section 5319 is amended by striking "under this section is 
for 90 percent of the cost of the project" and inserting "made 
eUgible by this section is for 90 percent of the cost of the project, 
except that, if the grant or any portion of the grant is made 
with funds required to be expended under section 5307(k) and 
the project involves providing bicycle access to mass transportation, 
that grant or portion of that grant shall be at a Federal share 
of 95 percent". 
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE. 
(a) TECHNICAL AMENDMENT.—Section 5323(d) is amended by 
striking 
"BUYING AND OPERATING BUSES.—" and inserting 
"CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.—". 
(b) BUY AMERICA.—Section 5323(j)(7) is amended to read as 
follows: 
"(7) OPPORTUNITY TO CORRECT INADVERTENT ERROR.—The 
Secretary may allow a manufacturer or supplier of steel, iron, 
or manufactured goods to correct after bid opening any certifi-
cation of noncompliance or failure to properly complete the 
certification (but not including failure to sign the certification) 
under this subsection if such manufacturer or supplier attests 
under penalty of perjury that such manufacturer or supplier 
submitted an incorrect certification as a result of an inadvertent 
or clerical error. The burden of establishing inadvertent or 
clerical error is on the manufacturer or supplier.". 
(c) GOVERNMENT'S SHARE.—Section 5323(i) is amended to read 
as follows: 
"(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN PROJECTS.— 
A grant for a project to be assisted under this chapter that involves 
acquiring vehicle-related equipment required by the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related 
equipment (including clean fuel or alternative fuel vehicle-related 
equipment) for purposes of complying with or maintaining compli-
ance with the Clean Air Act, is for 90 percent of the net project 
cost of such equipment attributable to compliance with those Acts. 
The Secretary shall have discretion to determine, through prac-
ticable administrative procedures, the costs of such equipment 
attributable to compliance with those Acts.". 
(d) HHS AND PUBLIC TRANSIT SERVICE.—Section 5323 is 
amended— 
(1) by redesignating subsections (k) and (1) as subsections 
(1) and (m), respectively; and 
(2) by inserting after subsection 0') the following: 
"(k) PARTICIPATION OF GOVERNMENTAL AGENCIES IN DESIGN 
AND DELIVERY OF TRANSPORTATION SERVICES.—TO the extent fea-
sible, governmental agencies and nonprofit organizations that 
receive assistance from Grovemment sources (other than the Depart-
ment of Transportation) for nonemergency transportation services— 
"(1) shall participate and coordinate with recipients of 
assistance under this chapter in the design and delivery of 
transportation services; and 
j 
"(2) shall be included in the planning for those services.". 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 363 
(e) SUBMISSION OF CERTIFICATIONS.—Section 5323 is amended 
by adding at the end the following: 
"(n) SUBMISSION OF CERTIFICATIONS.—A certification required 
under this chapter and any additional certification or assurance 
required by law or regulation to be submitted to the Secretary 
may be consolidated into a single document to be submitted 
annually as part of a grant application under this chapter. The Publication. 
Secretary shall publish annually a list of all certifications required 
under this chapter with the publication required under section 
5336(e)(2).". 
(f) GRANT REQUIREMENTS.—Section 5323 is amended by adding 
at the end the following: 
"(o) GRANT REQUIREMENTS.—^The grant requirements under sec-
tions 5307 and 5309 apply to any project under this chapter that 
receives any assistance or other financing under the Transportation 
Infrastructure Finance and Innovation Act of 1998.". 
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE 49 USC 5307 
INVESTMENT FROM MASS TRANSIT ACCOUNT OF HIGH- note. 
WAY TRUST FUND. 
(a) IN GENERAL.—^The Secretary shall establish a pilot program 
to determine the benefits of using funds from the Mass Transit 
Account of the Highway Trust Fund for intercity passenger rail. 
Any assistance provided to the State of Oklahoma under sections 
5307 and 5311 of title 49, United States Code, during fiscal years 
1998 through 2003 may be used for capital improvements to, and 
operating assistance for, intercity passenger rail service. 
(b) REPORT.— 
(1) IN GENERAL.—^Not later than October 1, 2002, the Sec-
retary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate 
a report on the pilot program established under this section. 
(2) CONTENTS.—^The report submitted under paragraph (1) 
shall include— 
(A) an evaluation of the effect of the pilot program 
on alternative forms of transportation within the State 
of Oklahoma; 
(B) an evaluation of the effect of the program on opera-
tors of mass transportation and their passengers; 
(C) a calculation of the amount of Federal assistance 
provided under this section transferred for the provision 
of intercity passenger rail service; and 
(D) an estimate of the benefits to intercity passenger 
rail service, including the number of passengers served, 
the number of route miles covered, and the number of 
localities served by intercity passenger rail service. 
SEC. 3022. CONTRACT REQUIREMENTS. 
(a) EFFICIENT PROCUREMENT.—Section 5325 is amended— 
(1) by striking subsections (b) and (c); 
(2) by redesignating subsection (d) as subsection (b); and 
(3) by adding at the end the following: 
"(c) EFFICIENT 
PROCUREMENT.—^A recipient may award a 
procurement contract under this chapter to other than the lowest 
bidder when the award furthers an objective consistent with the 
purposes of this chapter, including improved long-term operating 
efficiency and lower long-term costs.". 
112 STAT. 364 
PUBLIC LAW 105-178—JUNE 9, 1998 
SEC. 3023. SPECIAL PROCUREMENTS. 
(a) TURNKEY SYSTEM PROJECTS.—Section 5326(a) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) TURNKEY SYSTEM PROJECT DEFINED.—In this sub-
section, the term 'turnkey system project' means a project under 
which a recipient enters into a contract with a seller, firm, 
or consortium of firms to design and build a mass transportation 
system or an operable segment thereof that meets specific 
performance criteria. Such project may also include an option 
to finance, or operate for a period of time, the system or 
segment or any combination of designing, building, operating, 
or maintaining such system or segment."; 
(2) in paragraph (2)— 
(A) by inserting 
"SELECTION OF TURNKEY 
PROJ-
ECTS.—" after "(2)"; and 
(B) by inserting "or an operable segment of a mass 
transportation system" after "transportation system"; 
(3) in paragraph (3) by inserting "DEMONSTRATIONS.—" 
after "(3)"; and 
(4) by aligning paragraphs (2) and (3) with paragraph 
(1) of such section, as amended by paragraph (1) of this section. 
(b) TECHNICAL AMENDMENT.—Section 5326 is amended by strik-
ing subsection (c) and inserting the following: 
"(c) ACQUIRING ROLLING STOCK.—-A recipient of financial assist-
ance under this chapter may enter into a contract to expend that 
assistance to acquire rolling stock— 
"(1) based on— 
"(A) initial capital costs; or 
"(B) performance, standardization, life cycle costs, and 
other factors; or 
"(2) with a party selected through a competitive procure-
ment process. 
"(d) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.— 
A recipient of assistance under section 5307 procuring an associated 
capital maintenance item under section 5307(b) may enter into 
a contract directly with the original manufacturer or supplier of 
the item to be replaced, without receiving prior approval of the 
Secretary, if the recipient first certifies in writing to the Secretary 
that— 
"(1) the manufacturer or supplier is the only source for 
the item; and 
"(2) the price of the item is no more than the price that 
similar customers pay for tl^e item.". 
(c) CONFORMING AMENDMENT.—Section 5334(b)(4) is amended 
by striking "5323(a)(2), (c) and (e), 5324(c), and 5325 of this title" 
and inserting "5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 
5326(c), and 5326(d)". 
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW. 
(a) LIMITATION ON USE OF AVAILABLE AMOUNTS.—Section 
5327(c)(2) is amended— 
(1) by striking "make contracts" and inserting "enter into 
contracts"; and 
(2) by inserting before the period at the end of the first 
sentence the following: "and to provide technical assistance 
to correct deficiencies identified in compliance reviews and 
audits carried out under this section". 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 365 
(b) FINANCIAL PLAN.—Section 5327 is amended by adding at 
the end the following: 
"(f) FINANCIAL PLAN.—^A recipient of financial assistance for 
a project under this chapter with an estimated total cost of 
$1,000,000,000 or more shall submit to the Secretary an annual 
financial plan for the project. The plan shall be based on detailed 
annual estimates of the cost to complete the remaining elements 
of the project and on reasonable assumptions, as determined by 
the Secretary, of future increases in the cost to complete the 
project.". 
SEC. 3025. ADMINISTRATIVE PROCEDURES. 
(a) TRAINING AND CONFERENCE COSTS.—Section 5334(a) is 
amended— 
(1) in paragraph (8) by striking "and" at the end; 
(2) in paragraph (9) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(10) collect fees to cover the costs of training or con-
ferences, including costs of promotional materials, sponsored 
by the Federal Transit Administration to promote mass 
transportation and credit amounts collected to the appropria-
tion concerned.". 
(b) TECHNICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for section 5334 is 
amended by inserting "provisions" after "Administrative". 
(2) TABLE OF SECTIONS.—^The item relating to section 5334 
in the table of sections for chapter 53 is amended by inserting 
"provisions" after "Administrative". 
(c) PROCEEDS FROM SALE OF TRANSIT ASSETS.—Section 5334(g) 
is amended by adding at the end the following: 
"(4) PROCEEDS FROM THE SALE OF TRANSIT ASSETS.— 
"(A) IN GENERAL.—^When real property, equipment, or 
supplies acquired with assistance under this chapter are 
no longer needed for mass transportation purposes as deter-
mined under the applicable assistance agreement, the Sec-
retary may authorize the sale, transfer, or lease of the 
assets under conditions determined by the Secretary and 
subject to the requirements of this subsection. 
"(B) USE.—^The net income from asset sales, uses, or 
leases (including lease renewals) under this subsection 
shall be used by the recipient to reduce the gross project 
cost of other capital projects carried out under this chapter. 
"(C) RELATIONSHIP TO OTHER AUTHORITY.—^The author-
ity of the Secretary under this subsection is in addition 
to existing authorities controlling allocation or use of recipi-
ent income otherwise permissible in law or regulation in 
effect prior to the date of enactment of this paragraph.". 
SEC. 3026. REPORTS AND AUDITS. 
(a) 
NATIONAL 
TRANSIT 
DATABASE.—Section 
5335(a) 
is 
amended— 
(1) by striking "REPORTING SYSTEM AND UNIFORM SYSTEM 
OF ACCOUNTS AND RECORDS" and inserting "NATIONAL TRANSIT 
DATABASE"; and 
(2) in paragraph (1)— 
(A) by striking "by uniform categories," and inserting 
"using uniform categories"; and 
112 STAT. 366 
PUBLIC LAW 105-178-^UNE 9, 1998 
(B) by striking "and a uniform system of accounts 
and records" and inserting "and using a uniform system 
of accounts". 
(b) REPORTS.—Section 5335 is amended— 
(1) by striking subsections (b) and (c); and 
(2) by redesignating subsection (d) as subsection (b). 
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 
GRANTS. 
(a) IN GENERAL.—Section 5336 is amended in the section 
heading by striking "block grants" and inserting "formula 
grants". 
(b) REPEAL.—Section 5336(d) is amended to read as follows: 
"(d) [Reserved.]". 
49 use 5307 
(c) CONTINUATION OF OPERATING ASSISTANCE TO CERTAIN 
note. 
LARGER URBANIZED AREAS.— 
(1) PROVISION OF ASSISTANCE.—Notwithstanding any other 
provision of law, during the period described in paragraph 
(2), the Secretary may continue to provide assistance under 
section 5307 of title 49, United States Code, to finance the 
operating costs of equipment and facilities for use in mass 
transportation in any urbanized area (as that term is defined 
in section 5302 of title 49, United States Code) with a popu-
lation of at least 200,000, if the Secretary determines that— 
(A) the number of the total bus revenue vehicle-miles 
operated in or directly serving the area is less than 600,000; 
and 
(B) the number of buses operated in or directly serving 
the area does not exceed 15. 
(2) PERIOD DESCRIBED.—^For purposes of paragraph (1), the 
period described in this paragraph is the period beginning 
on the date of enactment of this Act and ending on the earlier 
of— 
(A) 3 years after the date of enactment of this Act; 
and 
(B) the date on which the Secretary determines that— 
(i) the number of the total bus revenue vehicle-
miles operated in or directly serving the area is greater 
than or equal to 600,000; and 
(ii) the number of buses operated in or directly 
serving the area exceeds 15. 
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDE-
WAY MODERNIZATION. 
(a) DISTRIBUTION.—Section 5337(a) is amended to read as 
follows: 
"(a) DISTRIBUTION.—^The Secretary shall apportion amounts 
made available for fixed guideway modernization under section 
5309 for each of fiscal years 1998 through 2003 as follows: 
"(1) The first $497,700,000 shall be apportioned in the 
following urbanized areas as follows: 
"(A) Baltimore, $8,372,000. 
"(B) Boston, $38,948,000. 
"(C) Chicago/Northwestern Indiana, $78,169,000. 
"(D) Cleveland, $9,509,500. 
"(E) New Orleans, $1,730,588. 
"(F) New York, $176,034,461. 
"(G) Northeastern New Jersey, $50,604,653. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 367 
"(H) Philadelphia/Southern New Jersey, $58,924,764. 
"(I) Pittsburgh, $ 13,662,463. 
"(J) San Francisco, $33,989,571. 
"(K) Southwestern Connecticut, $27,755,000. 
"(2) The next $70,000,000 shall be apportioned as follows: 
"(A) 50 percent in the urbanized areas listed in para-
graph (1), as provided in section 5336(b)(2)(A). 
"(B) 50 percent in other urbanized areas eligible for 
assistance under section 5336(b)(2)(A) to which amounts 
were apportioned under this section for fiscal year 1997, 
as provided in section 5336(b)(2)(A) and subsection (e) of 
this section. 
"(3) The next $5,700,000 shall be apportioned in the 
following urbanized areas as follows: 
"(A) Pittsburgh, 61.76 percent. 
"(B) Cleveland, 10.73 percent. 
"(C) New Orleans, 5.79 percent. 
"(D) 21.72 percent in urbanized areas to which para-
graph (2)(B)(ii) applies, as provided in section 5336(b)(2)(A) 
and subsection (e) of this section. 
"(4) The next $186,600,000 shall be apportioned in each 
urbanized area to which paragraph (1) applies and in each 
urbanized area to which paragraph (2)(B) applies, as provided 
in section 5336(b)(2)(A) and subsection (e) of this section. 
"(5) The next $70,000,000 shall be apportioned as follows: 
"(A) 65 percent in the urbanized areas listed in para-
graph (1), as provided in section 5336(b)(2)(A) and sub-
section (e) of this section. 
"(B) 35 percent to other urbanized areas eligible for 
assistance under section 5336(b)(2)(A) if the areas contain 
fixed guideway systems placed in revenue service at least 
7 years before the fiscal year in which amounts are made 
available and in any urbanized area if, before the first 
day of the fiscal year, the area satisfies the Secretary 
that the area has modernization needs that cannot ade-
quately be met with amounts received under section 
5336(b)(2)(A), as provided in section 5336(b)(2)(A) and sub-
section (e) of this section. 
"(6) The next $50,000,000 shall be apportioned as follows: 
"(A) 60 percent in the urbanized areas listed in para-
graph (1), as provided in section 5336(b)(2)(A) and sub-
section (e) of this section. 
"(B) 40 percent to urbanized areas to which paragraph 
(5)(B) applies, as provided in section 5336(b)(2)(A) and sub-
section (e) of this section. 
"(7) Remaining amounts shall be apportioned as follows: 
"(A) 50 percent in the urbanized areas listed in para-
graph (1), as provided in section 5336(b)(2)(A) and sub-
section (e) of this section. 
"(B) 50 percent to urbanized areas to which paragraph 
(5)(B) applies, as provided in section 5336(b)(2)(A) and sub-
section (e) of this section.". 
(b) ROUTE SEGMENTS TO B E INCLUDED IN APPORTIONMENT FOR-
MULAS.—Section 5337 is amended by adding at the end the follow-
ing: 
"(e) 
ROUTE SEGMENTS TO BE INCLUDED IN APPORTIONMENT 
FORMULAS.— 
112 STAT. 368 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(1) 1997 STANDARD.—Amounts apportioned under para-
graphs (2)(B), (3), and (4) of subsection (a) shall have attrib-
utable to each urbanized area only the number of fixed guide-
way revenue miles of service and number of fixed guideway 
route miles for segments of fixed guideway systems used to 
determine apportionments for fiscal year 1997. 
"(2) OTHER STANDARDS.—^Amounts apportioned under para-
graphs (5) through (7) of subsection (a) shall have attributable 
to each urbanized area only the number of fixed guideway 
revenue miles of service and number of fixed guideway route-
miles for segments of fixed guideway systems placed in revenue 
service at least 7 years before the fiscal year in which amounts 
are made available.". 
SEC. 3029. AUTHORIZATIONS. 
(a) IN GENERAL.—Section 5338 is amended to read as follows: 
"§5338. Authorizations 
"(a) FORMULA GRANTS.— 
"(1) FISCAL YEAR I998.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5307, 5310, and 5311, $2,260,000,000 
for fiscal year 1998. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out sections 5307, 5310, 
and 5311, $240,000,000 for fiscal year 1998. 
"(C) ALLOCATION OF FUNDS.—Of the aggregate of 
amounts made available by and appropriated under this 
paragraph for a fiscal year— 
"(i) $4,849,950 shall be available to the Alaska 
Railroad for improvements to its passenger operations 
under section 5307; 
"(ii) $62,219,389 shall be available to provide 
transportation services to elderly individuals and 
individuals with disabilities under section 5310; 
"(iii) $134,077,934 shall be available to provide 
financial assistance for other than urbanized areas 
under section 5311; and 
"(iv) $2,298,852,727 shall be available to provide 
financial assistance for urbanized areas under section 
5307. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5307, 5308, 5310, and 5311— 
"(i) $2,280,000,000 for fiscal year 1999; 
"(ii) $2,478,400,000 for fiscal year 2000; 
"(iii) $2,676,000,000 for fiscal year 2001; 
"(iv) $2,873,600,000 for fiscal year 2002; and 
"(v) $3,071,200,000 for fiscal year 2003. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out sections 5307, 5308, 
5310, and 5311— 
"(i) $570,000,000 for fiscal year 1999; 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 369 
"(ii) $619,600,000 for fiscal year 2000; 
"(iii) $669,000,000 for fiscal year 2001; 
"(iv) $718,400,000 for fiscal year 2002; and 
"(v) $767,800,000 for fiscal year 2003. 
"(C) ALLOCATION OF FUNDS.—Of the aggregate of 
amounts made available by and appropriated under this 
paragraph for a fiscal year— 
"(i) $4,849,950 shall be available to the Alaska 
Railroad for improvements to its passenger operations 
under section 5307; 
"(ii) $50,000,000 shall be available to carry out 
section 5308; and 
"(iii) of the remaining amount— 
"(I) 2.4 percent shall be available to provide 
transportation services to elderly individuals and 
individuals with disabilities under section 5310; 
"(II) 6.37 percent shall be available to provide 
financial assistance for other than urbanized areas 
under section 5311; and 
': 
"(III) 91.23 percent shall be available to pro-
vide financial assistance for urbanized areas under 
section 5307. 
"(b) CAPITAL PROGRAM GRANTS AND LOANS.— 
"(1) FISCAL YEAR 1998.—^There shall be available from the 
Mass Transit Account of the Highway Trust Fund to carry 
out section 5309, $2,000,000,000 for fiscal year 1998. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out section 5309— 
"(i) $1,805,600,000 for fiscal year 1999; 
"(ii) $1,960,800,000 for fiscal year 2000; 
"(iii) $2,116,800,000 for fiscal year 2001; 
"(iv) $2,272,800,000 for fiscal year 2002; and 
"(v) $2,428,800,000 for fiscal year 2003. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out section 5309— 
"(i) $451,400,000 for fiscal year 1999; 
"(ii) $490,200,000 for fiscal year 2000; 
"(iii) $529,200,000 for fiscal year 2001; 
"(iv) $568,200,000 for fiscal year 2002; and 
"(v) $607,200,000 for fiscal year 2003. 
"(c) PLANNING.— 
"(1) FISCAL YEAR 1998.—^There are authorized to be appro-
priated to carry out sections 5303, 5304, 5305, and 5313(b), 
$47,750,000 for fiscal year 1998. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5303, 5304, 5305, and 5313(b)— 
"(i) $43,200,000 for fiscal year 1999; 
"(ii) $46,400,000 for fiscal year 2000; 
"(iii) $51,200,000 for fiscal year 2001; 
"(iv) $52,800,000 for fiscal year 2002; and 
"(v) $57,600,000 for fiscal year 2003. 
112 STAT. 370 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated 4o carry out sections 5303, 5304, 
5305, and 5313(b)— 
"(i) $ 10,800,000 for fiscal year 1999; 
"(ii) $11,600,000 for fiscal year 2000; 
"(iii) $12,800,000 for fiscal year 2001; 
"(iv) $13,200,000 for fiscal year 2002; and 
"(v) $14,400,000 for fiscal year 2003. 
"(C) ALLOCATION OF FUNDS.—Of the funds made avail-
able by or appropriated under this paragraph for a fiscal 
year— 
"(i) 82.72 percent shall be available for metropoli-
tan planning under sections 5303, 5304, and 5305; 
and 
"(ii) 17.28 percent shall be available for State plan-
ning under section 5313(b). 
"(d) RESEARCH.— 
"(1) FISCAL YEAR 1998.—^There are authorized to be appro-
priated to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 
5315, and 5322, $44,250,000 for fiscal year 1998. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, 
and 5322— 
"(i) $36,000,000 for fiscal year 1999; 
"(ii) $37,600,000 for fiscal year 2000; 
"(iii) $37,600,000 for fiscal year 2001; 
"(iv) $39,200,000 for fiscal year 2002; and 
"(v) $39,200,000 for fiscal year 2003. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out sections 5311(b)(2), 
5312, 5313(a), 5314, 5315, and 5322— 
"(i) $9,000,000 for fiscal year 1999; 
"(ii) $9,400,000 for fiscal year 2000; 
"(iii) $9,400,000 for fiscal year 2001; 
"(iv) $9,800,000 for fiscal year 2002; and 
"(v) $9,800,000 for fiscal year 2003. 
"(C) ALLOCATION OF FUNDS.—Of the funds made avail-
able by or appropriated under this paragraph for a fiscal 
year— 
"(i) not less than $5,250,000 shall be available 
for providing rural transportation assistance under sec-
tion 5311(b)(2); 
"(ii) not less than $8,250,000 shall be available 
for carrying out transit cooperative research programs 
under section 5313(a); 
"(iii) not less than $4,000,000 shall be available 
to carry out programs under the National Transit 
Institute under section 5315; and 
"(iv) the remainder shall be available for carrying 
out national planning and research programs under 
sections 5311(b)(2), 5312, 5313(a), 5314, and 5322. 
"(e) UNIVERSITY TRANSPORTATION RESEARCH.— 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 371 
"(1) FISCAL YEAR 1998.—^There are authorized to be appro-
priated to carry out section 5317(b) $6,000,000 for fiscal year 
1998. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out section 5317(b), $4,800,000 for each of fiscal 
years 1999 through 2003. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out section 5317(b), 
$1,200,000 for each of fiscal years 1999 through 2003. 
"(f) ADMINISTRATION.— 
"(1) FISCAL YEAR 1998.—^There are authorized to be appro-
priated to carry out section 5334, $45,738,000 for fiscal year 
1998. 
"(2) FISCAL YEARS 1999 THROUGH 2003.— 
"(A) FROM THE TRUST FUND.—^There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out section 5334— 
"(i) $43,200,000 for fiscal year 1999; 
"(ii) $48,000,000 for fiscal year 2000; 
"(iii) $51,200,000 for fiscal year 2001; 
"(iv) $53,600,000 for fiscal year 2002; and 
"(v) $58,400,000 for fiscal year 2003. 
"(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out section 5334— 
"(i) $10,800,000 for fiscal year 1999; 
"(ii) $12,000,000 for fiscal year 2000; 
"(iii) $12,800,000 for fiscal year 2001; 
"(iv) $13,400,000 for fiscal year 2002; and 
"(v) $14,600,000 for fiscal year 2003. 
"(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
"(1) GRANTS FINANCED FROM THE HIGHWAY TRUST FUND.— 
A grant or contract approved by the Secretary, that is financed 
with amounts made available under subsection (a)(1)(A), 
(a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A) 
is a contractual obligation of the United States Government 
to pay the (Government's share of the cost of the project. 
"(2) GRANTS FINANCED FROM GENERAL FUNDS.—^A grant 
or contract, approved by the Secretary, that is financed with 
amounts made available under subsection (a)(1)(B), (a)(2)(B), 
(b)(2)(B), (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is a 
contractual obligation of the Government to pay the Grovern-
ment's share of the cost of the project only to the extent that 
amounts are provided in advance in an appropriations Act. 
"(h) ADDITIONAL AMOUNTS.—In addition to amounts made avail-
able by or appropriated under subsections (a) through (f), there 
are authorized to be appropriated— 
"(1) to carry out sections 5303, 5304, 5305, and 5313(b)— 
"(A) for fiscal year 1999, $32,000,000; 
"(B) for fiscal year 2000, $33,000,000; 
"(C) for fiscal year 2001, $34,000,000; 
"(D) for fiscal year 2002, $35,000,000; and 
"(E) for fiscal year 2003, $36,000,000; 
112 STAT. 372 
PUBLIC LAW 105-178-JUNE 9, 1998 
"(2) to carry out section 5307, $150,000,000 for each of 
fiscal years 1999 through 2003; 
"(3) to carry out section 5308, $100,000,000 for each of 
fiscal years 1999 through 2003; 
"(4) to carry out section 5309(m)(l)(A), $100,000,000 for 
each of fiscal years 1999 through 2003; 
"(5) to carry out section 5309(m)(l)(B)— 
"(A) for fiscal year 1999, $600,000,000; 
"(B) for fiscal year 2000, $610,000,000; 
"(C) for fiscal year 2001, $620,000,000; 
"(D) for fiscal year 2002, $630,000,000; and 
"(E) for fiscal year 2003, $630,000,000; 
"(6) to carry out section 5309(m)(l)(C), $100,000,000 for 
each of fiscal years 1999 through 2003; 
"(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 
5315, and 5322— 
"(A) for fiscal year 1999, $31,000,000; 
"(B) for fiscal year 2000, $31,000,000; 
"(C) for fiscal year 2001, $33,000,000; 
"(D) for fiscal year 2002, $33,000,000; and 
"(E) for fiscal year 2003, $34,000,000; and 
"(8) to carry out section 5334— 
"(A) for fiscal year 1999, $13,000,000; 
"(B) for fiscal year 2000, $14,000,000; 
"(C) for fiscal year 2001, $16,000,000; 
"(D) for fiscal year 2002, $17,000,000; and 
"(E) for fiscal year 2003, $18,000,000. 
"(i) AVAILABILITY OF AMOUNTS.—Amounts made available by 
or appropriated under subsections (a) through (e), and paragraphs 
(1) through (7) of subsection (h), shall remain available until 
expended.". 
(b) CONFORMING AMENDMENTS.—Chapter 53 is amended as 
follows: 
(1) In sections 5303(h)(1), 5303(h)(2)(A), and 5303(h)(3)(A), 
by striking "section 5338(g)(1)" each place it appears and insert-
ing "subsection (c) or (h)(1) of section 5338". 
(2) In section 5303(h)(1) by striking "-5306" and inserting 
"and 5305". 
(3) In section 5303(h)(4) by striking "section 5338(g)" and 
inserting "subsection (c) or (h)(1) of section 5338". 
(4) In section 5313(a)(1) by striking "Fifty percent of the 
amounts made available under section 5338(g)(3)" and inserting 
"The amounts made available under paragraphs (1) and 
(2)(C)(ii) of section 5338(d)". 
(5) In section 5313(b)(1) by striking "Fifty percent of the 
amounts made available under section 5338(g)(3)" and inserting 
"The amounts made available under paragraphs (1) and 
(2)(C)(ii) of section 5338(c)". 
(6) In section 5314(a)(1) by striking "section 5338(g)(4)" 
and inserting "subsections (d) and (h)(7) of section 5338". 
(7) In section 5317(e)(5)(C) by striking "5338(e)(2)" and 
inserting "5338(e)". 
(8) In section 5318(d) by striking "53380')(5)" and inserting 
"5309(m)(l)(C)". 
(9) In section 5333(b) by striking "5338(j)(5)" each place 
it appears and inserting "5338(b)". 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 373 
(10) In section 5336(a) by striking "5338(f)" and inserting 
"5338(a)". 
(11) In section 5336(e)(1) by striking "section 5338(f)" and 
inserting "subsections (a) and (h)(2) of section 5338". 
(12) In section 5337(e)(1) by striking "section 5338(f)" and 
inserting "subsections (b) and (h)(4) of section 5338". 
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND 
EXTENSIONS TO EXISTING SYSTEMS. 
(a) FINAL DESIGN AND CONSTRUCTION.—The following projects 
are authorized for final design and construction for fiscal years 
1998 through 2003 under section 5309(m)(l)(B) of title 49, United 
States Code: 
(1) Atlanta—^Athens Commuter Rail. 
(2) Atlanta—Griffin Commuter Rail. 
(3) Atlanta—^North Line Extension. 
(4) Austin—NW/North Central/SE—Airport LRT. 
(5) Baltimore—Central LRT Extension to Glen Burnie. 
(6) Boston—Massport Airport Intermodal Transit Connec-
tor. 
(7) Boston—^North Shore Corridor and Blue Line Extension 
to Beverly. 
(8) Charlotte—South Corridor Transitway. 
(9) Chicago—^Navy Pier-McCormick Place Busway. 
(10) Chicago—^North Central Upgrade Commuter Rail. 
(11) Chicago—^Ravenswood Line Extension. 
(12) Chicago—Southwest Extension. 
(13) Chicago—^West Line Expansion. 
(14) Cleveland—^Akron-Canton Commuter Rail. 
(15) Cleveland—^Berea Metroline Extension. 
(16) Cleveland—^Blue Line Extension. 
(17) Cleveland—^Euclid Corridor Extension. 
(18) Cleveland—1-90 Corridor to Ashtabula County. 
(19) Cleveland—Waterfront Line Extension, 
(20) Dallas—North Central Extension. 
(21) Dallas—Ft. Worth RAILTRAN (Phase II). 
(22) Denver—^East Corridor (Airport). 
(23) Denver—Southeast LRT (1-25 between 6th & Lincoln). 
(24) Denver—Southwest LRT. 
(25) Denver—West Corridor LRT. 
(26) East St. Louis-St. Clair County—Mid-America Airport 
Corridor. 
(27) Ft. Lauderdale-West Palm Beach-Miami Tri-County 
Commuter Rail. 
(28 
(29 
(30 
(31 
(32 
(33 
(34 
(35 
(36 
(37 
(38 
(39 
(40 
Galveston—^Trolley Extension. 
Hartford—Griffin Line. 
Mollis—^Ketchikan Ferry. 
Houston—^Regional Bus Plan—Phase I. 
Kansas City—1-35 Commuter Rail. 
Kansas City—Southtown Corridor. 
Kenosha-Racine—Milwaukee Rail Extension. 
Las Vegas Corridor. 
Little Rock—^River Rail. 
Los Angeles—Metrolink San Bernadino Line. 
Los Angeles—MOS-3. 
Los Angeles—^Metrolink (Union Station-FuUerton). 
Louisville—Jefferson County Corridor. 
112 STAT. 374 
PUBLIC LAW 105-178—JUNE 9, 1998 
(41) MARC—Commuter Rail Improvements. 
(42) Maryland Light Rail Double Track. 
(43) Memphis—^Medical Center Extension. 
(44) Miami—^East-West Multimodal Corridor. 
(45) Miami—^North 27th Avenue Corridor. 
(46) Miami—South Busway Extension. 
(47) Milwaukee—East-West Corridor. 
(48) Monterey County Commuter Rail. 
(49) Nashua, NH—^Lowell, MA Commuter Rail. 
(50) Nashville—Commuter Rail. 
(51) New Orleans—Canal Streetcar. 
(52) New York—8th Avenue Subway Connector. 
(53) New York—Brooklyn—Staten Island Ferry. 
(54) New York—Long Island Railroad East Side Access. 
(55) New York—Staten Island Ferry—Whitehall Inter-
modal Terminal. 
(56) New York Susquehanna and Western Commuter Rail. 
(57) New Jersey Urban Core. 
(58) Norfolk—^Virginia Beach Corridor. 
(59) Orange County—FuUerton—Irvine Corridor. 
(60) Orlando—1-4 Central Florida Light Rail System. 
(61) Philadelphia—Schuykill Valley Metro. 
(62) Phoenix—^Fixed Guideway. 
(63) Colorado—Roaring Fork Valley Rail. 
(64) Pittsburgh Airborne Shuttle System. 
(65) Pittsburgh—^MLK Busway Extension. 
(66) Portland—South-North Corridor. 
(67) Portland—Westside-Hillsboro Corridor. 
(68) Raleigh-Durham—Regional Transit Plan. 
(69) Sacramento—Folsom Extension. 
(70) Sacramento—^Placer County Corridor. 
(71) Sacramento—South Corridor. 
(72) Salt Lake City—^Light Rail (Airport to University of 
Utah). 
(73) Salt Lake City—Ogden-Provo Commuter Rail. 
(74) Salt Lake City—South LRT. 
(75) San Diego—Mid-Coast LRT Corridor. 
(76) San Diego—^Mission Valley East Corridor. 
(77) San Diego—Oceanside—Escondido Corridor. 
(78) San Francisco—BART to San Francisco International 
Airport Extension. 
(79) San Francisco—Bayshore Corridor. 
(80) San Jose—^Tasman Corridor Light Rail. 
(81) San Juan—^Tren Urbano. 
(82) San Juan—^Tren Urbano Extension to Minellas. 
(83) Santa Cruz—^Fixed Guideway. 
(84) Seattle—Southworth High Speed Ferry. 
(85) Seattle—Sound Move Corridor. 
(86) South Boston—^Piers Transitway. 
(87) St. Louis—Cross County Corridor. 
(88) Stockton—^Altamont Commuter Rail. 
(89) Tampa Bay—Regional Rail. 
(90) Twin Cities—^Northstar Corridor (Downtown Min-
neapolis-Anoka County-St. Cloud). 
(91) Twin Cities—^Transitways Corridors. 
(92) Washington—^Richmond Rail Corridor Improvements. 
(93) Washington, D.C.—^Dulles Corridor Extension. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 375 
(94) Washington, D.C.—^Largo Extension. 
(95) West Trenton Line (West Trenton-Newark). 
(96) Westlake—Commuter Rail Link. 
(97) Pittsburgh North Shore-Central Business District Cor-
ridor. 
(98) Pittsburgh—Stage II Light Rail. 
(99) Boston—North-South Rail Link. 
(100) Spokane—South Valley Corridor Light Rail. 
(101) Miami—Palmetto Metrorail. 
(102) Morgantown—Personal Rapid Transit. 
k- -'' 
(103) Santa Monica—Busway. 
(104) Northwest New Jersey—^Northeast Rail Corridor. 
(105) Southeastern North Carolina Corridor. 
(106) Chicago—^Douglas Branch. 
(107) San Joaquin—Regional Transit Corridor. 
(108) Albuquerque—High Capacity Corridor. 
(b) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.— 
The following projects are authorized for alternatives analysis and 
preliminary engineering for fiscal years 1998 through 2003 under 
section 5309(m)(l)(B) of title 49, United States Code: 
(1) Atlanta—Greorgia 400 Multimodal Corridor. 
(2) Atlanta—MARTA Extension (S. De Kalb-Lindbergh). 
(3) Atlanta—MARTA 1-285 Transit Corridor. 
(4) Atlanta—^MARTA Marietta-Lawrenceville Corridor. 
(5) Atlanta—MARTA South De Kalb Comprehensive Tran-
sit Program. 
(6) Baltimore—^Metropolitan Rail Corridor. 
(7) Baltimore—^People Mover. 
(8) Bergen County Cross—County Light Rail. 
(9) Birmingham Transit Corridor. 
(10) Boston—^Urban Ring. 
(11) Charleston—^Monobeam. 
(12) Chicago—Comiskey Park Station. 
(13) Chicago—Inner Circumferential Commuter Rail. 
(14) Cumberland/Dauphin County Corridor 1 Commuter 
Rail. 
(15)Dallas—DART LRT Extensions. 
^ 
(16) Dallas—Las Colinas Corridor. 
(17) Dayton—Regional Riverfront Corridor. 
(18) El Paso—International Fixed Guideway (El Paso-
Juarez). 
(19) Fremont—South Bay Corridor. 
(20) Houston—Advanced Transit Program. 
(21) Jacksonville—Fixed Guideway Corridor. 
(22) Knoxville—Electric Transit. 
(23) Lorain—Cleveland Commuter Rail. 
(24) Los Angeles—MOS-4 East Side Extension (II). 
(25) Los Angeles—MOS-4 San Fernando Valley East-West. 
(26) Los Angeles—LOSSAN (Del Mar-San Diego). 
(27) Maine High Speed Ferry Service. 
(28) Maryland Route 5 Corridor. 
(29) Memphis—Regional Rail Plan. 
(30) Miami—Kendall Corridor. 
(31) Miami—^Northeast Corridor. 
(32) New Jersey Trans-Hudson Midtown Corridor. 
(33) New Orleans—^Airport—CBD Commuter Rail. 
(34) New Orleans—^Desire Streetcar. 
112 STAT. 376 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
(35) New York—^Astoria—^East Elmhurst Extension. 
(36) New York—Broadway—Lafayette & Bleecker Street 
Transfer. 
(37) New York—Brooklyn—Manhattan Access. 
(38) New York—Lower Manhattan Access. 
(39) New York—Manhattan East Side Link. 
(40) New York—Midtown West Intermodal Terminal. 
(41) New York—Nassau Hub. 
(42) New York—North Shore Railroad. 
(43) New York—Queens West Light Rail Link. 
(44) New York—St. Greorge's Ferry Intermodal Terminal. 
(45) Newburgh—LRT System. 
(46) North Front Range Corridor. 
(47) Northeast Indianapolis Corridor. 
(48) Oakland Airport—BART Connector. 
(49) Providence—^Pawtucket Corridor. 
(50) Philadelphia—Broad Street Line Extension. 
(51) Philadelphia—Cross County Metro. 
(52) Philadelphia—Lower Marion Township. 
(53) Pinellas County—^Mobility Initiative Project. 
(54) Redlands—San Bernardino Transportation Corridor. 
(55) Riverside—Perris Rail Passenger Service. 
(56) Salt Lake City—Draper Light Rail Extension. 
(57) Salt Lake City—^West Jordan Light Rail Extension. 
(58) San Francisco—CalTrain Extension to Hollister. 
(59) Scranton—^Laurel Line Intermodal Corridor. 
(60) SEATAC—Personal Rapid Transit. 
(61) Toledo—CBD to Zoo. 
(62) Union Township Station (Raritan Valley Line). 
(63) Washington County Corridor (Hastings-St. Paul). 
(64) Washington, D.C.—Georgetown-Ft. Lincoln. 
(65) Williamsburg—^Newport News-Hampton LRT. 
(66) Cincinnati/N. Kentucky—Northeast Corridor. 
(67) Northeast Ohio—commuter rail. 
(68) California—North Bay Commuter Rail. 
(c) PROJECT AUTHORIZATIONS.— 
(1) IN GENERAL.—Of the total amount made available by 
or authorized under section 5338(b) of title 49, United States 
Code, to carry out section 5309(m)(l)(B) for fiscal years 1998 
through 2003: 
(A) $3,000,000,000 shall be available for the following 
nroiects: 
(i) Birmingham Transit Corridor, $87,500,000. 
(ii) San Diego-Mission Valley East 
Corridor, 
$325,000,000. 
(iii) Denver-Southeast LRT (1-25 between 6th and 
Lincoln), $10,000,000. 
(iv) 
Colorado—Roaring 
Fork 
Valley 
Rail, 
$40,000,000. 
(v) Hartford—Griffin Line, $33,000,000. 
(vi) Bridgeport—Intermodal Corridor, $34,000,000. 
(vii) New London—Waterfront Access, $10,000,000. 
(viii) Old Saybrook—Hartford 
Rail 
Extension, 
$10,000,000. 
(ix) 
Stamford—^Fixed 
Guideway 
Connector, 
$18,000,000. 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 377 
(x) Orlando—1-4 Central Florida Light Rail Sys-
tem, $100,000,000. 
(xi) Miami—Palmetto Metrorail, $8,000,000. 
(xii) Tampa Bay—Regional Rail, $2,000,000. 
(xiii) Fort Lauderdale—West Palm Beach—^Miami 
Tri-County Commuter Rail, $20,000,000. 
(xiv) 
Miami—East-West 
Multimodal 
Corridor, 
$20,000,000. 
(xv) Chicago—CTA Douglas Branch, $315,000,000. 
(xvi) 
Indianapolis 
Region 
Commuter 
Rail, 
$10,000,000. 
(xvii) Sioux City—Light Rail, $10,000,000. 
(xviii) MARC—Commuter Rail 
Improvements, 
$185,000,000. 
(xix) 
Baltimore—Light 
Rail 
Double 
Track, 
$120,000,000. 
(xx) Boston—^North Shore Corridor and Blue Line 
Extension to Beverly, $50,000,000. 
(xxi) 
Twin 
Cities—^Transitways 
Corridors, 
$120,000,000. 
(xxii) Twin Cities—^Northstar Corridor (Downtown 
Minneapolis—Anoka County—St. Cloud), $6,000,000. 
(xxiii) 1-35 Commuter Rail, $30,000,000. 
(xxiv) Las Vegas Corridor, $155,000,000. 
(xxv) New Jersey—Bergen County Cross County 
Light Rail, $5,000,000. 
(xxvi) New Jersey—^Trans Hudson Midtown Cor-
ridor, $5,000,000. 
(xxvii) Santa Fe—Eldorado Rail Link, $10,000,000. 
(xxviii) Albuquerque Alvarado Intermodal Center, 
$5,000,000. 
(xxix) Albuquerque Light Rail, $90,000,000. 
(xxx) New York—^Long Island Railroad East Side 
Access, $353,000,000. 
(xxxi) 
New 
York—Second 
Avenue 
Subway, 
$5,000,000. 
(xxxii) New York—^Whitehall Ferry Terminal, 
$40,000,000. 
(xxxiii) New York—St. George's Ferry Intermodal 
Terminal, $20,000,000. 
(xxxiv) New York—Nassau Hub, $10,000,000. 
(xxxv) New Jersey—^New York Midtown West 
Ferry Terminal, $16,300,000. 
(xxxvi) Cincinnati/Northern Kentucky Corridor, 
$65,000,000. 
(xxxvii) 
Portland 
South—^North 
Corridor, 
$25,000,000. 
(xxxviii) Philadelphia—Schuylkill Valley Metro, 
$75,000,000. 
(xxxix) Allegheny County Stage II Light Rail, 
$100,200,000. 
(xl) Philadelphia—Pittsburgh High Speed Rail, 
$10,000,000. 
(xli) Cumberland/Dauphin County Corridor 1 Com-
muter Rail, $20,000,000. 
(xlii) Pittsburgh North Shore—Central Business 
District, $20,000,000. 
112 STAT. 378 
PUBLIC LAW 105-178—JUNE 9, 1998 
(xliii) Providence—Boston Commuter, $10,000,000. 
(xliv) 
Rhode 
Island 
Integrated 
Intermodal 
Transportation, $25,000,000. 
(xlv) 
Dallas—North 
Central 
Extension, 
$188,000,000. 
(xlvi) Dallas—Southeast Corridor, $20,000,000. 
(xlvii) Dallas—Northwest Corridor, $12,000,000. 
(xlviii) Washington, D.C., Dulles Corridor Exten-
sion, $86,000,000. 
(xlix) 
Seattle—Tacoma 
Commuter 
Rail, 
$40,000,000. 
(1) San Joaquin Regional Intermodal Corridor, 
$14,000,000. 
(li) Railtran Corridor Light Rail, $12,000,000. 
(B) The remainder shall be available for projects listed 
in subsections (a) and (b). 
(2) ADDITIONAL FUNDS.— 
(A) IN GENERAL.—^The total amount authorized in sec-
tion 5338(h)(5) of title 49, United States Code, for fiscal 
years 1999 through 2003 shall be available for projects 
listed in subsections (a) and (b). 
(B) PRIORITY FOR SALT LAKE CITY OLYMPICS.— 
(i) IN GENERAL.—Of the amount authorized to be 
appropriated under section 5338(h)(5), $640,000,000 is 
authorized to be appropriated for the Salt Lake City 
Winter Olympic Games for the following projects: 
(I) North/South Light Rail. 
(II) Airport to University of Utah Light Rail. 
(III) Intermodal Facilities. 
(IV) Park and Ride Lots. 
(V) Bus Acquisition. 
(ii) GOVERNMENT SHARE.—^The Government share 
of the costs of projects assisted under this subpara-
graph shall not exceed 80 percent. For purposes of 
determining the nongovernmental share for projects 
authorized under this subparagraph, highway, avia-
tion, and transit projects shall be considered to be 
a program of projects. 
(iii) USE OF FUNDS.—Funds provided under this 
subparagraph shall be available for planning and cap-
ital assistance. 
(3) HIGH PRIORITY PROJECT.—^The Long Island Rail Road 
East Side Access project shall be given priority consideration 
by the Secretary for funds made available under paragraph 
(1)(B). In addition, that project is authorized for construction 
with funds available under section 5338(h)(5) of title 49, United 
States Code. 
(d) EFFECT OF AUTHORIZATION.— 
(1) IN GENERAL.— 
(A) SUBSECTION (a) PROJECTS.—^Projects authorized by 
subsection (a) for final design and construction are also 
authorized 
for alternatives 
analysis and 
preliminary 
engineering. 
Effective date. 
(B) SUBSECTION (b) PROJECTS.—Effective October 1, 
2000, projects authorized by subsection (b) for alternatives 
analysis and preliminary engineering are also authorized 
for final design and construction. 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 379 
(2) FIXED GUIDEWAY AUTHORIZATION.—^The project author-
ized by subsection (a)(3) includes an additional 28 rapid rail 
cars and project scope changes from amounts authorized by 
the Intermodal Surface Transportation Efficiency Act of 1991. 
(3) INTERMODAL CENTER AUTHORIZATIONS.—^Notwithstand-
ing any other provision of law, each of the following projects 
are eligible for funding under section 5309(m)(l)(C) of title 
49, United States Code: 
(A) Huntington, West Virginia Intermodal Facility 
project. 
(B) Huntsville Intermodal Center project, 
(e) NEW JERSEY URBAN CORE PROJECT.— 
(1) ALLOCATIONS.—Section 3031(a) of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (105 Stat. 2122) 
is amended by adding at the end the following: 
"(3) ALLOCATIONS.— 
"(A) RAIL CONNECTION BETWEEN PENN STATION NEWARK 
AND 
BROAD STREET STATION, NEWARK.—Of the a m o u n t s 
made available for the New Jersey Urban Core Project 
under section 5309(m)(l)(B) of title 49, United States Code, 
for fiscal years 1998 through 2003, the Secretary shall 
set aside 10 percent, but not more than $5,000,000, per 
fiscal year for preliminary engineering, design, and 
construction of the rail connection between Penn Station, 
Newark and Broad Street Station, Newark. 
"(B) NEWARK-NEWARK INTERNATIONAL AIRPORT-ELIZA-
BETH TRANSIT LINK.—Of the amounts made available for 
the New Jersey Urban 
Core Project under 
section 
5309(m)(l)(B) of title 49, United States Code, for fiscal 
years 1998 through 2003, the Secretary, after making the 
set aside under subparagraph (A), shall set aside 10 per-
cent, but not more than $5,000,000 per fiscal year for 
preliminary engineering, design, and construction of the 
Newark-Newark International Airport-Elizabeth Transit 
Link, including construction of the auxiliary New Jersey 
Transit station, described in subsection (d). 
"(C) LIGHT RAIL CONNECTION AND ALIGNMENT WITHIN 
AND SERVING THE CITY OF ELIZABETH.—Of the amounts 
made available for the New Jersey Urban Core Project 
under section 5309(m)(l)(B) of title 49, United States Code, 
for fiscal years 1998 through 2003, the Secretary, after 
making the set-aside under subparagraphs (A) and (B), 
shall set aside 10 percent but not more than $5,000,000 
per fiscal year for preliminary engineering, design, and 
construction of the light rail connection and alignment 
within and serving the city of Elizabeth as described in 
subsection (d).". 
(2) CONFORMING 
AMENDMENTS.—Section 3031(c) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 
Stat. 2122) is amended— 
(A) by striking "section 3(i) of the Federal Transit 
Act (relating to criteria for new starts)" and inserting "sec-
tion 5309(e) of title 49, United States Code,"; and 
(B) by striking "; except" and all that follows through 
"such element". 
112 STAT. 380 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(3) ELEMENTS OF NEW JERSEY URBAN CORE PROJECT.—Sec-
tion 3031(d) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 2122) is amended— 
(A) by inserting after "Secaucus Transfer" the follow-
ing: "(including relocation and construction of the Bergen 
County and Pascack Valley Rail Lines and the relocation 
of the Main/Bergen Connection with construction of a rail 
station and associated components to and at the contiguous 
New Jersey Meadowlands Sports Complex)"; 
(B) by striking ", Newark-Newark International Air-
port-Elizabeth Transit Link" and inserting "(including a 
connection from the Vince Lombardi Station to Saddlebrook 
and Edgewater), restoration of commuter rail service along 
the Northern Branch Line of the West Shore Line, Newark-
Newark 
International 
Airport-Elizabeth 
Transit 
Link 
(including construction of an auxiliary New Jersey Light 
Rail Transit station directly connected to and integrated 
with the Amtrak Northeast Corridor Station at Newark 
International Airport, providing access from the Newark-
Newark International Airport-Elizabeth Light Rail Transit 
Link to the Newark International Airport)"; and 
(C) by inserting after "New York Penn Station Con-
course," the following: "the restoration of commuter rail 
service in Lakewood to Freehold to Matawan or Jamesburg, 
New Jersey, as described in section 3035(p) of the Inter-
modal Surface Transportation Efficiency Act of 1991 (105 
Stat. 2131), a light rail extension of the Newark-Newark 
International Airport-Elizabeth Light Rail Transit Link 
from Elizabeth, New Jersey, to the towns of Cranford, 
Westfield, Fanwood, and Plainfield in Union County, New 
Jersey, and any appropriate light rail connections and 
alignments within the city of Elizabeth to be determined 
by the city of Elizabeth and the New Jersey Department 
of Transportation (and which shall include connecting mid-
town Elizabeth to Route 1 Park and Ride, the Elizabeth 
Car House Museum, Division Street, Singer Place, Ferry 
Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D 
at Newark Airport) and any appropriate fixed guideway 
system in Passaic County,". 
(f) Los ANGELES M O S - 3 PROJECT.— 
(1) IN GENERAL.—^For purposes of this section, the Los 
Angeles MOS-3 project referenced in subsection (a)(38) may 
include any fixed guideway project or projects selected by the 
Los Angeles County Metropolitan Transportation Authority for 
development in the transportation corridors to be served by 
the 3 extensions of MOS-3 of the Los Angeles County Metro 
Rail project, as described in section 3034(i) of the Intermodal 
Surface Transportation Efficiency Act of 1991. 
(2) ALTERNATIVES.—In considering fixed guideway alter-
natives and selecting any revised preferred alternative in the 
East Side or Mid City corridors of MOS-3, the Los Angeles 
County Metropolitan Transportation Authority shall— 
(A) fully evaluate the potential impact of the alter-
natives on the integrity of the neighborhoods in the corridor 
involved; 
(B) address the capacity of the alternatives to serve 
transit dependent riders; 
PUBLIC LAW 105-178-^n;NE 9, 1998 
112 STAT. 381 
(C) identify and address any disproportionately high 
and adverse effects on minority and low income popu-
lations, in accordance with the Executive Order on Federal 
Actions to Address Environmental Justice (EO 12898; Feb-
ruary 11, 1994); and 
(D) otherwise comply with all applicable Federal and 
State planning and environmental requirements. 
(g) BALTIMORE-WASHINGTON TRANSPORTATION IMPROVEMENTS 
PROGRAM.—Section 3035(nn) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2134) is amended— 
(1) in paragraph (1)— 
(A) by inserting ", and alternatives for double tracking 
and related improvements" after "Penn Station extensions"; 
(B) by inserting "shall provide for double tracking and 
related improvements and" after "under this paragraph"; 
and 
(C) by inserting after the first sentence the following: 
"Funds for projects under this paragraph shall be provided 
at an 80 percent Grovemment share. In applying the local 
share evaluation criteria in section 5309, of title 49, United 
States Code, the Secretary shall compare the aggregate 
expenditure of State and local funds, including Federal 
highway funds provided by the State of Maryland, for 
all phases of the Central Corridor Light Rail project."; 
and 
(2) in paragraph (2)— 
(A) in the first sentence, by inserting ", including capac-
ity and efficiency improvements through construction of 
a Penn-Camden Connection, MARC maintenance and stor-
age facilities, and other capacity related improvements, 
and the Silver Spring Intermodal Center" before the period; 
and 
(B) in the second sentence, by inserting "provide for 
construction of the Penn-Camden Connection, MARC 
maintenance and storage facilities, and other capacity 
related improvements, and the Silver Spring Intermodal 
Center, and shall" after "shall". 
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACIUTIES. 
(a) GUARANTEEBT FUNDING.—Of the amounts made available 
to carry out section 5309(m)(l)(C) of title 49, United States Code, 
for each of fiscal years 1999 and 2000, the Secretary shall make 
funds available for the following projects in not less than the 
amounts specified for the fiscal year: 
Project 
1. 
Albuquerque, NM buses 
2. 
Alexandria, VA bus maintenance facility 
3. 
Alexandria, VA King Street Station access 
4. 
Altoona, PA Metro Transit Authority buses and 
transit system improvements 
5. 
Altoona, PA Metro Transit Authority Logan 
Valley Mall Suburban Transfer Center 
6. 
Altoona, PA Metro Transit Authority Transit 
7. 
Aricansas Highway and Transit Department 
FY 1999 (in 
millions) 
1.250 
1.000 
1.100 
0.842 
0.080 
0.424 
0.200 
FY 2000 (in 
millions) 
1.250 
1.000 
0.000 
0.842 
0.000 
0.000 
2.000 
112 STAT. 382 
PUBLIC LAW 105-178-^JUNE 9, 1998 
Project 
FY 1999 (in 
millions) 
0.150 
9.000 
1.250 
1.250 
1.250 
0.625 
1.000 
0.225 
0.800 
1.000 
2.000 
1.000 
0.575 
1.250 
0.300 
1.000 
1.000 
.800 
0.625 
0.500 
1.250 
0.625 
0.625 
2.500 
1.000 
0.500 
0.500 
0.521 
0.100 
i:ooo 
1.950 
1.270 
0.500 
0.885 
1.250 
0.600 
3.340 
1.500 
0.321 
0.800 
1.000 
2.250 
0.560 
1.000 
8.000 
FY 2000 (in 
millions) 
0.150 
13.500 
1.250 
1.250 
1.250 
0.625 
0.000 
0.000 
0.000 
0.000 
2.000 
0.000 
0.575 
1.250 
0.000 
0.000 
1.000 
0.000 
0.625 
0.000 
1.250 
0.625 
0.625 
2.500 
1.000 
0.500 
0.500 
0.521 
0.000 
1.000 
1.950 
1.270 
0.500 
0.885 
1.250 
0.000 
3.339 
1.500 
0.000 
0.000 
1.000 
2.250 
0.560 
0.000 
12.000 
8. 
Armstrong County-Mid County, PA bus facili-
ties and buses 
9. 
Atlanta, GA MARTA buses 
10. 
Austin, TX buses 
11. 
Babylon, NY Intermodal Center 
12. 
Birmingham-Jefferson County, AL buses 
13. 
Boulder/Denver, CO RTD buses 
14. 
Bradford County, Endless Mountain Transpor-
tation Authority buses 
15. 
Brookhaven Town, NY elderly and disabled 
buses and vans 
.
• 
16. 
Brooklyn-Staten Island, NY Mobility Enhance-
ment buses 
17. 
Broward County, FL buses 
18. 
Buffalo, NY Auditorium Intermodal Center 
19. 
Buffalo, NY Crossroads Intermodal Station 
20. 
Cambria County, PA bus facilities and buses .... 
21. 
Centre Area, PA Transportation 
Authority 
buses 
22. 
Chambersburg, PA Transit Authority buses 
23. 
Chambersburg, PA Transit Authority Inter-
modal Center 
24. 
Chester County, PA Paoli Transportation Cen-
ter 
25. 
Altoona, PA Pedestrian Crossover 
26. 
Cleveland, OH Triskett Garage bus mainte-
nance facility 
27. 
Crawford Area, PA Transportation buses 
28. 
Culver City, CA CityBus buses 
29. 
Davis, CA Unitrans transit maintenance facil-
ity 
30. 
Dayton, OH Multimodal Transportation Center 
31. 
Daytona, FL Intermodal Center 
32. 
Duluth, MN Transit Authority community cir-
culation vehicles 
33. 
Duluth, 
MN 
Transit 
Authority 
intelligent 
transportation systems 
34. 
Duluth, MN Transit Authority Transit Hub 
35. 
Dutchess County, NY Loop System buses 
36. 
East Hampton, NY elderly and disabled buses 
and vans 
37. 
Erie, PA Metropolitan Transit Authority buses 
38. 
Everett, WA Multimodal Transportation Center 
39. 
Fayette County, PA Intermodal Facilities and 
buses 
40. 
Fayetteville, AR University of Arkansas Transit 
System buses 
41. 
Fort Dodge, lA Intermodal Facility (Phase II) ... 
42. 
Gary, IN Transit Consortium buses 
43. 
Grant County, WA buses and vans 
44. 
Greensboro, NC Multimodal Center 
45. 
Greensboro, NC Transit Authority buses 
46. 
Greensboro, NC Transit Authority small buses 
and vans 
47. 
Hartford, CT Transportation Access Project 
48. 
Healdsburg, CA Intermodal Facility 
49. 
Honolulu, HI bus facility and buses 
50. 
Hot Springs, AR Transportation Depot and 
Plaza 
51. 
Humboldt, CA Intermodal Facility 
52. 
Huntington, WV Intermodal Facility 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 383 
Project 
FY 1999 (in 
millions) 
FY 2000 (in 
millions) 
53. 
Illinois statewide buses and bus-related equip-
ment 
54. 
Indianapolis, IN buses 
55. 
Iowa/Illinois Transit Consortium bus safety and 
security 
56. 
Ithaca, NY TCAT bus technology improvements 
57. 
Lackawanna County, PA Transit System buses 
58. 
Lakeland, FL Citrus Connection transit vehi-
cles and related equipment 
59. 
Lane County, OR Bus Rapid Transit 
60. 
Lansing, MI CATA bus technology improve-
ments 
61. 
Little Rock, AR Central Arkansas Transit 
buses 
62. 
Livermore, CA automatic vehicle locator 
63. 
Long Island, NY CNG transit vehicles and fa-
cilities 
64. 
Los Angeles County, CA Foothill Transit buses 
65. 
New York, NY West 72nd St. Intermodal Sta-
tion 
66. 
Los Angeles, CA San Fernando Valley smart 
shuttle buses 
67. 
Los Angeles, CA Union Station Gateway Inter-
modal Transit Center 
68. 
Maryland statewide bus facilities and buses 
69. 
Rensslear, NY Rensslear Intermodal Bus Facil-
ity 
70. 
Mercer County, PA buses 
71. 
Miami Beach, FL Electric Shuttle Service 
72. 
Miami-Dade, FL buses 
73. 
Michigan statewide buses 
74. 
Milwaukee County, WI buses 
75. 
Mineola/Hicksville, NY LIRR Intermodal Cen-
ters 
76. 
Modesto, CA bus maintenance facility 
77. 
Monroe County, PA Transportation Authority 
buses 
78. 
Monterey, CA Monterey-Salinas buses 
79. 
Morongo Basin, CA Transit Authority bus facil-
ity 
80. 
New Haven, CT bus facility 
81. 
New Jersey Transit jitney shuttle buses 
82. 
Newark, NJ Morris & Essex Station access and 
buses 
83. 
Northstar Corridor, MN Intermodal Facilities 
and buses 
84. 
Norwich, CT buses 
85. 
Ogden, UT Intermodal Center 
86. 
Oklahoma statewide bus facilities and buses .... 
87. 
Orlando, FL Downtown Intermodal Facility 
88. 
Providence, RI buses and bus maintenance fa-
cility 
89. 
Perris, CA bus maintenance facility 
90. 
Philadelphia, 
PA Frankford 
Transportation 
Center 
91. 
Philadelphia, PA Intermodal 30th Street Sta-
tion 
92. 
Portland, OR Tri-Met buses 
93. 
Pritchard, AL bus transfer facility 
94. 
Reading, PA BARTA Intermodal 
Transpor-
tation Facility 
6.800 
5.000 
1.000 
1.250 
0.600 
1.250 
4.400 
0.600 
0.300 
1.000 
1.250 
1.625 
L750 
0.300 
8.200 
5.000 
1.000 
1.250 
0.600 
1.250 
4.400 
0.000 
0.300 
1.000 
1.250 
1.250 
1.750 
0.000 
1.250 
7.000 
1.000 
0.750 
0.750 
2.250 
10.000 
4.000 
1.250 
0.625 
1.000 
0.625 
0.650 
2.250 
1.750 
1.250 
6.000 
2.250 
0.800 
5.000 
2.500 
2.250 
1.250 
5.000 
1.250 
1.750 
0.500 
1.250 
11.500 
6.000 
0.000 
0.750 
2.250 
13.500 
6.000 
1.250 
0.625 
0.000 
0.625 
0.000 
2.250 
1.750 
1.250 
10.000 
2.250 
0.800 
5.000 
2.500 
3.294 
1.250 
5.000 
1.250 
1.750 
0.000 
1.750 
1.750 
112 STAT. 384 
PUBLIC LAW 105-178—JUNE 9, 1998 
Project 
FY 1999 (in 
millions) 
1.000 
1.250 
0.125 
1.500 
0.400 
1.250 
1.250 
0.600 
1.250 
0.625 
0.750 
1.250 
0.100 
0.125 
0.175 
1.250 
1.250 
1.220 
1.500 
0.125 
0.100 
1.250 
1.250 
1.250 
0.100 
4.000 
1.500 
1.000 
0.500 
1.500 
6.500 
2.100 
0.500 
0.630 
2.500 
2.250 
2.250 
5.000 
0.979 
1.000 
1.250 
FY 2000 (in 
millions) 
0.000 
1.250 
0.000 
1.500 
0.000 
1.250 
1.250 
0.600 
1.250 
0.625 
0.750 
1.250 
0.000 
0.000 
0.175 
1.250 
1.250 
1.220 
1.500 
0.000 
0.000 
1.250 
1.250 
1.250 
0.000 
4.500 
1.500 
0.000 
0.000 
1.500 
6.500 
2.100 
0.000 
0.630 
2.500 
2.250 
2.250 
5.000 
0.979 
1.000 
1.250 
95. 
Red Rose, PA Transit Bus Terminal 
96. 
Richmond, VA GRTC bus maintenance facility 
97. 
Riverhead, NY elderly and disabled buses and 
vans 
98. 
Robinson, PA Towne Center Intermodal Facil-
ity 
99. 
Rome, NY Intermodal Center 
100. 
Sacramento, CA CNG buses 
101. 
San Francisco, CA Islais Creek Maintenance 
Facility 
102. 
San Juan, Puerto Rico Intermodal access 
103. 
Santa Clarita, CA facilities and buses 
104. 
Santa Cruz, CA bus facility 
105. 
Santa Rosa/Cotati, CA Intermodal Transpor-
tation Facilities 
106. 
Seattle, WA Intermodal Transportation Termi-
nal 
107. 
Shelter Island, NY elderly and disabled buses 
and vans 
108. 
Smithtown, NY elderly and disabled buses and 
vans 
109. 
Somerset County, PA bus facilities and buses ... 
110. 
South Amboy, NJ Regional Intermodal Trans-
portation Initiative 
111. 
South Bend, IN Urban Intermodal Transpor-
tation Facility 
112. 
South Carolina statewide Virtual Transit En-
terprise 
113. 
South Dakota statewide bus facilities and buses 
114. 
Southampton, NY elderly and disabled buses 
and vans 
115. 
Southold, NY elderly and disabled buses and 
vans 
116. 
Springfield, MA Union Station 
117. 
St. Louis, MO Bi-state Intermodal Center 
118. 
Denver, CO Stapleton Intermodal Center 
119. 
Suffolk County, NY elderly and disabled buses 
and vans 
120. 
Texas statewide small urban and rural buses ... 
121. 
Towamencin Township, PA Intermodal Bus 
Transportation Center 
122. 
Tuscaloosa, AL Intermodal Center 
123. 
Ukiah, CA Transportation Center 
124. 
Utah Transit Authority, UT Intermodal Facili-
ties 
125. 
Utah Transit Authority/Park City Transit, UT 
buses 
126. 
Utica, NY Union Station 
127. 
Utica and Rome, NY bus facilities and buses .... 
128. 
Washington County, PA Intermodal Facilities .. 
129. 
Washington, D.C. Intermodal Transportation 
Center 
130. 
Washoe County, NV transit improvements 
131. 
Waterbury, CT bus facility 
132. 
West Virginia statewide Intermodal Facility 
and buses 
133. 
Westchester County, NY Bee-Line transit sys-
tem fareboxes 
134. 
Westchester County, NY Bee-Line transit sys-
tem shuttle buses 
135. 
Westchester County, NY DOT articulated buses 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 385 
Project 
136. 
Westmoreland County, PA Intermodal Facility 
137. 
Wilkes-Barre, PA Intermodal Facility 
138. 
Williamsport, PA Bus Facility 
139. 
Windsor, CA Intermodal Facility 
140. 
Wisconsin statewide bus facilities and buses 
141. 
Woodland Hills, CA Warner Center Transpor-
tation Hub 
142. 
Worcester, 
MA Union 
Station 
Intermodal 
143. 
Lynchburg, VA buses 
144. 
Harrisonburg, VA buses 
145. 
Roanoke, VA buses 
146. 
Allegheny County, PA buses 
147. 
Mount Vernon, WA Multimodal Center 
148. 
New Bedford/Fall River, MA Mobile Access to 
health care 
149. 
Philadelphia, PA Regional Transportation Sys-
tem for Elderly and Disabled 
150. 
Clark County, NV Regional Transportation 
FY 1999 (in 
millions) 
0.200 
1.250 
1.200 
0.750 
8.000 
0.325 
2.500 
0.200 
0.200 
0.200 
0.000 
1.750 
0.250 
0.750 
1.250 
FY 2000 (in 
millions) 
0.200 
1.250 
1.200 
0.750 
12.000 
0.625 
2.500 
0.000 
0.000 
0.000 
1.500 
1.750 
0.000 
0.000 
1.250 
(b) GENERAL FUND AUTHORIZATION.—Of the amounts author-
ized to be appropriated to carry out section 5309(m)(l)(C) of title 
49, United States Code, for each of fiscal years 1999 and 2000, 
there are authorized to be appropriated for the following projects: 
Project 
1. 
Everett, WA Multimodal Transportation Center 
2. 
Rennslear, NY Rennslear Intermodal Bus Facil-
ity 
3. 
Rochester, NY Rochester Central Bus Facility .. 
4. 
Long Beach, NY Long Beach Central Bus Facil-
ity 
5. 
Broome County, NY Buses and Related Equip-
ment 
6. 
Long Island, NY CNG Transit Vehicles and Fa-
cilities 
FY 1999 (in 
millions) 
1.000 
4.000 
12.500 
0.750 
2.700 
3.050 
FY 2000 (in 
millions) 
1.000 
0.000 
12.500 
0.750 
2.700 
3.050 
SEC. 3032. CONTRACTING OUT STUDY. 
(a) STUDY.—^Not later than 3 months after the date of enactment 
of this Act, the Secretary shall enter into an agreement with the 
Transportation Research Board of the National Academy of Sciences 
to conduct a study of the effect of contracting out mass transpor-
tation operation and administrative functions on cost, availability 
and level of service, efficiency, safety, quality of services provided 
to transit-dependent populations, and employer-employee relations. 
(b) TERMS OF AGREEMENT.—^The agreement entered into in 
subsection (a) shall provide that— 
(1) the Transportation Research Board, in conducting the 
study, consider the number of grant recipients that have con-
tracted out services, the size of the population served by such 
grant recipients, the basis for decisions regarding contracting 
out, and the extent to which contracting out was affected by 
the integration and coordination of resources of transit agencies 
and other Federal agencies and programs; and 
49 u s e 5301 
note. 
112 STAT. 386 
PUBLIC LAW 105-178-^UNE 9, 1998 
(2) the panel conducting the study shall include representa-
tives of transit agencies, employees of transit agencies, private 
contractors, academic and policy analysts, and other interested 
persons. 
(c) REPORT.—^Not later than 24 months after the date of entry 
into the agreement under subsection (a), the Secretary shall trans-
mit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate a report containing the results 
of the study. 
(d) FUNDING.—^There shall be available from the Mass Transit 
Account of the Highway Trust Fund to carry out this section 
$250,000 for fiscal year 1998. 
(e) CONTRACTUAL OBLIGATION.—^Entry into an agreement to 
carry out this section that is financed with amounts made available 
under subsection (c) is a contractual obligation of the United States 
to pay the Government's share of the cost of the study. 
49 use 5336 
SEC. 3033. URBANIZED AREA FORMULA STUDY. 
(a) STUDY.—^The Secretary shall conduct a study to determine 
whether the formula for apportioning funds to urbanized areas 
under section 5336 of title 49, United States Code, accurately 
reflects the transit needs of the urbanized areas and, if not, whether 
any changes should be made either to the formula or through 
some other mechanism to reflect the fact that some urbanized 
areas with a population between 50,000 and 200,000 have transit 
systems that carry more passengers per mile or hour than the 
average of those transit systems in urbanized areas with a popu-
lation over 200,000. 
(b) REPORT.—^Not later than December 31, 1999, the Secretary 
shall transmit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate a report on the 
results of the study conducted under this section, together with 
any proposed changes to the method for apportioning funds to 
urbanized areas with a population over 50,000. 
49 use 301 note. 
SEC. 3034. COORDINATED TRANSPORTATION SERVICES. 
(a) STUDY.—The Comptroller General shall conduct a study 
of Federal departments and agencies (other than the Department 
of Transportation) that receive Federal financial assistance for non-
emergency transportation services. 
(b) CONTENTS.—In conducting the study, the Comptroller Gen-
eral shall— 
(1) identify each Federal department and agency (other 
than the Department of Transportation) that has received Fed-
eral financial assistance for non-emergency transportation serv-
ices in any of the 3 fiscal years preceding the date of enactment 
of this Act; 
(2) identify the amount of such assistance received by each 
Federal department and agency in such fiscal years; and 
(3) identify the projects and activities funded using such 
financial assistance. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Banking, Housing, and Urban Affairs 
of the Senate a report containing the results of the study and 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 387 
any recommendations for enhanced coordination between the 
Department of Transportation and other Federal departments and 
agencies that provide funding for non-emergency transportation, 
SEC. 3035. FINAL ASSEMBLY OF BUSES. 
49 USC 5323 
(a) IN GENERAL,—^All buses manufactured on or after September 
1, 1999, that are purchased with Federal funds by recipients of 
assistance from the Federal Transit Administration shall conform 
with the Federal Transit Administration Guidance on Buy America 
Requirements, dated March 18, 1997. 
(b) RULE OF CONSTRUCTION.—For purposes of this section, a 
bus shall be considered to be manufactured on or after September 
1, 1999, if the manufacturing process for that bus is not completed 
on or before August 31, 1999, 
SEC. 3036. CLEAN FUEL VEHICLES. 
49 USC 5308 
(a) STUDY,—^The Comptroller General shall conduct a study 
of the various low and zero emission fuel technologies for transit 
vehicles, including compressed natural gas, liquefied natural gas, 
biodiesel fuel, battery, alcohol based fuel, hybrid electric, fuel cell, 
and clean diesel to determine— 
(1) the status of the development and use of such tech-
nologies; 
(2) the environmental benefits of such technologies under 
the Clean Air Act; and 
(3) the cost of such technologies and any associated equip-
ment. 
(b) REPORT.—^Not later than January 1, 2000, the Comptroller 
Greneral shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the Senate a report 
on the results of the study, together with recommendations for 
incentives to encourage the use of low and zero emission fuel 
technology for transit vehicles, 
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS. 
49 USC 5309 
(a) FINDINGS.—Congress finds that— 
^°^' 
(1) two-thirds of all new jobs are in the suburbs, whereas 
three-quarters of welfare recipients live in rural areas or central 
cities; 
(2) even in metropolitan areas with excellent public transit 
systems, less than half of the jobs are accessible by transit; 
(3) in 1991, the median price of a new car was equivalent 
to 25 weeks of salary for the average worker, and considerably 
more for the low-income worker; 
(4) not less than 9,000,000 households and 10,000,000 
Americans of driving age, most of whom are low-income work-
ers, do not own cars; 
(5) 94 percent of welfare recipients do not own cars; 
(6) nearly 40 percent of workers with annual incomes below 
$10,000 do not commute by car; 
(7) many of the 2,000,000 Americans who will have their 
Temporary Assistance to Needy Families grants (under the 
State program funded under part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.)) terminated by the year 
2002 will be unable to get to jobs they could otherwise hold; 
(8) increasing the transit options for low-income workers, 
especially those who are receiving or who have recently received 
112 STAT. 388 
PUBLIC LAW 105-178-JUNE 9, 1998 
welfare benefits, will increase the likelihood of those workers 
getting and keeping jobs; and 
(9) many residents of cities and rural areas would like 
to take advantage of mass transit to gain access to suburban 
emplo3mient opportunities. 
(b) DEFINITIONS.—In this section, the following definitions shall 
apply: 
(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term "eligible 
low-income individual" means an individual whose family 
income is at or below 150 percent of the poverty line (as 
that term is defined in section 673(2) of the Community Services 
Block Grant Act (42 U.S.C. 9902(2)), including any revision 
required by that section) for a family of the size involved. 
(2) ELIGIBLE PROJECT AND RELATED TERMS.— 
(A) IN GENERAL.—^The term "eligible project" means 
an access to jobs priaject or a reverse commute project. 
(B) ACCESS TO JOBS PROJECT.—^The term "access to 
jobs project" means a project relating to the development 
of transportation services designed to transport welfare 
recipients and eligible low-income individuals to and from 
jobs and activities related to their employment. The Sec-
retary may make access to jobs grants for— 
(i) capital projects and to finance operating costs 
of equipment, facilities, and associated capital mainte-
nance items related to providing access to jobs under 
this section; 
(ii) promoting the use of transit by workers with 
nontraditional work schedules; 
(iii) promoting the use by appropriate agencies 
of transit vouchers for welfare recipients and eligible 
low-income individuals luider specific terms and condi-
tions developed by the Secretary; and 
(iv) promoting the 
use of employer-provided 
transportation, including the transit pass benefit pro-
gram under section 132 of the Internal Revenue Code 
of 1986. 
(C) REVERSE COMMUTE PROJECT.—^The term "reverse 
commute project" means a project related to the develop-
ment of transportation services designed to transport resi-
dents of urban areas, urbanized areas, and areas other 
than urbanized areas to suburban employment opportuni-
ties, including any project to— 
(i) subsidize the costs associated with adding 
reverse commute bus, train, carpool, van routes, or 
service from urban areas, urbanized areas, and areas 
other than urbanized areas, to suburban workplaces; 
(ii) subsidize the purchase or lease by a nonprofit 
organization or public agency of a van or bus dedicated 
to shuttling employees from their residences to a subur-
ban workplace; or 
(iii) otherwise facilitate the provision of mass 
transportation 
services 
to 
suburban 
employment 
opportunities. 
(3) 
EXISTING TRANSPORTATION SERVICE PROVIDERS.—The 
term "existing transportation service providers" means mass 
PUBLIC LAW 105-17&-JUNE 9, 1998 
112 STAT. 389 
transportation operators and governmental agencies and non-
profit organizations that receive assistance from Federal, State, 
or local sources for nonemergency transportation services. 
(4) 
QUALIFIED 
ENTITY.—The 
term 
"qualified 
entity" 
means— 
(A) with respect to any proposed eligible project in 
an urbanized area with a population of at least 200,000, 
the applicant or applicants selected by the appropriate 
metropolitan planning organization that meets the require-
ments of this section, including the planning and coordina-
tion requirements in subsection (i), from among local 
governmental authorities and agencies and 
nonprofit 
organizations; and 
(B) with respect to any proposed eligible project in 
an urbanized area with a population of at least 200,000, 
or an area other than an urbanized area, the applicant 
or applicants selected by the chief executive ofRcer of the 
State in which the area is located that meets the require-
ments of this section, including the planning and coordina-
tion requirements in subsection (i), from among local 
governmental authorities and nonprofit organizations. 
(5) WELFARE RECIPIENT.—The term "welfare recipient" 
means an individual who receives or received aid or assistance 
under a State program funded under part A of title IV of 
the Social Security Act (whether in effect before or after the 
effective date of the amendments made by title I of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(Public Law 104-193; 110 Stat. 2110)) at any time during 
the 3-year period before the date on which the applicant applies 
for a grant under this section. 
. 
(c) GENERAL AUTHORITY.— 
(1) IN GENERAL.—^The Secretary may make access to jobs 
grants and reverse commute grants under this section to assist 
qualified entities in financing eligible projects. 
(2) COORDINATION.—^The Secretary shall coordinate activi-
ties under this section with related activities under programs 
of other Federal departments and agencies. 
(d) APPLICATIONS.—Each qualified entity seeking to receive a 
grant under this section for an eligible project shall submit to 
the Secretary an application in such form and in accordance with 
such requirements as the Secretary shall establish. 
(e) PROHIBITION.—Grants awarded under this section may not 
be used for planning or coordination activities. 
(f) FACTORS FOR CONSIDERATION.—In awarding grants under 
this section to applicants under subsection (d), the Secretary shall 
consider— 
(1) the percentage of the population in the area to be 
served by the applicant that are welfare recipients; 
(2) in the case of an applicant seeking assistance to finance 
an access to jobs project, the need for additional services in 
the area to be served by the applicant (including bicycling) 
to transport welfare recipients and eligible low-income individ-
uals to and from specified jobs, training, and other emplo3nnent 
support services, and the extent to which the proposed services 
will address those needs; 
(3) the extent to which the applicant demonstrates— 
112 STAT. 390 
PUBLIC LAW 105-178—JUNE 9, 1998 
(A) coordination with, and the financial commitment 
of, existing transportation service providers; and 
(B) coordination with the State agency that administers 
the State program fimded under part A of title IV of 
the Social Security Act; 
(4) the extent to which the applicant demonstrates maxi-
mum utilization of existing transportation service providers 
and expands transit networks or hours of service, or both; 
(5) the extent to which the applicant demonstrates an 
innovative approach that is responsive to identified service 
needs; 
(6) the extent to which the applicant— 
(A) in the case of an applicant seeking assistance to 
finance 
an access to jobs project, presents a regional 
transportation plan for addressing the transportation needs 
of welfare recipients and eligible low-income individuals; 
and 
(B) identifies long-term financing strategies to support 
the services under this section; 
(7) the extent to which the applicant demonstrates that 
the community to be served has been consulted in the planning 
process; and 
(8) in the case of an applicant seeking assistance to finance 
a reverse commute project, the need for additional services 
identified in a regional transportation plan to transport individ-
uals to suburban employment opportunities, and the extent 
to which the proposed services will address those needs. 
(g) COMPETITIVE GRANT SELECTION.—^The Secretary shall con-
duct a national solicitation for applications for grants under this 
section. Grantees shall be selected on a competitive basis. 
(h) COST SHARING.— 
(1) MAXIMUM AMOUNT.—^The amount of a grant under this 
section may not exceed 50 percent of the total project cost. 
(2) NONGOVERNMENTAL SHARE.— 
(A) IN GENERAL.—^The portion of the total cost of an 
eligible project that is not funded under this section— 
(i) shall be provided in cash from sources other 
than revenues from providing mass transportation, but 
may include amounts received under a service agree-
ment; and 
(ii) may be derived from amounts appropriated 
to or made available to a department or agency of 
the Federal Government (other than the Department 
of Transportation) that are eligible to be expended 
for transportation. 
(B) INAPPLICABILITY.—For purposes of subparagraph 
(A)(ii), the prohibitions on the use of funds for matching 
requirements under section 403(a)(5)(C)(ii) of the Social 
Security Act shall not apply to Federal or State funds 
to be used for transportation services. 
(i) PLANNING REQUIREMENTS.— 
(1) IN GENERAL.—^The requirements of sections 5303 
through 5306 of title 49, United States Code, apply to any 
grant made under this section. 
(2) COORDINATION.—Each application for a grant under 
this section shall reflect coordination with and the approval 
of affected transit grant recipients. The eligible access to jobs 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 391 
projects financed under this section shall be part of a coordi-
nated public transit-human services transportation planning 
process. 
(j) GRANT REQUIREMENTS.—^A grant under this section shall 
be subject to— 
(1) all of the terms and conditions to which a grant made 
under section 5307 of title 49, United States Code, is subject; 
and 
(2) such other terms and conditions as are determined 
by the Secretary. 
(k) PROGRAM EVALUATION.— 
(1) COMPTROLLER GENERAL.—Beginning 6 months after the 
date of enactment of this Act, and every 6 months thereafter, 
the Comptroller General of the United States shall— 
(A) conduct a study to evaluate the grant program 
authorized under this section; and 
(B) submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate a report describing the results of each study 
under subparagraph (A). 
(2) DEPARTMENT OF TRANSPORTATION.—^Not later than 2 
years after the date of enactment of this Act, the Secretary 
shall— 
(A) conduct a study to evaluate the access to jobs 
grant program authorized under this section; and 
(B) submit to the Committee on Transportation and 
Infrastructure of the House of Representatives Eind the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate a report describing the results of the study 
under subparagraph (A). 
(1) AUTHORIZA'xION AND ALLOCATION.— 
(1) IN GENERAL.— 
(A) FROM THE TRUST FUND.—-There shall be available 
from the Mass Transit Account of the Highway Trust Fund 
to carry out this section— 
(i) $40,000,000 for fiscal year 1999; 
(ii) $60,000,000 for fiscal year 2000; 
(iii) $80,000,000 for fiscal year 2001; 
(iv) $ 100,000,000 for fiscal year 2002; and 
(v) $120,000,000 for fiscal year 2003. 
(B) FROM THE GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are author-
ized to be appropriated to carry out this section— 
(i) $10,000,000 for fiscal year 1999; 
(ii) $15,000,000 for fiscal year 2000; 
(iii) $20,000,000 for fiscal year 2001; 
(iv) $25,000,000 for fiscal year 2002; and 
(v) $30,000,000 for fiscal year 2003. 
(C) ADDITIONAL AMOUNTS FROM THE GENERAL FUND.— 
In addition to amounts made available under subpara-
graphs (A) and (B), there are authorized to be appropriated 
to carry out this section— 
(i) $100,000,000 for fiscal year 1999; 
(ii) $75,000,000 for fiscal year 2000; 
(iii) $50,000,000 for fiscal year 2001; and 
(iv) $25,000,000 for fiscal year 2002. 
5»-194 O - 98 - 14: QL 3 Part 1 
112 STAT. 392 
PUBLIC LAW 105-178-JUNE 9, 1998 
(2) 
SET-ASIDE FOR REVERSE 
COMMUTE 
PROJECTS.—Of 
amounts made available by or appropriated under subpara-
graphs (A) and (B) of paragraph (1) to carry out this section 
in each fiscal year, not more than $10,000,000 shall be used 
for grants for reverse commute projects. 
(3) ALLOCATION.—^The amounts made available by or appro-
priated under paragraph (1) to carry out this section in each 
fiscal year shall be allocated as follows: 
(A) 60 percent shall be allocated for eligible projects 
in urbanized areas with populations of at least 200,000. 
(B) 20 percent shall be allocated for eligible projects 
in urbanized areas with populations of at least 200,000. 
(C) 20 percent shall be allocated for eligible projects 
in areas other than urbanized areas. 
49 use 5310 
SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PRO-
note. 
GRAM. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.— 
The term "intercity, fixed-route over-the-road bus service" 
means regularly scheduled bus service for the general public, 
using an over-the-road bus, that— 
(A) operates with limited stops over fixed routes 
connecting 2 or more urban areas not in close proximity; 
(B) has the capacity for transporting baggage carried 
by passengers; and 
(C) makes meaningful connections with scheduled 
intercity bus service to more distant points. 
(2) OTHER OVER-THE-ROAD BUS SERVICE.—The term "other 
over-the-road bus service" means any other transportation 
using over-the-road buses including local fixed-route service, 
commuter service, and charter or tour service (including tour 
or excursion service that includes features in addition to bus 
transportation such as meals, lodging, admission to points of 
interest or special attractions or the services of a tour guide). 
(3) OVER-THE-ROAD BUS.—The term "over-the-road bus" 
means a bus characterized by an elevated passenger deck 
located over a baggage compartment. 
(b) GENERAL AUTHORITY.—^The Secretary shall make grants 
under this section to operators of over-the-road buses to finance 
the incremental capital and training costs of complying with the 
Department of Transportation's final rule regarding accessibility 
of over-the-road buses required by section 306(a)(2)(B) of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)). 
(c) GRAISTT CRITERIA.—In selecting applicants for grants under 
this section, the Secretary shall consider— 
(1) the identified need for over-the-road bus accessibility 
for persons with disabilities in the areas served by the 
applicant; 
(2) the extent to which the applicant demonstrates innova-
tive strategies and financial commitment to providing access 
to over-the-road buses to persons with disabilities; 
(3) the extent to which the over-the-road bus operator 
acquires equipment required by the final rule prior to any 
required timeframe in the final rule; 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 393 
(4) the extent to which financing the costs of complying 
with the Department of Transportation's final rule regarding 
accessibility of over-the-road buses presents a financial hard-
ship for the applicant; and 
(5) the impact of accessibility requirements on the continu-
ation of over-the-road bus service, with particular consideration 
of the impact of the requirements on service to rural areas 
and for low-income individuals. 
(d) COMPETITIVE GRANT SELECTION.—^The Secretary shall con-
duct a national solicitation for applications for grants under this 
section. Grantees shall be selected on a competitive basis. 
(e) FEDERAL SHARE OF COSTS.—^The Federal share of costs 
under this section shall be provided from funds made available 
to carry out this section. The Federal share of the .costs for a 
project shall not exceed 50 percent of the project cost. 
(f) GRANT REQUIREMENTS.—^A grant under this section shall 
be subject to all of the terms and conditions applicable to subrecipi-
ents who provide intercity bus transportation under section 5311(f) 
of title 49, United States Code, and such other terms and conditions 
as the Secretary may prescribe. 
(g) FUNDING.— 
(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.— 
Of amounts made available by or appropriated under section 
5338(a)(2) of title. 49, United States Code (before allocation 
under section 5338(a)(2)(C) of that title), the following amounts 
shall be available for operators of intercity, fixed-route over-
the-road bus service to finance the incremental capital and 
training costs of the Department of Transportation's final rule 
regarding accessibility of over-the-road buses: 
(A) $2,000,000 for fiscal year 1999. 
(B) $2,000,000 for fiscal year 2000. 
(C) $3,000,000 for fiscal year 200L 
(D) $5,250,000 for fiscal year 2002. 
(E) $5,250,000 for fiscal year 2003. 
(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of amounts made 
available by or appropriated under section 5338(a)(2) of title 
49, 
United States Code (before allocation under section 
5338(a)(2)(C) of that title), $6,800,000 shall be available for 
each of fiscal years 2000 through 2003 for operators of other 
over-the-road bus service to finance the incremental capital 
and training costs of the Department of Transportation's final 
rule regarding accessibility of over-the-road buses. 
SEC, 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND 23USC138note. 
RELATED PUBLIC LANDS. 
(a) PURPOSES.—^The purposes of this section are to encourage 
and promote the development of transportation systems for the 
betterment of the national parks and other units of the National 
Park System, national wildlife refuges, recreational areas, and other 
public lands in order to conserve natural, historical, and cultural 
resources and prevent adverse impact, relieve congestion, minimize 
transportation fuel consumption, reduce pollution (including noise 
and visual pollution), and enhance visitor mobility and accessibility 
and the visitor experience. 
(b) STUDY.— 
(1) IN GENERAL.—^The Secretary, in coordination with the 
Secretary of the Interior, shall undertake a comprehensive 
112 STAT. 394 
PUBLIC LAW 105-178-JUNE 9, 1998 
study of alternative transportation needs in national parks 
and related public lands managed by Federal land management 
agencies in order to carry out the purposes described in sub-
section (a). The study shall be submitted to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate not later than January 1, 2000. 
(2) STUDY ELEMENTS.—^The study required by paragraph 
(1) shall— 
(A) identify transportation strategies that improve the 
management of the national parks and related public lands; 
(B) identify national parks and related public lands 
with existing and potential problems of adverse impact, 
high congestion, and pollution, or which can benefit from 
alternative transportation modes; 
(C) assess the feasibility of alternative transportation 
modes; and 
(D) identify and estimate the costs of alternative 
transportation modes for each of the national parks and 
related public lands referred to in paragraph (1). 
SEC. 3040. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit 
Account of the Highway Trust Fund by, and amounts appropriated 
under, subsections (a) through (f) of section 5338 of title 49, United 
States Code, and subparagraphs (A) and (B) of section 3037(1)(1) 
of this Act, shall not exceed— 
(1) $5,315,000,000 in fiscal year 1999; 
(2) $5,798,000,000 in fiscal year 2000; 
(3) $6,271,000,000 in fiscal year 2001; 
(4) $6,746,000,000 in fiscal year 2002; and 
(5) $7,226,000,000 in fiscal year 2003. 
49 use 5338 
SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION 
note. 
EXTENSION ACT OF 1997. 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
the Secretary shall ensure that the total apportionments and alloca-
tions made to a designated grant recipient under section 5338 
of title 49, United States Code, for fiscal year 1998 shall be reduced 
by the amount apportioned to such designated recipient pursuant 
to section 8 of the Surface Transportation Extension Act of 1997 
(111 Stat. 2559). 
(b) FIXED GUIDEWAY MODERNIZATION ADJUSTMENT.—In making 
the apportionments described in subsection (a), the Secretary shall 
adjust the amount apportioned to each urbanized area for fixed 
guideway modernization for fiscal year 1998 to reflect the method 
for apportioning funds in section 5337(a) of title 49, United States 
Code. 
TITLE IV—MOTOR CARRIER SAFETY 
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in this 
title an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision of law, the 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 395 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code, 
SEC. 4002. STATEMENT OF PURPOSES. 
(a) IN GENERAL.—Chapter 311 is amended by inserting before 
section 31101 the following: 
"§31100. Purpose 
"The purpose of this subchapter is to ensure that the Secretary, 
States, and other political jurisdictions work in partnership to estab-
lish programs to improve motor carrier, commercial motor vehicle, 
and driver safety to support a safe and efficient transportation 
system by— 
"(1) focusing resources on strategic safety investments to 
promote safe for-hire and private transportation, including 
transportation of passengers and hazardous materials, to iden-
tify high-risk carriers and drivers, and to invest in activities 
likely to generate maximum reductions in the number and 
severity of commercial motor vehicle crashes; 
"(2) increasing administrative flexibility and developing and 
enforcing effective, compatible, and cost-beneficial motor car-
rier, commercial motor vehicle, and driver safety regulations 
and practices, including improving enforcement of State and 
local traffic safety laws and regulations; 
"(3) assessing and improving statewide program perform-
ance by setting program outcome goals, improving problem 
identification and countermeasures planning, designing appro-
priate performance standards, measures, and benchmarks, 
improving performance information and analysis systems, and 
monitoring program effectiveness; 
"(4) ensuring that drivers of commercial motor vehicles 
and enforcement personnel obtain adequate training in safe 
operational practices and regulatory requirements; and 
"(5) advancing promising technologies and encouraging 
adoption of safe operational practices.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 311 
is amended by inserting before the item relating to section 31101 
the following: 
"31100. Purpose.". 
SEC. 4003. STATE GRANTS. 
(a) DEFINITIONS.—Section 31101 is amended— 
(1) in paragraph (1)(A)— 
(A) by inserting "or gross vehicle weight" after "rating"; 
and 
(B) by striking "10,000 pounds" and inserting "10,001 
pounds, whichever is greater ; and 
(2) in paragraph (1)(C) by inserting "and transported in 
a quantity requiring placarding under regulations prescribed 
by the Secretary under section 5103" after "title". 
(b) PERFORMANCE-BASED GRANTS AND HAZARDOUS MATERIALS 
TRANSPORTATION SAFETY.—Section 31102 is amended— 
(1) in subsection (a)— 
(A) by inserting "improving motor carrier safety and" 
after "programs for"; and 
(B) by inserting ", hazardous materials transportation 
safety," after "commercial motor vehicle safety"; and 
(2) in the first sentence of paragraph (b)(1)— 
112 STAT. 396 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(A) by striking "adopt and assume responsibility for 
enforcing" and inserting "assume responsibility for improv-
ing motor carrier safety and to adopt and enforce"; and 
(B) by inserting ", hazardous materials transportation 
safety," after "commercial motor vehicle safety". 
(c) 
CONTENTS 
OF 
STATE PLANS.—Section 31102(b)(1) is 
amended— 
(1) in subparagraph (J) by inserting "(1)" after "(c)"; 
(2) by striking subparagraphs (K), (L), and (M) and insert-
ing the following: 
"(K) ensures that the State agency will coordinate the 
plan, data collection, and information systems with State high-
way safety programs under title 23; 
"(L) ensures participation in SAFETYNET and other 
information systems by all appropriate jurisdictions receiving 
funding under this section; 
"(M) ensures that information is exchanged among the 
States in a timely manner;"; 
(3) in subparagraph (O)— 
(A) by inserting after "activities" the following: "in 
support of national priorities and performance goals, includ-
ing"; 
(B) by striking "to remove" in clause (i) and inserting 
"activities aimed at removing"; 
(C) by striking "to provide" in clause (ii) and inserting 
"activities aimed at providing"; 
(D) by inserting "and" after the semicolon at the end 
of clause (ii); and 
(E) by striking clauses (iii) and (iv) and inserting the 
following: 
"(iii) interdiction activities affecting the transportation 
of controlled substances by commercial motor vehicle driv-
ers and training on appropriate strategies for carrying 
out those interdiction activities;"; 
(4) by striking subparagraph (P) and inserting the 
following: 
"(P) provides that the State will establish a program to 
ensure the proper and timely correction of commercial motor 
vehicle safety violations noted during an inspection carried 
out with funds authorized under section 31104;"; 
(5) in subparagraph (Q)— 
(A) by striking "31140 and 31146" and inserting "31138 
and 31139"; and 
(B) by striking the period at the end and inserting 
a semicolon; 
(6) by redesignating subparagraphs (A) through (Q) as sub-
paragraphs (B) through (R), respectively; 
(7) by inserting before subparagraph (B) (as redesignated 
by paragraph (6) of this subsection) the following: 
"(A) implements performance-based activities by fiscal 
year 2000;"; and 
(8) by adding at the end the following: 
"(S) ensures consistent, effective, and reasonable sanctions; 
and 
"(T) ensures that roadside inspections will be conducted 
at a location that is adequate to protect the safety of drivers 
and enforcement personnel.". 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 397 
(d) FEDERAL SHARE.—Section 31103 is amended— 
(1) by inserting "(a) COMMERCIAL MOTOR VEHICLE SAFETY 
PROGRAMS AND ENFORCEMENT.—'' before "The Secretary of 
Transportation"; 
(2) by inserting "improve commercial motor vehicle safety 
and" before "enforce"; and 
(3) by adding at the end the following: 
"(b) OTHER ACTIVITIES.—^The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities authorized by section 31104(f)(2).". 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 31104(a) is 
amended to read as follows: 
"(a) IN GENERAL.—^The following amounts are made available 
from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to incur obligations 
to carry out section 31102: 
"(1) Not more than $79,000,000 for fiscal year 1998. 
"(2) Not more than $90,000,000 for fiscal year 1999. 
"(3) Not more than $95,000,000 for fiscal year 2000. 
"(4) Not more than $ 100,000,000 for fiscal year 2001. 
"(5) Not more than $105,000,000 for fiscal year 2002. 
"(6) Not more than $110,000,000 for fiscal year 2003.". 
(f) CONFORMING AMENDMENT.—Section 31104(b) is amended 
by striking "(1)" and by striking paragraph (2). 
(g) ALLOCATION CRITERIA AND ELIGIBILITY.—Section 31104 is 
further amended— 
(1) by striking subsections (f) and (g) and inserting the 
following: 
"(f) ALLOCATION CRITERIA AND ELIGIBILITY.— 
"(1) IN GENERAL.—On October 1 of each fiscal year or 
as soon after that date as practicable and after maMng the 
deduction under subsection (e), the Secretary shall allocate 
amounts made available to carry out section 31102 for such 
fiscal year among the States with plans approved under section 
31102. Such allocation shall be made under such criteria as 
the Secretary prescribes by regulation. 
"(2) HIGH-PRIORITY AND BORDER ACTIVITIES.— 
"(A) HIGH-PRIORITY ACTIVITIES AND PROJECTS.—The 
Secretary may designate up to 5 percent of amounts avail-
able for allocation under paragraph (1) for States, local 
governments, and other persons for carrying out high prior-
ity activities and projects that improve commercial motor 
vehicle safety and compliance with commercial motor 
vehicle safety regulations, including activities and projects 
that are national in scope, increase public awareness and 
education, or demonstrate new technologies. The amounts 
designated under this subparagraph shall be allocated by 
the Secretary to State agencies, local governments, and 
other persons that use and train qualified officers and 
employees in coordination with State motor vehicle safety 
agencies. 
"(B) BORDER COMMERCIAL MOTOR VEHICLE SAFETY AND 
ENFORCEMENT PROGRAMS.—The Secretary may designate 
up to 5 percent of amounts available for allocation under 
paragraph (1) for States, local governments, and other per-
sons for carrying out border commercial motor vehicle 
safety programs and enforcement activities and projects. 
112 STAT. 398 
PUBLIC LAW 105-178—JUNE 9, 1998 
The amounts designated under this subparagraph shall 
be allocated by the Secretary to State agencies, local 
governments, and other persons that use and train quali-
fied officers and employees in coordination with State motor 
vehicle safety agencies."; 
(2) by redesignating subsection (h) as subsection (g); 
(3) by striking subsection (i); and 
(4) by redesignating subsection 0) as subsection (h). 
49 use 31101 
(h) SAVINGS CLAUSE.—Amendments made by this section shall 
^°^- 
not affect any funds made available before the date of enactment 
of this Act. 
SEC. 4004. INFORMATION SYSTEMS. 
(a) IN GENERAL.—Section 31106 is amended to read as follows: 
*
*
§ 31106. Information systems 
"(a) INFORMATION SYSTEMS AND DATA ANALYSIS.— 
"(1) IN GENERAL.—Subject to the provisions of this section, 
the Secretary shall establish and operate motor carrier, 
commercial motor vehicle, and driver information systems and 
data analysis programs to support safety regulatory and 
enforcement activities required under this title. 
"(2) NETWORK COORDINATION.—^In cooperation with the 
States, the information systems under this section shall be 
coordinated into a network providing accurate identification 
of motor carriers and drivers, commercial motor vehicle reg-
istration and license tracking, and motor carrier, commercial 
motor vehicle, and driver safety performance data. 
"(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—^The Sec-
retary shall develop and maintain under this section data analy-
sis capacity and programs that provide the means to— 
"(A) identify and collect necessary motor carrier, 
commercial motor vehicle, and driver data; 
"(B) evaluate the safety fitness of motor carriers and 
drivers; 
"(C) develop strategies to mitigate safety problems and 
to use data analysis to address and measure the effective-
ness of such strategies and related programs; 
"(D) determine the cost-effectiveness of Federal and 
State safety compliance and enforcement programs and 
other countermeasures; and 
"(E) adapt, improve, and incorporate other information 
and information systems as the Secretary determines 
appropriate. 
"(4) STANDARDS.—^To implement this section, the Secretary 
shall prescribe technical and operational standards to ensure— 
"(A) uniform, timely, and accurate information collec-
tion and reporting by the States and other entities as 
determined appropriate by the Secretary; 
"(B) uniform Federal, State, and local policies and 
procedures necessary to operate the information system; 
and 
"(C) the reliability and availability of the information 
to the Secretary and States. 
"(b) 
PERFORMANCE 
AND 
REGISTRATION 
INFORMATION 
PROGRAM.— 
''-f^S • 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 399 
"(1) INFORMATION CLEARINGHOUSE.—The Secretary shall 
include, as part of the motor carrier information system author-
ized by this section, a program to establish and maintain a 
clearinghouse and repository of information related to State 
registration and licensing of commercial motor vehicles, the 
registrants of such vehicles, and the motor carriers operating 
such vehicles. The clearinghouse and repository may include 
information on the safety fitness of each of the motor carriers 
and registrants and other information the Secretary considers 
appropriate, including information on motor carrier, commercial 
motor vehicle, and driver safety performance. 
"(2) DESIGN.—^The program shall link Federal motor carrier 
safety information systems with State driver and commercial 
vehicle registration and licensing systems and shall be designed 
to enable a State to— 
"(A) determine the safety fitness of a motor carrier 
or registrant when licensing or registering the registrant 
or motor carrier or while the license or registration is 
in effect; and 
"(B) decide, in cooperation with the Secretary, whether 
and what types of sanctions or operating limitations to 
impose on the motor carrier or registrant to ensure safety. 
"(3) CONDITIONS FOR PARTICIPATION.—^The Secretary shall 
require States, as a condition of participation in the program, 
to— 
"(A) comply with the uniform policies, procedures, and 
technical and operational standards prescribed by the Sec-
retary under subsection (a)(4); and 
"(B) possess or seek authority to impose commercial 
motor vehicle registration sanctions on the basis of a Fed-
eral safety fitness determination. 
"(4) FUNDING.—^The Secretary may make available up to 
50 percent of the amounts available to carry out this section 
by section 31107 in each of fiscal years 1998, 1999, 2000, 
2001, 2002, and 2003 to carry out this subsection. The Secretary 
is encouraged to direct no less than 80 percent of amounts 
made available to carry out this subsection to States that 
have not previously received financial assistance to develop 
or implement the information systems authorized by this sec-
tion. 
"(c) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY PROGRAM.— 
In coordination with the information system under section 31309, 
the Secretary is authorized to establish a program to improve 
commercial motor vehicle driver safety. The objectives of the pro-
gram shall include— 
"(1) enhancing the exchange of driver licensing information 
among the States, the Federal Government, and foreign coun-
tries; 
"(2) providing information to the judicial system on 
commercial motor vehicle drivers; 
"(3) evaluating any aspect of driver performance that the 
Secretary determines appropriate; and 
"(4) developing appropriate strategies and countermeasures 
to improve driver safety. 
"(d) 
COOPERATIVE AGREEMENTS, GRANTS, AND CONTRACTS.— 
The Secretary may carry out this section either independently or 
in cooperation with other Federal departments, agencies, and 
112 STAT. 400 
PUBLIC LAW 105-178-nJUNE 9, 1998 
instrumentalities, or by making grants to, and entering into con-
tracts and cooperative agreements with, States, local governments, 
associations, institutions, corporations, and other persons. 
"(e) INFORMATION AVAILABILITY AND PRIVACY PROTECTION POL-
ICY.—^The Secretary shall develop a policy on making information 
available from the information systems authorized by this section 
and section 31309, The policy shall be consistent with existing 
Federal information laws, including regulations, and shall provide 
for review and correction of such information in a timely manner.". 
(b) CONTRACT AUTHORITY FUNDING.—Section 31107 is amended 
to read as follows: 
'*§ 31107. Contract authority funding for information systems 
"(a) FUNDING.—^There shall be available from the Highway 
Trust Fund (other than the Mass Transit Account) to carry out 
sections 31106 and 31309 of this title— 
' 
"(1) $6,000,000 for fiscal year 1998; 
"(2) $10,000,000 for each of fiscal years 1999 and 2000; 
and 
"(3) $12,000,000 for each of fiscal years 2001 through 2002. 
"(4) $16,000,000 for fiscal year 2003. 
The amounts made available under this subsection shall remain 
available until expended. 
"(b) CONTRACT AUTHORITY.—Approval by the Secretary of a 
grant with funds made available under this section imposes upon 
the United States Government a contractual obligation for payment 
of the Government's share of costs incurred in canying out the 
objectives of the grant.". 
(c) SUBCHAPTER HEADING.—^The heading for subchapter I of 
chapter 311 is amended by inserting after "GRANTS" the following: 
"AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS". 
(d) CONFORMING AMENDMENTS.—The analysis for chapter 311 
is amended— 
(1) by striking 
"SUBCHAPTER INSTATE GRANTS" 
and inserting 
"SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR 
VEHICLE PROGRAMS"; 
and 
(2) by striking the items relating to sections 31106 and 
31107 and inserting the following: 
"31106. Information systems. 
"31107. Contract authority funding for information systems.". 
SEC. 4006. AUTOMOBILE TRANSPORTER DEFINED. 
Section 31111(a) is amended— 
(1) by striking "section—" and inserting "section, the follow-
ing definitions apply:"; 
(2) by inserting after "(1)" the following: "MAXI-CUBE 
VEHICLE.—^The term"; 
(3) by inserting after "(2)" the following: "TRUCK TRACTOR.— 
The term"; 
(4) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; and 
(5) by inserting before paragraph (2), as so redesignated, 
the following: 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 401 
"(1) AUTOMOBILE TRANSPORTER.—The term 'automobile 
transporter' means any vehicle combination designed and used 
specifically for the transport of assembled highway vehicles, 
including truck camper units.". 
SEC. 4006. INSPECTIONS AND REPORTS. 
(a) GENERAL POWERS OF THE SECRETARY.—Section 31133(a)(1) 
is amended by inserting "and make contracts for" after "conduct". 
(b) REPORTS AND RECORDS.—Section 504(c) is amended by 
inserting "(and, in the case of a motor carrier, a contractor)" after 
"employee". 
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 
(a) IN GENERAL.—Section 31315 is amended to read as follows: 
*
*
§ 31315. Waivers, exemptions, and pilot programs 
"(a) WAIVERS.—^The Secretary may grant a waiver that relieves 
a person from compliance in whole or in part with a regulation 
issued under this chapter or section 31136 if the Secretary deter-
mines that it is in the public interest to grant the waiver and 
that the waiver is likely to achieve a level of safety that is equivalent 
to, or greater than, the level of safety that would be obtained 
in the absence of the waiver— 
"(1) for a period not in excess of 3 months; 
"(2) limited in scope and circumstances; 
"(3) for nonemergency and unique events; and 
"(4) subject to such conditions as the Secretary may impose. 
"(b) EXEMPTIONS.— 
"(1) IN GENERAL.—^Upon receipt of a request pursuant to 
paragraph (3), the Secretary of Transportation may grant to 
a person or class of persons an exemption from a regulation 
prescribed under this chapter or section 31136 if the Secretary 
finds such exemption would likely achieve a level of safety 
that is equivalent to, or greater than, the level that would 
be achieved absent such exemption. An exemption may be 
granted for no longer than 2 years from its approval date 
and may be renewed upon application to the Secretary. 
"(2) AUTHORITY TO REVOKE EXEMPTION.—^The Secretary 
shall immediately revoke an exemption if— 
"(A) the person fails to comply with the terms and 
conditions of such exemption; 
"(B) the exemption has resulted in a lower level of 
safety than was maintained before the exemption was 
granted; or 
"(C) continuation of the exemption would not be 
consistent with the goals and objectives of this chapter 
or section 31136, as the case may be. 
"(3) REQUESTS FOR EXEMPTION.—Not later than 180 days Notice. 
after the date of enactment of this section and after notice Regulations, 
and an opportunity for public comment, the Secretary shall 
specify by regulation the procedures by which a person may 
request an exemption. Such regulations shall, at a minimum, 
require the person to provide the following information for 
each exemption request: 
"(A) The provisions from which the person requests 
exemption. 
"(B) The time period during which the requested 
exemption would apply. 
112 STAT. 402 
PUBLIC LAW 105-178-^UNE 9, 1998 
Federal Register, 
publication. 
Federal Register, 
publication. 
"(C) An analysis of the safety impacts the requested 
exemption may cause. 
"(D) The specific countermeasures the person would 
undertake to ensure an equivalent or greater level of safety 
than would be achieved absent the requested exemption. 
"(4) NOTICE AND COMMENT.— 
"(A) UPON RECEIPT OF A REQUEST.—Upon receipt of 
an exemption request, the Secretary shall publish in the 
Federal Register a notice explaining the request that has 
been filed and shall give the public an opportunity to 
inspect the safety analysis and any other relevant informa-
tion known to the Secretary and to comment on the request. 
This subparagraph does not require the release of informa-
tion protected by law from public disclosure. 
"(B) UPON GRANTING A REQUEST.—Upon granting a 
request for exemption, the Secretary shall publish in the 
Federal Register the name of the person granted the 
exemption, the provisions from which the person will be 
exempt, the effective period, and all terms and conditions 
of the exemption. 
"(C) AFTER DENYING A REQUEST.—After denying a 
request for exemption, the Secretary shall publish in the 
Federal Register the name of the person denied the exemp-
tion and the reasons for such denial. The Secretary may 
meet the requirement of this subparagraph by periodically 
publishing in the Federal Register the names of persons 
denied exemptions and the reasons for such denials. 
"(5) APPLICATIONS TO BE DEALT WITH PROMPTLY.—^The Sec-
retary shall grant or deny an exemption request after a thor-
ough review of its safety implications, but in no case later 
than 180 days after the filing date of such request. 
"(6) TERMS AND CONDITIONS.—The Secretary shall establish 
terms and conditions for each exemption to ensure that it 
will likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such 
exemption. The Secretary shall monitor the implementation 
of the exemption to ensure compliance with its terms and 
conditions. 
"(7) NOTIFICATION OF STATE COMPLIANCE AND ENFORCE-
MENT i'ERSONNEL.—^Before granting a request for exemption, 
the Secretary shall notify State safety compliance and enforce-
ment personnel, including roadside inspectors, and the public 
that a person will be operating pursuant to an exemption 
and any terms and conditions that will apply to the exemption. 
"(c) PILOT PROGRAMS.— 
"(1) IN GENERAL.—^The Secretary may conduct pilot pro-
grams to evaluate alternatives to regulations relating to, or 
innovative approaches to, motor carrier, commercial motor 
vehicle, and driver safety. Such pilot programs may include 
exemptions from a regulation prescribed under this chapter 
or section 31136 if the pilot program contains, at a minimum, 
the elements described in paragraph (2). The Secretary shall 
publish in the Federal Register a detailed description of each 
pilot program, including the exemptions to be considered, and 
provide notice and an opportunity for public comment before 
the effective date of the program. 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 403 
"(2) PROGRAM ELEMENTS.—In proposing a pilot program 
and before granting exemptions for purposes of a pilot program, 
the Secretary shall require, as a condition of approval of the 
project, that the safety measures in the project are designed 
to achieve a level of safety that is equivalent to, or greater 
than, the level of safety that would otherwise be achieved 
through compliance with the regulations prescribed under this 
chapter or section 31136. The Secretary shall include, at a 
minimum, the following elements in each pilot program plan: 
"(A) A scheduled life of each pilot program of not 
more than 3 years. 
"(B) A specific data collection and safety analysis plan 
that identifies a method for comparison. 
"(C) A reasonable number of participants necessary 
to yield statistically valid findings. 
"(D) An oversight plan to ensure that participants com-
ply with the terms and conditions of participation. 
"(E) Adequate countermeasures to protect the health 
and safety of study participants and the general public. 
"(F) A plan to inform State partners and the public 
about the pilot program and to identify approved partici-
pants to safety compliance and enforcement personnel and 
to the public. 
"(3) AUTHORITY TO REVOKE PARTICIPATION.—^The Secretary 
shall immediately revoke participation in a pilot program of 
a motor carrier, commercial motor vehicle, or driver for failure 
to comply with the terms and conditions of the pilot program 
or if continued participation would not be consistent with the 
goals and objectives of this chapter or section 31136, as the 
case may be. 
"(4) AUTHORITY TO TERMINATE PROGRAM.—^The Secretary 
shall immediately terminate a pilot program if its continuation 
would not be consistent with the goals and objectives of this 
chapter or section 31136, as the case may be. 
"(5) REPORT TO CONGRESS.—^At the conclusion of each pilot 
program, the Secretary shall report to Congress the findings, 
conclusions, and recommendations of the program, including 
suggested amendments to laws and regulations that would 
enhance motor carrier, commercial motor vehicle, and driver 
safety and improve compliance with national safety standards. 
"(d) PREEMPTION OF STATE RULES.—^During the time period 
that a waiver, exemption, or pilot program is in effect under this 
chapter or section 31136, no State shall enforce any law or regula-
tion that conflicts with or is inconsistent with the waiver, exemp-
tion, or pilot program with respect to a person operating under 
the waiver or exemption or participating in the pilot program.". 
(b) CHAPTER ANALYSIS AMENDMENT.—^The analysis for chapter 
313 is amended by striking the item relating to section 31315 
and inserting the following: 
"31315. Waivers, exemptions, and pilot programs.". 
(c) CONFORMING AMENDMENT.—Section 31136(e) of such title 
is amended to read as follows: 
"(e) EXEMPTIONS,—^The Secretary may grant in accordance with 
section 31315 waivers and exemptions from, or conduct pilot pro-
grams with respect to, any regulations prescribed under this sec-
tion.". 
112 STAT. 404 
PUBLIC LAW 105-178—JUNE 9, 1998 
49 use 31136 
note. 
49 use 31136 
note. 
(d) PROTECTION OF EXISTING EXEMPTIONS.—^The amendments 
made by this section shall not apply to or otherwise affect a waiver, 
exemption, or pilot program in effect on the day before the date 
of enactment of this Act under chapter 313 or section 31136(e) 
of title 49, United States Code. 
SEC. 4008. SAFETY REGULATION. 
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31132(1) 
is amended— 
(1) in subparagraph (A)— 
(A) by inserting "or gross vehicle weight" after "rating"; 
and 
(B) by inserting ", whichever is greater" after "pounds"; 
. 
and 
(2) in subparagraph (B) by striking "passengers" and all 
that follows through the semicolon at the end and inserting 
"more than 8 passengers (including the driver) for compensa-
tion;". 
(b) APPLICATION OF REGULATIONS TO CERTAIN COMMERCIAL 
MOTOR VEHICLES.—^Effective on the last day of the 1-year period 
beginning on the date of enactment of this Act, regulations pre-
scribed under section 31136 of title 49, United States Code, shall 
apply to operators of commercial motor vehicles described in section 
31132(1)(B) of such title (as amended by subsection (a)) to the 
extent that those regulations did not apply to those operators on 
the day before such effective date, except to the extent that the 
Secretary determines, through a rulemaking proceeding, that it 
is appropriate to exempt such operators of commercial motor 
vehicles from the application of those regulations. 
(c) REPEAL OF REVIEW PANEL.—Section 31134, and the item 
relating to such section in the analysis for chapter 311, are repealed. 
(d) REPEAL OF SUBMISSION TO REVIEW PANEL.—Section 31140, 
and the item relating to such section in the analysis for chapter 
311, are repealed. 
(e) REVIEW PROCEDURE.—Section 31141 is amended— 
(1) by striking subsections (b) and (c) and inserting the 
following: 
"(b) SUBMISSION OF REGULATION.—A State receiving funds 
made available under section 31104 that enacts a State law or 
issues a regulation on commercial motor vehicle S2ifety shall submit 
a copy of the law or regulation to the Secretary immediately after 
the enactment or issuance. 
"(c) REVIEW AND DECISIONS BY SECRETARY.— 
"(1) REVIEW.—The Secretary shall review State laws and 
regulations on commercial motor vehicle safety. The Secretary 
shall decide whether the State law or regulation— 
"(A) has the same effect as a regulation prescribed 
by the Secretary under section 31136; 
"(B) is less stringent than such regulation; or 
"(C) is additional to or more stringent than such regula-
tion. 
"(2) REGULATIONS WITH SAME EFFECT.—If the Secretary 
decides a State law or regulation has the same effect as a 
regulation prescribed by the Secretary under section 31136 
of this title, the State law or regulation may be enforced. 
"(3) 
LESS 
STRINGENT 
REGULATIONS.—If the 
Secretary 
decides a State law or regulation is less stringent than a 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 405 
regulation prescribed by the Secretary under section 31136 
of this title, the State law or regulation may not be enforced. 
"(4) ADDITIONAL OR MORE STRINGENT REGULATIONS.—If the 
Secretary decides a State law or regulation is additional to 
or more stringent than a regulation prescribed by the Secretary 
under section 31136 of this title, the State law or regulation 
may be enforced unless the Secretary also decides that— 
"(A) the State law or regulation has no safety benefit; 
"(B) the State law or regulation is incompatible with 
the regulation prescribed by the Secretary; or 
"(C) enforcement of the State law or regulation would 
cause an unreasonable burden on interstate commerce. 
"(5) 
CONSIDERATION OF EFFECT ON INTERSTATE COM-
MERCE.—In deciding under paragraph (4) whether a State law 
or regulation will cause an unreasonable burden on interstate 
commerce, the Secretary may consider the effect on interstate 
commerce of implementation of that law or regulation with 
the implementation of all similar laws and regulations of other 
States."; 
(2) by striking subsection (e); and 
(3) by redesignating subsections (f), (g), and (h) as sub-
sections (e), (f), and (g), respectively. 
(f) INSPECTION OF SAFETY EQUIPMENT.—Section 31142(a) is 
amended by striking "part 393 of title 49, Code of Federal Regula-
tions" and inserting "the regulations issued under section 31136". 
(g) PROTECTION OF STATES PARTICIPATING IN STATE GROUPS.— 
Section 31142(c)(1)(C) is amended to read as follows: 
"(C) prevent a State from participating in the activities 
of a voluntary group of States enforcing a program for 
inspection of commercial motor vehicles; or". 
SEC. 4009. SAFETY FITNESS. 
(a) IN GENERAL.—Section 31144 is amended to read as follows: 
^§ 31144. Safety Htness of owners and operators 
"(a) IN GENERAL.—The Secretary shall— 
"(1) determine whether an owner or operator is fit to oper-
ate safely commercial motor vehicles; 
"(2) periodically update such safety fitness determinations; 
"(3) make such final safety fitness determinations readily 
available to the public; and 
"(4) prescribe by regulation penalties for violations of this 
section consistent with section 521. 
"(b) PROCEDURE.—^The Secretary shall maintain by regulation 
a procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the following 
elements: 
"(1) Specific initial and continuing requirements with which 
an owner or operator must comply to demonstrate safety fitness. 
"(2) A methodology the Secretary will use to determine 
whether an owner or operator is fit. 
"(3) Specific time frames within which the Secretary will 
determine whether an owner or operator is fit. 
"(c) PROHIBITED TRANSPORTATION.— 
"(1) 
IN GENERAL.—Except 
as 
provided 
in 
sections 
/ 521(b)(5)(A) and 5113 and this subsection, an owner or operator 
who the Secretary determines is not fit may not operate 
Regulations. 
Regulations. 
112 STAT. 406 
PUBLIC LAW 105-178-^UNE 9, 1998 
commercial motor vehicles in interstate commerce beginning 
on the 61st day after the date of such fitness determination 
and until the Secretary determines such owner or operator 
is fit. 
"(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.— 
With regard to owners or operators of commercial motor 
vehicles designed or used to transport passengers, an owner 
or operator who the Secretary determines is not fit may not 
operate in interstate commerce beginning on the 46th day 
after the date of such fitness determination and until the Sec-
retary determines such owner or operator is fit. 
"(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS 
MATERIAL.—With regard to owners or operators of commercial 
motor vehicles designed or used to transport hazardous material 
for which placarding of a motor vehicle is required under regula-
• 
tions prescribed under chapter 51, an owner or operator who 
the Secretary determines is not fit may not operate in interstate 
commerce beginning on the 46th day after the date of such 
fitness determination and until the Secretary determines such 
owner or operator is fit. 
"(4) SECRETARY'S DISCRETION.—^Except for owners or opera-
tors described in paragraphs (2) and (3), the Secretary may 
allow an owner or operator who is not fit to continue operating 
for an additional 60 days after the 61st day after the date 
of the Secretary's fitness determination, if the Secretary deter-
mines that such owner or operator is making a good faith 
effort to become fit. 
"(d) REVIEW OF FITNESS DETERMINATIONS.— 
"(1) IN GENERAL.—^Not later than 45 days after an unfit 
owner or operator requests a review, the Secretary shall review 
such owner's or operator's compliance with those requirements 
with which the owner or operator failed to comply and resulted 
in the Secretary determining that the owner or operator was 
not fit. 
"(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.— 
Not later than 30 days after an unfit owner or operator of 
commercial motor vehicles designed or used to transport pas-
sengers requests a review, the Secretary shall review such 
owner's or operator's compliance with those requirements with 
which the owner or operator failed to comply and resulted 
in the Secretary determining that the owner or operator was 
not fit. 
"(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS 
MATERIAL.—Not later than 30 days after an unfit owner or 
operator of commercial motor vehicles designed or used to trans-
port hazardous material for which placarding of a motor vehicle 
is required under regulations prescribed under chapter 51, the 
Secretary shall review such owner's or operator's compliance 
with those requirements with which the owner or operator 
failed to comply and resulted in the Secretary determining 
that the owner or operator was not fit. 
"(e) PROHIBITED GOVERNMENT USE.—A department, agency, or 
instrumentality of the United States Government may not use 
to provide any transportation service an owner or operator who 
the Secretary has determined is not fit until the Secretary deter-
mines such owner or operator is fit.". 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 407 
(b) CONFORMING AMENDMENT.—Section 5113 is amended by 
striking subsections (a), (b), (c), and (d) and inserting the following: 
"See section 31144.". 
SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS AUTHORI-
TIES. 
Subchapter IV of chapter 311 (including sections 31161 and 
31162), and the items relating to such subchapter and sections 
in the analysis for chapter 311, are repealed. 
SEC. 4011. COMMERCIAL VEHICLE OPERATORS. 
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31301(4) 
is amended— 
(1) in subparagraph (A)— 
(A) by inserting "or gross vehicle weight" after "rating" 
the first 2 places it appears; and 
(B) by inserting ", whichever is greater," after "pounds" 
the first place it appears; and 
(2) in subparagraph (C)(ii)— 
(A) by inserting "is" before "transporting" each place 
it appears; and 
(B) by inserting "is" before "not otherwise". 
(b) PROHIBITION ON C M V OPERATION WITHOUT C D L . — 
(1) IN GENERAL.—Section 31302 of such title is amended 
to read as follows: 
"§31302. Commercial driver's license requirement 
"No individual shall operate a commercial motor vehicle without 
a valid commercial driver's license issued in accordance with section 
31308. An individual operating a commercial motor vehicle may 
have only one driver's license at any time.". 
(2) CONFORMING AMENDMENT.—^The item relating to section 
31302 in the analysis for chapter 313 is amended to read 
as follows: 
"31302. Commercial driver's license requirement.". 
(c) UNIQUE IDENTIFIERS IN CDLS.— 
(1) IN GENERAL.—Section 31308(2) is amended by inserting 
before the semicolon "and each license issued after January 
1, 2001, include unique identifiers (which may include biometric 
identifiers) to minimize fraud and duplication". 
(2) DEADLINE FOR ISSUANCE OF REGULATIONS.—Not later 
than 180 days after the date of enactment of this Act, the 
Secretary shall issue regulations to carry out the amendment 
made by paragraph (1). 
(d) COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM.—Sec-
tion 31309 of such title is amended— 
(1) in subsection (a) by striking "make an agreement under 
subsection (b) of this section for the operation of, or establish 
under subsection (c) of this section," and inserting "maintain"; 
(2) by inserting after the first sentence of subsection (a) 
the following: "The system shall be coordinated with activities 
carried out under section 31106."; 
(3) by striking subsections (b) and (c); 
(4) by striking subsection (d)(2) and inserting the following: 
"(2) The information system under this section must accommo-
date any unique identifiers required to minimize fraud or duplica-
tion of a commercial driver's license under section 31308(2)."; 
49 use 31161, 
31162. 
49 use 31308 
note. 
112 STAT. 408 
PUBLIC LAW 105-178-^UNE 9, 1998 
(5) by striking subsection (e) and inserting the following: 
"(e) 
AVAILABILITY 
OF INFORMATION.—Information 
in 
the 
information system shall be made available and subject to review 
and correction in accordance with the policy developed under section 
31106(e)."; 
(6) in subsection (f) by striking "If the Secretary establishes 
an information system under this section, the" and inserting 
"The"; 
(7) by striking "shall" in the first sentence of subsection 
(f) and inserting "may"; and 
(8) by redesignating subsections (d), (e), and (f) as sub-
sections (b), (c), and (d), respectively. 
(e) REQUIREMENTS FOR STATE PARTICIPATION.—Section 31311(a) 
is amended— 
(1) in paragraph (15) by striking "section 31310(b)-(e) of 
this title" and inserting "subsections (b)-(e), (g)(1)(A), and (g)(2) 
of section 31310"; 
(2) by striking paragraph (17); and 
(3) by redesignating paragraph (18) as paragraph (17). 
(f) REPEAL OF OBSOLETE GRANT PROGRAMS.—Sections 31312 
and 31313, and the items relating to such sections in the analysis 
for chapter 313, are repealed. 
(g) UPDATING AMENDMENTS.—Section 31314 is amended— 
(1) by striking "(2), (5), and (6)" each place it appears 
in subsections (a) and (b) and inserting "(3), and (5)"; 
(2) in subsection (c) by striking "(1) Amounts" and all 
that follows through "(2) Amounts" and inserting "Amounts"; 
(3) by striking subsection (d); and 
(4) by redesignating subsection (e) as subsection (d). 
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY 
SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS. 
(a) IN GENERAL.—Section 31502 is amended by adding at the 
end the following: 
"(e) EXCEPTION.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
law, regulations issued under this section or section 31136 
regarding— 
"(A) maximum driving and on-duty times applicable 
to operators of commercial motor vehicles, 
"(B) physical testing, reporting, or recordkeeping, and 
"(C) the installation of automatic recording devices 
associated with establishing the maximum driving and on-
duty times referred to in subparagraph (A), 
shall not apply to any driver of a utility service vehicle during 
an emergency period of not more than 30 days declared by 
an elected State or local government official under paragraph 
(2) in the area covered by the declaration. 
"(2) DECLARATION OF EMERGENCY.—An elected State or 
local government official or elected officials of more than one 
State or local government jointly may issue an emergency dec-
laration for purposes of paragraph (1) after notice to the 
Regional Director of the Federal Highway Administration with 
jurisdiction over the area covered by the declaration. 
"(3) INCIDENT REPORT.—^Within 30 days after the end of 
the declared emergency period the official who issued the emer-
gency declaration shall file with the Regional Director a report 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 409 
of each safety-related incident or accident that occurred during 
the emergency period involving— 
"(A) a utility service vehicle driver to which the declara-
tion applied; or 
"(B) a utility service vehicle of the driver to which 
the declaration applied. 
"(4) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
"(A) DRIVER OF A UTILITY SERVICE VEHICLE.—The term 
'driver of a utility service vehicle' means any driver who 
is considered to be a driver of a utility service vehicle 
for purposes of section 345(a)(4) of the National Highway 
System Designation Act of 1995 (49 U.S.C. 31136 note; 
109 Stat. 613). 
"(B) UTILITY SERVICE VEHICLE.—The term 'utility serv-
ice vehicle' has the meaning that term has under section 
345(e)(6) of the National Highway System Designation Act 
of 1995 (49 U.S.C. 31136 note; 109 Stat 614-615).". 
(b) CONTINUED APPLICATION OF SAFETY AND MAINTENANCE 49 use 31502 
REQUIREMENTS.— 
note. 
(1) IN GENERAL.—^The amendment made by subsection (a) 
may not be construed— 
(A) to exempt any utility service vehicle from compli-
ance with any applicable provision of law relating to vehicle 
mechanical safety, maintenance requirements, or inspec-
tions; or 
(B) to exempt any driver of a utility service vehicle 
from any applicable provision of law (including any regula-
tion) established for the issuance, maintenance, or periodic 
renewal of a commercial driver's license for that driver. 
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) 
COMMERCIAL 
DRIVER'S 
LICENSE.—The 
term 
"commercial driver's license" has the meaning that term 
has under section 31301 of title 49, United States Code. 
(B) DRIVER OP A UTILITY SERVICE VEHICLE.—^The term 
"driver of a utility service vehicle" has the meaning that 
term has under section 31502(e)(2) of such title. 
(C) REGULATIQJST.—The term "regulation" has the mean-
ing that term has under section 31132 of such title. 
(D) UTILITY SERVICE VEHICLE.—^The term "utility serv-
ice vehicle" has the meaning that term has imder section 
345(e)(6) of the National Highway System Designation Act 
of 1995 (49 U.S.C. 31136 note; 109 Stat. 614-615). 
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN 
AND INTERNATIONAL FUEL TAX AGREEMENT. 
Sections 31702, 31703, and 31708, and the items relating to 
such sections in the analysis for chapter 317, are repealed. 
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; UMITA-
TION ON LIABIUTY. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Chapter 5 is amended by adding at the 
end the following: 
112 STAT. 410 
PUBLIC LAW 105-178—JUNE 9, 1998 
Regulations. 
''§ 508. Safety performance history of new drivers; limitation 
on liability 
"(a) LIMITATION ON LIABILITY.—^No action or proceeding for 
defamation, invasion of privacy, or interference with a contract 
that is based on the furnishing or use of safety performance records 
in accordance with regulations issued by the Secretary may be 
brought against— 
"(1) a motor carrier requesting the safety performance 
records of an individual under consideration for emplo3mient 
as a commercial motor vehicle driver as required by and in 
accordance with regulations issued by the Secretary; 
"(2) a person who has complied with such a request; or 
"(3) the agents or insurers of a person described in para-
graph (1) or (2). 
"(b) RESTRICTIONS ON APPLICABILITY.— 
"(1) MOTOR CARRIER REQUESTING.—Subsection (a) does not 
apply to a motor carrier requesting safety performance records 
unless— 
"(A) the motor carrier and any agents of the motor 
carrier have complied with the regulations issued by the 
Secretary in using the records, including the requirement 
that the individual who is the subject of the records be 
afforded a reasonable opportunity to review and comment 
on the records; 
"(B) the motor carrier and any agents and insurers 
of the motor carrier have taken all precautions reasonably 
necessary to protect the records from disclosure to any 
person, except for such an insurer, not directly involved 
in deciding whether to hire that individual; and 
"(C) the motor carrier has used those records only 
to assess the safety performance of the individual who 
is the subject of those records in deciding whether to hire 
that individual. 
"(2) PERSON COMPLYING WITH REQUESTS.—Subsection (a) 
does not apply to a person complying with a request for safety 
performance records unless— 
"(A) the complying person and any agents of the 
complying person have taken all precautions reasonably 
necessary to ensure the accuracy of the records and have 
complied with the regulations issued by the Secretary in 
furnishing the records, including the requirement that the 
individual who is the subject of the records be afforded 
a reasonable opportunity to review and comment on the 
records; and 
"(B) the complying person and any agents and insurers 
of the complying person have taken all precautions reason-
ably necessary to protect the records from disclosure to 
any person, except for such an insurer, not directly involved 
in forwarding the records. 
"(3) 
PERSONS KNOWINGLY FURNISHING FALSE INFORMA-
TION.—Subsection (a) does not apply to persons who knowingly 
furnish false information. 
"(c) PREEMPTION OF STATE AND LOCAL LAW.—No State or politi-
cal subdivision thereof may enact, prescribe, issue, continue in 
effect, or enforce any law (including any regulation, standard, or 
other provision having the force and effect of law) that prohibits. 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 411 
penalizes, or imposes liability for furnishing or using safety perform-
ance records in accordance with regulations issued oy the Secretary 
to carry out this section. Notwithstanding any provision of law, 
written authorization shall not be required to obtain information 
on the motor vehicle driving record of an individual under consider-
ation for employment with a motor carrier.". 
(2) CONFORMING AMENDMENT.—^The analysis for chapter 
5 is amended by inserting after the item relating to section 
507 the following: 
"508. Safety performance history of new drivers; limitation on liability.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 49 use 508 note, 
(a) shall take effect on January 31, 1999. 
(c) SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.— 
(1) MATTERS TO BE INCLUDED.—^As part of the rulemaking 
that the Secretary is conducting under section 114 of the 
Hazardous Materials Transportation Authorization Act of 1994 
(108 Stat. 1677-1678) to amend section 391.23 of title 49, 
Code of Federal Regulations (or successor regulations thereto), 
the Secretary shall amend such section 391.23 (in addition 
to the matters set forth in such section 114) to provide protec-
tion for driver privacy and to establish procedures for review, 
correction, and rebuttal of the safety performance records of 
a commercial motor vehicle driver. 
(2) COMPLETION.—^The rulemaking and the amendments 
referred to in paragraph (1) shall be completed by January 
31, 1999. 
SEC. 4015. PENALTIES. 
(a) NOTIFICATION OF VIOLATIONS AND ENFORCEMENT PROCE-
DURES.—Section 521(b)(1) is amended— 
(1) in the third sentence of subparagraph (A) by striking 
"fix a reasonable time for abatement of the violation,"; and 
(2) by striking subparagraph (B) and inserting the 
following: 
"(B) NONAPPLICABILITY TO REPORTING AND RECORD-
KEEPING VIOLATIONS.^—Subparagraph (A) shall not apply 
to reporting and recordkeeping violations.". 
(b) CIVIL PENALTIES.—Section 521(b)(2) is amended— 
(1) by striking subparagraph (A) and inserting the 
following: 
"(A) IN GENERAL.—^Except as otherwise provided in 
this subsection, any person who is determined by the Sec-
retary, after notice and opportunity for a hearing, to have 
committed an act that is a violation of regulations issued 
by the Secretary under subchapter HI of chapter 311 
(except sections 31138 and 31139) or section 31502 of this 
title shall be liable to the United States for a civil penalty 
in an amount not to exceed $10,000 for each offense. Not-
withstanding any other provision of this section (except 
subparagraph (C)), no civil penalty shall be assessed under 
this section against an employee for a violation in an 
amount exceeding $2,500."; 
(2) by redesignating subparagraphs (B) and (C) as sub-
paragraphs (C) and (D), respectively; and 
(3) by inserting after subparagraph (A) the following: 
"(B) RECORDKEEPING AND REPORTING VIOLATIONS.—A 
person required to make a report to the Secretary, answer 
112 STAT. 412 
PUBLIC LAW 105-178-^UNE 9, 1998 
a question, or make, prepare, or preserve a record under 
section 504 of this title or under any regulation issued 
by the Secretary pursuant to subchapter III of chapter 
311 (except sections 31138 and 31139) or section 31502 
of this title about transportation by motor carrier, motor 
carrier of migrant workers, or motor private carrier, or 
an officer, agent, or employee of that person— 
"(i) who does not make that report, does not specifi-
cally, completely, and truthfully answer that question 
in 30 days from the date the Secretary requires the 
question to be answered, or does not make, prepare, 
or preserve that record in the form and manner pre-
scribed by the Secretary, shall be liable to the United 
States for a civil penalty in an amount not to exceed 
$500 for each offense, and each day of the violation 
shall constitute a separate offense, except that the 
total of all civil penalties assessed against any violator 
for all offenses related to any single violation shall 
not exceed $5,000; or 
"(ii) who knowingly falsifies, destroys, mutilates, 
or changes a required report or record, knowingly files 
a false report with the Secretary, knowingly makes 
or causes or permits to be made a false or incomplete 
entry in that record about an operation or business 
fact or transaction, or knowingly makes, prepares, or 
preserves a record in violation of a regulation or order 
of the Secretary, shall be liable to the United States 
for a civil penalty in an amount not to exceed $5,000 
for each violation, if any such action can be shown 
to have misrepresented a fact that constitutes a viola-
tion other than a reporting or recordkeeping violation.". 
(c) CONFORMING AMENDMENTS.—Section 522 is amended by 
striking "(a)" and by striking subsection (b). 
SEC. 4016. AUTHOMTY OVER CHARTER BUS TRANSPORTATION. 
Section 14501(a) is amended to read as follows: 
"(a) MOTOR CARRIERS OF PASSENGERS.— 
"(1) LIMITATION ON STATE LAW.—^No State or political sub-
division thereof and no interstate agency or other political 
agency of 2 or more States shall enact or enforce any law, 
rule, regulation, standard, or other provision having the force 
andeffect of law relating to— 
"(A) scheduling of interstate or intrastate transpor-
tation (including discontinuance or reduction in the level 
of service) provided by a motor carrier of passengers subject 
to jurisdiction under subchapter I of chapter 135 of this 
title on an interstate route; 
"(B) the implementation of any change in the rates 
for such transportation or for any charter transportation 
except to the extent that notice, not in excess of 30 days, 
of changes in schedules may be required; or 
"(C) the authority to provide intrastate or interstate 
charter bus transportation. 
This paragraph shall not apply to intrastate commuter bus 
operations. 
"(2) MATTERS NOT COVERED.—^Paragraph (1) shall not 
restrict the safety regulatory authority of a State with respect 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 413 
to motor vehicles, the authority of a State to impose highway 
route controls or limitations based on the size or weight of 
the motor vehicle, or the authority of a State to regulate carriers 
with regard to minimum amounts of financial responsibility 
relating 
to 
insurance 
requirements 
and 
self-insurance 
authorization.". 
SEC. 4017. TELEPHONE HOTUNE FOR REPORTING SAFETY VIOLA-
TIONS. 
(a) IN GENERAL.—For a period of not less than 2 years begin-
ning on or before the 90th day following the date of enactment 
of this Act, the Secretary shall establish, maintain, and promote 
the use of a nationwide toll-free telephone system to be used by 
drivers of commercial motor vehicles and others to report potential 
violations of Federal motor carrier safety regulations. 
(b) MONITORING.—^The Secretary shall monitor reports received 
by the telephone system and may consider nonfrivolous information 
provided by such reports in setting priorities for motor carrier 
safety audits and other enforcement activities. 
(c) PROTECTION OF PERSONS REPORTING VIOLATIONS.— 
(1) PROHIBITION.—^A person reporting a potential violation 
to the telephone system while acting in good faith may not 
be discharged, disciplined, or discriminated against regarding 
pay, terms, or privileges of employment because of the reporting 
of such violation. 
(2) APPLICABILITY OF SECTION 31105 OF TITLE 49.—^For pur-
poses of section 31105 of title 49, United States Code, a violation 
or alleged violation of paragraph (1) shall be treated as a 
violation of section 31105(a) of such title. 
(d) FUNDING.—^From amounts set aside under section 104(a) 
of title 23, United States Code, the Secretary may use not more 
than $250,000 for each of fiscal years 1999 through 2003 to carry 
out this section. 
SEC. 4018. INSUUN TREATED DIABETES MELLITUS. 
(a) DETERMINATION.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall determine whether 
a practicable and cost-effective screening, operating, and monitoring 
protocol could likely be developed for insulin treated diabetes 
mellitus individuals who want to operate commercial motor vehicles 
in interstate commerce that would ensure a level of SEifety equal 
to or greater than that achieved with the current prohibition on 
individuals with insulin treated diabetes mellitus driving such 
vehicles. 
(b) COMPILATION AND EVALUATION.—Prior to making the deter-
mination in subsection (a), the Secretary shall compile and evaluate 
research and other information on the effects of insulin treated 
diabetes mellitus on driving performance. In preparing the compila-
tion and evaluation, the Secretary shall, at a minimum— 
(1) consult with States that have developed and are 
implementing a screening process to identify individuals with 
insulin treated diabetes mellitus who may obtain waivers to 
drive commercial motor vehicles in intrastate commerce; 
(2) evaluate the Department's policy and actions to permit 
certain insulin treated diabetes mellitus individuals who meet 
selection criteria and who successfully comply with the 
approved monitoring protocol to operate in other modes of 
transportation; 
49 use 31143 
note. 
49 use 31305 
note. 
112 STAT. 414 
PUBLIC LAW 105-178-^UNE 9, 1998 
Reports. 
49 use 31305 
note. 
49 use 31306 
note. 
49 use 31305 
note. 
(3) assess the possible legal consequences of permitting 
insulin treated diabetes mellitus individuals to drive commer-
cial motor vehicles in interstate commerce; 
(4) analyze available data on the safety performance of 
diabetic drivers of motor vehicles; 
(5) assess the relevance of intrastate driving and experi-
ences of other modes of transportation to interstate commercial 
motor vehicle operations; and 
(6) consult with interested groups knowledgeable about 
diabetes and related issues. 
(c) REPORT TO CONGRESS.—If the Secretary determines that 
no protocol described in subsection (a) could likely be developed, 
the Secretary shall report to Congress the basis for such determina-
tion. 
(d) INITIATION OF RULEMAKING.—If the Secretary determines 
that a protocol described in subsection (a) could likely be developed, 
the Secretary shall report to Congress a description of the elements 
of such protocol and shall promptly initiate a rulemaking proceeding 
to implement such protocol. 
SEC. 4019. PERFORMANCE-BASED CDL TESTING. 
(a) REVIEW.—^Not later than 1 year after the date of enactment 
of this Act, the Secretary shall complete a review of the procedures 
established and implemented by States under section 31305 of 
title 49, United States Code, to determine if the current system 
for testing is an accurate measure and reflection of an individual's 
knowledge and skills as an operator of a commercial motor vehicle 
and to identify methods to improve testing and licensing standards, 
including identifying the benefits and costs of a graduated licensing 
system. 
(b) REGULATIONS.—^The Secretary may issue regulations under 
section 31305 of title 49, United States Code, reflecting the results 
of the review. 
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING. 
(a) STUDY.—^The Secretary shall conduct a study of the feasibil-
ity of utilizing law enforcement officers for conducting post-accident 
alcohol testing of commercial motor vehicle operators under section 
31306 of title 49, United States Code, as a method of obtaining 
more timely information. The study shall also assess the impact 
of the current post-accident alcohol testing requirements on motor 
carrier employers, including any burden that employers may 
encounter in meeting the testing requirements of such section 
31306. 
(b) REPORT.—^Not later than 18 months after the date of enact-
ment of this Act, the Secretary shall transmit to Congress a report 
on the study, together with such recommendations as the Secretary 
determines appropriate. 
SEC. 4021. DRIVER FATIGUE. 
(a) TECHNOLOGIES TO REDUCE FATIGUE OF COMMERCIAL MOTOR 
VEHICLE OPERATORS.— 
(1) DEVELOPMENT OF TECHNOLOGIES.—AS part of the activi-
ties of the Secretary relating to the fatigue of commercial 
motor vehicle operators, the Secretary shall encourage the 
research, development, and demonstration of technologies that 
may aid in reducing such fatigue. 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 415 
(2) MATTERS TO BE TAKEN INTO ACCOUNT.—In carrying 
out paragraph (1), the Secretary shall take into account— 
(A) the degree to which the technology will be cost 
efficient; 
(B) the degree to which the technology can be effec-
tively used in diverse climatic regions of the Nation; and 
(C) the degree to which the application of the tech-
nology will further emissions reductions, energy conserva-
tion, and other transportation goals. 
(3) FUNDING.—^The Secretary may use amounts made avail-
able under section 5001(a)(2) of this Act. 
(b) NONSEDATING MEDICATIONS.—The Secretary shall review 
available information on the effects of medications (including anti-
histamines) on driver fatigue, awareness, and performance and 
shall consider encouraging, if appropriate, the use of nonsedating 
medications (including nonsedating antihistamines) as a means of 
reducing the adverse effects of the use of other medications by 
drivers. 
SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—^The Secretary shall carry out a pilot 
program in cooperation with 1 or more States to improve upon 
the timely exchange of pertinent driver performance and safety 
records data to motor carriers. 
(2) PURPOSE.—^The purpose of the program shall be to— 
(A) determine to what extent driver performance 
records data, including relevant fines, penalties, and fail-
ures to appear for a hearing or trial, should be included 
as part of any information systems under the Department 
of Transportation's oversight; 
(B) assess the feasibility, costs, safety impact, pricing 
impact, and benefits of record exchanges; and 
(C) assess methods for the efficient exchange of driver 
safety data available from existing State information sys-
tems and sources. 
(3) COMPLETION DATE.—^The pilot program shall end on 
the last day of the 18-month period beginning on the date 
of initiation of the pilot program. 
(b) RULEMAKING.—^After completion of the pilot program, the 
Secretary shall initiate, if appropriate, a rulemaking to revise the 
information system under section 31309 of title 49, United States 
Code, to take into account the results of the pilot program. 
SEC. 4023. EMPLOYEE PROTECTIONS. 
Not later than 2 years after the date of enactment of this 
Act, the Secretary, in conjunction with the Secretary of Labor, 
shall report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives on the effectiveness 
of existing statutory employee protections provided for under section 
31105 of title 49, United States Code. The report shall include 
recommendations to address any statutory changes necessary to 
strengthen the enforcement of such employee protection provisions. 
49 use 31309 
note. 
Reports. 
49 use 31105 
note. 
112 STAT. 416 
PUBLIC LAW 105-178-JUNE 9, 1998 
Regulations. 
49 use 31136 
note. 
Regulations. 
49 use 507 note. 
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY. 
Not later than 6 months after the date of enactment of this 
Act, the Secretary shall initiate a rulemaking proceeding to deter-
mine whether or not relevant commercial motor carrier safety regu-
lations issued under section 31136 of title 49, United States Code, 
should apply to all interstate school transportation operations by 
local educational agencies (as defined in section 14101 of the 
Elementary and Secondary Education Act of 1965). 
SEC. 4025. TRUCK TRAILER CONSPICUITY. 
(a) ISSUANCE OF FINAL RULE.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a 
final rule regarding the conspicuity of trailers manufactured before 
December 1, 1993. 
(b) CONSIDERATIONS.—In conducting the rulemaking under sub-
section (a), the Secretary shall consider, at a minimum, the follow-
ing: 
(1) The cost-effectiveness of any requirement to retrofit 
trailers manufactured before December 1, 1993. 
(2) The extent to which motor carriers have voluntarily 
taken steps to increase equipment visibility. 
(3) Regulatory flexibility to accommodate differing trailer 
designs and configurations, such as tank trucks. 
SEC. 4026. DOT IMPLEMENTATION PLAN. 
(a) ASSESSMENT.—^Not later than 18 months after the date 
of enactment of this section, the Secretary shall assess the scope 
of the problem of shippers, freight forwarders, brokers, consignees, 
or other persons (other than rail carriers, motor carriers, motor 
carriers of migrant workers, or motor private carriers) encouraging 
violations of chapter 5 of title 49, United States Code, or a regula-
tion or order issued by the Secretary under such chapter. 
(b) SUBMISSION OF IMPLEMENTATION PLAN.—After completion 
of the assessment under subsection (a), the Secretary may submit 
to the Congress a plan for implementing authority (if subsequently 
provided by law) to investigate and bring civil actions to enforce 
chapter 5 of title 49, United States Code, or regulations or orders 
issued by the Secretary under such chapter with respect to persons 
described in "subsection (a). 
(c) CONTENTS OF IMPLEMENTATION PLAN.—In developing the 
implementation plan under subsection (b), the Secretary shall con-
sider, as appropriate— 
(1) in what circumstances the Secretary would exercise 
the new authority; 
(2) how the Secretary would determine that shippers, 
freight 
forwarders, brokers, consignees, or other persons 
committed violations described in subsection (a), including what 
types of evidence would be conclusive; 
(3) what procedures would be necessary during investiga-
tions to ensure the confidentiality of shipper contract terms 
prior to the Secretar^s findings of violations; 
(4) what impact the exercise of the new authority would 
have on the Secretary's resources, including whether additional 
investigative or legal resources would be necessary and whether 
the staff would need specialized education or training to exer-
cise properly such authority; 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 417 
(5) to what extent the Secretary would conduct educational 
activities for persons who would be subject to the new authority; 
and 
(6) any other information that would assist the Congress 
in determining whether to provide the Secretary the new 
authority. 
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACIUTIES. 
49 USC 31502 
(a) 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 projected to exist, and propose a plan to reduce the shortages. 
The study may be carried out in cooperation with research entities 
representing motor carriers, the travel plaza industry, and commer-
cial motor vehicle drivers. 
(b) REPORT.—^Not later than the 3 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. 
(c) FUNDING.—From amounts set aside under section 104(a) 
of title 23, United States Code, for each of fiscal years 1999, 2000, 
and 2001, the Secretary may use not to exceed $500,000 per fiscal 
year to carry out this section. 
SEC. 4028. QUAUFICATIONS OF FOREIGN MOTOR CARRIERS. 
(a) REVIEW.—^Not later than 90 days after the date of enactment 
of this Act, the Secretary shall review— 
(1) the qualifications of any foreign motor carrier, the 
application for which has not been processed due to the morato-
rium on the granting of authority to foreign carriers to operate 
in the United States, to operate as a motor carrier in the 
United States; and 
(2) the carrier's likely ability to comply with applicable 
laws and regulations of the United States. 
(b) USE OF REVIEW.—^The review conducted under subsection 
(a) shall not constitute a finding by the Secretary under section 
13902 of title 49, United States Code, that a motor carrier is 
willing and able to comply with requirements of such section. The 
results of the review may be used by the Secretary as the Secretary 
determines appropriate. 
(c) REPORT.—^Not later than 120 days after the date of enact-
ment this Act, the Secretary shall submit a report on the results 
of the review to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. The report 
shall include— 
(1) any findings made by the Secretary under subsection 
(a); 
(2) information on which carriers have applied to the 
Department of Transportation under that section; and 
(3) a description of the process utilized to respond to such 
applications and to review the safety fitness of those carriers. 
112 STAT. 418 
PUBLIC LAW 105-178^JUNE 9, 1998 
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS. 
The Department of Transportation shall maintain at least the 
number of Federal motor carrier safety inspectors for international 
border commercial vehicle inspections as in effect on September 
30, 1997, or provide for alternative resources and mechanisms to 
ensure at least an equivalent level of commercial motor vehicle 
safety inspections. Such funds as are necessary to carry out this 
section shall be made available within the limitation on general 
operating expenses of the Department of Transportation. 
Contracts. 
SEC. 4030. SCHOOL TRANSPORTATION SAFETY. 
(a) STUDY.—^Not later than 3 months after the date of enactment 
of this Act, the Secretary shall offer to enter into an agreement 
with the Transportation Research Board of the National Academy 
of Sciences to conduct, subject to the availability of appropriations, 
a study of the safety issues attendant to the transportation of 
school children to and from school and school-related activities 
by various transportation modes. 
(b) TERMS OF AGREEMENT,—^The agreement under subsection 
(a) shall provide that— 
(1) the Transportation Research Board, in conducting the 
study, shall consider— 
(A) in consultation with the National Transportation 
Safety Board, the Bureau of Transportation Statistics, and 
other relevant entities, available crash injury data; 
(B) vehicle design and driver training requirements, 
routing, and operational factors that affect safety; and 
(C) other factors that the Secretary considers to be 
appropriate; 
(2) if the data referred to in paragraph (1)(A) is unavailable 
or insufficient, the Transportation Research Board shall rec-
ommend a new data collection regimen and implementation 
guidelines; and 
(3) a panel shall conduct the study and shall include— 
(A) representatives of— 
(i) highway safety organizations; 
(ii) school transportation; 
(iii) mass transportation operators; 
(iv) employee organizations; and 
(v) bicycling organizations; 
(B) academic and policy analysts; and 
(C) other interested parties. 
(c) REPORT.—^Not later than 12 months after the Secretary 
enters into an agreement under subsection (a), the Secretary shall 
transmit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that con-
tains the results of the study. 
(d) AUTHORIZATION.—^There are authorized to be appropriated 
to the Department of Transportation to carry out this section 
$200,000 for fiscal year 2000 and $200,000 for fiscal year 2001. 
Such sums shall remain available until expended. 
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE. 
(a) GENERAL RULE.—^Notwithstanding the provisions of section 
13902(c)(4)(A) of title 49, United States Code, the New Mexico 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 419 
Commercial Zone shall be a commercial zone for purposes of 
transportation of property only under section 13506(b) of such title. 
(b) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with other Federal agencies that have responsibilities 
over traffic between the United States and Mexico. 
(c) SUBMISSION OF PLAN.—^Not later than 3 months after the 
date of enactment of this Act, the State of New Mexico shall 
submit to the Secretary a plan describing how the State will monitor 
commercial motor vehicle traffic and enforce safety regulations. 
(d) SAVINGS PROVISION.—Nothing in this section shall affect 
any action commenced or pending before the Secretary or Surface 
Transportation Board before the date of enactment of this Act. 
(e) NEW MEXICO COMMERCIAL ZONE DEFINED.—In this section, 
the term "New Mexico Commercial Zone" means the area that 
is comprised of Dona Ana County and Luna County in New Mexico. 
(f) DESIGNATION.—^The designation and operation of the New 
Mexico Commercial Zone shall become effective upon the date of 
enactment of this Act. 
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS. 
49 USC 31102 
(a) STUDY.—^The Secretary shall conduct a study on the effects 
of reductions of grants under section 31102 of title 49, United 
States Code, due to nonconformity of State intrastate motor carrier, 
commercial motor vehicle, and driver requirements with Federal 
interstate requirements. In conducting the study, the Secretary 
shall consider, at a minimum— 
(1) national uniformity and the purposes of the motor car-
rier safety assistance program; 
(2) State motor carrier, commercial motor vehicle, and 
driver safety oversight and enforcement capabilities; and 
(3) the safety impacts, costs, and benefits of full participa-
tion in the program. 
(b) REPORT.—^Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report on the results of the study. 
(c) ADJUSTMENT OF STATE ALLOCATIONS.—The Secretary is 
authorized to adjust State allocations under section 31103 of title 
49, United States Code, to reflect the results of the study. 
TITLE V—TRANSPORTATION RESEARCH 
Subtitle A—Funding 
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) SURFACE TRANSPORTATION RESEARCH.—^For carrying out 
sections 502, 506, 507, and 508 of title 23, United States Code, 
and section 5112 of this Act $96,000,000 for fiscal year 1998, 
$97,000,000 for fiscal year 1999, $97,000,000 for fiscal year 
2000, $98,000,000 for fiscal year 2001, $101,000,000 for fiscal 
year 2002, and $103,000,000 for fiscal year 2003. 
(2) TECHNOLOGY DEPLOYMENT PROGRAM.—To carry out sec-
tion 503 of title 23, United States Code, $35,000,000 for fiscal 
year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for 
112 STAT. 420 
PUBLIC LAW 105-178—JUNE 9, 1998 
fiscal year 2000, $45,000,000 for fiscal year 2001, $45,000,000 
for fiscal year 2002, and $50,000,000 for fiscal year 2003. 
(3) TRAINING AND EDUCATION.—For carrying out section 
504 of title 23, United States Code, $14,000,000 for fiscal year 
1998, $15,000,000 for fiscal year 1999, $16,000,000 for fiscal 
year 2000, $18,000,000 for fiscal year 2001, $19,000,000 for 
fiscal year 2002, and $20,000,000 for fiscal year 2003. 
(4) BUREAU OF TRANSPORTATION STATISTICS.—^For the 
Bureau of Transportation Statistics to carry out section 111 
of title 49, United States Code, $31,000,000 for each of fiscal 
years 1998 through 2003. 
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND 
DEVELOPMENT.—^For carrying out sections 5204, 5205, 5206, 
and 5207 of this Act $95,000,000 for fiscal year 1998, 
$95,000,000 for fiscal year 1999, $98,200,000 for fiscal year 
2000, $100,000,000 for fiscal year 2001, $105,000,000 for fiscal 
year 2002, and $110,000,000 for fiscal year 2003. 
(6) ITS DEPLOYMENT.—For carrying out sections 5208 and 
5209 of this Act $101,000,000 for fiscal year 1998, $105,000,000 
for fiscal year 1999, $113,000,000 for fiscal year 2000, 
$118,000,000 for fiscal year 2001, $120,000,000 for fiscal year 
2002, and $122,000,000 for fiscal year 2003. 
(7) UNIVERSITY TRANSPORTATION RESEARCH.—For carrying 
out section 5505 of title 49, United States Code, $31,150,000 
for fiscal year 1998, $31,150,000 for fiscal year 1999, 
$32,750,000 for fiscal year 2000, $32,750,000 for fiscal year 
2001, $32,000,000 for fiscal year 2002, and $32,000,000 for 
fiscal year 2003. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds 
authorized to be appropriated by subsection (a) 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 
Federal share of the cost of a project or activity carried out using 
such funds shall be 80 percent (unless otherwise expressly provided 
by this subtitle or otherwise determined by the Secretary with 
respect to a project of activity) and such funds shall remain avail-
able until expended. 
(c) ALLOCATIONS.— 
(1) SURFACE TRANSPORTATION RESEARCH.—Of the amounts 
made available under subsection (a)(1)— 
(A) $10,000,000 for each of fiscal years 1998 through 
2003 shall be available to carry out section 502(e) of title 
23, United States Code (relating to long-term pavement 
performance); 
(B) not to exceed $2,000,000 for each of fiscal years 
1998 through 2003 shall be available to carry out section 
502(f) of such title (relating to seismic research), of which 
not to exceed $2,500,000 may be used to upgrade earth-
quake simulation facilities as required to carry out the 
program; 
(C) $500,000 for each of fiscal years 1998 through 
2003 shall be available to carry out section 506 of such 
title (relating to international outreach); and 
(D) $5,000,000 for each of fiscal years 1998 through 
2003 to carry out research on improved methods of using 
concrete pavement in the construction, reconstruction, and 
repair of Federal-aid highways. 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 421 
(2) TECHNOLOGY DEPLOYMENT.—Of the amounts made 
availaijle under subsection (a)(2)— 
(A) $1,000,000 for each of fiscal years 1998 through 
2003 shall be available to carry out section 503(b)(3)(A)(i) 
^ 
of title 23, United States Code (relating to research develop-
ment technology transfer activities); and 
(B) $10,000,000 for fiscal year 1998, $15,000,000 for 
fiscal year 1999, $17,000,000 for fiscal year 2000, and 
$20,000,000 for each of fiscal years 2001 through 2003 
shall be available to carry out section 503(b)(3)(A)(ii) of 
such title (relating to repair, rehabilitation, and construc-
tion). 
(3) TRAINING AND EDUCATION.—Of the amounts made avail-
able under subsection (a)(3)— 
(A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal 
year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for 
fiscal year 2001, $7,000,000 for fiscal year 2002, and 
$8,000,000 for fiscal year 2003 shall be available to carry 
out section 504(a) of title 23, United States Code (relating 
to the National Highway Institute); 
(B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal 
year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for 
fiscal year 2001, $10,000,000 for fiscal year 2002, and 
$10,000,000 for fiscal year 2003 shall be available to carry 
out section 504(b) of such title (relating to local technical 
assistance); and 
(C) $2,000,000 for each of fiscal years 1998 through 
2003 shall be available to carry out section 504(c)(2) of 
such title (relating to the Eisenhower Transportation 
Fellowship Program). 
(4) ITS DEPLOYMENT.—Of the amounts made available 
under subsection (a)(6)— 
(A) $74,000,000 for fiscal year 1998, $75,000,000 for 
fiscal year 
1999, $80,000,000 for fiscal year 
2000, 
$83,000,000 for fiscal year 2001, $85,000,000 for fiscal year 
2002, and $85,000,000 for fiscal year 2003 shall be available 
to carry out section 5208 of this Act (relating to Intelligent 
Transportation Systems integration); and 
(B) $25,500,000 for fiscal year 1998, $27,200,000 for 
fiscal year 
1999, $30,200,000 for fiscal year 
2000, 
$32,200,000 for fiscal year 2001, $33,500,000 for fiscal year 
2002, and $35,500,000 for fiscal year 2003 shall be available 
to carry out section 5209 of this Act (relating to commercial 
vehicle infrastructure). 
(d) TRANSFERS OF FUNDS.—The Secretary may transfer not 
to exceed 10 percent of the amounts allocated in a fiscal year 
under a subparagraph in each of paragraphs (1) through (4) of 
subsection (c) to the amounts allocated under any other subpara-
graph in the paragraph. 
SEC. 5002. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) by section 5001(a) 
of this Act shall not exceed $403,150,000 for fiscal year 1998, 
$409,150,000 for fiscal year 1999, $427,950,000 for fiscal year 2000, 
112 STAT. 422 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
$442 750,000 for fiscal year 2001, $453,000,000 for fiscal year 2002, 
and $468,000,000 for fiscal year 2003. 
49 use 102 note. 
SEC. 5003. NOTICE. 
(a) NOTICE OF REPROGRAMMING.—If any funds authorized for 
carrying out this title or the amendments made by this title are 
subject to a reprogramming action that requires notice to be pro-
vided to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, notice of such action shall concurrently 
be provided to the Committee on Transportation and Infrastructure 
and the Committee on Science of the House of Representatives 
and the Committee on Environment and Public Works of the Senate. 
(b) NOTICE OF REORGANIZATION.—On or before the 15th 
day 
preceding the date of any major reorganization of a program, project, 
or activity of the Department of Transportation for which funds 
are authorized by this title or the amendments made by this title, 
the Secretary shall provide notice of such reorganization to the 
Committee on Transportation and Infrastructure and the Commit-
tee on Science of the House of Representatives and the Committee 
on Environment and Public Works of the Senate. 
Subtitle B—^Research and Technology 
SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM. 
Title 23, United States Code, is amended— 
(1) in the table of chapters by adding at the end the 
following: 
"5. Research and Technology 
501"; 
and 
(2) by adding at the end the following: 
"CHAPTER 5—RESEARCH AND TECHNOLOGY 
"Sec. 
"501. Definitions. 
"502. Surface transportation research. 
"503. Technology deployment program. 
"504. Training and education. 
"505. State planning and research. 
"506. International highway transportation outreach program. 
"507. Surface transportation-environment cooperative research program. 
"508. Surface transportation research strategic planning. 
''§501. Definitions 
"In this chapter, the following definitions apply: 
"(1) FEDERAL LABORATORY.—The term 'Federal laboratory' 
includes a Grovemment-owned, Government-operated laboratory 
and a Government-owned, contractor-operated laboratory. 
"(2) SAFETY.—^The term 'safety' includes highway and traffic 
safety systems, research, and development relating to vehicle, 
highway, driver, passenger, bicyclist, and pedestrian character-
istics, accident investigations, communications, 
emergency 
medical care, and transportation of the injured.". 
SEC. 5102. SURFACE TRANSPORTATION RESEARCH. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 423 
*§ 502. Surface transportation research 
"(a) GENERAL AUTHORITY.— 
"(1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER 
ACTIVITIES.—^The Secretary may carry out research, develop-
ment, and technology transfer activities with respect to— 
"(A) motor carrier transportation; 
"(B) all phases of transportation planning and develop-
ment (including construction, operation, modernization, 
development, design, maintenance, safety, financing, and 
traffic conditions); and 
"(C) the effect of State laws on the activities described 
in subparagraphs (A) and (B). 
"(2) TESTS AND DEVELOPMENT.—The Secretary may test, 
develop, or assist in testing and developing any material, inven-
tion, patented article, or process. 
"(3) COOPERATION, GRANTS, AND CONTRACTS.—The Sec-
retary may carry out this section— 
"(A) independently; 
"(B) in cooperation with other Federal departments, 
agencies, and instrumentalities and Federal laboratories; 
or 
"(C) by making grants to, or entering into contracts, 
cooperative agreements, and other transactions with, the 
National Academy of Sciences, the American Association 
of State Highway and Transportation Officials, or any Fed-
eral laboratory, State agency, authority, 
association, 
institution, for-profit or nonprofit corporation, organization, 
foreign country, or person. 
"(4) 
TECHNOLOGICAL INNOVATION.—The programs 
and 
activities carried out under this section shall be consistent 
with the surface transportation research and technology 
development strategic plan developed under section 508. 
"(5) FUNDS.— 
"(A) SPECIAL ACCOUNT.—In addition to other fiinds 
made available to carry out this section, the Secretary 
shall use such funds as may be deposited by any cooperat-
ing organization or person in a special account of the Treas-
ury established for this purpose. 
"(B) USE OF FUNDS.—^The Secretary shall use funds 
made available to carry out this section to develop, admin-
ister, communicate, and promote the use of products of 
research, development, and technology transfer programs 
under this section. 
"(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 
"(1) IN GENERAL.—^To encourage innovative solutions to 
surface transportation problems and stimulate the deployment 
of new technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with— 
"(A) non-Federal entities, including State and local 
governments, foreign governments, colleges and univer-
sities, 
corporations, 
institutions, 
partnerships, 
sole 
proprietorships, and trade associations that are incor-
porated or established under the laws of any State; and 
"(B) Federal laboratories. 
"(2) AGREEMENTS.—In carrying out this subsection, the Sec-
retary may enter into cooperative research and development 
5»-194 O - 98 - 15: QL 3 Part 1 
112 STAT. 424 
PUBLIC LAW 105-178-^JUNE 9, 1998 
agreements (as defined in section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a)). 
"(3) FEDERAL SHARE.— 
"(A) IN GENERAL.—The Federal share of the cost of 
activities carried out under a cooperative research and 
development agreement entered into under this subsection 
shall not exceed 50 percent, except that if there is substan-
tial public interest or benefit, the Secretary may approve 
a greater Federal share. 
"(B) NON-FEDERAL SHARE.—All costs directly incurred 
by the non-Federal partners, including personnel, travel, 
and hardware development" costs, shall be credited toward 
the non-Federal share of the cost of the activities described 
in subparagraph (A). 
"(4) USE OF TECHNOLOGY.—^The research, development, or 
use of a technology under a cooperative research and develop-
ment agreement entered into under this subsection, including 
the terms under which the technology may be licensed and 
the resulting royalties may be distributed, shall be subject 
to the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.). 
"(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 3709 
of the Revised Statutes (41 U.S.C. 5) shall not apply to a 
contract or agreement entered into under this chapter. 
"(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall 
include in surface transportation research, technology development, 
and technology transfer programs carried out under this title coordi-
nated activities in the following areas: 
"(1) Development, use, and dissemination of indicators, 
including appropriate computer programs for collecting and 
analyzing data on the status of infrastructure facilities, to 
measure the performance of the surface transportation systems 
of the United States, including productivity, efficiency, energy 
use, air quality, congestion, safety, maintenance, and other 
factors that reflect system performance. 
"(2) Methods, materials, and testing to improve the durabil-
ity of surface transportation infrastructure facilities and extend 
the life of bridge structures, including— 
"(A) new and innovative technologies to reduce corro-
sion; 
"(B) tests simulating seismic activity, vibration, and 
weather; and 
"(C) the use of innovative recycled materials. 
"(3) Technologies and practices that reduce costs and mini-
mize disruptions associated with the construction, rehabilita-
tion, and maintenance of surface transportation systems, 
including responses to natural disasters. 
"(4) Development of nondestructive evaluation equipment 
for use with existing infrastructure facilities and with next-
generation infrastructure facilities that use advanced materials. 
"(5) Dynamic simulation models of surface transportation 
systems for— 
"(A) predicting capacity, safety, and infrastructure 
durability problems; 
"(B) evaluating planned research projects; and 
"(C) testing the strengths and weaknesses of proposed 
revisions to surface transportation operations programs. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 425 
"(6) Economic highway geometries, structures, and desir-
able weight and size standards for vehicles using the public 
highways and the feasibility of uniformity in State regulations 
with respect to such standards. 
"(7) Telecommuting and the linkages between transpor-
tation, information technology, and community development 
and the impact of technological change and economic restructur-
ing on travel demand. 
"(8) Expansion of knowledge of implementing life cycle 
cost analysis, including— 
"(A) establishing the appropriate analysis period and 
discount rates; 
"(B) learning how to value and properly consider use 
costs; 
"(C) determining tradeoffs between reconstruction and 
rehabilitation; and 
"(D) establishing methodologies for balancing higher 
initial costs of new technologies and improved or advanced 
materials against lower maintenance costs. 
"(9) Standardized estimates, to be developed in conjunction 
with the National Institute of Standards and Technology and 
other appropriate organizations, of useful life under various 
conditions for advanced materials of use in surface transpor-
tation. 
"(10) Evaluation of traffic calming measures that promote 
community preservation, transportation mode choice, and 
safety. 
"(11) Development and implementation of safety-enhancing 
equipment, including unobtrusive eyetracking technology. 
"(d) ADVANCED RESEARCH.— 
"(1) IN GENERAL.—^The Secretary 
shall establish an 
advanced research program, consistent with the surface 
transportation research and technology development strategic 
plan developed under section 508, that addresses longer-term, 
higher-risk research that shows potential benefits for improving 
the durability, efficiency, environmental impact, productivity, 
and safety (including bicycle and pedestrian safety) of highway 
and intermodal transportation systems. In carrying out the 
program, the Secretary shall strive to develop partnerships 
with the public and private sectors. 
"(2) RESEARCH AREAS.—In carrying out the program, the 
Secretary may make grants and enter into cooperative agree-
ments and contracts in such areas as the Secretary determines 
appropriate, including the following: 
"(A) Characterization of materials used in highway 
infrastructure, including analytical techniques, microstruc-
ture modeling, and the deterioration processes. 
"(B) Diagnostics for evaluation of the condition of 
bridge and pavement structures to enable the assessment 
of risks of failure, including from seismic activity, vibration, 
and weather. 
"(C) Design and construction details for composite 
structures. 
"(D) Safety technology-based problems in the areas 
of pedestrian and bicycle safety, roadside hazards, and 
composite materials for roadside safety hardware. 
112 STAT. 426 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(E) Environmental research, including particulate 
matter source apportionment and model development, 
"(F) Data acquisition techniques for system condition 
and performance monitoring. 
"(G) Human factors, including prediction of the 
response of travelers to new technologies. 
"(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— 
"(1) AUTHORITY.—The Secretary shall complete the long-
term pavement performance program tests initiated under the 
strategic highway research program established under section 
307(d) (as in effect on the day before the date of enactment 
of this section) and continued by the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.) 
through the midpoint of a planned 20-year life of the long-
term pavement performance program. 
"(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 
Under the program, the Secretary shall make grants and enter 
into cooperative agreements and contracts to— 
"(A) monitor, material-test, and evaluate highway test 
sections in existence as of the date of the grant, agreement, 
or contract; 
"(B) analyze the data obtained in carrying out subpara-
graph (A); and 
"(C) prepare products to fulfill program objectives and 
meet future pavement technology needs. 
"(f) SEISMIC RESEARCH PROGRAM.— 
"(1) ESTABLISHMENT.—^The Secretary shall establish a pro-
gram to study the vulnerability of the Federal-aid highway 
system and other surface transportation systems to seismic 
activity and to develop and implement cost-effective methods 
to reduce such vulnerability. 
"(2) COOPERATION WITH NATIONAL CENTER FOR EARTHQUAKE 
ENGINEERING RESEARCH.—^The Secretary shall conduct the pro-
gram in cooperation with the National Center for Earthquake 
Engineering Research at the University of Buffalo. 
"(3) 
COOPERATION 
WITH 
AGENCIES 
PARTICIPATING IN 
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.—The 
Secretary shall conduct the program in consultation and 
cooperation with Federal departments and agencies participat-
ing in the National Earthquake Hazards Reduction Program 
established by section 5 of the Earthquake Hazards Reduction 
Act of 1977 (42 U.S.C. 7704) and shall take such actions as 
may be necessary to ensure that the program is consistent 
with— 
"(A) planning and coordination activities of the Director 
of the Federal Emergency Management Agency under sec-
tion 5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and 
"(B) the plan developed by the Director of the Federal 
Emergency Management Agency under section 8(b) of such 
Act (42 U.S.C. 7705b(b)). 
"(g) INFRASTRUCTURE INVESTMENT NEEDS REPORT.— 
"(1) IN GENERAL.—Not later than January 31, 1999, and 
January 31 of every second year thereafter, the Secretary shall 
report to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives on— 
'^i4''^i: ..•* 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 427 
"(A) estimates of the future highway and bridge needs 
of the United States; and 
"(B) the backlog of current highway and bridge needs. 
"(2) COMPARISON WITH PRIOR REPORTS.—Each report under 
paragraph (1) shall provide the means, including all necessary 
information, to relate and compare the conditions and service 
measures used in the 3 biannual reports published prior to 
the date of enactment of the Transportation Equity Act for 
the 21st Century.". 
SEC. 5103. TECHNOLOGY DEPLOYMENT. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
"§ 503. Technology deployment 
"(a) TECHNOLOGY DEPLOYMENT INITIATIVES AND PARTNERSHIPS 
PROGRAM.— 
"(1) ESTABLISHMENT.—^The Secretary shall develop and 
administer a national technology deployment initiatives and 
partnerships program. 
"(2) PURPOSE.—^The purpose of the program shall be to 
significantly accelerate the adoption of innovative technologies 
by the surface transportation community. 
"(3) DEPLOYMENT GOALS.— 
"(A) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
establish not more than 5 deployment goals to carry out 
, paragraph (1). 
"(B) DESIGN.—^Each of the goals and the program devel-
oped to achieve the goals shall be designed to provide 
tangible benefits, with respect to transportation systems, 
in the areas of efficiency, safety, reliability, service life, 
environmental protection, and sustainability. 
"(C) STRATEGIES FOR ACHIEVEMENT.—For each goal, 
the Secretary, in cooperation with representatives of the 
transportation community such as States, local govern-
ments, the private sector, and academia, shall use domestic 
and international technology to develop strategies and ini-
tiatives to achieve the goal, including technical assistance 
in deploying technology and mechanisms for sharing 
information among program participants. 
"(4) INTEGRATION WITH OTHER PROGRAMS.—^The Secretary 
shall integrate activities carried out under this subsection with 
the efforts of the Secretary to disseminate the results of 
research sponsored by the Secretary and to facilitate technology 
transfer. 
"(5) LEVERAGING OF FEDERAL RESOURCES.—In selecting 
projects to be carried out under this subsection, the Secretary 
shall give preference to projects that leverage Federal funds 
with other significant public or private resources. 
"(6) CONTINUATION OF SHRP PARTNERSHIPS.—^Under the pro-
gram, the Secretary shall continue the partnerships established 
through the strategic highway research program estabUshed 
under section 307(d) (as in effect on the day before the date 
of enactment of this section). 
"(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 
Under the program, the Secretary may make grants and enter 
112 STAT. 428 
PUBLIC LAW 105-178—JUNE 9, 1998 
into cooperative agreements and contracts to foster alliances 
and support efforts to stimulate advances in transportation 
technology, including— 
"(A) the testing and evaluation of products of the 
strategic highway research program; 
"(B) the further development and implementation of 
technology in areas such as the Superpave system and 
the use of lithium salts and other alternatives to prevent 
and mitigate alkali silica reactivity; 
"(C) the provision of support for long-term pavement 
performance 
product 
implementation 
and 
technology 
access; and 
"(D) other activities to achieve the goals established 
under paragraph (3). 
"(8) REPORTS.—Not later than 18 months after the date 
of enactment of this section, and biennially theresifter, the 
Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a 
report on the progress and results of activities carried out 
under this section. 
"(9) ALLOCATION.—To the extent appropriate to achieve 
the goals established under paragraph (3), the Secretary may 
further allocate funds made available to carry out this section 
to States for their use. 
"(b) 
INNOVATIVE 
BRIDGE 
RESEARCH 
AND 
CONSTRUCTION 
PROGRAM.— 
"(1) IN GENERAL.—^The Secretary shall establish and carry 
out a program to demonstrate the application of innovative 
material technology in the construction of bridges and other 
structures. 
"(2) GrOALS.—^The goals of the program shall include— 
"(A) the development of new, cost-effective innovative 
material highway bridge applications; 
"(B) the reduction of maintenance costs and life-cycle 
costs of bridges, including the costs of new construction, 
replacement, or rehabilitation of deficient bridges; 
"(C) the development of construction techniques to 
increase safety and reduce construction time and traffic 
congestion; 
"(D) the development of engineering design criteria 
for innovative products and materials for use in highway 
bridges and structures; 
"(E) the development of cost-effective and innovative 
techniques to separate vehicle and pedestrian traffic from 
railroad traffic; 
"(F) the development of highway bridges and structures 
that will withstand natural disasters, including alternative 
processes for the seismic retrofit of bridges; and 
"(G) the development of new nondestructive bridge 
evaluation technologies and techniques. 
"(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 
"(A) IN GENERAL.—Under the program, the Secretary 
shall make grants to, and enter into cooperative agreements 
and contracts with— 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 429 
"(i) States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit organiza-
tions to pay the Federal share of the cost of research, 
development, 
and 
technology 
transfer 
concerning 
innovative materials; and 
"(ii) States to pay the Federal share of the cost 
of 
repair, 
rehabilitation, 
replacement, 
and 
new 
construction of bridges or structures that demonstrate 
the application of innovative materials. 
"(B) APPLICATIONS.—^To receive a grant under this sub-
section, an entity described in subparagraph (A) shall sub-
mit an application to the Secretary. The application shall 
be in such form and contain such information as the Sec-
retary may require. The Secretary shall select and approve 
the applications based on whether the project that is the 
subject of the grant meets the goals of the program 
described in paragraph (2). 
"(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Sec-
retary shall take such action as is necessary to ensure that 
the information and technology resulting from research con-
ducted under paragraph (3) is made available to State and 
local transportation departments and other interested parties 
as specified by the Secretary. 
"(5) FEDERAL SHARE.—^The Federal share of the cost of 
a project under this section shall be determined by the Sec-
retary.". 
SEC. 5104. TRAINING AND EDUCATION. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
*
*
§ 504. Training and education 
"(a) NATIONAL HIGHWAY INSTITUTE.— 
"(1) IN GENERAL.—^The Secretary shall operate in the Fed-
eral Highway Administration a National Highway Institute 
(in this subsection referred to as the 'Institute'). The Secretary 
shall administer, through the Institute, the authority vested 
in the Secretary by this title or by any other law for the 
development and conduct of education and training programs 
relating to highways. 
"(2) DUTIES OF THE INSTITUTE.—In cooperation with State 
transportation departments. United States industry, and any 
national or international entity, the Institute shall develop 
and administer education and training programs of instruction 
for— 
"(A) Federal Highway Administration, State, and local 
transportation agency employees; 
"(B) regional. 
State, 
and 
metropolitan 
planning 
organizations; 
"(C) State and local police, public safety, and motor 
vehicle employees; and 
"(D) United States citizens and foreign nationals 
engaged or to be engaged in surface transportation work 
of interest to the United States. 
112 STAT. 430 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(3) COURSES.—^The Institute may develop and administer 
courses in modem developments, techniques, methods, regula-
tions, management, and procedures relating to surface transpor-
tation, environmental mitigation and compliance, acquisition 
of rights-of-way, relocation assistance, engineering, safety, 
construction, maintenance and operations, contract administra-
tion, motor carrier safety activities, inspection, and highway 
finance. 
"(4) SET-ASIDE; FEDERAL SHARE.—Not to exceed V2. of 1 
percent of the funds apportioned to a State under section 
104(b)(3) for the surface transportation program shall be avail-
able for expenditure by the State transportation department 
for the payment of not to exceed 80 percent of the cost of 
tuition and direct educational expenses (excluding salaries) in 
connection with the education and training of employees of 
State and local transportation agencies in accordance with this 
subsection. 
"(5) FEDERAL RESPONSIBILITY.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), education and training of employees of Federal, State, 
and local transportation (including highway) agencies 
authorized under this subsection may be provided— 
"(i) by the Secretary at no cost to the States and 
local governments if the Secretary determines that 
provision at no cost is in the public interest; or 
"(ii) by the State through grants, cooperative agree-
ments, and contracts with public and private agencies, 
institutions, individuals, and the Institute. 
"(B) PAYMENT OF FULL COST BY PRIVATE PERSONS.— 
Private agencies, international or foreign entities, and 
individuals shall pay the full cost of any education and 
training received by them unless the Secretary determines 
that a lower cost is of critical importance to the public 
interest. 
"(6) TRAINING FELLOWSHIPS; COOPERATION.—The Institute 
may— 
"(A) engage in training activities authorized under this 
subsection, including the granting of training fellowships; 
and 
"(B) carry out its authority independently or in coopera-
tion with any other branch of the Federal Grovemment 
or any State agency, authority, association, institution, for-
profit or nonprofit corporation, other national or inter-
national entity, or other person. 
"(7) COLLECTION OF FEES.— 
"(A) GENERAL RULE.—In accordance with this sub-
section, the Institute may assess and collect fees solely 
to defray the costs of the Institute in developing or admin-
istering education and training programs under this sub-
section. 
"(B) LIMITATION.—Fees may be assessed and collected 
under this subsection only in a manner that may reason-
ably be expected to result in the collection of fees during 
any fiscal year in an aggregate amount that does not exceed 
the aggregate amount of the costs referred to in subpara-
graph (A) for the fiscal year. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 431 
"(C) PERSONS SUBJECT TO FEES.—Fees may be assessed 
and collected under this subsection only with respect to— 
"(i) persons and entities for whom education or 
training programs are developed or administered under 
this subsection; and 
"(ii) persons and entities to whom education or 
training is provided under this subsection. 
"(D) AMOUNT OF FEES.—^The fees assessed and collected 
under this subsection shall be established in a manner 
that ensures that the liability of any person or entity 
for a fee is reasonably based on the proportion of the 
costs referred to in subparagraph (A) that relate to the 
person or entity. 
"(E) USE.—All fees collected under this subsection shall 
be used to defray costs associated with the development 
or administration of education and training programs 
authorized under this subsection. 
"(8) RELATION TO FEES.—^The funds made available to carry 
out this subsection may be combined with or held separate 
from the fees collected under paragraph (7). 
"(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 
"(1) AUTHORITY.—^The Secretary shall carry out a local 
technical assistance program that will provide access to surface 
transportation technology to— 
"(A) highway and transportation agencies in urbanized 
areas with populations of between 50,000 and 1,000,000 
individuals; 
"(B) highway and transportation agencies in rural 
areas; and 
"(C) contractors that do work for the agencies. 
"(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 
The Secretary may make grants and enter into cooperative 
agreements and contracts to provide education and training, 
technical assistance, and related support services to— 
"(A) assist rural, local transportation agencies and 
tribal governments, and the consultants and construction 
personnel working for the agencies and governments, to— 
"(i) develop and expand their expertise in road 
and transportation areas (including pavement, bridge, 
concrete structures, safety management systems, and 
traffic safety countermeasures); 
"(ii) improve roads and bridges; 
"(iii) enhance— 
"(I) programs for the movement of passengers 
and freight; and 
"(II) intergovernmental transportation plan-
ning and project selection; and 
"(iv) deal effectively with special transportation-
related problems by preparing and providing training 
packages, manuals, guidelines, and technical resource 
materials; 
"(B) develop technical assistance for tourism and rec-
reational travel; 
"(C) identify, package, and deliver transportation tech-
nology and traffic safety information to local jurisdictions 
to assist urban transportation agencies in developing and 
112 STAT. 432 
PUBLIC LAW 105-178-^UNE 9, 1998 
expanding their ability to deal effectively with transpor-
tation-related problems; 
"(D) operate, in cooperation with State transportation 
departments and universities— 
"(i) local technical assistance program centers des-
ignated to provide transportation technology transfer 
services to rural areas and to urbanized areas with 
populations of between 50,000 and 1,000,000 individ-
uals; and 
"(ii) local technical assistance program centers des-
ignated to provide transportation technical assistance 
to Indian tribal governments; and 
"(E) allow local transportation agencies and tribal 
governments, in cooperation with the private sector, to 
enhance new technology implementation, 
"(c) RESEARCH FELLOWSHIPS.— 
"(1) GENERAL AUTHORITY.—The Secretary, acting either 
independently or in cooperation with other Federal depart-
ments, agencies, and instrumentalities, may make grants for 
research fellowships for any purpose for which research is 
authorized by this chapter. 
"(2) DWIGHT DAVID EISENHOWER TRANSPORTATION FELLOW-
SHIP PROGRAM.—^The Secretary shall establish and implement 
a transportation research fellowship program for the purpose 
of attracting qualified students to the field of transportation. 
The program shall be known as the 'Dwight David Eisenhower 
Transportation Fellowship Program'.". 
SEC. 5105. STATE PLANNING AND RESEARCH. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
'*§ 505. State planning and research 
"(a) GENERAL RULE.—^Two percent of the sums apportioned 
to a State for fiscal year 1998 and each fiscal year thereafter 
under section 104 (other than sections 104(f) and 104(h)) and under 
section 144 shall be available for expenditure by the State, in 
consultation with the Secretary, only for the following purposes: 
"(1) Engineering and economic surveys and investigations. 
"(2) The planning of future highway programs and local 
public transportation systems and the planning of the financing 
of such programs and systems, including metropolitan and 
statewide planning under sections 134 and 135. 
"(3) Development and implementation of management sys-
tems under section 303. 
"(4) Studies of the economy, safety, and convenience of 
surface transportation systems and the desirable regulation 
and equitable taxation of such systems. 
"(5) Research, development, and technology transfer activi-
ties necessary in connection with the planning, design, construc-
tion, management, 
and maintenance of highway, 
public 
transportation, and intermodal transportation systems. 
"(6) Study, research, and training on the engineering stand-
ards and construction materials for transportation systems 
described in paragraph (5), including the evaluation and 
accreditation of inspection and testing and the regulation and 
taxation of their use. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 433 
"(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND 
TECHNOLOGY TRANSFER ACTIVITIES.— 
"(1) IN GENERAL.—Subject to paragraph (2), not less than 
25 percent of the funds subject to subsection (a) that are appor-
tioned to a State for a fiscal year shall be expended by the 
State for research, development, and technology transfer activi-
ties described in subsection (a), relating to highway, public 
transportation, and intermodal transportation systems. 
"(2) WAIVERS.—^The Secretary may waive the application 
of paragraph (1) with respect to a State for a fiscal year if 
the State certifies to the Secretary for the fiscal year that 
total expenditures by the State for transportation planning 
under sections 134 and 135 will exceed 75 percent of the funds 
described in paragraph (1) and the Secretary accepts such 
certification. 
"(3) NONAPPLICABILITY OF ASSESSMENT.—^Funds expended 
under paragraph (1) shall not be considered to be part of 
the extramural budget of the agency for the purpose of section 
9 of the Small Business Act (15 U.S.C. 638). 
"(c) FEDERAL SHARE.—^The Federal share of the cost of a project 
carried out using funds subject to subsection (a) shall be 80 percent 
unless the Secretary determines that the interests of the Federal-
aid highway program would be best served by decreasing or 
eliminating the non-Federal share. 
"(d) ADMINISTRATION OF SUMS.—Funds subject to subsection 
(a) shall be combined and administered by the Secretary as a 
single fund and shall be available for obligation for the same period 
as fiinds apportioned under section 104(b)(1).". 
SEC. 6106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH 
PROGRAM. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
**§506. International highway transportation outreach pro-
gram 
"(a) ESTABLISHMENT.—^The Secretary may establish an inter-
national highway transportation outreach program— 
"(1) to inform the United States highway community of 
technological innovations in foreign countries that could signifi-
cantly improve highway transportation in the United States; 
"(2) to promote United States highway transportation 
expertise, goods, and services in foreign countries; and 
"(3) to increase transfers of United States highway 
transportation technology to foreign countries. 
"(b) ACTIVITIES.—^Activities carried out under the program may 
include— 
"(1) development, monitoring, assessment, and dissemina-
tion in the United States of information about highway 
transportation innovations in foreign countries that could 
significantly improve highway transportation in the United 
States; 
"(2) research, development, demonstration, training, and 
other forms of technology transfer and exchange; 
"(3) informing foreign countries about the technical quality 
of United States highway transportation goods and services 
112 STAT. 434 
PUBLIC LAW 105-178—JUNE 9, 1998 
through participation in trade shows, seminars, expositions, 
and other such activities; 
"(4) offering technical services of the Federal Highway 
Administration that cannot be readily obtained from United 
States private sector firms to be incorporated into the proposals 
of United States private sector firms undertaking highway 
transportation projects outside the United States if the costs 
of such services will be recovered under the terms of the project; 
"(5) conducting studies to assess the need for or feasibility 
of highway transportation improvements in countries that are 
not members of the Organization for Economic Cooperation 
and Development, as of December 18, 1991, and in Greece 
and Turkey; and 
"(6) gathering and disseminating information on foreign 
transportation markets and industries. 
"(c) COOPERATION.—^The Secretary may carry out this section 
in cooperation with any appropriate Federal agency. State or local 
agency, authority, association, institution, corporation (profit or non-
profit), foreign government, multinational institution, or other 
organization or person. 
"(d) FUNDS.— 
"(1) CONTRIBUTIONS.—Funds available to carry out this 
section shall include funds deposited by any cooperating 
organization or person into a special account of the Treasury 
established for this purpose. 
"(2) ELIGIBLE USES OF FUNDS.—^The funds deposited into 
the account and other funds available to carry out this section 
shall be available to cover the cost of any activity eligible 
under this section, including the cost of promotional materials, 
travel, reception and representation expenses, and salaries and 
benefits. 
"(3) 
REIMBURSEMENTS FOR SALARIES AND BENEFITS.— 
Reimbursements for salaries and benefits of Department of 
Transportation employees providing services under this section 
shall be credited to the account. 
"(e) ELIGIBLE USE OF STATE PLANNING AND RESEARCH FUNDS.— 
A State, in coordination with the Secretary, may obligate funds 
made available to carry out section 505 for any activity authorized 
under subsection (a).". 
SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE 
RESEARCH PROGRAM. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
**§507. 
Surface 
transportation-environment 
cooperative 
research program 
"(a) IN GENERAL.—^The Secretary shall establish and carry out 
a surface transportation-environment cooperative research program. 
"(b) CONTENTS.—^The program to be carried out under this 
section shall include research designed— 
"(1) to develop more accurate models for evaluating 
transportation control measures and transportation system 
designs that are appropriate for use by State and local govern-
ments, including metropolitan planning organizations, in 
designing implementation plans to meet Federal, State, and 
local environmental requirements; 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 435 
"(2) to improve understanding of the factors that contribute 
to the demand for transportation, including transportation sys-
tem design, demographic change, land use planning, and 
communications and other information technologies; 
"(3) to develop indicators of economic, social, and environ-
mental performance of transportation systems to facilitate 
analysis of potential alternatives; 
"(4) to study the relationship between highway density 
and ecosystem integrity, including the impacts of highway den-
sity on habitat integrity and overall ecosystem health, and 
develop a rapid assessment methodology for use by transpor-
tation and regulatory agencies in determining the relationship 
between highway density and ecosystem integrity; and 
"(5) to meet additional priorities as determined by the 
advisory board established under subsection (c), including rec-
ommendations of the National Research Council in the report 
entitled 'Environmental Research Needs in Transportation'. 
"(c) ADVISORY BOARD.— 
"(1) ESTABLISHMENT.—In consultation with the Secretary 
of Energy, the Administrator of the Environmental Protection 
Agency, and the heads of other appropriate Federal depart-
ments and agencies, the Secretary shall establish an advisory 
board to recommend environmental and energy conservation 
research, technology, and technology transfer activities related 
to surface transportation. 
"(2) MEMBERSHIP.—The advisory board shall include— 
"(A) representatives of State transportation and 
environmental agencies; 
"(B) transportation and environmental scientists and 
engineers; and 
"(C) representatives of metropolitan planning organiza-
tions, transit operating agencies, and environmental 
organizations. 
"(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary 
may 
make grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities relating 
to the research, technology, and technology transfer activities 
described in subsection (b) as the Secretary determines appro-
priate.". 
SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC PLAN-
NING. 
Chapter 5 of title 23, United States Code (as added by section 
5101 of this title), is amended by adding at the end the following: 
^§508. Surface transportation research strategic planning 
"(a) IN GENERAL.—^The Secretary shall— 
"(1) establish a strategic planning process, consistent with 
section 306 of title 5 for the Department of Transportation 
to determine national transportation research and technology 
development priorities related to surface transportation; 
"(2) coordinate Federal surface transportation research and 
technology development activities; 
"(3) measure the results of those activities and how they 
impact the performance of the surface transportation systems 
of the United States; and 
112 STAT. 436 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(4) ensure that planning and reporting activities carried 
out under this section are coordinated with all other surface 
transportation planning and reporting requirements. 
"(b) IMPLEMENTATION.—The Secretary shall— 
"(1) provide for the integrated planning, coordination, and 
consultation among the operating administrations of the 
Department of Transportation, all other Federal agencies v/ith 
responsibility for surface transportation research and tech-
nology development. State and local governments, institutions 
of higher education, industry, and other private and public 
sector organizations engaged in surface transportation-related 
research and development activities; 
"(2) ensure that the surface transportation research and 
technology development programs of the Department do not 
duplicate other Federal, State, or private sector research and 
development programs; and 
"(3) provide for independent validation of the scientific 
and technical assumptions underlying the surface transpor-
tation research and technology development programs of the 
Department. 
"(c) 
SURFACE TRANSPORTATION RESEARCH AND TECHNOLOGY 
DEVELOPMENT STRATEGIC PLAN.— 
"(1) DEVELOPMENT.—^The Secretary shall develop 
an 
integrated surface transportation research and technology 
development strategic plan. 
"(2) CONTENTS.—^The plan shall include— 
"(A) an identification of the general goals and objectives 
of the Department of Transportation for surface transpor-
tation research and development; 
"(B) a description of the roles of the Department and 
other Federal agencies in achieving the goals identified 
under subparagraph (A), in order to avoid unnecessary 
duplication of effort; 
"(C) a description of the overall strategy of the Depart-
ment, and the role of each of the operating administrations 
of the Department, in carrying out the plan over the next 
5 years, including a description of procedures for coordina-
tion of the efforts of the Secretary with the efforts of 
the operating administrations of the Department and other 
Federal agencies; 
"(D) an assessment of how State and local research 
and technology development activities are contributing to 
the achievement of the goals identified under subparagraph 
(A); 
"(E) details of the surface transportation research and 
technology development programs of the Department, 
including performance goals, resources needed to achieve 
those goals, and performance indicators as described in 
section 1115(a) of title 31, United States Code, for the 
next 5 years for each area of research and technology 
development; 
"(F) significant comments on the plan obtained from 
outside sources; and 
"(G) responses to significant comments obtained from 
the National Research Council and other advisory bodies, 
and a description of any corrective actions taken pursuant 
to such comments. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 437 
"(3) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary Contracts, 
shall enter into an agreement for the review by the National 
Research Council of the details of each— 
"(A) strategic plan or revision required under section 
306 of title 5; 
"(B) performance plan required under section 1115 of 
title 31; and 
"(C) program performance report required under sec-
tion 1116, 
with respect to surface transportation research and technology 
development. 
"(4) PERFORMANCE PLANS AND REPORTS.—In reports submit-
ted under sections 1115 and 1116 of title 31, the Secretary 
shall include— 
"(A) a summary of the results for the previous fiscal 
year of surface transportation research and technology 
development programs to which the Department of 
Transportation contributes, along with— 
"(i) an analysis of the relationship between those 
results and the goals identified under paragraph (2)(A); 
and 
"(ii) a description of the methodology used for 
assessing the results; and 
"(B) a description of significant surface transportation 
research and technology development initiatives, if any, 
undertaken during the previous fiscal year that were not 
in the plan developed under paragraph (1), and any signifi-
cant changes in the plan from the previous year's plan. 
"(d) MERIT REVIEW AND PERFORMANCE MEASUREMENT.—^Not Reports. 
later than 1 year after the date of enactment of this section, the 
Secretary shall transmit to Congress a report describing competitive 
merit review procedures for use in selecting grantees and contrac-
tors in the programs covered by the plan developed under subsection 
(c) and performance measurement procedures for evaluating the 
programs. 
"(e) PROCUREMENT PROCEDURES.—The Secretary shall— 
"(1) develop model procurement procedures that encourage 
the use of advanced technologies; and 
"(2) develop model transactions for carrying out and coordi-
nating Federal and State surface transportation research and 
technology development activities. 
"(f) 
CONSISTENCY 
WITH 
GOVERNMENT 
PERFORMANCE AND 
RESULTS ACT OF 1993.—^The plans and reports developed under 
this section shall be consistent with and incorporated as part of 
the plans developed under section 306 of title 5 and sections 1115 
and 1116 of title 31.". 
SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS. 
(a) IN GENERAL.—Section 111 of title 49, United States Code, 
is amended— 
(1) in subsection (b)(4) by striking the second sentence; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (J) by striking "and" at the 
end; 
(ii) in subparagraph (K) by striking the period 
at the end and inserting "; and"; and 
112 STAT. 438 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(iii) by adding at the end the following: 
"(L) transportation-related variables that 
influence 
global competitiveness."; 
(B) in paragraph (2)— 
(i) in the first sentence by striking "national 
transportation system" and inserting "transportation 
systems of the United States"; 
(ii) by striking subparagraph (A) and inserting 
the following: 
"(A) be coordinated with efforts to measure outputs 
and outcomes of the Department of Transportation and 
the transportation systems of the United States under the 
Government Performance and Results Act of 1993 (107 
Stat. 285 et seq.) and the amendments made by such 
Act;"; and 
(iii) in subparagraph (C) by inserting ", made rel-
evant 
to the 
States 
and metropolitan 
planning 
organizations," after "accurac)^'; 
(C) in paragraph (3) by adding at the end the following: 
'The Bureau shall review and report to the Secretary of 
Transportation on the sources and reliability of the statis-
tics proposed by the heads of the operating administrations 
of the Department to measure outputs and outcomes as 
required by the Government Performance and Results Act 
of 1993, and the amendments made by such Act, and 
shall carry out such other reviews of the sources and reli-
ability of other data collected by the heads of the operating 
administrations of the Department as shall be requested 
by the Secretary."; and 
(D) by adding at the end the following: 
"(7) 
SUPPORTING 
TRANSPORTATION 
DECISIONMAKING.— 
Ensuring that the statistics compiled under paragraph (1) are 
relevant for transportation decisionmaking by the Federal 
Government, State and local governments, transportation-
related associations, private businesses, and consumers."; 
(3) by redesignating subsections (d), (e), and (f) as sub-
sections (h), (i), and (j), respectively; 
(4) by striking subsection (g); 
(5) by inserting after subsection (c) the following: 
"(d) INTERMODAL TRANSPORTATION DATA BASE.— 
"(1) IN GENERAL.—In consultation with the Associate Dep-
uty Secretary, the Assistant Secretaries, and the heads of the 
operating administrations of the Department of Transportation, 
the Director shall establish and maintain a transportation data 
base for all modes of transportation. 
"(2) USE.—^The data base shall be suitable for analyses 
carried out by the Federal Grovernment, the States, and metro-
politan planning organizations. 
"(3) CONTENTS.—The data base shall include— 
"(A) information on the volumes and patterns of move-
ment of goods, including local, interregional, and inter-
national movement, by all modes of transportation and 
intermodal combinations, and by relevant classification; 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 439 
"(B) information on the volumes and patterns of move-
ment of people, including local, interregional, and inter-
national movements, by all modes of transportation (includ-
ing bicycle and pedestrian modes) and intermodal combina-
tions, and by relevant classification; 
"(C) information on the location and connectivity of 
transportation facilities and services; and 
"(D) a national accounting of expenditures and capital 
stocks on each mode of transportation and intermodal com-
bination. 
"(e) NATIONAL TRANSPORTATION LIBRARY.— 
"(1) IN GENERAL.—^The Director shall establish and main-
tain a National Transportation Library, which shall contain 
a collection of statistical and other information needed for 
transportation decisionmaking at the Federal, State, and local 
levels. 
"(2) ACCESS.—^The Director shall facilitate and promote 
access to the Library, with the goal of improving the ability 
of the transportation community to share information and the 
ability of the Director to make statistics readily accessible 
under subsection (c)(5). 
"(3) COORDINATION.—^The Director shall work with other 
transportation libraries and other transportation information 
providers, both public and private, to achieve the goal specified 
in paragraph (2). 
"(f) NATIONAL TRANSPORTATION ATLAS DATA BASE.— 
"(1) IN GENERAL.—^The Director shall develop and maintain 
geospatial data bases that depict— 
"(A) transportation networks; 
"(B) flows of people, goods, vehicles, and craft over 
the networks; and 
"(C) social, economic, and environmental conditions 
that affect or are affected by the networks. 
"(2) INTERMODAL NETWORK ANALYSIS.—^The data bases shall 
be able to support intermodal network analysis. 
"(g) RESEARCH AND DEVELOPMENT GRANTS.— 
"(1) IN GENERAL.—^The Secretary may make grants to, or 
enter into cooperative agreements or contracts with, public 
and nonprofit private entities (including State transportation 
departments, metropolitan planning organizations, and institu-
tions of higher education) for— 
"(A) investigation of the subjects specified in subsection 
(c)(1) and l-esearch and development of new methods of 
data collection, management, integration, dissemination, 
interpretation, and analysis; 
"(B) development 
of electronic clearinghouses 
of 
transportation data and related information, as part of 
the National Transportation Library under subsection (e); 
and 
"(C) development and improvement of methods for 
sharing geographic data, in support of the national 
transportation atlas data base under subsection (f) and 
the National Spatial Data Infrastructure developed under 
Executive Order No. 12906. 
"(2) LIMITATION.—^Not more than $500,000 of the amounts 
made available to carry out this section in a fiscal year may 
be used to carry out this subsection."; 
112 STAT. 440 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
(6) by striking subsection (i) (as redesignated by paragraph 
(3) of this subsection) and inserting the following: 
"(i) PROHIBITION ON CERTAIN DISCLOSURES.— 
"(1) IN GENERAL.—^An officer or employee of the Bureau 
may not— 
"(A) make any disclosure in which the data provided 
by an individual or organization under subsection (c)(2) 
can be identified; 
"(B) use the information provided under subsection 
(c)(2) for a nonstatistical purpose; or 
"(C) permit anyone other than an individual authorized 
by the Director to examine any individual report provided 
under subsection (c)(2). 
"(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.— 
"(A) GOVERNMENT AGENCIES.—No department, bureau, 
agency, officer, or employee of the United States (except 
the Director in carrying out this section) may require, 
for any reason, a copy of any report that has been filed 
under subsection (c)(2) with the Bureau or retained by 
an individual respondent. 
"(B) COURTS.—Any copy of a report described in 
subparagraph (A) that has been retained by an individual 
respondent or filed with the Bureau or any of its employees, 
contractors, or agents— 
"(i) shall be immune from legal process; and 
"(ii) shall not, without the consent of the individual 
concerned, be admitted as evidence or used for any 
purpose in any action, suit, or other judicial or adminis-
trative proceeding. 
"(C) APPLICABILITY.—^This paragraph shall apply only 
to reports that permit information concerning an individual 
or organization to be reasonably inferred by direct or 
indirect means. 
"(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In 
a case in which the Bureau is authorized by statute to collect 
data or information for a nonstatistical purpose, the Director 
shall clearly distinguish the collection of the data or informa-
tion, by rule and on the collection instrument, so as to inform 
a respondent that is requested or required to supply the data 
or information of the nonstatistical purpose."; 
(7) in subsection (j) (as redesignated by paragraph (3) of 
this subsection) by striking "On or before January 1, 1994, 
and annually thereafter, the" and inserting 'The"; and 
(8) by adding at the end the following: 
"(k) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding sec-
tion 3302 of title 31, United States Code, funds received by the 
Bureau from the sale of data products, for necessary expenses 
incurred, may be credited to the Highway Trust Fund (other than 
the Mass Transit Account) for the purpose of reimbursing the 
Bureau for the expenses.". 
(b) CONFORMING AMENDMENTS.—Section 5503 of title 49, United 
States Code, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e), (f), and (g) as sub-
sections (d), (e), and (f), respectively. 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 441 
SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following: 
*
*
§ 5505. University transportation research 
"(a) REGIONAL CENTERS.—^The Secretary of Transportation shall 
make grants to nonprofit institutions of higher learning to establish 
and operate 1 university transportation center in each of the 10 
United States Government regions that comprise the Standard Fed-
eral Regional Boundary System. 
"(b) OTHER CENTERS.—^The Secretary shall make grants to non-
profit institutions of higher learning to establish and operate univer-
sity transportation centers, in addition to the centers receiving 
grants under subsection (a), to address transportation management 
and research and development matters, with special attention to 
increasing the number of highly skilled individuals entering the 
field of transportation. 
"(c) SELECTION OF GRANT RECIPIENTS.— 
"(1) APPLICATIONS.—In order to be eligible to receive a 
grant under this section, a nonprofit institution of higher learn-
ing shall submit to the Secretary an application that is in 
such form and contains such information as the Secretary may 
require. 
"(2) SELECTION CRITERIA.—^Except as otherwise provided 
by this section, the Secretary shall select each recipient of 
a grant under this section through a competitive process on 
the basis of the following: 
"(A) For regional centers, the location of the center 
within the Federal region to be served. 
"(B) 
The 
demonstrated 
research 
and 
extension 
resources available to the recipient to carry out this section. 
"(C) The capability of the recipient to provide leader-
ship in making national and regional contributions to the 
solution of immediate and long-range transportation prob-
lems. 
"(D) The recipient's 
establishment 
of a 
surface 
transportation program encompassing several modes of 
transportation. 
"(E) The recipient's demonstrated commitment of at 
least $200,000 in regularly budgeted institutional amounts 
each year to support ongoing transportation research and 
education programs. 
"(F) The recipient's demonstrated ability to disseminate 
results of transportation research and education programs 
through a statewide or regionwide continuing education 
program. 
"(G) The strategic plan the recipient proposes to carry 
out under the grant. 
"(d) OBJECTIVES.—^Each university transportation center receiv-
ing a grant under this section shall conduct the following programs 
and activities: 
"(1) Basic and applied research, the products of which 
are judged by peers or other experts in the field to advance 
the body of knowledge in transportation. 
"(2) An education program that includes multidisciplinary 
course work and participation in research. 
112 STAT. 442 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(3) An ongoing program of technology transfer that makes 
research results available to potential users in a form that 
can be implemented, utilized, or otherwise applied. 
Contracts. 
"(e) MAINTENANCE OF EFFORT.—In order to be eligible to receive 
a grant under this section, a recipient shall enter into an agreement 
with the Secretary to ensure that the recipient will maintain total 
expenditures from all other sources to establish and operate a 
university transportation center and related research activities at 
a level at least equal to the average level of such expenditures 
in its 2 fiscal years prior to award of a grant under this section. 
"(f) FEDERAL SHARE.—The Federal share of the costs of activi-
ties carried out using a grant made under this section is 50 percent 
of costs. The non-Federal share may include funds provided to 
a recipient under section 503, 504(b), or 505 of title 23, United 
States Code. 
"(g) PROGRAM COORDINATION.— 
"(1) COORDINATION.—The Secretary shall coordinate the 
research, education, training, and technology transfer activities 
that grant recipients carry out under this section, disseminate 
the results of the research, and establish and operate a clearing-
house. 
"(2) ANNUAL REVIEW AND EVALUATION.—^At least annually 
and consistent with the plan developed under section 5506, 
the Secretary shall review and evaluate programs the grant 
recipients carry out. 
"(3) FUNDING LIMITATION.—^The Secretary may use 
not 
more than 1 percent of amounts made available from Govern-
ment sources to carry out this subsection. 
"(h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made 
available to carry out this program shall remain available for obliga-
tion for a period of 2 years after the last day of the fiscal year 
for which such funds are authorized. 
"(i) NUMBER AND AMOUNT OF GRANTS.— 
"(1) FISCAL YEARS I998 AND 1999.—For each of fiscal years 
1998 and 1999, the Secretary shall make the following grants 
under this section: 
"(A) GROUP A.—^The Secretary shall make a grant in 
the amount of $1,000,000 to each of the institutions in 
group A. 
"(B) GROUP B.—^The Secretary shall make a grant in 
the amount of $300,000 to each of the institutions in group 
B. 
"(C) GROUP C.—^The Secretary shall make a grant in 
the amount of $750,000 to each of the institutions in group 
C. 
"(D) GROUP D.—^The Secretary shall make a grant in 
the amount of $2,000,000 to each of the institutions in 
group D. 
"(2) FISCAL YEARS 2000 AND 2001.—For each of fiscal years 
2000 and 2001, the Secretary shall make the following grants 
under this section: 
"(A) GROUP A.—^The Secretary shall make a grant in 
the amount of $1,000,000 to each of the institutions in 
group A. 
"(B) GROUP B.—^The Secretary shall make a grant in 
the amount of $500,000 to 8 of the institutions in group 
B. 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 443 
"(C) GROUP C.—^The Secretary shall make a grant in 
the amount of $750,000 to each of the institutions in group 
C. 
"(D) GROUP D.—^The Secretary shall make a grant in 
i 
the amount of $2,000,000 to each of the institutions in 
group D. 
"(3) FISCAL YEARS 2002 AND 2003.—For each of fiscal years 
2002 and 2003, the Secretary shall make the following grants 
under this section: 
"(A) GROUP A.—^The Secretary shall make a grant in 
the amount of $1,000,000 to each of the institutions in 
group A. 
"(B) GROUPS B AND C.—^The Secretary shall make a 
grant in the amount of $1,000,000 to 10 of the institutions 
in groups B and C that received grants under this section 
in fiscal years 2000 and 200 L 
"(C) GROUP D.—The Secretary shall make a grant in 
the amount of $2,000,000 to each of the institutions in 
group D. 
"(j) IDENTIFICATION OF GROUPS.—For the purpose of making 
grants under this section, the following groups are identified: 
"(1) GROUP A.—-Group A shall consist of the 10 regional 
centers selected under subsection (a). 
"(2) GROUP B.—Group B shall consist of the following: 
"(A) The University of Denver and Mississippi State 
University. 
"(B) The University of Central Florida. 
"(C) University of Southern California and California 
State University at Long Beach. 
"(D) Rutgers University. 
"(E) University of Missouri at Rolla. 
"(F) South Carolina State University. 
"(G) Joseph P. Kennedy Science and Technology Cen-
ter, Assumption College, Massachusetts. 
"(H) Purdue University. 
"(3) GROUP C.—Group C shall consist of the following: 
"(A) University of Arkansas. 
"(B) New Jersey Institute of Technology. 
"(C) University of Idaho. 
"(D) The University of Alabama. 
"(E) Morgan State University. 
"(F) North Carolina State University. 
"(G) San Jose State University. 
"(H) University of South Florida. 
„ 
"(I) North Carolina A. and T. State University. 
"(4) GROUP D.—Group D shall consist of the following: 
"(A) University of Minnesota. 
"(B) Marshall University, West Virginia, on behalf of 
a consortium of West Virginia colleges and universities. 
"(C) George Mason University, along with the Univer-
sity of Virginia and Virginia Tech University. 
"(D) Western Transportation Institute. 
"(E) Rhode Island Transportation Research Center. 
"(F) Northwestern University.". 
112 STAT. 444 
PUBLIC LAW 105-178-JUNE 9, 1998 
Contracts. 
(b) CONFORMING AMENDMENT.—^The table of sections for chapter 
55 of title 49, United States Code, is amended by inserting after 
the item relating to section 5504 the following: 
"5505. University transportation research.". 
(c) REPEALS.—Section 5316 and 5317 of title 49, United States 
Code, and the items relating to such sections in the analysis for 
chapter 53 of such title, are repealed. 
SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 55 of subtitle I of 
title 49, United States Code (as amended by section 5110 of this 
Act), is amended by adding at the end the following: 
'*§ 5506. Advanced vehicle technologies program 
"(a) PURPOSES.—^The Secretary of Transportation, in coordina-
tion with other government agencies and private consortia, shall 
encourage and promote the research, development, and deployment 
of transportation technologies that will use technological advances 
in multimodal vehicles, vehicle components, environmental tech-
nologies, and related infrastructure to remove impediments to an 
efficient, safe, and cost-effective national transportation system. 
"(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this section, 
the term 'eligible consortium' means a consortium that receives 
funding under the Department of Defense Appropriations Act, 1993 
(Public Law 102-396; 106 Stat. 1876), and that comprises 2 or 
more of the following entities: 
"(1) Businesses incorporated in the United States. 
"(2) Public or private educational or research organizations 
located in the United States. 
"(3) Entities of State or local governments in the United 
States. 
"(4) Federal laboratories. 
"(c) PROGRAM.—^The Secretary shall enter into contracts, 
cooperative agreements, and other transactions as authorized by 
section 2371 of title 10 with, and make grants to, eligible consortia 
to promote the development and deployment of innovation in 
transportation technology services, management, and operational 
practices. 
"(d) ELIGIBILITY CRITERIA.—^To be eligible to receive assistance 
under this section, an eligible consortium shall— 
"(l) for a period of not less than the 3 years preceding 
the date of a contract, cooperative agreement, or other trans-
action, be organized on a statewide or multistate basis for 
the purpose of designing, developing, and deploying transpor-
tation technologies that address identified technological impedi-
ments in the transportation field; 
"(2) facilitate the participation in the consortium of small-
and medium-sized businesses, utilities, public laboratories and 
universities, and other relevant entities; 
"(3) be actively engaged in transportation technology 
projects that address compliance in nonattainment areas under 
the Clean Air Act (42 U.S.C. 7401 et seq.); 
"(4) be designed to use Federal and State funding to attract 
private capital in the form of grants or investments to carry 
out this section; and 
"(5) ensure that at least 50 percent of the funding for 
the consortium project will be provided by non-Federal sources. 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 445 
"(e) PROPOSALS.—^The Secretary shall prescribe such terms and 
conditions as the Secretary determines to be appropriate for the 
content and structure of proposals submitted for assistance under 
this section. 
"(f) REPORTING REQUIREMENTS.—At least once each year, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report on the 
projects undertaken by the eligible consortia and the progress made 
in advancing the purposes of this section. 
"(g) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^There is authorized to be appropriated 
to carry out this section $50,000,000 for each of fiscal years 
1999 through 2003, to remain available until expended. 
"(2) AVAILABILITY.—^Notwithstanding section 118(a), funds 
made available under paragraph (1) shall not be available 
in advance of an annual appropriation.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 
of title 49, United States Code, is amended by inserting after 
the item relating to section 5505 the following: 
"5506. Advanced vehicle technologies program.". 
SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PRO- 23 USC 502 note. 
GRAM. 
(a) STUDY.—^Not later than 120 days after the date of enactment Contracts, 
of this Act, the Secretary shall make a grant to, or enter into 
a cooperative agreement or contract with, the Transportation 
Research Board of the National Academy of Sciences (in this section 
referred to as the "Board") to conduct a study to determine the 
goals, purposes, research agenda and projects, administrative struc-
ture, and fiscal needs for a new strategic highway research program 
to replace the program established under section 307(d) (as in 
effect on the day before the date of enactment of this Act), or 
a similar effort. 
(b) CONSULTATION.—In conducting the study, the Board shall 
consult with the American Association of State Highway and 
Transportation Officials and such other entities as the Board deter-
mines appropriate to the conduct of the study. 
(c) REPORT.—^Not later than 5 years after making a grant 
or entering into a cooperative agreement or contract under sub-
section (a), the Board shall submit a final report on the results 
of the study to the Secretary, the Committee on Environment and 
Public Works of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL 
23 USC 502 note. 
INFORMATION TECHNOLOGIES. 
(a) IN GENERAL.—^The Secretary shall establish and carry out 
a program to validate commercial remote sensing products and 
spatial information technologies for application to national transpor-
tation infrastructure development and construction. 
(b) PROGRAM STAGES.— 
(1) FIRST STAGE.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall establish a national 
policy for the use of commercial remote sensing products and 
spatial information technologies in national transportation 
infrastructure development and construction. 
112 STAT. 446 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
(2) SECOND STAGE.—^After establishment of the national 
policy under paragraph (1), the Secretary shall develop new 
applications of commercial remote sensing products and spatial 
information technologies for the implementation of the national 
policy. 
(c) COOPERATION.—^The Secretary shall carry out this section 
in cooperation with the Commercial Remote Sensing Program of 
the National Aeronautics and Space Administration and a consor-
tium of university research centers. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000 for each 
of fiscal years 1999 through 2004. 
SEC. 5114. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM. 
With the year 2000 fast approaching, it is the sense of the 
Congress that the Secretary should— 
(1) give high priority to correcting all 2-digit date-related 
problems in computer systems of the Department of Transpor-
tation to ensure that the systems continue to operate effectively 
in the year 2000 and thereafter; 
(2) assess immediately the extent of the risk to the oper-
ations of the Department of Transportation posed by the prob-
lems referred to in paragraph (1), and plan and budget for 
achieving year 2000 compliance for all mission-critical systems 
of the Department; and 
(3) develop contingency plans for those systems that the 
Secretary of Transportation is unable to correct in time. 
49 u s e HI note. 
SEC. 5115. INTERNATIONAL TRADE TRAFFIC. 
(a) STUDY.—^The Director shall carry out a study— 
(1) to measure the ton-miles and value-miles of inter-
national trade traffic carried by highway for each State; 
(2) to evaluate the accuracy and reliability of such measures 
for use in the formula for highway apportionments; 
(3) to evaluate the accuracy and reliability of the use of 
diesel fuel data as a measure of international trade traffic 
by State; and 
(4) to identify needed improvements in long-term data 
collection programs to provide accurate and reliable measures 
of international traffic for use in the formula for highway 
apportionments. 
(b) BASIS FOR EVALUATIONS.—^The study shall evaluate the 
accuracy and reliability of measures for use as formula factors 
based on statistical quality standards developed by the Bureau 
in consultation with the Committee on National Statistics of the 
National Academy of Sciences. 
(c) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Director shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a report on the results of the study carried out under paragraph 
(1), including recommendations for changes in law necessary to 
implement the identified needs for improvements in long-term data 
collection programs. 
SEC. 5116. UNIVERSITY GRANTS. 
(a) SEISMIC RESEARCH, UNIVERSITY OF CALIFORNIA AT SAN 
DIEGO.— 
•"'^PWJIr'f 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 447 
(1) GRANTS.—^The Secretary shall make grants to the 
University of California at San Diego to upgrade earthquake 
simulation facilities at the University. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(1) of this Act, $1,000,000 for each of fiscal years 
1999 through 2002 shall be available to carry out this sub-
section. 
(b) GLOBAL CLIMATE RESEARCH, UNIVERSITY OF ALABAMA AT 
HUNTSVILLE.— 
(1) GRANTS.—^The Secretary shall make grants to the 
University of Alabama at Huntsville for global climate research. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(1) of this Act, $200,000 for each of fiscal years 
1999 through 2003 shall be available to carry out this sub-
section. 
(c) ASPHALT RESEARCH, AUBURN UNIVERSITY.— 
(1) GRANTS.—^The Secretary shall make grants to Auburn 
University for asphalt research. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(1) of this Act, $250,000 for each of fiscal years 
1999 and 2000 shall be available to carry out this subsection. 
(d) ADVANCED VEHICLE RESEARCH, UNIVERSITY OF ALABAMA 
AT TUSCALOOSA.— 
(1) GRANTS.—^The Secretary shall make grants to the 
University of Alabama at Tuscaloosa for advanced vehicle 
research, including the study of fuel cell and electric vehicle 
technology. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $400,000 for each of fiscal years 
1999 through 2003 shall be available to carry out this sub-
section. 
(e) GEOTHERMAL HEAT PUMP SMART BRIDGE PROGRAM, OKLA-
HOMA STATE UNIVERSITY.— 
(1) GRANTS.—^The Secretary shall make grants to Oklahoma 
State University for the purposes of research, development, 
and field testing of the Geothermal Heat Pump Smart Bridge 
Program. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, 
$1,000,000 for fiscal year 2000, and $500,000 for fiscal year 
2001 shall be available to carry out this subsection. 
(f) INTELLIGENT STIFFENER FOR BRIDGE STRESS REDUCTION, 
UNIVERSITY OF OKLAHOMA.— 
(1) GRANTS.—^The Secretary shall make grants to the 
University of Oklahoma, College of Engineering, Center for 
Structural Control, for the purposes of research, development, 
and field testing of the Intelligent Stiffener for Bridge Stress 
Reduction. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, 
$1,000,000 for fiscal year 2000, $1,000,000 for fiscal year 2001, 
and $500,000 for fiscal year 2002 shall be available to carry 
out this subsection. 
(g) STUDY OF ADVANCED TRAUMA CARE, UNIVERSITY OF ALA-
BAMA AT BIRMINGHAM.— 
112 STAT. 448 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
(1) GRANTS.—^The Secretary shall make grants to the 
University of Alabama at Birmingham for the study of advanced 
trauma care. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $750,000 for each of fiscal years 
1999 through 2003 shall be available to carry out this sub-
section. 
(h) CENTER FOR TRANSPORTATION INJURY RESEARCH.— 
(1) GRANTS.—^The Secretary shall make grants to establish 
and maintain a center for transportation injury research at 
the Calspan University of Buffalo Research Center affiliated 
with the State University of New York at Buffalo. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $2,000,000 for each of fiscal years 
1998 through 2003 shall be available to carry out this sub-
section. 
(i) HEAD AND SPINAL CORD INJURY RESEARCH.— 
(1) GRANTS.—^The Secretary shall make grants to the 
Neuroscience Center for Excellence at Louisiana State Univer-
sity and the Virginia Transportation Research Institute at 
George Washington University for research and technology 
development for preventing and minimizing head and spinal 
cord injuries relating to automobile accidents. 
(2) FUNDING.—Of the amounts made available under sec-
tion 5001(a)(2) of this Act, $500,000 for each of fiscal years 
1999 through 2003 shall be available to carry out this sub-
section. 
23 use 502 note. 
SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEM-
ONSTRATION PROGRAM. 
(a) IN GENERAL.—^The Secretary shall carry out a transportation 
technology innovation and demonstration program in accordance 
with the requirements of this section. 
(b) CONTENTS OF PROGRAM.— 
(1) MOTOR VEHICLE SAFETY WARNING SYSTEM.— 
(A) IN GENERAL.—^The Secretary shall expand and con-
tinue the study authorized by section 358(c) of the National 
Highway System Designation Act of 1995 (23 U.S.C. 401 
note; 109 Stat. 625) relating to the development of a motor 
vehicle safety warning system and shall conduct tests of 
such system. 
(B) GRANTS.—In carrying out this paragraph, the Sec-
retary may make grants to State and local governments. 
(C) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2000 by section 5001(a)(2) 
of this Act, $700,000 per fiscal year shall be available 
to carry out this paragraph. 
(2) MOTOR CARRIER ADVANCED SENSOR CONTROL SYSTEM.— 
(A) IN GENERAL.—^The Secretary shall conduct research 
on the deployment of a system of advanced sensors and 
signal processors in trucks and tractor trailers to determine 
axle and wheel alignment, monitor collision alarm, check 
tire pressure and tire balance conditions, measure and 
detect load distribution in the vehicle, and monitor and 
adjust automatic braking systems. 
(B) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2003 by section 5001(a)(2) 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 449 
of this Act, $700,000 per fiscal year shall be available 
to carry out this paragraph. 
(3) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.— 
(A) IN GENERAL.—The Secretary shall carry out a pro-
gram to advsince the deplojnnent of an operational intel-
ligent 
transportation 
infrastructure 
system 
for 
the 
measurement of various transportation system activities 
to aid in the, transportation planning and analysis while 
making a significant contribution to the ITS program under 
this title. This program shall be initiated in the 2 largest 
metropolitan areas in the Commonwealth of Pennsylvania. 
The program may locate its database at the facility author-
ized xinder paragraph (6). 
(B) DESCRIPTION.—The program under this section 
shall meet the following objectives: 
(i) Build an infrastructure of the measurement 
of various transportation system metrics to aid in plan-
ning, analysis, and maintenance of the Department 
of Transportation, including the buildout, maintenance, 
and operation of greater than 40 metropolitan area 
systems with a cost not to exceed $2,000,000 per metro-
politan area. For the purposes of this demonstration 
initiative, a metropolitan area is defined as Euiy area 
that has a population exceeding 300,000 and that 
meets several of the criteria established by the Sec-
reteiry in conjunction with the intelligent vehicle high-
way systems corridors program. 
(ii) Provide private technology commercialization 
initiatives to generate revenues which will be shared 
with local departments of transportation. 
(iii) Collect data primarily through wireless trans-
mission along with some shared wide area networks. 
(iv) Aggregate data into reports for multipoint data 
distribution techniques. 
(v) Utilize 
an 
advanced 
information 
system 
designed £uid monitored by an entity with experience 
with the Department of Transportation in the design 
and monitoring of high reliability, mission critical voice 
and data systems. 
(C) ELIGIBILITY.—In addition to the amounts made 
available under subparagraph (D), the program authorized 
under this paragraph shall be eligible for funding under 
sections 5207 and 5208 of this Act. 
(D) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2003 by section 5001(a)(2) 
of this Act, $1,700,000 per fiscal year shall be available 
to carry out this paragraph. 
(E) FEDERAL SHARE.—The Federal share of the cost 
of a program ceirried out under this paragraph shall be 
80 percent of the cost of such program. 
(4) CORROSION CONTROL AND PREVENTION.— 
(A) IN GENERAL.—The Secretary shall make a grant 
to conduct a study on the costs £ind benefits of corrosion 
control and prevention. The study shall be conducted in 
conjunction with an interdisciplinary team of experts from 
the fields of metallurgy, chemistiy, economics, and others, 
as appropriate. Not later than September 30, 2001, the Deadline. 
Reports. 
112 STAT. 450 
PUBLIC LAW 105-178—JUNE 9, 1998 
Secretary shall submit to Congress a report on the study 
results, together with any recommendations. 
(B) FUNDING.—Of the amounts made available for each 
of fiscal years 1999 and 2000 by section 5001(a)(1) of this 
Act, $500,000 per fiscal year shall be available to carry 
out this paragraph. 
(5) FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED 
ASPHALTS.— 
(A) IN GENERAL.—^The Secretary shall continue to carry 
out section 6016 of the Intermodal Surface Transportation 
Efficiency Act of 1991. Additional areas of the program 
under such section shall be asphalt-water interaction 
studies and asphalt-aggregate thin film behavior studies. 
(B) FUNDING.—Of the amounts made available for each 
of fiscal years 1999 through 2003 by section 5001(a)(1) 
of this Act, $3,000,000 per fiscal year shall be available 
to carry out this paragraph. 
(6) 
ADVANCED 
TRAFFIC 
MONITORING 
AND 
RESPONSE 
CENTER.— 
(A) IN GENERAL.—^The Secretary shall make grants 
to the Pennsylvania Transportation Institute, in conjunc-
tion with the Pennsylvania Turnpike Commission, to estab-
lish an 
advanced traffic 
monitoring and 
emergency 
response center at Letterkenny Army Depot in Chambers-
burg, Pennsylvania. The center shall help develop and 
coordinate traffic monitoring and ITS systems on portions 
of the Pennsylvania Turnpike system and 1-81, coordinate 
emergency response with State and local governments in 
the Central Pennsylvania Region and conduct research on 
emergency response and prototype trauma response. 
(B) FUNDING.— 
(i) ELIGIBILITY UNDER SECTION 5208.—The center 
established under this paragraph shall be eligible for 
funding under section 5208 of this Act. 
(ii) ALLOCATION.—Of the amounts made available 
for each of fiscal years 1998 through 2003 by section 
5001(a)(2) of this Act, $1,667,000 per fiscal year shall 
be available to carry out this paragraph. 
(7) TRANSPORTATION ECONOMIC AND LAND USE SYSTEM.— 
(A) IN GENERAL.—^The Secretary shall continue develop-
ment and deplo3mrient through the New Jersey Institute 
of Technology to metropolitan planning organizations of 
the Transportation Economic and Land Use System. 
(B) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2003 by section 5001(a)(2) 
of this Act, $1,000,000 per fiscal year shall be available 
to carry out this paragraph. 
(8) RECYCLED MATERIALS RESOURCE CENTER.— 
(A) ESTABLISHMENT.—^The Secretary shall establish at 
the University of New Hampshire a research program to 
be known as the "Recycled Materials Resource Center" 
(referred to in this paragraph as the "Center"). 
(B) ACTIVITIES.— 
(i) IN GENERAL.—^The Center shall— 
(I) systematically 
test, 
evaluate, 
develop 
appropriate 
guidelines 
for, 
and 
demonstrate 
environmentally 
acceptable and 
occupationally 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 451 
safe technologies and techniques for the increased 
use of traditional and nontraditional recycled and 
secondary materials in transportation infrastruc-
ture construction and maintenance; 
(II) make information 
available to 
State 
transportation departments, the Federal Highway 
Administration, the construction industry, and 
other interested parties to assist in evaluating 
proposals to use traditional and nontraditional 
recycled and secondary materials in transportation 
infrastructure construction; 
(III) encourage the increased use of traditional 
and nontraditional recycled and secondary mate-
rials by using sound science to analyze thoroughly 
all potential long-term considerations that affect 
the physical and environmental performance of the 
materials; and 
(IV) work cooperatively with Federal and State 
officials to reduce the institutional barriers that 
limit widespread use of traditional and nontradi-
tional recycled and secondary materials and to 
ensure that such increased use is consistent with 
the sustained environmental and physical integrity 
of the infrastructure in which the materials are 
used. 
(ii) 
SITES AND PROJECTS UNDER ACTUAL FIELD 
CONDITIONS.—In canying out clause (i)(III), the Sec-
retary may authorize the Center to— 
(I) use test sites and demonstration projects 
under actual field conditions to develop appro-
priate performance data; and 
(II) develop appropriate tests and guidelines 
to ensure correct use of recycled and secondary 
materials 
in 
transportation 
infrastructure 
construction. 
(C) REVIEW AND EVALUATION.— 
(i) IN GENERAL.—^Not less often than every 2 years, 
the Secretary shall review and evaluate the program 
carried out by the Center. 
(ii) NOTIFICATION OF DEFICIENCIES.—In carrying 
out clause (i), if the Secretary determines that the 
Center is deficient in carrying out subparagraph (B), 
the Secretary shall notify the Center of each deficiency 
and recommend specific measures to address the defi-
ciency. 
(iii) DISQUALIFICATION.—If, after the end of the 
180-day period that begins on the date of notification 
to the Center under clause (ii), the Secretary deter-
mines that the Center has not corrected each deficiency 
identified under clause (ii), the Secretary may, after 
notif3dng the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives of the determination, disqualify the Center from 
further participation under this section. 
(D) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2003 by section 5001(a)(1) 
112 STAT. 452 
PUBLIC LAW 105-178-^UNE 9, 1998 
Intelligent 
Transportation 
Systems Act of 
1998. 
Inter-
governmental 
relations. 
Urban and rural 
areas. 
23 u s e 502 note. 
23 u s e 502 note. 
of this Act, $1,500,000 per fiscal year shall be available 
to carry out this paragraph. 
SEC. 
5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE 
INSTITUTE. 
(a) IN GENERAL.—^The Secretary, in cooperation with the 
Commonwealth of Pennsylvania, shall establish the Intelligent 
Infrastructure Institute at Drexel University, Pennsylvania. The 
Institute shall conduct research, training, technology transfer, 
construction, maintenance, and other activities to advance infra-
structure research. 
(b) FUNDING.—^The amounts made available by the item num-
bered 315 in the table contained in section 1602 of this Act shall 
be available to carry out this section. 
(c) AUTHORIZATION.—^There is authorized to be appropriated 
$10,000,000 to carry out subsection (a). 
(d) FACILITY.—Funds made available to carry out this section 
may be used to construct a building to house the Institute. 
SEC. 5119. CONFORMING AMENDMENTS. 
(a) Section 204(b) of title 23, United States Code, is amended 
in the last sentence by striking "326" and inserting "504(b)". 
(b) Sections 307, 321, 325, and 326 of title 23, United States 
Code, are repealed. 
(c) The analysis for chapter 3 of title 23, United States Code, 
is amended by striking the items relating to sections 307, 321, 
325, and 326. 
(d) Section 115(a)(l)(A)(i) of title 23, United States Code, is 
amended by striking "or 307" and inserting "or 505". 
(e) Section 151(d) of title 23, United States Code, is amended 
by striking "section 307(a)," and inserting "section 502,". 
(f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note; 
80 Stat. 735) is amended in the third sentence by striking "sections 
307 and 403 of title 23, United States Code," and inserting "section 
403 and chapter 5 of title 23, United States Code,". 
Subtitle C—Intelligent Transportation 
Systems 
SEC. 5201. SHORT TITLE. 
This subtitle may be cited as the "Intelligent Transportation 
Systems Act of 1998". 
SEC. 5202. FINDINGS. 
Congress finds that— 
(1) investments authorized by the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.) 
have demonstrated that intelligent transportation systems can 
mitigate surface transportation problems in a cost-effective 
manner; and 
(2) continued investment in architecture and standards 
development, research, and systems integration is needed to 
accelerate the rate at which intelligent transportation systems 
are incorporated into the national surface transportation net-
work, thereby improving transportation safety and efficiency 
PUBLIC LAW 1 0 5 - 1 7 8 - ^ U N E 9, 1998 
112 STAT. 453 
and reducing costs and negative impacts on communities and 
the environment. 
SEC. 5203. GOALS AND PURPOSES. 
23 USC 502 note. 
(a) GrOALS.—^The goals of the intelUgent transportation system 
program include— 
(1) enhancement of surface transportation efficiency and 
facilitation of intermodalism and international trade to enable 
existing facilities to meet a significant portion of future 
transportation needs, including public access to employment, 
goods, and services, and to reduce regulatory, financial, and 
other transaction costs to public agencies and system users; 
(2) achievement of national transportation safety goals, 
including the enhancement of safe operation of motor vehicles 
and nonmotorized vehicles, with particular emphasis on 
decreasing the number and severity of collisions; 
(3) protection and enhancement of the natural environment 
and communities affected by surface transportation, with 
particular emphasis on assisting State and local governments 
to achieve national environmental goals; 
(4) accommodation of the needs of all users of surface 
transportation systems, including operators of commercial 
vehicles, passenger vehicles, and motorcycles, and including 
individuals with disabilities; and 
(5) improvement of the Nation's ability to respond to emer-
gencies and natural disasters and enhancement of national 
defense mobility. 
(b) PURPOSES.—^The Secretary shall implement activities under 
the intelligent system transportation program to, at a minimum— 
(1) expedite, in both metropolitan and rural areas, deploy-
ment and integration of intelligent transportation systems for 
consumers of passenger and freight transportation; 
(2) ensure that Federal, State, and local transportation 
officials have adequate knowledge of intelligent transportation 
systems for full consideration in the transportation planning 
process; 
(3) improve regional cooperation and operations planning 
for effective intelligent transportation system deployment; 
(4) promote the innovative use of private resources; 
(5) develop a workforce capable of developing, operating, 
and maintaining intelligent transportation systems; and 
(6) complete deplo3anent of Commercial Vehicle Information 
Systems and Networks in a majority of States by September 
30, 2003. 
SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS. 
23 USC 502 note. 
(a) SCOPE.—Subject to the provisions of this subtitle, the Sec-
retary shall conduct an ongoing intelligent transportation system 
program to research, develop, and operationally test intelligent 
transportation systems and advance nationwide deployment of such 
systems as a component of the surface transportation systems of 
the United States. 
(b) POLICY.—Intelligent transportation system operational tests 
and deployment projects funded pursuant to this subtitle shall 
encourage and not displace public-private partnerships or private 
sector investment in such tests and projects. 
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDU-
CATIONAL ENTITIES.—^The Secretary shall carry out the intelligent 
112 STAT. 454 
PUBLIC LAW 105-178-^UNE 9, 1998 
transportation system program in cooperation with State and local 
governments and other public entities, the United States private 
sector, the Federal laboratories, and colleges and universities, 
including historically black colleges and universities and other 
minority institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out 
the intelligent transportation system program, the Secretary, as 
appropriate, shall consult with the Secretary of Commerce, the 
Secretary of the Treasury, the Administrator of the Environmental 
Protection Agency, the Director of the National Science Foundation, 
and the heads of other Federal departments and agencies. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—^The 
Secretary may provide technical assistance, training, and informa-
tion to State and local governments seeking to implement, operate, 
maintain, or evaluate intelligent transportation system technologies 
and services. 
(f) TRANSPORTATION PLANNING.—^The Secretary may provide 
funding to support adequate consideration of transportation system 
management and operations, including intelligent transportation 
systems, within metropolitan and statewide transportation planning 
processes. 
(g) INFORMATION CLEARINGHOUSE.— 
(1) IN GENERAL.—The Secretary shall— 
(A) maintain a repository for technical and safety data 
collected as a result of federally sponsored projects carried 
out under this subtitle; and 
(B) on request, make that information (except for 
proprietary information and data) readily available to all 
users of the repository at an appropriate cost. 
(2) DELEGATION OF AUTHORITY.— 
(A) IN GENERAL.—The Secretary may delegate the 
responsibility of the Secretary under this subsection, with 
continuing oversight by the Secretary, to an appropriate 
entity not within the Department of Transportation. 
(B) FEDERAL ASSISTANCE.—If the Secretary delegates 
the responsibility, the entity to which the responsibility 
is delegated shall be eligible for Federal assistance under 
this section. 
(h) ADVISORY COMMITTEES.— 
(1) IN GENERAL.—In carrying out this subtitle, the Sec-
retary may use 1 or more advisory committees. 
(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
Any advisory committee so used shall be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.). 
(i) PROCUREMENT METHODS.— 
(1) TECHNICAL ASSISTANCE.—^The Secretary shall develop 
appropriate technical assistance and guidance to assist State 
and local agencies in evaluating and selecting appropriate 
methods of procurement for intelligent transportation system 
projects carried out using funds made available from the High-
way Trust Fund, including innovative and nontraditional meth-
ods such as the Information Technology Omnibus Procurement. 
(2) INTELLIGENT TRANSPORTATION SYSTEM SOFTWARE.—^To 
the maximum extent practicable, contracting officials shall use 
as a critical evaluation criterion the Software Engineering 
Institute's Capability Maturity Model, or another similar recog-
nized standard risk assessment methodology, to reduce the 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 455 
cost, schedule, and performance risks associated with the devel-
opment, management, and integration of intelligent transpor-
tation system software. 
(j) EVALUATIONS.— 
(1) GUIDELINES AND REQUIREMENTS.— 
(A) IN GENERAL.—^The Secretary shall issue guidelines 
and requirements for the evaluation of operational tests 
and deployment projects carried out under this subtitle. 
(B) OBJECTIVITY AND INDEPENDENCE.—^The guidelines 
and requirements issued under subparagraph (A) shall 
include provisions to ensure the objectivity and independ-
ence of the evaluator so as to avoid any real or apparent 
conflict of interest or potential influence on the outcome 
by parties to any such test or deployment project or by 
any other formal evaluation carried out under this subtitle. 
(C) FUNDING.—^The guidelines and requirements issued 
under subparagraph (A) shall establish evaluation funding 
levels based on the size and scope of each test or project 
that ensure adequate evaluation of the results of the test 
or project. 
(2) SPECIAL RULE.—^Any survey, questionnaire, or interview 
that the Secretary considers necessary to carry out the evalua-
tion of any test, deployment project, or program assessment 
activity under this subtitle shall not be subject to chapter 
35 of title 44. 
SEC. 6205. NATIONAL ITS PROGRAM PLAN. 
23 USC 502 note. 
(a) IN GENERAL.— 
(1) UPDATES.—^The Secretary shall maintain and update, 
as necessary, the National ITS Program Plan developed by 
the Department of Transportation and the Intelligent Transpor-
tation Society of America. 
(2) SCOPE.—The National ITS Program Plan shall— 
(A) specify the goals, objectives, and milestones for 
the research and deplojmient of intelligent transportation 
systems in the context of major metropolitan areas, smaller 
metropolitan and rural areas, and commercial vehicle oper-
ations; 
(B) specify how specific programs and projects will 
achieve the goals, objectives, and milestones referred to 
in subparagraph (A), including consideration of the 5- and 
10-year timeframes for the goals and objectives; 
(C) identify activities that provide for the dynamic 
development of standards and protocols to promote and 
ensure interoperability in the implementation of intelligent 
transportation system technologies, including actions taken 
to establish critical standards; and 
(D) establish a cooperative process with State and local 
governments for determining desired surface transportation 
system performance levels and developing plans for incorpo-
ration of specific intelligent transportation system capabili-
ties into surface transportation systems. 
(b) REPORTING.—^The plan described in subsection (a) shall be 
transmitted and updated as part of the Surface Transportation 
Research and Development Strategic Plan developed under section 
508 of title 23, United States Code. 
59-194 O - 98 -16: QL 3 Pwt 1 
112 STAT. 456 
PUBLIC LAW 105-178-^JUNE 9, 1998 
23 u s e 502 note. 
SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.— 
(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.— 
Consistent with section 12(d) of the National Technology Trans-
fer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
Stat. 783), the Secretary shall develop, implement, and main-
tain a national architecture and supporting standards and 
protocols to promote the widespread use and evaluation of 
intelligent transportation system technology as a component 
of the surface transportation systems of the United States. 
(2) INTEROPERABILITY AND EFFICIENCY.—^To the maximum 
extent practicable, the national architecture shall promote 
interoperability among, and efficiency of, intelligent transpor-
tation system technologies implemented throughout the United 
States. 
(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In 
carrying out this section, the Secretary may use the services 
of such standards development organizations as the Secretary 
determines to be appropriate. 
(b) REPORT ON CRITICAL STANDARDS.—^Not later than June 1, 
1999, the Secretary shall submit a report to the Committee on 
Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure and the Committee on Science 
of the House of Representatives identifying which standards are 
critical to ensuring national interoperability or critical to the 
development of other standards and specifying the status of the 
development of each standard identified. 
(c) PROVISIONAL STANDARDS.— 
(1) IN GENERAL.—If the Secretary finds that the develop-
ment or balloting of an intelligent transportation system stand-
ard jeopardizes the timely achievement of the objectives identi-
fied in subsection (a), the Secretary may establish a provisional 
standard after consultation with affected parties, and using, 
to the extent practicable, the work product of appropriate stand-
ards development organizations. 
(2) CRITICAL STANDARDS.—If a standard identified as criti-
cal in the report under subsection (b) is not adopted and pub-
lished by the appropriate standards development organization 
by January 1, 2001, the Secretary shall establish a provisional 
standard after consultation with affected parties, and using, 
to the extent practicable, the work product of appropriate stand-
ards development organizations. 
Federal Register, 
(3) PERIOD OF EFFECTIVENESS.—A provisional 
s t a n d a r d 
publication. 
established under paragraph (1) or (2) shall be published in 
the Federal Register and remain in effect until the appropriate 
standards development organization adopts and publishes a 
standard. 
(d) 
WAIVER OF REQUIREMENT TO ESTABLISH PROVISIONAL 
STANDARD.— 
(1) IN GENERAL.—^The Secretary may waive the requirement 
under subsection (c)(2) to establish a provisional standard if 
the Secretary determines that additional time would be produc-
tive or that establishment of a provisional standard would 
be counterproductive to achieving the timely achievement of 
the objectives identified in subsection (a). 
Federal Register, 
(2) NOTICE.—^The Secretary shall publish in the Federal 
publication. 
Register a notice describing each standard for which a waiver 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 457 
of the provisional standard requirement has been granted, the 
reasons for and effects of granting the waiver, and an estimate 
as to when the standard is expected to be adopted through 
a process consistent with section 12(d) of the National Tech-
nology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note; 110 Stat. 783). 
(3) WITHDRAWAL OF WAIVER.—^At any time the Secretary 
may withdraw a waiver granted under paragraph (1). Upon 
such withdrawal, the Secretary shall publish in the Federal 
Register a notice describing each standard for which a waiver 
has been withdrawn and the reasons for withdrawing the 
waiver. 
(e) CONFORMITY WITH NATIONAL ARCHITECTURE.— 
(1) IN GENERAL.—^Except as provided in paragraphs (2) 
and (3), the Secretary shall ensure that intelligent transpor-
tation system projects carried out using funds made available 
from the Highway Trust Fund, including funds made available 
under this subtitle to deploy intelligent transportation system 
technologies, conform to the national architecture, applicable 
standards or provisional standards, and protocols developed 
under subsection (a). 
(2) SECRETARY'S DISCRETION.—The Secretary may authorize 
exceptions to paragraph (1) for— 
(A) projects designed to achieve specific research objec-
tives outlined in the National ITS Program Plan under 
section 5205 or the Surface Transportation Research and 
Development Strategic Plan developed under section 508 
of title 23, United States Code; or 
(B) the upgrade or expansion of an intelligent transpor-
tation system in existence on the date of enactment of 
this subtitle, if the Secretary determines that the upgrade 
or expansion— 
(i) would not adversely affect the goals or purposes 
of this subtitle; 
(ii) is carried out before the end of the useful 
life of such system; and 
(iii) is cost-effective as compared to alternatives 
that would meet the conformity requirement of para-
graph (1). 
(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds 
used for operation or maintenance of an intelligent transpor-
tation system in existence on the date of enactment of this 
subtitle. 
(f) SPECTRUM.—^The Federal Communications Commission shall 
consider, in consultation with the Secretary, spectrum needs for 
the operation of intelligent transportation systems, including spec-
trum for the dedicated short-range vehicle-to-wayside wireless 
standard. Not later than January 1, 2000, the Federal Communica-
tions Commission shall have completed a rulemaking considering 
the allocation of spectrum for intelligent transportation systems. 
SEC. 5207. RESEARCH AND DEVELOPMENT. 
23 USC 502 note. 
(a) IN GENERAL.—^The Secretary shall carry out a comprehen-
sive program of intelligent transportation system research, develop-
ment and operational tests of intelligent vehicles and intelligent 
infrastructure systems, and other similar activities that are nec-
essary to carry out this subtitle. 
112 STAT. 458 
PUBLIC LAW 105-178—JUNE 9, 1998 
(b) PRIORITY AREAS.—^Under the program, the Secretary shall 
give higher priority to funding projects that— 
(1) address traffic management, incident management, 
transit management, toll collection, traveler information, or 
highway operations systems; 
(2) focus on crash-avoidance and integration of in-vehicle 
crash protection technologies with other on-board safety sys-
tems, including the interaction of air bags and safety belts; 
(3) incorporate human factors research, including the 
science of the driving process; 
(4) facilitate the integration of intelligent infrastructure, 
vehicle, and control technologies, including magnetic guidance 
control systems or other materials or magnetics research; or 
(5) incorporate research on the impact of environmental, 
weather, and natural conditions on intelligent transportation 
systems, including the effects of cold climates. 
(c) OPERATIONAL TESTS.—Operational tests conducted under 
this section shall be designed for the collection of data to permit 
objective evaluation of the results of the tests, derivation of cost-
benefit information that is useful to others contemplating deploy-
ment of similar systems, and development and implementation 
of standards. 
(d) FEDERAL SHARE.—^The Federal share of the cost of oper-
ational tests and demonstrations under subsection (a) shall not 
exceed 80 percent. 
23 use 502 note. 
SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION 
PROGRAM. 
(a) IN GENERAL.—^The Secretary shall conduct a comprehensive 
program to accelerate the integration and interoperability of intel-
ligent transportation systems in metropolitan and rural areas. 
Under the program, the Secretary shall select for funding, through 
competitive solicitation, projects that will serve as models to 
improve transportation efficiency, promote safety (including safe 
freight movement), increase traffic flow (including the flow of inter-
modal travel at ports of entry), reduce emissions of air pollutants, 
improve traveler information, enhance alternative transportation 
modes, build on existing intelligent transportation system projects, 
or promote tourism. 
(b) SELECTION OF PROJECTS.—^Under the program, the Secretary 
shall give priority to funding projects that— 
(1) contribute to national deployment goals and objectives 
outlined in the National ITS Program Plan under section 5205; 
(2) demonstrate a strong commitment to cooperation among 
agencies, jurisdictions, and the private sector, as evidenced 
by signed memoranda of understanding that clearly define the 
responsibilities and relations of all parties to a partnership 
arrangement, including institutional relationships and financial 
agreements needed to support deployment; 
(3) encourage private sector involvement and 
financial 
commitment, to the maximum extent practicable, through 
innovative financial arrangements, especially public-private 
partnerships, including arrangements that generate revenue 
to offset public investment costs; 
(4) demonstrate commitment to a comprehensive plan of 
fiilly integrated intelligent transportation system deployment 
PUBLIC LAW 105-178^JUNE 9, 1998 
112 STAT. 459 
in accordance with the national architecture and standards 
and protocols established under section 5206; 
(5) are part of approved plans and programs developed 
under applicable statewide and metropolitan transportation 
planning processes and applicable State air quality implementa-
tion plans, as appropriate, at the time at which Federal funds 
are sought; 
(6) minimize the relative percentage and amount of Federal 
contributions under this section to total project costs; 
(7) ensure continued, long-term operations and mainte-
nance without continued reliance on Federal funding under 
this subtitle, as evidenced by documented evidence of fiscal 
capacity and commitment from anticipated public and private 
sources; 
(8) demonstrate technical capacity for effective operations 
and maintenance or commitment to acquiring necessary skills; 
(9) mitigate any adverse impacts on bicycle and pedestrian 
transportation and safety; or 
(10) in the case of a rural area, meet other safety, mobility, 
geographic and regional diversity, or economic development 
criteria as determined by the Secretary. 
(c) FISCAL YEAR LIMITATIONS.—Of the amounts made available 
to carry out this section for a fiscal year— 
(1) not more that $15,000,000 may be used for projects 
in a single metropolitan area; 
(2) not more than $2,000,000 may be used for projects 
in a single rural area; and 
(3) not more than $35,000,000 may be used for projects 
in a State. 
(d) FUNDING LIMITATIONS.— 
(1) PROJECTS IN METROPOLITAN AREAS.—^Funding under this 
section for intelligent transportation infrastructure projects in 
metropolitan areas shall be used primarily for activities nec-
essary to integrate intelligent transportation infrastructure ele-
ments that are either deployed or to be deployed with other 
sources of funds. 
(2) OTHER PROJECTS.—For projects outside metropolitan 
areas, funding provided under this subtitle may also be used 
for installation of intelligent transportation infrastructure ele-
ments. 
(e) FUNDING FOR RURAL AREAS.—^The Secretary shall allocate 
not less than 10 percent of funds authorized by section 5001(c)(4)(A) 
in rural areas for intelligent transportation infrastructure deploy-
ment activities funded under this section to carry out intelligent 
transportation infrastructure deployment activities in rural areas. 
(f) FEDERAL SHARE.— 
(1) FUNDS MADE AVAILABLE UNDER THIS SECTION.—The Fed-
eral share of the cost of a project payable from funds made 
available under this section shall not exceed 50 percent. 
(2) FUNDS MADE AVAILABLE FROM ALL FEDERAL SOURCES.— 
The total Federal share of the cost of a project payable from 
all eligible sources (including this section) shall not exceed 
80 percent. 
(g) CORRIDOR DEVELOPMENT AND COORDINATION.— 
(1) IN GENERAL.—The Secretary shall encourage multistate Contracts. 
cooperative agreements, coalitions, or other 
arrangements 
intended to promote regional cooperation, planning, and shared 
112 STAT. 460 
PUBLIC LAW 105-178-JUNE 9, 1998 
project implementation for intelligent transportation system 
projects. 
(2) GREAT LAKES ITS IMPLEMENTATION.— 
(A) IN GENERAL.—^The Secretary shall make grants 
under this subsection to the State of Wisconsin to continue 
ITS activities in the corridor serving the Greater Milwau-
kee, Wisconsin, Chicago, Illinois, and Gary, Indiana, areas 
initiated under the Intermodal Surface Transportation Effi-
ciency Act of 1991 and other areas of the State. 
(B) FUNDING.—Of the amounts made available for each 
of 
fiscal 
years 
1998 through 
2003 
under 
section 
5001(c)(4)(A) of this Act, $2,000,000 per fiscal year shall 
be available to carry out this paragraph. 
(3) NORTHEAST ITS IMPLEMENTATION.— 
(A) IN GENERAL.—^The Secretary shall make grants 
under this subsection to the States to continue ITS activi-
ties in the Interstate Route 1-95 corridor in the north-
eastern United States initiated under the Intermodal Sur-
face Transportation Efficiency Act of 1991. 
(B) FUNDING.—Of the amounts made available for each 
of 
fiscal 
years 
1998 through 
2003 
under 
section 
5001(c)(4)(A) of this Act, $5,000,000 per fiscal year shall 
be available to carry out this paragraph. 
23 use 502 note. 
SEC. 5209. COMMERCIAL VEfflCLE INTELUGENT TRANSPORTATION 
SYSTEM INFRASTRUCTURE DEPLOYMENT. 
(a) IN GENERAL.—^The Secretary shall carry out a comprehen-
sive program to deploy intelligent transportation systems that— 
(1) improve the safety and productivity of commercial 
vehicles and drivers; and 
(2) reduce costs associated with commercial vehicle oper-
ations and Federal and State commercial vehicle regulatory 
requirements. 
(b) PURPOSE.—^The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications to commercial vehicle operations, including 
commercial vehicle, commercial driver, and carrier-specific informa-
tion systems and networks. 
(c) PRIORITY AREAS.—In carrying out the program, the Sec-
retary shall give priority to projects that— 
(1) encourage multistate cooperation and corridor develop-
ment; 
(2)(A) improve the safety of commercial vehicle operations; 
and 
(B) increase the efficiency of regulatory inspection processes 
to reduce administrative burdens by advancing technology to 
facilitate inspections and generally increase the effectiveness 
of enforcement efforts; 
(3)(A) advance electronic processing of registration informa-
tion, driver licensing information, fuel tax information, inspec-
tion and crash data, and other safety information; and 
(B) promote communication of the information among the 
States; or 
(4) enhance the SEife passage of commercial vehicles across 
the United States and across international borders. 
(d) LEVERAGING OF FEDERAL FUNDS.—Federal funds used to 
carry out the program shall, to the maximum extent practicable— 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 461 
(1) be leveraged with non-Federal funds; and 
(2) be used for activities not carried out through the use 
of private funds. 
(e) FEDERAL SHARE.—^The Federal share of the cost of the 
project payable from funds made available to carry out this section 
shall not exceed 50 percent. The total Federal share of the cost 
of the project payable from all eligible sources shall not exceed 
80 percent. 
SEC. 5210. USE OF FUNDS. 
23 USC 502 note. 
(a) OUTREACH AND PUBLIC RELATIONS LIMITATION.— 
(1) IN GENERAL.—For each fiscal year, not more than 
$5,000,000 of the funds made available to carry out this subtitle 
shall be used for intelligent transportation system outreach, 
public relations, displays, scholarships, tours, and brochures. 
(2) APPLICABILITY.—Paragraph (1) shall not apply to intel-
ligent transportation system training or the publication or dis-
tribution of research findings, technical guidance, or similar 
documents. 
(b) INFRASTRUCTURE DEVELOPMENT.—^Funds made available to 
carry out this subtitle for operational tests and deployment 
projects— 
(1) shall be used primarily for the development of intel-
ligent transportation system inn-astructure; and 
(2) to the maximum extent practicable, shall not be used 
for the construction of physical highway £ind transit infrastruc-
ture unless the construction is incidental and critically nec-
essary to the implementation of an intelligent transportation 
system project. 
(c) LIFE CYCLE COST ANALYSIS AND FINANCING AND OPERATIONS 
PLAN.—^The Secretary shall require an applicant for funds made 
available under sections 5208 and 5209 to submit to the Secretary— 
(1) an analysis of the life-cycle costs of operation and 
maintenance of intelligent transportation system elements, if 
the total initial capital costs of the elements exceed $3,000,000; 
and 
(2) a multiyear financing and operations plan that describes 
how the project will be cost-effectively operated and maintained. 
SEC. 5211. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS.—^The term "Commercial Vehicle Information Systems 
and Networks" means the information systems and communica-
tions networks that support commercisd vehicle operations. 
(2) COMMERCL\L VEHICLE OPERATIONS.—^The term "commer-
cial vehicle operations"— 
(A) means motor carrier operations and motor vehicle 
regulatory activities associated with the commercial move-
ment of goods, including hazardous materials, and pas-
sengers; and 
(B) with respect to the public sector, includes the 
issuance of operating credentials, the administration of 
motor vehicle and fuel taxes, and roadside safety and bor-
der crossing inspection and regulatory compliance oper-
ations. 
(3) CORRIDOR.—^The term "corridor" means any major 
transportation route that includes parallel limited access high-
ways, major arterials, or transit lines. 
112 STAT. 462 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—^The 
term "intelligent transportation infrastructure" means fully 
integrated public sector intelligent transportation 
system 
components, as defined by the Secretary. 
(5) 
INTELLIGENT 
TRANSPORTATION SYSTEM.—The 
term 
"intelligent transportation system" means electronics, commu-
nications, or information processing used singly or in combina-
tion to improve the efficiency or safety of a surface transpor-
tation system. 
(6) NATIONAL ARCHITECTURE.—The term "national architec-
ture" means the common framework for interoperability 
adopted by the Secretary that defines— 
(A) the functions associated with intelligent transpor-
tation system user services; 
(B) the physical entities or subsystems within which 
the functions reside; 
(C) the data interfaces and information flows between 
physical subsystems; and 
(D) the communications requirements associated with 
the information flows. 
(7) STANDARD.—^The term "standard" means a document 
that— 
(A) contains technical specifications or other precise 
criteria for intelligent transportation systems that are to 
be used consistently as rules, guidelines, or definitions 
of characteristics so as to ensure that materials, products, 
processes, and services are fit for their purposes; and 
(B) may support the national architecture and pro-
mote— 
(i) the widespread use and adoption of intelligent 
transportation system technology as a component of 
the surface transportation systems of the United 
States; and 
(ii) interoperability among intelligent transpor-
tation system technologies implemented throughout 
the States. 
(8) STATE.—^The term "State" has the meaning given the 
term under section 101 of title 23, United States Code. 
23 use 502 note. 
SEC. 5212. PROJECT FUNDING. 
(a) U S E OF HAZARDOUS MATERIALS MONITORING SYSTEMS.— 
(1) IN GENERAL.—^The Secretary shall conduct research on 
improved methods of deplojdng and integrating existing ITS 
projects to include hazardous materials monitoring systems 
across various modes of transportation. 
(2) FUNDING.—Of the amounts made available for each 
of fiscal years 1998 through 2003 by section 5001(aX6) of this 
Act, $1,500,000 per fiscal year shall be available to carry out 
this paragraph. 
(b) OUTREACH AND TECHNOLOGY TRANSFER ACTIVITIES.— 
(1) IN GENERAL.—^The Secretary shall continue to support 
the Urban Consortium's ITS outreach and technology transfer 
activities. 
(2) FUNDING.—Of the amoimts made available for each 
of fiscal years 1998 through 2003 by section 5001(aX5) of this 
Act, $500,000 per fiscal year shall be available to carry out 
this paragraph. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 463 
(c) TRANSLINK.— 
(1) IN GENERAL.—The Secretary shall make grants to the 
Texas Transportation Institute to continue the Translink 
Research progrsim. 
(2) FUNDING.—Of the amounts allocated for each of fiscal 
years 1999 through 2001 by section 5001(a)(6) of this Act, 
$1,300,000 per fiscal year shall be available to carry out this 
paragraph. 
SEC. 5213. REPEAL. 
23 USC 502 note. 
The Intermodal Surface Trsmsportation Efficiency Act of 1991 
is amended by striking part B of title VI (23 U.S.C. 307 note; 
105 Stat. 2189). 
TITLE VI—OZONE AND PARTICULATE 
MATTER STANDARDS 
SEC. 6101. FINDINGS AND PURPOSE. 
42 USC 7407 
(a) The Congress finds that— 
(1) there is a lack of air quality monitoring data for fine 
particle levels, measured as PM2.5, in the United States and 
the States should receive full funding for the monitoring efforts; 
(2) such data would provide a basis for designating areas 
as attainment or nonattainment for any PM2.5 national ambient 
air quality standards pursuant to the standards promulgated 
in July 1997; 
(3) the President of the United States directed the Adminis-
trator of the Environmental Protection Agency (referred to in 
this title as the "Administrator") in a memorandum dated July 
16, 1997, to complete the next periodic review of the particulate 
matter national ambient air quality standards by July 2002 
in order to determine "whether to revise or maintain the stand-
ards"; 
(4) the Administrator has stated that 3 years of air quality 
monitoring data for fine particle levels, measured as PM2.5 
and performed in accordance with any applicable Federal ref-
erence methods, is appropriate for designating areas as attain-
ment or nonattainment pursuant to the July 1997 promulgated 
standards; and 
(5) the Administrator has acknowledged that in drawing 
boundaries for attainment and nonattainment areas for the 
July 1997 ozone national air quality standards. Governors 
would benefit from considering implementation guidance from 
EPA on drawing area boundaries. 
(b) The purposes of this title are— 
(1) to ensure that 3 years of air quality monitoring data 
regarding fine particle levels are gathered for use in the deter-
mination of area attainment or nonattainment designations 
respecting any PM2.5 national ambient air quality standards; 
(2) to ensure that the Grovemors have adequate time to 
consider implementation guidance from EPA on drawing area 
boundaries prior to submitting area designations respecting 
the July 1997 ozone national ambient air quality standards; 
(3) to ensure that the schedule for implementation of the 
July 1997 revisions of the ambient air quality standards for 
particulate matter and the schedule for the Environmental 
112 STAT. 464 
PUBLIC LAW 105-178-JUNE 9, 1998 
Protection Agency's visibility regulations related to regional 
haze are consistent with the timetable for implementation of 
such particulate matter standards as set forth in the President's 
Implementation Memorandum dated July 16, 1997. 
42 use 7407 
SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM. 
(a) Through grants under section 103 of the Clean Air Act 
the Administrator of the Environmental Protection Agency shall 
use appropriated funds no later than fiscgJ year 2000 to fund 
100 percent of the cost of the establishment, purchase, operation 
and maintenance of a PM2.5 monitoring network necessary to imple-
ment the national ambient air quality standards for PM2.5 under 
section 109 of the Clean Air Act. This implementation shall not 
result in a diversion or reprogramming of funds from other Federal, 
State or local Clean Air Act activities. Any funds previously diverted 
or reprogrammed from section 105 Clean Air Act grants for PM2.5 
monitors must be restored to State or local air programs in fiscal 
year 1999. 
(b) EPA and the States, consistent with their respective authori-
ties under the Clean Air Act, shall ensure that the national network 
(designated in subsection (a)) which consists of the PM2.5 monitors 
necessary to implement the national ambient air quality standards 
is established by December 31, 1999. 
(c)(1) The Governors shall be required to submit designations 
referred to in section 107(d)(1) of the Clean Air Act for each area 
following promulgation of the July 1997 PM2.5 national ambient 
air quality standard within 1 year after receipt of 3 years of air 
quality monitoring data performed 
in accordance with 
any 
applicable Federal reference methods for the relevant areas. Only 
data from the monitoring network designated in subsection (a) 
and other Federal reference method PM2.5 monitors shall be consid-
ered for such designations. Nothing in the previous sentence shall 
be construed as affecting the Grovemor's authority to designate 
an area initially as nonattainment, and the Administrator's author-
ity to promulgate the designation of an area as nonattainment, 
under section 107(d)(1) of the Clean Air Act, based on its contribu-
- 
tion to ambient air quality in a nearby nonattainment area. 
(2) For any area designated as nonattainment for the July 
1997 PM2.5 national ambient air qusdity standard in accordsmce 
with the schedule set forth in this section, notwithstanding the 
time limit prescribed in paragraph (2) of section 169B(e) of the 
Clean Air Act, the Administrator shall require State implementation 
plan revisions referred to in such paragraph (2) to be submitted 
at the same time as State implementation plan revisions referred 
to in section 172 of the Clean Air Act implementing the revised 
national ambient air quality standard for fine particulate matter 
are required to be submitted. For any area designated as attainment 
or unclassifiable for such standard, the Administrator shall require 
the State implementation plan revisions referred to in such para-
graph (2) to be submitted 1 year after the area has been so des-
ignated. The preceding provisions of this paragraph shall not pre-
clude the implementation of the agreements and recommendations 
set forth in the Grand Canyon Visibility Transport Commission 
Report dated June 1996. 
(d) The Administrator shall promulgate the designations 
referred to in section 107(d)(1) of the Clean Air Act for each area 
following promulgation of the July 1997 PM2.5 national ambient 
PUBLIC LAW 105-178-^UNE 9, 1998 
112 STAT. 465 
air quality standard by the earlier of 1 year after the initial designa-
tions required under subsection (c)(1) are required to be submitted 
or December 31, 2005. 
(e) The Administrator shall conduct a field study of the ability 
of the PM2.5 Federal Reference Method to differentiate those par-
ticles that are larger than 2.5 micrograms in diameter. This study 
shall be completed and provided to the Committee on Commerce 
of the House of Representatives and the Committee on Environment 
and Public Works of the United States Senate no later than 2 
years from the date of enactment of this Act. 
SEC. 6103. OZONE DESIGNATION REQUIREMENTS. 
(a) The Grovernors shall be required to submit the designations 
referred to in section 107(d)(1) of the Clean Air Act within 2 
years following the promulgation of the July 1997 ozone national 
ambient air quality standards. 
(b) The Administrator shall promulgate final designations no 
later than 1 year after the designations required under subsection 
(a) are required to be submitted. 
SEC. 6104. ADDITIONAL PROVISIONS. 
Nothing in sections 6101 through 6103 shall be construed by 
the Administrator of Environmental Protection Agency or any court, 
State, or person to affect any pending litigation or to be a ratification 
of the ozone or PM2.5 standards. 
42 use 7407 
note. 
42 use 7407 
note. 
TITLE VH—MISCELLANEOUS 
Subtitle A—^Automobile Safety and 
Information 
SEC 7101. SHORT TITLE. 
This subtitle may be cited as the "National Highway Traffic 
Safety Administration Reauthorization Act of 1998". 
SEC. 7102. AUTHORIZATION OF APPROPRIATIONS. 
(a) MOTOR VEHICLE SAFETY ACTIVITIES.—Section 30104 of title 
49, United States Code, is amended to read as follows: 
*
*
§ 30104. Authorization of appropriations 
"There is authorized to be appropriated to the Secretary 
$81,200,000 for the National Highway Traffic Safety Administration 
to carry out this part in each fiscal year beginning in fiscal year 
1999 and ending in fiscal year 2001.". 
(b) MOTOR VEHICLE INFORMATION ACTIVITIES.—Section 32102 
of title 49, United States Code, is amended to read as follows: 
*
*
§ 32102. Authorization of appropriations 
"There is authorized to be appropriated to the Secretary 
$6,200,000 for the National Highway Traffic Safety Administration 
to carry out this part in each fiscal year beginning in fiscal year 
1999 and ending in fiscal year 2001.". 
SEC. 7103. IMPROVING AIR BAG SAFETY. 
(a) RULEMAKING TO IMPROVE AIR BAGS.— 
National 
Highway Traffic 
Safety 
Administration 
Reauthorization 
Act of 1998. 
49 use 30101 
note. 
49 use 30127 
note. 
112 STAT. 466 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(1) NOTICE OF PROPOSED RULEMAKING.—Not later than 
September 1, 1998, the Secretary of Transportation shall issue 
a notice of proposed rulemgiking to improve occupant protection 
for occupants of different sizes, belted and unbelted, under 
Federal Motor Vehicle Safety Standard No. 208, while minimiz-
ing the risk to infants, children, and other occupants from 
injuries and deaths caused by air bags, by means that include 
advanced air bags. 
(2) FINAL RULE.—^Notwithstanding any other provision of 
law, the Secretary shall complete the rulemaking required by 
this subsection by issuing, not later than September 1, 1999, 
a final rule with any provision the Secretary deems appropriate, 
consistent with paragraph (1) and the requirements of section 
30111, title 49, United States Code. If the Secretary determines 
that the final rule cannot be completed by that date to meet 
the purposes of paragraph (1), the Secretary may extend the 
date for issuing the final rule to not later than March 1, 
2000. 
(3) EFFECTIVE DATE.—^The final rule issued under this sub-
section shall become effective in phases as rapidly as prac-
ticable, beginning not earlier than September 1, 2002, and 
no sooner than 30 months after the date of the issuance of 
the final rule, but not later than September 1, 2003. The 
final rule shall become fully effective for all vehicles identified 
in section 30127(b), title 49, United States Code, that are 
manufactured on and after September 1, 2005. Should the 
phase-in of the final rule required by this paragraph commence 
on September 1, 2003, then in that event, and only in that 
event, the Secretary is authorized to make the final rule fully 
effective on September 1, 2006, for all vehicles that are manu-
factured on and after that date. 
(4) COORDINATION OF EFFECTIVE DATES.—^The requirements 
of S13 of Standard No. 208 shall remain in effect unless and 
until changed by the rule required by this subsection. 
(5) CREDIT FOR EARLY COMPLIANCE.—^To encourage early 
compliance, the Secretary is directed to include in the notice 
of proposed rulemaking required by paragraph (1) means by 
which manufacturers may earn credits for future compliance. 
Credits, on a one-vehicle for one-vehicle basis, may be earned 
for vehicles certified as being in full compliance under section 
30115 of title 49, United States Code, with the rule required 
by paragraph (2) which are either— 
(A) so certified in advance of the phase-in period; or 
(B) in excess of the percentage requirements during 
the phase-in period. 
(b) ADVISORY COMMITTEES.—^Any government advisory commit-
tee, task force, or other entity involving air bags shall include 
representatives of consumer and safety organizations, insurers, 
manufacturers, and suppliers. 
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES. 
(a) AMENDMENT.—Subchapter I of chapter 301 of title 49, 
United States Code, is amended by adding at the end the following: 
^§ 30105. Restriction on lobbying activities 
"(a) IN GENERAL.—^No funds appropriated to the Secretary shall 
be available for any activity specifically designed to urge a State 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 467 
or local legislator to favor or oppose the adoption of any specific 
legislative proposal pending before any State or local legislative 
body. 
"(b) APPEARANCE AS WITNESS NOT BARRED.—Subsection (a) 
does not prohibit officers or employees of the United States from 
testifying before any State or local legislative body in response 
to the invitation of any member of that legislative body or a State 
executive office.". 
(b) CLERICAL AMENDMENT.—^The table of contents in subchapter 
I of chapter 301 of title 49, United States Code, is amended by 
adding at the end the following: 
"30105. Restriction on lobbying activities.". 
SEC. 7105. ODOMETERS. 
(a) TRANSFERS OF NEW MOTOR VEHICLES.—Section 32705(a) 
of title 49, United States Code, is amended by adding at the end 
the following: 
"(4)(A) This subsection shall apply to all transfers of motor 
vehicles (unless otherwise exempted by the Secretary by regulation), 
except in the case of transfers of new motor vehicles from a vehicle 
manufacturer jointly to a dealer and a person engaged in the 
business of renting or leasing vehicles for a period of 30 days 
or less. 
"(B) For purposes of subparagraph (A), the term 'new motor 
vehicle' means any motor vehicle driven with no more than the 
limited use necessary in moving, transporting, or road testing such 
vehicle prior to delivery from the vehicle manufacturer to a dealer, 
but in no event shall the odometer reading of such vehicle exceed 
300 miles.". 
(b) EXEMPTED VEHICLES.—Section 32705(a) of title 49, United 
States Code, as amended by subsection (a), is amended by adding 
at the end the following new paragraph: 
"(5) The Secretary may exempt such classes or categories of 
vehicles as the Secretary deems appropriate from these require-
ments. Until such time as the Secretary amends or modifies the 
regulations set forth in 49 CFR 580.6, such regulations shall have 
full force and effect.". 
SEC. 7106. MISCELLANEOUS AMENDMENTS. 
(a) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.—Section 
30120(i)(l) of title 49, United States Code, is amended by inserting 
"(including retailers of motor vehicle equipment)" after "dealer" 
the first time it appears. 
(b) TIRES.—Section 30123 of title 49, United States Code, is 
amended by striking subsections (a), (b), and (c) and by redesignat-
ing subsections (d), (e), and (f), as subsections (a), (b), and (c), 
respectively. 
(c) AUTOMATIC OCCUPANT CRASH PROTECTION AND SEAT BELT 
USE.—Section 30127(g)(1) of title 49, United States Code, is amend-
ed by striking "every 6 months" and inserting "annually". 
(d) MISCELLANEOUS.— 
(1) DEFINITIONS.— 
(A) COUNTRY OF ORIGIN.—Section 32304(a)(3)(B) of title 
49, United States Code, is amended by inserting before 
the period the following: ", plus the assembly and labor 
costs incurred for the final assembly of such engines and 
transmissions". 
112 STAT. 468 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(B) FINAL ASSEMBLY PLACE.—Section 32304(a)(5) of 
title 49, United States Code, is amended by adding at 
the end the following: "Such term does not include facilities 
for engine and transmission fabrication and assembly and 
the facilities for fabrication of motor vehicle equipment 
component parts which are produced at the same final 
assembly place using forming processes such as stamping, 
machining, or molding processes.". 
(C) OUTSIDE SUPPLIER CONTENT REPORTING.—Section 
32304(a)(9)(A) of title 49, United States Code, is amended 
to read as follows: 
"(A) for an outside supplier— 
"(i) the full purchase price of passenger motor 
vehicle equipment whose purchase price contains at 
least 70 percent value added in the United States 
and Canada; or 
"(ii) that portion of the purchase price of passenger 
motor vehicle equipment containing less than 70 per-
cent value added in the United States and Canada 
that is attributable to the percent value added in the 
United States and Canada when such percent is 
expressed to the nearest 5 percent; and". 
(2) COUNTRY OF ASSEMBLY.—Section 32304(d) of title 49, 
United States Code, is amended by adding at the end the 
following: "A manufacturer may add to the label required under 
subsection (b) a line stating the country in which vehicle assem-
bly was completed.". 
(3) VEHICLE CONTENT PERCENTAGE BY ASSEMBLY PLANT.— 
' 
Section 32304 of title 49, United States Code, is amended 
by redesignating subsections (c) through (f) as subsections (f) 
through (i), respectively, and by adding after subsection (b) 
the following: 
"(c) VEHICLE CONTENT PERCENTAGE BY ASSEMBLY PLAJJT.— 
A manufacturer may display separately on the label required by 
subsection (b) the domestic content of a vehicle based on the assem-
bly pleuit. Such display shall occur after the matter required to 
be in the label by subsection (b)(lXA).". 
(4) SUPPLIERS FAILING TO REPORT.—Section 32304 of title 
49, United States Code, is amended by adding after subsection 
(c), as added by paragraph (3), the following: 
"(d) VALUE ADDED DETERMINATION.—If a manufacturer or allied 
supplier requests information in a timely manner from one or 
more of its outside suppliers concerning the United States/Canadian 
content of particular equipment, but does not receive that informa-
tion despite a good faith effort to obtain it, the manufacturer or 
allied supplier may make its own good faith value added determina-
tions, subject to the following: 
"(1) The manufacturer or allied supplier shall make the 
same value added determinations as would be made by the 
outside supplier, that is, whether 70 percent or more of the 
value of equipment is added in the United States and/or Can-
ada. 
"(2) The manufacturer or allied supplier shall consider 
the amount of value added and the location in which the 
value was added for all of the stages that the outside supplier 
would be required to consider. 
PUBLIC LAW 105-17&-JUNE 9, 1998 
112 STAT. 469 
"(3) The manufacturer or allied supplier may determine 
that the value added in the United States and/or Canada 
is 70 percent or more only if it has a good faith basis to 
make that determination. 
"(4) A manufacturer and its allied suppliers may, on a 
combined basis, make value added determinations for no more 
than 10 percent, by value, of a carline's total parts content 
from outside suppliers. 
"(5) Value added determinations made by a manufacturer 
or allied supplier under this paragraph shall have the same 
effect as if they were made by the outside supplier. 
"(6) This provision does not affect the obligation of outside 
suppliers to provide the requested information.". 
(5) ACCOUNTING FOR THE VALUE OF SMALL PARTS.—Section 
32304 of title 49, United States Code, is amended by adding 
after subsection (d), as added by paragraph (4), the following: 
"(e) SMALL PARTS.—^The country of origin of nuts, bolts, clips, 
screws, pins, braces, gasoline, oil, blackout, phosphate rinse, wind-
shield washer fluid, fasteners, tire assembly fluid, rivets, adhesives, 
and grommets, of any system, subassembly, or component installed 
in a vehicle shall be considered to be the country in which such 
parts were included in the final assembly of such vehicle.". 
(e) STUDY.—^The National Highway Traffic Safety Administra-
tion shall conduct a study of the benefits to motor vehicle drivers 
of a regulation to require the installation in a motor vehicle of 
an interior device to release the trunk lid. Not later than 18 months 
after the date of the enactment of this Act, the Administration 
shall submit a report on the results of the study to the Committee 
on Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY. 
(a) IMPORTATION OF NONCOMPLYING MOTOR VEHICLES.—Section 
30114 of title 49, United States Code, is amended by striking 
"or competitive racing events" and inserting "competitive racing 
events, show, or display". 
(b) TRANSITION RULE.—^A person who is the owner of a motor 
vehicle located in the United States on the date of enactment 
of this Act may seek an exemption under section 30114 of title 
49, United States Code, as amended by subsection (a) of this section, 
for a period of 6 months after the date regulations of the Secretary 
of Transportation promulgated in response to such amendment 
take effect. 
49 use 30101 
note. 
49 use 30114 
note. 
Subtitle B—^Railroads 
SEC. 7201. HIGH-SPEED RAIL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 of title 
49, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (h); and 
(2) by inserting after subsection (c) the following new sub-
sections: 
"(d) FISCAL YEAR 1998.—(1) There are authorized to be appro-
priated to the Secretary $10,000,000 for fiscal year 1998, for carry-
ing out section 26101 (including pajonent of administrative expenses 
related thereto). 
112 STAT. 470 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(2) There are authorized to be appropriated to the Secretary 
$25,000,000 for fiscal year 1998, for carrying out section 26102 
(including payment of administrative expenses related thereto). 
"(e) FISCAL YEAR 1999.—(1) There are authorized to be appro-
priated to the Secretary $10,000,000 for fiscal year 1999, for carry-
ing out section 26101 (including payment of administrative expenses 
related thereto). 
"(2) There are authorized to be appropriated to the Secretary 
$25,000,000 for fiscal year 1999, for carrying out section 26102 
(including pa3rment of administrative expenses related thereto). 
**(f) FISCAL YEAR 2000.—(1) There are authorized to be appro-
priated to the Secretary $10,000,000 for fiscal year 2000, for carry-
ing out section 26101 (including payment of administrative expenses 
related thereto). 
**(2) There are authorized to be appropriated to the Secretary 
$25,000,000 for fiscal year 2000, for carrying out section 26102 
(including payment of administrative expenses related thereto). 
"(g) FISCAL YEAR 2001.—(1) There are authorized to be appro-
priated to the Secretary $10,000,000 for fiscal year 2001, for carry-
ing out section 26101 (including payment of administrative expenses 
related thereto). 
"(2) There are authorized to be appropriated to the Secretary 
$25,000,000 for fiscal year 2001, for carrying out section 26102 
(including pa3anent of administrative expenses related thereto).". 
. (b) DEFINITION.—Section 26105(2) of title 49, United States 
Code, is amended to read as follows: 
"(2) the term liigh-speed rail' means all forms of non-
highway ground transportation that run on rails or electro-
magnetic guideways providing transportation service which is— 
"(A) reasonably expected to reach sustained speeds 
of more than 125 miles per hour; and 
"(B) made available to members of the general public 
as passengers, 
but does not include rapid transit operations within an urban 
area that are not connected to the general rail system of 
transportation;". 
SEC. 7202. UGHT DENSITY RAIL LINE PILOT PROJECTS. 
(a) AMENDMENT.—Part B of subtitle V of title 49, United States 
Code, is amended by adding at the end the following new chapter: 
"CHAPTER 223—LIGHT DENSITY RAIL LINE PILOT 
PROJECTS 
"Sec. 
"22301. Light density rail line pilot projects. 
*
*
§ 22301. Light density rail line pilot projects 
"(a) GRANTS.—^The Secretary of Transportation may make 
grants to States that have State rail plans described in section 
22102 (1) and (2), to fund pilot projects that demonstrate the 
relationship of light density railroad services to the statutory 
responsibilities of the Secretary, including those under title 23. 
"(b) LIMITATIONS.—Grants under this section may be made 
only for pilot projects for making capital improvements to, and 
rehabilitating, publicly and privately owned rail line structures, 
and may not be used for providing operating assistance. 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
112 STAT. 471 
"(c) PRIVATE OWNER CONTRIBUTIONS.—Grants made under this 
section for projects on privately owned rail line structures shall 
include contributions by the owner of the rail line structures, based 
on the benefit to those structures, as determined by the Secretary. 
"(d) STUDY.—^The Secretary shall conduct a study of the pilot 
projects carried out with grant assistance under this section to 
determine the public interest benefits associated with the light 
density railroad networks in the States and their contribution to 
a multimodal transportation system. Not later than March 31, 
2003, the Secretary shall report to Congress any recommendations 
the Secretary considers appropriate regarding the eligibility of light 
density rail networks for Federal infrastructure financing. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section 
$17,500,000 for each of the fiscal years 1998, 1999, 2000, 2001, 
2002, and 2003. Such funds shall remain available until expended.". 
(b) TABLE OF CHAPTERS.—^The table of chapters of subtitle 
V of title 49, United States Code, is amended by inserting after 
the item relating to chapter 221 the following new item: 
"223. LIGHT DENSITY RAIL LINE PILOT PROJECTS 
22301". 
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANC-
ING. 
(a) AMENDMENTS.—Title V of the Railroad Revitalization and 
Regulatory Reform Act of 1976 is amended— 
(1) by striking sections 501 through 504 and inserting 
45 USC 821-824. 
the following new sections: 
'*SEC. 501. DEFINITIONS. 
45USC82L 
"For purposes of this title: 
(IXA) The term 'cost' means the estimated long-term cost 
to the (jovemment of a direct loan or loan guarantee or modi-
fication thereof, calculated on a net present value basis, exclud-
ing administrative costs and any incidental effects on govem-
mentel receipts or outlays. 
"(B) The cost of a direct loan shall be the net present 
value, at the time when the direct loan is disbursed, of the 
following estimated cash flows: 
"(i) Loan disbursements, 
"(ii) Repayments of principal. 
"(iii) Payments of interest and other pa3rments by or 
to the (lovemment over the life of the loan after adjusting 
for estimated defaults, prepayments, fees, penalties, and 
other recoveries. 
Calculation of the cost of a direct loan shall include the effects 
of changes in loan terms resulting from the exercise by the 
borrower of an option included in the loan contract. 
"(C) The cost of a loan guarantee shall be the net present 
VEdue, at the time when the guaranteed loan is disDursed, 
of the following estimated cash flows: 
"(i) Pajnnents by the Government to cover defaults 
and delinquencies, interest subsidies, or other payments, 
"(ii) Payments to the Government, including origina-
tion and other fees, penalties, and recoveries. 
Calculation of the cost of a loan guarantee shall include the 
effects of changes in loan terms resulting from the exercise 
by the guaranteed lender of an option included in the loan 
112 STAT. 472 
PUBLIC LAW 105-178—JUNE 9, 1998 
guarantee contract, or by the borrower of an option included 
in the guaranteed loan contract. 
"(D) The cost of a modification is the difference between 
the current estimate of the net present value of the remaining 
cash flows under the terms of a direct loan or loan guarantee 
contract, and the current estimate of the net present value 
of the remaining cash flows under the terms of the contract, 
as modified. 
"(E) In estimating net present values, the discount rate 
shall be the average interest rate on marketable Treasury 
securities of similar maturity to the cash flows of the direct 
loan or loan guarantee for which the estimate is being made. 
"(F) When funds are obligated for a direct loan or loan 
guarantee, the estimated cost shall be based on the current 
assumptions, adjusted to incorporate the terms of the loan 
contract, for the fiscal year in which the funds are obligated. 
"(2) The term 'current' has the same meaning as in section 
250(c)(9) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
"(3) The term 'direct loan' means a disbursement of funds 
by the Government to a non-Federal borrower under a contract 
that requires the repayment of such funds. The term includes 
the purchase of, or participation in, a loan made by another 
lender and financing arrangements that defer payment for more 
than 90 days, including the sale of a Government asset on 
credit terms. The term does not include the acquisition of 
a federally guaranteed loan in satisfaction of default claims. 
"(4) The term 'direct loan obligation' means a binding agree-
ment by the Secretary to make a direct loan when specified 
conditions are fulfilled by the borrower. 
"(5) The term 'intermodal' means of or relating to the 
connection between rail service and other modes of transpor-
tation, including all parts of facilities at which such connection 
is made. 
"(6) The term 'loan guarantee' means any guarantee, insur-
ance, or other pledge with respect to the pa3maent of all or 
a part of the principal or interest on any debt obligation of 
a non-Federal borrower to a non-Federal lender, but does not 
include the insurance of deposits, shares, or other withdrawable 
accounts in financial institutions. 
"(7) 'the term 'loan guarantee commitment' means a bind-
ing agreement by the Secretary to make a loan guarantee 
when specified conditions are fulfilled by the borrower, the 
lender, or any other party to the guarantee agreement. 
"(8) The term 'modification' means any Government action 
that alters the estimated cost of an outstanding direct loan 
(or direct loan obligation) or an outstanding loan guarantee 
(or loan guarantee commitment) from the current estimate 
of cash flows. This includes the sale of loan assets, with or 
without recourse, and the purchase of guaranteed loans. This 
also includes any action resulting from new legislation, or from 
the exercise of administrative discretion under existing law, 
that directly or indirectly alters the estimated cost of outstand-
ing direct loans (or direct loan obligations) or loan guarantees 
(or loan guarantee commitments) such as a change in collection 
procedures. 
PUBLIC LAW 105-178-^JUNE 9,1998 
112 STAT. 473 
''SEC. 502. DIRECT LOANS AND LOAN GUARANTEES. 
45USC822. 
**(a) GENERAL AUTHORITY.—^The Secretary may provide direct 
loans and loan guarantees to State and local governments, govern-
ment sponsored authorities and corporations, railroads, and joint 
ventures that include at least 1 railroad. 
*
*
(
b
) ELIGIBLE PURPOSES.— 
'*(!) IN GENERAL.—^Direct loans and loan guarantees under 
this section shall be used to— 
"(A) acquire, improve, or rehabilitate intermodal or 
rail equipment or facilities, including track, components 
oftrack, bridges, yards, buildings, and shops; . 
"(B) refinance outstanding debt incurred for the pur-
poses described in subparagraph (A); or 
"(C) develop or establish new intermodal or railroad 
facilities. 
"(2) OPERATING EXPENSES NOT EUGIBLE.—Direct loans and 
loan guarantees under this section shall not be used for railroad 
operating expenses. 
*
*
(
c
) PRIORITY RIOJECTS.—^In granting applications for direct 
loans or guaranteed loans \mder this section, the Secretary shall 
give priority to projects that— 
"(1) ennance public safety; 
"(2) enhance the environment; 
**(3) promote economic development; 
"(4) enable United States companies to be more competitive 
in international markets; 
"(5) are endorsed by the plans prepared under section 
135 of title 23, United States Code, by the State or States 
in which they are located; or 
"(6) preserve or enhance rail or intermodsil service to small 
communities or rursd areas. 
"(d) EXTENT OF AUTHORITY.—^The aggregate unpaid principal 
amoimts of obligations under direct loans and loan guarantees 
made under this section shall not exceed $3,500,000,000 at any 
one time. Of this amount, not less than $1,000,000,000 shall be 
available solely for projects primarily benefiting freight railroads 
other than Class I carriers. 
"(e) RATES OF INTEREST.— 
"(1) DIRECT LOANS.—^The Secretary shall require interest 
to be paid on a direct loan made under this section at a 
rate not less than that necessary to recover the cost of making 
the loan. 
**(2) LOAN GUARANTEES.—^The Secretary shall not make a 
loan guarantee under this section if the interest rate for the 
loan exceeds that which the Secretary determines to be reason-
able, taking into consideration the prevailing interest rates 
and customaiy fees incurred under similar obligations in the 
private capital market. 
\f) INFRASTRUCTURE PARTNERS.— 
"(1) AUTHORITY OF SECRETARY.—^In lieu of or in combination 
with appropriations of budget authority to cover the costs of 
direct loans and loan guarantees as required under section 
504(b)(1) of the Federal Credit Reform Act of 1990, the Sec-
retary may accept on behalf of an appUcant for assistance 
under this section a commitment from a non-Federal source 
to fiind in whole or in part credit risk premiums with respect 
to the loan that is the subject of the application. In no event 
112 STAT. 474 
PUBLIC LAW 105-178-^JUNE 9, 1998 
shall the aggregate of appropriations of budget authority and 
credit risk premiums described in this paragraph with respect 
to a direct loan or loan guarantee be less than the cost of 
that direct loEin or loan guarantee. 
"(2) CREDIT RISK PREMIUM AMOUNT.—The Secretary shall 
determine the amount required for credit risk premiums under 
this subsection on the basis of— 
"(A) the circumstances of the applicant, including the 
amount of collateral offered; 
"(B) the proposed schedule of loan disbursements; 
"(C) historical data on the repajrment history of similar 
borrowers; 
"(D) consultation with the Congressional Budget Office; 
and 
"(E) any other factors the Secretary considers relevant. 
"(3) PAYMENT OF PREMIUMS.—Credit risk premiums under 
this subsection shall be paid to the Secretary before the 
disbursement of loan amounts. 
"(4) COHORTS OF LOANS.—^In order to maintain sufficient 
balances of credit risk premiums to adequately protect the 
Federal Government from risk of default, while minimizing 
the length of time the Government retains possession of those 
balances, the Secretary shall establish cohorts of loans. When 
all obligations attached to a cohort of loans have been satisffed, 
credit risk premiums paid for the cohort, and interest accrued 
thereon, which were not used to mitigate losses shall be 
returned to the original source on a pro rata basis. 
"(g) PREREQUISITES FOR AssiSTANCE.^The Secretary shall not 
make a direct loan or loan guarantee under this section unless 
the Secretary has made a finding in writing that— 
"(1) repayment of the obligation is required to be made 
within a term of not more than 25 years from the date of 
its execution; 
"(2) the direct loan or loan guarantee is justified by the 
present and probable future demand for rail services or inter-
modal facilities; 
"(3) the applicant has given reasonable assurances that 
the facilities or equipment to be acquired, rehabilitated, 
improved, developed, or established with the proceeds of the 
obligation will be economically and efficiently utilized; 
"(4) the obligation can reasonably be repsiid, using an 
appropriate combination of credit risk premiums and collateral 
offered by the applicant to protect the Federal Government; 
and 
"(5) the purposes of the direct loan or loan guarantee 
are consistent with subsection (b). 
"(h) CONDITIONS OF ASSISTANCE.—The Secretary shall, before 
greinting assistance under this section, require the applicant to 
agree to such terms and conditions as are sufficient, in the judgment 
of the Secretary, to ensure that, as long as any principal or interest 
is due and payable on such obligation, the applicant, and any 
railroad or railroad partner for whose benefit the assistance is 
intended— 
"(1) will not use any funds or assets from railroad or 
intermodal operations for purposes not related to such oper-
ations, if such use would impair the ability of the applicant. 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 475 
railroad, or railroad partner to provide rail or intermodal serv-
ices in an efficient and economic manner, or would adversely 
affect the ability of the applicant, railroad, or railroad partner 
to perform any obligation entered into by the applicant under 
this section; 
"(2) will, consistent with its capital resources, maintain 
its capital program, equipment, facilities, and operations on 
a continuing basis; and 
"(3) will not make any discretionary dividend payments 
that unreasonably conflict with the purposes stated in sub-
section (b). 
"SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARAN- 45 USC 823 note. 
TEES. 
"(a) APPLICATIONS.—^The Secretary shedl prescribe the form and 
contents required of applications for assistance under section 502, 
to enable the Secretary to determine the eligibility of the applicant's 
proposal, and shall establish terms and conditions for direct loans 
and loan guarantees made under that section. 
"(b) ASSIGNMENT OF LOAN GUARANTEES.—^The holder of a loan 
guarantee made under section 502 may assign the loan guarantee 
in whole or in part, subject to such requirements as the Secretary 
may prescribe. 
"(c) MODIFICATIONS.—^The Secretary may approve the modifica-
tion of any term or condition of a direct loan, login guarantee, 
direct loan obligation, or loan guarantee commitment, including 
the rate of interest, time of payment of interest or principal, or 
security requirements, if the Secretary finds in writing that— 
"(1) the modification is equitable and is in the overall 
best interests of the United States; and 
"(2) consent has been obtained from the applicant and, 
in the case of a loan guarantee or loan guarantee commitment, 
the holder of the obligation. 
"(d) COMPLIANCE.—^The Secretary shall assure compliance, by 
an applicant, any other party to the loan, and any railroad or 
railroad partner for whose benefit assistgince is intended, with 
the provisions of this title, regulations issued hereunder, and the 
terms and conditions of the direct loan or loan guarantee, including 
through regular periodic inspections. 
"(e) COMMERCIAL VALIDITY.—For purposes of claims by any 
party other than the Secretary, a loan guarantee or loan guarantee 
commitment shall be conclusive evidence that the underlying obliga-
tion is in compliance with the provisions of this title, and that 
such obligation has been approved and is legal as to principal, 
interest, and other terms. Such a guarantee or commitment shall 
be valid £ind incontestable in the hands of a holder thereof, including 
the original lender or any other holder, as of the date when the 
Secretary granted the application therefor, except as to fraud or 
material misrepresentation by such holder. 
"(f) DEFAULT.—^The Secretary shall prescribe regulations setting Regulations, 
forth procedures in the event of default on a loan made or guaran-
teed under section 502. The Secretary shall ensure that each loan 
guarantee made under that section contains terms and conditions 
that provide that— 
"(1) if a payment of principsd or interest under the loEin 
is in default for more than 30 days, the Secretary shall pay 
112 STAT. 476 
PUBLIC LAW 10&-178-^JUNE 9, 1998 
to the holder of the obligation, or the holder's agent, the amount 
of unpsiid guaranteed interest; 
"(2) if the default has continued for more than 90 days, 
the Secretary shall pay to the holder of the obligation, or 
the holder's agent, 90 percent of the unpaid guaranteed prin-
cipal; 
"(3) after final resolution of the default, through liquidation 
or otherwise, the Secretary shall pay to the holder of the 
obligation, or the holder's agent, any remaining amounts 
guaranteed but which were not recovered through the default's 
resolution; 
"(4) the SecretEiry shall not be required to make any pay-
ment under paragraphs (1) through (3) if the Secretary finds, 
before the expiration of the periods described in such para-
graphs, that the default has been remedied; and 
"(5) the holder of the obligation shall not receive payment 
or be entitled to retain pa3anent in a totsd amount which, 
together with all other recoveries (including any recovery based 
upon a security interest in equipment or facilities) exceeds 
the actual loss of such holder. 
"(g) RIGHTS OF THE SECRETARY.— 
"(1) SUBROGATION.—If the Secretary makes pajntnent to 
a holder, or a holder's agent, under subsection (g) in connection 
with a loan guarantee made under section 502, the Secretary 
shall be subrogated to all of the rights of the holder with 
respect to the obligor under the loan. 
"(2) DISPOSITION OF PROPERTY.—^The Secretary may com-
plete, recondition, reconstruct, renovate, repair, maintain, oper-
ate, charter, rent, sell, or otherwise dispose of any property 
or other interests obtained pursuant to this section. The Sec-
retary shall not be subject to any Federal or State regulatory 
requirements when carrying out this paragraph. 
"(h) ACTION AGAINST OBLIGOR.—^The Secretary may bring a 
civil action in an appropriate Federal court in the name of the 
United States in the event of a default on a direct loan made 
under section 502, or in the name of the United States or of 
the holder of the obligation in the event of a default on a loan 
guaranteed under section 502. The holder of a guarantee shall 
make available to the Secretary all records and evidence necessary 
to prosecute the civil action. The Secretary may accept property 
in full or partial satisfaction of any sums owed as a result of 
a default. If the Secretary receives, through the sale or other 
disposition of such property, an amount greater than the aggregate 
of— 
"(1) the amount paid to the holder of a guarantee under 
subsection (g) of this section; and 
"(2) any other cost to the United States of remedying the 
default, 
the Secretary shall pay such excess to the obligor. 
"(i) BREACH OF CONDITIONS.—^The Attorney General shall com-
mence a civil action in an appropriate Federal court to enjoin 
any activity which the Secretary finds is in violation of this title, 
regulations issued hereunder, or any conditions which were duly 
agreed to, and to secure any other appropriate relief. 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 477 
"(j) ATTACHMENT.—No attachment or execution may be issued 
against the Secretary, or any property in the control of the Sec-
retary, prior to the entry of final judgment to such effect in any 
State, Federal, or other court. 
"(k) INVESTIGATION CHARGE.—The Secretary may charge and 
collect from each applicant a reasonable charge for appraisal of 
the value of the equipment or facilities for which the direct loan 
or loan guarantee is sought, and for making necessary determina-
tions and findings. Such charge shall not aggregate more than 
one-half of 1 percent of the principal amount of the obligation."; 
(2) by striking sections 505 through 515 (other than 511(c)), 
45 USC 825 
517, and 518; 
«^s«9-
(3) in section 511(c) by striking "this section" and inserting 45 USC 831. 
"section 502"; 
(4) by moving subsection (c) of section 511 (as amended 
by paragraph (3) of this section) from section 511 to section 
503 (as inserted by paragraph (1) of this section), inserting 
45 USC 831,823. 
it after subsection (a), and redesignating it as subsection (b); 
and 
(5) by redesignating section 516 as section 504. 
45 USC 836. 
(b) TECHNICAL AND CONFORMING PROVISIONS.— 
(1) TABLE OF CONTENTS.—The table of contents of title 
V of the Railroad Revitalization and Regulatory Reform Act 
of 1976 is amended by striking the items relating to sections 
502 through 518 and inserting the following: 
"Sec. 502. Direct loans and loan guarantees. 
"Sec. 503. Administration of direct loans and loan guarantees. 
"Sec. 504. Employee protection.". 
(2) SAVINGS PROVISION.—^A transaction entered into under 
45 USC 821 note, 
the authority of title V of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before 
the date of enactment of this Act shall be administered until 
completion under its terms as if this Act were not enacted. 
(3) REPEAL.—Section 211(i) of the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 721(i)) is repealed. 
SEC. 7204. ALASKA RAILROAD. 
45 USC 1207 
(a) GRANTS.—^The Secretary may make grants to the Alaska 
Railroad for capital rehabilitation of and improvements to its pas-
senger services. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to carry out this section $5,250,000 for each 
of fiscal years 1998 through 2003. 
Subtitle C—Comprehensive One-Call 
Notification 
SEC. 7301. FINDINGS. 
49 USC 6101 
Congress finds that— 
(1) unintentional damage to underground facilities during 
excavation is a signiflcEint cause of disruptions in telecommuni-
cations, water supply, electric power, and other vital public 
services, such as hospital and air traffic control operations, 
and is a leading cause of natural gas Eind hazEirdous liquid 
pipeline accidents; 
112 STAT. 478 
PUBLIC LAW 105-178-^rUNE 9, 1998 
(2) excavation that is performed without prior notification 
to an underground facility operator or with inaccurate or 
untimely marking of such a facility prior to excavation can 
cause damage that results in fatalities, serious injuries, harm 
to the environment and disruption of vital services to the public; 
and 
(3) protection of the public and the environment from the 
consequences of underground facility damage caused by exca-
vations will be enhanced by a coordinated national effort to 
improve one-call notification programs in each State and the 
effectiveness and efficiency of one-call notification systems that 
operate under such programs. 
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS. 
(a) IN GENERAL.—Subtitle III of title 49, United States Code, 
is amended by adding at the end thereof the following: 
"CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS 
"Sec. 
"6101. Purposes. 
"6102. Defwiitions. 
"6103. Minimum standards for State one-call notification programs. 
"6104. Compliance with minimum standards. 
"6105. Review of one-call system best practices. 
"6106. Grants to States. 
"6107. Authorization of appropriations. 
"6108. Relationship to State laws. 
"§6101. Purposes 
'Thepurposesof this chapter are— 
"(1) to enhance public safety; 
"(2) to protect the environment; 
"(3) to minimize risks to excavators; and 
"(4) to prevent disruption of vital public services, 
by reducing the incidence of damage to underground facilities during 
excavation 
through 
the 
voluntary 
adoption 
and 
efficient 
implementation by all States of State one-call notification programs 
that meet the minimum standards set forth under section 6103. 
''§6102. Definitions 
"In this chapter, the following definitions apply: 
"(1) ONE-CALL NOTIFICATION SYSTEM.—^The term 'one-call 
notification system' means a system operated by an organiza-
tion that has as 1 of its purposes to receive notification from 
excavators of intended excavation in a specified area in order 
to disseminate such notification to underground facility opera-
tors that are members of the system so that such operators 
can locate and mark their facilities in order to prevent damage 
to underground facilities in the course of such excavation. 
"(2) STATE ONE-CALL NOTIFICATION PROGRAM.—^The term 
'State one-call notification program' means the State statutes, 
regulations, orders, judicial decisions, and other elements of 
law and policy in effect in a State that establish the require-
ments for the operation of one-call notification systems in such 
State. 
"(3) STATE.—^The term 'State' means a State, the District 
of Columbia, £ind Puerto Rico. 
"(4) SECRETARY.—^The term 'Secretary' means the Secretary 
of Transportation. 
PUBLIC LAW 105-178-nJUNE 9, 1998 
112 STAT. 479 
*'§6103. Minimum standards for State one-call notification 
programs 
"(a) MINIMUM STANDARDS.—^In order to qualify for a grant 
under section 6106, a State one-call notification program shall, 
at a minimum, provide for— 
"(1) appropriate participation by all undergroimd facility 
operators; 
'"(2) appropriate participation by all excavators; and 
"(3) flexible and effective enforcement under State law with 
respect to participation in, and use of, one-call notification 
systems. 
**(b) APPROPRIATE PARTICIPATION.—^In determining the appro-
priate extent of participation required for types of underground 
facilities or excavators under subsection (a), a State shall assess, 
rank, and take into consideration the risks to the public safety, 
the environment, excavators, and vital public services sissociated 
with— 
"(1) damage to types of imderground facilities; and 
"(2) activities of types of excavators. 
"(c) IMPLEMENTATION.—A State one-call notification program 
also shall, at a minimum, provide for— 
"(1) consideration of the ranking of risks under subsection 
(b) in the enforcement of its provisions; 
"(2) a reasonable relationship between the benefits of one-
call notification and the cost of implementing and compl3dng 
with the requirements of the State one-C£dl notification pro-
gram; and 
"(3) volimtary participation where the State determines 
that a type of underground facility or an activity of a type 
of excavator poses a de minimis risk to public safety or the 
environment. 
"(d) PENALTIES.—To the extent the State determines appro-
griate and necesssiry to achieve the purposes of this chapter, a 
tate one-call notification program shall, at a minimum, provide 
for— 
"(1) administrative or civil penalties commensurate with 
the seriousness of a violation by an excavator or facility owner 
of a State one-call notification program; 
"(2) increased penalties for parties that repeatedly damage 
underground facilities because they fail to use one-call notifica-
tion systems or for parties that repeatedly fail to provide timely 
and accurate marking after the required call has been made 
to a one-call notification system; 
"(3) reduced or waived penalties for a violation of a require-
ment of a State one-call notification program that results in, 
or could result in, damage that is promptly reported by the 
violator; 
"(4) equitable relief; and 
"(5) citation of violations. 
*
*
§ 6104. Compliance with minimum standards 
"(a) REQUIREMENT.—^In order to qualify for a grant under sec-
tion 6106, each State shall submit to the Secretary a grant applica-
tion under subsection (b). The State shall submit the application 
not later than 2 years after the date of enactment of this chapter. 
"(b) APPUCATION.— 
112 STAT. 480 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
"(1) Upon application by a State, the Secretary shall review 
that State's one-call notification program, including the provi-
sions for the implementation of the program and the record 
of compliance and enforcement under the program. 
"(2) Based on the review under paragraph (1), the Secretary 
shall determine whether the State's one-call notification pro-
gram meets the minimum standards for such a program set 
forth in section 6103 in order to qualify for a grant under 
section 6106. 
"(3) In order to expedite compliance under this section, 
the Secretary may consult with the State as to whether an 
existing State one-call notification program, a specific modifica-
tion thereof, or a proposed State program would result in a 
positive determination under paragraph (2). 
"(4) The Secretary shall prescribe the form and manner 
of filing an application under this section that shall provide 
sufficient information about a State's one-call notification pro-
gram for the Secretary to evaluate its overall effectiveness. 
Such information may include the nature and reasons for excep-
tions from required participation, the types of enforcement 
available, and such other information as the Secretary deems 
necessary. 
"(5) The application of a State under paragraph (1) and 
the record of actions of the Secretary under this section shall 
be available to the public. 
"(c) ALTERNATIVE PROGRAM.—A State is eligible to receive a 
grant under section 6106 if the State maintains an alternative 
one-call notification program that provides protection for public 
safety, excavators, and the environment that is equivalent to, or 
greater than, protection provided under a program that meets the 
minimum standards set forth in section 6103. 
"(d) REPORT.—^Within 3 years after the date of the enactment 
of this chapter, the Secretary shall begin to include the following 
information in reports submitted under section 60124 of this title— 
"(1) a description of the extent to which each State has 
adopted and implemented the minimum Federal standards 
under section 6103 or maintains an alternative program under 
subsection (c); 
"(2) an analysis by the Secretary of the overall effectiveness 
of each State's one-call notification program and the one-call 
notification systems operating under such program in achieving 
the purposes of this chapter; 
"(3) the impact of each State's decisions on the extent 
of required participation in one-call notification systems on 
prevention of damage to underground facilities; and 
"(4) areas where improvements are needed in one-call 
notification systems in operation in each State. 
The report shall also include any recommendations the Secretary 
determines appropriate. If the Secretary determines that the pur-
poses of this chapter have been substantially achieved, no further 
report under this section shall be required. 
*
*
§ 6105. Review of one-call system best practices 
"(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—^Except as pro-
vided in subsection (d), the Secretary, in consultation with other 
appropriate Federal agencies, State agencies, one-call notification 
system operators, underground facility operators, excavators, Eind 
PUBLIC LAW 105-178-^rUNE 9, 1998 
112 STAT. 481 
other interested parties, shall undertake a study of damage preven-
tion practices associated with existing one-call notification systems. 
"(b) PURPOSE OF STUDY OF DAMAGE PREVENTION PRACTICES.— 
The purpose of the study is to gather information in order to 
determine which existing one-call notification systems practices 
appear to be the most effective in protecting the public, excavators, 
and the environment and in preventing disruptions to public serv-
ices and damage to underground facilities. As part of the study, 
the Secretary shall consider, at a minimum— 
"(1) the methods used by one-call notification systems and 
others to encourage participation by excavators and owners 
of underground facilities; 
"(2) the methods by which one-call notification systems 
promote awareness of their programs, including use of public 
service announcements and educational materials and pro-
grams; 
"(3) the methods by which one-call notification systems 
receive and distribute information from excavators and under-
ground facility owners; 
"(4) the use of any performsmce and service standards 
to verify the effectiveness of a one-call notification system; 
"(5) the effectiveness and accuracy of mapping used by 
one-call notification systems; 
"(6) the relationship between one-csdl notification systems 
and preventing damage to underground facilities; 
"(7) how one-call notification systems address the need 
for rapid response to situations where the need to excavate 
is urgent; 
"(8) the extent to which accidents occur due to errors in 
marking of underground facilities, untimely marking or errors 
in the excavation process after a one-call notification system 
has been notified of an excavation; 
"(9) the extent to which personnel engaged in marking 
underground facilities may be endangered; 
"(10) the characteristics of damage prevention programs 
the Secretary believes could be relevant to the effectiveness 
of State one-call notification programs; and 
"(11) the effectiveness of penalties and enforcement activi-
ties under State one-call notification programs in obtaining 
compliance with program requirements. 
"(c) REPORT.—^Within 1 year after the date of the enactment 
of this chapter, the Secretary shall publish a report identifying 
those practices of one-call notification systems that are the most 
and least successful in— 
"(1) preventing damage to underground facilities; and 
"(2) providing effective and efficient service to excavators 
and underground facility operators. 
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those practices 
identified in the report that the State determines are the most 
appropriate. 
"(d) SECRETARIAL DISCRETION.—Prior to undertaking the study 
described in subsection (a), the Secretary shall determine whether 
timely information described in subsection (b) is readily available. 
If the Secretary determines that such information is readily avail-
able, the Secretary is not required to carry out the study. 
112 STAT. 482 
PUBLIC LAW 105-178—JUNE 9, 1998 
""§ 6106. Grants to States 
"(a) IN GENERAL.—^The Secretary may make a grant of financial 
assistance to a State that qualifies under section 6104(b) to assist 
in improving— 
"(1) the overall quality and effectiveness of one-call notifica-
tion systems in the State; 
"(2) communications systems linking one-call notification 
systems; 
"(3) location capabilities, including training personnel and 
developing and using location technology; 
"(4) record retention and recording capabilities for one-
call notification systems; 
"(5) public information and education; 
"(6) participation in one-call notification systems; or 
"(7) compliance and enforcement under the State one-call 
notification program. 
"(b) STATE ACTION TAKEN INTO ACCOUNT.—In making grants 
under this section, the Secretary shall take into consideration the 
commitment of each State to improving its State one-call notification 
program, including legislative and regulatory actions taken by the 
State after the date of enactment of this chapter. 
"(c) FUNDING FOR ONE-CALL NOTIFICATION SYSTEMS.—^A State 
may provide funds received under this section directly to any one-
call notification system in such State that substantially adopts 
the best practices identified under section 6105. 
''§ 6107. Authorization of appropriations 
"(a) FOR GRANTS TO STATES.—^There are authorized to be appro-
priated to the Secretary to provide grants to States under section 
6106 $1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 
2001. Such funds shall remain available until expended. 
"(b) FOR ADMINISTRATION.—^There are authorized to be appro-
priated to the Secretary such sums as may be necessary to carry 
out sections 6103, 6104, and 6105 for fiscal years 1999, 2000, 
and 2001. 
"(c) GENERAL REVENUE FUNDING.—^Any sums appropriated 
under this section shall be derived from general revenues and 
may not be derived from amounts collected under section 60301 
of this title. 
''§ 6108. Relationship to State laws 
"Nothing in this chapter preempts State law or shall impose 
a new requirement on any State or mandate revisions to a one-
call system.". 
(b) CONFORMING AMENDMENT.—^The table of chapters for sub-
title III of such title is amended by adding at the end thereof 
the following: 
"61. ONE-CALL NOTIFICATION PROGRAMS 
6101". 
sportfishingand 
Subtltlc D—Sportfishiiig and Boating 
Boating Safety 
d 
J» x 
Act of 1998. 
o a t e t y 
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT. 
16 use 777 note. 
(a) SHORT TiTLE.—^This Subtitle may be cited as the 
"Sportfishing and Boating Safety Act of 1998". 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 483 
(b) AMENDMENT OF 1950 ACT.—^Whenever in this subtitle an 
amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision of the 1950 Act, the 
reference shall be considered to be made to a section or other 
provision of the Act entitled "An Act to provide that the United 
States shall aid the States in fish restoration and management 
projects, and for other purposes," approved August 9, 1950 (16 
U.S.C. 777 et seq.). 
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS. 
(a) DEFINITIONS.—Section 2 of the 1950 Act (16 U.S.C. 777a) 
is amended— 
(1) by indenting the left margin of so much of the text 
as precedes "(a)" by 2 ems; 
(2) by inserting "For purposes of this Act—" after the 
section heading; 
(3) by striking "For the purpose of this Act the" in the 
first paragraph and inserting "(1) the"; 
(4) by indenting the left margin of so much of the text 
as follows "include—" by 4 ems; 
(5) by striking "(a)", "(b)", "(c)", and "(d)" and inserting 
"(A)", "(B)", "(C)", and "(D)", respectively; 
(6) by striking "department." and inserting "department;"; 
- 
and 
(7) by adding at the end the following: 
"(2) the term 'outreach and communications program' 
means a program to improve communications with anglers, 
boaters, and the general public regarding angling and boating 
opportunities, to reduce barriers to participation in these activi-
ties, to advance adoption of sound fishing and boating practices, 
to promote conservation and the responsible use of the Nation's 
aquatic resources, and to further safety in fishing and boating; 
and 
"(3) the term 'aquatic resource education program' means 
a program designed to enhsince the public's understanding of 
aquatic resources and sportfishing, and to promote the develop-
ment of responsible attitudes and ethics toward the aquatic 
environment.". 
(b) FUNDING FOR OUTREACH AND COMMUNICATIONS PROGRAM.— 
Section 4 of the 1950 Act (16 U.S.C. 777c) is amended— 
(1) by redesignating subsections (c), (d), £ind (e) as sub-
sections (d), (e), and (f), respectively; 
(2) by inserting after subsection (b) the following: 
"(c) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.— 
Of the bgJance of each such annual appropriation remaining after 
making the distribution under subsections (a) and (b), respectively, 
an. amount equal to— 
"(1) $5,000,000 for fiscal year 1999; 
"(2) $6,000,000 for fiscal year 2000; 
"(3) $7,000,000 for fiscal year 2001; 
"(4) $8,000,000 for fiscal year 2002; and 
"(5) $10,000,000 for fiscal year 2003; 
shall be used for the National Outreach and Communications Pro-
gram under section 8(d). Such amounts shall remain available 
for 3 fiscal years, after which any portion thereof that is unobligated 
by the Secretary of the Interior for that program may be expended 
by the Secretary under subsection (e)."; 
112 STAT. 484 
PUBLIC LAW 1 0 5 - 1 7 8 - J U N E 9, 1998 
(3) in subsection (d), as redesignated, by inserting ", for 
an outreach and communications program" after "Act"; 
(4) in subsection (d), as redesignated, by striking "sub-
sections (a) and (b)," and inserting "subsections (a), (b), and 
(c),"; 
(5) by adding at the end of subsection (d), as redesignated, 
the following: "Of the sum available to the Secretary of the 
Interior under this subsection for any fiscal year, up to 
$2,500,000 may be used for the National Outreach and Commu-
nications Program under section 8(d) in addition to the amount 
available for that program under subsection (c). No funds avail-
able to the Secretary under this subsection may be used to 
replace funding traditionally provided through general appro-
priations, nor for any purposes except those purposes author-
Federal Register, 
ized by this Act. The Secretary shall publish a detailed account-
publication, 
ing of the projects, programs, and activities funded under this 
subsection annually in the Federal Register."; and 
(6) in subsection (e), as redesignated, by striking "sub-
sections (a), (b), and (c)," and inserting "subsections (a), (b), 
(c),and(d),". 
(c) INCREASE IN STATE ALLOCATION.—Section 8 of the 
1950 
Act (16 U.S.C. 777g) is amended— 
(1) by striking "12 1/2 percentum" each place it appears 
in subsection (b) and inserting "15 percent"; 
(2) by striking "10 percentum" in subsection (c) and insert-
ing "15 percent"; 
(3) by inserting "and communications" in subsection (c) 
after "outreach"; and 
(4) by redesignating subsection (d) as subsection (f); and 
by inserting after subsection (c) the following: 
"(d) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.— 
"(1) IMPLEMENTATION.—Within 1 year after the date of 
enactment of the Sportfishing and Boating Safety Act of 1998, 
the Secretary of the Interior shall develop and implement, 
in cooperation and consultation with the Sport Fishing and 
Boating Partnership Council, a national plan for outreach and 
communications. 
"(2) CONTENT.—The plan shall provide— 
"(A) guidance, including guidance on the development 
of an administrative process and funding priorities, for 
outreach and communications programs; and 
"(B) for the establishment of a national program. 
"(3) SECRETARY MAY MATCH OR FUND PROGRAMS.—Under 
the plan, the Secretary may obligate amounts available under 
subsection (c) or (d) of section 4 of this Act— 
"(A) to make grants to any State or private entity 
to pay all or any portion of the cost of carrying out any 
outreach and communications program under the plan; 
or 
"(B) to fund contracts with States or private entities 
to carry out such a program. 
"(4) REVIEW.—^The plan shall be reviewed periodically, but 
not less frequently than once every 3 years. 
"(e) STATE OUTREACH AND COMMUNICATIONS PROGRAM.—^Within 
12 months after the completion of the national plan under sub-
section (d)(1), a State shall develop a plan for an outreach and 
PUBLIC LAW 105-178—JUNE 9, 1998 
112 STAT. 485 
communications program and submit it to the Secretary. In develop-
ing the plan, a State shall— 
"(1) review the national plan developed under subsection 
(d); 
"(2) consult with anglers, boaters, the sportfishing and 
boating industries, and the general public; and 
"(3) establish priorities for the State outreach and commu-
nications program proposed for implementation.". 
SEC. 7403. CLEAN VESSEL ACT FUNDING. 
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended 
to read as follows: 
"(b) USE OF BALANCE AFTER DISTRIBUTION.— 
"(1) FISCAL YEAR 1998.—In fiscal year 1998, an amount 
equal to $20,000,000 of the balance remaining after the dis-
tribution under subsection (a) shall be transferred to the Sec-
retary of Transportation and shall be expended for State rec-
reational boating safety programs under section 13106(a)(1) 
of title 46, United States Code. 
"(2) FISCAL YEAR 1999.—For fiscal year 1999, of the balance 
of each annual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to $74,000,000, 
reduced by 82 percent of the amount appropriated for that 
fiscal year from the Boat Safety Account of the Aquatic 
Resources Trust Fund established by section 9504 of the 
Internal Revenue Code of 1986 to carry out the purposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 
"(A) $10,000,000 shall be available to the Secretary 
of the Interior for 3 fiscal years for obligation for qualified 
projects under section 5604(c) of the Cle£in Vessel Act of 
1992 (33 U.S.C. 1322 note). 
"(B) The balance remaining after the application of 
subparagraph (A) shall be transferred to the Secretary 
of Transportation and shall be expended for State rec-
reational boating sEifety programs under section 13106 of 
title 46, United States Code. 
"(3) FISCAL YEARS 2000-2003.—^For each of fiscal years 2000 
through 2003, of the balance of each annual appropriation 
remaining after making the distribution under subsection (a), 
an amount equal to $82,000,000, reduced by 82 percent of 
the amount appropriated for that fiscal year from the Boat 
Safety Account of the Aquatic Resources Trust Fund established 
by section 9504 of the Internal Revenue Code of 1986 to carry 
out the purposes of section 13106(a) of title 46, United States 
Code, shall be used as follows: 
"(A) $10,000,000 shall be available for each fiscal year 
to the Secretary of the Interior for 3 fiscal years for obliga-
tion for qualified projects under section 5604(c) of the Clean 
Vessel Act of 1992 (33 U.S.C. 1322 note). 
"(B) $8,000,000 shall be available for each fiscal year 
to the Secretary of the Interior for 3 fiscal years for obliga-
tion for qualified projects under section 6404(d) of the 
Sportfishing and Boating Safety Act of 1998. 
"(C) The balEince remaining Eifter the application of 
subparagraphs (A) and (B) shall be transferred for each 
such fiscal year to the Secretary of Transportation and 
112 STAT. 486 
PUBLIC LAW 105-178-JUNE 9, 1998 
shall be expended for State recreational boating safety 
programs under section 13106 of title 46, United States 
Code. 
"(4) 
TRANSFER OF CERTAIN FUNDS.—Amounts available 
under subparagraph (A) of paragraph (2) and subparagraphs 
(A) and (B) of paragraph (3) that are unobligated by the Sec-
retary of the Interior after 3 fiscal years shall be transferred 
to the Secretary of Transportation and shall be expended for 
State recreational boating safety programs under section 
13106(a) of title 46, United States Code.". 
16 use 777g-l. 
SEC. 7404. BOATING INFRASTRUCTURE. 
(a) PURPOSE.—^The purpose of this section is to provide funds 
to States for the development and maintenance of facilities for 
transient nontrailerable recreational vessels. 
(b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C. 777g), as 
amended by section 6402, is amended by adding at the end thereof 
the following: 
"(g) SURVEYS.— 
"(1) NATIONAL FRAMEWORK.—Within 6 months after the 
date of enactment of the Sportfishing and Boating Safety Act 
of 1998, the Secretary, in consultation with the States, shall 
adopt a national framework for a public boat access needs 
assessment which may be used by States to conduct surveys 
to determine the adequacy, number, location, and quality of 
facilities providing access to recreational waters for all sizes 
of recreational boats. 
"(2) STATE SURVEYS.—Within 18 months after such date 
of enactment, each State that agrees to conduct a public boat 
access needs survey following the recommended national frame-
work shall report its findings to the Secretary for use in the 
development of a comprehensive national assessment of rec-
reational boat access needs and facilities. 
"(3) EXCEPTION.—Paragraph (2) does not apply to a State 
if, within 18 months after such date of enactment, the Secretary 
certifies that the State has developed and is implementing 
a plan that ensures there are and will be public boat access 
adequate to meet the needs of recreational boaters on its waters. 
"(4) FUNDING.—^A State that conducts a public boat access 
needs survey under paragraph (2) may fund the costs of 
conductmg that assessment out of amounts allocated to it as 
funding dedicated to motorboat access to recreational waters 
under subsection (b)(1) of this section.". 
(c) PLAN.—^Within 6 months afl«r submitting a survey to the 
Secretary under section 8(g) of the Act entitled "An Act to provide 
that the United States shall aid the States in fish restoration 
and management projects, and for other purposes," approved August 
9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this 
section, a State may develop and submit to the Secretary a plan 
for the construction, renovation, and maintenance of facilities for 
transient nontrailerable recreational vessels, and access to those 
facilities, to meet the needs of nontrailerable recreational vessels 
operating on navigable waters in the State. 
(d) GRANT PROGRAM.— 
(1) MATCHING GRANTS.—^The Secretary of the Interior shall 
obligate amounts made available under section 4(b)(3)(B) of 
the Act entitled "An Act to provide that the United States 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 487 
shall aid the States in fish restoration and management 
projects, and for other purposes," approved August 9, 1950, 
as amended by this Act, to make grants to any State to pay 
not more than 75 percent of the cost to a State of constructing, 
renovating, or msiintaining facilities for transient nontrailerable 
recreational vessels. 
(2) PRIORITIES.—^In awarding grants under paragraph (1), 
the Secretary shall give priority to projects that— 
(A) consist of the construction, renovation, or mainte-
nance of facilities for transient nontrailerable recreational 
vessels in accordance with a plan submitted by a State 
under subsection (c); 
(B) provide for public/private partnership efforts to 
develop, maintain, and operate facilities for transient 
nontrailerable recreational vessels; and 
(C) propose innovative ways to increase the availability 
of facilities for transient nontrailerable recreational vessels. 
(e) DEFINITIONS.—^For purposes of this section, the term— 
(1) "nontrailerable recreational vessel" means a recreational 
vessel 26 feet in length or longer— 
(A) operated primarily for pleasure; or 
(B) leased, rented, or chartered to another for the 
latter's pleasure; 
(2) "facilities for transient nontrailerable recreational ves-
sels" includes mooring buoys, day-docks, navigational aids, sea-
sonal slips, safe harbors, or similar structures located on navi-
gable waters, that are available to the general public (as deter-
mined by the Secretary of the Interior) and designed for tem-
porary use by nontrailerable recreational vessels; and 
(3) "State" means each of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands. 
SEC. 7405. BOAT SAFETY FUNDS. 
(a) AVAILABILITY OF ALLOCATIONS.—Section 13104(a) of title 
46, United States Code, is amended— 
(1) in paragraph (1), by striking "3 years" and inserting 
' 
"2 years"; and 
(2) in paragraph (2), by striking "3-year" and inserting 
"2-year". 
(b) EXPENDITURES.—Section 13106 of title 46, United States 
Code, is amended— 
(1) by striking the first sentence of subsection (a)(1) and 
inserting the following: "Subject to paragraph (2) and subsection 
(c), the Secretary shall expend in each Hscal year for State 
recreationsil boating safety programs, under contracts with 
States under this chapter, an amount equal to the sum of 
(A) the amount appropriated from the Boat Safety Account 
for that fiscal year and (B) the amount transferred to the 
Secretary under section 4(b) of the Act of August 9, 1950 
(16U.S.C. 777c(b))."; 
(2) in subsection (a)(2), by striking "appropriated" and 
inserting "available"; and 
(3) by striking subsection (c) and inserting the following: 
"(c) Of the amount transferred for each fiscal year to the Sec-
retary of Transportation under paragraphs (2) and (3) of section 
59-194 O - 98 - 17: QL 3 Part 1 
112 STAT. 488 
PUBLIC LAW 105-178-nJUNE 9, 1998 
4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 
is available to the Secretary for pa3rment of expenses of the Coast 
Guard for personnel and activities directly related to coordinating 
and carrying out the national recreational boating safety program 
under this title, of which $2,000,000 shall be available to the 
Secretary only to ensure compliance with chapter 43 of this title. 
No funds available to the Secretary under this subsection may 
be used to replace funding traditionally provided through general 
appropriations, nor for any purposes except those purposes author-
ized by this section. Amounts made available by this subsection 
Federal Register, 
shall remain available until expended. The Secretary shall publish 
publication. 
annually in the Federal Register a detailed accounting of the 
projects, programs, and activities funded imder this subsection.", 
(c) CONFORMING AMENDMENTS.— 
(1) The heading for section 13106 of title 46, United States 
Code, is amended to read as follows: 
^§ 13106. Authorization of appropriations'*. 
(2) The chapter analysis for chapter 131 of title 46, United 
States Code, is amended by striking the item relating to section 
13106 and inserting the following: 
"13106. Authorization of appropriations.". 
TITLE Vin—TRANSPORTATION DISCRE-
TIONARY SPENDING GUARANTEE AND 
BUDGET OFFSETS 
Subtitle A—^Transportation Discretionary 
Spending Guarantee 
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES. 
(a) ESTABLISHMENT OF SEPARATE CATEGORIES.—Section 251(c) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 
2 use 901. 
is amended as follows: 
(1) FY1999.—In paragraph (3), strike "and" at the end 
of subparagraph (B) and after subparagraph (C) add the follow-
ing new subparagraphs: 
"(D) for the highway category: $21,885,000,000 in out-
lays; and 
"(E) for the mass transit category: $4,401,000,000 in 
outlays;". 
(2) FY2000.—In paragraph (4), strike "and" at the end 
of subparagraph (A) and at the end add the following new 
subparagraphs: 
"(C) for the highway category: $24,436,000,000 in out-
lavs* and 
"(D) for the mass transit category: $4,761,000,000 in 
outlays;". 
(3) FY2001.—^In paragraph (5), strike the comma and insert 
"—" after "2001", insert "(A)" before "for" and indent the new 
subparagraph and move it 2 ems to the right, strike "and" 
at the end of such subparagraph, and s(t the end add the 
following new subparagraphs: 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 489 
"(B) for the highway category: $26,204,000,000 in out-
lays; and 
"(C) for the mass transit category: $5,190,000,000 in 
outlays;". 
(4) FY2002.—^In paragraph (6), strike the comma and insert 
"—" after "2002", insert "(A)" before "for", indent the new 
subparagraph and move it 2 ems to the right, and add at 
the end the following new subparagraphs: 
"(B) for the highway category: $26,977,000,000 in out-
lays; and 
"(C) for the mass transit category: $5,709,000,000 in 
outlays; and". 
(5) FY2003.—After paragraph (6), add the following new 
paragraph: 
"(7) with respect to fiscal year 2003— 
"(A) for the highway category: $27,728,000,000 in out-
lays; and 
"(B) for the mass transit category: $6,256,000,000 in 
outlays.". 
(b) OFFSETTING ADJUSTMENT IN 
DISCRETIONARY SPENDING 2USC90inote. 
LIMITS.— 
(1) ADJUSTMENT OF NONDEFENSE CATEGORY FOR FYI999.— 
The discretionary spending limit set forth in section 251(c)(3XB) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as adjusted in conformance with section 251(b) of 
that Act, is reduced by $859,000,000 in new budget authority 
and $25,173,000,000 in outlays. 
(2) ADJUSTMENT OF DISCRETIONARY CATEGORY FOR FY2OOO.— 
The discretionary spending limit set forth in section 251(c)(4)(A) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as adjusted in conformance with section 251(b) of 
that Act, is reduced by $859,000,000 in new budget authority 
and $26,045,000,000 in outlays. 
(3) ADJUSTMENT OF DISCRETIONARY SPENDING LIMIT FOR 
FY2001.—^The discretionary spending limit set forth in section 
251(cX5)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as adjusted in conformance with section 
251(b) of that Act, is reduced by $859,000,000 in new budget 
authority and $26,329,000,000 in outlays. 
(4) ADJUSTMENT OF DISCRETIONARY SPENDING LIMIT FOR 
FY2002.—^The discretionary spending limit set forth in section 
251(cX6)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as adjusted in conformance witn section 
251(b) of that Act, is reduced by $859,000,000 in new budget 
authority and $26,675,000,000 in outlays. 
(c) DEFINITIONS OF HIGHWAY CATEGORY AND MASS TRANSIT 
CATEGORY.—Section 250(cX4) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by inserting "(A)" 2USC900. 
after "(4)" and by adding at the end the following new subpara-
graphs: 
"(B) The term *highway categoiV refers to the following 
budget accounts or portions thereof that are subject to the 
obligation limitations on contract authority set forth in the 
Transportation Equity Act for the 21st Century: 
"(i) 69-8083-0-7-401 (Federal-Aid Highways), 
"(ii) 
69-8020-0-7-401 
(Highway 
Traffic 
Safety 
Grants). 
112 STAT. 490 
PUBLIC LAW 105-178—JUNE 9, 1998 
"(iii) 69-8048-0-7-401 (National Motor Carrier Safety 
Program). 
"(iv) 69-8016-0-7-401 (Operations 
and 
Research 
NHTSA). 
"(C) The term 'mass transit category* refers to the following 
budget accounts or portions thereof that are subject to the 
obligation limitations on contract authority provided in the 
Transportation Equity Act for the 21st Century and for which 
appropriations are provided pursuant to authorizations con-
tained in that Act (except that appropriations provided pursu-
ant to section 5338(h) of title 49, United States Code, as amend-
ed by this section, shall not be included in this category): 
"(i) 69-8191-0-7-401 (Mass Transit Capital Fund), 
"(ii) 69-8350-0-7-401 (Trust Fund Share of Expenses), 
"(iii) 69-1129-0-1-401 (Formula Grants), 
"(iv) 69-1120-0-1-401 (Administrative Expenses), 
"(v) 
69-1136-0-1-401 
(University 
Transportation 
Centers). 
"(vi) 
69-1137-0-1-401 
(Transit 
Planning 
and 
Research). 
"(D) SPECIAL RULE.—(i) Any outlays in excess of the discre-
tionary spending limit set forth in section 251(c) for the highway 
or mass transit category, as adjusted, for the budget year 
shall be considered nondefense category outlays or discretionary 
category outlays. 
"(ii) If the obligation limitations for accounts in the highway 
or mass transit category provided in an appropriation Act for 
a fiscal year exceed the obligation limitations set forth in section 
8103 of the Transportation Equity Act for the 21st Century 
for that year, as adjusted, the estimated outlays flowing for 
each outyear from such excess obligations calculated pursuant 
to clause (iii) shall be attributed to the discretionary category 
in that outyear. 
"(iii) For purposes of clause (ii), outlays from excess obliga-
tions shall be determined using the average of the spendout 
rates for that category in the baseline.", 
(d) 
ADJUSTMENT TO 
HIGHWAY AND 
MASS 
TRANSIT 
CAT-
EGORIES.—Section 251(b)(1) of the Balanced Budget and Emergency 
2 use 901. 
Deficit Control Act of 1985 is amended by— 
(1) striking "When" and inserting: 
"(A) CONCEPTS AND DEFINITIONS.—^When"; and 
' 
(2) adding at the end the following: 
"(B) ADJUSTMENT TO ALIGN HIGHWAY SPENDING WITH 
REVENUES.—(i) When the President submits the budget 
under section 1105 of title 31, United States Code, OMB 
shall calculate and the budget shall include adjustments 
to the highway category for the budget year and each 
outyear as provided in clause (iiXIXcc). 
"(iiXIXaa) OMB shall take the actual level of highway 
receipts for the year before the current year and subtract 
the sum of the estimated level of highway receipts in 
subclause (II) plus any amount previously calculated under 
item (bb) for that year. 
"(bb) OMB shall take the current estimate of highway 
receipts for the budget year and subtract the estimated 
level of receipts for that year. 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 491 
"(cc) 0MB shall take the sum of the amounts calculated 
under items (aa) and (bb), add that sum to the amount 
of obligations set forth in section 8103 of the Transportation 
Equity Act for the 21st Century for the highway category 
for the budget year, and calculate the outlay change result-
ing from that change in obligations relative to that amount 
for the budget year and each outyear using current esti-
mates. After making the calculation under the preceding 
sentence, 0MB shall adjust the amount of obligations set 
forth in that section for the budget year by adding the 
sum of the amounts calculated under items (aa) and (bb). 
"(11) The estimated level of highway receipts for the 
purposes of this clause are— 
"(aa) for fiscal year 1998, $22,164,000,000; 
"(bb) for fiscal year 1999, $32,619,000,000; 
"(cc) for fiscal year 2000, $28,066,000,000; 
"(dd) for fiscal year 2001, $28,506,000,000; 
"(ee) for fiscal year 2002, $28,972,000,000; and 
"(fO for fiscal year 2003, $29,471,000,000. 
"(Ill) In this clause, the term 'highway receipts' means 
the governmental receipts credited to the highway account 
of the Highway Trust Fund. 
"(C)(i) In addition to the adjustment required by subpara-
graph (B), when the President submits the budget under section 
1105 of title 31, United States Code, for fiscal years 2000, 
2001, 2002, or 2003, 0MB shall calculate and the budget shall 
include for the budget year and each outyear an adjustment 
to the limits on outlays for the highway category and the 
mass transit category equal to— 
"(I) the outlays for the applicable category calculated 
assuming obligation levels consistent with the estimates 
prepared pursuant to subparagraph (D), as adjusted, using 
current technical assumptions; minus 
"(II) the outlays for the applicable category set forth 
in the subparagraph (D) estimates, as adjusted. 
"(ii) The adjustment made pursuant to clause (i) in the 
fiscal years 2002 and 2003 budget submissions of the President 
under section 1105(a) of title 31, United States Code, shall 
not exceed 4 percent plus cumulative carryovers. In this clause, 
the term 'cumulative carryovers' means the total of each amount 
by which outlays for the highway and mass transit category 
for any fiscal year are less than the outlay limit for that 
category, as adjusted, for that year less any amount of carryover 
used in the previous year, 
"(D)(i) When 0MB and CBO submit their final sequester 
report for fiscal year 1999, that report shall include an estimate 
of the outlays for each of the categories that would result 
in fiscal years 2000 through 2003 from obligations at the levels 
specified in section 8103 of the Transportation Equity Act for 
the 21st Century using current assumptions. 
"(ii) When the President submits the budget under section 
1105 of title 31, United States Code, for fiscal years 2000, 
2001, 2002, or 2003, 0MB shall adjust the estimates made 
in clause (i) by the adjustments by subparagraphs (B) and 
(C). 
112 STAT. 492 
PUBLIC LAW 105-178-^JUNE 9, 1998 
"(E) OMB shall consult with the Committees on the Budget 
and include a report on adjustments under subparagraphs (B) 
and (C) in the preview report.". 
(e) ENFORCEMENT OF GUARANTEE.—Rule XXI of the Rules of 
the House of Representatives is amended by adding at the end 
the following new clause: 
"9. It shall not be in order to consider any bill or joint resolution, 
or any amendment thereto or conference report thereon, that would 
cause obligation limitations to be below the level for any fiscal 
year set forth in section 8103 of the Transportation Equity Act 
for the 21st Century, as adjusted, for the highway category or 
the mass transit category, as applicable.". 
2 u s e 902 note. 
SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT. 
Upon the enactment of this Act, the Director of the Office 
of Management and Budget shall not make any estimates under 
section 252(d) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 of changes in direct spending outlays and receipts 
for any fiscal year resulting from this title. 
2 u s e 901 note. 
SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS. 
(a) HIGHWAY CATEGORY.—For the purposes of section 251(b) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
the level of obligation limitations for the highway category is— 
(1) for fiscal year 1999, $25,883,000,000; 
(2) for fiscal year 2000, $26,629,000,000; 
(3) for fiscal year 2001, $27,158,000,000; 
(4) for fiscal year 2002, $27,767,000,000; and 
(5) for fiscal year 2003, $28,233,000,000. 
(b) MASS TRANSIT CATEGORY.—For the purposes of section 
251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, the level of obligation limitations for the mass transit 
category is— 
(1) for fiscal year 1999, $5,365,000,000; 
(2) for fiscal year 2000, $5,797,000,000; 
(3) for fiscal year 2001, $6,271,000,000; 
(4) for fiscal year 2002, $6,747,000,000; and 
(5) for fiscal year 2003, $7,226,000,000. 
For purposes of this subsection, the term "obligation limitations" 
means the sum of budget authority and obligation limitations. 
Veterans 
Subtltlc B—Vctcrans' Benefits 
Benefits Act of 
1998. 
38 u s e 101 note. 
SEC. 8201. SHORT TITLE. 
This subtitle may be cited as the "Veterans Benefits Act of 
1998". 
SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNEC-
TION FOR DISABILITIES RELATING TO USE OF TOBACCO 
PRODUCTS. 
(a) WARTIME DISABILITY COMPENSATION.—Section 1110 of title 
38, United States Code, is amended by striking "or abuse of alcohol 
or drugs" and inserting ", abuse of alcohol or drugs, or use of 
tobacco products". 
(b) PEACETIME DISABILITY COMPENSATION.—Section 1131 of 
such title is amended by striking "or abuse of alcohol or drugs" 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 493 
and inserting ", abuse of alcohol or drugs, or use of tobacco prod-
ucts". 
(c) APPLICABILITY.—(1) Except as provided in paragraph (2), 
the amendments made by this section shall apply to any claims 
for compensation received by the Secretary of Veterans Affairs 
before, on, or after the date of enactment of this Act. 
(2) The amendments made by this section shall not apply 
in the case of any such claims adjudicated by the Secretary before 
such date of enactment for which a service-connection was estab-
lished for a disability on the basis of the use of tobacco products. 
SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC EDU-
CATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. 
(a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.— 
(1) INCREASE IN RATES.—Section 3015 of title 38, United 
States Code, is amended— 
(A) in subsection (a)(1), by striking "$400" and insert-
ing "$528 (as increased from time to time under subsection 
(g))"; and 
(B) in subsection (b)(1), by striking "$325" and insert-
ing "$429 (as increased from time to time under subsection 
(g))". 
(2) CPI ADJUSTMENT.—Subsection (g) of such section is 
amended by striking "beginning on or after October 1, 1994" 
and all that follows through "such rates" and inserting ", the 
Secretary shall provide a percentage increase (rounded to the 
nearest dollar) in the rates payable under subsections (a)(1) 
and (b)(1)". 
(3) TECHNICAL AMENDMENTS.—Such section is further 
amended— 
(A) in subsection (a), by striking "subsections (b), (c), 
(d), (e), (f), and (g) of in the matter preceding paragraph 
(1); and 
(B) in subsection (b)— 
(i) by striking "Except as provided in subsections 
(c), (d), (e), (D, and (g), in" and inserting "In"; and 
(ii) by inserting "(except as provided in the succeed-
ing subsections of this section)" after "under this chap-
ter shall". 
(4) EFFECTIVE DATE.—^The amendments made by this sub- 
38 USC 3015 
section shall take effect on October 1, 1998, and shall apply 
"o^. 
with respect to educationed assistance allowances paid for 
months after September 1998. However, no adjustment in rates 
of educational assist£ince shall be made under subsection (g) 
of section 3015 of title 38, United States Code, as amended 
by paragraph (2), for fiscal year 1999. 
(b) SELECTED RESERVE EDUCATIONAL ASSISTANCE.— 
(1) INCREASE IN RATES.—Paragraph (1) of section 16131(b) 
of title 10, United States Code, is amended— 
(A) in subparagraph (A), by striking "$190" and insert-
ing "$251 (as increased from time to time under paragraph 
(2))"; 
(B) in subparagraph (B), by striking "$143" and insert-
ing "$188 (as increased from time to time under paragraph 
(2))"; and 
112 STAT. 494 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(C) in subparagraph (C), by striking "$95" and insert-
ing "$125 (as increased from time to time under paragraph 
(2))". 
(2) CPI ADJUSTMENT.—^Paragraph (2) of such section is 
amended by striking 'TDeginning on or after October 1, 1994" 
and all that follows through "such rates" and inserting ", the 
Secretary shall provide a percentage increase (rounded to the 
nearest dollar) in the rates payable under subparagraphs (A), 
(B), and (C) of paragraph (1)". 
(3) TECHNICAL AMENDMENT.—^Paragraph (1) of such section 
is further amended by striking "in paragraph (2) and". 
10 use 16131 
(4) EFFECTIVE DATE.^The amendments made by this sub-
™te. 
section shall take effect on October 1, 1998, and shall apply 
with respect to educational assistance allowances paid for 
months after September 1998. However, no adjustment in rates 
of educational assistance shall be made under paragraph (2) 
of section 16131(b) of title 10, United States Code, as amended 
by paragraph (2), for fiscsd year 1999. 
SEC. 8204. DECREASE D
>
I ASSISTANCE AMOUNT FOR SPECIALLY 
ADAPTED HOUSING. 
(a) IN GENERAL.—Section 2102 of title 38, United States Code, 
is amended— 
(1) in the matter preceding paragraph (1) of subsection 
(a), by striking "$38,000" and inserting "$43,000"; and 
(2) in subsection (b)(2), by striking "$6,500" and inserting 
"$8,250". 
38 use 2102 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
note. 
(a) shall apply with respect to limitations under section 2102 of 
such title on assistance furnished to a veteran under section 2101 
of such title on or after October 1,1998. 
SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE 
AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED 
VETERANS. 
(a) IN GENERAL.—Section 3902(a) of title 38, United States 
Code, is amended by striking out "$5,500" and inserting in lieu 
thereof "$8,000". 
38 use 3902 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall apply with respect to assistance furnished under section 3902 
of such title on or after October 1, 1998. 
38 use 1521 
SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS 
note. 
EUGIBLE FOR PENSION. 
Effective October 1, 1998, the maximum annual rates of pension 
in effect as of September 30, 1998, under the following provisions 
of chapter 15 of title 38, United States Code, are increased by 
$600: 
(1) Subsections (d)(1), (dX2), (f)(2), and (f)(4) of section 
1521. 
(2) Section 1536(d)(2). 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 495 
SEC. 8207. EUGmnJTY OF CERTAIN REMARRIED SURVIVING SPOUSES 
FOR REINSTATEMENT OF DEPENDENCY AND INDEMNITY 
COMPENSATION 
UPON 
TERMINATION 
OF 
THAT 
REMARRIAGE. 
(a) RESTORATION OF PRIOR ELIGIBILITY.—Section 1311 of title 
38, United States Code, is amended by adding at the end the 
following new subsection: 
"(e)(1) The remarriage of the surviving spouse of a veteran 
shall not bar the furnishing of dependency and indemnity compensa-
tion to such person as the surviving spouse of the veteran if the 
remarriage is terminated by death, divorce, or annulment unless 
the Secretary determines that the divorce or annulment was secured 
through fraud or collusion. 
"(2) If the surviving spouse of a veteran ceases living with 
another person and holding himself or herself out openly to the 
public as that person's spouse, the bar to granting that person 
dependency and indemnity compensation as the surviving spouse 
of the veteran shall not apply. 
"(3) The first month of eligibility for payment of dependency 
and indemnity compensation to a surviving spouse by reason of 
this subsection shall be the later of the month after— 
"(A) the month of the termination of such remarriage, 
in the case of a surviving spouse described in paragraph (1); 
or 
"(B) the month of the cessation described in paragraph 
(2), in the case of a surviving spouse described in that para-
graph.". 
(b) EFFECTIVE DATE.—No payment may be made by reason 
38 use 1311 
of section 1311(e) of title 38, United States Code, as added by note, 
subsection (a), for any month before October 1998. 
SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR 
10 USC 1174 
DEPARTMENT OF DEFENSE SPECIAL SEPARATION BENE- 
note. 
FIT PROGRAM. 
The amendment made by section 653 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2583) to subsection (hX2) of section 1174 of title 10, United 
States Code, shall apply to any payment of separation pay under 
the special separation benefits program under section 1174a of 
that title that was made during the period beginning on December 
5, 1991, and ending on September 30, 1996. 
SEC. 8209. SENSE OF THE CONGRESS CONCERNING RECOVERY FROM 
TOBACCO COMPANIES OF COSTS OF TREATMENT OF VET-
ERANS FOR TOBACCO-RELATED ILLNESSES. 
It is the sense of the Congress— 
(1) that the Attorney General or the Secretary of Veterans 
Affairs, as appropriate, should take all steps necessary to 
recover from tobacco companies amounts corresponding to the 
costs which would be incurred by the Department of Veterans 
Affairs for treatment of tobacco-related illnesses of veterans, 
if such treatment were authorized by law; and 
(2) that the Congress should authorize by law the treatment 
i
^ .. 
of tobacco-related illnesses of veterans upon the recovery of 
such amounts. 
112 STAT. 496 
PUBLIC LAW 105-178-^JUNE 9, 1998 
Subtitle C—^Temporary Student Loan 
Provision. 
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION. 
(a) FFEL INTEREST RATES.— 
(1) AMENDMENT.—Section 427A of the Higher Education 
Act of 1965 (20 U.S.C. 1077a) is amended— 
(A) by redesignating subsections (j) and (k) as sub-
sections (k) and (1), respectively; and 
(B) by inserting after subsection (i) the following new 
subsection: 
"(j) INTEREST RATES FOR NEW LOANS BETWEEN JULY 1, 1998 
AND OCTOBER 1,1998.— 
"(1) IN GENERAL.—^Notwithstanding subsection (h), but sub-
ject to paragraph (2), with respect to any login made, insured, 
or guaranteed under this part (other than a loan made pursuant 
to section 428B or 428C) for which the first disbursement 
is made on or after July 1, 1998, and before October 1, 1998, 
the applicable rate of interest shall, during any 12-month period 
beginning on Jiily 1 and ending on June 30, be determined 
on the preceding June 1 and be equal to— 
"(A) the bond equivalent rate of 91-day Treasury bills 
auctioned at the final auction held prior to such June 
1; plus 
"(B) 2.3 percent, 
except that such rate shall not exceed 8.25 percent. 
"(2) IN SCHOOL AND GRACE PERIOD RULES.—^Notwithstand-
ing subsection (h), with respect to any loan under this part 
(other than a loan made pursuant to section 428B or 428C) 
for which the first disbursement is made on or after July 
1, 1998, and before October 1, 1998, the applicable rate of 
interest for interest which accrues— 
"(A) prior to the beginning of the repayment period 
oftheloan;or 
"(B) during the period in which principal need not 
be paid (whether or not such principal is in fact paid) 
by reason of a provision described in section 428(b)(lXM) 
or427(a)(2XC), 
shall be determined under paragraph (1) by substituting *1.7 
percent' for *2.3 percent'. 
"(3) PLUS LOANS.—^Notwithstanding subsection (h), with 
respect to any loan under section 428B for which the first 
disbursement is made on or after July 1, 1998, and before 
October 1, 1998, the applicable rate of interest shall, during 
any 12-month period beginning on July 1 and ending on June 
30, be determined on the preceding June 1 and be equal to 
the lesser of— 
"(A)(i) the bond equivsdent rate of 91-day Treasury 
bills auctioned at the final auction held prior to such June 
1; plus 
"(ii) 3.1 percent; or 
"(B) 9.0 percent. 
Federal Register, 
"(4) CONSULTATION.^The Secretary shall determine the 
publication. 
applicable rate of interest under this subsection after consulta-
tion with the Secretary of the Treasury and shall publish such 
;: rag 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 497 
rate in the Federal Register as soon as practicable after the 
date of determination.". 
(2) CONFORMING AMENDMENT.—Section 428B(d)(4) (20 
U.S.C. 1078-2(d)(4)) is amended by striking "section 427A(cr 
and inserting "section 427A for loans made under this section", 
(b) SPECIAL ALLOWANCES.— 
(1) AMENDMENT.—Section 438(b)(2) of the Higher Education 
Act of 1965 (20 U.S.C. 1087-l(b)(2)) is amended by adding 
at the end the following new subparagraph: 
"(G) LOANS DISBURSED BETWEEN JULY i, i998, AND OCTOBER 
1, 1998.— 
"(i) IN GENERAL.—Subject to paragraph (4) and clauses 
(ii), (iii), and (iv) of this subparagraph, and except as pro-
vided in subparagraph (B), the special allowance psdd 
pursuant to this subsection on loans for which the first 
disbursement is made on or after July 1, 1998, and before 
October 1, 1998, shall be computed— 
"(I) by determining the average of the bond equiva-
lent rates of 91-day Treasury bills auctioned for such 
3-month period; 
"(II) by subtracting the applicable interest rates 
on such loans from such average bond equivalent rate; 
"(III) by adding 2.8 percent to the resultant per-
cent; and 
"(IV) by dividing the resultant percent by 4. 
"(ii) IN SCHOOL AND GRACE PERIOD.—^In the case of 
any loan for which the first disbursement is made on 
or after July 1, 1998, and before October 1, 1998, and 
for which the applicable rate of interest is described in 
section 427A(j)(2), clause (iXIII) of this subparagraph shall 
be applied by substituting *2.2 percent' for '2.8 percent', 
"(iii) PLUS LOANS.—In the case of any loan for which 
the first disbursement is made on or after July 1, 1998, 
and before October 1, 1998, and for which the applicable 
rate of interest is described in section 427A(j)(3), clause 
(i)(III) of this subparagraph shall be applied by substituting 
*3.1 percent' for *2.8 percent', subject to clause (v) of this 
subparagraph. 
"(iv) CONSOLIDATION LOANS.—^This subparagraph shall 
not apply in the case of any consolidation loan. 
"(v) LIMITATION ON SPECIAL ALLOWANCES FOR PLUS 
LOANS.—In the case of PLUS loans made under section 
428B and disbursed on or after July 1, 1998, and before 
October 1, 1998, for which the interest rate is determined 
under 427A(jX3), a special allowance shall not be paid 
for such loan for such unless the rate determined under 
subparagraph (A) of such section (without regard to 
subparagraph (B) of such section) exceeds 9.0 percent.". 
(2) CONFORMING AMENDMENTS.—Section 438(b)(2) of such 
Act is further amended— 
(A) in subparagraph (A), by striking "(E), and (F)" 
and inserting "(E), (F), and (G)"; 
(B) in subparagraph (BXiv), by striking "(E), or (F)" 
and inserting "(E), (F), or (G)"; and 
(C) in subparagraph (CXii), by striking "In the case" 
and inserting "Subject to subparagraph (G), in the case". 
112 STAT. 498 
PUBLIC LAW 105-178-^JUNE 9, 1998 
(c) DIRECT LOAN INTEREST RATES.—-Section 455(b) (20 U.S.C. 
1087e(b)) is amended— 
(1) by redesignating paragraph (5) as paragraph (6); and 
(2) by inserting after paragraph (4) the following new 
paragraph: 
"(5) TEMPORARY INTEREST RATE PROVISION.— 
"(A) RATES FOR FDSL AND FDUSL.—Notwithstanding the 
preceding paragraphs of this subsection, for Federal Direct 
Stafford Loans and Federal Direct Unsubsidized Stafford 
Loans for which the first disbursement is made on or 
after July 1, 1998, and before October 1, 1998, the 
applicable rate of interest shall, during any 12-month 
period beginning on July 1 and ending on June 30, be 
determined on the preceding June 1 and be equal to— 
"(i) the bond equivalent rate of 91-day Treasury 
bills auctioned at the final auction held prior to such 
June 1; plus 
"(ii) 2.3 percent, 
except that such rate shall not exceed 8.25 percent. 
"(B) IN SCHOOL AND GRACE PERIOD RULES.—^Notwith-
standing the preceding paragraphs of this subsection, with 
respect to any FedergJ Direct Stafford Loan or Federal 
Direct Unsubsidized Stafford Loan for which the first 
disbursement is made on or after July 1, 1998, and before 
October 1, 1998, the applicable rate of interest for interest 
which accrues— 
"(i) prior to the beginning of the repayment period 
oftheloan;or 
"(ii) during the period in which principal need 
not be paid (whether or not such principal is in fact 
paid) by reason of a provision described in section 
428(b)(l)(M) or 427(a)(2)(C), 
shall be determined under subparagraph (A) by substitut-
ing '1.7 percent' for *2.3 percent'. 
"(C) PLUS LOANS.—^Notwithstanding the preceding 
paragraphs of this subsection, with respect to Federal 
Direct PLUS Loan for which the first disbursement is 
made on or after July 1, 1998, and before October 1, 1998, 
the applicable rate of interest shall be determined under 
subparagraph (A)— 
"(i) by substituting '3.1 percent' for *2.3 percent'; 
and 
"(ii) by substituting '9.0 percent' for '8.25 percent'.". 
Subtitle D—^Block Grants for Social 
Services 
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES. 
(a) REDUCTION OF GRANTS.—Section 2003(c) of the Social Secu-
rity Act (42 U.S.C. 1397b(c)) is amended by striking paragraphs 
(7) and (8) and inserting the following: 
"(7) $2,380,000,000 for the fiscal year 1997; 
"(8) $2,380,000,000 for the fiscal year 1998; 
"(9) $2,380,000,000 for the fiscal year 1999; 
"(10) $2,380,000,000 for the fiscal year 2000; and 
'»:-%s=* ' 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 499 
"(11) $1,700,000,000 for the fiscal year 2001 and each fiscal 
year thereafter.". 
(b) LIMITATION ON AMOUNT OF T A N F FUNDS TRANSFERABLE.— 
Section 404(d)(2) of the Social Security Act (42 U.S.C. 604(d)(2)) 
is amended to read as follows: 
"(2) LIMITATION ON AMOUNT TRANSFERABLE TO TITLE XX 
PROGRAMS.— 
"(A) IN GENERAL.—^A State may use not more than 
the applicable percent of the amount of any grant made 
to the State under section 403(a) for a fiscal year to carry 
out State programs pursuant to title XX. 
"(B) APPLICABLE PERCENT.—^For purposes of subpara-
graph (A), the applicable percent is 4.25 percent in the 
case of fiscal year 2001 and each succeeding fiscal year.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
42 USC 604 note, 
take effect on October 1,1998. 
Surface 
TITLE IX—AMENDMENTS OF INTERNAL 
REVENUE CODE OF 1986 
S t S S S 
1998. 
SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE. 
(a) SHORT TITLE.—^This title may be cited as the "Surface 
26 use i note. 
Transportation Revenue Act of 1998". 
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of the Internal Revenue Code of 
1986. 
SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST 
FUND. 
(a) EXTENSION OF TAXES.— 
(1) IN GENERAL.—^The following provisions are each amend-
ed by striking "1999" each place it appears and inserting "2005": 
(A) Section 4041(a)(l)(C)(iiiXI) (relating to rate of tax 
on certain buses). 
(B) Section 4041(a)(2)(B) (relating to rate of tax on 
special motor fuels), as amended by section 907(a)(1) of 
the Taxpayer Relief Act of 1997. 
(C) Section 4041(m)(l)(A) (relating to certain gilcohol 
fuels), as amended by section 907(b) of the Taxpayer Relief 
Act of 1997. 
(D) Section 4051(c) (relating to termination of tax on 
heavy trucks and trailers). 
(E) Section 4071(d) (relating to termination of tax on 
tires). 
(F) Section 4081(d)(1) (relating to termination of tax 
on gasoline, diesel fuel, and kerosene). 
(G) Section 4481(e) (relating to period tax in effect). 
(H) Section 4482(c)(4) (relating to taxable period). 
(I) Section 4482(d) (relating to special rule for taxable 
period in which termination date occurs). 
(2) OTHER PROVISIONS.— 
(A) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) (relat-
ing to floor stocks refunds) is amended— 
112 STAT. 500 
PUBLIC LAW 105-178—JUNE 9, 1998 
(i) by striking "1999" each place it appears and 
inserting "2005", and 
(ii) by striking "2000" each place it appears and 
inserting "2006". 
(B) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.— 
Section 6156(e)(2) (relating to installment pa3nnents of 
highway use tax on use of highway motor vehicles) is 
amended by striking "1999" and inserting "2005". 
(b) EXTENSION OF CERTAIN EXEMPTIONS.—^The following provi-
sions are each amended by striking "1999" and inserting "2005": 
(1) Section 4221(a) (relating to certain tax-free sales). 
(2) Section 4483(g) (relating to termination of exemptions 
for highway use tax). 
(c) EXTENSION OF DEPOSITS INTO, AND CERTAIN TRANSFERS 
FROM, TRUST FUND.— 
(1) IN GENERAL.—Subsection (b), and paragraphs (2) and 
(3) of subsection (c), of section 9503 (relating to the Highway 
Trust Fund) are each amended— 
(A) by striking "1999" each place it appears and insert-
ing "2005", and 
(B) by striking "2000" each place it appears and insert-
ing "2006". 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.— 
(A) IN GENERAL.—Paragraphs (4)(A)(i) and (5)(A) of 
section 9503(c) are each amended by striking "1998" and 
inserting "2005". 
(B) CONFORMING AMENDMENTS TO LAND AND WATER 
CONSERVATION FUND.—Section 201(b) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
11(b)) is amended— 
(i) by striking "1997" and inserting "2003", and 
(ii) by striking "1998" each place it appears and 
inserting "2004". 
(3) CONFORMING AMENDMENT.—^The heading for paragraph 
(3) of section 9503(c) is amended to read as follows: 
"(3) FLOOR STOCKS REFUNDS.—". 
(d) EXTENSION AND EXPANSION OF EXPENDITURES FROM TRUST 
FUND.— 
(1) HIGHWAY ACCOUNT.— 
(A) EXTENSION OF EXPENDITURE AUTHORITY.—^Para-
graph (1) of section 9503(c) is amended by striking "1998" 
and inserting "2003". 
(B) EXPANSION OF PURPOSES.—^Paragraph (1) of section 
9503(c) is amended— 
(i) by striking "or" at the end of subparagraph 
(C), and 
(ii) by striking "1991." in subparagraph (D) and 
all that follows through the end of paragraph (1) and 
inserting "1991, or 
"(E) authorized to be paid out of the Highway Trust 
Fund under the Transportation Equity Act for the 21st 
Century. 
In determining the authorizations under the Acts referred to 
in the preceding subparagraphs, such Acts shall be applied 
as in effect on the date of enactment of the Tremsportation 
Equity Act for the 21st Century.". 
(2) MASS TRANSIT ACCOUNT.— 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 501 
(A) 
EXTENSION 
OF 
EXPENDITURE 
AUTHORITY.— 
Paragraph (3) of section 9503(e) is amended by striking 
"1998" and inserting "2003". 
(B) EXPANSION OF PURPOSES.—^Paragraph (3) of section 
9503(e) is amended— 
(i) by striking "or" at the end of subparagraph 
(A), 
(ii) by adding "or" at the end of subparagraph 
(B), and 
(iii) by striking all that follows subparagraph (B) 
and inserting: 
"(C) the Transportation Equity Act for the 21st 
Century, 
as such section and Acts are in effect on the date of enactment 
of the Transportation Equity Act for the 21st Century.", 
(e) TECHNICAL CORRECTION RELATING TO TRANSFERS TO MASS 
TRANSIT ACCOUNT.— 
(1) IN GENERAL.—Section 9503(e)(2) is amended by striking 
the last sentence and inserting the following: "For purposes 
of the preceding sentence, the term 'mass transit portion' 
means, for any fuel with respect to which tax was imposed 
under section 4041 or 4081 and otherwise deposited into the 
Highway Trust Fund, the amount determined at the rate of— 
"(A) except as otherwise provided in this sentence, 
2.86 cents per gallon, 
"(B) 1.43 cents per gallon in the case of any partially 
exempt methanol or ethanol fuel (as defined in section 
404 Km)) none of the alcohol in which consists of ethanol, 
"(C) 1.86 cents per gallon in the case of liquefied natu-
ral gas, 
"(D) 2.13 cents per gallon in the case of liquefied petro-
leum gas, and 
"(E) 9.71 cents per MCF (determined at standard 
temperature and pressure) in the case of compressed natu-
ral gas.". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
26 use 9503 
(1) shall take effect as if included in the amendment made "ote. 
by section 901(b) of the Taxpayer Relief Act of 1997. 
(0 CLERICAL AMENDMENTS.— 
(1) Paragraph (1) of section 9503(b) is amended by striking 
subparagraph (C), by striking "and tread rubber" in subpara-
graph (D), and by redesignating subparagraphs (D), (E), and 
(F) as subparagraphs (C), (D), and (E), respectively. 
(2) Clause (i) of section 9503(c)(2)(A) is amended by adding 
"and" at the end of subclause (II), by striking subclause (III), 
and by redesignating subclause (IV) as subclause (III). 
(3) Clause (ii) of section 9503(c)(2)(A) is amended by strik-
ing "gasoline, special fuels, and lubricating oil" each place it 
appears and inserting "fuel". 
SEC. 9003. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR 
ALCOHOL FUELS. 
(a) EXTENSION OF TAX BENEFITS.— 
(1) EXTENSION.—^The following provisions are each amend-
ed by striking "2000" each place it appears and inserting "2007": 
(A) Section 4041(b)(2)(C) (relating to termination of 
reduction in tax for qualified methanol and ethanol fuel). 
112 STAT. 502 
PUBLIC LAW 105-178—JUNE 9, 1998 
(B) Section 4041(k)(3) (relating to termination of rates 
relating to fuels containing alcohol). 
(C) Section 4081(c)(8) (relating to termination of special 
rate for taxable fuels mixed with alcohol). 
(D) Section 4091(c)(5) (relating to termination of 
reduced rate of tax for aviation fuel in alcohol mixture, 
etc.). 
(2) EXTENSION OF REFUND AUTHORITY.—Paragraph (4) of 
section 6427(f) (relating to refund for gasoline, diesel fuel, and 
aviation fuel used to produce certain alcohol fuels), as amended 
by the Taxpayer Relief Act of 1997, is amended by striking 
"1999" and inserting "2007". 
(3) CREDIT FOR ALCOHOL USED AS A FUEL.—^Paragraph (1) 
of section 40(e) (relating to termination of credit for alcohol 
used as a fuel) is amended— 
(A) by striking "December 31, 2000" in subparagraph 
(A) and inserting "December 31, 2007", and 
(B) by striking "January 1, 2001" and inserting "Janu-
ary 1, 2008". 
(4) 
TARIFF 
SCHEDULE.—Headings 
9901.00.50 
and 
9901.00.52 of the Harmonized Tariff Schedule of the United 
States (19 U.S.C. 3007) are each amended in the effective 
period column by striking "10/1^2000" each place it appears 
and inserting "10/^2007". 
(b) MODIFICATION.— 
(1) IN GENERAL.—Subsection (h) of section 40 (relating to 
alcohol used as fuel) is amended to read as follows: 
"(h) REDUCED CREDIT FOR ETHANOL BLENDERS.— 
"(1) IN GENERAL.—In the case of any alcohol mixture credit 
or alcohol credit with respect to any sale or use of alcohol 
which is ethanol during calendar years 2001 through 2007— 
"(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied 
by substituting 'the blender amount' for *60 cents', 
"(B) subsection (b)(3) shall be applied by substituting 
'the low-proof blender amount' for '45 cents' and 'the 
blender amount' for '60 cents', and 
"(C) subparagraphs (A) and (B) of subsection (d)(3) 
shall be applied by substituting 'the blender amount' for 
'60 cents' and 'the low-proof blender amount' for '45 cents'. 
"(2) AMOUNTS.—^For purposes of paragraph (1), the blender 
amount and the low-proof blender amount shall be determined 
in accordance with the following table: 
In the case of any sale or use 
The blender amount 
The low-proof blender 
during calendar year; 
is: 
amount is; 
2001 or 2002 
53 cents 
39.26 cents 
2003 or 2004 
52 cents 
38.52 cents 
2005, 2006, or 2007 
51 cents 
37.78 cents.". 
(2) CONFORMING AMENDMENTS.— 
(A) Section 4041(b)(2) is amended— 
(i) in subparagraph (A)(i), by striking "5.4 cents" 
and inserting the applicable blender rate", and 
(ii) by redesignating subparagraph (C), as amended 
by subsection (a)(1)(A), as subparagraph (D) and by 
inserting after subparagraph (B) the following: 
"(C) 
APPLICABLE 
BLENDER RATE.—For purposes of 
subparagraph (AXi), the applicable blender rate is— 
PUBLIC LAW 105-17&-JUNE 9, 1998 
112 STAT. 503 
"(i) except as provided in clause (ii), 5.4 cents, 
and 
"(ii) for sales or uses during calendar years 2001 
through 2007, Vio of the blender amount applicable 
under section 40(h)(2) for the calendar year in which 
the sale or use occurs.". 
(B) Subparagraph (A) of section 4081(c)(4) is amended 
to read as follows: 
"(A) GENERAL RULES.— 
"(i) MIXTURES CONTAINING ETHANOL.—^Except as 
provided in clause (ii), in the case of a qualified alcohol 
mixture which conteiins gasoline, the alcohol mixture 
rate is the excess of the rate which would (but for 
this paragraph) be determined under subsection (a) 
over— 
"(I) in the case of 10 percent gasohol, the 
applicable blender rate (as defined in section 
4041(b)(2)(C)) per gallon, 
"(II) in the case of 7.7 percent gasohol, the 
number of cents per gallon equal to 77 percent 
of such applicable blender rate, and 
"(III) in the case of 5.7 percent gasohol, the 
number of cents per gallon equEil to 57 percent 
of such applicable blender rate, 
"(ii) MIXTURES NOT CONTAINING ETHANOL.—^In the 
case of a qualified alcohol mixture which contains gaso-
line and none of the alcohol in which consists of etha-
nol, the alcohol mixture rate is the excess of the rate 
which would (but for this paragraph) be determined 
under subsection (a) over— 
"(I) in the case of 10 percent gasohol, 6 cents 
per gallon, 
"(II) in the case of 7.7 percent gasohol, 4.62 
cents per gallon, and 
"(III) in the case of 5.7 percent gasohol, 3.42 
cents per gallon.". 
(C) Section 4081(c)(5) is amended by striking "5.4 
cents" and inserting "the applicable blender rate (as defined 
in section 4041(b)(2)(C))". 
(D) Section 4091(cXl) is amended by striking "13.4 
cents" each place it appears and inserting "the applicable 
blender amount" and by adding at the end the following: 
"For purposes of this paragraph, the term 'applicable 
blender amount' means 13.3 cents in the case of any sale 
or use during 2001 or 2002, 13.2 cents in the case of 
any sale or use during 2003 or 2004, 13.1 cents in the 
case of any sale or use during 2005, 2006, or 2007, and 
13.4 cents in the case of any sale or use during 2008 
or thereafter.". 
(3) EFFECTIVE DATE.—^The amendments made by this sub- 26 use 40 note, 
section shall take effect on January 1, 2001. 
SEC. 9004. MODIFICATIONS TO HltHIWAY TRUST FUND. 
(a) DETERMINATION OF TRUST FUND BALANCES AFTER SEPTEM-
BER 30,1998.— 
112 STAT. 504 
PUBLIC LAW 105-178—JUNE 9, 1998 
(1) IN GENERAL.—Section 9503 (relating to Highway Trust 
Fund) is amended by adding at the end the following new 
subsection: 
"(f) DETERMINATION OF TRUST FUND BALANCES AFTER SEPTEM-
BER 30, 1998,—^For purposes of determining the balances of the 
Highway Trust Fund and the Mass Transit Account after September 
30, 1998— 
"(1) the opening balance of the Highway Trust Fund (other 
than the Mass Transit Account) on October 1, 1998, shall 
be $8,000,000,000, and 
"(2) no interest accruing after September 30, 1998, on any 
obligation held by such Fund shall be credited to such Fund. 
The Secretary shall cancel obligations held by the Highway Trust 
Fund to reflect the reduction in the balance under this subsection.". 
26 use 9503 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
note. 
(1) shall take effect on October 1, 1998. 
(b) REPEAL OF LIMITATION ON EXPENDITURES ADDED BY TAX-
PAYER RELIEF ACT OF 1997.— 
(1) IN GENERAL.—Subsection (c) of section 9503 (relating 
to expenditures from Highway Trust Fund) is amended by 
striking paragraph (7). 
26 use 9503 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
"ote- 
(1) shall take effect as if included in the amendments made 
by section 901 of the Taxpayer Relief Act of 1997. 
(c) LIMITATION ON EXPENDITURE AUTHORITY.—Subsection (b) 
of section 9503 (relating to transfers to Highway Trust Fund) is 
amended by adding at the end the following new paragraph: 
"(6) LIMITATION ON TRANSFERS TO HIGHWAY TRUST FUND.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), no amount may be appropriated to the Highway Trust 
Fund on and after the date of any expenditure from the 
Highway Trust Fund which is not permitted by this section. 
The determination of whether an expenditure is so per-
mitted shall be made without regard to— 
"(i) any provision of law which is not contained 
or referenced in this title or in a revenue Act, and 
"(ii) whether such provision of law is a subse-
quently enacted provision or directly or indirectly seeks 
to waive the application of this paragraph. 
"(B) 
EXCEPTION FOR PRIOR OBLIGATIONS.—Subpara-
graph (A) shall not apply to any expenditure to liquidate 
any contract entered into (or for any amount otherwise 
obligated) before October 1, 2003, in accordance with the 
provisions of this section.". 
(d) 
MODIFICATION OF MASS TRANSIT ACCOUNT RULES ON 
ADJUSTMENTS OF APPORTIONMENTS.—^Paragraph (4) of section 
9503(e) is amended to read as follows: 
"(4) LIMITATION.—Rules similar to the rules of subsection 
(d) shall apply to the Mass Transit Account.". 
SEC. 9005. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST 
FUND. 
(a) INCREASED TRANSFERS.— 
(1) Subparagraph (D) of section 9503(b)(4), as amended 
by section 9011, is amended by striking "exceeds 11.5 cents 
per gallon," and inserting "exceeds— 
PUBLIC LAW 105-178-JUNE 9, 1998 
112 STAT. 505 
"(i) 11.5 cents per gallon with respect to taxes 
imposed before October 1, 2001, 
"(ii) 13 cents per gallon with respect to taxes 
imposed after September 30, 2001, and before October 
1,2003, and 
"(iii) 13.5 cents per gallon with respect to taxes 
imposed after September 30, 2003, and before October 
1, 2005,". 
(2) Clause (ii) of section 9503(c)(4)(A) is amended by adding 
at the end the following new flush sentence: 
"In making the determination under subclause (II) for 
Euiy fiscal year, the Secretary shall not take into 
account any amount appropriated from the Boat Safety 
Account in any preceding fiscal year but not distrib-
uted.". 
(b) EXPANSION OF EXPENDITURE AUTHORITY FROM BOAT SAFETY 
ACCOUNT.—Section 9504(b)(2) (relating to expenditures from Sport 
Fish Restoration Account) is amended— 
(1) in subparagraph (A) by striking "October 1, 1988), and" 
and inserting "the date of the enactment of the Transportation 
Equity Act for the 21st Century),", 
(2) in subparagraph (B) by striking "November 29, 1990" 
and inserting "the date of the enactment of the Transportation 
Equity Act for the 21st Century", and 
(3) by redesignating subparagraph (B) as subparagraph 
(C) and by inserting after subparagraph (A) the following new 
subparagraph: 
"(B) to carry out the purposes of section 7404(d) of 
the Transportation Equity Act for the 21st Century (as 
in effect on the date of the enactment of such Act), and". 
(c) EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY 
FROM BOAT SAFETY ACCOUNT.—Section 9504(c) (relating to expendi-
tures from Boat Safety Account) is amended— 
(1) by striking "1998" and inserting "2003", and 
(2) by striking "October 1, 1988" and inserting "the date 
of enactment of the Transportation Equity Act for the 21st 
Century". 
(d) LIMITATION ON EXPENDITURE AUTHORITY.—Section 9504 
(relating to Aquatic Resources Trust Fund) is amended by 
redesignating subsection (d) as subsection (e) and by inserting sifter 
subsection (c) the following: 
"(d) LIMITATION ON TRANSFERS TO AQUATIC RESOURCES TRUST 
FUND.— 
"(1) IN GENERAL.—^Except as provided in paragraph (2), 
no amount may be appropriated or paid to any Account in 
the Aquatic Resources Trust Fund on and after the date of 
any expenditure from any such Account which is not permitted 
by this section. The determination of whether an expenditure 
is so permitted shall be made without regard to— 
"(A) any provision of law which is not contained or 
referenced in this title or in a revenue Act, and 
"(B) whether such provision of law is a subsequently 
enacted provision or directly or indirectly seeks to waive 
the application of this subsection. 
"(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1) 
shall not apply to any expenditure to liquidate any contract 
entered into (or for any amount otherwise obligated) before 
112 STAT. 506 
PUBLIC LAW 105-178—JUNE 9, 1998 
October 1, 2003, in accordance with the provisions of this 
section,". 
26 use 9503 
(e) EFFECTIVE DATE.—The amendments made by this section 
^°^- 
shall take effect on the date of enactment of this Act. 
SEC. 9006. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL. 
(a) IN GENERAL.—Section 4041(a)(lXC)(ii) (relating to rate of 
tax on trains) is amended— 
(1) in subclause (II), by striking "October 1, 1999" and 
inserting "November 1,1998", and 
(2) in subclause (III), by striking "September 30, 1999" 
and inserting "October 31,1998". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 6421(f)(3)(B) is amended— 
(A) in clause (ii), by striking "October 1, 1999" and 
inserting "November 1,1998", and 
(B) in clause (iii), by striking "September 30, 1999" 
and inserting "October 31,1998". 
(2) Section 6427(1)(3)(B) is amended— 
(A) in clause (ii), by striking "October 1, 1999" and 
inserting "November 1, 1998", and 
(B) in clause (iii), by striking "September 30, 1999" 
and inserting "October 31,1998". 
SEC. 9007. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NON-
AMTRAK STATES. 
(a) IN GENERAL.—Section 977(e)(1)(B) of the Taxpayer Relief 
26 use 172 note. Act of 1997 (defining qualified expenses) is amended— 
(1) by striking "and" at the end of clause (iii), and 
(2) by striking clause (iv) and inserting the following: 
"(iv) capital expenditures related to State-owned 
rail operations in the State, 
"(v) any project that is eligible to receive funding 
under section 5309, 5310, or 5311 of title 49, United 
States Code, 
"(vi) any project that is eligible to receive funding 
under section 103, 130, 133, 144, 149, or 152 of title 
23, United States Code, 
"(vii) the upgrading and maintenance of intercity 
primary and rural air service facilities, and the pur-
chase of intercity air service between primary and 
rural airports and regional hubs, 
"(viii) the provision of passenger ferryboat service 
within the State, 
"(ix) the provision of harbor improvements within 
the State, and 
"(x) the pajnnent of interest and principal on 
obligations incurred for such acquisition, upgrading, 
maintenance, purchase, expenditures, provision, and 
projects.". 
26 use 172 note. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if included in the enactment of section 977 
of the Taxpayer Rehef Act of 1997. 
SEC. 9008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR 
APPROVED DIESEL OR KEROSENE TERMINALS. 
Subsection (f) of section 1032 of the Taxpayer Relief Act of 
26 use 4041 
1997 is amended to read as follows: 
note. 
PUBLIC LAW 105-178--JUNE 9, 1998 
112 STAT. 507 
"(f) EFFECTIVE DATES.— 
"(1) Except as provided in paragraph (2), the amendments 
made by this section shall take effect on July 1,1998. 
"(2) The amendment made by subsection (d) shall take 
effect on July 1, 2000.". 
SEC. 9009. SIMPLIFIED FUEL TAX REFUND PROCEDURES. 
(a) IN GENERAL.—Subparagraph (A) of section 6427(i)(2) is 
amended to read as follows: 
"(A) IN GENERAL.—^If, at the close of any quarter of 
the taxable year of any person, at least $750 is payable 
in the aggregate under subsections (a), (b), (d), (h), (1), 
and (q) of this section and section 6421 to such person 
with respect to fuel used during— 
"(i) such quarter, or 
"(ii) any prior quarter (for which no other claim 
has been filed) during such taxable year, 
a claim may be filed under this section with respect to 
such fuel.". 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (i) of section 6427 is amended by striking 
paragraph (4) and by redesignating paragraph (5) as paragraph 
(4). 
(2) Paragraph (2) of section 6427(k) is amended to read 
as follows: 
"(2) EXCEPTION.—Paragraph (1) shall not apply to a pay-
ment of a claim filed under paragraph (2), (3), or (4) of sub-
section (i).". 
(3) Paragraph (2) of section 6421(d) is amended to read 
as follows: 
"(2) EXCEPTION.— 
"For payments per quarter based on aggregate amounts payable 
under this section and section 6427, see section 6427(i)(2).''. 
(c) EFFECTIVE DATE.—^The amendments made by this section 26USC6421 
shall take effect on October 1,1998. 
note. 
SEC. 9010. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN 
LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION 
FRINGE BENEFITS. 
(a) No CONSTRUCTIVE RECEIPT.— 
(1) IN GENERAL.—Paragraph (4) of section 132(f) (relating 
to qualified transportation fringe) is amended to read as follows: 
"(4) No CONSTRUCTIVE RECEIPT.—^No amount shall be 
included in the gross income of an employee solely because 
the employee may choose between any qualified transportation 
fringe and compensation which would otherwise be includible 
in gross income of such employee.". 
(2) EFFECTIVE DATE.—^The gimendment made by this sub- 26 use 132 note, 
section shall apply to taxable years beginning after December 
31,1997. 
(b) INFLATION ADJUSTMENT ONLY AFTER 1999.— 
(1) IN GENERAL.—Paragraph (6) of section 132(f) (relating 
to qualified transportation fringe) is amended to read as follows: 
"(6) INFLATION ADJUSTMENT.— 
"(A) IN GENERAL.—In the case of any taxable year 
beginning in a calendar year after 1999, the dollar amounts 
112 STAT. 508 
PUBLIC LAW 105-178-^JUNE 9, 1998 
contained in subparagraphs (A) and (B) of paragraph (2) 
shall be increased by an amount equal to— 
"(i) such dollar amount, multiplied by 
"(ii) the cost-of-living adjustment 
determined 
under section 1(f)(3) for the calendar year in which 
the taxable year begins, by substituting 'calendar year 
1998' for 'calendar year 1992'. 
"(B) ROUNDING.—^If any increase determined under 
subparagraph (A) is not a multiple of $5, such increase 
shall be rounded to the next lowest multiple of $5.". 
(2) 
CONFORMING 
AMENDMENTS.—Section 
132(f)(2) 
is 
amended— 
(A) by striking "$60" in subparagraph (A) and inserting 
"$65", and 
(B) by striking "$155" in subparagraph (B) and 
inserting "$175". 
26 use 132 note. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to taxable years beginning after December 
31,1998. 
(c) INCREASE IN MAXIMUM EXCLUSION FOR EMPLOYER-PROVIDED 
TRANSIT PASSES.— 
(1) IN GENERAL.—Subparagraph (A) of section 132(f)(2) 
(relating to limitation on exclusion) is amended by striking 
"$65" and inserting "$100". 
(2) 
NEW BASE PERIOD FOR INFLATION ADJUSTMENT.— 
Subparagraph (A) of section 132(f)(6) is amended by adding 
at the end the following flush sentence: 
"In the case of any taxable year beginning in a calendar 
year after 2002, clause (ii) shall be applied by substituting 
'calendar year 2001' for 'calendar year 1998' for purposes 
of adjusting the dollar amount contained in paragraph 
(2)(A).". 
26 use 132 note. 
(3) EFFECTIVE DATE.—^The amendments made by this sub-
section shall apply to taxable years beginning after December 
31, 2001. 
SEC. 9011. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND. 
(a) IN GENERAL.—Section 9511 (relating to National Rec-
reationsd Trails Trust Fund) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 9503(c) is amended by striking paragraph (6). 
(2) Subparagraph (D) of section 9503(bX4) is amended to 
read as follows: 
"(D) in the case of gasoline and special motor fuels 
used as described in paragraph (4)(D) or (5)(B) of subsection 
(c), section 4041 or 4081 with respect to so much of the 
rate of tax as exceeds 11.5 cents per gallon,". 
(3) The table of sections for subchapter A of chapter 98 
is amended by striking the item relating to section 9511. 
PUBLIC LAW 105-178-^JUNE 9, 1998 
112 STAT. 509 
SEC. 9012. roENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO 
LINE ITEM VETO. 
For purposes of part C of title X of the Congressional Budget 
and Impoundment Control Act of 1974 (relating to line item veto), 
the Joint Committee on Taxation has determined that this title 
does not contain any limited tax benefit (as defined in such part). 
Approved June 9,1998. 
LEGISLATIVE HISTORY—H.R. 2400 (S. 1173): 
HOUSE REPORTS: Nos. 105-467, Pts. 1 and 2 (Comm. on Transportation and In-
frastructure) and Pt. 3 (Comm. on Ways and Means), and 105-
550 (Comm. of Conference). 
SENATE REPORTS: No. 105-95 accompanying S. 1173 (Comm. on Environment 
and Public Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Apr. 1, considered and passed House. 
Apr. 2, considered and passed Senate, amended, in Ueu of S. 1173. 
May 22, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
June 9, Presidential remarks and statement.