[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Enrolled Bill (ENR)]
H.R.2400
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Transportation
Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec.1.Short title; table of contents.
Sec.2.Definitions.
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.
Sec.1215.Designated transportation enhancement activities.
Sec.1216.Innovative surface transportation financing methods.
Sec.1217.Eligibility.
Sec.1218.Magnetic levitation transportation technology deployment
program.
Sec.1219.National scenic byways program.
Sec.1220.Elimination of regional office 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.
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.
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 individuals 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.
Sec.3021.Pilot program for intercity rail infrastructure investment from
mass transit account of highway trust fund.
Sec.3022.Contract requirements.
Sec.3023.Special procurements.
Sec.3024.Project management oversight and review.
Sec.3025.Administrative procedures.
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 systems.
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.
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 of 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.
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.
Sec.5104.Training and education.
Sec.5105.State planning and research.
Sec.5106.International highway 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
technologies.
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 deployment.
Sec.5210.Use of funds.
Sec.5211.Definitions.
Sec.5212.Project funding.
Sec.5213.Repeal.
Sec.6101.Findings and purpose.
Sec.6102.Particulate matter monitoring program.
Sec.6103.Ozone designation requirements.
Sec.6104.Additional provisions.
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.
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec.8101.Discretionary spending categories.
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 dependency and indemnity compensation upon
termination of that remarriage.
Sec.8208.Extension of prior revision to offset rule for Department of
Defense special 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.
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 kerosene terminals.
Sec.9009.Simplified fuel tax refund procedures.
Sec.9010.Election to receive taxable cash compensation in lieu of
nontaxable qualified transportation fringe benefits.
Sec.9011.Repeal of National Recreational Trails Trust Fund.
Sec.9012.Identification of limited tax benefits subject to line item
veto.

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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.
Subtitle A--Authorizations and Programs

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TITLE IX

-AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

(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 Interstate
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.
(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 section 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 program.--For the
Appalachian development highway system program under section 201 of
the Appalachian Regional Development 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 reservation 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 highways 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
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.--
(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 disadvantaged individuals.
(2) Definitions.--In this subsection, the following definitions
apply:
(A) Small business concern.--The term ``small business
concern'' has the meaning such term has under section 3 of the
Small Business Act (15 U.S.C. 632); except that such term shall
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged 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 disadvantaged
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 promulgated pursuant thereto; except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) Annual listing of disadvantaged business enterprises.--Each
State shall annually survey and compile a list of the small
business concerns referred to in paragraph (1) and the location of
such concerns in the State and notify the Secretary, in writing, of
the percentage of such concerns which are controlled by women, by
socially and economically disadvantaged individuals (other than
women), and by individuals who are women and are otherwise socially
and economically disadvantaged 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 subsection. Such
minimum uniform criteria shall include, but not be limited to on-
site visits, personal interviews, licenses, analysis 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 subsection
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.
(6) Review by comptroller general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General of
the United States shall conduct a review of, and publish and report
to Congress findings and conclusions on, the impact throughout the
United States of administering the requirement of 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 subcontracts
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
disadvantaged 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 V of
this Act, other than small business concerns described in
subparagraph (B)--
(i) the annual gross receipts of the business concerns;
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, certification
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 disadvantaged
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 disadvantaged
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
paragraph (5) by a Federal court that suspends a program
established under paragraph (1); or
(ii) the repeal or suspension of State or local
disadvantaged 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.

bc33b8a2505905db234a28abfb5f3145242da4c664ccbc7a753f9e3450fd82bf

TITLE I

-FEDERAL-AID HIGHWAYS

(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 shall not exceed--
(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.
(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 Assistance
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 subsection
(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 highway use tax evasion program and the
Bureau of Transportation Statistics;
(2) not distribute an amount of obligation authority provided
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 subsection (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 subsection
(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 obligation authority available for
each of such sections is equal to the amount determined by
multiplying the ratio determined 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 obligation authority provided by subsection
(a) less the aggregate amounts not distributed under paragraphs (1)
and (2) and amounts distributed under paragraph (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 programs 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 subsection
(a) less the aggregate amounts not distributed under paragraphs (1)
and (2) and amounts distributed under paragraphs (4) and (5) for
Federal-aid highway and highway safety construction programs (other
than the minimum guarantee program, 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 system 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 programs
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.--Notwithstanding
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 Transportation
Research Programs.--Obligation limitations imposed by subsection (a)
shall apply to transportation research programs carried out under
chapter 3 of title 23, United States Code, and under title VI of this
Act.
(f) 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 determines will not be allocated to
the States, and will not be available for obligation, in such fiscal
year due to the imposition of any 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 distributed 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)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for 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.

50e73ccdd7e6c21e0e8fb6d3de132b8878af2683ca727878ab0c5bd37e960934

81f87943c7597328b8d64e4a031058fc4b84e033d7408abfdfad800b0eca58a7

(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) General Rule.--For each of fiscal years 1998 through 2003,
the Secretary shall allocate among the States amounts sufficient to
ensure that each State's percentage of the total apportionments for
such fiscal year of Interstate maintenance, national highway system,
bridge, congestion mitigation and air quality improvement, 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).
``(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.....................................................
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 program referred to in subsection (a)
(other than metropolitan planning, minimum guarantee, high priority
projects, Appalachian development highway system, and recreational
trails programs) is equal to the amount determined by multiplying
the amount to be apportioned under this paragraph by the ratio
that--
``(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 apportion
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 paragraph.
``(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 Secretary,
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 adjustments
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.''.

91ca56b91f3ba2d1544e19524ddc24a61709a468bb2e58b54f6830a4081b5c27

(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 110 and inserting the following:
``Sec. 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)(1)(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 Transportation 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 apportioned 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.''.
(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.''.

a41a202627819ea8311077b66aadc2df2ee33ee6f5fa7bcfa29de08cba320700

(a) Administration of National Highway System and Interstate
Maintenance Program.--The Secretary shall administer the National
Highway System program and the Interstate Maintenance 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:
``Sec. 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 facilities
depicted on the map submitted by the Secretary to Congress with the
report entitled `Pulling Together: The National Highway System and
its Connections to Major Intermodal Terminals' and dated May 24,
1996. The system shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
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 network
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 Secretary 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.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a major
intermodal terminal, to the National Highway 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 planning
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,
restoration, and rehabilitation of segments of the National
Highway 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-controlled
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 highway
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 sections
134 and 135.
``(F) Highway research and planning in accordance with
chapter 5.
``(G) Highway-related technology transfer activities.
``(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 habitat
and wetland mitigation banks, contributions to statewide and
regional efforts to conserve, restore, enhance, and create
natural habitats and wetland, and development of statewide and
regional natural habitat and wetland conservation 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 concurrent 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 Operation of Mitigation
Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other
applicable Federal law (including regulations).
``(N) Publicly-owned intracity or intercity bus terminals.
``(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).
``(ii) Exception.--Highways on the Interstate System 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
departments 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 standards 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 recommendation of the State
or States in which the highway is located, designate the
highway as a route on the Interstate 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 designation
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.--
``(I) In general.--If the State or States described
in clause (i) have not substantially completed 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 System.
``(iv) Prohibition on referral as interstate system
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 standards 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 paragraph shall
create no additional Federal financial responsibility 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 Interstate 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 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
apportionment to which the funds are transferred.''.
(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 (1)(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
subsections (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 Transportation
Efficiency Act of 1991 (109 Stat. 597) is amended by striking
subparagraph (B) and inserting the following:
``(B) Treatment of segments.--Subject to subparagraph (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.''.
(d) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 2 years after the date of enactment
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 transportation 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 movements of freight
between modes.
(3) Identification of impediments.--If the Secretary determines
on the basis of the review that there are impediments 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.

f6a8740467364c26a01d51c95d34957eb887c56497ba170227809df7119c15b3

(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--
``(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
subsections (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 any State
applying for such funds if the Secretary determines that--
``(A) the State has obligated 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 submitted 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.''.
(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 metropolitan
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.

c44655fab59006e10215a9e480c20fd520c3a1526bd7a8f5c3ef7f332aef49f8

(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 environmentally
acceptable, minimally corrosive anti-icing and de-icing
compositions'';
(2) in paragraph (2) by striking ``and publicly owned intracity
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)--
(A) by striking ``and bicycle'' and inserting ``bicycle'';
and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)'';
(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
``participation 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
``wetlands 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 Operation of Mitigation Banks (60 Fed.
Reg. 58605 (November 28, 1995)) or other applicable Federal law
(including regulations).''; and
(7) by adding at the end the following:
``(13) Infrastructure-based intelligent transportation systems
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 facilities,
which projects shall be carried out when the transportation
facilities are undergoing reconstruction, rehabilitation,
resurfacing, 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--
(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.--
``(i) Required aggregate non-federal share.--The
average annual non-Federal share of the total cost of all
projects to carry out transportation enhancement 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.''.
(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 that--
``(i) certifies that the State will meet all the
requirements of this section; and
``(ii) notifies the Secretary of the amount of
obligations needed to carry out the program under this
section.
``(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--
``(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 construction
programs (excluding sums not subject to an obligation
limitation) during the period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall jointly
ensure compliance with paragraph (1).''.
(f) Division of STP Funds for Areas of Less Than 5,000
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 application of
paragraph (1) if the Secretary determines that paragraph (1) is
being used excessively.
(g) Encouragement of Use of Youth Conservation or Service 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.

01bc21140336fda18d25a5299803eef90bc909661d02c5de46c39cc87dce8f2c

(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 (l).
``(C) Fiscal years 1999 through 2003.--Of the amounts
authorized to be appropriated to carry out the bridge program
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 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 paragraph
(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 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 environmentally
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''.

976f44ca9e1762005e55b981bb228d11001e0544e58462c11a2f665a92bee1a3

(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 (1)(A)(ii) by striking ``an area'' and all
that follows through the semicolon and inserting ``a maintenance
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:
``(5) if the program or project improves traffic flow,
including 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 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 designated under the
Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds
apportioned to the State under section 104(b)(2) for any project
eligible under the surface transportation program under section
133.
``(2) States with a nonattainment area.--If a State has a
nonattainment area or maintenance area and receives funds under
section 104(b)(2)(D) above the amount of funds that the State would
have received based on its nonattainment and maintenance area
population under subparagraphs (B) and (C) of section 104(b)(2),
the State may use that portion of the funds not based on its
nonattainment and 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).
``(4) Alternative fuel projects.--In the case of a project 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
infrastructure, including infrastructure that would support the
development, production, and use of emerging technologies 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
alternative 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 payment 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.''.
(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 hydrocarbon 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 matter, carbon monoxide, or nitrogen oxide
from motor vehicles.
(e) Study of CMAQ Program.--
(1) In general.--The Secretary and the Administrator of the
Environmental Protection Agency shall enter into arrangements 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, including
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, 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.

5a193d9f0331fa5071d5ed59ffbe353149b79c58537e6611d222444914f8ea41

(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 determine 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 subparagraph (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 available 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
serve the public purpose of interstate commerce. Such public,
quasi-public, or private agencies shall have built, improved, or
maintained such facilities without Federal funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
State funds required to match Federal funds for any program
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 transportation 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
liability, additional regulation, or additional
administrative oversight; and
``(ii) shall not subject the agency to any additional
Federal design standards or laws (including regulations) 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.''.
(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''.

fd876db56d8cdae7b5d93d1267f574430c01c5871c2ae40d5a89c50fdb26d8da

(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Motorized recreation.--The term `motorized recreation'
means off-road recreation using any motor-powered vehicle, except
for a motorized wheelchair.
``(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 skiing;
``(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 nonmotorized
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. 460l-4 et seq.), that is in effect.
``(2) Permissible uses.--Permissible uses of funds apportioned
to a State for a fiscal year to carry out this section include--
``(A) maintenance and restoration of existing recreational
trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational
trails;
``(C) purchase and lease of recreational trail construction
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
comprehensive outdoor recreation plan that is required by
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.) and that is in effect;
``(iii) approved by the administering agency of the
State designated under subsection (c)(1); and
``(iv) approved by each Federal agency having
jurisdiction over the affected lands under such terms and
conditions as the head of the Federal agency determines 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
corridors;
``(F) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment 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 subparagraphs (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 percent shall be used for uses relating to
motorized recreation; and
``(iii) 30 percent shall be used for uses relating to
nonmotorized recreation.
``(B) Small state exclusion.--Any State with a total land
area of less than 3,500,000 acres shall be exempt from the
requirements of clauses (ii) and (iii) of subparagraph (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 Secretary that
the State does not have sufficient projects to meet the
requirements of clauses (ii) and (iii) of subparagraph (A).
``(D) State administrative costs.--State administrative
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 private
organizations, municipal, county, State, and Federal 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 section,
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 environment or to mitigate
and minimize the impact to the natural environment.
``(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 Government 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 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 motorized
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, services, or
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 materials, services, or
new right-of-way, may be donated by any project sponsor and
shall be credited to the non-Federal share in accordance with
subsection (f).
``(B) Federal project sponsors.--Any funds or the fair
market value of any materials or services may be provided by a
Federal project sponsor and shall be credited to the Federal
agency's share in accordance with subsection (f).
``(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 apportionments for
the purposes of section 6(f)(3) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a 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 recreational trail
improvements funded by the apportionments.
``(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 Intermodal
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 Service 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 maintenance of recreational trails
under section 206 of title 23, United States Code.

507867707e562879077fb8a2b9ef6df52c2755abf5301f1dcf942fb8ebb85acf

(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
subsections (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 Secretary
for the repair or reconstruction of highways, roads, and trails, in any
part of the United States, including Indian reservations, that the
Secretary finds have suffered serious damage as a result of--
``(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds be used
pursuant to this section for the repair or 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 obligated
in any 1 fiscal year commencing after September 30, 1980, to carry
out the provisions of this section; except that, if in any fiscal
year the total of all obligations under this section is less than
the amount authorized to be obligated in such fiscal year, the
unobligated balance of such amount shall remain available until
expended and shall be in addition to amounts otherwise available to
carry out this section each year.
``(2) Pending such appropriation or replenishment, the
Secretary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums as may be
necessary for the immediate prosecution of the work herein
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 Emergency 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 ``Federal-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.
(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''.

fe85401898f5b67e6cb62251e05bd02ce09f9f11275902ac32daf225ed877938

(a) In General.--Section 143 of title 23, United States Code, is
amended to read as follows:
``Sec. 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.
``(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 revenue
service.--The Secretary shall not impose any condition on the use
of funds allocated to the Internal Revenue Service under this
subsection.
``(4) Limitation on use of funds.--Funds made available 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 reporting
requirements for motor fuel taxpayers;
``(F) to reimburse State expenses that supplement existing
fuel tax compliance efforts; and
``(G) to analyze and implement programs to reduce tax
evasion associated with other highway use taxes.
``(5) Maintenance of effort.--The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of funds
of the State, exclusive of Federal funds, for motor fuel tax
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 \1/4\ of 1 percent of the funds apportioned to 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 Secretary
shall enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the purposes 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 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).

36006df2d3f2c50a7981dbab01e49e7c30c159fd095831c761090a8e59c87557

(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:
``ending 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 appropriated
for Indian reservation roads shall be allocated among Indian
tribes for fiscal year 2000 and each subsequent fiscal year in
accordance with a formula established by the Secretary of the
Interior under a negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5.
``(B) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall issue
regulations governing the Indian reservation roads program, and
establishing the funding formula for fiscal year 2000 and each
subsequent fiscal year under this paragraph, in accordance with
a negotiated rulemaking procedure under 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-government relationship between the Indian
tribes and the United States; and
``(ii) ensure that the membership of the committee
includes only representatives of the Federal Government and
of geographically diverse small, medium, and large Indian
tribes.
``(D) Basis for funding formula.--The funding formula
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, commerce, health, safety,
and educational resources.
``(3) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual, or
policy directive, all funds made available under this title for
Indian reservation roads and for highway 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 government, to the Indian tribal
government for contracts and agreements for such planning,
research, engineering, and construction in accordance with the
Indian Self-Determination 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.--
``(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 multiple-pipe culverts.
``(C) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in subparagraph (A)
must--
``(i) have an opening of 20 feet or more;
``(ii) be on an Indian reservation road;
``(iii) be unsafe because of structural deficiencies,
physical deterioration, or 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 subsection 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 paragraphs (2),
(3), and (4) (as added by paragraph (4) of this paragraph).
(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, specifications, and estimates for construction
of a Federal lands highways program project, shall be deemed to
constitute a contractual obligation of the Federal Government 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 consultation 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 program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(4) Inclusion in other plans.--All 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 planning
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
highways, park roads and parkways, and Indian reservation roads
shall be used by the Secretary and the Secretary of the appropriate
Federal land management agency to pay for the cost of
transportation planning, research, engineering, and construction of
the highways, roads, and parkways, or of transit facilities within
public lands, national 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
``Secretary of the Interior'' and inserting ``Secretary of the
appropriate 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 Recreation
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
cooperation with the Secretary of the Interior, and as appropriate,
with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process in
accordance with subsection (a).''.
(e) Refuge Roads.--
(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:
``(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
transportation 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 maintenance
and improvements.
``(2) Contracts.--In carrying out paragraph (1), the Secretary
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 Administration Act of 1966
(16 U.S.C. 668dd et seq.).''.

ca8a404058201035398b9acee479cc748aea601bbcc6f5eaf86f5c63b5eb8685

(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

1ddfd3a1deb7cc8a184733d73eec091f209680c63000d167cc64c34bc5962c28

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. 4321 et seq.). The term
includes ongoing short-term rehabilitation and repairs to the
Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1) of 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 following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in subsection (a)
is an agreement concerning the Project that is executed by the
Secretary and the Authority or any Capital Region jurisdiction that
accepts 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
Secretary, 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 construction
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 decision
for the Project (including in the attachments to the
statement and record) for mitigation of environmental and
other impacts of the Project be implemented; and
``(iv) the Authority and the Capital Region
jurisdictions develop a process to integrate affected 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.--
``(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, acquisition of rights-
of-way, and construction of the Project; except that the costs
associated with the Bridge shall be given priority over other
eligible costs, other than design costs, of the Project.
``(2) Contract authority.--Funds authorized by this section
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United States
Code; except that--
``(A) the funds shall remain available until expended;
``(B) the Federal share of the cost of the Bridge component
of the Project shall not exceed 100 percent; and
``(C) the Federal share of the cost of any other component
of the Project shall not exceed 80 percent.
``(b) Use of Apportioned Funds.--Nothing in this title limits the
authority of any Capital Region jurisdiction to use funds apportioned
to the jurisdiction under 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 rehabilitation 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''.

0c81d43ea3a1645e232a109cbff13e3abad00c498b9a37d157d282832ec0c4e4

(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''.
(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.

ec582603cfcc34a7d651f3cec8ec2cb674c43bcb44341d18d02d451067befbbe

(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 international
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 commercial
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 including 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;
(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and
congestion 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 elements:
(1) A complete and comprehensive analysis of corridor costs and
benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing methods
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 development
and construction of the corridor, including any environmental,
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 section
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.

7b648dda838424badb87dee9eb2df1b7c27179279fa8006be63d84972d778c8c

(a) General Authority.--The Secretary shall establish and 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 telecommunications, 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 private
funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies responsible
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;
(9) demonstrated local commitment to implement and sustain
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

0c3503e24a86dbf74a483f9649e5e2e124ee0155d843a6962511922d3589ee95

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
highway, 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 markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration of the Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation, relocation,
and construction of replacement housing;
``(E) elimination of hazards of railway grade crossings;
``(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 highways, any local
government unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--The term `Federal-aid highway'
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 reservation
road' means a public road that is located within or provides access
to an Indian reservation or Indian trust land or restricted Indian
land that is not subject to fee title alienation 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 Secretary 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 Environmental 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, management, and
control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated with
the continuous operation of traffic control, such as integrated
traffic control systems, incident management programs, 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, strategies, and
programs, and (ii) such other capital improvements to public
roads as the Secretary may designate, by regulation; and
``(B) does not include resurfacing, restoring, or
rehabilitating 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.
``(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 `public 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 determines are of primary
importance for the development, protection, 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 highway'
means a forest road under the jurisdiction of and maintained 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 control 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 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
pedestrians 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),
landscaping 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 planning
and research, environmental mitigation to address water pollution
due to highway runoff or reduce vehicle-caused wildlife mortality
while maintaining habitat connectivity, and establishment of
transportation museums.
``(36) Urban area.--The term `urban area' means an urbanized
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 designated 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.''.

8dcb685bc28e47d082ac056099a317e713ebc5666fa82c8ec3627d46b750eb3f

(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.
``(2) Safety considerations.--Transportation plans and projects
shall provide due consideration for safety and contiguous routes
for bicyclists and pedestrians. Safety considerations shall include
the installation, where appropriate, and maintenance 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
permit,''; 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 weighing
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.--
(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
recommendations 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:
``(n) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory action
under this title that will result in the severance of an existing major
route or have significant adverse impact on the safety for nonmotorized
transportation traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or such a
route exists.''.
(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 section,
a State shall take into account bicycle safety.''.
(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.

00471a148e1057b7e5d6b21994ea9c3ea065a9c447343f1752dccd2755640aee

1768f476fa4850e229a555f9d56ecded97b584916e7317cfc6d99224e7f60b63

(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 economic growth and
development within and through urbanized areas, while minimizing
transportation-related fuel consumption 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 transportation
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
transportation 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 throughout the
State, for people and freight;
``(F) promote efficient system management and operation;
and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider any
factor specified in paragraph (1) shall not be reviewable 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.''.
(d) Additional Requirements.--Section 135(d) of such title 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 transportation
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 officials 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,
representatives of transportation agency employees, freight
shippers, private providers of transportation, representatives
of users of public transit, providers of freight transportation
services, and other interested parties with a reasonable
opportunity to comment on the proposed plan; and
``(B) identify transportation strategies necessary to
efficiently 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 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.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under paragraph (4).''.
(f) State Transportation Improvement Program.--Section 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
transportation 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 planning
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
nonmetropolitan area in the State, the program shall be
developed in consultation with affected 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 consultative
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 Secretary of the
Interior.
``(C) Participation by interested parties.--In developing
the program, the Governor shall provide citizens, affected
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 comment on
the proposed program.
``(2) Included projects.--
``(A) In general.--A transportation improvement program
developed under this subsection for a State shall include
federally supported surface transportation expenditures within
the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for funding
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--
``(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 anticipated to be
available for the project within the time period contemplated
for completion of the project.
``(E) Financial plan.--The transportation improvement
program may include a financial plan that demonstrates how the
approved transportation improvement program can be implemented,
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 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 subparagraph
(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 subparagraph (E) for
inclusion in an approved transportation improvement
program.
``(G) Priorities.--The program shall reflect the priorities
for programming and expenditures of funds, including
transportation enhancement activities, required by this title.
``(3) Project selection for areas of less than 50,000
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 under the bridge program or the Interstate maintenance
program) shall be selected, from the approved statewide
transportation improvement program, by the State in cooperation
with the affected local officials.
``(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 maintenance program shall be
selected, from the approved statewide 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 section, section
134, and sections 5303 through 5305 of title 49, approved not less
frequently than biennially by the Secretary.
``(5) Modifications to project priority.--Notwithstanding 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.''.
(g) Funding.--Section 134(g) of such title is amended by striking
``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 Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).''.
(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 enactment
of this Act, the Secretary shall transmit to Congress a report
containing the results of the study with any recommendations the
Secretary determines appropriate as a result of the study.

2450caf317077c0431e0da47ef6dc37d443f30af06f5038b0e294970ab9658c2

(a) Contracting Procedures.--Section 112(b)(2) of title 23, United
States Code, is amended in clauses (i) and (ii) of subparagraph (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
environmental impact statements, as well as subsequent engineering 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.''.

f3553c89963da6acce64a2bbea5c5398ce211c4d974ca4d11dbd4437ec79e6c5

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 motorcycles 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 affect the authority of a
State or political subdivision of a State to regulate motorcycles for
safety.''.

8f6f9fca26038398ef6e8bfd7f07c70d74776e532c843b4ba190cf49fba481f6

(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 publicly 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 available 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 available to the
State of Alaska.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to
the State of New Jersey.
``(4) Washington.--$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to
the State of Washington.''.
(c) Study.--
(1) In general.--The Secretary shall conduct a study of ferry
transportation in the United States and its possessions--
(A) to identify existing ferry operations, including--
(i) the locations and routes served; and
(ii) the source and amount, if any, of funds derived
from Federal, State, or local government sources supporting
ferry construction or operations;
(B) to identify potential domestic ferry routes in the
United States and its possessions and to develop information 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 Committee on Environment
and Public Works of the Senate.

79c84097b4da38a95d5fb98bf5ade6f85a6f431630b84da0b89f80335daf10db

(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 programs, 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 amended
by striking ``104(a)'' and inserting ``104(b)(3)''.

3a84908fc74426c67a5dde30ea2240230e707a2af7d742a71f8c7c4ef91a7177

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 accordance 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 designated
by paragraph (1) of this subsection) with paragraph (2) (as added
by paragraph (2) of this subsection).

1337fa98c08463c7a289620e7261336582cd3ee38f1ddb00f985d24227ab26bf

(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 package
developed under TRANSIMS and the program established under this
section to States, local governments, and metropolitan planning
organizations with responsibility for travel modeling.
(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 metropolitan 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 available 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.

3fec0c5fbe185eff06897d61bdcb6081056356231fbb6625bb01d104f2425b04

(a) Pennsylvania Station Redevelopment Corporation Board of
Directors.--Section 1069(gg) of the Intermodal Surface 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 furtherance of the redevelopment of the James A.
Farley Post Office in New York, New York, into an intermodal
transportation facility and commercial center, the Secretary, 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 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:
``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 Corporation.''.
(c) Safety Belt Use Law Requirements.--Section 355 of the National
Highway System Designation Act of 1995 (109 Stat. 624) is amended--
(1) in the section heading by striking ``and maine'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire and Maine shall
each'' and inserting ``State of New Hampshire shall''; and
(B) in paragraph (1) by striking ``and 1996'' and inserting
``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
(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).
(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 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 apportioned 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:
``(ff) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Carolina,
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 inserting
the following:
``(hh) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Carolina.'';
(C) in paragraph (9) by inserting after ``New York'' the
following: ``, including United States Route 322 between United
States Route 220 and I-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 Louisiana,
the Corridor shall--
``(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 I-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 I-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 I-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 follow I-10 from San
Bernardino to the Arizona State line and I-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 I-90 in Pennsylvania.
``(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
``(38) The Ports-to-Plains Corridor from the Mexican Border via
I-27 to Denver, Colorado.
``(39) United States Route 63 from Marked Tree, Arkansas, to I-
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 development
highway system from Interstate Route 55 near Batesville,
Mississippi, to the intersection with Corridor X of the Appalachian
development highway system near Fulton, Mississippi, and the
portion of Corridor X of the Appalachian development highway 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 border.''.
(2) Provisions applicable to corridors.--Section 1105(e)(5)(A)
of such Act is amended--
(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
subsection (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 Georgetown 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
subsections (c)(18) and (c)(20) shall be designated as
Interstate Route I-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 subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route I-69,
including segments of United States Route 59 in the State
of Texas. The segment identified in subsection
(c)(18)(B)(i) shall be designated as Interstate Route I-69
East, and the segment identified in subsection
(c)(18)(B)(ii) shall be designated as Interstate Route I-69
Central. The State of Texas shall erect signs identifying
such routes as segments of future Interstate Route I-69.
``(ii) Rulemaking to determine future interstate 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). 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 subparagraph
(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. 615-616) is amended--
(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:
``(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 determine
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 generally 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 apportioned under chapter 1
of title 23, United States Code, except that such funds shall
remain available until expended.
(l) 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.--Notwithstanding
any other provision of law, the project described in section
149(a)(47)(B) of such Act shall be subject to any limitation 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 Surface
Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in
subsection (a)--
(1) by striking ``(a) Approval of Project.--Notwithstanding''
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.''.

ce7d1d33f918402758af0807b88f4cbec13f1b993c56c5b7884223ff5d67af96

(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 following:
``(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 place
it appears and inserting ``State transportation
department''; and
(ii) by striking ``State highway departments'' each
place it appears and inserting ``State transportation
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 ``transportation''.
(ii) Section 302 of title 23, United States Code, is
amended in the section heading by striking ``highway'' 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 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 appropriated 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 Interstate 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 terminus 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.--
(i) In general.--In consultation with the Secretary,
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 appropriated
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 Secretary,
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 appropriated
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 Secretary,
the State of Maine 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 appropriated
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 Secretary,
the State of New Hampshire 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 appropriated
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 apportioned under
chapter 1 of title 23, United States Code; except that such
funds shall remain available until expended.
(k) Driver Training and Safety Center.--
(1) In general.--The Secretary shall make grants to establish 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 authorized 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.
(l) Ohio River Welcome Center.--
(1) In general.--The Secretary shall make grants to establish 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 authorized 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.
(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.
(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
operators of heavy equipment in the safe use of such equipment.
(2) Authorization of appropriations.--There is authorized 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 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, Pennsylvania. 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 authorized 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.
(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 chapter 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 chapter 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 approximately navigation
mile 2.6 and extending downstream to the North-South \1/2\ of Section
30, Township 7 South, Range 10 West, Harrison County, Mississippi, just
west of Kremer Boat Yards, is not authorized 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 portages
between the Moose Lake Chain and Basswood Lake, Minnesota, 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 appropriated
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.
(B) Authorization.--There is authorized to be appropriated
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 appropriated
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 SR1 Bridge). If the transfer is
completed within 180 days after the date of enactment 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 of
Pennsylvania State Route 26 between Huntingdon, Pennsylvania, and State
College, Pennsylvania, as the Nittany Parkway.

0a9fe7f1ffb37f6ec8090b248c43f59e9fa97985d05714f92c4f682825899776

(a) Highway Economic Requirement System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the methodology 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 requirements.
(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.--
(A) Study.--In consultation with State transportation
departments and other appropriate State and local officials,
the Comptroller General 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 infrastructure
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 monitoring
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.
(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.
(c) Use of Uniformed Police Officers on Federal-Aid Highway
Construction Projects.--
(1) Study.--In consultation with the States, State
transportation 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 enactment
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.
(d) Southwest Border Transportation Infrastructure.--
(1) Assessment.--The Secretary shall conduct a comprehensive
assessment of the state of the transportation infrastructure 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;
(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 authorities 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 infrastructure in
the border area, including highways, bridges, railway lines,
and border inspection facilities;
(C) assess the adequacy of law enforcement and narcotics
abatement activities in the border area, as the activities
relate to commercial and private traffic and infrastructure;
(D) assess future demands on transportation infrastructure
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 enactment
of this Act, the Secretary shall submit to Congress a report on the
assessment conducted under this subsection, including any related
legislative and administrative recommendations.
(e) Study of Procurement Practices and Project Delivery.--
(1) Study.--The Comptroller General shall conduct a study to
assess the impact that a utility company'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, including
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 transportation
contractors for business costs incurred by the contractors 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 enactment
of this Act, the Comptroller General shall transmit to Congress a
report on the results of the study with any recommendations the
Comptroller General determines appropriate as a result of the
study.
(f) Specialized Hauling Vehicles.--
(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 standards.
(2) Report.--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 study with any recommendations the Secretary
determines appropriate as a result of the study.
(g) Study of State Practices on Specific Service Signing.--
(1) Study.--The Secretary shall conduct a study to determine
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
maintaining 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 enactment
of this Act, the Secretary shall transmit to Congress a report on
the results of the study, including any recommendations and, if
appropriate, modifications to the Manual.
(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 determine
the effectiveness of State penalties as a deterrent to illegally
overweight trucking operations. The study shall evaluate 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 enactment
of this Act, the Secretary shall transmit to Congress a report on
the results of the study with any legislative recommendations of
the Secretary.
(i) Commercial Motor Vehicle Study.--
(1) In general.--The Secretary shall request the Transportation
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 regulations 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 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 enactment
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 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 agreement
with the State of Oklahoma to carry out a traffic analysis to
determine the feasibility of a trade processing center in McClain
County, Oklahoma.
(2) Authorization.--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.
(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 chapter 1 of title
23, United States Code.
(k) Study of Interstate High Speed Ground Transportation.--
(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 enactment
of this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives
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.

66f8652afebfdde4decc91d311ec22dbe1953d1c602b6566007b6f79ccaf125f

(a) Access to John F. Kennedy Center for the Performing Arts.--
(1) Study.--The Secretary, in cooperation with the District of
Columbia, the John F. Kennedy 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 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 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 authorized 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 apportioned 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.
(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 Smithsonian
Institution that document the history and evolution of
transportation, in cooperation with other museums in the United
States.
(3) Authorization of appropriations.--There is authorized 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.
(c) New River Visitor Center.--
(1) In general.--The Secretary shall allocate to the Secretary
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 facilitate visitor
understanding and enjoyment of the scenic, historic, cultural, and
recreational resources of the New River Gorge 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 I-64 Sandstone intersection.
(2) Authorization of appropriations.--There are authorized 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 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 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 reservations; and
(B) any funding provided by a State to a county for road
maintenance programs in the county.
(4) Use of unallocated funds.--Any 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(b) of title 23, United States Code.
(5) Funding.--
(A) In general.--There is authorized to be appropriated
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 determines,
after consultation with the Secretary of Defense, that a highway,
or a portion of a highway, located outside the United States is
important to the national defense, the Secretary may carry out a
project for reconstruction of the highway or portion of highway.
(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.
(f) Sachuest Point National Wildlife Refuge.--
(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 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 $200,000 for fiscal year 1999.
(3) 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.
(g) Runway Removal at Ninigret National Wildlife Refuge.--
(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 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 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.
(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 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.
(i) Entrance Paving at Ninigret National Wildlife Refuge.--
(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 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.
(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 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.
(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 Richmond
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.
(3) 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.
(l) Access to Corps of Engineers.--
(1) In general.--The Secretary shall provide $800,000 for each
of 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 (other 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 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.
(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 Battlefield 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 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.
(n) DOT Headquarters Facility.--Before taking any action that leads
to Government ownership of the Department of Transportation
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 apportioned 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 Trace
Parkway at Old Canton Road and at Rice Road in Madison County,
Mississippi.
(2) 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 $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 available until
expended.
(q) Lolo Pass Visitor Center.--
(1) Grants.--The Secretary shall make grants for the Lolo Pass
Visitor Center in the State of Idaho.
(2) 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 $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 available until
expended.
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds authorized
by section 1101(a)(15) for each of fiscal years 1998 through 2003
to the Commonwealth of Puerto Rico to carry out a highway program
in such Commonwealth.
(2) Applicability of title 23.--Amounts made available by
section 1101(a)(15) of this Act shall be available for obligation
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.

df410652b2e83095039fdff733127e5c62893f2d8b6c3b95589f27ea89de896a

(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 authorized 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.--
(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 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 byway officials to develop
and sustain their National Scenic Byways or All-American Roads.
(3) Authorization of appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $1,500,000 for each
of fiscal years 1998 through 2003.
(4) Applicability of title 23.--Funds 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.
(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 authorized 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 chapter 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 chapter 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.
(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 chapter 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 chapter 1 of title
23, United States Code.
(h) Noise Barriers, Dekalb County, Georgia.--Notwithstanding 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 Northlake 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.

45dab97ac51b9a6415ce4c828de3f8b7ab4d47910641228df00717dd2b69df9f

(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
``traffic 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
following: ``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:
``(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 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 following:
``(8) Funding.--
``(A) In general.--There is authorized to be appropriated
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 fiscal 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.''.
(b) Interstate System Reconstruction and Rehabilitation Pilot
Program.--
(1) Establishment.--The Secretary shall establish and implement
an Interstate System reconstruction and rehabilitation pilot
program under which the Secretary, notwithstanding sections 129 and
301 of title 23, United States Code, may permit a State to collect
tolls on a highway, bridge, or tunnel on the Interstate System for
the purpose of reconstructing and rehabilitating Interstate highway
corridors that could not 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 identification 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 facility.
(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 reconstruction
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
interstate 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.
(5) Limitations on use of revenues; audits.--Before the
Secretary may permit a State to participate in the pilot program,
the State must enter into an agreement with the Secretary 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, restoration, and
rehabilitation of the toll facility; and
(B) regular audits will be conducted to ensure compliance
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 apportioned 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
program under this subsection for a term to be determined by the
Secretary, but not less than 10 years.
(8) Interstate system defined.--In this subsection, the term
``Interstate System'' has the meaning such term has under section
101 of title 23, United States Code.

1439d60e8c8ec8f1d86471160daa4ae33b94a9d74cf1a716d216ff14fc95440d

(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, improvements 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.
(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 otherwise be
eligible to display a mainline business logo on a specific service food
sign described in section 2G-5.7(4) of part IIG of the 1988 edition of
the Manual on Uniform Traffic 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 operations at the service
plazas on the John F. Kennedy Memorial Highway on Interstate Route
95.
(2) Agreements.--The agreements referred to in paragraph (1)
are agreements between the Department of Transportation of the
State of Maryland and the Federal Highway Administration concerning
the highway described in paragraph (1).
(h) Welcome Center Pilot Project.--
(1) In general.--The Secretary shall permit the State of
Georgia 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, Georgia, 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(l)(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
Riverside County line may be credited toward the State matching
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 Federal-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 (including
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
Vicksburg and Jackson, Mississippi.

ca704f9e59d54a9bf9ccd949b160d020cc00441bea1867e39cb5011933ab9bd4

PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
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
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached
to guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, 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.--
``(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 \2/3\.
``(3) Use of assistance.--Financial assistance provided under
paragraph (1) shall be used only to pay eligible project costs of
projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not later than
180 days after the date of enactment of this subsection, the Secretary
shall solicit applications from States, or authorities designated by 1
or more States, for financial assistance authorized by subsection (b)
for planning, design, and construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed or low-
speed ground transportation corridor that exhibit partnership
potential;
``(2) require an amount of Federal funds for project financing
that will not exceed the sum of--
``(A) the amounts made available under subsection
(h)(1)(A); and
``(B) the amounts made available by States under subsection
(h)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private partnership,
with at least \1/3\ of full project costs paid using non-Federal
funds;
``(5) satisfy applicable statewide and 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 technology is
used within the United States, be carried out as a technology
transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, 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 deployment
of MAGLEV technology throughout the United States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the need for
additional highway or airport construction;
``(3) States, regions, and localities financially contribute to
the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
``(5) the project will augment MAGLEV networks identified as
having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are considered
and enhanced.
``(f) Project Selection.--
``(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 assistance 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 paragraph
(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 activities.
``(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
appropriations.--
``(i) In general.--There is authorized to be
appropriated 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).
``(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 provision of
law, an eligible project selected under this section shall be
eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st Century,
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.''.

a37d0322100d909e4b42d007b7d69f127346887882a2e56714620df2d5722287

(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 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 outstanding
scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as National
Scenic Byways or All-American Roads.
``(2) Criteria.--The Secretary shall designate roads to be
recognized under the national scenic byways program in accordance
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 management 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
byway.
``(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.
``(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 scenic
byway that is consistent with the corridor management plan for
the byway, 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
development of a State scenic byway program.
``(2) Development and implementation of a corridor management
plan to maintain the scenic, historical, recreational, cultural,
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 byway
marketing program.
``(d) Limitation.--The Secretary shall not make a grant under this
section for any project that would not protect the scenic, historical,
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 byway 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 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.''.

47f410ecfbd64975f5b56a8de70bab5ab8bebd40d9f81e59663ae8e8cfd0f587

(a) In General.--
(1) Elimination.--The Secretary shall eliminate any
programmatic 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 Secretary
shall eliminate regional offices, create technical resource
centers, and, to the maximum extent practicable, delegate authority
to State offices of the Federal Highway Administration.
(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 distance between
the technical resource centers and the Federal Highway 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 implementation of
the plan transmitted under subsection (c) not later than December 31,
1998.

56cbc104d8fef796b105d2bbf00cd559eb29d836c1b392c7b0d89cbb3cb4e8c8

PROGRAM.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish a
comprehensive initiative to investigate and address the relationships
between transportation and community and system preservation 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
Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation, community
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
available to carry out this subsection to States, metropolitan
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 purposes
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 commitment 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
transportation 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;
(iii) ``green corridors'' programs that provide access
to major highway corridors for areas targeted for efficient
and compact development; or
(iv) other similar programs or policies as determined
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 investments
that address the purposes of this section; and
(E) propose projects for funding that address the purposes
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 Secretary
determines to be appropriate, including corridor
preservation activities that are necessary to implement--
(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.

ef4a6f9d20fdbe8a8092497740328dbca30e9ccf6a27dce9d45d5c304658ee30

(a) In General.--Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended--
(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
(4) in the undesignated paragraph relating to Virginia--
(A) by inserting ``Montgomery,'' after ``Lee,''; and
(B) by inserting ``Rockbridge,'' after ``Pulaski,''.
(b) Technical Amendment.--Section 405 of such Act is amended by
striking ``section 201'' and inserting ``sections 201 and 403''. This
amendment ensures that section 403 is still in effect.

aded42927e3336c71387d96ac882d7a84ba109f6874e7168449a5643e8a28f3b

(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 Olympic movement, the International Paralympic 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.--Notwithstanding 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 Paralympic event, or a Special
Olympics International event, if--
(1) the project meets the extraordinary needs associated with
an international quadrennial Olympic or Paralympic event or a
Special Olympics 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
international quadrennial Olympic 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 transportation
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 Paralympic, and a Special Olympics
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 Olympics 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 percent.
(f) Eligible Governments.--A State or local government shall be
eligible to receive assistance under this section only if the
government is hosting a venue that is part of an international
quadrennial Olympics that is officially selected by the International
Olympic Committee.
(g) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section such sums as are necessary for each
of fiscal years 1998 through 2003.
Subtitle C--Program Streamlining and Flexibility

166ca8867d37f13f676848b4994f96b4d9521fd8c324ad466c42c2a4e3e8b1ef

(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:
``Sec. 108. Advance acquisition of real property
``(a) In General.--
``(1) Availability of funds.--For the purpose of facilitating
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 apportioned 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 reasonable.''.
(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;
``(ii) the consideration of alternatives; and
``(iii) the selection of a specific location.
``(2) Establishment of fair market value.--The fair market
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 effective;
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 Government 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 Government
Toward the State Share.--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:
``Sec. 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.''.

3790c8ff4ea266ad811351ccff564b15091f80140a5c9d0fa8978cac55f35633

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 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 agreement, 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).

e73b76e387e5a2d0c325d0c2322fd57286c2ac9d4296bfa8b9738898b176f26f

(a) In General.--Section 156 of title 23, United States Code, is
amended to read as follows:
``Sec. 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 subsection (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.''.

0e95d331416e75eb9d4817cff09833ca9d362ca35bc521cc1fca98d5836b9d47

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)''.

f34a999d2b4a4efd9a68d0556de5a67c853f7523a376f5782b0953ae3e2ed310

(a) In General.--Section 106 of title 23, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 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 estimates.--
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.
``(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 payment 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 responsibilities of the
Secretary under this title for design, plans, specifications,
estimates, contract awards, and inspections of projects unless the
State or the Secretary determines that such assumption 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 subsection.
``(4) Limitation on authority of secretary.--The Secretary 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 section,
section 133, or section 149 shall affect or discharge any
responsibility 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
for proposed projects on any Federal-aid highway shall be accompanied
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:
``(h) Financial Plan.--A recipient of Federal financial assistance
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 subsection,
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.''.

690ecbd75d461352fd92e41c1258c23932e60324cd6709db973aefaeb470ac69

(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 subsections
(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.''.

9438997784e4c8ce70f8db166f8b063b5f1fb6ae56f5598111a4f32f901a1c92

(a) Authority.--Section 112(b) of title 23, United States Code, is
amended--
(1) in the first sentence of paragraph (1) by striking
``paragraph (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 paragraph,
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 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 subsection
(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).
(c) Regulations.--
(1) In general.--Not later than the effective date specified in
subsection (e), after consultation with the American Association of
State Highway and Transportation Officials and representatives 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 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 section 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.--
(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 paragraph, 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.
(f) Report to Congress.--
(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 procedures.
(2) Contents.--The report shall contain--
(A) an assessment of the effect of design-build contracting
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.

f097da5ad7dc9a3238cadd27c6aa41a7060cac5240de132f4aa574a9821774f1

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 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.

319d249abef90e93721945954f4c208f1b638c4176e7348501c701375d720500

(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 statement 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 concurrently 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 respective
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 agencies
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.
(2) Time limitations and concurrent review.--The Secretary 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 environmental
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 undertaken
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 substantively 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 Quality under
sections 1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
(4) Extensions.--The Secretary shall extend any time periods
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 environmental
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 jurisdiction over by operation of
Federal law has not been resolved, the Secretary and the head of the
Federal agency shall resolve the matter not later than 30 days after
the date of the finding by the Secretary.
(d) Participation of State Agencies.--For any project eligible 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 environmental-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 environmental 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 established 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
determines 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 environmental 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 ``Federal
agency'' means any Federal agency or any State agency carrying out
affected responsibilities required by operation of Federal law.

1734e03ca493d1c22f33cfd3323fea475b65906a4f08444541ce46a9c4143bb3

(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 109 the following:
``Sec. 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 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 CMAQ 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

4a654509f3cac02038aeda603ae67ab28faf7a36126f7a1f7df38dbf3d49a6b9

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 subparagraph (C)
of this paragraph);
(2) in subsection (b) by striking ``highway safety improvement
project'' and inserting ``safety improvement project, including 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)--
(A) by striking ``apportioned to'' in the first sentence
and all that follows through ``shall be'' in the second
sentence; 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''.

5df287b6f280f9d764e1ae09230573597664e40829995c010c10c723912df2d7

(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-
effectiveness of utilizing different crash cushion designs and
determining 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 separation
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 Secretary
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 traffic
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.
(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.

2f7abd20c2de7c2fcdd2fa09029f4e4ace636986a50b359603279ace4cc89997

(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 157 and inserting the following:
``Sec. 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 passenger 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 passenger motor
vehicle.
``(6) Savings to the federal government.--The term `savings to
the Federal Government' means the amount of Federal 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 system
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
``(B) for each of calendar years 1998 through 2001, by the
State in a manner consistent with the criteria established by
the Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than September 1,
1998, and September 1 of each calendar year thereafter 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 Government 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 Secretary 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 Secretary 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
enactment 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
``(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
Secretary 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 Secretary 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 paragraph (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
``(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.''.
(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.

4e3700ba0f40d71494545b4d6d03388eaee62587709c4ba7ec139b88e54cb99a

INTOXICATED PERSONS.
(a) In General.--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
``(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.''.
(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

f5bbb13c165e1abeda510c221e2fe88c1b16dc6c181c48a53d2b0211a52c949a

This chapter may be cited as the ``Transportation Infrastructure
Finance and Innovation Act of 1998''.

fdc9d4055e677b65ba46dd0f279abe5f49768480d53d587a99ae540c7648a3e2

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 programs in
effect on the date of enactment of this Act;
(4) new investment capital can be attracted to infrastructure
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
significance can complement existing funding resources by filling
market gaps, thereby leveraging substantial private co-investment.

dab7c8bcec9f51eda9442a6787c542d3f33c2a9654ab8efbea7d09be8291d8ec

14a91aafcdf3143f58eb11e06e1c0242befca0e9bacdb622bf13e03d2a8d81f9

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

3169023a4eb26db1ba95ea2562890aae1a1722340fcb51cbe903b9dfd7592b2e

(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 security;
and
(G) to provide other forms of debt financing and methods 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.
(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, Congress
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 section,
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 planning
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
infrastructure 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 Code), or
for any other project related to surface transportation that the
Secretary determines to be appropriate.
(2) Interstate funds.--Funds contributed to an infrastructure
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 assistance under
such paragraph.
(3) Rail program funds.--Funds contributed to an infrastructure
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 commensurate 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 Secretary 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 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 provided 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 section, 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 contributed
to an infrastructure bank established under this section,
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-Federal 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 payment 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.
(l) 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.
(2) Non-federal funds.--The limitation described in paragraph
(1) shall not apply to non-Federal funds.
Subtitle F--High Priority Projects

63a5cc3244ce7354562d3841087d645b81fc0d8b4d6d7cbfb6025437bc5d3a98

(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 117 and inserting the following:
``Sec. 117. High priority projects program
``(a) Authorization of High Priority Projects.--The Secretary 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 Transportation 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
obligation beginning in fiscal year 1998;
``(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
``(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
``(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
``(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
``(6) 19 percent of such amount shall be available for
obligation 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;
the Secretary, upon the approval of the application 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.''.
(b) Purpose of Projects.--Section 145 of such title is amended--
(1) by inserting ``(a) Protection of State Sovereignty.--''
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 Efficiency 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 eligibility 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.''.

5631595508394aa31791c4f871abb1ff14844d20cad1ff7b598ce949928e8eeb

353013e979a14f0e27ce7abc02209b2b492a391ccb6e2a592ac689cebeb5be80

For purposes of calculating the minimum guarantee apportionment
under section 105 of title 23, United States Code, the Secretary shall
not include projects numbered 1818 through 1849 in section 1602.

5bd9b4bc731784ce7bdbf278c05505a15db10b285abb037a9033ba756a5b1193

(a) Uniform Guidelines.--Section 402(a) of title 23, United States
Code, is amended--
(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 highway safety,''
before ``and emergency services''.
(b) Administration of State Programs.--Section 402(b) of such title
is amended--
(1) by striking ``(b)(1)'' and all that follows through
paragraph (2) and inserting the following:
``(b) Administration of State Programs.--'';
(2) by redesignating paragraphs (3), (4), and (5) as paragraphs
(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
``paragraph (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.--Notwithstanding
subsection (b)(1)(C), 95 percent of the funds apportioned to the
Secretary of the Interior under this section shall be expended by
Indian tribes to carry out highway safety programs within their
jurisdictions.
``(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, notwithstanding
the issuance of any patent and including rights-of-way running
through the reservation;
``(B) all dependent Indian communities within the borders
of the United States, 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 running
through such allotments.''.
(e) Rulemaking Proceeding.--Section 402(j) of such title is amended
to read as follows:
``(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.--
(1) In general.--For fiscal years 1999 and 2000, the Secretary
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 effectiveness of, the
messages.
(3) Study.--Based on information contained in the 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).

49e0681258977f80c784440198d0ad254f8f4ed2d7e048db996aa266815e87a9

TITLE II

-HIGHWAY SAFETY

(a) Authority of the Secretary.--Section 403(a)(2)(A) of title 23,
United States Code, is amended by inserting ``, including training in
work zone safety management'' after ``personnel''.
(b) Drugs and Driver Behavior.--
(1) In general.--Section 403(b) of such title is amended 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 Secretary 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 train law enforcement officers in the
implementation of the policy referred to in subparagraph (A).

66ffd1e244d655b0bccf530d7aa63e0c745b3da27254b1020ce95924ef8cec77

(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:
``Sec. 405. Occupant protection incentive grants
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the requirements of
this section, the Secretary shall make grants under this section to
States that adopt and implement effective programs 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 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, 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 satisfaction 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 individual (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 program 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 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 passenger 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 appropriated
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 `multipurpose
passenger vehicle' means a motor vehicle with motive power (except
a trailer), designed to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special features for
occasional off-road operation.
``(4) Passenger car.--The term `passenger car' means a motor
vehicle with motive power (except a multipurpose passenger 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 passenger 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 occupant
restraint system consisting of integrated lap and shoulder
belts.''.
(2) Conforming amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 404 the
following:
``405. Occupant protection incentive grants.''.
(b) Child Passenger Protection Education Grants.--
(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 Secretary to carry out the
activities specified in paragraph (2) through--
(A) the child passenger protection program of the State;
and
(B) at the option of the State, a grant program established
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 passenger
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, supplemental
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 professionals,
police officers, fire and emergency medical personnel, 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 available 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 subsection.
(7) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $7,500,000 for each of
fiscal years 2000 and 2001.

9069ca6e993accce68aaf81b3f0e29a9cf8f1a1d57df88218cfcd949ff730b60

(a) In General.--Section 410 of title 23, United States Code, is
amended to read as follows:
``Sec. 410. Alcohol-impaired driving countermeasures
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the requirements 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 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 enactment 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 system 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 influence 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.
``(B) Underage drinking program.--An effective system, as
determined by the Secretary, for preventing operators 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 system 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 whether the operators of such motor vehicles
are driving while under the influence of alcohol; or
``(ii) a statewide special traffic enforcement program
for impaired driving that emphasizes publicity for the
program.
``(D) Graduated licensing system.--A 3-stage graduated
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; assessments of first-time offenders; and
incorporation of treatment into judicial sentencing.
``(G) Testing for bac.--An effective system for increasing
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 reduction.--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 comparison.--The
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration in the State has been lower
than the average percentage for all States in each of the
calendar years referred to in subparagraph (A).
``(3) Basic grant amount.--The amount of a basic grant made to
a State for a fiscal year under this subsection shall equal up to
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 drivers.--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 program.--
The State provides for a self-sustaining drunk driving
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 communities which have
comprehensive programs for the prevention 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) Use 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 operate 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 prosecutions, 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.
``(d) Administrative Expenses.--Funds authorized to be appropriated
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 substances'
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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998.

ccca93fefb4a4aaa4612b27a28eee5d9076425c40be249cb9ca50f445b2428b9

(a) In General.--Chapter 4 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 411. State highway safety data improvements
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the requirements 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 traffic 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 occurrences, rates,
outcomes, and circumstances.
Such grants may be used by recipient States only to implement such
programs.
``(2) Model data elements.--The Secretary, in consultation with
States and other appropriate parties, shall determine the model
data elements necessary to observe and analyze national trends in
crash occurrences, rates, outcomes, and circumstances. In order to
become eligible for a grant under this section, a State shall
demonstrate how the multiyear highway 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 safety data programs 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
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 multidisciplinary
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
highway 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 determined;
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
continues to operate and supports the multiyear plan
described in clause (ii).
``(2) Grant amounts.--The amount of a first-year grant made to
a State for a fiscal year under this subsection shall equal--
``(A) if the State is eligible for the grant under
paragraph (1)(A), $125,000; and
``(B) if the State is eligible for the grant under
paragraph (1)(B), an amount determined by multiplying--
``(i) the amount appropriated to carry out this section
for such fiscal year; by
``(ii) the ratio that the funds 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 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 multiplying--
``(A) the amount appropriated to carry out this section for
such fiscal year; by
``(B) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under this paragraph
shall receive less than $225,000.
``(c) Administrative Expenses.--Funds authorized to be appropriated
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.''.

ee14414bbcfd5381a10eb7cca0b934ad7b54dfac74dea58015f24ce8d377258e

(a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 of title 49, United States Code, is amended by adding at
the end the following:
``(e) Transfer of Selected Functions to Non-Federal Management.--
``(1) Agreement.--The Secretary may enter into an agreement
with an organization that represents the interests of the States to
manage, administer, and operate the National Driver Register's
computer timeshare and user assistance functions. If the Secretary
decides to enter into such an agreement, the Secretary shall ensure
that the management of these functions is compatible with this
chapter and the regulations issued to implement this chapter.
``(2) Required demonstration.--Any transfer of the National
Driver Register's computer timeshare and user assistance 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 Secretary shall
continue to fund these transferred functions.
``(4) Fees.--The total of the fees charged by the organization
representing the interests of the States in any fiscal year for the
use of the National Driver Register's computer timeshare and user
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 otherwise affect
the authority of the Secretary to carry out this chapter.''.
(b) Access to Register Information.--
(1) Conforming amendments.--Section 30305(b) of title 49,
United States Code, is 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
``subsection (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 Act
of 1996 (Public Law 104-264, 110 Stat. 3262), as paragraph (9).
(2) Federal agency access provision.--Section 30305(b) of title
49, United States Code, is further amended--
(A) by redesignating paragraph (6) as paragraph (10) and
inserting such paragraph after paragraph (9);
(B) by inserting after paragraph (5) the following:
``(6) The head of a Federal department or agency that issues motor
vehicle operator's licenses may request the chief driver licensing
official of a State to obtain 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, suspended, or canceled by that
department or agency for cause; or about whom the department or agency
has been notified of a conviction of any of the motor vehicle-related
offenses or comparable offenses listed in section 30304(a)(3) and over
whom the department or agency has licensing authority. The report shall
contain the information specified in section 30304(b).''; and
(C) by adding at the end the following:
``(11) The head of a Federal department or agency authorized to
receive information regarding an individual from the Register under
this section may request and 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 conjunction with
the American Association of Motor Vehicle Administrators, 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 authorized to be
appropriated to carry out paragraph (2) $250,000 in the aggregate
for fiscal years beginning after September 30, 1998.

39a65e7e99936b6c7d8fc87d5c08ec0651618e1618ce4cd7f12b8253d4ce32cf

(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.
(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.

a7fbdff36e7626d840868879d507b276d7ebc476bd6a3beb1a2fb34ed2bf9939

CONCENTRATIONS.
(a) Study.--The Comptroller General shall conduct a study to
evaluate the effectiveness of State laws that--
(1) deem any individual with a blood alcohol concentration of
0.08 percent or greater while 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 Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the study conducted under this
section.

7b9645c92b464f0b267d51370ea0af36839c79fdefc3bd3fa7758b7e677a6541

(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 carrying 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 incentive 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.
(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 appropriated
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 appropriated
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.

b8d44fa61df4556103d62af1b7c31c240447914e012c523544e653b2b4caa0e7

This title may be cited as the ``Federal Transit Act of 1998''.

9b7aff472877ec75fc938acbad3e80a34bfbeb459714d874fb8b949b88859c67

TITLE III

-FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.

6f12998a74067df81c50b6ad9f1d7e06c7392cc36b19297f5baf2c545783174a

Section 5302 is amended to read as follows:
``Sec. 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, mapping,
and acquiring rights-of-way), payments for the capital portions
of rail trackage rights agreements, transit-related intelligent
transportation systems, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(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, pedestrian
and bicycle access to a mass transportation facility, and the
renovation and improvement of historic transportation
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, surveillance
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 revenue-
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 transportation; 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 regulation'
means a regulation--
``(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 wheelchair
user or has semiambulatory capability), cannot use effectively,
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
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(7) Mass transportation.--The term `mass transportation'
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 sightseeing
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 transportation'
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 Secretary of
Transportation.
``(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 transportation.
``(15) Transit enhancement.--The term `transit enhancement'
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
Secretary.
``(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).''.

19053708a1dbaeefe9132ea3035a330ec9efe58ab267a77bd9ad5ab39efc45c0

(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.
``(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 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.
``(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
comprehensive 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 planning
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
transportation 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 people and
freight;
``(F) promote efficient system management and operation;
and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider any
factor specified in paragraph (1) shall not be reviewable 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
Commerce)'' 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'';
(3) in paragraph (3) by striking ``in an urbanized area'' and
all that follows through ``of the urbanized area'' and inserting
``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 paragraph.''.
(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:
``(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 nonattainment.--
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 manner described in subsection (c)(5).
``(4) New metropolitan planning areas in nonattainment.--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);
``(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 metropolitan
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 functions'';
(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
efficiently 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 planning 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)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of users of
public transit,'';
(4) in paragraph (5)(A) by inserting ``published or otherwise''
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''.

6f78d437789b23597d321198cf1a2636a63fd1bcce5d9581eb9372610a6908f2

(a) Development and Update.--The second sentence of section 5304(a)
is amended--
(1) by striking ``the organization'' and inserting ``the
metropolitan planning organization, in cooperation with the chief
executive officer of the State and any affected mass transportation
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 improvement program if
reasonable additional resources beyond those identified in the
financial plan were available.''.
(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 development
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.--
Notwithstanding subsection (b)(2)(C), 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 subsection (b)(2)(C).
``(5) Publication.--(A) A transportation improvement program
involving Government 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
transportation improvement program. All other projects funded under
chapter 2 of title 23 shall be grouped in 1 line item or identified
individually in the transportation improvement program.''.

eb055bec6794eb4de722f7c1c988f159d48c0054400d7e5d3b113997e2320de6

(a) Designation.--Section 5305(a) is amended by striking paragraph
(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 operators''.
(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 affected 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 subsection,
the Secretary shall provide for public involvement appropriate 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 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 Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).''.

2acb2682420325164ab1b305d6810038661c1401e892a54207d7905186774403

(a) Section Heading.--
(1) Amendment to section 5307.--Section 5307 is amended by
striking the section heading and inserting the following:
``Sec. 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 approving
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 Secretary,
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 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
following the fiscal year in which the funds are apportioned. Funds
that are not obligated at the end of such period shall be
reapportioned under the urbanized area formula program of section
5336.
``(3) Report.--A recipient of funds apportioned under paragraph
(1) shall submit, as part of the recipient's annual certification
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,''.

9be02ad19d95a9b96527d6a58f1f8579b99c04853c96f618ce819a2a4e30588c

(a) In General.--Section 5308 is amended to read as follows:
``Sec. 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, including
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
facilities to accommodate clean fuel 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 equivalent or
superior emissions reductions to existing clean fuel or hybrid
electric technologies.
``(b) Authority.--The Secretary shall make grants in accordance
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
population 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
population of at least 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 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
recipients 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--
``(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
population 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 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
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), subject
to subparagraph (B) of this paragraph, the number of clean fuel
vehicles in the fleet, or the number of passenger 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 classified 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 nonattainment
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 classified 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 nonattainment
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 classified 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
``(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 nonattainment
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 nonattainment 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 nonattainment area for carbon
monoxide, the weighted nonattainment 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 designated 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.
``(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) Bus retrofitting and replacement.--Not more than 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 replacement 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.''.

50a56c104743d3e85aa0abadf31de05ee2c555642bca75d741f364ec67b39884

(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 subparagraphs
(G) and (H), respectively; and
(2) by striking subparagraph (E) and inserting the following:
``(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
facilities;''.
(d) Consideration of Decreased Commuter Rail Transportation.--
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;
``(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 engineering.--In
evaluating a project under paragraph (1)(A), the Secretary 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 reductions
in local infrastructure costs achieved through compact land use
development;
``(C) identify and consider mass transportation supportive
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 population 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 determines
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
availability 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 requiring a
reduction in existing mass transportation services to
operate the proposed project.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing under subparagraph (A), the Secretary shall
consider--
``(i) existing grant commitments;
``(ii) the degree to which financing sources are
dedicated to the purposes proposed;
``(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 Secretary shall evaluate
and rate the project as `highly recommended', `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 Secretary shall provide, in addition to the overall
project rating, individual ratings for each criteria established
under the regulations 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 funding grant
agreement based on the evaluations and ratings required under this
subsection. The Secretary shall not enter into a full 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 guideway 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 Implementation
Plan.
``(C) Projects financed with highway funds.--This
subsection does not apply to a part of a project financed
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 agreement before the date of
enactment of the Federal Transit Act of 1998.''.
(f) Letters of Intent and Full Funding Grant Agreements.--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 equivalent
to the total authorizations under section 5338(b) for new fixed
guideway systems and extensions to existing fixed guideway systems
for fiscal 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,
rehabilitate, 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 paragraph
(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 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)(1)-(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 Banking, 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 recommendations of projects for
funding based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next 3
fiscal years and for the next 10 fiscal years based on
information currently available to the Secretary.
``(2) Supplemental report on new starts.--The Secretary 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 processes
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.''.

ccf94aaff615b9b3a3ca87cf7c45f04171bc74bc9b48e84950b513841f41b001

(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 transportation
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
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 under paragraph (1), including an analysis of
the factors relevant to determining the dollar value of mobility
improvements.

a924253ed64d326e82d99afb2618a8df6870aa3cf8ec5f35977bb894db8788a5

(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 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 Secretary
shall 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 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 repayment of the
bonds; and
(B) any recommendations of the Secretary regarding the
application of this section.

84618a0e02e9a86365d443bdb44f8554bd9a3d70d8403863c4fcab1d1caa14ea

(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.
(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.

22666979f33d8c0e61c840cc033987b0aaf3acd349c9f847b8be2dc4d9d3d8fe

INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.
(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''.

334bd1f53eaba2e7ec0dd4c9348fe496b1e222320bac6094583c521b4f3d9df9

(a) In General.--Section 5311 is amended--
(1) in the section heading, by striking ``Financial
assistance'' 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''.

d1f30f16e8371b3574becc54c73f160cff5fb042fe244c298a7118e3465345c3

(a) In General.--Section 5312 is amended by adding at the end the
following:
``(d) Joint Partnership Program for Deployment of Innovation.--
``(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 transportation
service to the public and 1 or more businesses, including
small- and medium-sized businesses, incorporated in a State,
offering goods or services or willing to offer goods and
services to mass transportation operators; 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 services,
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, organization,
person, or governmental body may contribute funds to a joint
partnership project.
``(4) Notice requirement.--The Secretary shall periodically
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 globally 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 international market about the
technical 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 authorities
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 agencies,
State or local agencies, public and private nonprofit institutions,
government laboratories, foreign governments, or any other
organization the Secretary determines is appropriate.
``(3) Funding.--The funds available to carry out this
subsection 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 to carry
out activities under this subsection, including promotional
materials, travel, reception, and representation expenses necessary
to carry out such activities. 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. 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)(1)(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.--
(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 section
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 subsection
shall be 80 percent of the cost of such activities.

61d0cf27f73963adb241bf9aeefdf51a7a6f6e9902cda46b3e0c2566941f770f

Section 5314(a)(2) is amended by striking ``$2,000,000'' and
inserting ``$3,000,000''.

bb8a7bf559fd30f29af275c5add656560212aef5f65776c5639fa764ddcccbed

(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 management,
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''.

e896ad2b1e3930de83312833bd58269119d2156f57b18cf408459ecae81d868c

(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
(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,''.

4eae61bd44b23a44ff6662d9d10abb4484303f1331243a6145c354be267bd0f5

Section 5319 is amended by striking ``under this section is for 90
percent of the cost of the project'' and inserting ``made eligible 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''.

726eb2d4e909dc292d7f655d79ea2150c11c3b9e49952f61c512cbdab1b72ed4

(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 certification
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 compliance 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 practicable 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 (l) as subsections (l)
and (m), respectively; and
(2) by inserting after subsection (j) the following:
``(k) Participation of Governmental Agencies in Design and Delivery
of Transportation Services.--To the extent feasible, governmental
agencies and nonprofit organizations that receive assistance from
Government sources (other than the Department 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
``(2) shall be included in the planning for those services.''.
(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 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 sections
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.''.

8eb13932d34e04f57967157544ad87bb718e12595cc4490cab203426be2f3f95

FROM MASS TRANSIT ACCOUNT OF HIGHWAY 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 Secretary
shall 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 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 operators
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.

588777af210b0266ab90dc377573d6f8d40d6a6fcd6047e624d0f352b7acea3c

(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.''.

2bc5c0fd3146a33e3d60335202b693ef6c8da0190d6924e62a3361ea68fe1b61

Transportation Equity Act for the 21st Century

Other Sections

TITLE IX

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

TITLE VIII

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